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Looking for research focus on mood disorders identified while going through divorce/family court system and subsequent impact on work performance. I am interested in how adversarial processes (legal remedy systems) impact mood and work function.
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سؤال قيم كنت اتمنى الإجابة
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would be very grateful if some recommendations are made on the relevant cases or articles to read to help. thank you.
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Probably due to lack of proper timing and consistency, among other social issues....
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Do you consider mediation or other ADR method (alternative dispute resolution) as an efficient and suitable method for settling international trade disputes with pharmaceutical products? Why? Pro & cons arguments?
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Dear Colleague,
ADR proceedings are ideal for a highly technical are of expertise such as pharmaceuticals in general. This is because you have more often than not that presumed plaintiffs and defendants are both seasoned traders in the same sector, who understand well the ins and outs of the industry the dirty tactics and the legitimate manouvres of the players in the market, therefore, they will be talking business within carefully articulated and constructed legal arguments within the confines of the law, in the language and the mentality they are bound to understand. At the same time the lengthy legal procedures in a court of law cost money, in ADRs procedures are more expedite at the same time you have technical experts that are making the talk. Unless not presiding on procedures in special courts the adjudicators most often are not technically competent in the field they are requested to submit thier relevant judgment. Moreover, both parties in the contentious dispute do sometimes clearly understand the profitable and viable compromise both have to reach, therefore litigation in court apart from being costly, and lengthy, walking in the dark woods of legality may result in an outcome which although legally valid and correct, will not result in the most suited or convenient outcome. Apart from the fact that it is a fiction to ever consider a law complicated and detailed as it may be, gapless. This means there may be moot points in the law, or situations that the business world may create that the law is unable to solve neatly and unambiguously. In ADR proceedings contemporary usage and business sense of both parties can result in a workeable solution for instances that are not necessarily possible to resolve without arbitrary interpretation of the law. Ideally, mediation is the best option, because psychologically both parties sit down round a table as equals. Arbitration is another alternative, but it can be complex and costly especially when a compromis has to be agreed upon, with the richer party having an upperhand and cunningly doctoring the outcome of the arbitration proceeding. ADRs, are to be explored and analysed within the context of globalised trade, and the jungle of arbitration clauses, most often cropping up in arbitration procedures. In mediation it is most often the norm to speak the language of the jurisdiction where the issue of concern has occurred, in view of reaching an amicable settlement.
However, I still believe that the choice between ADR proceedings especially mediation and court litigation rests on the overall command over the journey a company is pursueing and the readings of the signs of time. If one is envisaging the destination in his vision and wants to reach it as quickly as possible, ADR proceedings have to be pursued, if on the other hand, a company is seeing that it is a defaulting party and legally its position is written on the wall, and it needs to buy time because it is to blame for a percieved misdoing, then judicial litigation can be the option, especially, if it can get away with murder because of a technical loop hole for example.
As is the case in business generally one has to leave his/her options open and choose the appropriate strategy according to the exigencies of the companies business goals and ambitions.
I hope this was of help,
Stefan Vella
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In my LLM thesis, the research objective and questions decided to employ mixed method and doubted the data analysis technique.
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Generally speaking, there is no one analysis technique for mixed methods research. Instead, the techniques for analyzing the qualitative portion of the study will use procedures from qualitative research, and the quantitative portion of the study will use procedures from quantitative research. Beyond, that you will need to think about how to integrate the two sets of results, and that will depend on the purposes of your research and the research design that you used.
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I would like to know the international and regional journals for publication
I want to know the websites of the magazines to communicate with.
I have a legal research (the field of labor law) I want to publish, and I do not know about a good publication magazine
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Try the American Bar Association Journal of Labor and Employment Law.
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A content analysis of Canadian arbitration cases over the past 10 years, would be the most effective way to gather documented evidence on how social media related human resources issues are being ruled upon by arbitrators.
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Any law contains rules for discipline and dismissal of employees, and the employer may, in accordance with his disciplinary authority, sign the penalty of dismissal in accordance with the provisions of the law and with due regard for the legal guarantees; the information collected through the websites or other information must be well checked and presented to the worker. The worker's behavior should negatively affect the interest of the labor (Egyptian labor law).
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Various pieces of academic writing indicate that there is no definitive criteria which must be satisfied in order for a judiciary to be considered institutionally independent. I am interested however in finding out whether there is at least a minimum set of values which ought to exist.
