Team Of Lawyers Research Articles

Reclaiming the Revolutionary

Reclaiming the Revolutionary

Canada’s First Celebrity Drug Trial: R v. Hatfield, 1985

Since the 1960s, celebrity drug trials have usually involved actors or musicians. The first drug prosecution of a Canadian “celebrity” took place in 1985 after the Royal Canadian Mounted Police (RCMP) found a small amount of marijuana in the luggage of New Brunswick Premier Richard Hatfield at the airport in Fredericton. He was charged with simple possession and, aided by a team of lawyers, pleaded not guilty. Although Hatfield was the most successful premier in the province’s history, he was facing challenges over the economy and language policy, and a finding of guilt would have devastated both his political career and the fortunes of his party. This article examines the Hatfield drug prosecution, which was followed by revelations of drug use with university students in 1981, as a chapter in Canadian legal and political history. It involved not only a privileged defendant, but also the independence of judges, the role of the RCMP, the relationship between the courts and the media, federal-provincial relations and an internal RCMP probe. Hatfield, the political celebrity, won his 1985 court battle but, with his lifestyle impugned, lost in the court of public opinion. In 1987, his party was crushed by the landslide victory of Frank McKenna’s Liberals.

Childcare counsel

Our new team of lawyers from Morgan LaRoche offer advice on a range of legal issues. This month, Hannah Dahill, director, covers the changes set to take place with employment law, mostly from April

There is no “I” in “a team of lawyers”: an evaluation of student perceptions of group assessment within legal higher education

ABSTRACTThis paper focuses on the use of group assessments within higher education (HE) as a form of summative assessment, and the experiences of students in relation to this assessment tool. Group assessment is becoming a very common feature of undergraduate HE courses, with an “explosion” of group assessment in more recent years. This paper chooses to focus on the use of group assessment within the discipline of law, specifically the use of summative group assessment within a law discipline at a Russell Group University. Although this paper follows numerous other studies and reviews of group work and group assessment, it has been noted that there remains a lack of qualitative studies on students’ perspectives on group assessment. This paper progresses the literature to date by collecting qualitative insights. In particular, the paper focuses on key aspects of student experience such as building group relationships, and the fear and uncertainty of being assessed as part of a group. Group assessment can be introduced readily by staff without always considering the complexity of group work and its related issues and this can potentially lead to negative student experiences. Therefore, this paper also aims to highlight the benefits to student experience of well-planned group assessment that is appropriately set.

Chematica could help chemists avoid patented routes

Pharmaceutical companies employ teams of lawyers and intellectual property experts to make sure synthetic routes to new molecules can be protected and don’t infringe on existing patents. Now the creators of Chematica, an artificial intelligence–driven retrosynthesis planner, have demonstrated an algorithm they say can help chemists find routes to molecules that avoid what others have already patented (Chem 2019, DOI: 10.1016/j.chempr.2018.12.004). But lawyers aren’t sure a computer can handle the subtleties of intellectual property law. Bartosz A. Grzybowski of the Polish Academy of Sciences and Ulsan National Institute of Science and Technology and colleagues developed the Chematica software, which uses machine learning to plot synthetic routes to target molecules using some 50,000 rules of chemical reactions the team taught it. Grzybowski sold Chematica to MilliporeSigma in 2017. Last year, the researchers demonstrated that the program could chart routes to target molecules that chemists could then foll...

