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The article discusses a unique case of the EU's application of rule of law conditionality vis-à-vis Ukraine, while the latter is in active war with Russia. It is demonstrated that the EU utilized momentum, created by the confluence of the invasion and Ukraine's EU candidateship, to apply ambitious rule of law conditionality in its relations with Ukraine. Despite the unique strategic and political context, the conditionality is path-dependent, strongly relying on the achievements and outstanding tasks of the EU's pre-war rule of law promotion in Ukraine. Also, both the design and substance of EU conditionality vis-à-vis Ukraine strongly resemble the one the EU applied vis-à-vis Western Balkans. This concerns specifically the contents of conditionality, focusing on building effective anticorruption institutions and judicial reform. Current geostrategic pressures have not yet led to major changes in the philosophy behind the enlargement process or the EU's framing of the rule of law concept. Yet, changes to be underscored include the EU's focus on specific benchmarks within pre-defined realms and strong alignment between political and financial instruments. [ABSTRACT FROM AUTHOR]

Recent governmental concerns regarding the persistent long duration of judicial proceedings have drawn attention to efficiency issues in this sector. This paper provides insights into the Italian scenario, investigating potential relationships between Italian judicial efficiency and several latent constructs identified as relatively more significant than others. For this purpose, a two-step procedure was used, considering data envelopment analysis (DEA), precisely the slacks-based measure (SBM), and partial least squares structural equation modeling (PLS-SEM). Beyond ranking courts according to their technical efficiency, findings reveal that judicial efficiency has significant relationships with performance, quality and context features. At the same time, results do not show evidence to support a relationship with proceeding features. What emerges from the work is that the analysis of heterogeneity seems to offer relevant evaluation leverage, and significant differences appear among Italian courts. These insights and the model provided would represent a useful analysis tool for specific policy assessments, supporting the evaluation of regulatory measures and structural reforms relevant to judicial administration. [ABSTRACT FROM AUTHOR]

In 2023, Israel experienced a year marked by profound civic and security turmoil. The government's proposed judicial reform triggered widespread protests, highlighting deep divisions within the nation. Concurrently, escalating security threats emerged, with Hamas launching an unprecedented attack from the Gaza Strip and Hezbollah targeting Israel's northern border. These events led to the formation of an emergency government and a special war Cabinet. Despite the challenging circumstances, Israel's economic performance remained relatively stable until the onset of conflict, which led to negative economic impacts. The year saw significant amendments to the Israeli Basic Laws, aimed at reducing judicial oversight over government actions, which further intensified civic unrest. This article provides an overview of the political, security, and economic developments of 2023. [ABSTRACT FROM AUTHOR]

Early termination was introduced in criminal procedural reforms in Latin America and other regions to speed up times, decongest courts, and improve efficiency. It emerged from Anglo-Saxon plea bargaining, which had pragmatically proven its usefulness. A systematic review of 20 articles was applied between 2013-2023 on the effectiveness of early termination in improving the efficiency of criminal proceedings in Europe, America, and Australia. It was found that there is no clarity on whether early termination fulfills the purpose of making criminal justice systems more efficient. Some studies see positive aspects such as reduced deadlines in simple cases and more agile processes in specific stages. Others are skeptical about persistent problems in complex cases, negative side effects on rights, and doubts about the quality and fairness of agreements. Controversies were seen between positions for and against regarding this procedural tool's potential benefits and limitations. Consequently, it is concluded that there is not enough evidence to validate that early termination efficiently meets the expectations that motivated its adoption. It is necessary to rigorously recapitulate its real scope before expanding these procedural modalities whose effectiveness is not empirically proven in most criminal justice systems. [ABSTRACT FROM AUTHOR]

The article analyzes the impact of the Judicial Reform of 1864 on the establishment of the legal profession in Ukraine. It is noted that as of the middle of the 19th century. the decision to modernize the judicial system on the basis of effective Western judicial models was ripe in the environment of the official authorities. Although this initiative contradicted the foundations of the imperial autocracy, the judicial reform had a significant impact on the judicial system, procedural and material law of the state. First of all, this affected the separation of judicial power from legislative executive and administrative power. It is noted that the Judicial Reform of 1864 became a necessary element of total changes in the social and political system of that time. It occupied a prominent place in the history of the judiciary and the judicial system of the state, and its indisputable achievements were the equality of citizens before the law, the transparency and competitiveness of the judiciary, the immutability of judges and their independence from administrative officials, the introduction of competition in the judiciary and the creation of a system of magistrates’ courts. It is proven that the judicial reform, in addition to important democratic changes, included the creation of the legal profession, whose role in society was constantly growing. According to the idea of the initiators of the reform, the Institute of Advocacy was organized as an independent organization. This principle was manifested in the fact that in each district of the court chamber, lawyers were united in a single organization by its general meetings and the Council. It is noted that the control and supervision of the activities of lawyers was carried out by councils elected by lawyers from among themselves. Thanks to the creation of the management system of the lawyer corporation, it was possible to ensure the autonomy and independence of the legal profession from the bureaucratic apparatus. It is noted that with the establishment of the Institute of Advocacy in the Russian Empire, the official authorities sought, at least formally, to declare the foundations of equality and competition between the parties, to modernize the theory of formal evidence and the judicial process. In this way, it was planned to revive the judicial process and make it more complete and objective. This would provide an opportunity for a comprehensive consideration of the case by the judge, a more detailed insight into its essence, which would significantly affect the objectivity of justice. [ABSTRACT FROM AUTHOR]

