The Teaching of Procedure Across Common Law Systems

What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school subject. Through a comparative approach, this series of articles explores what difference the approach a particular jurisdiction has chosen to adopt makes for legal education, legal scholarship, the practice of law and the profession, and to civil justice reform in our legal system. En quoi l’enseignement de la procédure civile modifi e-t-il les études juridiques, la recherche juridique, la profession d’avocat et la réforme de la justice civile? Ce premier de quatre articles sur l’enseignement de la procédure dresse le tableau de l’approche actuellement utilisée dans quatre systèmes juridiques – aux États-Unis, au Canada, en Australie, en Angleterre et au Pays de Galles – et se penche sur la place qu’occupe la procédure dans le programme des facultés de droit et dans la formation professionnelle, les matières qui constituent la « procédure » et les diverses façons d’apprendre la procédure. L’importance et l’incidence de cette matière traditionnelle des facultés de droit ont fait jusqu’ici l’objet de fort peu de réfl exion en profondeur. Par le biais d’une approche comparative, cette série d’articles examine en quoi l’approche adoptée dans ces pays modifi e chez nous les études et la recherche juridiques, la pratique du droit, la profession d’avocat et la réforme du système de justice civile

Should National Human Rights Institutions Institutionalize Dispute Resolution?

The UN has promoted the use of alternative dispute resolution (ADR) by national human rights institutions (NHRIs). This article critically examines this proposition by analysing the three assumptions that underlie it. First, that ADR is an appropriate means by which to resolve human rights disputes; second, that ADR should be provided in institutional form; third that an NHRI should play a role in the delivery of ADR. We argue that voluntary engagement with ADR is permissible subject to procedural and substantive standards of justice but identify the risk that the offer of ADR by an institution may turn into a de facto mandatory process if not set within a context in which the courts are also accessible. Rather than an outright rejection of a role for ADR in such circumstances, we examine the potential contributions an institution could make to redressing the deficiencies in access to justice landscape and identify the key factors states and other policymakers should take into account when determining which institution(s) assume a dispute resolution role

Waiver: Canute Against the Tide

Discusses the extent to which pressure on individuals to waive the legal enforcement of their rights in favour of mediation amounts to coercion and may infringe the European Convention on Human Rights 1950 art.6(1). Reviews the growing pressure to mediate disputes, the public significance of civil justice, and the ways in which art.6(1) is relevant to civil justice mediation. Details the criteria to be satisfied before a judge finds that an applicant has waived the right of access to a court, and when individuals risk incurring adverse costs for an unreasonable refusal to mediate

Alabama\u27s Women in Agriculture: The Road to GAPs Harmonization and Global Addendum - Tuskegee\u27s Walmart Initiative

This paper shares challenges faced and overcome by four African American women on their 2013 journey to secure USDA’s Produce Good Agricultural Practices (GAPs) Harmonized Food Safety Standards with the Global Addendum (Global Markets Primary Production Assessments: GMPPA). Collaboration, consistent training, and technical support from the Tuskegee University Extension and Research staff, and the Small Farmers Agricultural Cooperative undergirded the preparation of the farms for GAPs Certification. The timely sharing of staff expertise and experience from commercial partners (Walmart, Purivida, C.H. Robinson, W.P. Rawls), and support from the USDA (Strike Force Initiative) were important contributors to the positive outcomes described. The outcomes elucidate the adaptability, accountability, and professionalism each participant displayed to prepare her farm for audits; maintain food safety records, and achieve GAPs certification in marketable crops. Key Words: Socially Disadvantaged Women Farmers, Food Safety, GAPs certificatio

The Modelling of InfraRed Dark Clouds

This paper presents results from modelling 450 micron and 850 micron continuum and HCO+ line observations of three distinct cores of an infrared dark cloud (IRDC) directed toward the W51 GMC. In the sub-mm continuum these cores appear as bright, isolated emission features. One of them coincides with the peak of 8.3 micron extinction as measured by the Midcourse Space Experiment satellite. Detailed radiative transfer codes are applied to constrain the cores' physical conditions to address the key question: Do these IRDC-cores harbour luminous sources? The results of the continuum model, expressed in the $\chi^2$ quality-of-fit parameter, are also constrained by the absence of 100 micron emission from IRAS. For the sub-mm emission peaks this shows that sources of 300 solar luminosities are embedded within the cores. For the extinction peak, the combination of continuum and HCO+ line modelling indicates that a heating source is present as well. Furthermore, the line model provides constraints on the clumpiness of the medium. All three cores have similar masses of about 70-150 solar masses and similar density structures. The extinction peak differs from the other two cores by hosting a much weaker heating source, and the sub-mm emission core at the edge of the IRDC deviates from the other cores by a higher internal clumpiness.Comment: 13 pages, 13 figures, accepted for publication in A&

The relationship between ECHR, Article 6 and the overriding objective of the CPR

EThOS - Electronic Theses Online ServiceGBUnited Kingdo

ALABAMA’S WOMEN IN AGRICULTURE: THE ROAD TO GAPS HARMONIZATION AND GLOBAL ADDENDUM – TUSKEGEE’S WALMART INITIATIVE

This paper shares challenges faced and overcome by four African American women on their 2013 journey to secure USDA’s Produce Good Agricultural Practices (GAPs) Harmonized Food Safety Standards with the Global Addendum (Global Markets Primary Production Assessments: GMPPA). Collaboration, consistent training, and technical support from the Tuskegee University Extension and Research staff, and the Small Farmers Agricultural Cooperative undergirded the preparation of the farms for GAPs Certification. The timely sharing of staff expertise and experience from commercial partners (Walmart, Purivida, C.H. Robinson, W.P. Rawls), and support from the USDA (Strike Force Initiative) were important contributors to the positive outcomes described. The outcomes elucidate the adaptability, accountability, and professionalism each participant displayed to prepare her farm for audits; maintain food safety records, and achieve GAPs certification in marketable crops

A Prospective Profile of Visual Field Loss following Stroke: Prevalence, Type, Rehabilitation, and Outcome

Aims. To profile site of stroke/cerebrovascular accident, type and extent of field loss, treatment options, and outcome. Methods. Prospective multicentre cohort trial. Standardised referral and investigation protocol of visual parameters. Results. 915 patients were recruited with a mean age of 69 years (SD 14). 479 patients (52%) had visual field loss. 51 patients (10%) had no visual symptoms. Almost half of symptomatic patients (n=226) complained only of visual field loss: almost half (n=226) also had reading difficulty, blurred vision, diplopia, and perceptual difficulties. 31% (n=151) had visual field loss as their only visual impairment: 69% (n=328) had low vision, eye movement deficits, or visual perceptual difficulties. Occipital and parietal lobe strokes most commonly caused visual field loss. Treatment options included visual search training, visual awareness, typoscopes, substitutive prisms, low vision aids, refraction, and occlusive patches. At followup 15 patients (7.5%) had full recovery, 78 (39%) had improvement, and 104 (52%) had no recovery. Two patients (1%) had further decline of visual field. Patients with visual field loss had lower quality of life scores than stroke patients without visual impairment. Conclusions. Stroke survivors with visual field loss require assessment to accurately define type and extent of loss, diagnose coexistent visual impairments, and offer targeted treatment