Focus: The Importance of Labour Speech

12 | International Union Rights | 24/3 FOCUS | FREEDOM OF EXPRESSION For seventy years it has been the goal of national labour policy to overcome the ‘inequality of bargaining power between employees… and employers… by encouraging the practice and procedures of collective bargaining’. Collective bargaining means the ability of workers to join together to negotiate with their employers over wages and working conditions. When workers stand together (i.e. in a union) they have more bargaining power, and that bargaining power gives them a say at work. Not surprisingly, data show that where collective bargaining has been instituted, it has improved wages, with workers earning on average 13.6 percent more when covered by a collective bargaining contract. In our era of increasing inequality, that kind of wage premium makes a real difference in the lives of struggling low- and middle-income families. For many men and women struggling to get by and to provide their children a better life, collective bargaining can open a door to the American Dream. And for that and many other reasons, survey after survey shows that American workers would like to have the say at work that collective bargaining provides. However, for collective bargaining to take place workers must be able to organise. Organising is the central necessary task of America’s unions. But it has never been easy. Despite the basic procollective -bargaining policy of national law, employers, backed by teams of lawyers and labour consultants, have consistently, and in the main, successfully, resisted organising efforts. Among their powerful weapons have been lawsuits seeking damages and injunctions based on union organising statements and materials. For national labour policy to become reality, courts must recognise the importance of labour speech in organising and strikes. Speaking out Both the US Constitution and the National Labor Relations Act (NLRA) strongly support the right of workers and unions to speak out concerning their wages and working conditions in pursuit of organising or collective bargaining. As the Supreme Court stated in its 1940 decision in Thornhill v Alabama, ‘the dissemination of information concerning the fact of a labor dispute [is] within that area of free discussion that is guaranteed by the Constitution’1. The Thornhill opinion has been regularly cited and its significance broadened since it was first issued. It is also well settled that Section 7 of the NLRA, which grants workers the right to ‘engage in ... concerted activity ... for the purpose of collective bargaining or other mutual aid or protection’, covers and protects a wide variety of speech in the organising context. It is not necessary that speech be courteous, accurate, or reasonable for it to be protected. Indeed, the Supreme Court has recognised that epithets such as ‘scab’, ‘unfair’, and ‘liar’ are commonplace in labour disputes and entitled to protection, even when such heated rhetoric is not entirely accurate. It is also true that because of the legal doctrine known as Federal Preemption, speech or conduct actually or even arguably protected by the NLRA is generally not subject to the jurisdiction of state courts. State judges are often ignorant of federal labour law and antagonistic to its goals. As stated by Justice Frankfurter, ‘to allow the states to control conduct which is the subject of national regulation would create potential frustration of national purposes’2. But the Court significantly modified Justice Frankfurter’s announced policy in Linn v. Plant Guard Workers3. The Court in Linn upheld by a five to four vote the exercise of state jurisdiction in a libel suit arising from a union organising drive. Justice Clark, who wrote the majority opinion, insisted that such jurisdiction would not pose a threat to a union’s right of speech so long as state jurisdiction was ‘limited to redressing libel issued with knowledge of its falsity, or with reckless disregard of whether it was true of false’. Although he recognised the importance of a broad right of speech generally in labour disputes, Justice Clark concluded that where malice was found ‘the exercise of state jurisdiction … would be a “merely peripheral concern of the Labor Management Relations Act”‘. Four justices dissented. They pointed out that the Court’s standard was vague and could easily be interpreted to...

Scarlet Fever, Stanley Matthews, and the Cincinnati Bible War

Scarlet Fever, Stanley Matthews, and the Cincinnati Bible War LINDA PRZYBYSZEWSKI In November 1869, two teams oflawyers squared off to argue whether the Cincinnati school board had the power to end a fortyyear -old practice: starting the school day with a reading from the Bible and the singing of hymns. The majority of the school board supported this change. They hoped to attract the children of Catholics by removing from the schools the King James Version of the Bible, a Protestant version. But all hell broke loose as the board members considered their vote. Nasty anti-Catholic editorials came out in the national press, local protest meetings attracted thousands, and leading politicians, merchants, and ministers ofthe city launched a petition drive to keep the Bible in the schools. When the board voted to end the practice despite the protests, a lawsuit was quickly filed. All this came be called the Cincinnati Bible War. And the Ohio Supreme Court decision that allowed the school board to do as it wanted has long been identified as a turning point in the secularization of law.1 During the four days oforal arguments in Cincinnati Superior Court, one man made a point of putting on display both his faith in God and his belief in the Bible as God’s revealed Word. This lawyer ended his argument with a prophecy: if the judges did their duty, this is what would happen: Then shall be hastened the promised time of the coming of our King when there shall be a new heaven and a new earth, wherein dwelleth righteousness—the holy city, New Jerusalem, coming down from God out of Heaven, prepared as a bride adorned for her husband, the taber­ nacle of God with men, where He will dwell with them and they shall be His people, and God himselfshall be with them and be their God.2 Yes, this lawyer was saying that if the judges did their duty, they would hasten the Second Coming of Christ. If that was not surprising enough, consider which side he was on: This man was not arguing that the school board must continue requiring the reading ofthe Bible in SCARLET FEVER, STANLEY MATTHEWS, AND THE CINCINNATI BIBLE WAR 257 the schools. He was arguing that Bible reading must stop. This argument played a crucial role inwinning the case when it was appealed to the Ohio Supreme Court and the man who made it was Stanley Matthews, the successful Ohio lawyer who led the anti-Bible legal team. Matthews would become a U.S. Senator in 1877 and would sit on the United States Supreme Court from 1881 until his death in 1889, but before then, and before he came to lead the anti-Bible team in Cincinnati, he underwent a remarkable spiritual journey that shaped his legal arguments in court. And the way he argued against the Bible in the schools probably explains why he remained a respect­ able enough man from the religious point of view to make his way to the Senate and the Supreme Court. Siding against the Bible in the wrong way could destroy a political career as Alphonso Taft, the patriarch of the Taft political clan and a judge in the Cincinnati Superior Court, learned to his dismay. Thomas Stanley Matthews (called Stan­ ley) was bom in Kentucky in 1824, two years after Thomas Jefferson predicted that “there is not a young man now living in the U.S. who will not die an Unitarian.”3 Jefferson did not get it quite right with the Matthews family. Matthews’s father, Thomas Johnson Matthews, who became president of Wood­ ward College in Cincinnati in 1832, and then Professor of Mathematics and Astronomy at Miami University, in Oxford, Ohio, was known to have dismissed the divinity ofJesus as a foolish superstition. Young Matthews followed his father’s lead. One of his daughters described him before his conversion as a “free thinker,” a liberal Unitarian, which would make him a believer in a distant, but benevolent God.4 He regularly attended services at a Universalist Church.5 The younger Matthews was radical enough in outlook to considerjoining at least two utopian communities: North American...

