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In the article, on the basis of a systematic analysis of international standards, norms of the current legislation of Ukraine, and modem doctrinal sources, certain principles of the functioning of the High Council of Justice are investigated. It is noted that the absence of a direct and clear norm or indication of one or another principle of functioning of the High Council of Justice in the Constitution of Ukraine and the Law of Ukraine «On the High Council of Justice» does not deny its existence, as it may be indirectly established in the content of other provisions of the law. Thus, in the author's opinion, in the system of principles of functioning of the High Council of Justice, such universal principles are of primary importance, the influence of which extends both to the organizational component and to all areas of its activity without exception. These include: independence and autonomy, legitimacy, transparency, accountability. Independence and autonomy as a principle follows from the legally defined status and purpose of the High Council of Justice - ensuring the independence of the judiciary. Accordingly, this body itself must be independent and autonomous in the sense of the absence of control, interference, pressure and any influence both from representatives of other segments of state power (executive and legislative), and directly from representatives of the judiciary, as well as civil society. The expediency of using the very phrase «independence and autonomy» is substantiated, the latter demonstrates the subject's ability to independently regulate its activities, to resolve issues related to it without any agreement with others. Independence is an «outer shell» that characterizes the state of the subject's external communications, its existence in a certain system of relationships and interaction with other subjects, and the possibility of influence. Legitimacy as a principle of functioning of the High Council of Justice covers two sections: constitutional consolidation of key provisions of its legal status and public trust in its actions and decisions. It is argued that public trust in the court and the system of judicial protection of the rights and freedoms of individuals in the state depends on how well and effectively the High Council of Justice performs its functions, with a special emphasis on personnel and disciplinary functions, and how much society trusts its decisions in these matters. The legitimacy of the High Council of Justice, on the one hand, is a component of the legitimacy of the judiciary, and on the other, it is an additional source. The legitimacy of the High Council of Justice depends on the implementation of other principles - transparency and accountability of the High Council of Justice. Transparency implies openness, transparency, publicity of the High Council of Justice, its decisions, procedures and activities. It requires active communication of the High Council of Justice with various subjects, demonstration of the results of its activities, publication of a wide range of information that is the product of such activities. Accountability of the High Council of Justice is a principle that ensures its systemic interrelationships and serves as a safeguard against arbitrariness and usurpation of power vested in this body, given the concentration of a wide range of powers in it. It is noted that, according to international standards, there are three ways in which the accountability of the High Council of Justice is implemented, which determines the existence of its three types: judicial, punitive and explanatory accountability. [ABSTRACT FROM AUTHOR]

The article examines the introduction of martial law in Ukraine, which significantly changed the situation, in particular, in the system of forced execution of court orders, decisions, resolutions, etc. It has been analyzed that enforcement of executive letters, orders, court decisions and resolutions, notary inscriptions is carried out by bodies of the State Executive Service of Ukraine and private executors. It is noted that during the period of martial law, two main legislative acts were adopted, which changed the procedure for introducing executive proceedings. For example, the Law of Ukraine «On Amendments to Chapter XIII «Final and Transitional Provisions» of the Law of Ukraine «On Enforcement Proceedings» dated March 15, 2022 No. 2129-IX and the Law of Ukraine «On Amendments to Certain Laws of Ukraine Regarding Enforcement Activities court decisions, decisions of other bodies and officials during the period of martial law» dated 04/11/2023. It was found that the system of enforcement of court decisions of state bodies, legal entities, and individuals is important for ensuring the implementation of state functions related to the restoration and protection of violated rights. Also, the fact that there are many problematic situations that need to be resolved, for example: technical problems and shortcomings of the system or registers, a more favorable position of debtors than collectors, narrowing of the actions of public and private executors and their remuneration. The enforcement institution underwent changes, but they were temporary and helped to keep our country afloat during martial law. During the period of martial law, court decisions, orders, decrees, orders and resolutions must be implemented and their implementation must be ensured by public and private executors. For the high-quality and effective exercise of their powers, persons and bodies that carry out the enforcement of decisions have administrative powers, in turn, they provide for the possibility of subordinating certain subjects and comply with mandatory prescriptions or orders. [ABSTRACT FROM AUTHOR]

The crime of genocide by "imposing measures intended to prevent births within the group" has been recognized in international law since 1948, but is yet to be charged in any international court. An examination of this act of genocide is therefore long overdue. To that end, this article provides a detailed legal analysis of the crime and considers the implications for ongoing proceedings concerning Myanmar's treatment of the Rohingya in the International Court of Justice, Argentine court system, and International Criminal Court. I conclude that genocide by "imposing measures intended to prevent births" is a wide-ranging crime that can encompass sexual mutilation, forced sterilization, forced abortion, forced miscarriage, forced contraception, discriminatory laws and policies, forced impregnation, separation of males and females, sexual violence, forced religious conversions, and certain killings. This legal analysis sheds light on aspects of the Myanmar situation that might otherwise go overlooked, and could assist in future genocide proceedings in international and national courts. [ABSTRACT FROM AUTHOR]

