Search

This essay addresses a version of Jerome Frank's question – 'Are Judges Human?' – asking instead: are human judges necessary? It begins, in section II, by outlining the technological developments which inform the view that they are not and critically evaluates the juristic position that seemingly endorses it. That position is labelled 'technological evangelism' and it consists of three claims about law and adjudication: the certainty, determinacy and partiality claims. Section III shows that these three claims are utterly incompatible with what it calls standard and non-standard views of adjudication and law, while section IV considers some ways in which proponents of technological evangelism might try to reject standard and non-standard views. That section concludes that no plausible efforts have so far been made by technological evangelists to reject standard and non-standard views, and that those views therefore maintain their existing explanatory and normative priority. The overall conclusion of the essay is that technological evangelism is not a critical explanatory and normative engagement with law and adjudication as we know them, but an effort to replace them: not a game-changing intervention, but a game-ending one. [ABSTRACT FROM AUTHOR]

The article analyzes whether the Daubert standard govern admissibility of expert witness testimony in civil and criminal proceedings under the Florida Administrative Procedure Act. Topics discussed include applicability of the rule of sequestration in Fla. Indus. Power Users Grp. v. Graham, reliability of expert testimony in the SDI Quarry case against a mining company for compensatory damages to a man-made lake, and discretion of administrative law judges to apply Daubert in several cases.

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law 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 persistence of corruption in Malawi is well documented as are its heinous effects. Malawi's response to combating corruption has involved the adoption of legislation and the establishment of a dedicated agency for dealing with the vice. These efforts notwithstanding, the fight against corruption continues to be a lopsided undertaking with the country registering negligible commendable progress while reports of serious corrupt practices are a regular occurrence. Corruption in Malawi, arguably, has become systemic. Corruption seems particularly rife in the realm of public procurement. This paper posits that while the law may commonly be invoked in aid when tackling corruption, it is important to critically reflect on its contribution in fostering and/or enabling corruption. By specifically focusing on the law on public procurement, the paper demonstrates that this regime of law, by containing ambiguous terms, giving public officials broad discretion, conferring public officials with overboard freedom to create subsidiary legislation or regulations, creating burdensome processes, having lacunas in regulatory or administrative procedures, and giving certain groups preferential treatment during procurement processes motivates, enables and creates opportunities for corruption. As a possible solution, the paper proposes that Malawi should adopt corruption proofing of legislative enactments as an ex ante mechanism for dealing with corruption to supplement investigations and prosecutions, which are ex post facto procedures. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this study is to investigate the extent to which TQM has influenced the legal system in Australia, an area seldom investigated in the quality or legal literature. Design/methodology/approach: Documentary and policy analysis of legislation, rules and rulemaking documentation based on a partial application of historical-policy analysis (HPA). Textual analysis was based on Dean and Bowen's (1994) definition of TQM and Vinni's (2007) review of new public management and Swiss (1992) "reformed TQM" concepts. Findings: Australia's Tertiary Education Quality and Standards Agency Act of 2011 and supporting legal documents such as Guidance Notes include language reflective of TQM principles, providing evidence that present-day administrative law schemes include TQM practices and tools to undergird procedures of regulatory expectations (sometimes in the form of standards), monitoring and general operations. Oftentimes, it is the supporting legal documentation where TQM practices are found and operationalized. Research limitations/implications: This is a proof-of-concept research study to determine the feasibility to identify TQM concepts within the existing language of legal statutes and supporting regulatory documentation. As such this study worked out the preliminary research challenges in performing this type of analysis. Practical implications: Understanding TQM's impact on legal systems expands the system's perspective of organizations that do not always factor in the influence government policy has on organizational behaviours and outlooks. More specifically, understanding TQM's influence sheds insight on regulatory requirements imposed on a sector and the normative aspects of regulatory compliance that impact the operations and strategic planning of organizations. Social implications: The article provides an example of how legal administrative rulemaking influences organizational operational and strategic activities to remain viable in the organization's business or industrial sector. Originality/value: There are few research papers or literature reviews pertaining to the subject of TQM concepts embedded in laws and regulations, most of which date from the 1980s through early 2000s. [ABSTRACT FROM AUTHOR]

The purpose of the work is to study the principles of legality and justice in the practice of administrative proceedings of the Republic of Kazakhstan. For this, methods such as system and comparative analysis, logical analysis, deduction, induction, and formal-legal methods were used. During the implementation of the study, the significance, and role of legal principles in administrative justice in the Republic of Kazakhstan were investigated. After analysing the model of the transition of the countries of the former USSR to the system of administrative justice and the specifics of its implementation in Kazakhstan, it was concluded that the principles of legality and justice are legally fixed in the Administrative Procedure Code of the Republic of Kazakhstan. This article analyses the studies of both Kazakhstani and foreign scientists concerning the application of laws and principles in administrative proceedings. In addition, some aspects of improving the system of administrative justice in the context of legislative regulation of the application of legal principles are considered. The practical value of the results obtained is to provide recommendations that will have an impact on the activities of the administrative justice system of Kazakhstan and will allow it to be implemented more efficiently. [ABSTRACT FROM AUTHOR]

