Procedural Matters Research Articles

Principals as Co-Advocates for Caregivers of Children With Disabilities: Possibilities and Realizations Beyond IDEA’s Collaborative Ideal

Although special education and its legal provisions under the Individuals with Disabilities Education Act (IDEA) were designed to support all children with disabilities, it has created a litigious and bureaucratic environment that further marginalizes disabled and labeled children of color and their families. Falling short of a collaborative ideal, school principals who can serve pivotal roles are often siloed from the rest of the school team, often lack special education knowledge and training beyond procedural matters, and can perpetuate inequities through their actions or inactions. We present a scenario illustrating the challenges and possibilities for school principals to promote equitable transformation through (a) an equitable, active leadership role, (b) embodying systemic equity commitments using intersectionality as praxis, (c) moving beyond school and district compliance, and (d) a co-advocacy role with families.

The Effectiveness Of The Implementation Of The Principle Of Confidentiality In The Enforcement Of Arbitral Awards In Indonesia

Litigants through ordinary courts (national of a country) have been generally considered ineffective for entrepreneurs. Therefore, the settlement of cases outside the court on the basis of peace is allowed by law in this case the law on judicial power. This is intended to facilitate the settlement of business disputes arbitration institutions have several advantages over the general judiciary. These advantages include guaranteed confidentiality of the parties ' disputes from the public. Delays caused in procedural and administrative matters can be avoided. The parties may select arbitrators who, in their belief, have knowledge and experience in resolving business disputes. However, there is a conflict between the principle of confidentiality in arbitration proceedings with the obligation to register an arbitration award to the court to obtain an executive warrant, where the court will provide case numbering and the hearing schedule will be uploaded to The Case Tracking Information System (SIPP). Initially, the public did not know that there was an arbitration hearing between Company A and Company B, but because of the system of registering decisions in court to obtain a writ of enforcement, the public became aware that there was an arbitration decision on a dispute between Company A and Company B, so that the effectiveness of the confidentiality principle did not work effectively and a Judicial Review of Article 59 of the arbitration law and APS was necessary for the implementation of the principle of confidentiality perfectly on the enforcement of arbitration decisions in Indonesia.

Subsidizing a sports arena in a bankrupt city: Detroit's Little Caesars Arena

AbstractObjectivesThe potential for ancillary real estate transformation and downtown revitalization has moved to the forefront of sports venue subsidy arguments. Despite the City of Detroit being in the largest municipal bankruptcy in U.S. history at the time, $324 million in public funding was directly provided to Little Caesars Arena, a new home for the Detroit Red Wings hockey team. Using the Detroit context, this article examines how a major arena subsidy deal arose in a severely financially distressed city.MethodsUsing a snowball technique, documents were collected from government, media, industry, community, legal, and academic sources to inform a retrospective, single case study. Over 300 documents covering a period from 1992 to 2021 were then reviewed for prospective relevance. A review of secondary media sources was conducted in lieu of traditional interviews.ResultsThe arena funding outcome is best explained by three interrelated aspects: local growth coalitions, real estate development promises, and lacking procedural and financial transparency exacerbated by both the chosen funding mechanism of tax increment financing (TIF) and the bankruptcy.ConclusionsWhere flexible financial subsidies and arena deal making are concerned, procedural transparency matters. Growth coalitions and rent‐seeking team owners can use the earmarked nature of TIF to circumvent traditional budgetary processes and mute prospective opposition through promises of self‐financing subsidies that will not result in new tax rate hikes. For venue deals where the substance is in the details of contractual obligations, transparency and adequate time for scrutiny are especially important.

A PARTIAL JUDGMENT IN POLISH CRIMINAL PROCEDURE

The present paper focuses on the institution of a partial judgment, provided for in Article 404c of the Code of Criminal Proceedings, which was introduced into Polish criminal procedure by the Act of 7 July 2023 Amending the Code of Civil Proceedings, the Law on the System of Ordinary Courts, the Code of Criminal Proceedings and Certain Other Acts (Journal of Laws of 2023, item 1860). The study analyses the grounds for resolving a case by way of a partial judgment and discusses procedural matters related to the issuance of this type of ruling. The article presents the ratio legis of the enactment of the provisions on a partial judgment and provides their legal-dogmatic analysis, as well as evaluating them from the point of view of the axiology of criminal procedure. It also makes proposals for the future concerning the institution in question.