Judicial reform efforts aimed at rectifying historical gender and racial inequalities understandably focus on increasing the number of women and people of color on the bench. While this is an important program, this Article sheds light on another aspect of the representation problem, which will not necessarily be resolved through greater diversity in judicial appointments. This problem has to do with the understudied and often opaque practices of judicial administration. Through a large-scale empirical study of federal appellate decisions, we examine the distribution of judges along the lines of gender and race across decision panels and find systematic gender and racial imbalances in representation. We argue that these imbalances are most likely a product of disparities in decision reporting; some decisions, which we call judicial dark matter, go unreported, resulting in distortions in the representation of judges in reported cases. This is the first study of the representation and distribution of judges by gender and race across decision panels. Ultimately, our findings suggest that assessing the distribution of legal power and influence across gender and racial groups based on the numbers of judges from these groups may be misleading and may create an inflated sense of the influence of judges from historically underrepresented groups. The diversity reform agenda, then, as it is typically cast in the scholarly literature, the political sphere, and the popular media alike, is incomplete. One cannot hope to understand how representation translates into power nor to remedy demographic power imbalances in the judiciary without attending to the features of judicial administration examined here. [ABSTRACT FROM AUTHOR]

This article investigates the role of legalism and legal processes in entrenching autocratic rule in post-revolution Egypt. In the aftermath of the spectacular street protests that swept Egypt, the movement for change was channeled into legal challenges handled by the legal system and judicial experts. This judicialization of politics ensured that an emerging autocrat could not only use the judiciary and the legal system to control the process of democratic transition but also reverse it. In examining the rise of autocratic rule in post-revolutionary Egypt, this article illustrates how the legal system, constitutionalism, law-making, and electoral politics became integral pawns in the consolidation of an illiberal agenda. Legalistic strategies, such as rewriting electoral laws, reforming judicial regulations, strengthening presidentialism, rewriting and amending the constitution, and other legislative reforms, enable the rise of autocratic legalism in the country. As the case of Egypt illustrates, autocratic legalism is a dangerous mode of entrenching autocratic rule that uses the legal system to reach power and then abuses the same legal processes to ensure no one can challenge the power capture. Although elections, parliaments, and judiciaries remain in place to maintain a façade of legality, they are increasingly captured by the executive within a context of growing policing, and restrictions on freedoms and rights. [ABSTRACT FROM AUTHOR]

Judicial appointments in India are affected by, inter alia, low sanctioned strength and vacancies. The concern is especially exacerbated in the lower judiciary, where vacancies, estimated at 22%, could be due to procedural bottlenecks in recruitment. This article seeks to understand the issues in lower judiciary recruitment in India by mapping writ petitions on the issue. Of the 322 cases analysed from 2007 till 2017, Rajasthan and Kerala reported the most cases. Issues frequently litigated pertained to eligibility criteria, reservations, and qualifying marks. Most cases (39%) arose even before the first round of examinations was conducted. Nearly 73% cases were dismissed with no directions. We argue that an empirical study of litigation can help determine recruitment challenges, through identifying candidates' concerns and ways to address such concerns, while serving as an authentic source of grievances related to recruitment. [ABSTRACT FROM AUTHOR]

The Supreme Council of Justice, which replaced the Supreme Council of Justice, plays a rather serious and important role in the formation of the judicial corps, the appointment and dismissal of judges, as well as in their disciplinary responsibility. Accordingly, it can be argued that ensuring the independence of the judicial branch of government and expanding access to fair justice for everyone is closely related to the effective functioning of the Supreme Council of Justice, or the Supreme Council of Justice. If we turn to the history, the history of the creation of such a body in Ukraine, then we should start from 1998, since it was then that the High Council of Justice was formed, which determined the path of development of the judicial system. The creation of such a step was quite a powerful jerk of our judicial system. However, despite a rather positive goal, there were a number of shortcomings in the High Council of Justice, which led to the need for reform, which began in 2015, as part of a large-scale judicial reform, which in turn was aimed at improving Ukraine's compliance, especially in the field of justice, to European standards. The changes that occurred in the Constitution of Ukraine, introduced back in 2015, made it possible to foresee the creation of the High Council of Justice, which precisely increased the requirements for judges and the optimization of the judicial system. The purpose of this organization was aimed at strengthening the independence of the judicial branch of government, thereby making it more transparent and accessible to citizens, increasing their trust. Therefore, it can be argued that the Supreme Council of Justice acts as a key body responsible for reforming and proper functioning of the renewed judicial system of Ukraine. Further efforts should be aimed at strengthening independence and increasing the efficiency of its activities, both in the interests of Ukrainian society and the state. Only in the presence of institutional capacity and public trust will the High Council of Justice be able to properly ensure the formation of an independent and professional judicial corps, guarantee the independence of judges by supervising them, observe rights and freedoms, help reform the judicial system (improve the judiciary), overcoming various gaps in it, and also strengthen international cooperation and European integration. [ABSTRACT FROM AUTHOR]

Under the background of the misplacement of time and space in the trial judicial reform in China, this paper constructs a difference-in-difference model with multiple time periods to systematically investigate the influence of judicial reform on the short-term debt for long-term use of Chinese listed companies and its economic consequences. The research results show that, compared with the companies not affected by the judicial reform pilot, the short debt long ratio of the companies affected by the judicial reform pilot increased by 8.76% on average, and this phenomenon is more obvious in non-state-owned enterprises, asset-light enterprises, small enterprises and enterprises with unified leadership. In addition, it is found that the judicial reform and firms' short-term debt for long-term use increase the risk of corporate bankruptcy. The results help to clarify the mystery of debt maturity structure in China, and provide new ideas and evidence for alleviating the long-term use of corporate short bonds, improving the mismatch of investment and financing maturity and preventing systemic financial risks. [ABSTRACT FROM AUTHOR]