The Qing inherited the Ming dynasty's bureaucratic court system. Though recent studies show that the Qing used other ruling traditions and methods in governing frontier and non-Chinese areas, negotiations and deliberations between inner and outer courts are still the classic model for understanding Qing emperors' practices of power in Beijing. Upon analysis of Qing's receptions of the papal legations, this article reveals that Qing emperors intentionally bypassed the bureaucratic system by using a private power network to practice their power in traditional Chinese areas. Qing rulers' practices of private power have long been neglected because of the lack of official Qing chronicles and histories covering this part of Qing rulership. Benefited from Jesuits' records, this article reconstructs the basic operation mechanism of Qing rulers' private networks, and argues that their private networks were not an add-on or attachment but a structure parallel to the bureaucratic system. This parallel power structure utilized but not well documented in official Qing writings, is in fact an important character of Qing rulership differentiating the Qing from the Ming. [ABSTRACT FROM AUTHOR]

Restorative justice for children in legal disputes involves crime reparation. The law requires parties to cooperate to achieve justice. Police always start diversion investigations. The police decide the diversion's success as the Criminal Court System's gatekeeper. The diversion can be used throughout the criminal investigation. Diversion success impacts investigation time and cost. To manage diversion, Indonesian Police investigators must consider this. This research examines children's lawsuit diversion during the investigation. Lawmakers' legally binding products (laws in books) and investigators' diversion verdicts are also covered in this research. The normative/doctrinal approach is used. Supporting data is primary and secondary. Interviews, documentaries, and literature reviews gather primary data. This study uses interactive qualitative analysis. In the investigation stage, "diversion" refers to the compliance with normative regulations and the consent of the perpetrators' or victims' families to avoid legal proceedings. This agreement serves as evidence that it is the most significant law. Opponents of the diversion desire a deterrent; they are concerned that perpetrators will commit crimes and believe that the court system fails victims. [ABSTRACT FROM AUTHOR]

Copyright of Arts Magazine is the property of Thamar 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 study examines the practice of using the Bible to swear in the law court. It exposes biblical texts that speak about swearing of oath and taking vows. Since this is an ongoing debate, the paper raises scholarly opinions that support and speak against the practices by examining their theological basis for doing so. The goal of this research is to highlight the consequences associated with swearing with a sacred book considered the words of a just God. The research is a literary one. It uses textual analyses of selected biblical passages and critiques various theological positions on the subject by some selected denominations and theologians to propose a review of the practice. Specific attention will be given to key but controversial biblical passages in Gen. 24: 2-3, Matthew 5:34-37 and James 5:12 on oath- taking that has generated varied responses. The study establishes that for the Bible to be used in court the lawmakers should establish their position on certain biblical laws on crime and their implications by working hand in hand with God-fearing theologians. Once such statements of faith are added to the laws or constitution it will authenticate the need to use the bible to swear. The researcher has observed that since the judgment of court cases do not impinge on the content of the Bible, the practice is not helpful in adjudication. It rather ends up profaning the name of God in case witnesses lie in court. One would therefore propose that those who are occupying office for the first time could swear with the Bible as a way of asking God to help them discharge their functions well. [ABSTRACT FROM AUTHOR]

Treatment courts are an alternative to incarceration that focus on the rehabilitation of defendants suffering from substance addiction by utilizing the concept of therapeutic jurisprudence. Treatment courts have been studied extensively and were found to reduce recidivism and produce net costsavings when compared to traditional incarceration. Iowa’s treatment court system has developed through the grassroots efforts of individual judges and their teams utilizing federal grant money. However, the state has failed to provide adequate funding to allow treatment courts to evolve and come into compliance with evidence-based best practice standards. This Note argues that Iowa must adopt treatment court legislation that encourages the proliferation of treatment courts, creates a judicial branch committee to ensure that treatment courts are compliant with best practice standards, and funds treatment courts directly through the Judicial Branch, rather than through each district’s department of corrections. Funding for such a bill could be sourced from the $174 million settlement that will be paid to the state by opioid producers and distributors. [ABSTRACT FROM AUTHOR]

