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Copyright Law is supposed to encourage authors to create works of authorship, both factual and fictional. However, Copyright jurisprudence has developed to only protect expression, and not idea, to ensure the continued dissemination of knowledge. In solidifying this belief, two doctrines--Fair Use and the idea/expression dichotomy--allow for individuals to utilize other works of authorship without it being considered copyright infringement. Though widely used throughout the judicial system, the analysis for both the second Fair Use factor--Nature of the Copyrighted Work--and the idea/expression dichotomy are left without clear guidelines, leaving judges with an insurmountable task of determining what is and is not protectable under copyright, unknowingly imposing subjective, value-based judgments. By establishing that the determination of what is protectable expression and unprotectable idea in the idea/expression dichotomy is the same as the second Fair Use factor's factual or fictional determination, this comment encourages courts to abandon the second factor in the Fair Use analysis, or require a more in-depth originality analysis of each individual work in the second factor. Through an analysis of four controversial and subjective, value-based Fair Use decisions, the unknown incentivization of fictional over fact-based works is revealed. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca 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 Praxis (07172877) is the property of Universidad de Talca 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 article tracks the development of liquor laws in the Northern Territory, considering their impacts on Aboriginal justice outcomes and possible areas for reform. Noting the putative trade-off between health and justice outcomes, it examines the Northern Territory National Emergency Response Act 2007 (Cth), the Stronger Futures in the Northern Territory Act 2012 (Cth) and the 2022–23 Liquor Act 2019 (NT) amendments. Under the most recent Liquor Act amendments, the sale, possession and consumption of alcohol remain restricted in prescribed areas, which must determine the future of their liquor laws by 28 February 2027. This article proposes that greater investment is required to support Aboriginal leadership throughout this decision-making process. Indeed, a central proposition of this article is that the failure to adequately consult Aboriginal communities has been a shared feature of all three laws, and a fundamental barrier to improving Aboriginal justice. Reflecting on the interaction between Aboriginal and non-Aboriginal legal systems, this article identifies issues in the current policies that risk replicating the shortcomings of previous laws, thereby failing to empower Aboriginal leadership or improve Aboriginal justice services. [ABSTRACT FROM AUTHOR]

This Article explores a new way of determining ineffective assistance of counsel. Under existing law, a defendant must show that (1) counsel's performance was deficient, and (2) such deficiency resulted in prejudice. Although the right to counsel is a foundational guarantee in criminal proceedings, the ineffectiveness standard fails to adequately protect defendants against poor representation. Given the pervasive racial disparities throughout the criminal legal system, this failure falls heaviest on Black defendants. Other criminal law scholars have recognized that the prejudice requirement thwarts defendants' vindication of their right to counsel. But this Article recognizes that a particular harm of the standard's prejudice requirement is that it thwarts Reconstruction's goal of ensuring fair criminal proceedings for Black people. In constructing a new standard, this Article turns toward Reconstruction. Among broader objectives, the architects of Reconstruction intended to protect the rights of Black people in criminal proceedings. This is evidenced in the history and text of the Reconstruction Amendments, which contain clauses specifying the need for "due process," "equal protection of the laws," and limiting punishment to those who have been "duly convicted." Rooted in Reconstruction, the new ineffectiveness standard removes a barrier to relief: the prejudice requirement. Instead, defendants would need only to demonstrate that counsel's conduct was deficient relative to prevailing professional norms and considering the circumstances of the case. Ineffective assistance of counsel is a racial justice problem, and the current ineffectiveness standard is part of that problem. The current standard directly contravenes the commitments Congress made during Reconstruction. This Article engages the history, text, and spirit of Reconstruction to advance a racial justice solution to a problem that has frustrated the rights of all defendants. [ABSTRACT FROM AUTHOR]

