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This article analyzes the impact of Public Company Accounting Oversight Board (PCAOB)-type regulatory oversight and legal liability on audit quality and social surplus. We show the conditions under which regulatory oversight can improve audit quality and social surplus, as compared with the impact of legal systems. Moreover, we demonstrate that regulatory oversight is not likely to substitute effectively for a legal system. This is the first study that analyzes the possible effects of an audit regulator on auditors under different legal systems, and our results enhance understanding of the complex relationship between regulatory oversight, a legal system, and social surplus. [ABSTRACT FROM AUTHOR]

International human rights apply to all persons. These are not only meant to protect all humans from discrimination, and inhuman, degrading, and cruel treatment, but also enforce humans' civil, political, social, economic, and cultural rights. This study aims to focus on the role of international law in protecting the rights of persons with disabilities and unfolding their rights. The study found that international law has some transparent and clear standards for protecting the rights of people with disabilities compared to other people. However, the challenges are related to the enforcement of these standards and the enactment of treaties, binding to all the member states without interfering with their sovereignty. The study recommends that the international legal system should first be able to make sure that the language of rights is comprehendible for all the state parties and that they are properly briefed about the required change through change in the legal regime. Because, member states are not inclined to give up their norms, culture, and beliefs. This transformation will be achieved by first creating understanding and then implementing it. [ABSTRACT FROM AUTHOR]

Latin America is the most violent region in the world. Recent research on the causes of crime have concluded that institutional effectiveness and corruption appear to be relevant variables explaining variations in crime trends. However, there is scarce research that focuses on understanding how these variables impact the criminal justice system and how they may affect crime. This paper aims to add to the literature by providing a theoretical framework on how effectiveness and corruption affects crime. Further, it reviews the current state of the criminal justice system in Latin America (i.e., the police, the judiciary, and the prison system) and offers a summary of how effective and corrupt these institutions are. Based on a high-level overview of primary research it is found that the criminal justice system is ineffective and suffers from high levels of corruption and, consequently, its capacity of capturing, judging and rehabilitating criminals is limited. [ABSTRACT FROM AUTHOR]

This study presents detailed estimates of the shadow economy's size and development in all European Union (EU) countries with particular emphasis on six specific countries (Germany, Austria, Denmark, Greece, Italy, and Romania) from 2003 to 2022. It focuses on understanding the key factors that motivate economic agents to engage in shadow economy activities within EU and particularly these countries. The estimates presented show a significant reduction in the shadow economy's size from 22.6% of GDP in 2003 to 17.3% in 2022, highlighting the effectiveness of various policy measures implemented in most EU countries with particular focus on these six countries. Despite a slight increase in the shadow economy across most EU nations due to the Coronavirus pandemic after 2020, our research identifies the main determinants of economic informality in most EU countries. Our analysis expose that weak institutional quality, ineffective government institutions, complex and burdensome tax and regulatory systems, the lack of strong legal systems, and pervasive corruption are the main determinants of economic informality in most countries of the EU. The study thoroughly reviews the driving forces behind the shadow economy and discusses the specific policy measures these six countries part of this policy analysis paper have adopted to mitigate and reduce its presence. [ABSTRACT FROM AUTHOR]

There are strong expressions of hope that the experience of the COVID-19 crisis might strengthen our sense of justice and inspire activities that bring about fundamental change for the better. What may we hope for during the crisis and how should we hope? Based on a discussion of philosophical theories of hope and tragedy, I will develop an account of "activating fragile hope," which is motivating contributions to structural change and resistance against injustice beyond and within the legal system and which remains aware of its own fragility and of the situation of those who have less to hope for. [ABSTRACT FROM AUTHOR]

Traditional classroom teaching remains the primary mode of learning at the Dubai Judicial Institute (DJI), a public entity educating aspiring judiciary members and legal professionals. However, the DJI faces specific challenges in transitioning to a smart learning model, including the potential loss of valuable personal interaction, significant financial and technological requirements, and the need for staff training to adapt to new systems. Despite these hurdles, both management and learners at the DJI express readiness and enthusiasm for this paradigm shift, driven by the benefits of flexibility, time efficiency, and increased learner autonomy. This study identifies core challenges in transitioning to smart learning, highlights key andragogical practices, and evaluates the institute's organizational readiness for change. The findings indicate that while the transition requires a phased approach and careful planning, it presents a significant opportunity to enhance judicial training. By embracing smart learning, the DJI can align with Dubai's broader smart government initiatives, ultimately fostering a more efficient, accessible, and innovative justice system. [ABSTRACT FROM AUTHOR]

