Practice Of Law Research Articles

Legal basis of rule-making activity of the advocacy self-government bodies

Corporate lawmaking is a special type of lawmaking by non-governmental organizations. One of the varieties of which is rulemaking by the advocacy self-government bodies. Corporate lawmaking by the advocacy self-government bodies consists in the adoption and approval of regulations governing the internal activities of the advocacy self-government bodies. These regulations are aimed at ensuring the internal organization and functioning of the bar community, ensuring high professional standards, protecting the rights and interests of clients, and maintaining the disciplinary policy among the subjects of the practice of law. Decisions issued by the advocacy self-government bodies on the basis of a special law and their binding effect on the institutional environment of the bar ensure internal regulation of the functioning of the bar by corporate norms. With regard to the decisions of the advocacy self-government bodies, these local regulations establish the rules and standards of professional conduct of advocates, the internal organization and functioning of the bar community based on generally accepted legal principles and norms established by international and national legislation. The corporate acts of the advocacy self-government bodies are: The UNBA Statute; regulations on the advocacy self-government bodies and regulations defining their legal status, rules and procedures for their organization and functioning; codes and recommendations adopted by international and regional associations and societies of attorneys; ethical rules; decisions of the general meetings (conferences); instructions approved by orders of the UNBA and the Bar Council of Ukraine; decisions made on specific issues that regulate the internal activities of the Bar or relate to certain aspects of the practice of law (e.g., the Procedure for the Advocates’ Advanced Training); explanations to the decisions of the Bar Council of Ukraine, which are an integral part of these decisions, as they are adopted as annexes to the latter (e.g., On the Length of Service in the Field of Law for Persons with a Higher Legal Education), etc. Since the Law of Ukraine «On Lawmaking» is primary and systematically regulates the sphere of relations in the field of lawmaking, it is advisable to amend Part 2 of Article 4 of the Law to supplement the list of subjects of lawmaking. In particular, paragraph 11 of Part 2 of Article 4 of the Law of Ukraine «On Lawmaking» should be supplemented with the words «state and non-governmental organizations». Accordingly, «non-governmental organizations» should be included in the list of subjects of lawmaking activities and lawmaking initiatives. Such non-governmental entities with rule-making powers are the advocacy self-government bodies that adopt corporate acts in the form of resolutions. Key words: Law of Ukraine «On Lawmaking», advocacy self-government bodies, corporate rulemaking, corporate rules, decisions of advocacy self-government bodies.

How economic downturns affect legal markets

ABSTRACT Periods of economic downturn are of keen interest to the law. The legal literature primarily focuses on how laws and legal markets affect – by contributing to or abating – economic downturns. This focus has left a sizeable gap in the literature analyzing the converse: how economic downturns affect law practice. The conventional wisdom is that economic downturns harm legal markets overall, and transaction practices in particular, but supporting data are not well studied. This paper helps fill the empirical gap by surveying and interviewing Bay Area attorneys from various law firms on their perception of the effects of economic downturns on legal markets. We find evidence to support the conventional wisdom at a high level of generality, but the granularity of our data lead to findings that significantly complicate the general picture. We find, for example, that personal-injury litigation is negatively affected by economic downturns, investment-management law is resilient, and healthcare transactional work can be positively affected. Our study reveals a highly complex picture of the effects of economic downturns on legal markets, effects that are dependent upon a constellation of factors. Overall, our study offers a more nuanced understanding of economic downturns and the legal profession.

Implementation Of Medan Mayor Regulation Number 26 Of 2024 Concerning Guidance For Implementing Subscription Parking Services On The Road Side From A State Constitutional Law Perspective

One of the public policies in the form of regional head regulations of the Regent/Mayor is the Medan City Mayor Regulation Policy (Perwal) Number 26 of 2024 concerning the Implementation of Subscription Parking on Public Roadsides. The regulation implements a roadside subscription parking system in the capital city of North Sumatra Province by subscription starting July 1, 2024. The amount of the subscription parking fee is IDR 90,000/year for two-wheeled vehicles, IDR 130,000/year for four-wheeled vehicles, and IDR 168.000,000/year for trucks/buses.This study uses the Empirical Juridical Type of legal research method, namely research that focuses on examining theory and practice in positive law. is research that places law as a social phenomenon. The data collection method used is by interview. This study refers to primary and secondary data (field and library data). The public supports the subscription parking program to maximize the acquisition of Regional Original Income (PAD) from the parking sector, but the process, substance and implementation must not violate the rights of citizens, especially if it conflicts with applicable laws and regulations.