This article offers a solution to the numbers problem within an individualist moral framework. Its central aims are as follows: to rescue individualist moral theories, such as moral contractualism, from their long-standing problem with interpersonal aggregation; to demonstrate how, proceeding from an individualist mode of justification, we can nevertheless make the numbers count without directly counting the numbers; to provide an individualist rationale for accepting a partially aggregative criterion of adjudication for resolving interpersonal trade-offs; and finally, to develop an extensionally adequate version of partial aggregation that finds application in more structurally complex cases. [ABSTRACT FROM AUTHOR]

In Türkiye, in accordance with European Union harmonization laws, the Biosafety Act No. 5977 entered into force on September 18, 2010. The basic legislation regarding the application process is composed of the Biosafety Act, Regulations on Genetically Modified Organisms and Their Products, and Regulations on Working Procedures and Principles of Biosafety Board and Committees. Biosafety legislation foresees a special application procedure for genetically modified organism (GMO) food, food products, feed, and other products. The application regulated in the Biosafety Law is a special administrative procedure in nature. The primary objective of this study is to explain the legal regime of this application procedure. While explaining this issue, relevant limitations will be discussed in detail, and solutions will be presented for such limitations. This study was divided into two parts. The first part examines the basic concepts related to the application will be examined, including its scope and nature of the application, the prohibitions, and exceptions related to the application, the applicant, and the relevant authorities. The second part focuses on the application process, covering notifications to the applicant and reasons for rejection of the application, evaluation of the application, final decision stage, and simplified procedure. [ABSTRACT FROM AUTHOR]

The need for association and cooperation in its primary forms is existentially determined, embedded in the human psyche and morality before it becomes a rationally realized expediency and long before it becomes a right. The right of association is a fundamental right referred to in the group of political rights and freedoms, economic rights, and personal rights. This right combines the liberal idea of individual freedom with the collectivist idea of uniting the efforts of more people to achieve certain goals; exercising the right of association is an expression of free will. The principle of solidarity is exploited by hegemonic state doctrines and governments – communitarian, totalitarian, religious-fundamentalist, nationalist, modernizations, which call for the solidarity of tolerating restrictions, the renunciation of freedom in the name of certain collective goals, as well as in the doctrines and practices of revolutionary violence. The Code of Administrative Procedure provides wide participation of organizations in the various proceedings, both before the administration and in judicial administrative cases. [ABSTRACT FROM AUTHOR]

Copyright of Verwaltung und Management: Zeitschrift für Moderne Verwaltung (VM) is the property of Nomos Verlagsgesellschaft mbH & Co. KG 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 Anuario Turismo y Sociedad is the property of Universidad Externado de Colombia, Facultad de Empresas Turísticas y Hoteleras 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 Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal 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 Digital de Derecho Administrativo is the property of Universidad Externado 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 Revista Digital de Derecho Administrativo is the property of Universidad Externado 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 Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research 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 scientific article is devoted to the study of the identified vectors of improving the observance of human rights during the application of administrative detention by the police at this stage of the development of Ukrainian statehood. The following vectors for improving the observance of human rights during the application of administrative detention by the police have been identified: the introduction of electronic tools; normative regulation of the procedure for applying administrative detention; improvement of the procedure for appealing administrative detention; normative regulation of the procedure of administrative detention during the establishment of quarantine; legislative consolidation of requirements for the administrative detention protocol. It is proposed to introduce the following electronic tools during administrative detention: electronic digital signature, electronic protocol on administrative detention, entering information about the application of administrative detention to a person in the single portal of state services "Diya". It is emphasized that there is no normative regulation of the procedure for applying administrative detention in case of committing an administrative offense, the subject of which is a legal entity. It is proposed to enshrine the right to challenge administrative detention in Article 261 of the Code of Ukraine on administrative offenses, as well as to additionally duplicate this right in the protocol on administrative detention. Attention is focused on the need to grant the right to an illegally detained person to claim compensation for damages. It is proposed to expand the list of grounds for detaining persons by the police under the conditions of the introduction of quarantine. It is proposed to additionally determine the requirements for protocols in proceedings in cases of administrative offenses in the norms of the Code of Ukraine on administrative offenses. The author notes that the legislation does not provide for additional grounds for administrative detention under martial law, such grounds are general. In addition, it was emphasized that there is no special procedure for administrative detention during martial law. It was concluded that the application of administrative detention, in particular, is a dynamic process that must comply with the principle of legality, the requirements of society's development, standards of compliance with human rights, and other external factors. [ABSTRACT FROM AUTHOR]

