Legal Officials Research Articles

Development, Evaluation, and Initial Findings of New York State Department of Health Community Drug Checking Pilot Programs.

The illicit drug landscape in the United States is dynamic, featuring a risky and erratic drug supply. Drug checking programs (DCP) have been successfully implemented and studied extensively in Canada and Europe but are scarce in the United States. Integrating DCP at harm reduction programs provides an opportunity to engage people at the point-of-care and deliver a combination of harm reduction services, access to healthcare services, and linkages to treatment. The New York State Department of Health (NYSDOH) developed and supports operation of 8 pilot community DCP sites throughout the state. The DCP were trained to utilize Fourier-transform infrared spectroscopy (FTIR) technology to deliver real-time results to participants. The NYSDOH community DCP pilot began development in 2022. Partnerships were formed across multiple domains including other DCP, universities, forensic laboratories, syringe service and harm reduction programs, and legal and regulatory offices within the NYSDOH. The first pilot sites began operating in mid-2023 and program expansion is on-going. Evaluation staff were extensively engaged in development and implementation phases. Qualitative evaluation focused on barriers, facilitators, and lessons learned from program staff and technicians. Quantitative evidence was gathered to assess the reach of the DCP and accuracy of results attained by drug checking technicians during their training periods. Drug checking results helped characterize the illicit drug supply. Development and implementation of DCP in NYS was facilitated by strong partnerships across sectors including public health and harm reduction. DCP may involve diverse partners who do not regularly collaborate, and health departments are positioned to build relationships and convene partners for program implementation. Evaluation findings highlight the importance of facilitating on-going training and technical assistance to DCP for quality assurance. The initial successes and lessons learned from the NYSDOH DCP demonstrate state public health departments' ability to successfully deploy this innovative harm reduction strategy.

'Aisyiyah's Posbakum Strategy in Optimising Legal Aid for Women and Children

This paper focused on the ‘ Aisyiyah Legal Aid Post (Posbakum) under the Regional Leadership of ‘ Aisiyah Central Java, which has been accredited by the Ministry of Law and Human Rights and has provided legal aid services to the poor, including women, children and people with disabilities. The establishment of the ’Aisyiyah Legal Aid Post was a decision of the 46th Congress in Yogyakarta , born out of ’Aisyiyah’s concern for law enforcement and justice in society and as a means of fighting for the rights of people who were violated or faced legal problems, especially women and children. This paper explains the strategies and efforts made by the Legal Aid Post ’Aisyiyah Regional Leader of ’Aisyiyah Central Java, in providing services and legal assistance for victims during and after receiving assistance. In addition, it also explains the strategy for institutional strengthening. Data were obtained through documentation studies and open interviews with informants of Posbakum Regional Leader of ’Aisyiyah Central Java Management. Data analysis was carried out using a qualitative descriptive method with a normative approach. The results showed that the Legal Aid Post ’Aisyiyah Central Java provides services to law seekers in the form of both litigation and non- litigation cases. Litigation cases included victim assistance in case settlement, court proceedings and post-litigation assistance. Meanwhile, non-litigation cases included several activities, like legal consultation, research, and community empowerment. The implementation of advocacy and assistance for women, children and disabled victims of violence aim ed to heal trauma, protect women from violence and neglect, protect the rights of women and their children and provide legal defence and protection. The victim assistance strategy used a collaborative approach involving curative and preventive. The collaborative approach is psychological and religious. After providing assistance in court, Legal Aid Posts (PosBakum) assisted victims through psychological and medical rehabilitation of victims, raising awareness of victims so that their rights can be protected, providing training on life skills for victims so that they have technical skills and expertise both in the community and family environment to earn an income that can be used to support themselves and their families. In an effort to strengthen institutions and implement the programmes carried out, the Legal Aid Post (Posbakum) built synergy between all parties to gain a good perspective from law enforcement officials in order to help women with disabilities who are victims of sexual violence get justice. This synergy was achieved through the Fogus Group Discussions with law enforcement officials, facilitators and the community. Additionally, an audience with the Central Java Regional Office of the Ministry of Law and Human Rights was offered. A workshop was conducted for accredited legal aid organisations throughout Central Java in providing legal aid with the Regional Office of the Ministry of Law and Human Rights. They campaigned for the fulfilment of disabled rights in accessing justice, such as having special legal officers trained to handle disabled issues because they need special knowledge and handling. Moreover, they submitted aspirations to provincial parliaments during recess and provided input for draft regulations and bills. Also, conducting education and training. Lastly, make Memorandum of Understanding with networks for case assistance. Keywords: ’Aisyiyah, Legal Aid Post, Victim Assistance, Women and Children, strategy