This is the opener of the three-part Courting Oblivion series on the legal concept of oblivion, meaning legal forgetfulness, letting go of the past, or forgiveness, usually to predicate a second chance, a restart, or even an era of reconstruction. This Article opens the Courting Oblivion series by demonstrating how blind-deaf concepts of justice are fundamentally ignorant of the rights and powers of oblivion. The series' second and third parts will explain more about how acts of oblivion can secure governmental legitimacy and why oblivion needs to be enacted for whistleblowers generally. This Article defines the legal concept of oblivion that began in the United States with the Treaty of Paris 1783. Framed as a defense of Portia's plea in Shakespeare's The Merchant of Venice, this Article counteracts the concept of deaf justice proposed by Daniel Kahneman, Cass R. Sunstein, and Olivier Siboney's book Noise and the concept of blind justice asserted in Students for Fair Admissions, Inc. v. Harvard College. This Article illustrates new concepts, like reverse-gaslighting, and mines Kesha's recent settlement with Dr. Luke for useful material to contest blind-deaf concepts of justice that almost overcame her right to move on in California and New York. Furthermore, the Article explains current judicial crises that indicate a strong need for judicial reform that can be spearheaded by an act of oblivion. Specifically, it addresses the possible demise of stare decisis through ad hoc Janus v. AFSCME balancing tests after Dobbs v. Jackson Women's Health Organization. It also addresses the emergence of the shadow docket in Wheaton College v. Burwell and Whole Woman's Health v. Jackson. The U.S. Supreme Court seems, at best, unwilling to resolve these issues on its own. Therefore, several of these judicial crises will need to be resolved, if at all, by Congress through judicial reform. As such, this Article concludes with the suggestion that Congress pass an act of oblivion that, in part, repeals and preempts all blind-deaf concepts of justice throughout the United States. This suggestion foreshadows the next two parts of the Courting Oblivion series, which will exhaustively explain the ideal uses and provisions of a prospective act of oblivion. At some point, everybody needs a chance to move on, to let go of the past, and to have a fresh start. The right to move on is both held individually and severally by the people as a whole. This series is dedicated to the rights of the people individually and severally to move on, to heal, and to be reborn. [ABSTRACT FROM AUTHOR]

Over the past five years, China has rapidly embrased the digital society. The new generation of digital technologies, including big data and artificial intelligence, is playing an increasingly important role. To address the new challenges posed to the traditional legal system due to the wide application of new technologies, such as information security and personal data protection, Chinese legislators have undertaken unprecedented intellectual innovation, and digital legislation continues to evolve. The development of digital technologies and the onset of the digital era have not only led to new changes in public production and created new space for human life but have also expanded new areas of state administration. The concept of “digital legal governance” as a product of the integration of digital governance and legal governance has been introduced by Chinese jurists and plays a significant role in the process of public administration. In recent years, China has accelerated changes in judicial reform, comprehensively establishing digital courts. The rules for Online Court, Online Mediation and Online Operations, consistently introduced by the Supreme People’s Court of China since June 2021, have provided for the online function of the digital court. This article provides a detailed analysis of a series of the recent regulative acts in the field of transforming digital law in China. It elucidates the key concepts and measures in practice related to the construction of “digital legal governance”. The article also demonstrates China's experience in establishing typical digital courts as an example, with the hope of providing other countries with useful insights into improving digital law.

The article deals with the problem of combining the judicial and investigative functions of the magistrate’s court of the Russian Empire in the context of the judicial reform of 1864 in the outlying territories of the state. Historiographical analysis shows that the features of the judicial and investigative dualism of magistrate’s court have rarely become the subject of research interest of Russian scholars. The article discusses the main motives for combining judicial and investigative functions. Three main reasons for that are identified: the need to optimize public spending in the implementation of judicial reform; the need to bring the magistrate’s court closer to the local population; the need to optimize judicial activities. The author makes an overview of the general chronology of the legislative consolidation of this feature in the remote regions of the Russian Empire and offers a classification of models for the implementation of judicial and investigative functions by magistrates, in which differences between regions are highlighted in relation to the distribution of these powers. Referring to Arkhangelsk Governorate as an example, the author considers in detail the evolution of the views and assessments given by the leaders of the Ministry of Justice and local representatives of the judicial department to the effectiveness of the abovementioned model of magistrate’s court. It is noted that the attitude towards the judicial and investigative functions of magistrate’s court changed from the unconditional acceptance of this measure to the categorical denial of its benefits for local justice. The article characterizes the features of the legal status of magistrates in Arkhangelsk Governorate. It is noted that the jurisdiction of magistrate’s court was generally similar to the model of the Transcaucasian magistrate’s court. On the basis of archival materials, including the data on the effectiveness of the magistrate’s court activities in Arkhangelsk Governorate, it is assumed that there were no adequate and timely measures to strengthen the staff of local magistrate’s courts. It is concluded that the experience of functioning of the judicial and investigative model of magistrate’s court in Arkhangelsk Governorate as a whole can be considered unsuccessful.

Limited research has focused on the influence of judge independence on firms' corporate social responsibility (CSR), despite extensive literature examining the impact of the legal environment on CSR. To address this gap, we analyze the staggered adoption of judicial delocalization reform in China. This reform aimed to enhance local judges' independence and our analysis shows that firms have exhibited higher CSR scores since its implementation. Our channel analysis reveals an increase in lawsuits and monetary claims against firms due to the reform, indicating that firms engage in CSR activities to mitigate the negative effects of legal proceedings. The impact of the reform on CSR is stronger for high-litigation-risk firms and weaker for politically connected firms. Moreover, the positive relationship between the reform and CSR is more pronounced in regions with higher levels of government interference with judges before the reform. In summary, our findings highlight the important role of a supportive legal environment in fostering CSR, emphasizing the influence of judge independence. [ABSTRACT FROM AUTHOR]