The article examines special principles of administrative procedure. On the basis of a comprehensive system analysis of the official legislation and regulations of the member states of the European Union (Federal Republic of Germany, Estonia, Switzerland), an analysis of the changes in special principles of administration new procedures and prescribed in official administrative legislation. It is noted that in the administrative-legal science the concepts of the principles of administrative-procedural law have not been formally formed. This is the reason for the emergence of a debate about its shift and replacement, the role of the subordinate subdivision of administrative law. Therefore, there is a pressing need to investigate the concept that is basic to Galatian science of administrative law. The approaches to the classification of special principles of the administrative procedure are reviewed and the classification is based on power. The state's activity is directed towards the process of European integration. This raised the obvious need to bring the legal system up to European standards. This transfers the reform of the law of administrative and administrative-procedural law. It has become more important to reconsider the principles of interaction between public administration and individuals and legal entities, which is reflected in administrative and procedural activities. The following principles are enshrined in the Law of Ukraine "On Administrative Procedure": the rule of law, legality, fairness of participants in the administrative procedure before the law, publicity, efficiency, immediacy and lack of priority found the effectiveness of the management activities of public authorities and local authorities and gave the ability to citizens to exercise their rights and freedoms. At the same time, the presence of special principles of the administrative procedure does not contribute to the effectiveness of the government's government, the security of rights and freedoms. Regardless of any different approaches to classification, it is wise to divide these principles into two groups: organizational and functional (axiological) principles. [ABSTRACT FROM AUTHOR]

Arbitration is one of the important laws prevalent in ancient and modern times because of its effective role in resolving disputes at the local and international levels. Official documentation is considered a legal process, the document can be authenticated by a legal authority or a recognized legal certification. This work aims to study and understand the concept of arbitration, how it is organized, and the considerations of its decisions as official documents. The researchers used the descriptive and analytical approach to the provisions and laws of Jordanian evidence. Researchers have concluded that arbitration decisions are considered official documents if they follow the necessary legal and administrative rules and procedures for documenting them. Accordingly, arbitration decisions are considered official documents and their rulings are implemented as stated in the Jordanian Arbitration Law. Researchers recommend enhancing legal awareness of the importance of arbitration as an effective means of resolving local and international disputes. [ABSTRACT FROM AUTHOR]

This article is devoted to the study of the application of the terms «peace agreement», « аgreement on conciliation «, «conciliation statement» in the procedural legislation of Ukraine. This study was conducted from the point of view of the content of these terms. At the same time, the etymological meaning of each term, its origin and meaning was studied. In addition, the study of the topic was carried out taking into account the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. Thus, in the ECtHR, it is also possible to apply the conciliation procedure through the conclusion of a relevant agreement by the parties to the case. The procedure itself and the document submitted to the court is called «friendly settlement». The use of the same term for the same legal institutions and phenomena is of great importance for legal understanding and law enforcement. In addition, when defining a term, not only the correspondence of the term itself to its meaning is important, but also the emotional coloring. That is why, in the course of the study, it was concluded that the term used in the Civil Procedure Code of Ukraine and the Economic Procedure Code of Ukraine is inappropriate. This is due to the fact that the subject matter of the case in court can only be part of a larger conflict that exists between the parties and will not be exhausted after the court approves the terms of the settlement agreement. And the use of the term «аgreement on conciliation» is considered more appropriate. The prefix «pri-» in the word means approximation, joining, incomplete action or sign. That is, the term «аgreement on conciliation» from the point of view of emotional coloring and meaningful content most corresponds to the tasks of the procedure under study. The application for conciliation, the submission of which is provided for by the Code of Administrative Procedure of Ukraine, also does not correspond to the content of the procedure of conciliation in court through the conclusion of an agreement by the parties to the case. A statement is a type of procedural document in which a party to the proceedings makes a claim or request. In turn, the agreements reached by the parties regarding the subject of the dispute and other procedural issues are recorded in the form of the agreement. [ABSTRACT FROM AUTHOR]