BADANIA ROMANISTÓW POLSKICH W LATACH 2011-2013

Polish Romanists' Research Work, 2011-2013SummaryA look at the research done by Polish Romanists in the 21st century and its effects in the form of publications and progress on the academic ladder confirms the claim that Poland continues to be one of the leading countries for scholarship in Roman law. In the first decade of the century four Polish scholars of Roman law were appointed to full professorships, seven gained their post-doctoral habilitation degrees, and forty-five were awarded the doctor’s degree. The figures for the past three and a half years are respectively four professorships (with a further two waiting for the formality of the President’s signature on the appointment), eight habilitations, and twelve doctorates. A characteristic feature marking recent years has been an unprecedented number of translations (into Polish) of source texts, usually accompanied by an extensive commentary. The main achievement in this area has been the translation of the Digests by a team of lawyers and linguists. Alongside the publication of source texts and collective volumes, the past years have also seen the issue of thirty-three monographs and hundreds of articles on a variety of subjects, but one of the characteristic features has been an unprecedented interest in public law, especially criminal law, which has given rise to eight monographs in three years. Unfortunately, certain tendencies have given cause for concern, as quantity is not always tantamount to quality. A lot of articles do not come up to the required standard and call for improvement as regards references and recent literature (especially Polish publications) cited, writing style, and a more critical approach to their subject. Many articles offer an oversimplified comparison of a contemporary legal institution with aspects of Roman law. Occasionally suggestions are made that only subjects which are directly related to today’s issues should be addressed. Time will tell whether this is the right attitude to take.

<i>Law’s Moving Image</i>, edited by Leslie Moran, Emma Sandon, Elena Loizidou and Ian Christie

This edited volume contains sixteen articles by an interdisciplinary team of lawyers, sociologists and film experts circling around the interrelation between law and ‘the moving image’. This ambiguous expression denotes mostly ‘film’ in the present context but also, as Celia Lury’s contribution, ‘A more developed sign: the legal mediation of things’ shows, developments caused by imagery produced through trade marks and branding policies.

To Think Like an Economist A Challenge for Antitrust Lawyers

My paper points to the structural problems in the area of antitrust lawyers’ education and the necessity to recognize economics as a fundamental domain (and not as auxiliary science) in the application of competition law. Independent specialized antitrust courts should be established, and economic education should be mandatory for judges. Economics is a knowledge-intensive domain, and the acquisition of economic knowledge requires special advanced studies. It is not sufficient for lawyers to occasionally familiarize themselves with economic reports and papers. That is not serious. The appropriate response is to integrate economics in the studies of competition law and to establish independent specialized antitrust courts, which would be able to routinely study and to critically and rationally evaluate the antitrust economic and legal questions. Parallelly, economists should be trained in law and support the teams of lawyers of the regulatory authorities. Economists can help courts devise, refine, and reform economic tests.