Going Further in Combating Transnational Bribery: Voluntary Disclosure and Federal Transparency in America's Foreign Corrupt Practices Laws

The purpose of this research is to analyze the role of incentives and mitigation strategies related to voluntary reporting in enforcing anti-corruption laws, especially in the context of the Foreign Corrupt Practices Act (FCPA) in the United States. This study shows that voluntary disclosures made by companies in anti-corruption law enforcement, based on an in-depth literature review, play an important role in facilitating effective collaboration between business and government entities. This study shows that voluntary disclosures made by companies in anti-corruption law enforcement, based on an in-depth literature review, play an important role in facilitating effective collaboration between business and government entities. A company's decision to voluntarily report Foreign Corrupt Practices Act (FCPA) violations is a complex strategic move influenced by legal incentives, cost-benefit calculations, reputational risks, and financial impacts. Further research is needed regarding longitudinal studies to examine the long-term impact of voluntary reporting on corporate reputation and financial performance. This research underscores the importance of this study and its relevance in a global context that increasingly demands corporate transparency and accountability.

Returning to rebellious roots: What rebellious lawyering can offer progressive law in Australia

Over the last 50 years, the practice of progressive law in Australia has drifted from radical, change-focused origins to a more cautious and limited approach. The theory of rebellious lawyering offers an evolving and principled model that can assist a new generation of Australian lawyers seeking to build the power of grassroots movements for transformative social change. As progressive law in Australia emerges from decades of funding instability and contracting ambition, a return to our rebellious roots – through talking, writing, strategising and building connections between lawyers working with impacted communities – is exactly what is needed.

Inheriting the Red Spirit and Exploring Youth Development

A new historical journey, striving for new youth, and carrying out the road of red historical exploration is a thing worth recording. The Communist Party of China provides group support for the majority of aspiring young people, cultivates advanced ideas, establishes lofty ideals, encourages personal practice, and comprehends the glorious ideas of communism in the experience of retracing the road of struggle. This article takes the historical trajectory of the Communist Party of China as the main line of research, walks into the exhibition hall, deeply understands the development process of the party and the achievements of urban progress, and does a good job in practice summary. In the process of social practice, think about the significance of inheriting the red spirit for the struggle of young people, and explore how young people struggle from the historical process to the law of practice.

Application of The Principle of Justice in Islamic Civil Dispute Resolution in Indonesia

This article discusses the application of the principle of justice in the resolution of Islamic civil disputes in Indonesia by using qualitative methods through literature studies and research in libraries. Justice is one of the important aspects in the resolution of Islamic civil disputes to ensure that individual rights are defended in accordance with the principles of fair and balanced Islamic law. This study explores various sources of literature related to Islamic civil law practice, justice, and dispute resolution in Indonesia. In the context of Islamic civil law, justice refers not only to compliance with formal law, but also to the moral, ethical, and social justice aspects that underlie Islamic teachings. This article reviews the concept of justice in Islam which includes individual rights, protection of the public interest, and dispute resolution mechanisms that prioritize mediation and peace. The results of the study show that the application of the principle of justice in Islamic civil dispute resolution in Indonesia still faces various challenges, such as obstacles in the implementation of the law, a culture of conflict resolution, and limited access to the judicial system. Nevertheless, measures to improve justice in Islamic civil dispute resolution continue to be developed, including through increasing understanding of Islamic law, training for law enforcement officers, and promoting alternative dispute resolution that is deliberative.