The article analyzes the application of the concepts of ‘procedure’, ‘proceedings’ and ‘process’ in administrative-offense relations with the aim of determining the feasibility of granting courts the authority to consider cases of administrative offenses. The concept of ‘administrative process’ is disclosed in three well-known key aspects, distinguishing its general and specific features. It is determined that the process and proceedings, in a broad sense (as the activity of state bodies in general), are correlated as general and specific. Aspects of the concept of ‘administrative proceedings’ are identified. It is established that proceedings are part of the process, which may be interrupted, change subjects, i.e., the process consists of several proceedings, being their totality. It is proposed to consider proceedings as a certain period of time allocated for the consideration of a specific case. Instead, the procedure is a set of norms and rules regulated by legislation for subjects of any legal order in the understanding of Article 19 of the Constitution of Ukraine and in the context of the new legislation on administrative procedure. The characteristics of administrative procedure are disclosed. It is concluded that the administrative process is universal for any set of proceedings of state bodies, and this concept does not affect further research on the issue of excluding the consideration of cases of administrative offenses from judicial competence. In turn, the introduction by the legislator of the term ‘administrative procedure’ excludes the possibility of equating its rules and norms with judicial proceedings. It is analyzed that judicial procedures are provided for by procedural codes but do not define the specifics of considering cases of administrative offenses. It is determined that the Code of Ukraine on Administrative Offenses does not meet the requirements for modern judicial procedures and is essentially more akin to a regulator of administrative procedure, which constituted the foundation of Soviet heritage. This dissonance is revealed through differences between judicial proceedings in the judicial process and the consideration of cases provided for in the Code of Ukraine on Administrative Offenses, including in decision forms, stages of consideration, etc. It is proposed to designate the consideration of cases of administrative offenses by the court as judicial proceedings and by other bodies as administrative procedure. [ABSTRACT FROM AUTHOR]

The article is devoted to the topic of introducing new approaches to the provision of administrative services in Ukraine based on the approval of new principles of their provision. It is noted that administrative services are the leading means of realizing the rights of citizens in the field of public administration, because the absolute majority of cases decided by public administration bodies are initiated by citizens themselves and concern their subjective rights. The Ukrainian state quite successfully coped with the challenges in the field of administrative services after the beginning of the full-scale invasion of the Russian Federation on February 24, 2022. At the current stage, the format of “state-citizen” and “state-business” relations must be modernized taking into account modern technologies, optimization of procedures and improvement of service quality . Of great importance in he process of providing administrative services is the focus on modern, objective principles of their provision determined by socio-economic and technological development. After all, today a widespread phenomenon is the “digitalization” of the process of providing administrative services, which involves the introduction of electronic document management, the creation of online platforms for receiving services, and the automation of administrative procedures. The Center for Political and Legal Reforms developed the “Strategy for the reform of administrative services and their digitalization”. From the analysis of the document, it follows that the principles of providing administrative services today need a doctrinal update in their interpretation. In particular, the system of principles of administrative services should be supplemented with such things as decentralization of powers, simplification of procedures for the provision of administrative services, formality, integration of basic services in the Central Administrative Service, compensability for the provision of administrative services, unification of the procedure for resolving administrative cases, development of electronic public services, proactivity of public administration in in the field of provision of administrative services, protection of personal data. [ABSTRACT FROM AUTHOR]

Ensuring the proper administrative procedure and transparency in the activities of the guardianship and guardianship authority regarding the granting of permission to commit acts where the child has the right of ownership and use is one of the main directions of observing the property rights and interests of children in a democratic society and should be guaranteed and protected by the state. In connection with the armed aggression of the Russian Federation and in the conditions of military actions against Ukraine, an acute problem arises of the proper protection of the rights and interests of children in relation to the property in which the child has the right of ownership and use, and the proper control of the body of guardianship and care over their execution and compliance by all authorities and local self-government of the procedure for adopting and granting the appropriate permission for the implementation of the provisions of normative legal acts in compliance with the provisions of the new Law of Ukraine “On Administrative Procedure”. In connection with the adoption of the Law of Ukraine “On Administrative Procedure”, which introduces the institution of interested persons, i.e. another person whose right, freedom or legitimate interest is negatively affected or may be affected by an administrative act (Article 27 of the Law), the issue of obtaining consent arises not only parents and legal representatives of the child to obtain the appropriate permission of the body of guardianship and guardianship regarding the execution of transactions with the property owned and/or used by the child, as well as other co-owners of the given property, whose rights and interests may be violated when the relevant administrative act is adopted. In addition, conflicting issues that are not regulated in the current legislation of Ukraine regarding the refusal and/or suspension of the consideration of an administrative case when the guardianship authority grants permission to commit transactions with property owned and/or used by a child are considered. The article examines the advantages and disadvantages of these norms and the conflicting gaps that exist in the administrative procedure for obtaining the permission of the body of guardianship and care for the execution of transactions regarding real property, the ownership of which or the right to use which the child has. [ABSTRACT FROM AUTHOR]