ERRORS IN THE LAND RECORD OF RIGHTS (KHAIAN) AND THE REMEDIAL PROCEDURE IN BANGLADESH: AN ANALYSIS OF EXISTING REGULATORY FRAMEWORK AND FUTURE REFORMS

Land record of rights (known as khatian in Bangla) is an indispensable and integral part of land administration which contains and recognizes the chain of title. It is prepared through surveying and mapping of land plots and updating ownership. It shows all the detailed interests and contains the entire information of the previous and present land owners. However, inappropriate record of rights for example mistakes in land records increases difficulties in every aspect of land tenure. In these circumstances, it is essential to be familiar with record of rights mechanism while making land records so that no mistake takes place. This paper aims to study the existing categories of land record of rights, types of usual mistakes in the record, reasons for such mistakes, methods of correction of mistakes, and liability for such mistakes in the land record of rights. In addition, this paper intends to assess the categories of core causes of challenges in land survey and records, and provides recommendations to overcome those challenges. This article is based on the primary and secondary sources and descriptive in nature. Secondary data has been collected from text books, journal articles, judicial precedents, websites, reports and so on. In completing this study, qualitative approach has been adopted to make an analytical reasoning in identifying the relevant laws as regards Record-of-rights in Bangladesh. Practical experience as a legal officer and associates of Law Chambers has been reflected in this article.

RESOLVING “LOT LIDI” PROPRIETORSHIP THROUGH THE NATIONAL LAND CODE: A GROUNDBREAKING PRELIMINARY ANALYSIS

The issue of land subdivision conflicts, specifically "lot lidi," remains unresolved. To date, the rights of “lot lidi” purchasers are not safeguarded under the National Land Code (NLC) due to the failure to register buyers' names in the documents of title. This study aims to devise a method for registering buyers' names in the documents of title from a land law perspective. The objective is to identify existing land laws that can address the proprietorhip issues of “lot lidi”. The scope of this study focuses on resolving “lot lidi” issues through current land laws that can be implemented by the Land Office and State Authorities. Additionally, the study specifically addresses “lot lidi”, which are alienated lands categorized as agricultural and illegally subdivided through unapproved sketches for residential plots. The research also examines the sale of “lot lidi” outside the framework of NLC, which prevents the registration of buyers' names in the documents of title due to legal prohibitions on such transactions. This qualitative study employs literature review and semi-structured interviews with respondents from land administration, legal officers, legal practitioners, and academics. The findings reveal ten (10) provisions within the NLC that can be referenced to develop a method for resolving “lot lidi” proprietorship. The study's results yield two (2) main outcomes: first, a detailed breakdown of provisions based on three (3) stages—application, approval, and registration; second, specific attributes within each stage that are organized to be easily understood. Ultimately, the existing provisions for resolving “lot lidi’ and their details can be extracted to guide stakeholders in developing solutions for “lot lidi” proprietorhip issues.

Professional Liabilities of Legal Officer in Providing Legal Opinion to the Corporate Directors

The legal officer must be neutral when providing legal opinions to the directors. Therefore, the liability for providing legal opinions belongs to the directors. The research objectives are to specifically analyse the position of a legal officer as an employee of a company; and analyse the professional liability of a legal officer in providing legal opinion to the company’s directors. This research uses normative law research method with normative case studies in the form of legal behaviour products. While the approach method is a statutory approach. The legal officer is authorized in determining the measures to be taken by the company in accordance with the orders of the directors and applicable company regulations. The liability of the legal officer is limited to providing opinions in accordance with the duties and functions assigned by order of the directors in good faith and professionally.

