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Conference Paper
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Pour ses dix ans d’existence, la revue Politiques de communication organise un colloque international dont l’ambition est de proposer une réflexion d’ensemble sur « l’emprise de la communication » dans la structuration des espaces sociaux contemporains. L’ambition de ce colloque est de regrouper et de faire dialoguer des études empiriques visant...
Preprint
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Forthcoming in 47 European Law Review 2022, please consult the Review for the final paginated version The Court of Justice outlawed the deprivation of EU citizenship in the context of the swaps of nationalities of the Member States of the European Union. Although this outcome is both welcome and long-awaited, the decision falls short of expectatio...
Preprint
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Drawing on 2,250 minutes of audio recordings, this article reported the interpretation of tag questions in virtual courtroom examinations. As an important stylistic feature of the power differential, tag questions are strategically employed by opposing counsels in adversarial courtrooms. However, little has been known about the interpreters' rendit...
Preprint
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This study aims to clarify what is meant by accelerating the suspension of execution as well as to unearth the conditions of the moratorium necessary for the court to respond to the request. The study also aims to clarify the legal nature of both the request of the moratorium and the ruling issued in respect as well as the effects of its ruling. Th...
Article
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Smart contracts (i.e., agreements enforced by a blockchain) are supposed to work at lower transaction costs than traditional (and incomplete) contracts that instead exploit a costly legal enforcement. This paper challenges that claim. I argue that because of the need for adaptation to mutable and unpredictable occurrences (a chief challenge of tran...
Article
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Unlike other counterfeit products, automotive components are hidden from view and, at least by the lay person, little understood. While the potential scale, scope and impact of the problem is vast, knowledge of this illicit trade is limited. In seeking to contribute to the existing literature on the counterfeiting of auto components, this article f...
Article
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REA(S): direito público. RESUMO: Ao relacionar Direito e História, a pesquisa problematiza a existência de uma multiplicidade de entendimentos jurisprudenciais entre regiões brasileiras e como isso pode afetar a isonomia e a segurança jurídica. Discute-se qual a influência histórico-regional nas decisões jurisdicionais e até onde a cultura e a cons...
Article
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On 24 February 2022, a martial law was imposed in Ukraine in connection with russia’s military aggression against Ukraine. This put new living conditions for Ukrainian society and state power institutions on the agenda. The judiciary is among them, and its sustainable functioning is a component of the state security, the sovereignty of Ukraine and...
Technical Report
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This technical report presents the results of the evaluation of the project "Standardization of social work in counseling, education of parents in a divorce/separation situation" (reg. no. CZ.03.2.63/0.0/0.0/19_098/0015133), which was implemented by Academic Institute Karviná in the period June 2020 – May 2022. The project was co-financed from EU f...
Article
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A child who takes the witness stand against the perpetrator is often at the highest risk and is prone to vulnerability. Protection of child witness is a fundamental principle in law which should not elicit debates at any point. However the challenge for the courts is to balance the competing interests between the state's obligation to protect child...
Article
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In the Parliament of the Republic of Moldova a project is examined, in which it is proposed that, in case of illicit enrichment, the burden of proof falls not on the state (as it is now), but on the perpetrator. If this project is adopted, there is a probability that in the Republic of Moldova the situation that was attested in 2019 in Ukraine will...
Preprint
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In a case before Calcutta High Court, Division Bench observed that there is no scope for doubt any more that the right to life enshrined in Article 21 of the Constitution of India includes the right to life with dignity. Division Bench agreed with the submission of the petitioner that living with dignity includes not only the dignity of a person wh...
Article
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O presente artigo tem como finalidade analisar a racionalização das decisões na ADPF 671 (direito universal à saúde) e na ADI 6357 (não apli-cação da "regra de ouro" em respeito aos direitos fundamentais) da Suprema Corte que tratam dos "conflitos" constitucionais envolvendo a escassez dos recursos públicos e as garantias dos direitos fundamentais,...
Article
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The issue of the relations between the European Court of Justice and the constitutional courts of the Member States is a topic of great importance. The latest proof of that is the PSPP judgement of the German Constitutional Court. It has also shown what might happen if judicial dialogue is abandoned. The aim of the paper is to consider the conseque...