Court dwarfs were a feature of aristocratic entourages across Europe from the Medieval period until the eighteenth century and their presence is recorded in both contemporary artworks and written sources. Traditionally, it has been assumed that these courtly attendants functioned solely as jester‐buffoons who were exploited and humiliated by their patrons, but is this assumption accurate? By recovering the forgotten histories of this significant group of court staff, new perspectives emerge on the lives of court dwarfs and the various roles they undertook, beyond their conventional role as jesters. This article examines the case of Pietro Barbino, a dwarf attendant at the Medici court in sixteenth‐century Florence, who was the subject of a portrait by the court sculptor Valerio Cioli. Information from archival sources about Barbino's life, both inside and outside the court, corresponds with Giorgio Vasari's description of him as ‘a gifted dwarf, well‐lettered, a very gentle spirit and a favourite of our Duke’ (Lives of the Artists, 1568). Barbino's story suggests that, at least in some instances, dwarf attendants were involved with more erudite aspects of courtly entertainment and were able to achieve a measure of personal autonomy within the complex hierarchy of the court system. [ABSTRACT FROM AUTHOR]

Objective: The aim of the study was to introduce the development of forensic pathology for social-oriented forensic-identification institutions, using the Academy of Forensic Science as an example. Methods: Cases were collected from the Forensic Pathology Section of the Academy of Forensic Science and classified and organized according to gender, source, type, manner of death, and virtual autopsies of the cases over the years. Descriptive statistical analyses were performed using SPSS and Excel tables so as to summarize forensic pathology for social-oriented services. Results: A total of 12,161 cases were collected from the forensic pathology department; the most cases were from the People's Public Security sources, and the fewest cases were from the Department of Health; the most cases were commissioned for the examination of cadaver surface in forensic medicine (8323 cases), and the fewest were for injury examination (72 cases) and diatom examination (78 cases); there were a total of 322 cases of virtual autopsy examination during the 11-year period, of which 33 cases were performed for target-organ arteriography; the highest number of cases for accidental death examinations (8122 cases). Conclusion: The Academy of Forensic Science and other social-service-oriented identification organizations undertake identification work on cases commissioned to them by the local and local people's public security, people's procuratorates, and people's court systems. Virtual autopsy technology and other new technologies, new methods, and new standards to make up for the shortcomings of the traditional autopsy, to provide identification and research support, and subsequent prospective research to provide a database. [ABSTRACT FROM AUTHOR]

The article discusses the challenges and opportunities posed by generative artificial intelligence (AI) in the legal sector, emphasizing the rapid pace of technological change and the difficulties in adapting court systems to keep up. Topics include the role of AI in democratizing the law, the need for flexible IT procurement processes, and the potential of robotics and generative AI in improving court efficiency.

Professor Clare Huntington's scholarship advances a theoretical "Reparative Model" of family law that seeks to deemphasize adversarial decision-making and decrease litigation. Building off that scholarship, this Article considers the family law attorney's role and argues that the current Model Rules of Professional Conduct already support--and should be understood to require--a "reparative" advisory role for the family law attorney. Put simply, the harsh realities of the adversarial court system demand that family law attorneys presumptively provide information on litigation's harmful impacts on families and children and encourage the possibility of pursuing goals via means less detrimental than litigation. To encourage a reparative practice norm-shift, comments to the Model Rules of Professional Conduct should include language addressing family law attorneys' contextualized role. Although far from a panacea for the family court system's shortcomings, a presumptive reparative advisory role, if widely adopted, would curb much of family law attorneys' gratuitous contributions to the harmful dynamics facing clients and families in the court system, thereby protecting society and the legal profession, and fostering the possibility of a more satisfying legal practice for family law attorneys. [ABSTRACT FROM AUTHOR]

Collaboration between the child welfare and court systems is critical. Using qualitative data, experiences of stakeholders were examined to identify areas where growth is needed. Stakeholders included: Local Department of Social Services (LDSS) child welfare workers (n = 28); LDSS supervisors (n = 32); LDSS directors and assistant directors (n = 13); judges and magistrates (n = 11); and attorneys (n = 16). Three main themes were identified: barriers to meeting mandated timeframes, a dependence on court orders, and the need for training and consultations. Findings suggest previously recommended improvement efforts have not been implemented successfully. Important implications for practice, specifically as it relates to achieving permanency, are provided. [ABSTRACT FROM AUTHOR]

Indigenous knowledge is the local knowledge that is unique to a given culture or society. It is the basis for local decision-making in agriculture, medicine, food education, environmental management, craft skills, linguistics and conflict management. The study explored mengehacha , an indigenous system of conflict resolution among the Gumuz people in northwest Ethiopia, which aims to restore peace and harmony within the community when conflicts result from natural resource competition, exchange marriage, clan-based conflict and theft. Data was collected through semi-structured interviews, focus group discussions, non-participatory observation and document analysis, and analysed qualitatively. The indigenous mechanisms of conflict resolution were found to be relatively participatory and supplementary to the state justice system. It is recommended that indigenous systems of conflict management be supported and given equal treatment with the modern court system and that exchange marriage be curbed, since it is becoming a trigger for conflict eruption among the Gumuz. [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]