Technological innovations since the turn of the century have created opportunities to increase public participation in notice and comment rulemaking, increase the efficiency of the process, and increase the quality of the rules adopted by agencies. For some rules, online rulemaking and social media have facilitated increased public participation, but have not necessarily facilitated improvements in the quality of public comments. In addition, in some cases, the transformation of the process has created new challenges for government agencies by making it easier for supporters or opponents of rules to flood agencies with duplicative and potentially false comments to which the agencies must respond. Artificial intelligence, including ChatGPT, is the latest tech trend to create opportunities to transform notice and comment rulemaking. If ChatGPT is only used by members of the public and organizations as a tool to draft comments, it may increase the involvement of the public in the process and assist them in drafting clear and intelligible comments. However, it is unlikely to improve the quality of public comments that they provide to agencies, because it will not help them understand the type of information that agencies are seeking in public comments. In addition, if ChatGPT is used to any significant extent in drafting comments, it could create challenges for agencies by flooding agencies with significantly greater numbers of seemingly unique comments, most of which merely express sentiment, values or preferences, and many of which may include false information. There is, however, an alternative path forward for ChatGPT and artificial intelligence in notice and comment rulemaking. If agencies use ChatGPT to create tools that help members of the public understand proposed rules, the rulemaking process and the types of comments that are effective in that process, agencies may enable members of the public to provide them with more useful comments. In addition, agencies may be able to use other artificial intelligence tools to make it easier to organize and analyze the comments they receive and to notify members of the public about proposed rules that might be of interest to them. Embracing these alternative uses of artificial intelligence and ChatGPT could generate some of the gains in public participation that other technological tools have promised, but not delivered. [ABSTRACT FROM AUTHOR]

Objectives The aim of the work is to discuss selected issues related to administrative-legal activities concerning the naming of streets and squares in the practice of functioning of basic units of local government. The paper discusses basic concepts both in terms of statutory provisions, the achievements of doctrine, and case law. Legal foundations for naming streets and squares are discussed, along with the forms of procedures used in this regard. Material and methods The publication was based on the content of legal acts, scientific publications, and theses of administrative judiciary decisions. The predominantly utilized method was legal-comparative analysis. Results As a result of the conducted inquiry, it was determined that the material subject to the study appears heterogeneous, filled with vague concepts. The procedures used by municipalities for naming streets and squares are not uniform and are often organized in various ways. Conclusions The collected results allow us to conclude that there is a need for comprehensive and clear regulation of the issue by the legislator in the future. Leaving this matter with a high degree of organizational and legal freedom, especially with the increasing legal awareness and social assertiveness, will lead to further problems in the future. The proposed changes should mainly involve establishing statutory delegation to the municipal council for naming streets and squares, not only in constitutional provisions but also in substantive law. Additionally, the municipal council should be required by the executive body of the basic unit of local government to adopt principles and procedures for naming streets and squares, taking into account the significant social pluralism in this area.

This study analyzes the role played by the Attorney General's Office - hereinafter PGR - as an institution that is part of the Public Ministry, which dates back to 1939, in the exercise of the defense of the Labor Rights of municipal public servants. who belong to the administrative career of the department of San Salvador. The results reflect that the PGR plays an active and fundamental role in favor of Salvadorans. This institution has provided advice, and legal assistance, promoted administrative processes and procedures in the defense of the rights of Salvadorans. Citizens who need protection and who, for the most part, have limited economic resources. The PGR has provided a comprehensive service, which has served to guarantee the fullness of these rights in compliance with the constitutional obligations established in article 194 Romano II and the Organic Law of the Attorney General's Office of the Republic -hereinafter LOPGR-. The statistics analyzed show that 2021 was the year with the most advice provided by the PGR in the Unit for the Defense of Labor Rights of Public Servants. There was a total of 746 consultations on dismissals in the department of San Salvador. There is a clear increase in legal assistance and processes promoted in the years 2020, 2021 and 2022, however, the PGR completed each process until its final instance. [ABSTRACT FROM AUTHOR]

Judicial institutions have become the standard solution to umpire multilevel polities across much of the European continent. However, such arrangement is not free from complexities. This paper analyses the problems associated with the construction of legitimacy regarding constitutional courts in European multilevel democracies. In these polities, constitutional courts tend to rely on three different forms of legitimacy, which are embedded into their institutional design: democratic, multilevel; and technocratic. However, these forms of legitimacy are in tension, often undermining one another when combined. Furthermore, this tension is exploited by political actors to attack the courts, resulting in reputational costs for these institutions. [ABSTRACT FROM AUTHOR]