Article
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Les nombreux cas de COVID-19 dans les centres d’hébergement et de soins de longue durée (CHSLD) forcèrent le gouvernement à réagir à ce qui fut qualifié d’« urgence nationale » par le premier ministre québécois. Cet article a donc pour objectif de mettre en exergue les facteurs politiques et organisationnels ayant joué un rôle central dans la détér...
Article
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The legal right to be heard by a judge is an important human right. However, what happens if a claimant does not meet the requirements of legal communication when given the opportunity to be heard in court? In this article, I address this question by exploring how temporal, spatial, and relational conditions encourage or silence vulnerable clai-man...
Conference Paper
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Two potential measures for increasing water use efficiency in a municipal sports center were evaluated: (1) the reuse of water originating from showers in the flushing toilets in the indoor football court building; and (2) the reuse of water from swimming pool filter backwashing for irrigation. In the indoor football court building the total annual...
Article
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Dissociative identity disorder (DID) is a dissociative disorder that gained a significant rise in the past few decades. There has been less than 50 DID cases recorded between 1922 and 1972, while 20,000 cases are recorded by 1990. Therefore, it becomes of great significant to assess the various concepts related to DID to further understand the diso...
Article
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Mon article porte sur le discours autobiographique des anciennes détenues politiques roumaines sur la violence politique subie à l'époque communiste, mais également sur les diverses mémoires du communisme qui ont eu leur impact sur ce discours mémoriel. Il a comme point de départ ma recherche doctorale qui s'est déroulée entre 2003 et 2006 et qui a...
Article
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The Trump administration was unusually aggressive in using an obscure set of tools to undo the Obama administration’s regulatory legacy: Congressional Review Act disapprovals, requests that courts hold in abeyance pending cases challenging Obama-era regulations, and suspensions of final regulations. These actions could be seen as part of the Trump...
Article
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Medical profession is highly respected in the society in the society. Doctors in private practice or in hospital services try their best to treat patients with due care and diligence. Even then there are many medical negligence claims which come before consumer Courts and also before criminal and civil Courts. The Consumer Protection Act, 1986 in I...
Article
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In addition to legal considerations, what other factors correlate with and seem to affect fines companies are assessed when they commit an environmental crime? Relying upon the treadmill of crime theoretical framework we hypothesize that companies committing environmental crimes in poor and minority dominated communities will receive lower relative...
Article
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The objective of this paper is to examine the nature and scope of the relationship between the support of the legal community for the judiciary and judicial empowerment in Pakistan. It also evaluates the nature and scope of judicial empowerment which increased due to the support of the legal community for the judiciary in Pakistan during the m...
Article
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Bu çalışma, Osmanlı maliyesinde 19. yüzyılın ikinci yarısında tesis edilen divan-ı muhasebatın aynı dönemde devlet gelir ve giderlerinin bütçeye ve kanuni hükümlere uygunluğunu incelemek ve onaylamakla görevli bulunan Avusturya-Macaristan, Almanya, Belçika, Fransa, İngiltere ve İtalya divan-ı muhasebatları ile bir mukayesesini yapmaktadır. Bu kıyas...
Article
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The state has represented the sole legal person of international law since its inception under the Westphalian system in 1648. It has continued to exercise the role of the only person in customary international law. With the change in the reality of international relations in the wake of the World War and the shift towards comprehensive internation...
Article
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Ours is a developing nation, because of which many a things in our country is experimented with time and implemented. One such law is the "Insolvency and Bankruptcy Code of 2016". The terms "insolvency" and "bankruptcy" are not synonyms to each other, but are used together. Insolvency basically defines "a state of being insolvent" or rather we can...
Article
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Users of the internet has been increased exponentially over a period of a decade, and the ease of using the internet has also been seen by a more user friendly interface so a large number of people can access and use the internet daily. Many new social media intermediaries are emerging and are being used by most people using the internet for co...
Preprint
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Perpetual land lease in Latvia is a situation, as far as I am aware, unknown to any other country in the world. This is a relationship between a landowner and building owner, where the land and building are owned by different persons. Emerged as a byproduct of property reform, this is a compulsory relationship, whereby the landowners are the ones w...
Article
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An evaluation of the consequences of the Supreme Court's ruling in "Reference 1 of 2022", reinterpreting Article 63A of the Constitution of Pakistan, in light of July's contested election for the Chief Ministership of the Punjab. The decision's main legal innovation - the nullification of votes cast against party directions in confidence votes - de...