Abstract\nPLAIN LANGUAGE SUMMARIESCorruption is a severe threat to society and the nation’s future. Consequently, in Indonesia, various regulations have been formulated and implemented as part of the anti-corruption legal framework. However, recent years have shown a weakening in anti-corruption efforts marked by the revision and non-enactment of several key regulations. The weakening trend is due to changes in the legal and political landscape surrounding corruption eradication. Therefore, this study aimed to analyze and understand the disruptions in the Indonesian anti-corruption legal framework. A legal analysis method was used which included examining existing laws, proposed legislative changes, and the impacts on anti-corruption efforts in Indonesia. The findings showed that the Indonesian anti-corruption legal system experienced significant disruptions, leading to diminished efforts in countering corruption. These disruptions originated from the accumulation of several revised regulations including the Corruption Eradication Commission Law, leniency towards corrupt offenders, minimal prison sentences, reduced fines, and delays in enacting asset forfeiture law. To address these challenges, policymakers are motivated to strengthen the substance of anti-corruption laws to enhance the effectiveness of law enforcement and promote stronger corruption eradication efforts.The problem of corruption in Indonesia represents a significant concern that has garnered considerable attention. Many studies have demonstrated the prevalence and gravity of corruption in Indonesia, with estimates indicating that it is a significant contributor to the country’s economic losses and a major drain on state resources. Nevertheless, this is not the primary objective of the present study. This study project is focused on examining several regulations related to the crime of corruption. The objective of this examination is to ascertain whether the pertinent regulations offer sufficient strength to facilitate the eradication of corruption, or whether the regulations are inadequate in this regard. The findings indicate that the regulations about the eradication of corruption in Indonesia are not becoming more powerful, but rather, are becoming weakened. This is a consequence of the accumulation of changes to existing regulations, and the absence of regulations that could play a pivotal role in preventing and eradicating corruption in Indonesia. [ABSTRACT FROM AUTHOR]

AbstractUnder what conditions can courts function as a bulwark against land grabbing? In light of ongoing concerns about corporate land grabbing, studies disagree about how and whether courts can resolve resulting land conflicts. This article addresses this debate, examining how Indonesia’s legal system deals with conflicts between rural communities and palm oil companies. Relying on 18 court judgments, it explores the legal strategies of those communities and individuals threatened by dispossession that have opted to litigate, as well as the protracted nature of the appeals process and the typically formalistic nature of the courts’ verdicts. It is found that judges rarely rule on the merits of a case; rather, they adopt a formalist approach to the law, which prioritises strict procedural correctness. This prompts an argument that the primary obstacle to substantive judicial outcomes and resolutions where land disputes are litigated is not Indonesia’s uncertain land law regime, but the disconnect between the competencies of lawyers representing communities in court and the excessively formalist approach of the judiciary. A vicious cycle has emerged: as legal formalism and an ambiguous legal framework have encouraged judges to rule on procedural grounds, Indonesian land law is being denied a substantive body of jurisprudence. [ABSTRACT FROM AUTHOR]

This paper explores the jurisprudential concepts of the reality competition series RuPaul's Drag Race (RPDR): how legal norms and aesthetics are intrinsic to the show’s structure, and how in turn RPDR queers, or ‘drags up’, legal language, symbols and concepts. We consider the jurisprudence of RPDR across three frames: (1) the structuring of its legal system through the framework of the reality competition, its rules, and the role of RuPaul as judge, jury and executioner; (2) legal and moral principles: how values including liberty and equality are represented in RPDR; (3) RPDR’s court system: how law is performed, and its aesthetics and culture parodied and reproduced. Through RPDR, concepts of legality are queered, manipulated and reproduced in ways that both reinforce and reproduce those legal concepts and aesthetics. We argue however that RPDR is unable to realize its potential for radically queer, transformative, counter-normative change. [ABSTRACT FROM AUTHOR]

Sentencing disparity dominates in American scholarship and has been leading global research in past decades, however, few studies have addressed sentencing equilibrium across countries. Learning from the previous theories regarding court communities, organizational conformity, and so on, this paper develops a theory of jurisdictional uniformity to address sentencing equilibrium in embedded courts across different levels in China. With data on sentence length consisting of 15,142 rape offenders nationwide, this article conducts bivariate and multilevel multivariate analyses to demonstrate negligible sentencing differences across cities and provinces. Authors believe the sentencing rules under jurisdictional uniformity pave the way for balanced sentencing, while the political mechanism in the judicial system controls jurisdictional disparity. Given that the existence of sentencing disparity should be seriously rechecked in each jurisdiction due to the legal and political diversity across the country, attention should be given to sentencing equilibrium inside the embedded court. [ABSTRACT FROM AUTHOR]