As the factual nature of legal inquiry has become increasingly apparent over the past century, courts and commentators have fallen into the habit of labeling the facts behind the law "legislative facts." Loosely, legislative facts are general facts courts rely upon to formulate law or policy, but that definition is as contested as it is vague. Most agree that legislative facts exist in some form or another, but few agree on what that form is, on who should find them, and how. This Article seeks to account for and resolve that confusion. Theories of legislative fact focus on the role facts play in purported lawmaking by the courts--hence the name "legislative." This Article proposes a different approach that situates facts within the adjudicatory process. The facts captured by the label "legislative fact" play two different roles in resolving parties' disputes: sometimes, as facts of law, they provide a premise for the rule of decision the court uses to resolve the dispute, and sometimes they assist the court in relating that rule of decision to the circumstances of the parties. Courts should distinguish between these roles when determining who should find the facts, and how. This approach results in sounder dispute resolution and sounder developments in the law, and it is more administrable than the current, undisciplined approach. [ABSTRACT FROM AUTHOR]

Copyright of Antalya Bilim University Law Review is the property of Antalya International University 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 sector is no exception when it comes to exploring the potential for technological solutions in terms of artificial intelligence (AI). However, there are significant risks associated with the use of AI systems such as inter alia potential bias in the output, the lack of transparency about its use and functionality, as well as the reliability of results created. In view of these risks, the EU AI Act which is about to enter into force and become applicable in steps in the next 6-36 months, considers AI-enabled technologies to assist and support judicial authorities during the decision-rendering process as high-risk AI systems. Against this background and the fact that guaranteeing the independence of the judiciary is the duty of all democracies, this article seeks to determine which (future) uses of technology in the judicial sector will be considered as high-risk AI under the AI Act. Further, the duties and obligations that arise from the classification of a technology as high-risk AI are briefly outlined, before addressing challenges and issues that arise in relation to judicial independence and impartiality when AI systems are used in the process of adjudication. [ABSTRACT FROM AUTHOR]

The introduction of the Digital Markets Act (the 'DMA') marked the beginning of a new regulatory framework for limiting the impact of strong platforms in digital markets. With the aim of ensuring fairness and contestability in digital markets, the new Regulation provided for a detailed administrative process, in the form of market investigations, for determining which of the digital platforms act as gatekeepers in their respective markets, whether the designated gatekeepers comply with their obligations, and to what extent new obligations must be introduced to account for new developments. This article discusses some preliminary issues related to the European Commission's administrative procedure for enforcing the new regulation. Upon summarizing the key elements of the DMA procedure, it focuses on four issues: the relationship between the DMA and competition law and problems regarding their parallel application; the obligation for recording interviews conducted for the purposes of gathering information regarding the subject matter of a market investigation; access to file limitations; and the absence of provisions regarding private enforcement and the possibility for third parties to claim damages. [ABSTRACT FROM AUTHOR]

Taking inequality as a key challenge of our time, this article aims to highlight consumer markets, and their underpinning legal ground rules, as important contributors to inequitable wealth distributions. It illustrates how product design, as manifested in contractual terms, can allow firms to evade competition and divert resources upwards along society's wealth distribution curve. It then highlights the contestable legality of certain pricing practices, such as 'contingent charges', and the challenge they pose to fundamental principles of contract law. An in-depth view of the 2015 case of Beavis v ParkingEye argues that the UK Supreme Court has validated contingent pricing models in a manner unsupported by traditional contractual reasoning and unjustified by contemporary market failure analysis. The article asks contract law to confront the reality that it shapes market distributions in economically and politically significant ways, and appeals for greater scrutiny of the contribution of contract law adjudication to inequality. [ABSTRACT FROM AUTHOR]

To date it is difficult to predict how small businesses will function in the post-war period. Thus, public regulation and support for small businesses in the post-war period becomes an extremely important issue. The article aims to propose the ways to improve public regulation of small businesses development in the context of the Odesa region's territorial communities recovery. The author analyzes the research literature on the topic, makes a SWOT analysis of the Odesa region's small businesses development. The ways for improving public regulation of small businesses development in the form of a model are proposed. The model includes the following components such as creating a small businesses support infrastructure; administrative procedures simplification; financial support; education and training; entrepreneurial ethics and culture development; partnership with local authorities and NGOs; stimulation of innovation and technological development. [ABSTRACT FROM AUTHOR]