In countries receiving foreign aid, non-state justice systems rooted in custom or religion generally handle most legal disputes. This dramatically influences the prospects of international efforts to promote the rule of law, yet scholars have paid little attention to foreign policy toward non-state justice. This paper explores how the nine largest rule-of-law-assistance providers engaged non-state justice between 2008 and 2018, illuminating the theory behind, and the reality of, donor-state policy. It proposes a new classificatory typology of donor approaches to non-state justice detailing five strategies (denial, acknowledgment, acceptance, transformation, and rejection) and four goals (judicial reform, symbolic recognition, state-building, and counterinsurgency). It then explores how the nine largest rule-of-law-assistance donor states addressed non-state justice through a structured comparison of policy documents as well as case studies of the five donors with the most comprehensive approaches. Donors strongly favored risk-averse approaches, even when this made success unlikely. Certain policy goals—such as state-building or counterinsurgency—sometimes prompted riskier choices, but only with a compelling justification and a reasonable prospect of success. Overall, major rule-of-law donors displayed risk-averse, superficial policy, minimal stakeholder engagement, a failure to grapple with the nuances of legal pluralism, and a lack of evidence to support existing policies. [ABSTRACT FROM AUTHOR]

The article examines the factors that determine the content and essential aspect of the results of the epistemology of justice. It was noted that in the conditions of globalization and integration processes, there is a need to create an effective justice system that would guarantee compliance with human rights and freedoms, ensure justice and legitimacy of state power. Justice itself is a key tool for implementing the principle of the rule of law, as it is designed to ensure the equality of all before the law, the independence of the judiciary and the effective protection of rights and legitimate interests. The key historical, political, economic and European integration factors that determine the state of the epistemology of the judicial system in Ukraine have been established and characterized. Attention is focused on the consequences of the Soviet past, including distrust of the judicial system and a low legal culture. The influence of political factors is considered and relevant examples are given; the consequences of these factors for justice are indicated. Economic factors that increase corruption risks are analyzed. The importance of European integration processes in reforming the judiciary is highlighted separately. Attention is focused on the importance of the independence of courts, access to justice and the quality of court decisions as key elements of implementing the principle of the rule of law. The role of justice in the formation of legal culture and ensuring equality before the law is also considered. Provisions reflecting the role of justice in ensuring the rule of law are indicated: protection of human rights and freedoms; ensuring equality of all before the law; interpretation and application of the law; control over the legality of actions of state bodies; formation of legal culture. It is summarized that justice plays a central role in ensuring the implementation of the principle of the rule of law by ensuring the independence of courts, access to justice for all citizens, high quality of court decisions and their effective implementation. All these elements are an integral part of the legal state, in which the rule of law is the basic principle of the functioning of society and the state. [ABSTRACT FROM AUTHOR]

The incorporation of Information and Communication Technologies (ICTs) in the justice sector is not necessarily a new phenomenon. Nevertheless, the outbreak of the Covid-19 pandemic accelerated this process, as it required rapid solutions to mitigate the effects of social distancing and other security measures, for which ICTs proved crucial to ensure the continued provision of basic legal services. Initially used only for urgent matters, after two years it has become highly integrated into the regular functions of judicial institutions and is expected to continue as a critical tool against overburdened dockets. ICTs in the justice system can serve different purposes and can therefore be analyzed from different perspectives: efficiency in the administration of justice, interoperability between institutional actors, improvement of information for decision-makers, transparency and accountability, among others. This article focuses on access to justice. Therefore, it analyzes the ICTs implemented in Latin American countries, with a focus on the Chilean judiciary – particularly in the civil justice system – from a critical point of view, based on access to justice standards. [ABSTRACT FROM AUTHOR]

Political cartoons are valuable cultural artifacts which not only capture moments in time but also offer the illustrator's insight into those moments. This essay examines how three of Israel's Religious Zionist cartoonists have illustrated the first three months of the 2023 nationwide protests and the judicial overhaul that sparked them. Shay Charka, Or Reichert, and Reut Bortz all self-identify as members of the Religious Zionist community but their cartoons show diverse reactions to the protests and proposed legislation. Examining their works provides insight into how the cartoonists themselves are navigating significant changes in their own society and also what messages are being conveyed to the Religious-Zionist readership. What emerges from this analysis are thematic overlaps in which the artists draw upon common visual tropes and themes but offer distinct readings of the judicial overhaul and the protests that ensued. The value of analyzing the three cartoonists' work in this way is that it provides insight into the messages that are disseminated to the wider Religious Zionist community given their role as figures who shape and construct Religious Zionist ideology and mentality. [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.)

Technological integration in the Indian Judicial system is a requirement for the improvement of efficiency, effectiveness, and timely delivery of justice. This paper is concerned with the impact of e-courts, online case management information systems, and AI in improving the judicial processes. The study is thus able to show the impact of technology implementation on the case clearance rates and the time taken to clear the cases by analyzing the pre- and post-technology implementation results from the various levels of the courts. The study also examines the effects of AI in reducing the time that is used in the processing of cases and in helping legal practitioners in making decisions. While the benefits of these advancements are obvious, the research concerns the challenges of digitalization, legal digital literacy, and data privacy. Some of the recommendations made include the need to ensure that technology is made accessible to all and the need to improve the security of technologies. This work contributes to the existing body of knowledge on judicial reforms and provides a framework for the implementation of technology in the improvement of the delivery of justice in India to increase the efficiency and accessibility of the legal framework to every individual. [ABSTRACT FROM AUTHOR]