Due process can be understood as a norm of fundamental law and a positive provision intended to preserve legal certainty; it can also be seen as a jurisdictional institution aimed at configuring procedural guarantees within a judicial action. But its relationship with artificial intelligence takes on a special meaning in the modern constitutional states, in the guarantee constitutions, and in the so-called constitutions of principles, all of these of great influence and gestation in the Euro-pean constitutionalism of the second post-war period, and which have poured their reception in Latin American legal systems and therefore in its fundamental normative bodies. In this paper we will precisely develop the hermeneutic-procedural impact on the administration of justice, of the relationship and connection between due process and artificial intelligence, a topic that will be addressed in the key of theory and philosophy of law. In particular, we will respond specifically to three points of our presentation: (i). What is artificial intelligence ap-plied to law? Theoretical and conceptual perspectives for a new exper-imental practical reason. (ii). Judges and the administration of justice mediated by AI: new meta-normative systems and their judicial her-meneutics. and (iii). Algorithmic jurisprudence: The artificial judicial decision and its procedural impact on the administration of justice. [ABSTRACT FROM AUTHOR]

The aim of the study is to identify the key problem areas that define the boundaries of the “shadow economy” in Bulgaria using data from a questionnaire survey conducted at the end of 2023 among 335 business representatives in Bulgaria. A range of sectors like construction, hotels, restaurants and tourism significantly contribute to the country’s economy but are characterized by unregulated practices – e.g. failure to issue invoices or receipts, employing workers under contracts with “hidden clauses”, underreporting revenues or profits to evade taxes – according to the assessment of survey participants. The analysis shows a significant concentration of these practices in micro and small enterprises, which are less regulated. In contrast to expectations, large enterprises with over 250 employees maintain a low share of the “shadow economy”, likely due to stricter regulations and control. According to the business community, the key measures that need to be rigorously enforced include limiting corruption, increasing the efficiency of the judicial system, introducing more effective business incentives, improving the quality of administrative procedures, and reducing the influence of organized crime. This is essential for creating a more transparent and competitive economic environment in Bulgaria, benefiting both small and large businesses. [ABSTRACT FROM AUTHOR]

In examining the legal systems of Romania, the United Kingdom, and the United States, one is immediately struck by the divergent paths through which justice is administered and law is interpreted within these jurisdictions. This paper delves into the foundational differences in legal traditions and systems, specifically, the civil law system of Romania contrasted with the common law traditions of the UK and the US, exploring how these differences impact the interpretation of laws, the roles of judges, and the overall legal processes. For legal practitioners, scholars, and students, understanding these comparative dynamics is crucial for navigating the increasingly interconnected global legal landscape, offering insights into how different societies organize their judiciary to uphold the rule of law. [ABSTRACT FROM AUTHOR]

There is limited access to Justice system services in rural communities of Namibia, stemming from inadequate infrastructure and resources which contributes to a concerning escalation in poverty and crime rates within these communities. The study examines the factors that influence the Namibian Ministry of Justice's services to rural areas. The qualitative methods were employed, and actor-network theory (ANT) was applied as a lens for analysis. The study reveals that a mobile-enabled platform can be used to improve the efficiency and effectiveness of the Ministry of Justice service delivery. It highlights the factors that can influence the development of the platform. The findings have significant implications for improving the efficiency and effectiveness of the Justice system services, from both technology and the Ministry of Justice's perspectives. [ABSTRACT FROM AUTHOR]

Health information provided by patients in the doctor's office belongs to the sphere of their private life. Medical confidentiality is intended to prevent unwarranted interference with the content of this information, both by state authorities and private entities. Thus, it is an instrument to protect the individual's constitutional right to privacy and, at the same time, guarantee an effective diagnostic and therapeutic process. For these reasons, access to the information covered by medical secrecy should be exceptional, especially since this data is highly sensitive in nature. This is especially true of psychiatric confidentiality. Contrary to these seemingly obvious assumptions, the Polish legislator introduces into the legal system further legal solutions that seriously interfere in the sphere of information about an individual's health. This makes medical (psychiatric) secrecy an institution of illusory nature and violates the patient's constitutional right to privacy. It also negatively affects the effectiveness of the diagnostic and therapeutic process. The latter requires complete trust in the doctor-patient relationship and, thus, full confidentiality. The article discusses the ratio legis of medical secrecy, the interrelation of psychiatric and medical secrecy, and the prerequisites for abrogating these secrets. It then discusses the relationship between medical confidentiality and other legal duties incumbent on physicians. Against the backdrop of these considerations, legal solutions that reflect the tendency to weaken the legal protection of medical confidentiality and thus pose a real threat to the information covered by it, were analyzed. [ABSTRACT FROM AUTHOR]