A Thought of Legal Research with Examples and Demonstrations

The policy makers or lawyers may face the need of legal research for reasons. The congressmen may plan to make new laws to address the challenges of their constituent or to the interest of nation. The lawyers may need to serve their clients who like to know the legal issues involved, the strategies to deal with their loss and recovery, and prospect for winning the case if the dispute has gotten worse. The lawyers may practice in a solo business or might work as an associate lawyer in the law firms. A senior lawyer or partner in some cases may like to exploit the junior work force about the problems or grievances from the potential clients. Since he needs to focus their attention on other matters, such as the business expansion of his law firm or more lucrative cases in need of career hands, he may tap the junior lawyer for the legal research, who could assist with the basis of his final legal opinion. The memorandum, opinion letter and brief would be such forms of professional communication for the lawyers and legal researchers. The congressman also can be supplemented with the aid of staffs in terms of his legal expertise and grasp of the issues standing for carrying their responsibility more effectively. For the lawyers and legal researchers, the structure of state and federal legal system is the kind of important variants to orient their work direction and basic frame for the most efficient and adequate scope of search and analysis. The paradigm change also is revolutionary to impact the general base of people. Decades ago, the research or researcher only related with the class of professionals, such as professors, lawyers, career officers and cadres of enterprises. They would enjoy insulation and exploit their research work as an entrance barrier from lay people. Their large shelves at home study or in the room or corner of office thrust an impression that he or she is learned and knowledgeable. This impliedly communicates his or her prestige of social or professional success. The books and articles seem to symbolize a kind of monopoly which bears to exclude unclassified or non-professional workers. The change is remarkable that every citizen could benefit from the on-line sources of information, which, of course, is generally true of professional knowledge. Now professors fear of plagiarism that students often are the kind of suspect. The legal research would turn on the help of digitization which revolutionizes to incur a new mode of research operation. About the query, the citizens and people can readily verify its truth or falsity with one clique within the personal computer. An enormous amount of information is currently flowing on the internet and on-line sources of reference, which shapes an informative and knowledgeable society. As the medical doctors warned decades ago, the precept is any most effective, “forbear from your intelligence or knowledge work for your health.” Many of them now spend long hours a day to satisfy their curiosity and intelligent search. He or she may be well awarded an academic degree if to recognize their hard work on his PC. Nevertheless, this information age does not always bring a positive progress, which arouses the kind of issues, say, right of privacy, on-line fraud. In some cases, this transformation may lead to an inferior attitude of researcher. My today’s experience is one of exotic case. I have received an e-mail from Google CEO stating that I have been selected as one of twelve winners from the pool of Google users. The award money is enormous which stalls me for some time. The authenticity and reliability have hit my head, and I utilized a verification service website managed by the team of lawyers. It costs five dollars and remaining 24 dollars would be processed upon the progress of interaction. I am waiting for an answer from the team. Then the research nowadays is not limited to the basic context of our subsistence, but influences in any depth into the professional lives.

Pour convaincre l’arbitre

This paper, given the « Ciceronian » title « To convince the arbitrator », is very unlikely to offer new guidance to international arbitration practitioners, such as lawyers, arbitrators and legal experts, who will themselves have already experienced efforts to convince an arbitrator in arbitral proceedings. Its humble objective, apart from offering some entry-level instruction to « juniors » about to take their first steps on the way to becoming seasoned professionals in the field, is primarily to record in writing, in a methodological form, what remains today a part of an oral tradition: the methods and experience of all those who engage in the intellectual combat of arbitral proceedings. For teams of lawyers, it also provides an insight into the likely reactions of the arbitrators they appear before, reactions which will not necessarily be those that they expected when they devised their litigation strategy. This article also has the virtue of systematically comparing Statebased and arbitral proceedings so as to identify and explain their similarities and differences. Finally, in the spirit of the great French jurist, Jean Carbonnier, this paper aims, by building on sociological considerations, to reflect on the practice of arbitration law and explore ways of making it even more effective. The study finds a natural division into two parts by focusing on the behaviour of first the lawyer and, second, the witness; the two main protagonists in arbitral proceedings facing private judges whom they must convince using didactic and rhetorical tools.