India has a vast and intricate judicial system for its more than 1.3 billion people. The Indian litigation and Justice delivery system is not only out of date, but it is also time-consuming and cumbersome. The decisions in various cases are influenced and affected by the increasing pendency of cases in India. Judicial and legal reforms are essential if India is to meet the expectations of 21st-century goals. This must be done by maintaining a position that preserves the court's reputation and supports its critical role in maintaining public confidence in the protection provided to them by the law. Implementing the Internet and Information and Communication Technology (ICT) and the application of Artificial Intelligence (AI) in the Indian judiciary needs rejuvenation. Artificial Intelligence (AI) has the potential to overcome some of the challenges faced by the judicial system in India. One of the significant advantages of AI is its ability to analyze vast amounts of data quickly and efficiently, which can help identify patterns and predict case outcomes. AI-powered case management systems can help prioritize cases, reducing delays in the disposal of cases. AI-powered case management systems, legal research tools, and document analysis tools can help improve access to justice and reduce delays. This research paper explores the role of AI in access to justice and justice delivery in India, including its potential applications, advantages, and limitations. This paper begins with an introduction that explains the importance of the topic and provides background information on the justice delivery system in India and the need for the usage of AI in the Indian judicial system. This present research study is principally descriptive and based on analytical methods. The paper further explores the advantages and limitations of using AI in the justice system, along with an explanation of the benefits of using AI, including increased efficiency, reduced costs, and improved accuracy. This paper also discusses the limitations of using AI and also explores the ethical and legal implications of AI in the justice system. [ABSTRACT FROM AUTHOR]

Most child-friendly court reforms are based on the assumption that the court setting is a stressful experience. Our objective was to analyze the acute stress levels of children who come to testify in a child-friendly investigative court using a person-by-environment approach. We employed a simple repeated measures design for this study, which included 42 minors of Spanish nationality who provided testimony as victims of violence in Spain's inaugural Child-Friendly Court. Among the participants, 73.8% were girls with a mean age of 12.5 years (SD = 3.4), and 26.2% were boys with a mean age of 11.4 years (SD = 3.1). Stress levels were measured using heart rate variability, and anxiety was assessed using state-trait questionnaires. The study found that the mean percentile of anxiety remained at moderate levels, while stress remained at medium-low levels. No significant differences in anxiety or stress were found based on gender or type of crime. Repeated measures ANOVA revealed significant differences in stress levels among different court settings. Stress levels in the waiting room and Gesell room were significantly higher than those in the decompression room. In conclusion, the experience of testifying in a Gesell room about the aggressions suffered increases stress levels. However, in this sample and for this Pilot Court, the stress levels observed during testimony did not reach levels considered detrimental to children's health. Our results lend support to the new European Judicial Policy, which includes the establishment and operation of Specialized Courts adapted to the needs of children and adolescents. [ABSTRACT FROM AUTHOR]

In the 1630s, two central cultural arbiters sought to eliminate the figure of the fool from English culture. Both the city and court decried fools as figures of past barbarism. Yet, as this article seeks to demonstrate, rather than eliminating the fool from plays, Caroline playwrights rework the fool to go undetected within the social reform of the court and by the more radical anti-theatrical writers. By doing so, Caroline playwrights in effect allowed any intellect in early modern London to fool. The article examines three bodies of writing (court censorship records, antitheatrical writing and the Caroline plays themselves), to trace how this modified fool becomes rearticulated as a city wit, who still maintains the responsibilities of a fool. [ABSTRACT FROM AUTHOR]

The article offers update on the legislative efforts of the Utah State Bar's Government Relations Committee in 2024. Among the bills recommended by the committee are House Bill (HB) 021 Criminal Accounts Receivable Amendments, HB 049 Justice Reform Task Force Sunset Extension, HB 338 Mentally Ill Offenders Amendments, HB 414 Due Process Amendments, Senate Bill (SB) 070 Judiciary Amendments, SB Indigent Defense Amendments and SB 167 Court Transcript Fee Amendments.

The article offers update on the status of the justice court reform efforts in Utah. Recommended reforms adopted by House Bill 210 include making justice courts a part of state judiciary, salary for a justice court judge, and allowing state applicants to apply for a justice court judge position if they relocate. Other reform proposals include elimination of de novo appeals, creation of magistrate or commissioner system and amendments to sections of Article VIII of the Utah Constitution.

The study provides a fusion data analysis to investigate the attitudes and perceptions of legal professionals in Ecuador regarding the effectiveness and fairness of the monitoring procedure, using a questionnaire based on indeterminate Likert scales. By employing Triple Refined Indeterminate Neutrosophic Sets and the Minimum Spanning Tree, responses were analyzed to reveal trends and groupings in opinions. The identification of response clusters suggested marked differences and homogeneous subgroups in perspectives, highlighting specific areas within legislation and judicial procedures that require attention. The threshold used for the Minimum Spanning Tree provided a quantitative view of cohesion and discrepancy, which has significant implications for legislative reform and judicial practice. This innovative approach offers a valuable model for future research, with the potential to influence policy-making and the promotion of legislative reforms based on empirical data. [ABSTRACT FROM AUTHOR]

The article clarifies the forms of interaction between the state and civil society, its constitutional and legal characteristics, the role of public control in the interaction between the state and civil society, as well as the role of public control in the implementation of judicial reform and reform of law enforcement agencies. It was concluded that a modern legal state in crisis conditions must strictly adhere to constitutional principles, exercise effective control over compliance with the legitimate purpose of measures restricting human rights and freedoms, and also exercise effective communication with civil society. Thus, under any conditions, it is necessary to strive for the establishment of democracy and balance of interests following the best traditions of European constitutionalism. We single out such forms of interaction between the state and civil society as: 1) Public control by civil society institutions over the activities of public authorities as one of the forms; 2) Involvement of civil society institutions in the implementation of legal reform and formation of public authorities; 3) Delegation of certain functions by the state to institutions of civil society; 4) State funding of civil society institutions. This list is certainly not exhaustive. Various forms of interaction between civil society institutions and the state can and do exist. It is concluded that the reception of European legal experience is of great importance for the optimization of human rights guarantees and effective interaction of the state and institutions in civil society. Its components are the harmonization of national legislation and bringing it into line with international standards, transnational participation in the work of international organizations, which is provided for in Article 18 of the Basic Law, cooperation between the state and public institutions through the application of European democratic governance models. Implementation of the above in practice will allow us to effectively face today's challenges. Effective guarantees of the existence of a sovereign constitutional state, which reduce the risk of the negative impact of a crisis situation, can be created only by ensuring the comprehensive cooperation of state institutions and civil society. [ABSTRACT FROM AUTHOR]