This paper begins with the idea that English literature contains many explorations of the psychological processes of adoption. Although adoption is an intriguing narrative device, it could be argued that psychoanalysis adds further understanding of the deeper reasons for this. There is a long tradition of psychoanalysis being interested in literature and the paper traces the roots of this from Freud to more recent writers. A good exemplar of literature exploring adoption is found in many of the works of Charles Dickens such as David Copperfield, Great Expectations, Nicholas Nickleby and Oliver Twist. Although Bleak House is often regarded as being mainly about a dysfunctional legal system, the paper argues that it also contains a perceptive account of a child in the adoption process. Themes of ‘not knowing’, searching and re-unification, identity and the use of transitional objects are all present in this novel. Finally, the paper suggests that any clinicians working with the inner world could be enriched by paying close attention to the novelist’s imaginative exploration of the adoption process. This point is made through the consideration of the work of Jeremy Holmes. The therapeutic imagination could be enhanced by bringing the study of literature into the training and development of psychotherapists. [ABSTRACT FROM AUTHOR]

Background: Individuals with serious mental illness (SMI) have disproportionately high rates of criminal legal system involvement. For many, this becomes a repeated cycle of arrest and incarceration. Treatments that address symptoms of mental illness are a critical component of the continuum of services for people with SMI in the legal system; yet on their own, psychiatric treatments have not been successful at reducing criminal legal system involvement for this population. Research suggests that criminogenic risk factors, the major drivers of criminal legal system involvement, are disproportionately prevalent among individuals with SMI. However, promising criminogenic-focused interventions have only just begun to be adapted for individuals with SMI. The proposed study will examine the capacity of Forging New Paths (FNP), a novel criminogenic-focused group intervention developed for individuals with SMI, to engage its primary and secondary outcomes when delivered in community mental health settings. Methods: The proposed pilot study will engage a small-scale clinical trial comprising three cycles of FNP delivered in a community mental health center in a Southeastern state in the U.S. The anticipated total sample size is N = 72 and will consist of community-dwelling adults with SMI who have a moderate or higher criminogenic risk level and a history of criminal legal system contact. This study will examine the extent to which FNP is able to engage its primary (aggression and community tenure) and secondary (criminal attitudes and impulsivity) treatment outcomes. Discussion: FNP provides an important new service for community-based mental health settings to reduce criminal legal system involvement (and recidivism) among the individuals they serve with SMI. Clinical Trial Registration: NCT06290648. [ABSTRACT FROM AUTHOR]

The rapid development of digital economy promotes the transformation and upgrading of China's shipping fields. Among them, the international shipping anti-monopoly legal system is one of the important contents of China's shipping legislation. In the era of digital economy, it is difficult for the existing system to better regulate the international liner shipping market with shipping alliance as the core. Countries have re-examined the anti-monopoly legal regulation system of international shipping. As both a major shipping and trading country, it is urgent for China to improve its shipping legislation with the anti-monopoly system as its core. In order to cope with the new pattern of shipping alliance in the era of digital economy, we should learn from the advanced experience of international shipping legislation, base on the perspective of China's shipping economic development and our own needs, and make effective exploration from the aspects of coordinating the development of digital economy and shipping management mechanism, improving shipping supervision ability and accelerating the improvement of shipping legal system with Chinese Characteristics. [ABSTRACT FROM AUTHOR]

This paper conducts an evidentiary discursive analysis of a Chilean judicial sentence of high public impact. It is a propositional and exploratory research that links evidential reasoning with discourse analysis to examine the different arguments and, ultimately, the various representations of the world in dispute at the time of proving a fact. Based on this, the research focuses on three aspects of the judicial sentence that were decisive and conflictive in the accreditation of a fact: the discordant statements of the victim, the contradictory expert evidence and the disagreement between the judges that made up the court. Regarding the first aspect, the way in which the court takes into account the bonding and affective relationship that the victim had with the accused is analyzed. On the second aspect, we delineate how expert evidence (and science) can provide explanations to confirm a version of the facts that specialists explain in court. On the third aspect, the existence of divergent decisions among judges themselves and their possible damage to the legitimacy of the justice system is analyzed. All these issues are striking because, although empirical analysis is an essential component in that the truth of the facts proven guarantees a correct application of the law, it must be reconciled with an approach that also rescues the interests in dispute, the discursive organization of the judges, and the discursive organization of the judges. [ABSTRACT FROM AUTHOR]