Article
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In brief this piece upon some preliminary deliberation on what is a "foreign court" discusse the main methods from quoting decisions of other jurisdictions, used in official acts of the Constitutional court.
Preprint
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If a court knows that a respondent knows the password to a device, can the court compel the respondent to enter that password into the device? In this work, we propose a new approach to the foregone conclusion doctrine from Fisher v US that governs the answer to this question. The Holy Grail of this line of work would be a framework for reasoning a...
Article
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The doctrine of exhaustion means that courts refrain from adjudicating over matters before them, where there are other alternative remedies and fora that can aid in resolving the labour disputes before the Court. It is also referred to as the doctrine of exhaustion. The courts have therefore frowned upon acting in contractual disputes, where part...
Article
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Based on a panel of 144 developing countries for the period from 1960 to 2020 and using the duration model, our estimates focused on two (02) groups of countries, namely African countries, and countries outside Africa. For the latter, the results showed that democracy is a factor that strengthens their resilience insofar as it intervenes to support...
Preprint
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HKLII has served as the repository of legal documents in Hong Kong for a decade. Our team aims to incorporate NLP techniques into the website to make it more intelligent. To achieve this goal, this individual task is to label each court judgement by some tags. These tags are legally important to summarize the judgement and can guide the user to sim...
Article
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Universidad Nacional de La Pampa Resumen: El presente artículo versará sobre el análisis del control de constitucionalidad que se desarrolla en nuestro país, analizando en qué instancias entiende nuestra Corte Suprema que el mismo es procedente. Lo que busca es reflexionar sobre si es adecuado o no mantener la idea que el ejercicio del control de c...
Article
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Datuk Kalampayan's political communication research began with his contributions to the government of the Banjar Sultanate, such as the establishment of an advisory body to the Sultan, the establishment of a juridical institution known as Karakatan Qadhi as the forerunner of today's religious courts, the writing of fiqh books of worship in Malay at...
Article
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The analysis of equality in the civil process, through the parity of arms, imposes a historical reconstruction of the legal institutes, seeking to better understand the problems of our present. The parity of arms has had greater recognition and attention in criminal matters as a component of the fair trial. Hence the need to initially locate the pr...
Preprint
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The Maharashtra State Medical Council has directed removal of the petitioner's name from the register of the Council for a period of two months from the date of the order. It is also directed that the punishment of removal from the register has to be implemented after the appeal period is over. The appeal preferred by the petitioner before the Ethi...
Article
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The article suggests that PTI has strengthened the electoral process in the country by becoming the first political party that runs its political campaign from donations instead of relying on the financial support that is accrued in Pakistani politics traditionally with most of the funds channeled through informal means and difficult to document un...
Article
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This paper examines the intersections of fundamental rights and European banking supervision. It contributes to a more nuanced and refined understanding of the importance of European Union (EU) fundamental rights for supervised banks in the absence of an EU-wide administrative code. Since 2014, the European Central Bank (ECB) has assumed prudential...
Article
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RESUMEN Se analiza la legitimidad del nombre comercial, ante registro de marcas y denominaciones sociales, en decisiones del Tribunal de Justicia de la Comunidad Andina, pues hay ambigüedad sobre sus funciones y escasa articulación entre las Cámaras de Comercio, entidades que gestionan el registro mercantil, y oficinas de propiedad intelectual. Se...
Conference Paper
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Résumé Comme dans d’autres régions d’Europe, les rivières constituaient un aspect important de la vie de la population de l’âge du Fer en Ulster, la province la plus septentrionale de l’Irlande. Les rivières étaient le centre d’actes rituels, un moyen de transport et servaient probablement aussi de frontières politiques. Les rivières de l’Ulster (e...
Article
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The effects of working circumstances and intended uses on the transcripts of police interrogations cannot be underestimated. In the Netherlands, police transcripts are usually drawn up in the course of the interrogation by the interrogator or, when two police officers conduct the interrogation, by the reporting officer. Contemporaneous transcriptio...
Preprint
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The general topics of communication and public speaking are covered in the book "Communication and Public Speaking." The goal of the book is to provide readers with a theory has been supported of several dimensions of communication and public speaking. This will be used by guidance counselors, administrators, students, teacher aspirants, and educat...