I'd appreciate any comments or suggestions of texts I ought to read.
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وفقا لكل القوانين في الدول ينشأ القضاء مستقلا استنادا إلى النصوص القانونية .ولكن استقلال القضاء الحقيقي ينظر إليه من الناحية السياسية للدولة
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Could anyone find the originial text of Judiciary Act of 1789?
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The Canadian Bill C-13: An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act was enforced on March 9, 2015. This law is "to protect “personal integrity” when it comes to sharing images and information online" (CTV news report)
I would like to know if anyone has any knowledge or recent articles concerning any cyberusers have been prosecuted under this anti-cyberbullying law in Canada so far? Are there any report on deficiencies of this law? 
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If we talk only about countering cyberbullying, it means regulating only a small part of the problem. The impact on humans through telecommunications is much more extensive. For example, in Russia, a huge problem is cybersuicide. I consider that it is necessary to develop a comprehensive law that will protect the person from any impact through the Internet and other telecommunications. This problem should be solved not only by the forces of individual states, but also by international law.
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advantages of the adversarial  system
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Hi. This is an interesting question. It strikes me that some of the differences can be counted as either benefits or detriments, depending on answers or assumptions regarding wider questions of how best to organize a society—in particular, whether a society should be more privatized or less so.
As one sees in the United States, an intensely adversarial legal system that tends to give the litigating parties overall control over both civil procedure and litigation in general tends toward a massive privatization of the legal system and court process. From the perspective of neoliberalism, which obsessively favors privatization of societal institutions and the erosion or eradication of traditional public institutions, this clearly would be a benefit.
In keeping with Liviu Damsa’s observations, the U.S. adversarial legal system clearly tends to take “justice” out of the hands of the public in general and delivers it into the hands of lawyers (and those who can afford their services). A legal system with extensive rules regarding formal pleading is a system inherently controlled by lawyers and those who can pay for their services. The traditional Blackstonean and pre-Blackstonean English common law system had even more elaborate procedural requirements than most legal systems tend to have today, and was a system that served the interests of aristocrats, gentry, and especially lawyers as such. Such formal pleading requirements were relaxed somewhat over the course of the nineteenth century in the United States and other Anglophone nations, but enough remains that the legal system and court system remains largely inscrutable and inaccessible to lay people without the assistance of lawyers who can use the “magic words” that can open the doors of the court and get its attention.
It is somewhat ironic, perhaps, that the participants in one of the world’s first great democratic revolutions, the American Revolution, maintained a legal system that favored aristocrats and aristocratic values—though that may just further illustrate the point that various historians have discussed, that the American Revolution was in many fundamental ways only moderate or even conservative compared to the French Revolution or other later revolutions, hearkening back to mythical ancient freedoms of “free-born Englishmen” rather than looking forward to confront modernity in self-consciously new ways. [Granted, the American Revolution was a mix of both impulses in practice, and as such might represent yet another example of what historians have described as “backing into the future,” or confronting modernity by clinging fancifully to mythical earlier traditions.] Anyway, it strikes me as ironic that Americans, who were largely products of the Protestant Reformation who had tended to embrace each individual’s right to read and interpret holy scripture and to toss out the requirement of a priest to interpret scripture (in Latin!), should nevertheless adopt a more Catholic-style approach to the legal system in which a lawyer, like a priest, was needed to speak and interpret the quirky, semi-foreign language of the law and get access to justice. [But I probably shouldn’t overdo America’s early Protestantism, because many of the original colonies remained dominated by the Church of England, which back then even more than now remained relatively close to Catholicism, including the use of Latin.]
In theory, justice is not something that may be bought; but in reality and in actual practice, procedure does tend to be something that can be bought, as well as used as a weapon by those knowledgeable and experienced in manipulation of procedure against those who are not. There’s a famous quotation that I think is attributed to long-time U.S. Congressman John Dingell of Michigan (though it might date back to an even earlier time) to the effect that, “I give you substance and you give me procedure, and I’ll screw you every time.” That statement expresses the realization that wherever substantive justice might lie in a given case objectively or in theory, whoever controls procedure has great leverage over the actual, subjective outcome of any given subjective court proceeding. [And the same goes for mastery and manipulation of America’s complicated rules of evidence.] In American-style adversarial litigation where the judge is supposed to sit as a passive neutral referee over the litigants’ ongoing procedural badminton game, whoever can afford the most, and highest-grade, procedural maneuvers has a huge advantage. Large, high-priced firms and experienced, high-priced litigators will be more familiar with the wide array of procedural motions and tricks that potentially may be tried, and litigants with deep pockets can pay for such procedure, which in practice tends to give the wealthy and their attorneys multiple “bites at the apple” of justice that poorer litigants with less experienced attorneys cannot afford.