Ethnography of Legal Aid Post-Room: A Review of Equality in Legal Services at the Surabaya Religious Court

This article explores the opportunities and difficulties that exist for affective control in the Legal Aid Post-Room of the Religious Court (Pengadilan Agama) of Surabaya. Humans and non-human entities coexist in this space, entwined in a relational way to be present together. The ethnographic methodology was selected to get empirical data gathered via five months of observation and interactive discussion. Regarding interpersonal relationships, language use, and the physical space of the Legal Aid Post, the paper contends that Legal Aid workers, informants, and guests are all intertwined. The research findings show ethnographically the atmosphere of the service and reporting process in the Legal Aid Post space as part of the performance in the theater of equality and non-discrimination to demonstrate the sympathetic attitude of Legal Aid officers towards informants. These findings ultimately affirm the presence of emotional atmospheres at certain moments in the Legal Aid Post space, necessitating officers to exhibit creativity. The focus on linguistic expressions to approach feelings and atmospheres in the Legal Aid Post space, in turn, can affect the quality of service. The role of material arrangement, semantic content, and affective experience is utilized to serve the impoverished community in shaping their experiences in seeking justice and the semantic content of what is said

Empirical Study on Procurement Planning Practices and Procurement Performance of Centenary Bank, Uganda

Purpose: Commercial banks have over time had procurement performance challenges owing from the poor procurement planning as reported in different procurement management literature. This study was carried out to examine the relationship between procurement planning and procurement performance of Centenary Bank Mapeera (CBM). Materials and Methods: Cross sectional survey research design was used to collect both quantitative and qualitative data from centenary bank team leaders, tender committee members, procurement officers, legal officers, procurement and disposal unit staff, credit officers, branch management officers and from prequalified suppliers and provider’s FY 2022/23. From a total population of 190 employees, a sample size of 129 was determined using Slovin’s (1965) formula. Specific random and none random sampling techniques were used to select respondents. Data was collected using questionnaires and interview guide and was analyzed using correlation and thematic analysis techniques. Findings: The findings displayed in the correlation analysis results for CBM (r = 0.653, p<.01) show a significant positive relationship between the predictor variable and the outcome variable. Specifically, budgeting and procurement performance at CBM were positive and significant (r =0.532, p<.01); needs assessment and procurement performance were significant and positive (r =0.484, p<.01); however, for contract administration and procurement performance the relationship was positive but none significant (r =0.613, p>.05). The likely explanation here could have been the fact that entities are geared towards cost reduction at the cost of quality improvement which would be possible through procurement planning. Implications to Theory, Practice and Policy: From this study it is envisaged that commercial banks which institute systematic procurement planning systems would realize improvement in procurement performance. Keywords: Procurement, Performance, Central Bank, Uganda, Planning JEL Classification Codes: H32; H57; J18; L91; M21;

Impediments to Implementation of the Procurement Audit Recommendations in the Public Sector in Tanzania: Challenges and Solutions

The study investigates impediments that hinder the implementation of audit recommendations in the public sector and suggests suitable recommendations. The study employs a semi-structured interview method to gather data from stakeholders involved in public procurement. These stakeholders are from 51 procuring entities, which include Ministries, Departments and Agencies (MDAs), Parastatals (PAs), and Local Government Authorities (LGAs). This study sampled and interviewed a total of 51 employees. The individuals included in this group are procurement officers, accounting officers, tender board members, internal auditors, engineers, information and communication technology experts, transport officers, legal officers, and finance managers from the selected procuring firms. The data has been analyzed through the technique of content analysis. The study found that the insufficient implementation of audit recommendations in Tanzanian procuring entities is due to ineffective monitoring mechanisms for implementing the recommendations, insufficient resources needed to carry out the recommendations, and a lack of commitment among stakeholders in the organizations to implement the recommendations. The study suggests that the oversight bodies should establish an effective monitoring mechanism to ensure the implementation of the audit recommendations, the government should ensure that the procuring entities possess the resources to carry out audit recommendations. Additionally, procuring entities must demonstrate a strong commitment to executing the audit recommendations.