The article summarizes, expands and substantiates scientific knowledge about the theoretical and practical aspects of the influence of judicial law-making on judicial reform. The legal nature of judicial law-making is characterized, taking into account modern contextual and conceptual approaches to understanding the law-making potential of the court. Judicial law-making is an important, integral and special type of law-making. The legal nature of judicial law-making is deep and multifaceted, in particular, it is a way of achieving the goal of justice and ensuring the rule of law; an important guarantee of the protection of human rights; a necessary element of implementing the rule of law in the mechanism of ensuring human rights and freedoms; a means of overcoming legislative gaps and exceptional legal problems in the course of law enforcement; a tool for supplementing the law; «insurance» agent of the legislator, etc. In the democratic countries of the world, judicial law-making has proven itself as an effective tool entrusted to the courts within the limits of their judicial activity, and they use this tool with an appropriate level of responsibility. The peculiarities and directions of influence of international and national judicial law-making on reforming the judicial system and legal reform are analyzed. The theoretical and practical value of the influence of judicial law-making on judicial and legal reforms lies in the fact that it is a conceptual basis for the qualitative transformation of the domestic judiciary, judiciary, justice and the legal system, in particular the field of judicial law. The state and trends of the introduction of judicial law-making into the national legal system of Ukraine based on the results of the last judicial reform are revealed. With each stage of judicial reform in Ukraine, the need for official recognition of judicial law-making becomes more relevant. The judicial reform of 2016 did not positively resolve this issue. Currently, the need to introduce judicial law-making is mostly recognized at the doctrinal level, but is rejected by the legislator. [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.)

In this article, we investigate the influence of local official turnover on litigation efficiency using manually collected data from listed companies in China from 1995 to 2013. Our findings indicate that official turnover leads to a decrease in litigation efficiency, with a 16.3% increase in the duration of litigation cases. This effect is more pronounced when newly appointed officials are working in different locations. It is more significant when the involved enterprise is a private entity, suggesting that political cycles contribute to the selective enforcement of private enterprises. Further analysis reveals that the adverse impact of official turnover on litigation efficiency is short‐lived. The conclusions contribute to the existing literature on official turnover and litigation efficiency and hold potential implications for judicial independence reforms. [ABSTRACT FROM AUTHOR]

Judicial independence has always been an important theme of China's judicial reforms, both historically and in recent years. This article sheds light on how Chinese elites and intellectuals created a unique concept of judicial independence in the context of early twentieth-century China, seeking to trace the historical roots of the ongoing judicial reform in the People's Republic. This uniqueness was characterized by three features: the heterogeneity within the Chinese conception of judicial independence, the reinterpretation of judicial independence into a tool for reinforcing China's sovereignty, and the applauded control over courts and judges. These features resulted from the inherent tension within China's pursuit of a modern state. By examining the early discourse and reform efforts, this paper not only highlights the historical struggles for judicial independence, but also, it contributes to understanding contemporary China's distinctive path in judicial modernization, deviating from liberal constitutionalism. [ABSTRACT FROM AUTHOR]

In 2017, Taiwan's government proposed reforms to the Indigenous Specialized Criminal Court (ISC) within its criminal court system (court system). Situated within the contemporary theoretical framework of transitional justice, this article explores the theoretical significance of these reforms and examines their actual state of implementation. Firstly, the article points out that the court system has led to structural injustices like the erasure of culture and socio-economic disadvantages for indigenous peoples, highlighting the limitations of the conventional transitional justice model in addressing these injustices. As a response, the ISC reform adopts strategies that differ from the conventional model. The article then attempts to develop an enhanced transitional justice model that includes structural injustices within its scope and explains the ISC reform initiatives and their inherent transitional justice significance. Finally, by evaluating the implementation status of the ISC reform, the article elucidates its theoretical implications and the feedback it offers to contemporary theoretical debates. [ABSTRACT FROM AUTHOR]

The independence of the judiciary is a fundamental element in ensuring the rule of law and the effective functioning of the judicial system in a democratic society. However, the implementation of this principle often faces numerous challenges and requires constant improvement of the mechanisms for its realization. This article is dedicated to examining the key directions for optimizing the foundations of internal judicial independence in administrative courts in Ukraine, considering the current socio-political context and the realities of the judicial branch’s functioning. The study presents proposals for enhancing the measures to ensure the internal independence of the judiciary in Ukraine’s administrative courts. These proposals are based on a thorough analysis of systematized and summarized empirical data from annual reports on the state of adherence to the principle of judicial independence from 2017 to 2023, documentation from Transparency International Ukraine, and a critical examination of other analytical materials, judicial decisions of the High Qualification Commission of Judges, and normative acts of the High Council of Justice. One of the priority directions for improvement identified is the development of an institutional system for ensuring the protection and safety of judicial activity, especially under martial law. The important role of the Judicial Security Service in creating a secure environment for the independent administration of justice by the judiciary, free from external pressure and threats to life and health, is emphasized. The legal aspects of the administrative and legal status of this law enforcement body, its structural organization, the range of its powers, and the specifics of its activities in conditions of armed conflict are analysed. The second key direction for optimizing the foundations of internal judicial independence is identified as the institutional support of the judicial education system as an integral element in forming a highly professional, independent, and competent judiciary. The urgent problems and challenges in this field, as well as the conceptual role and practical activities of the National School of Judges of Ukraine in adapting training programs to the current realities of the judicial system’s functioning, particularly those related to the armed conflict and the implementation of international humanitarian law standards, are highlighted. The article emphasizes that only a comprehensive approach that combines institutional security measures for judges and high-quality judicial education can ensure the proper functioning of the judicial system and the full realization of the principle of internal judicial independence in Ukraine. Consistent efforts in these directions will contribute to establishing a high level of public trust in the judiciary and the rule of law in the state.