The problems of owning culture: global intellectual property law and ‘traditional’ community arts in Indonesia

In our digital age when most movies viewed at home carry Interpol warnings that copyright piracy is a crime, yet patented medicines are unaffordable for millions, ethical debates about intellectual property rights and freedom of information are becoming widespread. But a less noticed topic in these debates is the recent international effort to expand and implement Euro-American models of intellectual property law among peoples whose daily activities previously have not been covered by formal intellectual property laws (primarily copyright, patent, and trademark regulations). This essay considers how this trend is unfolding in post-Suharto Indonesia, particularly the tension between national efforts to create legal property rights over cultural resources and the fact that most ordinary Indonesians do not view their cultural knowledge and aesthetic or ritual activities as property to be claimed in an exclusive way by their ethnic group or government. Plans to legalize the cultural ownership of regional arts are addressed with ethnographic examples from Indonesian fieldwork including 2005–07 visits conducted by an international team of lawyers, musicologists, anthropologists, and Indonesian community activists with ‘traditional’ arts producers from eleven cultural regions in eight provinces.

Justice at Guantánamo: Absent Presentee

Justice at Guantánamo:Absent Presentee Claris Harbon (bio) Kristine A. Huskey , Justice at Guantánamo: One Woman's Odyssey and Her Crusade for Human Rights (Guilford, CT: The Lyons Press, 2009), ISBN 9781599214689, 285 pages. I. Prologue When you hurt people, they begin to love you less. That's what careless words do. They make people love you a little less. ~ Arundhati Roy1 In her book Justice at Guantánamo: One Woman's Odyssey and Her Crusade for Human Rights,2 Kristine Huskey3 describes her journey as a lawyer in general, and as a human rights advocate in particular. The book, written like a journey-memoir, takes the reader into Kristine Huskey's major personal-professional constitutive life events. Like a traveler, she stops at certain places and memories, reflecting on their importance and role in shaping and reshaping her life. These events, from life in Angola, to living in New York City and working as a waitress and model, to traveling the world, to going to law school, and to working as an associate in a private law firm, finally led her to become one of the first lawyers who dared to take a controversial and leading role in defending detainees at Guantánamo, even "when it was too controversial to represent a detainee."4 Kristine Huskey and a team of lawyers in the private law firm where she worked challenged the validity of their clients' detentions. They argued that detaining their clients as enemy combatants violated both their procedural rights, such as the constitutional right to due process and access to counseling, and substantive rights, "including guarantees against torture."5 Eventually, after "two and half years of continuous litigation,"6 confronting a strong wall of judicial refusal to recognize [End Page 627] the detainees' rights to due process, let alone fundamental human rights, the case culminated in the landmark US Supreme Court decision Rasul v. Bush.7 Reversing the decisions of lower courts, the Supreme Court held that federal courts had "the jurisdiction to hear the habeas petitions of prisoners at Guantánamo"8 and that anyone held "in the custody of the United States . . . can challenge [their] detention-regardless of where [they] are being held or who [they] are."9 The book is divided into two main parts, each comprised of several chapters. Part I, entitled "Life Then," focuses on a few major events that have had important constitutive effects on Kristine Huskey. These events led her to become a lawyer who later found herself involved in defending detainees in Guantánamo. Part II, entitled "Life Now," elaborates on the processes leading her to take the first few detainees' cases. It tells the "inside story" of representation itself, eventually leading her to embark on a new journey, going from the corporate world, to the clinical legal program at the University of Texas. [End Page 628] In this regard, the book allows the reader an important glimpse into the world of a key actor in one of the most controversial, tragic dramas of our time. Operating like the mechanical system that pulls the theatre curtain up and down, masking the backstage from spectators, the book gives the audience the opportunity to observe what has happened backstage, the story-within-a-story, before the rise of the curtain, during, and after the show. The book is easily read. One of the strongest themes of the book is its inclusive nature. Kristine Huskey does not fall into the trap of using complex legalistic language, excluding non-professional readers. Instead, she manages to simplify complex legal terms (e.g. habeas corpus and due process), enabling the reader to understand themes, concepts, and principles that are traditionally and exclusively monopolized by lawyers and academics. Using language that can be understood by readers other than academics and professionals, ones who have had the privilege to acquire education and possess the power to access certain words and language, breaks the hegemonic control and monopoly they have over knowledge. This is of special importance for me, as a feminist lawyer and scholar coming from an underprivileged community, who has dedicated her life to working with the poor, the excluded, and the silenced...