Technologies that have emerged over the past five years are changing the way in which judges work. Some of the technologies can support judges and others have the potential to replace them. This article considers international developments in selected jurisdictions as well as barriers to the take-up of technology. From the use of supportive technologies including generative Al and videoconferencing, to the development of technologies that guide and monitor judges, there are differing ethical impacts as well as impacts on the role of judges as guardians of the court system and protectors of democratic arrangements. The impacts on the judiciary of these types of technologies are considered together with more future-focused options. For example, how might judges be "enhanced" in the future and what options could be available to enhance, rather than replace, judges with supportive technologies? [ABSTRACT FROM AUTHOR]

Artificial intelligence (Al), including generative Al, has been identified as a profound opportunity for the judicial system due to the efficiency and cost savings it promises. Equally concerns have been raised about "fake law" due to generative Al hallucinating, and "fake evidence" created by malevolent actors. This article argues that the lawyer's compliance with their ethical duties to the court and the administration of justice, as well as duties of independence, competence and supervision, will assist in the effective use of Al and guard against a range of harms, such as Al misleading judges, causing unfairness and undermining public confidence in the judicial system. The lawyer's ethical obligations as a source of protection against the misuse of Al for the court system continue the historical collaboration between the judiciary and the legal profession in the provision of justice. [ABSTRACT FROM AUTHOR]

Judges and other legal adjudicators are increasingly relying on AI systems to assist them with their decision-making. This has profound implications for the judicial process and the right to a fair trial. This article considers what these developments mean for the principle of open justice. Two key rules that operationalise the principle of open justice - the rule that justice ought to be administered in public and the judicial duty to give reasons for decisions - are, in their current form, strained and perhaps broken altogether when AI is used to assist judicial decision-making. Consequently, these rules need to be modernised and recalibrated. To achieve this, theories, concepts and findings from "explainable AI" and "procedural justice theory" ought to be incorporated into these two rules so that they can better actualise open justice in the AI era. A key requirement is that appropriate, understandable explanations about how AI systems help judges to decide individual cases are provided to affected parties and the public. [ABSTRACT FROM AUTHOR]

The article "Diplomatic Receptions: Work, not Entertainment" by Charles A. Ray discusses the importance of diplomatic receptions as networking opportunities for diplomats to establish contacts and further their nation's foreign policy goals. Ray shares personal experiences from his diplomatic career in Cambodia and Sierra Leone, highlighting how social interactions led to significant policy advancements, such as facilitating extraditions and coordinating evacuations. The author emphasizes that diplomatic events are not merely social gatherings but essential platforms for diplomats to represent their nations and engage in meaningful work. [Extracted from the article]

The world we live in is constantly evolving. Humans tend to seek out simple solutions. Technology has attempted to make the world a better place for people to live by introducing revolutionary technologies intended to reduce human labor and raise the standard of living. As technology advances rapidly, artificial intelligence's function shifts from novelty to necessity, changing established conventions. Artificial intelligence ("AI") is the development of machine technology to mimic human intelligence, resulting in increased efficiency in the performance of jobs previously undertaken by humans. Over time, research into AI has revealed that it is a fascinating contribution to the world of technology as we know it, as well as other fields of human endeavor such as legal practice, justice administration, financial services, insurance, health, and so on. In the field of law, the emergence of artificial intelligence (AI) in developed countries has had an impact on their legal systems. For example, in many jurisdictions' civil and criminal proceedings, electronic evidence is admissible in court because of technology and artificial intelligence. With that said, it is nearly impossible for a legal practitioner to do well without technology due to its efficacy; that is, the introduction of Artificial Intelligence into Law will make the creation of legal databases easier and portable, communication and processing faster and more efficient, and, most importantly, data research easier and more reliable. This article investigates artificial intelligence (AI) and the benefits it could bring to Nigeria's court system if properly implemented. It adopts the doctrinal approach of research and concludes that AI will go a long way in improving the judicial system in Nigeria. It recommends that the Nigerian government and all relevant stakeholders should ensure that AI is introduced to the judicial system in the country. [ABSTRACT FROM AUTHOR]