AbstractMonetary sanctions are a ubiquitous part of punishment in the criminal legal system. In recent years, highly publicized events have drawn attention to monetary sanctions at the intersection of poverty, race, and legal system contact. The current study uses Autoregressive Integrated Moving Average models to assess monetary sanction reform legislation in St. Louis, Missouri – where the U.S. Department of Justice’s 2015 Ferguson Report implicated monetary sanctions practices as a contributing to tension between the community and the criminal legal system. We find that white defendants experienced an increase in the average amount of fines received (the punishment portion of the sentence), further, the implementation of the reform (modeled as a step function) was associated with increased fee assessments for those receiving monetary sanctions. Further, racial gaps in total assessments across Black and white residents remained, even as fees for Black defendants declined. Our findings highlight how policies can improve some parts of the criminal legal system yet remain insufficient to fully address their stated goals. [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]

This ethnographic study examines how Chilean family courts adjudicate domestic violence (DV) cases, highlighting a paradoxical shift away from their intended flexibility towards rigid bureaucratic procedure by examining the undue influence of psychological reports, which are expensive and difficult‐to‐obtain documents, on case outcomes. This research explores the role of these reports as 'legal technicalities', serving as both products and catalysts of specific social relations and tensions, and reveals an earnest yet unsuccessful effort to establish judicial authority amid poorly conceived DV reform. The article contributes to an empirical, bottom‐up analysis of authority construction techniques used in recent widespread judicial reforms in Chile, providing fresh insights into the complexities of institutional changes within these contexts. [ABSTRACT FROM AUTHOR]

This paper provides a comprehensive analysis of the challenges and advancements in Moldova's justice system reform, particularly in the context of achieving Sustainable Development Goals (SDGs). It delves into the pivotal role of the Moldovan justice system in governance and societal well-being, highlighting how its efficiency, transparency, and accessibility are essential for democracy, reducing corruption, and building public trust. The paper examines Moldova's ongoing struggles with judicial independence, corruption, and resource limitations, exacerbated by its post-Soviet transition and the need for alignment with European standards. The relevance of SDG 16, which focuses on promoting peaceful and inclusive societies, access to justice, and building effective institutions, is underscored as a key framework for Moldova's judicial reforms. The paper argues that aligning Moldova's justice system with SDG 16 is not only strategically necessary but also an ethical obligation. Improving the judicial system could lead to significant advancements in reducing corruption, enhancing public trust, and creating a stable legal environment conducive to economic growth and societal wellbeing. The paper also highlights the well-established link between an effective justice system and broader sustainable development goals in the literature. It includes a thorough literature review, analysis of justice financing in relation to SDGs, a discussion of Moldova's specific challenges, and concludes with policy recommendations and future research directions. This exploration aims to provide a nuanced understanding of Moldova's justice system reforms and their critical role in the nation's journey towards sustainable development. [ABSTRACT FROM AUTHOR]

In the protests against the proposed judicial reform that began in early 2023 in Israel, the lack of participa• Policymakers should make efforts to reduce the socioeconomic gaps between older people from minority and majority groups.tion of Israeli Arabs, especially the absence of older Israeli Arabs, was noticeable. The purpose of the present study was to investigate the attitudes of older Israeli Arabs regarding the proposed judicial reform in Israel and to explore the reasons for their absence from the protests. Semi-structured interviews were conducted with 23 older Israeli Arabs. Thematic analysis revealed two main themes. The first pertained to the attitudes of this cohort in relation to the judicial reform. Participants unanimously opposed the judicial reform and believed it could seriously harm Israeli Arabs by increasing discrimination against them in employment, housing, and the receipt of social and health services. The second theme pertained to the reasons for Israeli Arabs’ nonparticipation in the protests, which included: 1) perceiving the protests as an internal Jewish conflict; 2) being accustomed to discrimination; 3) a perceived lack of political efficacy 3) having concerns about openly expressing political positions; 4) being in poor health; and 5) being a woman. Our findings provide important insights regarding the barriers to participation in politics and decision-making processes among older people in minority groups. [ABSTRACT FROM AUTHOR]

