Rape Process Templates: A Hidden Cause of the Underreporting of Rape

Fewer than a third of rape victims report their rape to the police. This low reporting rate appears to exist not only in jurisdictions with police departments that intentionally discourage victims, but also, paradoxically, in areas with departments that believe they encourage victims to report and pursue allegations of rape. Relying on original qualitative research conducted with two local police departments (a city department and a university department) as a case study, this Note identifies a likely cause of the widespread underreporting­ rape process templates -and offers the foundation for a solution

Corporate rescues - a comparative study of the law and procedure in Australia, Canada and England

PhDCorporate insolvency law reform in the mid 80's in the United Kingdom and the early 90's in Canada and Australia resulted in the introduction of new statutory regimes directed specifically towards facilitating the rescue of financially troubled companies or parts of their businesses. The Administration Order Procedure and Company Voluntary Arrangements in the U.K., Business Proposals in Canada and Company Voluntary Arrangements in Australia joined the ranks of Receivership under a Floating Charge, and the little used Statutory Compositions and Schemes of Arrangement. Thus, today it is usual to attempt to rescue or rehabilitate a company prior to subjecting it to a terminal insolvency regime. Since the procedures, in particular the new, seek common goals there is a great degree of similarity amongst them. This thesis begins by tracing the history of the law of corporate rescues and how the various aspects of a rescue developed from the mid nineteenth Century to the present day. It identifies several common aspects of a corporate rescue. Every aspect is conmion to at least two regimes. It then examines, in detail, the manner in which each aspect is dealt with under each procedure. This detailed analysis discloses important differences which, it is submitted, affect the relative success or failure of the procedures. It is examined whether or not each rescue regime addresses every aspect of a rescue efficiently and whether any procedure could benefit from the experiences of the others. In conclusion it is determined whether, in the light of available empirical evidence on the use these rescue procedures in Australia, Canada and England, each regime eventually achieves or has the potential to achieve the objective of a corporate rescue

Al Capone\u27s Revenge: An Essay on the Political Economy of Pretextual Prosecution

Most analyses of pretextual prosecutions – cases in which prosecutors target defendants based on suspicion of one crime but prosecute them for another, lesser crime – focus on the defendant\u27s interest in fair treatment. Far too little attention is given to the strong social interest in non-pretextual prosecutions. Charging criminals with their true crimes makes criminal law enforcement more transparent, and hence more politically accountable. It probably also facilitates deterrence. Meanwhile, prosecutorial strategies of the sort used to get Al Capone can create serious credibility problems. The Justice Department has struggled with those problems as it has used Capone-style strategies against suspected terrorists. That is no surprise: Pretextual charging is primarily a phenomenon of the federal criminal justice system, where law enforcers are less politically accountable than in state justice systems. The solution is to make the federal justice system more accountable. A variety of forces are pushing in that direction; federal courts could help speed the process along with appropriate jurisdiction and statutory interpretation doctrines. If those things happen, pretext cases will become less common, and the justice system will be healthier

Statesboro News

https://digitalcommons.georgiasouthern.edu/bulloch-news-issues/5841/thumbnail.jp

Proof theoretic criteria for logical constancy

Logic concerns inference, and some inferences can be distinguished from others by their holding as a matter of logic itself, rather than say empirical factors. These inferences are known as logical consequences and have a special status due to the strong level of confidence they inspire. Given this importance, this dissertation investigates a method of separating the logical from the non-logical. The method used is based on proof theory, and builds on the work of Prawitz, Dummett and Read. Requirements for logicality are developed based on a literature review of common philosophical use of the term, with the key factors being formality, and the absolute generality / topic neutrality of interpretations of logical constants. These requirements are used to generate natural deduction criteria for logical constancy, resulting in the classification of certain predicates, truth functional propositional operators, first order quantifiers, second order quantifiers in sound and complete formal systems using Henkin semantics, and modal operators from the systems K and S5 as logical constants. Semantic tableaux proof systems are also investigated, resulting in the production of semantic tableaux-based criteria for logicality

Law & Technology - E.Tec Yearbook

This inaugural volume is dedicated to an area of current relevance with undisputable economic, social and legal importance: Law and Technology. The texts now published have in common the exploitation of legal problems arising from technological innovations - in particular digital transformation, artificial intelligence and robotics - by discussing and presenting solutions for the challenges posed in different areas of law, explored in E.Tec research strands: industry 4.0, artificial intelligence and robotics, Health Law and Governance.Esta publicação inaugural está dedicada a uma área de relevância atual com importância económica, social e jurídica incontestável: o Direito e a Tecnologia. Os textos agora publicados exploram os problemas jurídicos decorrentes das inovações tecnológicas, especialmente a transformação digital, a inteligência artificial e a robótica, discutindo e apresentando soluções para os desafios impostos nos diferentes domínios do Direito, explorados nos eixos temáticos do E.Tec: indústria 4.0, inteligência artificial e robótica, Direito da saúde e governação

Interpretive Interactions among Legal Systems and Argumentation Schemes

This thesis is about argumentation schemes that help to deal with interactions between national and foreign canons of interpretation in private international law cases. In fact, many legal orders, like Italy, require that, in conflict of laws disputes, courts apply the relevant foreign law using canons of interpretation and rules of application of the original foreign system. Our research hypothesis is that, in interpreting the foreign rule, domestic courts incur interpretive divergences of many kinds among the involved legal systems. Foreign law interpretation may result in linguistic and/or conceptual misalignments, in normative and/or interpretive gaps, and in specific incompatibilities between inner and foreign canons of interpretation. By focusing on interpretive conflicts within one legal system, legal theorists and AI and Law scholars have not yet paid sufficient attention to the issue, even if pluralist logics and argumentation have been generally applied to legal pluralism and conflict of laws. The present study fills this gap in the literature: it explores the feasibility of a theory for arguing and interpreting in private international law contexts, providing an argument-based conceptual framework that encompasses plausible interpretive interactions. To this end, and after addressing the epistemic concerns foreign law raises for domestic judges, the thesis gives a definition of cross-border interpretive incompatibilities and proposes argumentation schemes to reason with interpretive canons coming from different legal systems. An illustrative list of critical questions is used to evaluate the correctness of such interpretive reasoning. Lastly, the thesis presents the first formal developments of the study, based on the concept of meta-argumentation. It is possible to detect two main contributions to knowledge. First, this work identifies the components of foreign law interpretation, an interpretation activity with significant practical implications for legal systems today. In so doing, it also indirectly contributes to better understand interpretation at large. Secondly, its argument-based analysis paves the way for further formal applications in the domain of AI and Law