From Natural Law to Relativism: Joseph Ratzinger on the Normative Transformation since Kant

ABSTRACT The aim of this article is to fill a certain gap in the assessment of relativism by drawing on Joseph Ratzinger’s (1927–2022) criticism of the normative transformation since Kant. During the Enlightenment, Natural Law was doubted as a cultural feature of Christianity that had no bearing on pluralist society. Consequently, this jurisprudential tradition underwent de-Hellenization and branched out in radical directions, the most decisive of which was Kant’s post-metaphysical system of natural values. Positivism and German Idealism attempted to restore the unity of philosophy that Kant’s philosophy had disrupted. Yet even more influentially, in the nineteenth and twentieth centuries it was Marxism that relativized the doxological aspect of normativity by emphasizing the importance of praxis. Since philosophy became neither an exact science as Kant had conceived it to be, nor a practical programme for social justice as Marxism had promised, the Existentialists, and particularly Sartre, advocated a more radical philosophy of freedom. Ratzinger argues that despite the nuances of post-Kantian philosophy, Positivism, Existentialism, and Marxism failed to comprehend the human condition and that the positivist method resulted in an overwhelming relativism that has reduced normativity to a matter of correct procedures rather than regarding it as the foundation of the inviolable dignity of the human being.

Procedural fairness and political attitudes: unpacking the experiences of victims of intimate partner violence with the police

What is the relationship between procedural fairness in encounters with the police and intimate partner violence (IPV) survivors’ attitudes? I argue that because of the emotional damage caused by victimization, survivors are especially attuned to the interpersonal treatment they receive when seeking help from specialized services (e. g., police). If this treatment is procedurally unfair, they might conclude that IPV laws are not effective and become less likely to report intentions to intervene by calling the police if they witness intimate partner violence. Relying on public opinion data from Brazil, I find that procedural fairness matters for survivors’ opinions about laws, but I found no relationship between procedural fairness and bystander intervention attitudes. I explore possible explanations for this non-finding with several additional analyses.

Provide Legal Assistance to Civil Servants in Positions as Actors of Goods / Services Procurement in Local Government Agencies with Justice and Legal Certainty

One of the guarantees of legal protection that must be provided is legal aid. As stated in paragraph (2) and paragraph (9) of Article 21 of Law 20 Year 2023 On State Civil Apparatus, hereinafter referred to as Law No. 20 Year 2023 jo. Article 308 (3) of Government Regulation No. 11/2017 on the Management of Civil Servants, hereinafter referred to as Government Regulation No. 11/2017, states that the government is responsible for providing legal assistance to civil servants (PNS) in cases related to the performance of their duties. At present, civil servants who face legal problems are most often legal problems related to criminal offenses, especially corruption. By looking at the above, of course, there are several problems that are built, namely, ontologically, questioning the reason for the law that requires the government to provide legal assistance to civil servants. Epistimologically, the ways and methods of providing legal assistance to civil servants, especially in their position as actors in the procurement of goods and services in the government region, Furthermore, axiologically, the principle of legality in the implementation of government (Wetmatigheid van Bestuur: matters of authority, procedure, and substance) provides a guarantee of protection in the form of legal assistance. In the context of legal problems, this legal problem is related to the "incompleteness of norms" between the Law on the State Civil Apparatus, which, in the course Law of the Republic of Indonesia Number 20 of 2023 on the State Civil Apparatus. Actually, it has been implicitly regulated in Article 308 paragraph (1) letter d of PP RI No. 11/2017, but incompletely, which emphasizes that the government is obliged to provide protection in the form of legal assistance. This legal assistance consists of providing information or opinions on rights and responsibilities in specific situations, disputes, lawsuits, or legal proceedings, which may be judicial, semi-judicial, or other.

Key Issues in the Intellectual Property Court’s Presidium Rulings

The comment reviews key positions in the rulings of the Presidium of the Russian Intellectual Property Court (IPC) issued between July and September of 2023. The Chamber hears cassation appeals against the decisions of the IPC first instance and deals primarily, but not only, with matters of registration and validity of industrial property rights. Therefore, the review predominantly covers substantive requirements for patent and trademark protection, as well as procedural issues both in the administrative adjudicating mechanism at the Patent office (Rospatent) and at the IPC itself. The current review encompasses a variety of topics related to trademark law, patent law and various procedural matters.