The Sixth Amendment Speedy Trial Clause purportedly protects against undue delays in criminal cases. In order to obtain relief for a speedy trial violation, a defendant must show that a delay has lasted so long as to trigger the four-factor test in Barker v. Wingo (1972). Over time, however, states have codified procedural barriers to this speedy trial analysis. Simultaneously, courts have eroded Barker itself, namely by excusing "neutral" delays and by shifting the burden of proving prejudice resulting from such delays onto defendants. Louisiana is a particularly egregious example of these concerning trends, partly because hurricanes regularly disrupt the state's criminal legal system, generating a large number of speedy trial claims. Especially as climate change increases the frequency and intensity of natural disasters countrywide, Louisiana's treacherous laws and flagrant manipulation of Barker serve as a dire warning: We must restore speedy trial protections nationally. Using Louisiana as a case study, and drawing parallels to Florida and Texas, this Note identifies possible legislative and judicial solutions. [ABSTRACT FROM AUTHOR]

This paper explores the development of Civic Wellness programs at the Art Institute of Chicago, with an emphasis on how Civic Wellness teaching, partnerships, and strategy are informed by social justice-oriented values. These include equity practice, antiracism, strength in community, and democratic justice-oriented andragogy. The paper lays out the most recent developments and goals of Civic Wellness at the Art Institute, and poses questions and proposals for the future of this work. The paper will also provide practical models for museum educators interested in pursuing or refining their own civic wellness programs. [ABSTRACT FROM AUTHOR]

The article discusses the role of Utah State Bar licensees in the 2025 General Legislative Session for better judicial system and greater access to justice. Potential issues in the legislative session include Administrative Procedures Act amendments, foreign judgment amendments, juvenile court procedures amendments and judgment renewal amendments. It encourages Utah State Bar practitioners to interact and communicate with local lawmakers about policies and legislation.

Fewer than 1% of United States' largest corrections facilities allow access to MOUD. The cascade of care is an organizing framework that quantifies treatment processes within and across systems of care ranging from screening to treatment discharge. This study highlights best practices for the implementation of MOUD across the cascade of care, addressing unique characteristics of legal settings and individuals within them. After reviewing best-practices for MOUD implementation in legal settings and examining jail and community provider's use of and goals toward improving these practices, this study concludes that despite interest from agencies to improve care considerable variation remains in treatment availability between agencies and within agencies at different stages of incarceration. Seamless systems of care require multiagency collaboration, staff and provider competency, and patient awareness of MOUD. These strategies will decrease punishment-oriented ideologies surrounding MOUD application in justice settings and improve access to resources that remove barriers to care. [ABSTRACT FROM AUTHOR]

The article "The legal intrusion of risk" analyzes the relationship between risk and law from a sociological and legal perspective. The author, David San Martín Segura, explores how risk affects the conception of the legal system and proposes a critical reading of risk as a problem of rationalization that directly impacts law. Different theoretical frameworks are addressed, such as Critical Theory and Luhmann's systemic functionalism, to understand the legal implications of risk. Additionally, it examines how risk becomes a mechanism for constructing security as a political objective, highlighting the importance of understanding the technical and technological aspects of risk in the legal field. [Extracted from the article]

False guilty pleas, when innocent people are wrongfully convicted by pleading guilty, have beset criminal legal systems since the time guilty pleas came into existence. Today, of the nearly 3,300 exoneration cases catalogued by the National Registry of Exonerations (NRE), about 25% are wrongful convictions via guilty plea, with the remaining 75% by trial. In the present study, we code the known population of wrongful plea convictions, comparing them to the known population of wrongful trial convictions on numerous factors (e.g. dispositional and situational risk factors) to identify defining characteristics of false guilty plea cases. Overall, we found many notable differences. False guilty plea cases are four times more likely to involve a false confession and be the 'no-crime' type of wrongful conviction than trial cases. In contrast, trial cases were significantly more likely to involve eyewitness misidentification, forensic science errors, perjury or false accusations, and documented ineffective assistance of counsel claims than false guilty plea cases. Results shed much-needed light on the factors that associate with false guilty pleas. [ABSTRACT FROM AUTHOR]

In this article, we use 15 in-depth interviews with formerly incarcerated mothers to explore an understudied dimension of the punitive nature of system contact: its contamination of memory. Drawing on theoretical scholarship in the sociology of memory, we reveal how contact with both the criminal legal system and the child welfare system defined participants' worst maternal memories and contaminated even their best maternal memories. In sharp contrast with their retrospective narratives, participants' imagined futures were notably devoid of references to system contact, even in the form of desistance narratives. These findings, we argue, capture just how invasive contact with punitive state institutions can be, and they suggest that reentry represents a meaningful period during which participants can envision futures that are—at least in their imaginations—free from this intrusion. [ABSTRACT FROM AUTHOR]