Neighborhood Defenders Program: An Evaluation of Maryland’s Holistic Representation Program

This article provides insights and lessons learned from the Neighborhood Defenders Program (NDP) established by the Maryland Office of the Public Defender in 2006. The NDP is a holistic representation model that uses interdisciplinary teams of lawyers, social workers, law clerks, support staff, and college interns to provide legal representation while assisting clients with social and economic concerns such as reentry, housing, employment, immigration, mental health, and education. Clients are eligible for social service assistance from the NDP indefinitely, even after their legal case has been resolved. First, the authors provide an overview of holistic criminal defense and a description of the NDP. This is followed by a brief description of evaluation methods and a report of the main findings, which are based on interviews, focus groups, and observations with clients, attorneys, social workers, support staff, and families or guardians of clients. Last, the authors provide concluding thoughts and recommendations based on these findings that may help others who seek to establish or improve existing holistic criminal defense practices. It is the authors’ goal to contribute to dialogue around holistic criminal defense programs to maximize benefits to clients and to avoid or mitigate any harm.

Brief of Amicus Curiae the Washington and Lee University School of Law Black Lung Clinic in Support of Amicus Curiae Counsel on Severability

The Black Lung Clinic (“Clinic”) is a legal clinic at the Washington and Lee University School of Law in Lexington, Virginia. The Clinic represents former coal miners and survivors who are pursuing federal black lung benefits. The Clinic’s clients are represented by a member of the law school faculty licensed to practice law who works closely with students in the Clinic. Students evaluate claims; develop evidence; conduct discovery, depositions, and hearings; and write motions, arguments, and appellate briefs. In attempting to collect benefits, miners and survivors face formidable teams of lawyers, paralegals, and doctors that the coal companies assemble to challenge these claims. The Clinic currently represents thirty-seven former coal miners and their spouses. Nineteen of these clients are receiving benefits as a direct result of the changes to the Black Lung Benefits Act made in the Affordable Care Act.Section 1556 of the Act makes two major changes to the Black Lung Benefits Act. These changes remove limiting language to make it simpler for disabled miners and their families to establish that they are entitled to federal benefits. First, § 1556(a) reinstates the fifteen-year rebuttable presumption, which presumptively entitles former fifteen years underground and have a totally disabling pulmonary disease. The second, § 1556(b), reinstates a continuation of benefits for surviving spouses whose coal-mining spouse was receiving benefits at the time of their death. The clients of the Clinic already have benefited from these amendments: nineteen clients who are currently receiving black lung benefits will stop receiving those benefits if the Act is invalidated. Thirteen widows and six former miners, all of whom are receiving benefits, will be left without income on which they rely if the Act is struck down in its entirety. The Clinic has a profound interest in the possibility of the invalidation of the Act. If the Act is totally struck down it would adversely affect our clients; not only the ones currently enjoying benefits under the amendments, but all coal miners or surviving spouses who will bring cases in the future.

Counterinsurgency, Legitimacy, and the Rule of Law

Law features more prominently in warfare today than at any time in memory. Stories about the legality of detaining unlawful combatants or unprivileged belligerents in Guantanamo Bay appear in the headlines weekly. Questions of venue, a question usually considered one of the most technical questions in legal procedure, have reached the American popular consciousness in the form of debates over whether to try suspected terrorists in civilian courts or military commissions. The current set of conflicts may prove to be the most heavily litigated in human history. The conflicts in Iraq and Afghanistan have witnessed an even greater expansion of law's role in war--law as a means of warfare. Much of the important front-line action in both theaters has been borne by teams of lawyers and development specialists. Both the military and US civilian development agencies have embraced these ostensibly legal activities--referred to generally as of law--for their contribution to our campaigns. For instance, in 2010, civilian and military rule of capabilities were dramatically expanded in Afghanistan with the appointment of Ambassador Hans Klemm as the Coordinating Director of Rule of Law and Law Enforcement at the US Embassy Afghanistan and the establishment of the Rule of Law Field Force-Afghanistan (ROLFF-A) to provide greater capability to conduct rule of operations in nonpermissive environments. The commitment to rule of as part of the Afghanistan campaign appears to be increasing, with the expansion of ROLFF-A into the multinational NATO Rule of Law Field Support Mission in the summer of 2011. Law's ascendance as a means of warfare is tied to the ascendance of counterinsurgency as a form of warfare. Counterinsurgency, as a contest between opposing groups to be recognized by a particular population as their legitimate government, places the host nation government's at the center of the conflict. the rule of law, then, is important to counterinsurgents because of its contribution to a government's legitimacy. The rule of features prominently in the growing stability operations doctrine as well. Not only are stability operations central to counterinsurgency, but the value of the rule of in providing stability goes beyond counterinsurgency to stability operations conducted in other contexts. (1) Although legitimacy is the main objective in counterinsurgency, the counterinsurgency and stability operations doctrines both lack a meaningful definition of and a model for how the rule of contributes to legitimacy. (2) Counterinsurgents are hardly the first to address the problem, though. Questions about how and operate together have long been studied in jurisprudence and social psychology. The two fields approach the question quite differently, but both offer insight into what means to counterinsurgents and how it can be integrated in a counterinsurgency campaign. Counterinsurgency, Rule of Law, and Legitimacy It would be hard to overstate the role of in counterinsurgency doctrine. The Counterinsurgency Field Manual mentions of law 30 times, including an entire section on Establishing the Rule of Law. (3) Given its importance in current operations, it is no surprise that the of law has received attention. As defined by the Army: Rule of is a principle under which all persons, institutions, and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and that are consistent with international human rights principles. It also requires measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in applying the law, separation of powers, participation in decisionmaking, and legal certainty. …