The Role of KH. Fakhrurrazi in the Field of Hadith in Ogan Ilir Regency, South Sumatra

Ulama are people who play an important role in the lives of Muslims, starting from asking questions about things related to religion to solving social problems in society. There are quite a lot of scholars who have or possess very high levels of knowledge, but not many people recognize and know these scholars, as is the case with KH. Fakhrurrazi. This research aims to find out the role of KH. Fakhrurrazi in the field of hadith in Ogan Ilir Regency, South Sumatra. This research was conducted using qualitative methods and field research, as well as data analysis using descriptive-analytical analysis. The research results show that the role of KH. Fakhrurrazi in the field of hadith is reflected in his pious and productive personality in writing ahkam hadith books. The writing of this book was specifically used as a means to make things easier for the students and the people of Seribandung village who studied with it. Apart from that, the ahkam hadith he wrote was also aimed at people who really needed explanations of hadiths that discussed the law at that time to provide new insights. Although KH. Fakhrurrazi only re-copied the books contained in Kutub al-Sittah, but the results of his work had a significant impact on society, namely changing the pattern of life of the community with regard to the practices of muamalah law. This is a major contribution by KH. Fakhrurrazi in his time studying hadith, considering the limitations and developments of the times, which were not like today.

Civil Implications of Monopoly Practices in Business Competition Law in Indonesia

Monopoly practices present substantial challenges to both civil rights and economic equity in Indonesia. This article provides a comprehensive analysis of the civil implications of monopolistic behavior within the context of Indonesian business competition law. The study delves into the multifaceted impacts of monopolies on market dynamics, consumer rights, and overall economic health. It is evident that monopolistic practices distort market fairness by limiting consumer choices, inflating prices, and diminishing the quality of goods and services. These adverse outcomes highlight significant violations of civil rights, particularly in restricting individuals' freedom to make informed and free choices in the marketplace. The legal framework in Indonesia, while foundational, often lacks the robustness required to effectively address the sophisticated nature of modern monopolistic strategies. The effectiveness of these laws is crucial in curbing monopolistic behavior and ensuring fair market conditions. Through a detailed examination of existing regulations and their enforcement, this article identifies key areas where legal improvements are necessary. It advocates for a more comprehensive policy approach and enhanced regulatory mechanisms to safeguard against the civil and economic repercussions of monopoly practices. Furthermore, the economic implications of monopolistic practices are discussed, emphasizing how they contribute to market inefficiencies and economic disparities. By concentrating market power, monopolies not only stifle competition but also create barriers to entry for smaller businesses, thereby hindering innovation and economic growth. The article concludes with recommendations aimed at strengthening Indonesia's legal and regulatory framework to better protect consumer rights and promote a more equitable economic environment.

Equality and Non-Discrimination in Armed Conflict: Humanitarian and Human Rights Law in Practice

In this edition of the Review's “Beyond the Literature” series, we have invited George Dvaladze to introduce his recent book Equality and Non-Discrimination in Armed Conflict, before then posing a series of questions to Nelly Kamunde, Mona Rishmawi, Vanessa Murphy and Alexander Breitegger.Nelly Kamunde is a lawyer in Kenya and has been working as an independent researcher, lecturer, and trainer with various institutions in international humanitarian law (IHL). Mona Rishmawi is the former Chief of the Rule of Law, Equality and Non-Discrimination Branch of the Office of the UN High Commissioner for Human Rights. Vanessa Murphy is the International Committee of the Red Cross (ICRC) Legal Adviser responsible for conflict-related legal issues regarding gender, the protection of children and the protection of the environment. Alexander Breitegger is a Senior Legal Adviser at the ICRC's Thematic Legal Advice Unit; he focuses on IHL and persons with disabilities as part of his thematic files and provides support for the implementation of the ICRC Vision 2030 on Disability.The Review team is grateful to all four discussants, and to George, for taking part in this engaging conversation.