In this paper, we introduce an optimization model to quantify the trade-off between resource capacity utilization and disposition time for the caseload of courts of justice. The optimization model takes into account the impact of an increase in demand that may arise when disposition time is reduced. We employ the model to measure the impact of various policy reform scenarios on the length of trials, both at the court and system level. We do so by taking into account the potential reallocation of resources, using the population of Italian courts of justice over the 2005–2012 period. Our results show that if all policy scenarios we discuss were to be implemented, the average length of trials for civil cases would be more than halved, from the current 15.5 months to about 7 months. Implementing best practices, the single most effective policy would be equivalent to a 25% increase in the number of judges (which would otherwise cost around 100 million euros per year). [ABSTRACT FROM AUTHOR]

This article reviews the development of emergency arbitrator proceedings (EA) internationally in institutional arbitration rules and in national laws since the ICDR Rules first offered EA in arbitration in 2006, including the forms of urgent interim relief available in EA pending the constitution of an arbitratlon tribunal. Among other topics, it reviews why parties choose EA, the interaction of EA with national court systems, provides a comparison between EA and national courts' proceedings including as to cost, the types of interim measures available, coercive powers to require compliance, their respective scope as to third parties, whether ex parte applications are permissible, the enforceability of interim relief orders, the nature of the order or award and whether a binding decision is made in EA, and the approach of jurisdictions to enforcement of orders made in EA. The article provides statistics as the uptake and use of EA proceedings from 2020 to 2023 in ICC, SIAC, HKIAC, SCC and LCIA arbitrations and reviews the different approaches to the substantive standards for granting relief in EA proceedings. It discusses EA relief and performance bonds. Finally, it reviews the considerations relevant to the future development of EA. [ABSTRACT FROM AUTHOR]

State, city, and local laws impose fines as punishment for everything from traffic and municipal code violations to felonies, and charge people extra fees as a means of financing law enforcement, the court system, and other government operations. Typically imposed without regard to a person's ability to pay, the fines and fees for even a single incident can add up to thousands of dollars. People unable topaythesums mayface steep penalties and suffer a wide range of harms, including additional fees, civil judgments, driver's license suspensions, revocation of voting rights, and even incarceration. Constitutional and public policy imperatives support the judiciary conducting meaningful determinations of ability to pay before imposingfines and fees. This paper examines those imperatives and interrogates a set of selected policies - innovative laws and practices already in place across the country - that have been adopted to increase access to justice by reducing the harms caused by unaffordable fines and fees. Building on the research of the National Center for Access to Justice's Fines and Fees Justice Index, the paper explores state laws and practices: (i) authorizing judges to waive or modify fines and fees; (ii) requiring judges to conduct ability to pay determinations at critical times, including when courts impose fines and fees, or when a person requests a re-hearing, fails to pay, or has completed a period of incarceration; (iii) creating procedural protections during ability to pay hearings; (iv) establishing an indigence standard for determining whenjudges should waivejines andfees; 6,) setting guidelines on how courts should determine ability to pay; (vi) creating tools that help judges to asses ability to pay and advocates to argue for reduced fines and fees; (vii) providing alternatives to paying fines and fees, including through community service broadly defined; and (vili) allowing for payment plans. In analyzing procedural and substantive laws governing determinations of ability to pay, the paper offers hope of reshaping the fines and fees policy environment in ways that can increase access to justice and improve the quality of people's lives. [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]

Introduction: Shifting sociopolitical landscapes may create doubts, questions, or concerns for individuals, especially those who hold a disenfranchised identity or are in marginalized relationships (Meyer in Psychology of Sexualities Review 7:81–90, 2016). As a result of political and societal opposition following the Supreme Court Obergefell v. Hodges (2015) decision, for example, legal and social uncertainties may lead to distress for same-sex couples. Methods: Guided by the Contextual Relational Uncertainty (CRU) model (Monk & Ogolsky in Journal of Family Theory & Review, 11(2):243–261, 2019), we test the association between sociopolitical uncertainties (i.e., uncertainty about legal recognition, social acceptance, and norms or scripts) and relational uncertainty (i.e., self, partner, and relationship uncertainty) among people in same-sex (n = 180) and different-sex (n = 180) relationships 1 year after the Obergefell ruling. Results: We found that most sources of sociopolitical uncertainty were positively associated with the sources of relational uncertainty. Using thematic analysis, we also analyzed responses to open-ended questions about concerns and experiences related to the Obergefell v. Hodges decision. We identified primary themes including increased (a) social certainty and (b) relational security, but also increased uncertainty related to (c) the breadth and permanence of legal recognition, (d) family norms and roles, and (e) potential backlash. Conclusions: Overall, these findings provide more evidence of the positive and negative consequences of precarious societal transitions on the lives of individuals, particularly people in marginalized relationships. Policy Implications: Policymakers and court system officials should be conscious of the full import of legislation. Even when producing legislation that is perceived to benefit a population, policies and educational resources should be considered that further support these communities across the transition. [ABSTRACT FROM AUTHOR]