Review Of Law Violations Against Lecturers Who Are Professionally As Notaries And Advocates

Severak University, particularly graduate schools or colleges that have regulation resources or postgraduate projects; There are a large number in the legitimate field, for example, Legal officials, Supporters, Judges, and lawful callings or other legitimate professionals who are thought of as logically qualified and have a bringing in the scholarly field, becoming speakers or showing staff at graduate schools or regulation resources or projects. postgraduate. Completing double callings as a Supporter and furthermore as a teacher or showing staff some of the time leads to questions in regards to whether the double situation as a speaker or showing staff might be done and on the other hand whether the teacher may likewise act as a Promoter. This uncertainty can possibly bring about occasions that occasionally lead to states of legitimate vulnerability. In this exploration, the creator utilizes regularizing examination or library research techniques. Lawful examination completed by inspecting library materials or auxiliary information can be called regularizing legitimate exploration or library research. The examination results demonstrate the way that promoters can become teachers who are non-government workers. This likewise applies to the Public accountant calling who can become teachers, however for the legal official calling, in completing their calling, they are disallowed from filling in as heads of advanced education foundations or standing firm on underlying footings in advanced education establishments. The lawful ramifications for Public accountants who stand firm on simultaneous footings as heads of Advanced education Establishments with the presence of genuine legitimate guidelines, then, at that point, the activity and execution of authorizations against Legal officials who abuse the Public accountant's governing set of principles are forced with the sort and level of approvals for Disregarding Public accountants as: composed advance notice sanctions, impermanent suspension, transitory excusal , brief stop. with deference, to end without regard.

The customer is always right? Corporate client influence and women’s attainment in large US law firms

Abstract Drawing on resource dependence and new institutional theories, this article examines the impact of corporate clients on the representation of women among associates and partners of large US law firms. We investigate the influence of women in corporate executive positions, women corporate chief legal officers, and clients who join in collective efforts to advocate for law firm diversity, as well as the role of power and dependence in client–firm relationships. We use longitudinal data on 665 law offices from the 2005 and 2010 editions of the NALP Directory of Legal Employers and incorporate client characteristics from the 2005 National Law Journal client list. We find that women executives among a firm’s corporate clients are linked to greater representation of women among law firm associates, but we observe no effects among partners, and scant effects of client participation in a key collective advocacy effort. Firm independence from client power is negatively linked to gender diversity among associates, while client independence from firm power is positively associated with women’s representation at both the associate and partner levels. In addition, firm independence from client power weakens the influence of female and activist corporate leaders on gender diversity in the case of associates but strengthens their influence in the case of partners.

Beyond Sentience: Legally Recognizing Animals’ Sociability and Agency

Abstract The recognition of animal sentience in law has created high expectations but has not yet lived up to them. In some jurisdictions, the recognition of animal sentience has formed the basis of new legal obligations imposed on humans to protect animal interests. So far, however, its potential has been limited because legal officials have interpreted sentience narrowly, as mainly referring to pain. This article proposes identifying other animal characteristics to better serve animal interests, namely sociability and agency. These animal characteristics could, like sentience, be legally recognized by legislatures and receive normative force from the courts. This article argues that the legal recognition of sociability and agency could address animal exploitation and killing. Animal sociability and agency are already implicitly recognized by the law of most Western states, making it easier for them to be explicitly recognized in the future. Although these characteristics are already found in the law, they have the potential to be more disruptive than sentience because they have never served as the basis for the legal protection of animals. In other words, their potential as protective tools remains underexplored and underexploited. Moreover, sociability and agency more intuitively suggest normative implications because of their demanding nature. Acknowledging that a being is social and agential implies recognizing her need for social relationships and ensuring that her choices are fulfilled. This research article provides antispeciesist scholars and activists with a critical overview of new concepts around which some may wish to rally, particularly since the legal recognition of sentience has shown limits in multiple jurisdictions. This article explores the potential of legally recognizing sociability and agency by taking examples from the lives of dogs, cows, cats, horses, northern gannets, and dolphins.