That’s all sort of vague and general, but here are some more specific points. Some of this is drawn from various articles by Maximo Langer, a law professor out at UCLA who has studied differences in legal systems and legal procedure as reflected in international war crimes tribunals (where judges from common law systems and civil law systems have to come together to agree on hybrid procedures for how to prosecute war crimes defendants).
One thing the American adversarial system and its corresponding civil procedure does a lot, I guess more so than Napoleonic Code-derived legal systems traditionally have done, is to allow and actively encourage parties to settle cases, really at any time in the litigation from the very beginning to just before a judge or jury verdict might be issued. This has the effect of massively privatizing the law in a sort of interesting way. That is, although the litigants are using the (publicly funded) court apparatus for resolving their dispute, they also can pull the litigation out of the public realm and convert it to a (mostly) private matter at almost any time by settling, with the court’s/judge’s blessing. At one level, this is perhaps efficient and a benefit as such: cases are resolved, hopefully in a manner satisfactory to both sides, without going all the way through the full court process. But as Prof. Langer points out, this can also short-circuit the development of law as a public institution, in which the public has an interest and to which the public has rights. Traditionally in a civil law jurisdiction, once a case is brought in a court, it is a public matter requiring a public resolution and decision. [Langer is more concerned with criminal prosecutions, and the difference between American-style plea bargains versus Continental-style inquisitorial prosecutions is probably even more dramatic, but I think the same overall distinction also applies to civil suits between common law and civil law jurisdictions.] That is, depending on the case, the public may have a very significant and legitimate stake in having particular legal issues addressed and legal questions answered. In the American system, the adversarial parties, with their power over the litigation and the procedure, can short-circuit that potential evolution of the law at virtually any moment by reaching a private settlement agreement. This power to derail the potential evolution of the law is especially striking in a precedent-based common law system like that in the United States—it means that legal decisions and court opinions that could help judges and the overall legal system to figure out how to handle problematic legal issues can be bottled up by litigants. So some areas of the law can potentially be prevented from developing or becoming settled and established by parties’ power to prevent the issuing of opinions in those areas of law. The settlement agreements typically involve the sealing of court records, also, such that information that might be valuable or necessary to the public and perhaps appropriate for public disclosure can also be bottled up and kept closely private by litigants. [For one example I ran into years ago, the records from major U.S. federal antitrust litigation back in the 1960s-1970s regarding an alleged conspiracy by the major U.S. auto manufacturers to prevent or delay the introduction of exhaust-control devices on their cars were sealed pursuant to a settlement, which denied the public access to that information back then and still does today, more than forty years later.]
So anyway: at least in the United States, civil litigants can use the (publicly funded) court system, and they can potentially use it very heavily, over the course of several years, with all manner of discovery, procedural motions, etc.—burdening the (publicly funded) court system potentially almost without limit—but at the last minute, perhaps even right before a jury reaches a verdict, the litigants can privatize the whole matter with a settlement, and the public is treated as having no accrued stake in the outcome, and the (publicly funded) court sees its role mainly as guaranteeing the terms, including secrecy, confidentiality, non-disclosure, etc., of a (privately arranged, although court-supervised) settlement.
That strikes me as interesting and problematic, though entirely in keeping with a neoliberal vision of fundamental privatization of society together with the withering (and perhaps hijacking or parasitizing) of public institutions.
Regarding another of Damsa’s observations that I think is quite correct: the higher the level of formality and proceduralization of legal proceedings, and the greater the control over procedure by adversarial parties, the higher the barrier for the poor and less educated to get meaningful access to the courts. Societies and their court systems can seek to mitigate this through public legal aid services and such, but even at their best, they never really level the playing field for less advantaged litigants overall, and public budgets for legal aid also can be slashed (as happened dramatically a few years ago in the UK, and probably has been happening gradually in various states of the United States for decades). Representative Dingell’s distinction between substance and procedure is, I suspect, related to Damsa’s distinction between rights in theory and rights merely on paper: control over procedure, and the ability to purchase procedure, may tend in practice to reduce substantive justice and rights to mere rhetoric on paper.