The scientific article examines the peculiarities of the organization and conduct of judicial control of the preliminary investigation in European countries. It was determined that judicial control in historical retrospect dates back to the Middle Ages, so it has a long practical experience of application. It has been established that in the national legal systems of European countries, judicial control is organized differently, therefore the scientific literature confirms the existence of two types of models of judicial control depending on the purpose of judicial control in a criminal process. The first type of models is characterized by the presence of investigative functions and powers in the field of investigative actions for the representatives of the judiciary, who are authorized to exercise judicial control over the pre-trial investigation. The second type of models of judicial control in European countries is organized in such a way that representatives of the judiciary in pre-trial investigation are empowered with powers that are limited to resolving issues related to monitoring the observance of the rights and freedoms of the participants in the pre-trial investigation, without decisive influence on the course of the pre-trial investigation. The peculiarities of the specialization of entities that perform the functions of judicial control were analyzed and it was determined that they are divided into judicial bodies that are not separated from general courts (they lack specialization); judicial bodies in which there are separate positions of investigative judges in general courts; specialized judicial bodies. The advantages and disadvantages of the models of the first and second type of organization of judicial control over pre-trial investigation in European countries are established. The advantages of the first-type models are the cost-effectiveness of the organization of judicial control, the secondtype models are characterized by a higher degree of quality protection of the rights and freedoms of a person in pre-trial investigation due to the exclusive specialization of representatives of the judiciary. It was determined that the peculiarities of legal regulation of judicial control over pre-trial investigation in Ukraine allow us to conclude that it belongs to the second type of models. Depending on the degree of specialization, the Ukrainian model of judicial control provides for the position of an investigative judge in the system of courts of general jurisdiction. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of this scoping review was to synthesise the literature to identify what the psychological impacts of family court processes were on mothers who had experienced DFV. Twenty-five articles met inclusion criteria with four themes capturing the findings: Perpetrators using the system as a mode of coercive control; Secondary victimisation as a result of interacting with the system; Required to relive their abuse; and, Long-term psychological consequences of having engaged with the system. Key findings were that perpetrators manipulated the system to perpetrate further abuse and continue/reassert their control. Secondary re-victimisation was common, with poor knowledge of DFV and limited understanding of coercive control tactics and how these were employed by perpetrators by legal professionals identified as contributing factors. This review suggests that mothers who engage with the family court system experience a range of short- and long-term psychological impacts and court processes facilitate ongoing abuse by the perpetrator. [ABSTRACT FROM AUTHOR]

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

This paper explores the reception, perception, and implementation of cultural expertise within the court systems of Sweden, Denmark, and Finland. It uses both quantitative and qualitative data collected from 2018 to 2022 for the EURO-EXPERT project and is available on the CULTEXP database. Furthermore, this paper examines the potential of cultural expertise to enhance access to justice, promote fair proceedings, and foster inclusivity and diversity in judicial decision-making. It argues that while the full extent of the benefits of cultural expertise remains undiscovered and requires further examination, a more comprehensive understanding of this can be gained by exploring it in the context of Nordic Legal Pluralism. [ABSTRACT FROM AUTHOR]

Throughout history, different methods and instrumental designs have been used to identify and obtain the truth. Some of the methods described in this work are based on myths that have remained over time, but due to this legacy are unlikely to be applied, such as the Osiris judgment. In this study, we analyzed the characteristics of these methods, such as the period in which they were used, their scientific validation, and their passive or active approach according to the literature. Some approaches have established the theoretical foundations for the development of more precise technologies that are currently used, such as the Bisha Bedouin Court System (ordeal by fire), which is based on arousal theory (response). This work also includes innovative applications such as the use of interview techniques to detect deception, which stands out for their wide spectrum of use in different contexts. Finally, we mention elements of investigative interview models and highlight the benefits of using verbal approaches to detect deception. [ABSTRACT FROM AUTHOR]

In contrast to the rising technological applications of China's satellite systems, their applications and impacts in modern Chinese Society, particularly in the legal and administrative forums, have largely escaped under the radar. Specifically, the use of satellite outputs can now be found within a number of administrative and legal activities within China - including policy and rule-making, administrative investigations, and the production of court evidence. At the same time however, outdated legal practices, ambiguous status, and lack of guidance has prevented China's legal system from fully capitalizing on the advantages of satellite technologies. Therefore, to fill these legislative gaps, this review provides a comprehensive overview on the applications of satellite technologies within China's legal system, and provide important insights as to their current developments, legal framework, and legal issues. Additionally, having identified the aforementioned issues, this paper offers policy recommendations for the purposes of legislation. • Satellite applications in China's policy and rule-making processes. • Investigatory applications of satellite technologies within China's administrative organs. • Emerging evidentiary applications of satellite technologies in Chinese court systems. [ABSTRACT FROM AUTHOR]