The Company Law Analysis using the (COPRAS) Method

Company law is a crucial area of expertise or employment for experts in company secretarial work. The different provisions of the Companies Act, as well as its schedules, rules, notices, and circulars, as well as secretarial practice and case laws, are covered in-depth in this section. According to the law, a business is a body corporate with a different legal identity, status, and personality from the individuals who make up its membership. A company is, in the legal sense, a grouping of human and artificial beings that has been officially established by a nation's law. According to Indian law, there are seven different types of corporations: partnerships, limited liability companies, sole proprietorships, private limited companies, and public businesses (LLP). The list of types of businesses is below. The current law, the Companies Act of 1956, is made up of 15 Schedules and 658 provisions. There are 464 sections and 7 sections in the 2013 Companies Act. The Act includes fewer provisions since non-prescriptive regulations continue to control businesses. The Act's provisions served as the foundation for the notes that follow. company law Company law, also referred to as business law or company law, is the body of legislation that governs how businesses are formed, managed, and operated, as well as any associated rules, regulations, laws, and practices. Simply defined, corporate law deals with every legal problem that a business encounter. A Research's relevance is determined by the study itself. It speaks to the study's significance and contribution to a particular area of research. The emphasis is on who and how research findings are beneficial. It facilitates corporate success. We can use it to bolster truths and disprove lies. It serves as a tool for identifying, evaluating, and seizing opportunities. It encourages a love of reading and confidence in writing, analysis, and sharing important information. Leanne Zara emphasizes that "the major goal of research is to direct impact on people, prove a theory, as well as contribute to the advancement of knowledge in the subject of study" while discussing the significance of research. 4 Studies are the basis of information for the purpose of understanding and the primary source of providing laws or guidelines for managing various social, business, or governmental problems. A thorough research provides learners with critical thinking abilities, effective analysis, and research. It is a varied, systematic education that aids in effectively comprehending new advancements in one's specialty. The COPRAS-G method requires identifying selection criteria, evaluating information related to these criteria, and developing methods to evaluate Meeting the participant's needs Criteria for doing in order to assess the overall performance of the surrogate. Decision analysis involves a Decision Maker (DM) Situation to do consider a particular set of alternatives and select one among several alternatives, usually with conflicting criteria. For this reason, the developed complexity proportionality assessment (COPRAS) method can be used. Alternative Taken as Artificial person, Membership, Incorporated Association, Separate legal Existence and Perpetual Succession. Evaluation Parameters Taken as Common Seal, Limited Liability, Share Transfer, Maintenance of Account books, Audit of Accounts. Company law Membership is got the first rank whereas is the Incorporated Association is having the Lowest rank. Membership is got the first rank whereas is the Incorporated Association is having the Lowest rank.

Prediction of retrogressive landslide in sensitive clays by incorporating a novel strain softening law into the Material Point Method

Sensitive clays, when subjected to large strains, exhibit a unique strain-softening behavior, transforming into a remolded liquid with remarkably low shear strength. When a slope fails, this behavior leads to the remolded clay moving away from its original position, triggering subsequent failures and catastrophic outcomes. To accurately predict such scenarios, it is crucial to incorporate realistic strain-softening characteristics into the constitutive soil model. This paper presents a novel yet practical strain-softening law developed by the authors that effectively captures the post-peak behavior of sensitive clays down to their remolded strength. The softening law is implemented in an elastoplastic Mohr-Coulomb model and incorporated into Anura3D, an open-source software that uses the Material Point Method to simulate large deformations. The constitutive model is calibrated by simulating the stress-strain behavior through direct shear tests conducted at three sensitive clay landslide locations. The accuracy of the overall numerical framework is assessed by predicting the post-failure movements of these landslides. Notably, two of the landslides, Sainte-Monique (1994) and Saint-Jude (2010), have previously been analyzed using other numerical tools, allowing for a comparative analysis with the method presented here. The third landslide, the Saint-Luc-de-Vincennes landslide, representing a composite flow slide and spread, has been numerically simulated for the first time. The post-failure behavior observed in the landslide events is compared with field observations and other numerical analyses. The results show that the MPM models with the proposed strain-softening law can reasonably predict post-failure retrogression and runout distance, which are crucial parameters for determining the risk of landslides in sensitive clays.