Medical student fitness to practise hearings: ensuring procedural fairness

Medical schools are responsible for determining the fitness to practise of individual medical students. The General Medical Council (GMC) does not have any direct authority to deal with or advise on individual cases of undergraduate student fitness to practise or disciplinary issues. Each medical school or its associated university must have its own procedures to consider the fitness to practise of medical students, and this has resulted in local variations. Medical student fitness to practise hearings are managed by universities rather than by teams of lawyers, but whoever is involved and whatever the precise procedures, those involved must make sure that students are dealt with fairly. This article sets out the governing principles to ensure fairness, namely Article 6 of the European Convention on Human Rights and the rules of natural justice.

Tworzenie i wykorzystanie potencjału nieuczciwych zachowań jako opcja strategiczna przedsiębiorstwa

Lack of ethics in business activities should not be treated as a result of coincidence or error,but more often than not as a conscious choice of entrepreneur. Observation of economic prac-tice shows, that part of firms is able to make an effort in order to inquire the possibility of doingthe dishonest activity. Dishonest activity, widely named “shady business” occurs in the formof: tax avoidance to the detriment of budget and other taxpayers (tax evasion), using of illegalinformation to the detriment of stock-exchange investors (insider trading), corruption to thedetriment of employers by depriving them of potential contracting parties (kickbacks), andprice-fixing, and bidrigging to the detriment of purchasers. The company’s ability to avoid thelegal sanctions in consequence of unethical activity can be defined as “potential of dishone-sty”. Creation and utilization of this potential is conditioned by internal factors, such as: lowethical level of businessman, selection of dishonest collaborators, possession of legal knowledge and team of lawyers or unclear structure of property. The external factors favorable to dishonest behaviours include: setting the firms in foreign countries, lack of experience with the courtsand prosecutors, little repeatability of contacts with deceived customers, customers highlymotivated to conclude an agreement, dispersion and weakness of contracting parties.

Tworzenie i wykorzystanie potencjału nieuczciwych zachowań jako opcja strategiczna przedsiębiorstwa

Lack of ethics in business activities should not be treated as a result of coincidence or error,but more often than not as a conscious choice of entrepreneur. Observation of economic prac-tice shows, that part of firms is able to make an effort in order to inquire the possibility of doingthe dishonest activity. Dishonest activity, widely named “shady business” occurs in the formof: tax avoidance to the detriment of budget and other taxpayers (tax evasion), using of illegalinformation to the detriment of stock-exchange investors (insider trading), corruption to thedetriment of employers by depriving them of potential contracting parties (kickbacks), andprice-fixing, and bidrigging to the detriment of purchasers. The company’s ability to avoid thelegal sanctions in consequence of unethical activity can be defined as “potential of dishone-sty”. Creation and utilization of this potential is conditioned by internal factors, such as: lowethical level of businessman, selection of dishonest collaborators, possession of legal knowledge and team of lawyers or unclear structure of property. The external factors favorable to dishonest behaviours include: setting the firms in foreign countries, lack of experience with the courtsand prosecutors, little repeatability of contacts with deceived customers, customers highlymotivated to conclude an agreement, dispersion and weakness of contracting parties.