Agencies do not always write their own rules. Contractors assist agencies in nearly all tasks relating to rulemaking, including reviewing public comments, conducting specialized research, and writing regulatory text. Despite perceptions that contractors' roles are entirely ministerial, the reality is that contractors fulfill many more functions in the rulemaking process than is commonly understood, including everything right "up to pushing the big red policymaking button," as one agency employee put it. The use of contractors in rulemaking fits within a broader pattern of increased government reliance on service contractors. Scholars have documented a bevy of governance concerns relating to ethics, capacity, and more, stemming from the fact that contractors are in privity with the government, not the public. This scholarship does not take up the implications of service contracting for rulemaking, the primary mode of executive branch lawmaking, nor does it delineate between types of contracting arrangements, which vary dramatically. This Article takes variation in rulemaking contracting arrangements seriously. We define three types: ministerial contractors, who perform administrative work; expertise contractors, who provide discrete scientific and technical inputs; and regulatory body shops, which are embedded into agencies and function like staff. We argue that while the former two arrangements pose minimal risks to an agency, regulatory body shops are a different story. Not only do they open the door to conflicts of interest that are not adequately addressed under current law, they also threaten the quality of agency reasoning and have the potential to hollow out an agency's rulemaking apparatus over the long run. Reliance on regulatory body shops has the potential to put an agency's rules in legal jeopardy by violating the Administrative Procedure Act and diminishing an agency's claim to Chevron deference. These various risks, which pose challenges for the quality of public decision-making, sit in tension with the reality that some agencies lack adequate resources to staff their rulemakings and turn to regulatory body shops as a pragmatic matter. The Article concludes with reforms to help agencies responsibly manage the risks posed by regulatory body shops. [ABSTRACT FROM AUTHOR]

Decree-law 3/2024, of February 6th, aims to simplify and rationalize administration in Andalusia in order to improve citizen relations and promote economic activity in the region. Measures will be implemented to improve regulation, transparency, and reduce administrative burdens. Additionally, the digital transformation of the Administration will be sought to streamline procedures and simplify relations with citizens and businesses. The decree also includes modifications in different sectors, such as the environment, environmental management, hunting and fishing, and ports in Andalusia, with the aim of simplifying administrative procedures and expediting processes. [Extracted from the article]

The restrictive measures framework implemented by the European Union following the Russian invasion of Ukraine includes a number of reporting obligations. Economic operators are obliged to provide certain information regarding restrictive measures to the competent authorities. The reporting obligations are heterogeneous in terms of their subjective and material scope. Failure to comply with the reporting obligations is an infringement that is subject to the administrative sanctioning procedure in Spain. [ABSTRACT FROM AUTHOR]

The Supreme Court of the United States has generally been a very aggressive enforcer of legal limitations on governmental power. In various periods in its history, the Court has gone far beyond enforcing clearly expressed and easily ascertainable constitutional and statutory provisions and has suppressed innovation by the other branches that do not necessarily transgress widely held social norms. Novel assertions of legislative power, novel interpretations of federal statutes, statutes that are in tension with well-established common law rules, and state laws adopted by only a few states are suspect simply because they are novel or rub up against tradition. In periods of governmental innovation and assertions of expanded authority, this aggression becomes evident and perhaps more robust. In recent years, the Court has created new barriers to government innovation even as government is confronted with serious threats to the health and welfare of mankind. Chief among this new set of limitations on the power of federal administrative agencies is an interpretive device that has become known as the Major Questions Doctrine (MQD). This doctrine purports to be based on a traditional view of legislative intent and judicial role, but in reality it resonates more with conservative anti-regulatory political views. Under this new doctrine, the Court rejects agency assertions of regulatory authority when it finds that the agency's action would have major social and economic effects and lacks crystal clear congressional authorization. Ironically, because the MQD has no basis in the Administrative Procedure Act or prior law, the Court has in effect created a major new doctrine of administrative law severely limiting agency authority without clear authorization from Congress. The Court has also suppressed agency innovation by confining Chevron deference to unimportant issues of statutory construction. Chevron, for all of its faults, has the virtue of validating agency policy innovation so long as Congress had not clearly denied agency authority. This reform to Chevron, together with the creation and application of the Major Questions Doctrine, in effect accomplishes the aim of some Justices to impose a more robust nondelegation doctrine, making agency innovation even more difficult. In addition, the Court has worked to prevent innovation in other areas of law, such as agency structure, gun control, and the spending power, preventing the state and federal governments from taking action to deal with pressing social problems. The current Court has truly become an anti-innovation Court. [ABSTRACT FROM AUTHOR]

Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial overreach or creative reinterpretation of the Administrative Procedure Act (APA). This Feature adds to the literature on the historical underpinnings and legal propriety of universal vacatur by mapping the development of universal vacatur from the pre-APA period through the Abbott Labs trilogy. Canvassing the work of courts, Congress, and scholars, this account underscores that universal vacatur is a legitimate part of the remedial scheme of administrative law, grounded in history and sustained by subsequent recognition. After establishing these points, the Feature connects the debate over universal vacatur to another topic of vigorous discussion in contemporary administrative law: the Roberts Court's recent fortification of the major questions doctrine. The case against universal vacatur leverages the intuition that an individual district court judge should not be able to decide issues of vast economic and political significance by vacating a rule universally absent a clear statement in the APA that the judge possesses that authority. That form of argument resembles the mechanics of the new major questions doctrine. As to their consequences, the two also align: both serve to centralize power in the Supreme Court by weakening actors of our government other than the Supreme Court. Though accepting the case against universal vacatur will certainly place curbs on lower court judges, it would also indulge, and thereby strengthen, the perilous proposition that the Supreme Court should intervene to redistribute congressional allocations of power in ways that centralize its own importance and preferences. [ABSTRACT FROM AUTHOR]