Amid existential challenges to the press as an institution, public accountability journalists in Texas are navigating their own set of difficulties. For those who report on state and local entities, journalists are encountering increasingly constrained avenues for obtaining public information, a greater tendency for government bodies to prioritize image control over transparency, a higher likelihood of retaliation from public officials for performing important accountability work, and a judiciary that seems to respect the press less and less. By surveying journalists, and members of press and legal organizations who support accountability journalism, we use their accounts to evaluate these trends, to attempt to memorialize these challenges, and to assess what they mean for the state of press freedoms in Texas in 2024. We conclude that the current state of press freedoms in Texas, and the relationship between the press and the institutions they report on, can charitably be described as strained. From a clinical perspective, this gives us a benchmark to evaluate our progress moving forward, as we enter the First Amendment Clinic's fifth year of operation and reflect on the first seventy-five years of the SMU Clinical Programs. [ABSTRACT FROM AUTHOR]

Copyright of Cuadernos de Geografia: Revista Colombiana de Geografía is the property of Universidad Nacional de Colombia 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 Ankara Barosu Dergileri is the property of Ankara Bar Association 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 Ankara Barosu Dergileri is the property of Ankara Bar Association 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 Ankara Barosu Dergileri is the property of Ankara Bar Association 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 Araucaria is the property of Araucaria-Revista Iberoamericana de Filosofia, Politica y Humanidades 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 legal treatise remains a pillar of the American legal system and the rule of law, despite claims it might be dying and variations in quantitative citations to treatises over time. Indeed, several treatises evidence increased citation in U.S. Supreme Court opinions during the last several decades. Surprisingly, the U.S. Supreme Court, including the Robert's Court in Dobbs v. Jackson Women's Health Organization, increasingly sees fit to rely on proto-treatises, such as Bracton, Coke, and Blackstone. This article provides empirical data and qualitative analysis to support this claim, highlighting the sometimes declining but nevertheless significant presence of treatises in case law, briefs, law reviews, and journals over time. [ABSTRACT FROM AUTHOR]

The existing forensics systems are developing in a more and more perfect direction in terms of forensic steps, legal constraints, audit supervision, etc., but they are still not fully applicable to legal forensics. A general legal forensics system must have a complete forensics process to ensure the smooth progress of the forensics work. One of the purposes of legal forensics is to use legal means to bring criminals to justice. Only by ensuring the legality of the evidence can it be accurately identified case, and therefore also to ensure the legality of the evidence collection process. In order to design a more powerful legal forensics system, this paper introduces a data mining algorithm to extract valuable information from massive data through association rules to improve the efficiency of forensics. At the same time, this paper also proposes three coding schemes for the integrity of the evidence object, and compares the forensic effects of the three schemes. [ABSTRACT FROM AUTHOR]

The rapid advancement of Artificial Intelligence (AI) technologies has the potential to revolutionize legal practice and judicial systems globally. In Colombia, the adoption of AI in the legal sector is still in its early stages, presenting both opportunities and challenges. This article investigates the emergence of AI in legal contexts, its diverse applications, and the specific hurdles Colombia must overcome to successfully integrate AI into its judicial system. By examining case studies from other jurisdictions and analyzing Colombia's ongoing legislative efforts, we underscore the potential benefits of AI, such as optimizing case management and enhancing the decision-making process, which could significantly improve the efficiency and effectiveness of the Colombian legal system. However, significant obstacles remain, including underdeveloped technological infrastructure, the digital divide, the risk of algorithmic bias, and concerns regarding data privacy. Despite these challenges, Colombia's proactive approach to addressing them through comprehensive legislation and targeted training initiatives for legal professionals demonstrates the country's commitment to the responsible and ethical implementation of AI. These efforts lay the groundwork for the successful integration of AI within the Colombian legal framework, fostering public trust and confidence in the system. [ABSTRACT FROM AUTHOR]