Although the non-human turn in justice theory remains in its infancy, several projects have emerged, including Earth system justice, multispecies justice, and planetary justice. Crucially, candidate theories must provide convincing responses to the who, what, and how of justice. The question of who can prove particularly challenging, as philosophers continue to debate the moral relevance of properties of entities or the relations between them. Scholars of environmental politics seeking to develop more-than-human justice theories must carefully attend to issues inherent in this debate, including conceptual inconsistencies. Recent work by Winter and Schlosberg advancing a materialist perspective on multispecies and planetary justice demonstrates the difficult task of participating in this conversation, as evidenced by their application of the term 'subjects of justice.' In this brief essay, I identify three flaws in their use of this phrase and explain why the treatment of subjects matters to justice theory in the Anthropocene. [ABSTRACT FROM AUTHOR]

Research has documented numerous barriers to recruitment of marginalized individuals, including historic exploitation, distrust, and accessibility. Such challenges are commonly observed among racial minorities, unhoused individuals, and individuals with lower socioeconomic statuses. Public health researchers have led investigations on ways to engage hard-to-reach populations, but the nuances of recruiting such individuals within criminal justice research remain less explored – a crucial oversight given the prevalence of these populations within the criminal legal system. While literature has identified barriers unique to these distinct identities, it has not fully explored how intersectional identities may complicate these barriers. To bridge these critical gaps, the current paper addresses the challenges of recruiting individuals with multiple identities within the same study. We discuss how the proposed techniques for recruitment of these populations translate into criminal justice contexts, with particular attention to the ways individuals with lived experience enhance study design, recruitment, and overall integrity. [ABSTRACT FROM AUTHOR]

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

Considering the vital role of the maritime transport industry as the most efficient method of international commercial exchanges and the irreplaceable role of the element of time in this field, any delay in the delivery of the vessel can result in significant financial losses for the owner. In the event of a delay in the delivery of the vessel, resulting from a number of factors, including the failure to clear the goods in a timely manner and port congestion, the owner of the vessel is subject to financial losses. To mitigate the risk of such delays and the subsequent extra stops of the vessel, a provision for demurrage is incorporated into every voyage charter party. Due to the new conditions and the demand for additional days, it is always considered one of the common reasons for the conflict between vessel owners and charterers, and this issue has resulted in numerous lawsuits in the legal system of different countries. Nevertheless, a matter that has given rise to considerable discord between the parties is the potential for the imposition of increased damages on the owner of the vessel. In certain instances, the delivery of a ship can be subject to delays that extend beyond the stipulated timeframe. Such delays can result in various forms of damages, including the loss of goods, as well as an increase in taxes and customs duties for the owner of the vessel. In this article, using an analytical descriptive method, while investigating the nature of demurrage in the legal system of different countries, we will examine the legal procedures governing the payment of demurrage with other maritime damages. The findings of the research indicate that judicial procedures, except in exceptional cases, consider demurrage as an exclusive method to cover all damages caused by vessel delay. In order to claim their actual losses and receive damages in excess of the fixed amount of the demurrer, it is necessary for the owner to prove a separate violation. [ABSTRACT FROM AUTHOR]

Private enforcement of competition law means that natural or legal persons aggrieved by the anti-competitive practices of undertakings bring actions before national courts. Anti-competitive procedures possessing cross-border elements, on account of a link to diverse countries' markets and the adverse impacts on them, are associated with the complexities of conflicting jurisdictions to initiate private lawsuits. In EU law, significant and constant alterations have been made in this field by the European Court of Justice. This article strives to compare the jurisdictional rules in competition law claims in the European Union and Iranian law through these judicial precedents along with growing research of legal writers and with a comparative approach. The authors of this article believe that notwithstanding the tortious nature of competition law claims and the invalidity of anti-competitive agreements and irrespective of whether they are "follow-on actions" or "stand-alone actions", having recourse to the jurisdictional rules related to the contract in both legal systems is plausible and untainted by a problem, and what is indeed requisite for determining the appropriate jurisdiction is perceiving the court with the closest link to the litigation. It has likewise been acknowledged in this article that in Iran's judicial system, the imperative legislations have not been adopted to impede the courts from handing down conflicting judgments in civil and commercial disputes in the international context, notably appertaining to competition law, which entails the consideration of Iran's legislative institutions. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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 Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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 Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

For decades, the American criminal legal system has failed to curtail illicit drug use and overdose deaths through punitive and selective enforcement. The federal government has prosecuted people and succeeded in securing many long prison sentences based on drug crimes. In the past two years, two amendments by the United States Sentencing Commission offered a measured reprieve through sentence reductions. Amendment 821 offered the possibility for sentence reductions based on recalculating the guidelines associated with certain prior offenses. Amendment 814 updated policy statements for assessing "extraordinary and compelling reasons" for a sentence reduction. These changes are not revolutionary; however, the amendments are offering thousands of people the opportunity to return to their families sooner. This Article provides a brief history of American drug criminalization and details statistics on federal drug offenses and sentences in 2023-2024. Then, the Article examines Amendment 821, with a focus on "boat cases," where individuals are receiving sentence reductions based on their lack of prior criminal record. Next, this Article examines reductions to unusually long drug sentences through 18 U.S.C. § 3582(c). The Article concludes by contextualizing these amendments, which are a significant remedy for thousands of people and their families yet fall short of the change required to address our system's addiction to punishment. [ABSTRACT FROM AUTHOR]

Copyright of Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary 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.)