This article explores a collection of circa 400 applications for 'begging letters' conserved in the archives of the Privy Council of the Austrian Netherlands from the late 1760s to the early 1780s. Such Lettres de Quête were issued in the name of the Habsburg monarch to subjects who had lost their possessions to fire or other natural disasters, and allowed their bearers to travel around begging. By means of a qualitative reading of the materials, the article uncovers underlying administrative procedures while throwing light on the social selectivity, practices and gains associated with this little-known phenomenon. By demonstrating that such 'begging letters' were customary policy practice, as they probably were in neighbouring countries, it signals their importance as an early modern mode of disaster relief and highlights their ambiguous role as a policy paradox in the context of increasing criminalisation of begging and vagrancy. [ABSTRACT FROM AUTHOR]

Copyright of Angle Health Law Review is the property of Angle Publishing Co., Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Digital service platforms provided by academic support departments in Macao assist academic staff and students in various areas such as registry, student affairs, academic activities, and research. As the number of undergraduate students increases and new departments are established, academic staff often face the challenge of dealing with paperwork that contains similar content but different formats. This situation results in redundancies and a waste of time. This paper presents our endeavors to simplify administrative procedures in higher education by automating restructured documentation and developing secondary file systems. The paper presents two case studies: Scenario One focuses on streamlining the publication system for academic staff who submit papers in different formats. At the same time, Scenario Two aims to simplify the daily paperwork process for academic staff. Both cases involve transforming the distribution of administrative documents, transitioning from a standardized form with guidelines to a customized form with concise tips. This approach allows academic staff to handle only the necessary information, which may not be available in the database or requires verification. The case studies serve to demonstrate the effectiveness of this administrative simplification. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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 study advances understanding of the relationship between government support and private donations, by further investigating the mechanisms underlying that relationship and by examining a nonmonetary form of government support, namely, shared services. We use a survey experimental design to highlight U.S. donors' perceptions of government-supported nonprofits. The results suggest that donors are less willing to give to government-funded nonprofits. This is not only because donors see government funding as a substitute for their donations but also because donors perceive government-funded nonprofits as cost-inefficient. The results also suggest that donors' relative reluctance to donate to government-funded nonprofits is not because donors perceive government-funded nonprofits as less impactful and that donors' decisions about giving do not vary according to the forms of government support nonprofits receive. Overall, our findings stress the importance of governments simplifying administrative procedures for nonprofits to apply for and manage government funding. [ABSTRACT FROM AUTHOR]

The article outlines the issues that will determine the future of the major questions doctrine (MQD), one of the most controversial doctrines in the administrative law canon. Topics discussed include the best attribute of MQD, MQD's triggers and ontologies, and the pending domain issues including guidance documents, enforcement actions, and agency adjudications.

This Article reviews the history of CWA Section 401 and finds that it supports affording EPA’s newest interpretive rule Chevron deference. The CWA Section 401 Water Quality Certification Improvement Rule serves as an important case study of the doctrine which faces mounting criticisms and two cases challenging its legality in the Supreme Court at the time of this publication. Although its application delegates lawmaking authority to unelected officials who change policies with the tides of each election, this delegation has been necessary in many areas of the law due to Congress’s failure to act in recent years. Instead of simply surrendering the interpretation of ambiguous statutes to the judiciary, CWA Section 401 exemplifies the determination of deference owed to an agency’s interpretation through a close analysis of Congress’s intent, the agency’s previous actions, and the statutory language itself. Without addressing the merits of challenges to Chevron deference or predicting their outcomes, this Article reviews the legislative, rulemaking, and judicial history of CWA Section 401 and concludes that its history supports deference to the new rule when it is challenged in court. [ABSTRACT FROM AUTHOR]

Informal, 'notice-and-comment', rulemaking is the prototypical mechanism employed by US regulators. However, agencies frequently claim their actions exempt from the process, and courts typically agree. Agencies thus face an important strategic choice between informal rulemaking and avoidance. To study this choice, we analyze a model of rulemaking with exemption and empirically analyze agency avoidance. Our model implies that more biased agencies engage in less avoidance, as they face more skepticism from the courts and, thus, require support from group comments to have their rules upheld. Empirically, we find support for this prediction. As for policy implications, we show it is more beneficial to allow exemptions when the agency is more biased. [ABSTRACT FROM AUTHOR]