Some of this discussion assumes significant distinctions in wealth and power between litigants, and certainly that is a common situation in a lot of litigation in the United States and other nations. But of course, a good many civil suits in the United States may involve two large, wealthy, powerful corporations each of which is represented by high-priced major law firms who know their way around procedure very well. In such cases, the parties may be pretty evenly matched. Yet the issues about the parties perhaps monopolizing and overusing the (publicly funded) courts, prior to arranging a private settlement that denies the public it’s arguable “right” to a public resolution of important legal issues, may still remain.
I am admittedly not that sympathetic to neoliberalism and the whole wave of privatization of society and erosion of public institutions that started so visibly with Thatcherism and Reaganism forty years ago. Others, like members of the Federalist Society in the United States, will doubtlessly feel differently about all that. It does strike me that America’s elitist, aristocrat-favoring, lawyer-dominated, procedure-heavy legal system—in some ways so out of keeping with the democratic and egalitarian ideology that were also part of the nation’s foundation and early history—actually pointed the way toward neoliberalism decades or centuries before the rise of neoliberalism as we know it today. For already in the 1800s if not earlier, it was a legal system that clearly favored accumulated wealth and power, as well as a partially privatized quasi-public institution (with (private) lawyers as officers of the (public) court), based in large part upon privatized control and manipulation of procedure by the specially entitled, privileged profession that we call lawyers.
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There is a copy of it in the Agricultural Department on St Helena. There are chapters in there on hybridisation and self-incompatibilty in C. rotundifolium and C. spurium. These aren't unfortunately published as sample sizes deemed too small (the plants are rare!) and I didn't have the time to submit revisions to the journal. However, they seem very relevant to your Ph.D.
Antonia
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OK - cool. Good luch with the research.
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Dear colleagues,
I've met some troubles finding the information on freedom of economic activity as a basic human right. Anyone knows who might've been conducting research on this topic, particularly (and preferably) in ECHR cases? Any hint will be very helpful.
Thank you in advance!
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The Four Freedoms of the European Union (EU) are:
(1) The Free Movement of Goods.
(2) The Freedom of Movement of Workers.
(3) The Right of Establishment and Freedom to Provide Services.
(4) The Free Movement of Capital.
The Four Freedoms, certainly taken together, amount to 'freedom of economic activity' (indeed, they are sometimes referred to as the ‘Four Economic Freedoms’).
There is an argument that these ‘Four Freedoms’ of the European Union (EU) constitute fundamental human rights under the European Convention on Human Rights ('the Convention'  www.echr.coe.int).
This argument cannot easily be set forth here, but see for example:
From the EEC to the EU: The Four Economic Freedoms as Fundamental Rights
UPLOADED BY Andrea Sandell http://bc.academia.edu/AndreaSandell
Andrea Sandell Boston College, Philosophy, Graduate Student.
2.De Vries, Sybe E. "Balancing Fundamental Rights with Economic Freedoms According to the European Court of Justice." Utrecht Law Review 9.1 (2013): 169-92.
3.Ehlers, Dirk. European Fundamental Rights and Freedoms. Berlin: De Gruyter Rechtswissenschaften Verlags-GmbH, 2007.
4.Margaritis, Kostantinos. "Fundamental Rights in the EEC Treaty and Within Community Freedoms."  CES Working Papers 5.1 (2013): 51-65.
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A recent study about the cultural elements of academic dishonesty said their participants reported that “it sometimes appeared as if university leadership were more interested in catching perpetrators than in offering training” (p. 149). The participants were talking about universities in a particular country and they were from a particular cultural group. But I want to sidestep the “culture clash” discussion and ask to what extent colleagues see this as a description of their own contexts.
Where you work or study, now or recently, does it feel like the administration is more concerned with catching plagiarists than in training everyone to understand and avoid plagiarism?
[For those interested in following up on the article I quoted above, here is the reference:
Thompson, L. W., Bagby, J. H., Sulak, T. N., Sheets, J., & Trepinski, T. M. (2017). The cultural elements of academic honesty. Journal of International Students, 7(1), 136-153. Retrieved from https://search.proquest.com/docview/1861257012?accountid=14548]
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Given the Anti-Plagiarism workshop that I received at the beginning of the semester, (MA TESOL) I would say HKU is well aware of this issue.
