957,661 research outputs found

    Women’s disengagement from legal proceedings for intimate partner violence in southern Spain: Variables related to legal proceedings

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    This article studies the relationship between a set of variables related to the legal process and women’s disengagement from legal proceedings against their (ex)partners in Southern Spain. A total of 345 women answered a questionnaire. Results evidenced that request for a protection order (PO), granting such PO, imprisonment of the offender, and women’s perception of who decided during the process were significantly related to disengagement (medium effect size). In addition, a logistic regression model was developed to predict disengagement with two variables: granting a PO and women’s perception of who decided. Results are interpreted in terms of the necessity that the judicial system gives support, protects, and provides women with opportunities to participate in the recovery process.Junta de Andalucía 1071/0453Ministerio de Educación, Cultura y Deporte (España) FPU15/0037

    Representation of Parties in Arbitration By Non-Attorneys

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    The issue of the representation of clients in legal or quasi legal proceedings by non-attorneys has been a troubling one. Not only are such services being offered by non-attorneys in the form of transactional services, i.e., advising, drafting deeds and documents, etc., but has spread to actual representation of parties before administrative agencies. Moreover, as more and more disputes are being resolved through alternative dispute mechanisms, such as arbitration, non-attorneys are also representing clients in such proceedings in civil litigation-often involving complex issues and significant sums of money-against other litigants who are usually represented by skilled attorneys. The ABA recently released a Discussion Draft for Comment regarding the extent to which non-lawyers were involved in these proceedings. The draft notes that in certain areas, the amount of legal oversight is sufficient to ensure competence, where in other areas it is in not. The Securities Industry Conference on Arbitration has examined this issue at length and released the report that follows

    Housing Justice: What the Experts are Saying on New Yorkers' Right to Counsel in Eviction Proceedings

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    There is growing momentum for establishing a right to counsel in New York City for low-income people who face losing their homes in legal proceedings. The Right to Counsel NYC Coalition formed in 2014 to advocate for the right to counsel and its ranks have been steadily growing. New York City's political leadership has been outspoken on the importance of counsel in eviction proceedings and is taking major concrete steps to expand the availability of counsel. These include greatly increased funding for civil legal services and the City Council's passage, on May 27, 2015, of Intro 736, which establishes a first-ever Office of the Civil Justice Coordinator. Most importantly, the New York City Council and the de Blasio Administration are considering legislation that would make New York City the first jurisdiction in the United States to establish a right to counsel for low income people who face losing their homes in legal proceedings. The legislation, Intro 214, introduced by Councilmembers Mark Levine and Vanessa Gibson and co-sponsored by a wide majority of the members of the Council, would (with anticipated amendments) guarantee counsel to households below 200% of federal poverty guidelines in both eviction and foreclosure proceedings

    ‘Children not trophies’: an ethnographic study of private family law practice in England

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    The welfare of the child in the context of private family law proceedings is of significant international interest. This paper presents findings from an ethnographic study of private law proceedings in England, which explored legal professionals’ experiences of and practice within space and place. Data are derived from interviews with professionals, and observations from the waiting areas, canteens, interview rooms and offices of lawyers who represent parents in private family law proceedings. The paper focuses on winners and losers in the area of private family law, and the ‘trophy’, the child, who appears to be lost in the battleground of legal proceedings, but remains the ultimate prize. The concept of space is explored before moving to reflect upon the data from the interviews. The themes that emerge from the data are the relationships between the public space of the court and the vulnerability of the parties as they attempt with greater or less ease, to navigate the complexities of this formal and procedurally driven space. This paper explores the idea of the child as the ultimate ‘trophy’ within private law proceedings to consider its significance for family justice practice in England, and to elicit a greater understanding of the importance of space and place in private law proceedings that have remained largely unexplored

    Study Group on Immigrant Representation: The First Decade

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    All of us here have a common goal: ensuring adequate legal representation of the immigrant poor. A courtroom has multiple players with different roles, but all would agree that adequate legal representation of the parties is essential to the fair and effective administration of justice. Deficient representation frustrates the work of courts and ill serves litigants. All too often, and throughout the country, courts that address immigration matters must contend with such a breakdown in legal representation, a crisis of massive proportions with severe, tragic costs to immigrants and their families. For our nation’s immigrants, the urgent need for competent counsel in deportation proceedings has never been more critical. This nation’s immigrant representation problem is twofold: (1) there is a profound lack of representation, indicated by the fact that 63 percent of noncitizens in deportation proceedings do not have representation nationwide;1 and (2) in far too many deportation cases, the quality of counsel is substandard.2 Immigrants are easy prey for unscrupulous lawyers, who gouge their clients out of scarce resources and provide shoddy legal services

    Indian Garment Companies Try to Silence Clean Clothes Campaign

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    The legal counsel of Fibres and Fabrics International (FFI) wrote to the Clean Clothes Campaign, threatening court proceedings unless the CCC stops reporting on the labor violations occurring at FFI

    Broken Promises: The Case of Mothers of Srebrenica vs. The State of the Netherlands

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    Critical discourse analysis of the legal proceedings of the Mothers of Srebrenica case brought against the UN and the Dutch government. This analysis explores the nature of culpability and blame-making among international actors

    Germany and Spain lead changes towards international insolvencies in Europe

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    With the Council regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings, that came into effect May 31, 2002 the European Union has introduced a legal framework for dealing with cross-border insolvency proceedings. In order to achieve the aim of improving the efficiency and effectiveness of insolvency proceedings having cross-border effects within the European Community, the provisions on jurisdiction, recognition and applicable law in this area are contained in a Regulation, a Community law measure which is binding and directly applicable in Member States. The goals of the Regulation, with 47 articles, are to enable cross-border insolvency proceedings to operate efficiently and effectively, to provide for co-ordination of the measures to be taken with regard to the debtor’s assets and to avoid forum shopping. The Insolvency Regulation, therefore, provides rules for the international jurisdiction of a court in a Member State for the opening of insolvency proceedings, the (automatic) recognition of these proceedings in other Member States and the powers of the ‘liquidator’ in the other Member States. The Regulation also deals with important choice of law (or: private international law) provisions. The Regulation is directly applicable in the Member States3 for all insolvency proceedings opened after 31 May 2002

    Is Milosevic getting a fair trial at The Hague?

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    The author, who has been a leading defence counsel in another war crimes trial at the Hague, explains the legitimacy of the Tribunal there and the law of criminal responsibility – suggesting that despite serious procedural flaws the Tribunal is likely to produce as a fair a trial as anywhere in the world, particularly with the eyes of the world upon proceedings. Article by Sir Ivan Lawrence QC published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London
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