Effect of Procurement Contract Management Practices on Performance of Public Institutions. A Case of Integrated Polytechnic Regional College (IPRC) Musanze, Rwanda

The general objective of this research was to examine the effectiveness of procurement contract management practices on performance of public institutions in Rwanda. The specific objectives of the study were to assess the effect of contract cycle on performance of Integrated Polytechnic Regional College (IPRC) Musanze, analyze the effect of contract execution on performance of Integrated Polytechnic Regional College (IPRC) Musanze, examine the effect of contract relationship management on performance of Integrated Polytechnic Regional College (IPRC) Musanze and assess the effect of contract monitoring on performance of Integrated Polytechnic Regional College (IPRC) Musanze. This study utilized descriptive and correlation analysis as its primary research methods. A descriptive study also was used to describe the participants’ demographic information. A correlational analysis also was performed. The researcher was able to identify the relationship among contract management and performance of public institutions through a correlation study. The study population for this study was 72 Staffs of IPRC Musanze including Principal, Deputy Principal in Charge of Academics and Training, Corporate services Division Manager, Legal officer, Internal auditor, Logistics officer, Store keeper, Procurement Officer, Administration & Finance department, Workshop Assistants (End users), Instructors (End users), Receiving committee, Contract management team and public tender committee. Given the limited number of individuals or units in the population under study, the researcher has chosen to use a census inquiry method rather than sampling. Documentary, interview and questionnaire sources used as tools of data collection for the study. Questionnaires were distributed to 72 employees of IPRC Musanze. Using SPSS, the researcher determined descriptive statistics such as frequency distributions, percentages, means, and correlations. The correlation results show that a strong contract cycle exhibits highly significant positive correlation with the Performance of public institution (r=0.668, p=0.000<0.05). Effective Contract execution is significantly correlated with Performance of public institution (r=0.627, p=0.000<0.05). Contract relationship significantly correlates with Performance of public institution (r=0.699, p=0.000<0.05). Contract monitoring demonstrates a significant positive relationship with the Performance of public institution (r=0.699, p=0.000<0.05). The findings show that contract execution shows the highest effect (β1 = 0.264, t=2.760), followed by contract monitoring (β2= 0.239, t=2.069), contract cycle (β3= 0.232, t=1.884), and relationship (β4=0.212, t=1.592). IPRC Musanze should strengthen performance through enhanced contract cycles, execution, relationships, and monitoring, while focusing on sustainability and technology integration.

JUDICIAL ANALYSIS OF PROVIDING LEGAL ASSISTANCE TO THE POOR IN REALIZING ACCESS TO JUSTICE

This study focuses on the implementation of free legal services for individuals by the Legal Aid Office (LBS) and the Ministry of Justice, in accordance with Law No. 16 of 2011 on Legal Aid. According to Article 1 paragraph 3 of the Law, the Legal Aid Office is a legal entity or a community organization that provides legal services. The aim of this study is to understand the function and role of the Human Rights Commission as law enforcement officers and to comprehend issues related to the implementation of legal services. The research method employed in this study is normative legal research, utilizing primary and secondary legal sources. Material analysis in this research involves committee work that systematically categorizes legal materials to facilitate the analysis of the research work. The study reveals that the primary authority for legal services lies with LBS/Orkemas, which is authorized to verify and accredit the Human Rights Commission as a legal service provider. Furthermore, the study emphasizes the importance of understanding the function and role of the Human Rights Commission as law enforcement officers and underscores their crucial involvement in the implementation of legal services. The research also highlights that the main authority for legal services is vested in LBS/Orkemas, which has been verified and accredited by the Human Rights Commission as a legal service provider.

Cannabis use, health problems, and criminal offences in Germany: national and state-level trends between 2009 and 2021.