Conference Paper
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Agent-based modeling has been largely overlooked in international legal research, even though it could be used to gain insights into the highly complex processes of state behavior relevant to international law that can only be insufficiently addressed with other methods. On the basis of a concrete application-state compliance with European Court of...
Article
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We implemented a user-centered approach to the design of an artificial intelligence (AI) system that provides users with access to information about the workings of the United States federal court system regardless of their technical background. Presently, most of the records associated with the federal judiciary are provided through a federal syst...
Article
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This paper aims to discuss the constitutional interpretation of the principle of state neutrality towards religions and convictions in a comparative law perspective. Focusing on cases relating to prohibitions on the wearing of religious symbols or dress in the public sphere, we will contrast interpretations deployed in Belgium by the Constitutional...
Thesis
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Food security needs to address both the physical and financial access to food. Livelihood security is not just an issue of livelihood, in any case, a progressively specific proportion of the section on good nutritional nutrition of families and people. Appropriately, sustenance security is researched nearby the tomahawks of straightforwardness, get...
Article
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The historical development of the Soviet-Russian Criminal Justice System shows that there are ongoing negative attitudes towards acquittals amongst law enforcement agencies in Russia. Each period of acquittal rate rise is scrupulously monitored and controlled. Today, an acquittals spike in modern Russia is happening by virtue of Jury Reform, which...
Article
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Precise and reliably tracking of players’ position during the action or during the game is important in many sports. Our motivation was to investigate and validate the use of ultra-wideband (UWB) systems for various player and coach applications that depend on tracking the position of the player and possible related events. We developed and impleme...
Article
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On July 1, 2016, the US Department of Education’s “Rule 164” went into effect. This rule stipulated that: colleges “may include the costs of books and supplies as part of tuition and fees;” the books or supplies must be “below competitive market rates…” And a student may opt out of the program. This procedure became known as Inclusive Access (IA)....
Book
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In 1954 the U.S. Supreme Court ruled that state laws establishing racial segregation are unconstitutional, declaring "separate is inherently unequal." Known as a seminal Supreme Court case and civil rights victory, Brown v. Board of Education resulted from many legal battles that predicated its existence. Marisela Martinez-Cola writes about the man...
Article
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Reported murder cases where the body of the suspected deceased is missing are quite rare. Although one’s inherent sense of logic would militate against prosecuting such a case, no common-law rule or statute prohibits the State from pursuing it. Faced with the onus of proving all the elements of the crime of murder, the State will bear a heavier evi...
Presentation
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The role of character evidence in court as a potential source of bias has been hotly debated, yet the empirical evidence on the effects character evidence might have on legal reasoning is scarce and has rendered mixed results. In this paper, we aim to (1) shed more light on the potentially biasing effect of character evidence, and (2) directly test...
Article
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It has been a voluminous question whether the custom of handing over of a bride is a compulsory requirement to affirm a customary marriage valid, this issue is relevant in several case laws, and in the context of those cases, this issue ascertains its regulation from the Recognition of Customary Marriages Act which provides with the requirement...
Conference Paper
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In this scenario, we need to discuss on Clear proof of usage will outweigh the written text of law. This point has many view from the court decission and research outcomes. Generally, custom and Usage is source of Hindu Law, and the question is whether it can Overrides Written Law or not. In the question itself clear that, if there is a strong cust...
Article
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Article 38(1) of the 1992 Constitution of Ghana provides that ‘the state shall provide educational facilities at all levels and in all the regions of Ghana, and shall to the greatest extent feasible, make those facilities available to all citizens’. ‘Feasible’ in plain language means ‘if possible’. This means that if it not possible, educational fa...
Article
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The development of intellectual property laws in the UK with the developments under the European laws and case law of the Court of Justice of the European Union.
Conference Paper
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This article analyzes the essence of the reforms being carried out in recent years to improve the system of administrative courts, the existing problems and issues of their elimination. Also, the activity of administrative courts was analyzed on the basis of statistics.
Article
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It is an unbeatable dubious fact that the United Nations plays a significant role in our world. Since its establishment, its main goal is to be a beacon of international peace and security altogether means. However, the organizations recently suffered from lots of institutional, political and other problems, in addition as problems within its ma...
Article
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With notable and growing exceptions, there is a dearth of research on mechanisms by which youth in foster care build resilience and achieve positive outcomes. We report on data from an interview study with young adults exiting or recently exited foster care in Maryland (N=15) designed to understand what facilitates their engagement with courts. Our...