프랑스 민법에서 소멸시효 완성의 효과

In this article, the author examines the effects of liberative prescription in French civil law and its implications for the interpretation of the Korean Civil Code. The conclusions can be summarized as follows:
 1. The question of whether a right is extinguished by the expiration of a prescription period, whether the expiration must be pleaded as a defense, and who may plead it, is a long-standing issue that has been debated since Roman law.
 2. The provisions of the French Civil Code regarding the effects of liberative prescription generally align with the absolute theory in Korean law. The expiration of a prescription period results in the extinguishment of the right or its action, allowing the benefit of prescription to be claimed by other interested parties in addition to the debtor. However, the court cannot consider it ex officio, and restitution is not allowed if the extinguished obligation has been paid. In contrast to our absolute theory, French law differs in that the debtor's other creditors can claim the benefit of prescription only to the extent that the debtor is insolvent.
 3. The following observations can be drawn from French civil law for the interpretation of the Korean Civil Code. First, the necessity of claiming the benefit of prescription is closely related to the possibility of its waiver, and under the absolute theory, therefore, the defense of prescription is treated as a procedural matter concerning the extinguished rights. Second, in view of Article 404 (2), a debtor should be able to contest a defense of prescription against the oblique action of their creditor's creditor if the latter's claim is already time-barred. Third, claiming the benefit of prescription by other creditors of the debtor in question, including mortgagees in inferior rankings, is permissible, but only to the extent that the debtor is insolvent, aligning with the policy of the oblique action.

Human Dignity, Rights and Victim Participation in Criminal Justice

Human dignity is the cornerstone of human rights and central to the Treaty on European Union (EU) and the EU Charter of Fundamental Rights. It is embedded within constitutions across EU countries. This strong commitment to human dignity has given rise to extensive reflection on its centrality to correcting rights violations, inequality, discrimination and the oppressive conduct of state institutions. This article explores the work that human dignity does for people victimised by crime in the EU. We argue that the agentic human, central to the idea of victim participation, originates in human dignity. However, using a dignity lens, an analysis of victims’ rights documents and rights research reveals a paradox within the victim-friendly civil law jurisdictions of Europe. That is, the procedural position of the victim established in tradition and law is undermined by justice professionals’ attachment to the idea of the state’s ownership of the violation. We then discuss jurisprudence of the European Court of Human Rights relevant to the protection of human dignity to identify how this tension between the protection of individual victim rights, especially the right to remedy, and public interest is adjudicated. We suggest that the Court’s attention to individual rights should be harnessed by victim rights advocates and lawyers. While the victim’s procedural role matters to their substantive and meaningful participation in criminal proceedings, it is their right and capacity to act independent of the state that may matter more.

Pre-isolation procedures matter–Comparison of different filtration methods prior to DNA isolation in river microbiome analysis

A common method of preparing water samples for environmental DNA isolation is to vacuum filter the water sample through membrane filters. The aim of research was to test the performance of five methods of preparing river water samples for DNA isolation. DNA was isolated using a commercial kit and next-generation sequencing was performed on an Illumina Miseq platform. Pseudomonas spp. was the dominant bacterial genus in all samples. However, its relative abundance varied between samples. Depending on the volume of water filtered, the eluates yielded 62–63 % (V = 100 mL), 59–63.9 % (V = 50 mL), 17.8–19.4 % (V = 500 mL) of the relative abundance of Pseudomonas sp. In contrast, DNA isolation from the membrane filter (V = 100 mL) yielded 38 % and from the sediment after centrifugation 27 %. Differences were observed for all taxa obtained. The results indicate that even the sample volume used for filtration influences the results obtained from next-generation sequencing.

Exploring White Matter Abnormalities in Young Children with Autism Spectrum Disorder: Integrating Multi-shell Diffusion Data and Machine Learning Analysis

This study employed tract-based spatial statistics (TBSS) to investigate abnormalities in the white matter microstructure among children with autism spectrum disorder (ASD). Additionally, an eXtreme Gradient Boosting (XGBoost) model was developed to effectively classify individuals with ASD and typical developing children (TDC). Multi-shell diffusion weighted images were acquired from 62 children with ASD and 44 TDC. Using the Pydesigner procedure, diffusion tensor (DT), diffusion kurtosis (DK), and white matter tract integrity (WMTI) metrics were computed. Subsequently, TBSS analysis was applied to discern differences in these diffusion parameters between ASD and TDC groups. The XGBoost model was then trained using metrics showing significant differences, and Shapley Additive explanations (SHAP) values were computed to assess the feature importance in the model's predictions. TBSS analysis revealed a significant reduction in axonal diffusivity (AD) in the left posterior corona radiata and the right superior corona radiata. Among the DK indicators, mean kurtosis, axial kurtosis, and kurtosis fractional anisotropywere notably increased in children with ASD, with no significant difference in radial kurtosis. WMTI metrics such as axonal water fraction, axonal diffusivity of the extra-axonal space (EAS_AD), tortuosity of the extra-axonal space (EAS_TORT), and diffusivity of intra-axonal space (IAS_Da) were significantly increased, primarily in the corpus callosum and fornix. Notably, there was no significant difference in radial diffusivity of the extra-axial space (EAS_RD). The XGBoost model demonstrated excellent classification ability, and the SHAP analysis identified EAS_TORT as the feature with the highest importance in the model's predictions. This study utilized TBSS analyses with multi-shell diffusion data to examine white matter abnormalities in pediatric autism. Additionally, the developed XGBoost model showed outstanding performance in classifying ASD and TDC. The ranking of SHAP values based on the XGBoost model underscored the significance of features in influencing model predictions.