I cannot say the same for my undergraduate studies though. In the UK, I was never given training (no workshops or individual modules dedicated to avoiding plagiarism). I believe what Ian said applies perfectly to my experience: All the lecturers and Graduate Teaching Assistants just kept telling us to paraphrase, changing structures to circumvent TurnitIn. It was as if we were taught "Test-wiseness" as opposed to actual knowledge.
Anti-plagiarism was never explicitly taught to us, but was expected of us!
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I am having an extensive research on EU members courts for jurisprudence related to insolvency of groups of companies. Germany, Spain and Netherlands present a particular interest on this subject, however they are not easily accessible in English or French.
It would be very helpful, if you could propose national reports or any other source.
Thank you in advance.
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I need to know on what grounds the question to what extent  is an arbitral tribunal free to apply identified Lex Mercatoria principles can be answered?
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To the extent not inconsistent with applicable rules established by the relevant international agreements.
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Please explain the nature, significance and main features of the legal principle according to which an arbitral tribunal is entitled to rule on its own jurisdiction. 
What are the pros and cons of this legal principle?
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CHAPTER IV “JURISDICTION OF ARBITRAL TRIBUNALS” of the Indian The Arbitration And Conciliation Act, 1996 deals with ‘Competence of arbitral tribunal to rule on its jurisdiction.’
It states-
16. Competence of arbitral tribunal to rule on its jurisdictional. -
(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,
(a) An arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract; and
(b) A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence; however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator.
(3) A plea that the arbitral tribunal is exceeding the scope of its authority shall be raise as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.
(4) The arbitral tribunal may, in either of the cases referred to in sub-section (2) or subsection (3), admit a later plea if it considers the delay justified.
(5) The arbitral tribunal shall decide on a plea referred to in sub-section (2) or sub-section (3) and, where the arbitral tribunal takes a decision rejecting the plea, continue with the arbitral proceedings and make an arbitral award.
(6) A party aggrieved by such an arbitral award may make an application forgetting aside such an arbitral award in accordance with section 34.
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I'm looking for documents that talk about the conditions of Google Inc. employees. In particular i'm searching about the labour legislation that Google Inc. must observe and if there is any kind of collective agreement between Google Inc. and his employees.
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I'm assuming you've done the standard :google search! Arguably they would be required to abide by the laws relating to employment in the country in which the employment contract listed as the relevant domain. I don't believe there is any "collective" agreement... see https://www.google.com/about/careers/how-we-hire/
Send them an email! Nothing like a direct question to the entity you are researching ;-) Good luck
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Visa decisions on Illegal Maritime Arrivals/refugees are complex & complicated.Organizational culture of the DIBP may have an influence of their visa decisions.Therefore, measuring DIBP organizational culture is important to critically analyze DIBP decisions. 
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this also might be of interest for you if you are investigating the inner-organisational structures of DIBP ( text is written from a network perspective): http://www.andrew.cmu.edu/user/krack/documents/pubs/2012/2012PolInOrgs.pdf
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I am looking for any work concerning Whistle Blowing Law. Thanks , Alan
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Are you looking for a specific country? This piece by David Lewis covers the UK quite well. 
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Please send me a copy via email if you have it.
Thanks Charlotte
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Thank you all for your responses. But I must say that I am actually looking for a scale that asks questions about the kinds of stressors that litigants experience. I hope that this clarifies the question.
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using the restricting and non restricting distinguishing factors
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Teresia, you have received a lot of excellent answers to your question. I would only add the following point. One of the goals of the Common Law System (followed in England and elsewhere) is to promote stability in the Law. Stability can be attained by fostering predictable outcomes in cases where the facts are similar. Predictable outcomes, can, in turn be achieved by following precedents established in previous cases. Courts are reluctant to overturn a precedent once it has been established. However, it can happen; especially where a legislature enacts a law that contravenes a precedent; or more rarely, changing values and customs influence a court to overturn its own previous rulings. Neil Duxbury's book is a great place to start. Furthermore, if you want to read about the overall development of the law, you might want to take a look at "The Common Law", by U.S. Supreme Court Justice Oliver Wendell Holmes, Jr. Good luck with your studies.  
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In the framework of my research I'm looking for any available literature on the topics of drafting legislation, nomotechnics, legal standardization etc.