Existing research reveals that survivors of sexual violence (SSV) face barriers in reporting sexual assault, such as fear of the criminal justice process. These barriers are more complex for racialized SSV, whose unique needs and experiences may differ from White SSV. In order to increase accessibility of legal support for SSV, a project offering free legal services in Canada was developed to support survivors by providing them with the legal information necessary to make informed decisions about reporting. One of the primary goals of the project was to tailor services to racialized SSV in order to ensure equitable access to justice for this population. This paper presents the outcomes of these efforts from multiple stakeholders involved in the project's implementation. Our findings reveal important considerations for what constitutes justice for racialized SSV, and the importance of centering them in the design and implementation of support services. [ABSTRACT FROM AUTHOR]

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.)

Problem definition: Limited resources in the judicial system can lead to costly delays, stunted economic development, and even failure to deliver justice. Using the Supreme Court of India as an exemplar for such resource-constrained settings, we apply ideas from service operations to study delay. Specifically, court dynamics constitute a case-management queue, whereby each case may experience multiple service encounters spread across time, but all are necessarily with the same server. Our goal is to elucidate the drivers of congestion, focusing on metrics such as the expected case-disposition time (delay) and expected number of cases awaiting adjudication (pendency), and leverage this understanding to recommend operational interventions. Methodology/results: We employ data-driven calibrated simulations to model the analytically intractable case-management queue. The life cycle of a case comprises two stages: preadmission (before determining its merit for detailed hearings) and postadmission. Our methodology allows us to capture the queueing dynamics in which the judges are shared resources across the two stages. It also permits modeling of holiday capacity, which is flexibly tailored to address any surplus work that spills over from the regular year. We find that the second stage of this judicial queue is overloaded, but holiday capacity creates a perception of stability by steadying performance metrics. Managerial implications: The sources of inefficiency that drive congestion include a misalignment between scheduling guidelines and judicial capacity, coupled with the requirement to schedule hearings in advance. Together, these factors inhibit utilization of shared capacity across the two-stage judicial queue. We demonstrate how interventions that account for these inefficiencies can successfully tackle judicial delay. In particular, scheduling to improve the allocation of time across preadmission and postadmission cases can cut down the expected delay by as much as 65%. Funding: This study is (partially) supported by a Korea University Business School Research Grant. Supplemental Material: The online appendix is available at https://doi.org/10.1287/msom.2023.0530. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica de Castilla y León is the property of Junta de Castilla y Leon, Direccion de Servicios Juridicos 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 Právník 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.)

Copyright of Právník 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.)

Impact entrepreneurship is a pivotal force in harmonizing environmental, social, and economic objectives, yet in the early stages of their ventures, entrepreneurs face complex challenges. Grounded in institutional theory, this study investigates the unique needs of impact entrepreneurs and uncovers shortcomings in the existing institutional support frameworks. An in‐depth qualitative analysis was conducted involving semi‐structured interviews with successful impact entrepreneurs and identifying key needs across four main categories: knowledge frameworks, entrepreneurial skill sets, resource dependencies, and sociocultural and personal elements. We deduced essential requirements for clear operational guidelines, financial and legal support systems, collaborative academic interactions, and access to a skilled workforce. Our findings challenge the efficiency and alignment of current support mechanisms with the unique demands of impact entrepreneurship. Finally, this investigation not only sheds light on the complex needs of impact entrepreneurs but also contributes significantly to the academic discourse by recommending improvements in institutional support structures, potentially reshaping the field of impact entrepreneurship. [ABSTRACT FROM AUTHOR]

The publication of laws and regulations has always been accepted by legal scholars as an essential stage in the the legislative process. In the legal system of the Islamic Republic of Iran, the Law on the Publication and Free Access to Information, passed in 2008, emphasizes the necessity of publication and prohibits the classification of documents that create rights and obligations, including regulations such as bylaws, circulars, and guidelines. However, there are still instances of classified and confidential regulations within the Iranian legal system. This issue, regarded as a deviation in terms of public law norms, can pose serious challenges to any legal system and lead to the infringement of citizens' rights. The present research, using a descriptive-analytical method, examines the mechanism for the "classification and confidentiality of documents," the criteria for "the necessity of publishing regulations," and the reasons for the existence of confidential regulations in the legal system of the Islamic Republic of Iran. It seeks to answer the question, what challenges confidential regulations pose to the Iranian legal system? The Paper ultimately aims to propose solutions using legal tools to address these challenges. [ABSTRACT FROM AUTHOR]