In 1785, Joseph II set out to introduce „a new judicial order" (Novus ordo iudiciarius) in the Kingdom of Hungary and its neighbouring lands (Regnum Hungariae partes et eiusdem adnexas), as well as the Grand Principality of Transylvania (Magnus Principatus Transilvaniae). As a result of the Emperor's comprehensive and rapid judicial reform, which went against the historical constitution of the country and was therefore opposed by Hungarian and Transylvanian estates, new subordinate or subaltern (first-instance) courts (iudicia subalterna) were established in Hungary and Transylvania. On 1 September 1787, 38 courts in the Kingdom of Hungary and its neighbouring lands and 11 courts in the Grand Principality of Transylvania officially had to start their operation. The new judicial bodies took over the place of the former country courts (sedes iudiciariae i. e., sedriae), which were terminated on 31 August 1787. Although the iudicia subalterna were „short-lived" because the entire judicial system known as Novus ordo or Justitia Josephina collapsed in 1790, shortly after the death of Joseph II, the more in-depth examination of the josefinist first-instance courts is still considered a research field that has not been fully explored yet. However, the new judicial reform removed the sedriae, in fact, the distinction between iudicia subalterna and sedriae was not as sharp as it appeared, at first glance, from the rules related to the new first-instance courts. By analyzing archival sources of some iudicia subalterna and relevant secondary literature, the paper aims to shed light on the dual nature of these courts. The research uses the term „two-faced" to describe how the dividing line between iudicia subalterna and sedriae, royal court and municipal court, politica and iuridica could become blurred in Novus ordo. To illustrate this phenomenon, the paper primarily relies on the general concepts applied in studies that focus on the history of the court system and it uses the various names of the iudicia subalterna as a guideline. [ABSTRACT FROM AUTHOR]

Australian authority holds that there is a critical distinction between superior and inferior courts when it comes to the legal force of judicial orders affected by jurisdictional error. It is said that such orders, when made by a superior court, have legal force unless and until set aside but that, when made by an inferior court, they lack legal force from the outset. This distinction -- recently consigned to pre-1846 history by the United Kingdom Supreme Court -- does not align with the contemporary reality of the integrated system of courts established under Ch III of the Australian Constitution. The appeals in Commonwealth v Stradford, Judge Vasta v Stradford and Queensland v Stradford present an opportunity for the High Court of Australia to set a new approach that reflects the constitutional context for Ch III court operation. Specifically, the appeals may be upheld on the basis that any purported order made by a Ch III court acting as a repository of judicial power has legal force unless and until set aside. [ABSTRACT FROM AUTHOR]

Child safety is an ambiguous and transient construct within the child welfare court system. It being not statutorily defined yet is at the crux of the child welfare system. In this article, the measurement of child safety in the child welfare system is explored with a focus on how it has been measured within the context of the courts. Gaps in the current measurement structure are identified, focusing on how measurement might support a better understanding of a safety decision‐making framework and its application into practice. The article also introduces the Capacity Building Center for Courts' Judicial, Court, and Attorney Measures of Performance as a new approach to a standardized performance metric of safety practices within the child welfare court system. Limitation of these measures is discussed along with recommendations for moving the field forward toward measuring safety decision‐making. [ABSTRACT FROM AUTHOR]

Upholding the fundamental rights of families during child welfare court cases is critical to ensuring equal access to justice. This article review research related to the due process measures in the Judicial, Court, and Attorney Measures of Performance (JCAMP). Studies of due process practices early in the case to avoid unnecessary involvement of families are presented. These represent divergent opinions on the role of the judge and arguments for the early appointment of parent attorneys. Future research is critical to understand practices which promote fairness and address the over‐representation of families of color in the child welfare system. [ABSTRACT FROM AUTHOR]

Executive Summary: This paper examines the staffing needs of the US Department of Justice's Executive Office for Immigration Review (EOIR), as it seeks to eliminate an immigration court backlog, which approached 2.5 million pending cases at the end of fiscal year (FY) 2023. A previous study by the Center for Migration Studies of New York (CMS) attributed the backlog to systemic, long-neglected problems in the broader US immigration system. This paper provides updated estimates of the number of immigration judges (IJs) and "judge teams" (IJ teams) needed to eliminate the backlog over ten and five years based on different case receipt and completion scenarios. It also introduces a data tool that will permit policymakers, administrators and researchers to make their own estimates of IJ team hiring needs based on changing case receipt and completion data. Finally, the paper outlines the pressing need for reform of the US immigration system, including a well-resourced, robust, and independent court system, particularly in light of record "encounters" of migrants at US borders in FY 2022 and 2023. [ABSTRACT FROM AUTHOR]