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Hello Adnan,
If you know the topics you are intend to write, search the keywords in the EURLEX and analyse the hits there. http://eur-lex.europa.eu/
Best, Zagon
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In Slovenia metrics is used (impact factor of journals, citation etc.). However, when compared to science, law is not doing so well and is in inferior position. I will need concrete data for arguing that law and science cannot be measured in the same way. E.g. Harvard Law Review only publishes 1 or 2 articles per issues, that's around 10 articles per year. Physical Chemistry Chemical Physics, however, publish 80 articles a week, 48 issues a year. That's a substantive difference. One journal publishes the same number of articles as all SSCI journals in the field of law together per year. I think no legal scholar can publish 80 SSCI articles a year as this would amount to 2% of all SSCI publications in law that year, yet chemists do (of course in co-authorship with several other people and often with upper limit of 4000 characters per article - legal articles, however, are normally much longer - in US journals also minimum 20.000 words etc). So, I think putting different fields of research under the same criteria of relevancy is not suitable. But when it comes to distributing money, numbers (citations, IF...) are the most easy to use... unfortunately.
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I haven't been informed by researchgate on all your answers as you posted them. So I am now very surprised by your response. Many thanks. In the following days I will study them in more details. For now, if you should be interested, here is 2012 report of the Australian law schools deans on this issue:
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I am looking for statistics (official or unofficial) on the residence rights of EU citizens in Italy.
In particular, I am trying to find out the number of residence documents issued to EU citizens and family members in Italy, as well as numbers of EU citizens expelled from Italy. (This includes but is not limited to the expulsion of members of the Roma community).
I have already consulted ISTAT (only total EU resident numbers available) and sent information requests to the Ministero dell'Interno (no response). 
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Hi Marco, thanks for your kind offer to assist. I have sent you a message to your university email.
Hi Rudi, thanks for the links - I did not know about CESTIM, so this is very useful to know.
I plan to provide an overview of residence statistics in all Member States in the chapter 'Who does not belong here anymore? A statistical snapshot of Member States’ practices' in Herwig Verschueren (ed), Who belongs here? EU law and adjudication on the link between individuals and Member States, (Intersentia, forthcoming 2016)
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Richard Posner (Foreword: A Political Court; No Thanks, We Already Have our own Laws) and John Yoo/Robert Delahunty (Against Foreign Law) say the American Courts should not use foreign decisions because 4 main reasons: 1) the foreign law is not published in the official reports, 2) the foreign law emerge from a complex socio-historical-politico-institutional background that judges are almost entirely ignorant (problems of knowledge and reliable translations), 3) the undemocratic character of the use of foreign law, and, 4) the use of foreign law is a figuration to convey an artificial lore. These are true reasons to prevent or prohibit National Courts the use of foreign law?
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Absolutely not - I did not confuse international and foreign law. As you said quite rightly the SA Constitution says 
When interpreting the Bill of Rights, a court, tribunal or forum 
                   ...
           (b)    must consider international law; and
          (c)      may consider foreign law.
My point is that to "consider" does not mean must follow. And my quotation from 
Makwanyane was, "We can derive assistance from public international law and foreign case law, but we are in no way bound to follow it." The Court took the same view of the binding authority of both international and foreign law - neighr of them is binding. 
Makwanyanye (the death penalty case) is a human rights case.
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The 2015 ruling condemning the NRW legislation on headscarves worn by teachers seems again focused on religion, though this time on discrimination instead of religious freedom. I wonder whether there is a debate on the ethnic and gender discrimination involved here. I am aware of some German publications in the general press, partly by women who criticise the ruling as supporting patriarchal rule, but have not seen any English case note yet, looking on this other aspect. 
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Please see attached.
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In spite of their apparent neutrality, indicators can be seen as discursive elements. In that they bear specific values and knowledge claims that (as discourses) frame a problem and its solutions in a particular way. For instance, in measuring the quality of land-related legal systems, a high number of lawsuits filed can be seen either as a symptom of a good legal system which promote access to justice for smallholders, or a symptom of a weak legal system (as it is in the world bank approach). 
Which methodologies/ approach you think can be useful to study these differences?