Article
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Victor O. Ubaka Esq offers critical scrutiny of the objections on likelihood of bias raised by Akintayo Balogun Esq against the decision of the National Industrial Court intervening in the remuneration of judicial workers. The author contends that the likelihood of bias does not exist in this case on account of the restrictive understanding and a...
Article
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The results of Ghana's 2012 and 2020 elections were challenged in the nation's Supreme Court. Even though the court processes in both cases did not alter the election results, they nevertheless exposed monumental flaws in the electoral processes. The flaws in the 2012 electoral processes were exposed at the Supreme Court and featured in the final j...
Article
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This poem is a commentary on the US Supreme Court’s majority decision to overturn Roe v. Wade. The Poem speaks of the coercion and abuse of females by males due to the potential for impregnation and abandonment that might occur, in order to comment on abortion rights being struck down in the United States. In no way do the authors infer that such f...
Research
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Prologue “A society without access to justice for everyone is a society where injustice can come to anyone” Access to justice is one of the fundamental rights of every human being. We can seek access to justice formally through the Court of Justice as Courts have the procedural system of providing justice. But still this is not a sufficient mode to...
Article
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This article explores the judicialisation of party primaries in contemporary Nigeria, which is a defining feature of the country's electoral process. Since the inception of the Fourth Republic, the lack of internal party democracy within the parties has been the source of protracted crises during nomination, and this often gravitates to the serenit...
Article
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The paper refers to Paragraph 4 of Article 19 of the Constitution, which says: "agricultural land, as a resource of special importance, can be owned only by the state, a self-governing unit, a citizen of Georgia or a union of citizens of Georgia. Exceptions may be possible by an organic law enacted by a majority of at least two-thirds of the total...
Article
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Strong inferences are drawn from police-worn body camera (BWC) footage, frequently without an assessment of reliability. Unique characteristics of BWC footage (i.e., capturing trends and less frequent behavior, a focal actor (officer) is absent) suggest a specific reliability strategy. A three-step strategy of selecting appropriate reliability inde...
Article
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A major impediment to justice for rape in Bangladesh is the colonial rule of corroboration, which requires judges to verify the truthfulness of a rape complainant's testimony with other evidence. Medical evidence is the most commonly sought mode of corroboration and can be used to contradict the complainant's own testimony. The corresponding rule o...
Book
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This book is a collection of articles on the debate on water privatization in Indonesia published or presented, on various occasions before and after the enactment of Law No. 7 of 2004, and after the first judicial review of this law at the Constitutional Court.
Thesis
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The administration of Justice is one of the primary functions of the state. The Constitution of Nepal has clearly entrusted the responsibility of the administration of Justice to the Judiciary. The Judiciary is one of the institutions on which rests the noble edifice of democracy and rule of law. It is the Judiciary that is entrusted with the task...
Article
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This article examines the right to commercial speech that has been read into the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. Restrictions on this right are only permitted if they come within the ambit of the exhaustive list of reasonable restrictions under Article 19(2), under which public health i...
Article
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Legal scholars have been trying to predict the outcomes of trials for a long time. In recent years, researchers have been harnessing advancements in machine learning to predict the behavior of natural and social processes. At the same time, the Brazilian judiciary faces a challenging number of new cases every year, which generates the need to impro...
Article
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Medical disputes between patients and health workers place medical records as a vital document for evidentiary in a court proceeding. The existing law and regulations in Indonesia determine that the medical record file is owned by the health service facility, while the patient receives a summary of the medical record. This study aims to analyze med...
Article
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Bankers are always found in a difficult position in managing deceased accounts because they are in a great dilemma as to whether they should follow section 103 of the Bank Company Act to pay the money to the nominee or abide by the succession order issued by the court to pay the successor(s). According to Section 103 (3) of the Bank Companies Act,...
Research
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This study focused on records management practices and administrative effectiveness of the judiciary in Lagos State, Nigeria. This study adopted a survey research design. The target population for this study consists of the administrative staff of the Lagos State High Court which includes court clerks, lawyers, registrars, verbatim court reporters...