Ograničenja načela javnosti u poljskom građanskom postupku

The principle of openness, considered one of the fundamental procedural rules, is deeply rooted in Polish law. It is considered a basic safeguard of securing proper and impartial justice, and due access to the judiciary. It has been legitimated under Article 45 (§ 1) of the Constitution of the Republic of Poland, pursuant to which everyone has the right to a fair and public hearing without undue delay by a competent, independent and impartial court of law. The mechanism is reflected in systemic legal provisions regarding the organisation of justice, as well as in the Code of Civil Procedure. While the nature of the principle of openness is not absolute , it has been formally and universally accepted that the rule shall be subjected to no restrictions in judicial proceedings. Contrary to the above, changes to Polish procedural law over the years have resulted in a condition wherein the exception has become a de facto rule. Contemporarily, there are options of adjudicating with the openness principle set aside not only with regard to formal or procedural matters but merits of the case as well. The article is intended to present the evolution of the principle of openness in judicial proceedings in Poland, as something akin to a warning to other states against the risk of undermining the essence of that principle despite the formal preservation of the standard in question on systemic and statutory levels alike. Keywords: principles of judicial proceedings, principle of procedural openness , closed sessions, internal and external transparency, restrictions on the openness of proceedings.

A Shadow’s Influence? How the Shadow Docket Influences Public Opinion

Does increased use of the shadow docket influence public opinion of the Supreme Court? In recent years, the shadow docket of the Supreme Court has been used with increased frequency to make important decisions. The little research done previously on this docket has led to speculation that the shadow docket creates potential problems with perceptions of legitimacy for the Court. I theorize that procedures matter in changing public opinion of an institution when the procedures are nontransparent, stray from expected norms, and are thus perceived as politically unfair. I administered a survey experiment and find evidence to suggest that use of the shadow docket procedure does lead to less support for decisions as well as an increased support for measures of broad court curbing. The results have important implications for approval of the Court as well as the role of the Court in a transparent democracy.

Hambatan Pelaksanaan Hasil Mediasi Antara Pengembang Perumahan Di Yogyakarta Dan Konsumen

This research studies the hindrance to the implementation of the result of mediation between a housing developer and consumers facilitated by the Ombudsman of the Special Region of Yogyakarta. This case has been handled by the ombudsman since early 2019, while the agreement outlined in the memorandum of understanding fails to be implemented. Article 6 paragraph (6) and Article 6 Paragraph (7) of Law Number 30 of 1999 concerning Dispute Resolution Arbitration and Alternative (UU APS) has set a provision implying that mediation is implemented within 30 days, and this provision is outlined in a written agreement which is binding and final to all parties who are required to enforce this provision with good faith. This mediation is to be registered to a local District Court. However, there are two impeding factors such as procedural and substantive matters. The procedural matters are related to the absence of the basis of the law that states that the ombudsman complies with UU APS regarding the mediation. On the other hand, substantive factors are triggered by insufficient funds owned by the developer, the dominant bargaining position possessed by a consumer, and lack of understanding of the parties involved in the dispute regarding the legal principles and limited role of mediators.

An interlaboratory comparison of mid-infrared spectra acquisition: Instruments and procedures matter