There is a long and fascinating history surrounding the role played by foreign judges in the courts of nations of the Pacific, both during colonial times and post-colonisation. That history is not uniform nor is it static. The common law and its preference for protecting the rights of individuals has sometimes created tension with customary rights especially in relation to land. While for the most part positive and invariably well-intentioned, the role played by foreign judges in the last three decades has often been ad hoc, has not always been appreciated and has occasionally been problematic. On other occasions, the treatment of some foreign judges has also been deeply problematic. The overall contribution has nonetheless been significant in the promotion of the rule of law and the development of local judiciaries. [ABSTRACT FROM AUTHOR]

Long before the term "decent work" became widely recognised, V.V. Giri, B.R. Ambedkar and others emphasised its importance. Work that traps people in bondage or poverty or exposes them to hazards, discrimination or insecurity, prevents individuals and the economies they contribute to from advancing and reaching their full potential. Today, as newer forms of work such as gig work and platform work emerge, it is essential for the law to continuously evolve to protect the interests of all workers. Law without justice is incomplete. Various agencies, including the legal system, the state, enforcement authorities, the civil society, among others, must work together to deliver justice to the broader population, principally the weak and disempowered. In a world where inequality is rising dramatically, justice must not elude the people. [ABSTRACT FROM AUTHOR]

In South Africa, a connection exists between ignorance, poverty, greed, and corruption. A key aspect to understand this connection is by defining corruption and looking into its types, reasons, and trends; and the instances of fraud and corruption scandals tied to 'politically linked' people compared to the legal and procedural systems for fighting corruption in South Africa. Corruption and corruption scandals in South Africa not only erode the progress made since the 1990s democratic dispensation, but also hinder the country's efforts to address its key issues of poverty, unemployment, and inequality. Corruption and unethical behaviour by individuals with political connections pose an added risk to the well-being of the citizens. This is because dishonest behaviour hinders the provision of services, weakens economic development, and undermines the validity and operation of government entities. As long as the connection between ignorance, poverty, greed, and corruption is not tackled, addressing fraud and corruption will remain difficult. This study examines how ignorance, poverty, greed, and corruption are interconnected in South Africa. It adopted a qualitative research approach to examine that interconnectedness. [ABSTRACT FROM AUTHOR]

The office of Attorney-General is an ancient one that remains central to the legal system. The Attorney-General exercises many functions and powers important to the legal system but is also a politician and member of cabinet. This article explains the key functions of the Attorney-General and also the political position of that officer. The focus of the article is upon federal law. It also examines three federal Attorneys-General of modern times and considers how their actions have influenced or reflected the changing conceptions of that office. The article does not suggest that changing conceptions of the office are either good or bad, but instead that they are a reality. The article suggests that these changes provide a reason to reconsider some of the traditional privileges of the Attorney-General, such as the power to grant a fiat in judicial review claims and the Attorney's privileged position in standing for judicial review of administrative action. [ABSTRACT FROM AUTHOR]

Considerable scholarship exists about the British colonial ideas of the murderous highway-robbing cult of 'thuggee', and the legislation passed in 1871 to curb the activities of 'criminal tribes' in colonial India. However, limiting research to these two themes of thuggee and criminal tribes alone occludes the informed, savvy and diverse ways that Indigenous communities like Bhils engaged with British justice prior to this time, under the East India Company. Using the under-researched unpublished archives of the Company's Bombay Judicial Consultations between 1818 and 1825 as a sample, this article provides a survey of the dynamic, engaged and sometimes calculated ways that Bhils interacted with the Company's system of justice. It contends that when it came to law, crime and culture, there were not black or white responses, but rather 'shades' of Bhil's engagement with Company justice. This engagement was not simply a reactive measure for Bhils to adapt to Company rule. Bhils drew on longer lineages of political and legal practices which predated the Company in how they engaged with the British. [ABSTRACT FROM AUTHOR]