Article
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Published as part of a Blog Symposium (Volkerrechtsblog) on ' Past and Future of the ICC' Title: ' Back to the Drawing Table! The International Criminal Court Should Have Jurisdiction over Aggression in All Situations'
Article
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To support the 2019 U.S. Supreme Court case “Flowers v. Mississippi”, APM Reports collated historical court records to assess whether the State exhibited a racial bias in striking potential jurors. This analysis used backward stepwise logistic regression to conclude that race was a significant factor, however this method for selecting relevant feat...
Article
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In a judgment of 2018, the Court of Appeal in Kraków finally decided that the defendant’s position, demanding specific claims in connection with the necessity of shaving a part (i.e. shortening) of a beard while in prison, is unfounded. In this publication, we want to analyze the scope of legitimate restrictions on the violation of freedom of manif...
Chapter
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Child marriage has been a persistent problem in the Indian society. It has a close nexus with bride trafficking in India. One of the fundamental causes of such problem is ramping level of female foeticides in several regions of the country. Many steps have been taken by the Indian government as well as civil societies to curb this menace. But these...
Article
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Russia has carefully employed its military and diplomatic tools of statecraft in the Syrian conflict. The Syrian war has been a quagmire with the diversity of actors involved having national, regional, and global interests. Russia's decisive role and direct involvement in the conflict has brought it to the forefront of Middle Eastern politics. Russ...
Chapter
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The main argument presented here is that the criminal proceedings against Netanyahu led to an overlap of his personal interest in escaping the clutches of the law and the aspiration of the parties that compose the right- wing- religious bloc— the Likud, the ultra- Orthodox, and national religious parties— to rein in the courts
Article
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We address the issue of spatial justice with reference to Asian elephant conservation and the handling of animals perceived to be problematic in the Sigur region, Nilgiris Biosphere Reserve, southern India. In this village-dotted region, the need to create corridors to facilitate elephant movement was challenged by tourism operators. The courts rul...
Article
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The Supreme Court's decision in Dobbs did not increase democratic representation. https://theconversation.com/overturning-roe-is-not-making-laws-reflect-what-people-want-new-survey-highlights-flaws-in-supreme-courts-reasoning-in-returning-abortion-authority-to-states-187138
Article
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When confronted with emails and texts that include emojis or emoticons, attorneys may query: Do those images speak the truth? Is the truth open to more than one interpretation? How can those images be used against the opposing party? How can a client’s use of emojis be beneficial or detrimental to their case? It’s a changing world. Emojis and emoti...
Article
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This is a case study of In re Pareteum Securities Litigation, a federal class action lawsuit filed in New York City on February 26, 2020. The plaintiffs consist of the group of stockholders who purchased Pareteum Corporation’s (Pareteum) stock during the period of December 14, 2017 through October 21, 2019. During this period, Pareteum significantl...
Article
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The fight against white-collar crime requires side judge to add to the head of the court, to increase justice and not only the law
Article
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General elections, which are carried out honestly, fairly, consistently and continuously, are efforts to maintain a democratic climate in every country. As a country that upholds democracy, Indonesia always strives to carry out general elections in an honest, fair, consistent and continuous manner every five years, as mandated by the constitution....
Conference Paper
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Listening Activity for a Zoom lesson on "Persons in Court".
Preprint
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Experimental psychologists investigating eyewitness memory have periodically published “consensus documents” that reflect widely held scientific opinion on eyewitness memory phenomena. The last consensus document that aimed to inform the court was published two decades ago. The science of eyewitness memory has changed considerably since that time a...
Conference Paper
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Indian English Drama in Translation has a long history. In i, Vijay Tendulkar occupies a remarkable place. He has produced dramas in Marathi which have been translated into English. His Plays in translation such as Silence! The Court is in Session!, Kamala, Ghashiram Kotwal, and Kanyadaan are considered as the impeccable art of translation in Engli...
Conference Paper
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The Minister of Trade Republic of Indonesia has stipulated the obligation to use a Letter of Credit to export certain items since July 2015. The critical problem in the Letter of Credit is the discrepancy in the presentation document of the Letter of Credit. Discrepancies will invalidate the bank's payment undertaking. Hence, there is a risk that t...
Article
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With recent constitutional developments and restoration of judiciary in Pakistan, judiciary sought autonomy from other state organs including Parliament, which opened up another debate for legal scholarship. The Supreme Court, for various reasons, presumed itself as representative of the public will and challenged supremacy of Parliament. With qual...