According to article 34 of the [Iranian] Constitution, everyone has the right to bring their claims before a court of law, and based on this right, the judiciary is tasked with examining and judging claims under article 156 of the constitution. To achieve a fair trial, the role of the Guardian Council as the interpreter of the Constitution is of great importance. In fact, the fair trial concept in the constitution is an ideal that requires the determination of standards that the constitutional judge expresses during the examination of legislative approvals. Accordingly, this research seeks to answer the question: what are the requirements for achieving an optimal fair trial according to the opinions of the Guardian Council? This study, using library data and an analytical-descriptive method, aims to identify the requirements of an optimal trial in three stages of judicial proceedings: 'before the judgment is issued,' 'issuing the judgment,' and 'executing the judgment.' The research concludes that the Guardian Council has implicitly and explicitly determined the guarantees and requirements for a fair trial and has deemed the legislative approvals of the Majlis incompatible with these standards in several instances. [ABSTRACT FROM AUTHOR]

The recovery of assets derived from corruption crimes plays a decisive role in preventing corruption offenses. However, traditional or direct asset recovery, which is based on formal cooperation between states, has become practically unsuccessful due to the rapid transfer of corrupt criminal assets from one country to others and the complexity of accessing criminals when they flee. This situation has shifted the focus of judicial, law enforcement, and intelligence agencies towards informal asset recovery, which is based on principles of speed, efficiency, and reliability. Alongside informal recovery, indirect recovery is also considered a new strategy in the field of asset recovery. The main question of this research is what capacities and barriers exist in international law regarding the identification of new strategies for the recovery of assets derived from corruption crimes for the Islamic Republic of Iran. The findings of this research indicate that, firstly, given the rapid transfer of corrupt criminal assets from one jurisdiction to another, the new international legal system has focused on informal mechanisms for recovering assets derived from corruption crimes, such as STAR, IML, etc. Currently, Iran is only a member of one of these mechanisms, and the legal status of this type of cooperation with these frameworks remains undefined. Secondly, attention to the indirect recovery of assets should occur alongside direct recovery, and in this context, some formal mechanisms for asset recovery, such as confiscation without a criminal conviction or administrative confiscation accepted in the Merida Convention, have not been recognized in Iran's legal system. [ABSTRACT FROM AUTHOR]

According to articles 4, 91, and 98 of the Constitution, the Guardian Council has the authority to oversee the legislation of the Islamic Consultative Assembly (the Majlis) in terms of its conformity with Islamic law and the Constitution, as well as to provide post-facto religious oversight on all laws and regulations and interpret the Constitution. The Council's opinions are expressed in written form, and the transformation of discussions into writing faces certain limitations. These limitations require the establishment of guidelines for drafting the Council's opinions. This research, using a descriptive-analytical method, seeks to answer the question: what are the requirements for writing the opinions of the Guardian Council, and what effects does adherence to these requirements have? To provide an answer, the analysis of the Guardian Council's opinions will be conducted based on writing requirements, beginning with content-related requirements, followed by formal requirements. The most important content-related requirements include solid reasoning, guiding the legislator in addressing issues, and commenting on the contrary meaning of opinions. The most important formal requirements include clarity, robustness in legal language and terminology while avoiding neologisms, avoiding convoluted writing, avoiding generalizations, using clear and precise terms, and appropriate punctuation. Adherence to these requirements not only prevents negative consequences from the incorrect transmission of concepts but also leads to positive outcomes such as fulfilling the existential purpose of the Guardian Council, maximizing the innovative authority of legislative bodies, creating transparency in the country's legal system, speeding up the legislative process, and developing the legal system. [ABSTRACT FROM AUTHOR]

The minister of justice, like any other minister, must have clear, appropriate, and balanced duties, powers, and responsibilities. This article first provides an overview of the position, duties, powers, and general responsibilities of ministers, such as those established in article 137 of the constitution of the Islamic Republic of Iran, and the rules regarding their appointment, vote of confidence, resignation, dismissal, questioning, and impeachment as outlined in the Constitution. Thereafter, the specific status of the minister of justice is explained. It is clear that the minister of justice occupies a position similar to that of other ministers. However, in some respects, this position is exceptional. The essence of this situation arises from the Iranian constitution, which states that "the judiciary" is outside the domain of the minister of justice. The topic of this research is to studt to what extent the method established in article 160 of the constitution of 1979 as amended in 1989, and the Act on the Implementation of Part of Article 160 of the Constitution, adopted in 2015, effectively addresses various issues regarding the relationship between the judiciary and other branches of government and is suitable for the optimal management of the country's judicial system while fully ensuring judicial independence. This research, which utilized library sources and documents for data collection and employs legal and judicial reasoning for data analysis, has shown that some issues remain unresolved and require theoretical and legal solutions. This paper presents solutions, the most important of which are based on clarifying the concept of judicial independence in judicial proceedings and decisions and avoiding its extension to the administrative, financial, and executive matters of the judiciary. [ABSTRACT FROM AUTHOR]