The establishment of international judicial institutions, in particular the European Court of Human Rights, with its judgments binding on national legal systems, the improvement by national courts of methodological tools for researching and resolving court cases, as well as institutional and procedural reforms of judicial systems of the countries of the world have led to a significant improvement in the quality of justice in the current environment. As a result, the nature of the study of the circumstances of legal reality, as well as the depth of analysis of regulatory provisions by courts in the course of resolving individual cases, often contribute to the formation of provisions based on the results of the consideration of cases that are not inferior in content and significance to the rules of law created by the legislative and executive branches of government. This state of affairs is increasingly pushing for a scientific solution to the problem of "judicial lawmaking" and "judicial rulemaking" and providing a reasonable answer to the question of the legal ability of Ukrainian courts to create rules of law. The lexical and semantic analysis of these lexical constructions is the first step towards achieving the goal. The purpose of the article is to determine, by conducting a lexical-semantic analysis of the relevant terminology, the conceptual possibility of using the lexical constructions "judicial law creation" and "judicial rule creation" in relation to the activity of the court in the aspect of the assumption that its results in the form of legal provisions formed and recorded by the court may acquire the characteristics of regulatory normative-legal prescriptions. The author defines the methodological features of the study of the terminological constructions "judicial lawmaking" and "judicial rulemaking" and the features of the modern use of the term "court". The author makes a conditional grouping of scientific provisions on the definition of the essence of "lawmaking" and "rulemaking" within the framework of divergent and convergent approaches with further analysis of the respective positions of legal scholars. The author analyzes the provisions of the Law of Ukraine "On Lawmaking", which is coming into force, in terms of formalizing the category of "lawmaking". The scientific analysis is accompanied by the author's reference to the regulatory provisions of national legislation, the case law of the European Court of Human Rights, and the results of scientific legal research. The author establishes that the substantive instability at the doctrinal level of the categories "lawmaking" (law creation) and "rulemaking" (rule creation), as well as a broader substantive and historical interpretation of the relevant processes in general, determine the conceptual admissibility of the use of the entire range of conceptual and categorical constructs at the level of legal science, in particular, "judicial lawmaking", "judicial law creation", "judicial rulemaking" and "judicial rule creation". Moreover, from the point of view of the current situation, which is characterized by formalization of the category of "lawmaking" by the provisions of legislation, which also indirectly formalizes the related category of "law creation", it seems more optimal to use the terminological constructs "judicial law creation" and "judicial rule creation" to refer to the relevant court activities. [ABSTRACT FROM AUTHOR]

The article analyzes jurisdictional difference between English and Welsh law and Australian law in the approach to a priority dispute between competing successive trustee liens and the limits of judicial innovation and the opportunity for law reform. Topics discussed include juridical nature of the trustee's rights of indemnity and lien, nature of the first in time rule and judicial support for its application between trustee liens under Australian law.

Reflecting on the state of the federal judiciary in the aftermath of the Biden Commission report and subsequent controversies, this Article identifies problems with the current operation of both the Supreme Court and the lower courts that make up the Article III judicial pyramid. Many federal issues have been assigned to non-Article III tribunals, courts poorly structured to offer the independent legal assessment that such Founders as James Wilson prized as they structured the federal judiciary. Meanwhile, the Supreme Court devotes growing attention to a slice of highly Salient public law questions, including those presented on the shadow docket, thereby slighting matters of private law and fueling dysfunctional decision-making. Instead of jurisdiction-stripping and court packing, two controversial proposals for court reform, this Article proposes modest jurisdiction stuffing. By that, the Article means jurisdictional provisions that will expand the Court's mandatory appellate docket to encompass a broader range of matters, without unduly burdening the Court. Among its proposals, the Article suggests some broadening of the Court's mandatory review of state court decisions, some expansion ofthree-judge tribunals to clarify the factual and legal issues that now occupy the Court's shadow docket, and some as-of-right review of a slice of Federal Circuit decisions that implicate matters of private law. The Article proposes novel filtration rules to select cert-worthy issues for mandatory review. [ABSTRACT FROM AUTHOR]

Some people claim that the United States Supreme Court--which is currently dominated by a conservative supermajority--is in a legitimacy crisis. Unsurprisingly, many people are, therefore, calling for institutional reform. Several types of reform proposals have been presented over the years. This Note evaluates and presents a normative claim concerning a particular group of reform proposals: "personnel" or "composition" reform proposals-- those reform proposals that directly address the number of Justices, when Justices get replaced, how seats on the Court are allocated, and which Justices hear cases. This Note proceeds in three Parts. Part I provides an overview of the legal background, including the constitutional provisions and the corresponding doctrine, understandings, and norms concerning the Supreme Court. Part II discusses and evaluates current personnel and composition reform proposals, including altering the number of Justices, introducing term limits, allocating seats on the Court based on partisanship, and mandating that the Court decide cases as panels. Part III discusses the problems common to these personnel and composition reform proposals that emerge after evaluating them. This Note then concludes that reformers should jettison the notion that personnel and composition reform proposals can solve all of the Court's legitimacy problems on their own. Instead, reformers should consider and develop other, more neutral types of reform proposals that do not fetishize directly changing the Court's personnel and composition in order to reduce its politicization. Reformers' fixation on the Court's current personnel and composition is understandable, but focusing long-term institutional reform efforts on changing the same is misguided and counterproductive. [ABSTRACT FROM AUTHOR]

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego 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 First Step Act of 2018 was signed into law by President Trump in December of 2018. This Act sought to adopt a less-retributive approach on sentencing while advancing criminal justice reform toward reducing excessively long federal sentences. This Note will specifically focus on section 403 of the Act. Section 403 was created to eradicate stacking sentences from second or subsequent convictions within the same indictment. Following the enactment of the First Step Act, only defendants with a prior conviction from a separate, prior indictment would be subject to the imposition of the higher mandatory minimum sentence. The issue that has arisen from the enactment of section 403(b) of the First Step Act is the question of which cases may apply to get a reduced mandatory minimum sentence under the new Act. Circuit courts have split over determining the scope of the Act’s retroactive application to convictions that occurred prior to the First Step Act’s enactment, where the original sentences have been vacated. Specifically, the question is whether the language in section 403(b) of the Act is meant to include sentences that were vacated before and or after the enactment. This circuit split is causing an unfair disparity in federal sentencing with some defendants having access to the First Step Act’s section 403(b) benefits, while others are not. Currently, section 403(b) states that the First Step Act applies to offenses committed before the Act where a sentence has not been imposed since the date of the Act’s enactment. To address the disparity, the wording of section 403(b) must be more specific as to which sentences fall within the Act’s scope. This Note argues that for offenses committed before the date of enactment, the Act should be applied to sentences that were vacated before or after the enactment, as long as the original vacated sentence was inconsistent with the First Step Act’s prohibition of stacking second or subsequent convictions under the same indictment. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica 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.)