Sect and Superstition: The Protestant Framework of American Codification

Abstract Elite lawyers who debated codification in the nineteenth-century United States treated codification as inseparable from a liberal Protestant textualism that had taken hold in the early national era. Legislators declared codification to be the necessary final step of the Protestant Reformation and frequently characterized common law lawyers as beholden to ‘superstition’ and ‘priestcraft’. Their opponents denounced the codifiers’ idea that texts alone could adequately convey common meanings and delighted to point out the endlessly fracturing glosses on supposedly ‘clear’ texts that divided the positivists into an ever-increasing number of sects. Many works have addressed the relationship between populism and positivism over the course of the codification debates in the United States. What these works have missed is the Protestantism. Understanding how lawyers of another generation approached these questions can help us to appreciate the varieties of American textualism, and the fact that today’s textualism may be as foreign to textualisms of the past as to other methods entirely. Rather than the forerunners of a modern, rationalist ‘Republic of Statutes’, the codifiers were the literal and figurative sons of a post-Calvinist generation that was unquenchably optimistic about the clarity of texts and the common sense of individuals reading them. This lens also helps us better understand the defenders of the common law, who were not so much the retrograde servants of property rights and judicial supremacy as they are often presented, but were more often practically minded lawyers who understood the limits to which legislative texts could change the complex practices of law on the ground.

Exploring perspectives on vaccinations delivered in complementary nonclinical settings and by nonphysician health professionals: A qualitative interview study

BackgroundAlthough vaccines are an effective solution for preventing infectious disease, some vaccination rates remain below national targets, creating a need to increase vaccination access and uptake. A potential solution to improve vaccination rates is the implementation of policies that allow for more convenient vaccination access, such as the expansion of vaccination delivery by nonphysician healthcare providers (NPHPs) outside of traditional clinical settings. ObjectiveTo understand perspectives on vaccine administration at complementary sites (such as pharmacies, mobile clinics, and pop-up clinics) by NPHPs, and the barriers surrounding administration. MethodsWe performed interviews with healthcare providers and vaccination policy experts to elicit perspectives on including vaccination program scope, facilitators and barriers to NPHPs administering vaccines, and recommendations for improvement of vaccine administration. Eligible participants were required to either work directly in vaccination administration or work in vaccination policy. ResultsThirty-eight participants completed interviews. Participants reported that U.S. individuals have a positive view of vaccination at complementary sites and by NPHPs, especially since the COVID-19 pandemic, where vaccination was often performed by NPHPs at complementary sites. Concerns expressed by participants included language barriers, out-of-pocket costs, and mistrust among marginalized communities. Participants described the complexity of state and local regulations, particularly scope of practice laws, as a barrier to implementation of NPHP vaccination programs at complementary sites. ConclusionNPHPs and vaccination advocates report that complementary sites represent a potentially important step to ensuring broader, more equitable vaccination service in the United States.

Application of Enforcement Mechanisms for Compliance with the Principle of the Rule of Law in European Union Practice

Application of Enforcement Mechanisms for Compliance with the Principle of the Rule of Law in European Union Practice

Comparison of Laws that Impact Volunteer Response in Three Disaster-Prone Southeastern States.

As natural disasters become more frequent and severe, the ability of impacted states to rapidly scale up their capacity to respond and facilitate recovery through volunteers is ever more crucial. However, the legal landscape that may facilitate or hamper augmentation through volunteers has yet to be fully explored. This study utilized policy surveillance methodology to code relevant laws identified in searches using the Emergency Law Inventory database and Westlaw. We assessed laws in three natural disaster-prone states: North Carolina, South Carolina, and Georgia. We assessed the presence of liability protection, license reciprocity, and scope of practice laws for health care volunteers. Of the three assessed legal domains, liability protection for health care volunteers across all states contained the most robust language. Liability protections apply unless the health care volunteers act with reckless disregard, willful misconduct, or gross negligence. However, nuance exists based on which organizations (state vs charitable) volunteers are affiliated with to qualify for coverage. License reciprocity for out-of-state specific health care professions entering the impacted states was available across all three states. However, only Georgia enacted federal model legislation that provides additional flexibility regarding credentialing and liability protections. Lastly, very few laws addressed the scope of practice in impacted states. Comparisons of laws that impact the ability of health care volunteers to respond and recover from disasters are scarce. More research needs to be performed to better understand the laws that impact volunteers in emergencies, particularly as the public health system is overtasked when providing services to impacted communities.