Article 174 of the [Iranian] Constitution grants the General Inspection Organization the authority to supervise institutions in terms of implementing laws and the proper conduct of affairs. The concept of supervising the proper conduct of affairs has many ambiguities. Aside from inherent linguistic ambiguities, there are no regulations in practice to determine what constitutes proper conduct, leaving the assessment of this matter solely to the inspectors of the General Inspection Organization. This is particularly significant because the organization can, based on its interpretation of proper conduct, issue binding recommendations to institutions, and failure to implement these recommendations can result in criminal liability for the authorities of those institutions, regardless of whether they agree or disagree with the proposed recommendations. This study employs a descriptive-analytical method to identify the concept and scope of the General Inspection Organization's supervision power over the proper conduct of affairs within the legal system of the Islamic Republic of Iran. Among various solutions, it appears that the best approach is for the General Inspection Organization and the Judiciary to establish standards so that any administrative decision adhering to these standards falls under the category of proper conduct, while decisions outside this process can be reviewed and amended by the organization. [ABSTRACT FROM AUTHOR]

Floating damage refers to the natural compensatory capabilities, the disappearance, or the invisibility of damage caused by harmful behavior or operations. Due to the characteristics of the seabed, the damages resulting from maritime transportation are fluid or floating, which creates a significant challenge for legal systems in protecting the marine environment. These challenges arise in three areas: the feasibility of assessing the damages, how to evaluate them, and finally, determining and issuing judgments regarding the damages incurred. This paper employs a descriptive-analytical method to address the concept of floating damage in the marine environment and to outline its characteristics. It concludes that the inefficiency of legal systems in protecting the marine environment is due to the lack of a specific victim in most marine environmental damages, the fluidity of the damages incurred, and ultimately the absence of clear criteria for assessing and compensating these damages. The paper suggests a strategic approach to compensating damages to the marine environment, the criteria should be the estimation and relative assessment of the damages, regardless of whether the damages are present, disappeared, or compensated naturally. Such estimations and assessments are carried out considering scientific, economic, and expert criteria. As a result, judicial decisions in this area focus on the feasibility of realization and continuity of the damage rather than its definitive or tangible realization. [ABSTRACT FROM AUTHOR]

Custom, alongside treaties and general principles of law, is one of the important sources of international law. One of the reasons for the significance of custom is that it is unwritten and always dynamic. This advantage has led to an increase in reliance on custom. International law requires states to recognize and implement the customary international rules within their legal systems. For a national judge to refer to custom, it is necessary to clarify the position of this source within the domestic legal structure. Given that custom cannot be proposed and enacted in legislative bodies, the role of courts becomes even more crucial. In this context, examining the pracrice of countries with a common law legal system will provide useful insights. The main question of this article is what position judges in England assign to international custom and in what contexts do they they utilize it? This research shows that international custom has a significant role in the English judicial system. [ABSTRACT FROM AUTHOR]

This paper aims to draw conclusions about the right to a fair legal process, its key elements, and primarily focuses on access to justice and the requirement of adjudication within a reasonable timeframe. One of the questions posed is: Is access to justice restricted? If so, what are the conditions that must be met to impose such restrictions? The conclusions reached pertain to understanding what access to justice entails, its role in fulfilling the principle of a fair legal process, and the steps that need to be taken to effectively utilize this right. The right to a fair legal process constitutes a fundamental principle of the rule of law and the protection of human rights, guaranteed both at the national and international levels. At the European level, this right is enshrined in the European Convention on Human Rights (ECHR), specifically in Article 6, which ensures the right to a fair and public hearing within a reasonable timeframe by an independent and impartial tribunal. In the electoral context, fair legal processes hold particular importance in ensuring the integrity of elections and equal competition. The Code of Good Practice in Electoral Matters, adopted by the Venice Commission, emphasizes guaranteeing transparency, resolving electoral disputes, and protecting the rights of voters and candidates through fair and reliable procedures. Ultimately, it is emphasized that ensuring a fair legal process in European and electoral conventions is a key element in strengthening democracy and fostering public trust in legal systems and electoral institutions. [ABSTRACT FROM AUTHOR]