Diffuse reflectance spectroscopy has been extensively employed to deliver timely and cost-effective predictions of a number of soil properties. However, although several soil spectral laboratories have been established worldwide, the distinct characteristics of instruments and operations still hamper further integration and interoperability across mid-infrared (MIR) soil spectral libraries. In this study, we conducted a large-scale ring trial experiment to understand the lab-to-lab variability of multiple MIR instruments. By developing a systematic evaluation of different mathematical treatments with modeling algorithms, including regular preprocessing and spectral standardization, we quantified and evaluated instruments' dissimilarity and how this impacts internal and shared model performance. We found that all instruments delivered good predictions when calibrated internally using the same instruments' characteristics and standard operating procedures by solely relying on regular spectral preprocessing that accounts for light scattering and multiplicative/additive effects, e.g., using standard normal variate (SNV). When performing model transfer from a large public library (the USDA NSSC-KSSL MIR library) to secondary instruments, good performance was also achieved by regular preprocessing (e.g., SNV) if both instruments shared the same manufacturer. However, significant differences between the KSSL MIR library and contrasting ring trial instruments responses were evident and confirmed by a semi-unsupervised spectral clustering. For heavily contrasting setups, spectral standardization was necessary before transferring prediction models. Non-linear model types like Cubist and memory-based learning delivered more precise estimates because they seemed to be less sensitive to spectral variations than global partial least square regression. In summary, the results from this study can assist new laboratories in building spectroscopy capacity utilizing existing MIR spectral libraries and support the recent global efforts to make soil spectroscopy universally accessible with centralized or shared operating procedures.

무력사용에 관한 유엔헌장 검토

Article 2(4) of the U.N. Charter prohibits the use of force and the threat of force in principle. Only the right to self-defense under Article 51 of the Charter and the use of force approved by the United Nations Security Council are allowed as exceptions. However, there are many differences in the interpretation of Article 2(4), which prohibits the use of force in principle. Traditional interpretation which Professor Brownlie supported is that the use of force should be strictly restricted according to the purpose of the establishment of the United Nations. However, there is also the argument that the use of force should be allowed additionally if it meets the purpose of the United Nations through literal interpretation. In addition, there is an argument that Article 2 (4) should be interpreted through teleological interpretation to settle the situations such as genocide which Professor Reisman, Yale Law school argued. Nevertheless, Aforementioned theories do not provide complete logic to be able to fill a gap between the United Nations' ideology and reality.
 The gap between Article 2(4) of the UN Charter and reality is not based on the essential flaws of Article 2(4) of the UN Charter. For almost 80 years after the signing of the U.N. Charter, the revision of the U.N. Charter has been amended only in procedural matters. The time has come to consider seriously the revision of the United Nations Charter in response to the development of science and technology and the resulting changes in human society. In the case of Article 2, Paragraph 4, the same aspect was encountered.

The Family Court – Contempt and Inherent Powers

This article honours the achievements of Professor ATH Smith both in New Zealand and abroad. Its focus is on aspects of the New Zealand Family Court. The law of contempt is now governed by the Contempt of Court Act 2019. The earlier leading case on the contempt powers of the Family Court is analysed, followed by the changes made by the 2019 Act and their implications for the Court. The discussion is on the basis that the Family Court does not have inherent powers to deal with contempt situations not covered by the statutory scheme. As a part of the District Court, its inherent powers are limited to matters of procedure: contempt is a substantive matter, not one of procedure. The article concludes by briefly raising the wider question of whether the distinction between the senior courts and the lower ones, such as the Family Court, is helpful.

Human Rights Penality and Violence Against Women: The Coloniality of Disembodied Justice

AbstractDespite the persistence of violence inside and around prisons, and the dubious adequacy of criminal law to respond to victim–survivors, international human rights (IHR) discourse increasingly promotes the mobilisation of the state’s penal apparatus to respond to human rights violations, including violence against women (VAW). Using an anticolonial feminist approach, this article scrutinises the ontological and epistemological commitments underlying ‘human rights penality,’ by analysing features of the Western-colonial register vis-a-vis more relational worldviews. Separateness, abstraction, and transcendence broadly underpin the exclusion of embodied experience, context, and material reality from the juridical field. In the second part, through discourse analysis of Inter-American and European case law, the author shows the deployment of human rights penality, the displacement of experience, and the disregard of context in IHR discourse. VAW is construed as a procedural and penal matter: it is the absence of a penal process that courts regard as failure to protect women, rather than the state’s inability/unwillingness to address structural subordination. Moreover, the ‘virtues’ attributed to the penal system justify its expansion, which facilitates the continuity of penal violence and debilitates alternative approaches to justice. Finally, the author posits penal abolition as an anticolonial praxis, pointing at examples of anti-carceral feminist work.

Key Issues in the Intellectual Property Court Presidium Rulings

The comment reviews key positions in the rulings of the Presidium of the Russian Intellectual Property Court (IPC) issued between July and September 2022. The Chamber hears cassation appeals against the decisions of the IPC first instance and deals primarily, but not only, with matters of registration and validity of industrial property rights. Therefore, the review predominantly covers substantive requirements for patent and trademark protection, as well as procedural issues both in the administrative adjudicating mechanism at the Patent office (Rospatent) and at the IPC itself. The current review encompasses a variety of topics related to trademark Law, patent law and various procedural matters.