This article examines contract negotiations in ancient China and then addresses how they have changed in modern China. First, the broad societal contexts of these two eras are examined and compared, as well as their legal systems. This is followed by a discussion of the court system and how middlemen can be leveraged as a "golden bridge" in forming agreements. The analysis contends that despite a comprehensive legal system, the best approach to negotiate with Chinese counterparts nowadays is to leverage its tradition of using middlemen to insert personal relationships that connect private agreements to public adherence. The role of the middlemen has neglected benefits that warrant reconceptualization as Chinese negotiation practices seep into modern international systems. [ABSTRACT FROM AUTHOR]

How does racial diversity impact institutional outcomes and (in)equality? Discussions about diversity usually focus on how individuals' identities shape their behavior, but diversity is a group-level characteristic. Scholars must, therefore, consider the relationship between group composition and the individual decisions that shape institutional outcomes. Using felony data from a large U.S. court system, I explore the relationship between racial diversity among the judges comprising a court and individual judges' decisions. I find that as the percent of Black judges in a courthouse increases white judges are less likely to render incarceration sentences in cases with Black defendants. Increases in racial diversity decrease the Black–white gap in the probability of incarceration by up to 7 percentage points. However, I find no relationship between judge's racial identities and disparities in their decisions. This study highlights the importance of conceptualizing diversity as a group characteristic and the relationship between institutional context and outcomes. [ABSTRACT FROM AUTHOR]

The article explores the immigration crisis at the Mexico-U.S. border and its potential impact on the 2024 presidential election. It highlights the significant increase in asylum seekers crossing the border, with over 300,000 people arriving in December 2023 alone. The broken asylum system, lengthy court processes, and busing of migrants to cities and states contribute to the crisis. The text suggests potential changes that the Biden administration could make to address the issue, including limiting admissions, screening asylum seekers at the border, and federal government involvement in initial placement. The article also discusses the Biden administration's broader immigration policies, which aim to restore pre-Trump levels of legal immigration and prioritize the well-being of unauthorized individuals. [Extracted from the article]

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]

Many countries invest in the modernization of court systems and use information and communication technologies to enhance their functioning, quantitatively and qualitatively. This paper presents an evaluation of the quality of the services offered by the Greek Judicial authorities based on the perceptions of 2 target groups: lawyers and court employees. The quality was examined in terms of the existence of up-to-date equipment and ICT applications, the Courts' ability to perform the promised service dependably and accurately, the Court employees' knowledge and willingness to help customers and provide prompt services as well as their ability to convey trust and confidence to customers. The results were presented and analysed with the use of various statistical tools. The main findings revealed the level of Courts' service quality and the degree of Court's digitalization in Greece, but they can also provide evidence on the prioritization of future service improvement activities which could be used to inform attempts of improvements and innovations in other countries too. [ABSTRACT FROM AUTHOR]

This article analyzes institutions as sites for political and social change by looking beyond regimentation and fixedness as the central discursive features of institutionalization. Drawing on research at the European Court of Human Rights—one of the world's most extensive human rights courts—I analyze how human rights actors redeploy normative institutional logics through creative approaches to institutional categories. I argue that lawyers and advocates working within the Court and Convention system naturalize and fix boundaries of law and politics and use that distinction to activate an excess of potential meanings and intertextual connections in legal judgments. This involves using institutional affordances to keep cases open and structure collaborative waiting. These strategies allow people to mutually inhabit open‐ended relationships to texts in intentional ways. In so doing, lawyers and activists defer resolving legal judgments—until new coalitions take political power, there are generational shifts in attitudes or shifts in geopolitical power arrangements that render state actors subject to diplomatic pressure. Analyzing how people improvise, learn, and teach others to manage institutional channels and excess opens up the black box of institutionality as a site for social transformation. [ABSTRACT FROM AUTHOR]

The subsidiarity principle divides competences between the European Union and its Member States. The Lisbon Treaty suggests a connection between ex ante and ex post subsidiarity review. Ex ante, national parliaments were given a role via the early warning system (EWS). Ex post, legislation is subject to review by the Court of Justice of the European Union (CJEU). More than 10 years after Lisbon, this article is the first to theorize and evaluate whether there is indeed a connection. Our theory predicts a conditional connection. Quantitatively, we provide a two‐way classification of Member States based on their use of the EWS and CJEU subsidiarity cases. Qualitatively, we look back from court cases to the Council stage and analyse the Advocate General's opinions in subsidiarity cases. We find a weak conditional connection. A key explanation appears to be the Court's limited willingness to enforce subsidiarity and hence the limited incentives to go to court. [ABSTRACT FROM AUTHOR]