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There is a need for a new approach to interventions in development projects and the agri-business that can both identify relevant indicators and also predict the unintended consequences associated with any intervention before investment. ‘Systems thinking’ approach provides the tools that can highlights and addresses problems using integrated approaches and it demonstrate how to translate difficult ideas into potent management tools for change. The evidence of successful systems thinking application can be seen in various fields and disciplines exploited by many researchers, managers and policy makers in African. With it associated tool such as the Bayesian Belief Network modeling, it satisfies the ‘Bellagio Principles’ for measuring sustainable development indicators. Try it
Regards
Banson
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Under Swiss Law can a party avoid performance if the market price for the commodity increases or decreases after conclusion of the contract in case of absence of  the price adjustment clause? please refer to icc arbitration awards if you have any.
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thank u dear Frank. please see icc arbitration award no 2508 in which an increase in contractual price  up to 50 % didn't justify refusing performance by the seller under Swiss law.  have u seen any award or sentence that contradicts the argument of this award?
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Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what those facts are. (Soper, "Legal Positivism", Cambridge Dictionary of Philosophy)
In his book Law's Empire Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an 'interpretive' concept, that requires judges to find the best-fitting and most just solution to a legal dispute, given their constitutional traditions. (Ronald Dworkin, Law's Empire (1986) Harvard University Press)
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No theory of law is truly made obsolete by any later developments.  To some extent we are all positivists now–we believe in the value of and the primacy of written text in most circumstances.  But in another way we are all natural law adherents and advocates – the entire basis of international human rights and human rights more generally is premised on the understanding that certain rights attach to each person simply because of that person being human and because there are certain underlying "natural" truths about the nature of being human that cannot and must not be denied.
Philosophical explorations of the workings of the law and the underpinnings of it are valuable within their realm and for certain utilitarian purposes, but pushing any particular philosophical stance too far into practice can result in very strange and even evil results.  Law is a practical discipline with roots more in rhetoric than in theories of knowledge or morality.  All three are relevant, but law is far more a branch of rhetoric than it is the other two.
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Considerable amounts of fieldwork are undertaken to discover and then analyse comparative data on the highly contingent incidence and perception of crime and disorder in different settings and jurisdictions. The role of professionalised policing is a core element in this work. It would be interesting to explore how far various professionalised policing styles and methods have been found to be effective in providing specific, definable impacts that benefit social identity and wellbeing by successfully improving public safety.
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My colleagues and I have recently finished some research in seven Caribbean nations (with 11,000+ survey respondents) that touches on this issue to some extent. We found in all seven nations that when police are perceived as behaving in a more procedurally just manner and are perceived as more legitimate (worthy of support), citizens are more willing to participate in informal social control activities. The effects of procedural justice and legitimacy were significantly stronger than the effects of perceived effectiveness of the police. The implication is that if we want people to contribute as co-producers of public safety in their own communities, police need to treat them fairly and not behave in a manner that undermines their own legitimacy.
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Probably need a comprehensive yet current Law Review article regarding the nature of evidentiary privilege in civil cases, or access to an all-state database on evidentiary privilege statutes and someone who knows how to research it!
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Thanks! Will look for it.
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I am writing an article about the comparison of the regulations of the french référé procedure (in english: summary interlocutory proceedings) and the Hungarian small claims proceedings. The only thing that I can not find is in which cases the french people like to turn to the president of the court to initiate a référé proceding. In Hungary these procedings are initiated in the case of a claim under 1 milion HUF (approximately: 4761$ or 3000 euros). Is there a limit in the french system like in the Hungarian?
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Thank You Moslem! :)
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I am looking for information on historical development on prohibition of marijuana in South Africa
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I believe that the Prince -case is the starting point for this enquiry. Hope this helps.
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I am interested in the legal needs of PLWH as they age, but in order to understand the legal landscape, I need to better understand how needs change from medical, public health, epidemiological, sociological, and psychological perspectives. I have requested a number of articles, and I am interested in any opinions, articles or research my search may have missed. I am looking forward to your feedback and article suggestions.
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Like Keith M, i'd suggest looking at the VACS http://www.vacohort.org/index.aspx
And looking at the work of Amy Justice to get a good idea of the issues involved for older PLWA, especially comorbid conditions
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What is the difference between these two terms in property law, "Right to possession" and "Right of possession"
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You must be careful when you refer to possession. At least in South American law possession is a variable completely different property. As well questions, I think the difference between the two questions is exactly the same.
Right to possession or right of possession is exactly the same just change the item used. Depends on how much you are to say one or the other definition. The point is that the right of possession is the same and explains:
Possession is the sum of the animus (intent to possess) + corpus.
The property is the sum of the animus + corpus + domain title.