Sentencing an aged pensioner to nearly six years imprisonment for perjury in 1910, the Victorian Chief Justice denounced a man 'as dangerous ... as the law could contemplate'. The prisoner had procured a number of others to give false evidence in a civil suit for libel launched by an ex-politician against another still serving in the Commonwealth Parliament. The denunciation expressed judicial abhorrence of what judges regarded as a detestable crime, undermining the administration of justice. This first study of the historical prosecution and sentencing of perjury in Australia explores the characteristics of cases that were committed for trial in the Supreme Court in colonial Victoria. Those prosecuted, and sometimes convicted, included witnesses swearing to alibis in the course of trials for murder, women alleging sexual assault or suing for maintenance of a child, men and women seeking damages or redress in the civil courts over unpaid debts or angry words, and police frustrated by the failure to obtain convictions in sly grog cases. In addressing the prosecution of perjury in Australian colonial courts this article examines what was at stake when private citizens as well as public officials sought to punish those perceived as failing to tell the truth under oath. [ABSTRACT FROM AUTHOR]

The rapid advancement of Artificial Intelligence (AI) technologies has the potential to revolutionize legal practice and judicial systems globally. In Colombia, the adoption of AI in the legal sector is still in its early stages, presenting both opportunities and challenges. This article investigates the emergence of AI in legal contexts, its diverse applications, and the specific hurdles Colombia must overcome to successfully integrate AI into its judicial system. By examining case studies from other jurisdictions and analyzing Colombia's ongoing legislative efforts, we underscore the potential benefits of AI, such as optimizing case management and enhancing the decision-making process, which could significantly improve the efficiency and effectiveness of the Colombian legal system. However, significant obstacles remain, including underdeveloped technological infrastructure, the digital divide, the risk of algorithmic bias, and concerns regarding data privacy. Despite these challenges, Colombia's proactive approach to addressing them through comprehensive legislation and targeted training initiatives for legal professionals demonstrates the country's commitment to the responsible and ethical implementation of AI. These efforts lay the groundwork for the successful integration of AI within the Colombian legal framework, fostering public trust and confidence in the system. [ABSTRACT FROM AUTHOR]

The Management Committee, as the governing body Of the Guangdong-Macao In-Depth Co-operation Zone in Hengqin, plays a pivotal role in the zone's development. However, the current normative documents cannot provide the necessary legal basis for establishing the Management Committee. Drawing on arguments hom various perspectives, including the principles of legal reservation, authorisation andfunctional propriety, this article concludes that the management system of the Guangdong-Macao In-Depth Co-operation Zone should be established through central legislation. Building upon the existing legal Aamework, the enactment of a Law on Guangdong-Macao In-Depth Co-operation Zone is recommended. Additionally, optimising the structure of the management system entails adjusting the leadership system, clarifying the legal status, functions and powers of the Management Committee, improving its internal structure and pefecting the administrative remedy system. [ABSTRACT FROM AUTHOR]

One of the main problems in emerging countries is corruption in the administration and systems of courts. This research investigates whether the perspectives of manufacturing businesses in Eastern Europe and Central Asia that took part in the BEEPSII (2008) and BEEPSIV (2013) surveys during and after the global crisis of 2008 were different. We evaluate the number of times they interacted with the judicial system both during and after the crisis, the speed at which it proceeded, its fairness and impartiality, and the degree to which the court was able to successfully enforce its rulings. More than five thousand manufacturing enterprises from Asia and Central Europe took part in the surveys. We find that fewer manufacturers went to court following the crisis. After the crisis, there is no discernible change in the manufacturers' opinions regarding the fairness, impartiality, or corruption of the legal system. A few years after the crisis, manufacturers' assessments of the legal system's rate of advancement were seen as noticeably improved, while the court's capacity to carry out its decisions in these nations was thought to be less effective. [ABSTRACT FROM AUTHOR]