The German federal government plans to decriminalise cannabis. The impact of this policy on use prevalence, cannabis-related health and legal problems cannot be fully anticipated and should be viewed in context with current trends. We used routine data on (a) cannabis use (population-based surveys), (b) cannabis-related diagnoses (ICD-10 code F12) in outpatient medical settings and (c) minor law offences (registered violations against the narcotics law for possessing small amounts) to analyse age and sex-specific trends by federal state between 2009 and 2021. To enable comparisons across time and federal state besides crude prevalence rates, age-standardised rates were calculated. Between 2009 and 2021, the age-standardised prevalence of cannabis use (5.7-10.6%), rate of diagnoses (1.1-3.7 per 1,000), and legal offences (1.8-3.1 per 1,000) increased, with the largest increase noted for cannabis-related diagnoses. Relatively, increases were most pronounced for older users (40-to-59-year-olds: use and offences; 35-to-44-year-olds: cannabis-related diagnoses) and rather stagnant for minors. Cannabis use and health problems appear to be more pronounced in Northern and city states, while no clear geographic trend was observed for law offences. Cannabis-related outpatient treatment demand has risen more steeply than use prevalence suggesting an increasing challenge for the health care system. Despite rising rates for documented offences, the long-term implications of law violations on social and occupational life are poorly understood but may be considered for evaluations of the proposed law changes.

The Law Enforcement of Guarantees Halal Products in Indonesia

Law No. 33 of 2014 concerning GUARANTEES Halal Products states that products that enter, circulate, and are traded in the territory of Indonesia must be halal certified, except for products with ingredients that are prohibited. Business actors who do not carry out their obligations in halal certification can be subject to administrative sanctions and criminal sanctions. Based on the provisions above, law enforcement for Halal Product Guarantee must at least look at the factors of legal certainty, enforcement officers, facilities, culture and society. The main problem in this research; First, how is the JPH law enforcement process considering that until now there are still many industrial products that have not carried out halal certification. Second, how are the procedures for applying criminal or administrative sanctions applied to products that violate the provisions of halal certification. This study aims to determine the law enforcement of halal product guarantees in Indonesia in terms of the aspects of legal certainty, justice and benefits for all economic actors in Indonesia. This study uses the method of literature review (library research), namely research based on the opinions of legal experts. The research results conclude that; first, in the process of enforcing the law on halal product guarantees, it refers to other provisions that have been presented by the government, such as PP No. 31 of 2019, PP no. 39 of 2021, Minister of Religion Regulation No. 26 of 2019, Law no. 21 of 2000, Law no. 8 of 1999. As of October 17, 2024, the imposition of sanctions on business actors who do not yet have halal certification has not been enforced, however, products that already have halal certification but commit serious violations by using illegal substances can be subject to criminal provisions since Law Number 33 of 2014 was declared effective (5 Years after stipulation). Second, criminal provisions for violations of halal-certified products can refer to Article 4a, Article 7, Article 8f, and Article 62 paragraph (1) of the Consumer Protection Law. Settlement of the criminal case also refers to the provisions of the criminal procedural law which are the territory of the general court

In Case You Haven't Heard…

Being in treatment on buprenorphine or methadone can get you in trouble. Yet another patient in recovery from opioid use disorder has had his treatment used against him. A young man who proudly passed the bar exam and had an employment contract with a law firm was told by Tennessee state authorities that they doubted his ability to practice law because he was taking buprenorphine, a medication that had helped him achieve what he called “normalcy.” An excellent write‐up aired by NBC News last week described the ordeal of Derek Scott, the first in his family to even go to high school, and then later, after struggling with opioid addiction and other problems, to have achieved recovery and enrolled in college at age 32. Sally Friedman of the Legal Action Center discussed the many violations of the Americans with Disabilities Act this case entails, with legal officials, of all people, in charge. The U.S. Department of Justice has been investigating such cases and is investigating Scott's. Stay tuned. For the story, go to https://www.nbcnews.com/news/us‐news/tennessee‐lawyer‐opioid‐addiction‐medication‐ada‐discrimination‐rcna126358.