The 2008 Global Crisis had profound impacts on economies worldwide, prompting significant scrutiny of various institutional frameworks, including court systems. During this period, legal systems faced unprecedented challenges in addressing the ensuing turmoil. Courts were busy with cases related to foreclosures, bankruptcies, and financial misconduct. Due to the exposed weaknesses in regulatory oversight, reforms were made to improve accountability, transparency, and efficiency within judicial systems. Transition economies in Eastern Europe and Central Asia bore a significant brunt of the crisis and its subsequent reform endeavors. In this study, we evaluate the perspectives of Eastern European and Central Asian retailers on their court systems during and after the 2008 global crisis. We assess how many of them dealt with the legal system during and after the crisis, how quickly the cases moved through the court system, how fair and impartial the court was, and how successfully the court could enforce its rulings. To evaluate the impact of the global crisis on retailers' views on the court system, we compare the crisis period to the post-crisis period. The World Bank's BEEPSII and BEEPSIV surveys performed in Eastern Europe and Central Asia are used as our crisis and post-crisis samples. To compare the crisis period responses to the post-crisis ones, we use nonparametric tests (i.e. the Mann-Whitney-Wilcoxon and the Chi-square tests). Our results show that, after the crisis, fewer retailers went to court, when compared to the crisis period. This finding can be seen as positive. We also find that, after the crisis, retailers were more optimistic about judicial impartiality and case processing speed in their respective countries, compared to the crisis period. On the other hand, our results show that retailers' assessments of the court's ability to implement its rulings in these countries did not seem to change after the crisis. These findings have important policy implications. Policymakers can use these findings to take precautions before a global crisis hits. They will know that a global economic/financial crisis affects the volume of cases, courts' fairness, and processing speed. Therefore, they can hire more employees to deal with the upcoming problems with the volume and the processing speed, and they can increase the scrutiny of the system to protect the system's fairness. [ABSTRACT FROM AUTHOR]

Türkiye, once distinguished as the sole Islamic society abolishing Islamic law, has undergone a transformative shift under President Recep Tayyip Erdogan, veering towards Islamic law and a presidential system, diverging from its Western legal roots. To safeguard freedom of religion or belief, which is Islam, the establishment of an Islamic judicial system is imperative in a secular state. Islam is a comprehensive and perfect system that encompasses all aspects of human life. In promoting the upholding of fundamental human rights, especially the right to freedom of religion or belief, Türkiye can ensure that its legal framework supports the rights and beliefs of all its citizens, especially Muslims. This note critically examines the imperative for establishing an Islamic judicial court system. Tracing historical roots to the Ottoman Empire and Atatürk's secularisation efforts, the note also refers to legal, historical, and social dimensions. Emphasising the necessity for an Islamic court to address familial and financial disputes, it explores the intricacies of coexistence between Islamic principles and the existing secular legal framework. The discussion spans the interconnectedness of religiosity, the right to freedom of religion, and the implications of an Islamic judicial system on Türkiye’s legal, societal, and economic fabric. Drawing comparative insights from other secular nations, the article underscores the multifaceted considerations involved. Conclusively, it advocates for a nuanced approach that balances the preservation of Islamic values with the principles of justice and inclusivity within the Turkish legal system. [ABSTRACT FROM AUTHOR]

The article presents the State of the Judiciary speech delivered by the Supreme Court of Missouri Chief Justice Mary R. Russell at the Missouri General Assembly joint session in Jefferson City on February 7, 2024. Topics include her expression of gratitude to the members of the judiciary, the new judges of the court like Judge Ginger Gooch and updates in the expungement work by courts as mandated by law.

The article examines the principle of the immutability of judges as a key element in ensuring the independence of the judicial system, which is an important tool for the administration of fair justice and the establishment of a democratic society. Analyzing the historical development, evolutionary changes, and contemporary application of the principle, the author explores how the principle of the immutability of judges contributes to protection against unjustified dismissal and political interference, while ensuring stability and predictability in justice. The article also discusses contemporary challenges, including corruption and political pressure, which can undermine the effectiveness of this principle, and proposes possible solutions and recommendations for overcoming them. Particular attention is paid to the need for a balance between protecting judges and ensuring their accountability, which is crucial for maintaining public trust in the judicial system. This scientific article can be of significant practical benefit for various categories of readers and sectors of society, including judges and lawyers, legislators, researchers, law students for further research in the field of justice, as well as material for academic study and debates. Overall, the scientific article helps to raise awareness of the importance of the principle of the immutability of judges, highlights its role in protecting the rule of law and democracy, and can serve as a basis for practical measures in the field of justice and legislation. [ABSTRACT FROM AUTHOR]