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

On Tuesday 25 October 2016, four people were killed on the popular Thunder River Rapids Ride (TRRR) at Dreamworld, Australia. Ardent Leisure Ltd pleaded guilty to three charges under section 32 of the Work Health and Safety Act 2011 (Qld) and was fined $A3.6 million with convictions recorded. This article analyses the charges, penalties and ways in which the responsibility of Ardent Leisure Limited for these deaths has been framed by the criminal jurisdiction – essentially, to minimise and neutralise the criminality. The article contends that the legal framework for governing corporate crime in Australia does not reflect the culpability of corporations or provide sentences of deterrence, as illustrated in the case of Guilfoyle v Ardent. The article explores the ways in which the Inquest and sentencing remarks in relation to Ardent demonstrate the failure of the legal system to grapple with the personhood of corporations, specifically in terms of agency and the implications for culpability. [ABSTRACT FROM AUTHOR]

It is fundamental to the administration of justice that the public, and the legal profession, should have trust and confidence in the judiciary. That means it is necessary to ensure that the judiciary reflects the diversity of society. Without that, trust and confidence in the operation of the judicial system is diminished. A two-step process of analysis should be adopted, which is designed to ensure that diversity of all types is promoted, but which still ensures capable and meritorious appointments. The first step requires identification of a "zone" or "pool" of acceptable candidates. The second step involves selecting an appropriate candidate from that "zone" or "pool", having regard to matters such as diversity, the composition of the Court and the character of the candidates. It is inherently flawed to search for a single candidate who is regarded as the most outstanding or meritorious. [ABSTRACT FROM AUTHOR]

There are many questions, fears, concerns, and hurdles when we are faced with engaging with a legal order other than our own. For the most part, we want to be respectful of other peoples and their laws. However, we experience hesitations and sometimes paralysis about where to begin, how to learn, and how to work across plural or multiple legal orders. I am suggesting that we can create both macro and micro frameworks to theoretically and practically beginning to understand the law of others. For example, what are the conditions and standards of law, and how do people reason through the resources of law to solve problems. The reality is that even if we cannot yet see the foundations, operations, and institutions of law in another society, one starts with knowing they are there, then we build our intersocietal capacities. To provide examples, I set our law and legal process drawn from the Gitxsan legal order, one Indigenous people in Canada. [ABSTRACT FROM AUTHOR]

From its settlement in 1803 the penal colony of Van Diemen's Land experienced frontier conditions in the working of the law due to its geography, convict population, bushranging, and the British Government's reliance on lay magistrates rather than Judges to dispense justice. This first major transition away from frontier conditions occurred in 1816 with the inception of the Lieutenant-Governor's Court under Deputy Judge Advocate Edward Abbott. This article focuses on the various ways Abbott's court adapted to local conditions when deciding civil cases in a summary way, including avoiding legal formality, allowing married women and convicts to be litigants and sanctioning ex-convicts and married women representing their husbands to appear as agents. The adaptations to local conditions ended in 1824 when the new Supreme Court of Van Diemen's Land began adhering to English court practice in civil and criminal cases. [ABSTRACT FROM AUTHOR]

This article discusses what led to the creation of the Supreme Courts of New South Wales and Van Diemen's Land and in particular the changes and pressures which grew after the establishment of the Colony of New South Wales. Factors influencing change included the powerful role of the Governor, the peculiar role of the Judge-Advocate and courts which bore little resemblance to those in England. Social changes and the development of trade created pressures to alter the court systems as did the expansion of the Colony into Van Diemen's land. Despite the efforts of many, the creation of the Supreme Courts took time. [ABSTRACT FROM AUTHOR]