Legal Protection for Women and Children Victims of Domestic Violence in Gorontalo City

Violence against women and children is worrying enough. There is a lot of violence against women and children in the domestic (household) environment. Violence against women and children is an act that is contrary to the basic principles of humanity. Because acts of violence against women are violations of human rights, a national legal instrument is needed to eliminate violence against women and children in Indonesia. The purpose of this research is to find out the legal protection efforts given to women and children as victims of domestic violence. data analysis The description used in this study is a qualitative type of qualitative research that aims to find facts, conditions, changes in phenomena, conditions during the research and what is presented. The results of this study indicate that there are efforts to protect themselves from the law. In Indonesian law, such as: Law Number 23 of 2004 concerning the Elimination of Domestic Violence Reform Forms of direct legal protection from existing institutions such as: Integrated service centers and legal support offices.

Power and Law in The Context of Separation of Powers: A Qualitative Study of The Relationship Between The Executive and The Judiciary

This study aims to delve deeper into the relationship between the executive and the judiciary in the context of separation of powers. Through a qualitative study approach, this study will analyze the dynamics of power and the role of law in influencing the interaction between the two branches of government. The research will involve in-depth interviews with legal practitioners, judges, executive officers, and other relevant stakeholders to gather in-depth qualitative data. Data analysis will be carried out by taking into account theoretical perspectives and concepts related to separation of powers, political power, judicial independence, and the role of law in the government system. The results of this study conclude that a better understanding of the dynamics of power and law in the relationship between the executive and the judiciary provides valuable insights for policymakers and law enforcers in strengthening the separation of powers and improving equitable governance systems.

Mapping Personality Traits and Gender-Based Stereotypes on Perceived Negotiation Skills

Implementing effective dispute resolution strategies such as negotiation has proved to be quite effective whenever there is a divergence of interest between two conflicting groups. This study aims to see if gender-based stereotypes or specific personality traits can positively or negatively influence negotiation skills in an attempt to improve the negotiation process, whereby individuals could be trained to adopt specific behaviors to obtain more favorable negotiation results. Using the expectancy violation theory (EVT) to analyze how individuals respond to unanticipated violations of social norms and expectations whilst negotiating, a quantitative study was carried out among legal officers working in private, public, and parastatal organizations in Mauritius. The sample size, 270, was calculated based on a population size of 899 as per records of the Mauritius Bar Council. The results demonstrate most legal officers were equipped with good negotiation skills, with no significant difference between males and females (U = 1138.50, p > 0.05), while a high level of neuroticism was indicative of poor negotiation skills (τb = −0.167, p > 0.05). These findings demonstrate that participants agreed that their negotiation skills were influenced in gender-dominated meetings which align with the principles of the EVT, the violation of certain expected negotiation behavior based on gender impact negotiation outcomes. Since negotiation skills were significantly associated with negotiation outcomes (χ2(4) = 37.963, p < 0.05), this provides pointers to businesses on how to improve and optimize negotiation outcomes by choosing a negotiator with the most apt personality traits.

Uncertainty and Condemnation. An Experimental Study on Lay and Expert Intuitions Regarding the Object of Criminal Punishment

The object of criminal punishment (what exactly an offender is punished for) is a central construct of criminal law theory, but it remains hard to identify in many contexts. This is especially relevant in the case of proxy crimes—offenses that criminalize behavior that does not seem wrongful per se but stands in for some other hard-to-prove wrongdoing. What is the object of punishment imposed on a person convicted of a proxy crime? Is it the criminalized conduct itself or the primary wrongdoing (which could not have been proven)? Our experimental study demonstrates that people tend to find a defendant guilty of a proxy crime most frequently when there is an indication of the primary wrongdoing as opposed to being charged with a primary offense in the context of the same evidence and being charged with a proxy in the absence of suspicion of the primary offense. However, we find evidence of discrepancies between laypeople and legal experts: the former seeing the object of punishment in a rather naively legalistic way, and the latter adhering to an instrumental vision. This challenges theories that postulate that the task of criminal law is to send messages that are understandable to both legal officials and citizens.