Policing Men, Policing Women: Responsibility and Accountability for Violence Against Women and Girls, Including Domestic Abuse and Femicide

Existing legal responses to violence against women and girls (VAWG) often focus on the behaviour of the victim as much as, or sometimes more than, that of the alleged perpetrator. The laws that are supposed to protect women and girls from abuse are used to ‘police’ the behaviour of women; access to remedies and redress can seem to be contingent on whether the victim has adhered to stereotypes of an ‘ideal/real’ or ‘deserving’ victim. Female victims of male violence, including femicide, are often judged for their own behaviour; what they ‘ought’ to have done to keep themselves safe. This ‘responsibilisation’ is evident in both the substantive law and in the implementation of the law in practice. This article will highlight some of the examples of victim blaming in existing legal responses to VAWG in England and Wales. It will consider the question: how can we focus less on victim behaviour and more on perpetrator responsibility and accountability? Jayne Cowie’s book After Dark offers a useful lens for examining this question. The article will explore the parallels between some of the existing preventative measures for domestic abuse in England and Wales and some of the fictional measures enacted in Cowie’s world, in particular cohabitation contracts and domestic violence disclosure schemes.

Shadows of Return

Abstract In Germany, the prosecution of female Islamic State (IS) returnees for property offences under international criminal law has become increasingly important in recent years. These prosecutions give reason for critical reflections on the basis and limits of protection of property in international criminal law in general and its application in practice, in particular under the German Code of Crimes Against International Law (Völkerstrafgesetzbuch). This article argues that despite a well-established normative basis for and legitimacy of protecting property in international criminal law, there are considerable deficiencies in the application of the relevant offence in German jurisprudence. These deficiencies concern, first, the distinction between the different modalities of war crimes against property; secondly, the phenomenon of so-called multiple appropriations; and, thirdly, requirements for determining the gravity of property crimes. The article criticizes the fact that legal practice has so far only insufficiently evaluated the international dimension of property offences, warranting a presumption as an international crime. It argues the need for the criminal justice system to take greater account of the aims and functions of international criminal law in legal practice.

Treiber, Hubert (2021). Die „rückwärtsgewandte Expertenreform“ – Eine verwaltungswissenschaftliche Studie zur Großen Strafrechtsreform der 1950er Jahre. Halle an der Saale: Universitätsverlag Halle-Wittenberg. 169 Seiten. ISBN: 978-3-86977-244-8.

The empirical study applies cluster analyses to records of the commission on criminal justice reform. By analysing discrepancies in the individual voting behaviour of the commission members, the study identifies distinct clusters which coincide with the commission members’ professional background: While the commission members with a scientific background hardly ever form a homogenous group, commission members who practice law e. g. as judges or who are public servants show a more consistent behaviour. This is attributed to the distinct role perceptions within the respective profession. Overall, the commission members represented mostly conservative values, leading to a criminal justice reform with strong reference to previous drafts. With this in mind, the book furthermore analyses rhetorical strategies used within the legal profession to obscure a person’s involvement in the Nazi-Regime.

Nigeria's Adoption of Robotic Lawyers: Legal and Socio-Economic Challenges

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>Technological advancement has greatly enhanced the global environment, it has improved every facet of the global industry. Currently in Nigeria, the Legal Profession has taken a bold dive by incorporating the use of technology in enhancing the practice of law. However, the current innovation of robotic lawyers in most countries may seem to be consistent with their legal systems. In this regard, it suffices to opine that given the fact that Nigeria is a developing country, there are legal and socio-economic issues that may affect or truncate the adoption of a robotic lawyer in Nigeria. It is in this regard that this study adopted a hybrid method of research in ascertaining the relevance of robotic lawyers, and the legal and socio-economic issues. Questionnaires were distributed to 305 respondent residents in Nigeria. The study found that the current trend of robotic lawyers is quite impressive, however, the nomenclature of law concerning the study and practice of Law in Nigeria does not recognize a robotic lawyer. Furthermore, some socio-economic issues such as internet fraudster, unemployment, insecurity, and poor maintenance culture may pose a challenge to the adoption of a robotic lawyer in Nigeria. In this regard, it was therefore concluded and recommended that for a smooth adoption of robotic lawyers in Nigeria, there is a need for legal approval and streamlining their roles to mere advisory to a client, training of Nigerian lawyers and judges to enhance the legal profession.</p></td></tr></tbody></table></div>