Relevant bibliographies by topics / Attorneys generals' opinions

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Academic literature on the topic 'Attorneys generals' opinions'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Attorneys generals' opinions"

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Bradley, Curtis A. "Attorney General Bradford’s Opinion and the Alien Tort Statute." American Journal of International Law 106, no. 3 (July 2012): 509–30. http://dx.doi.org/10.5305/amerjintelaw.106.3.0509.

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In debates over the scope of the Alien Tort Statute (ATS), one historical document has played an especially prominent role. That document is a short opinion by U.S. Attorney General William Bradford, issued in the summer of 1795, concerning the involvement of U.S. citizens in an attack by a French fleet on a British colony in Sierra Leone. In the opinion, Bradford concluded that “[s]o far ... as the transactions complained of originated or took place in a foreign country, they are not within the cognizance of our courts; nor can the actors be legally prosecuted or punished for them by the United States.” He also expressed the view that the actors could be prosecuted for crimes on the high seas, while noting that “some doubt rests on this point” in light of the language of the relevant criminal statute. Finally, he stated—in an obvious reference to the ATS—that there can be no doubt that the company or individuals who have been injured by these acts of hostility have a remedy by a civil suit in the courts of the United States; jurisdiction being expressly given to these courts in all cases where an alien sues for a tort only, in violation of the laws of nations, or a treaty of the United States . . . .The Bradford opinion contains one of the few early historical references to the ATS, so it not surprisingly has received a lot of attention. Numerous academic articles, judicial opinions, and litigation briefs have invoked the Bradford opinion, for a variety of propositions. Reliance on the opinion has increased since the Supreme Court’s 2004 decision in Sosa v. Alvarez-Machain, in which the Court cited the opinion in support of the proposition that the ATS provides jurisdiction over certain common law causes of action derived from the law of nations. As an illustration of its perceived significance, both sides discussed the opinion in the oral argument before the Supreme Court in the first hearing in the pending ATS case, Kiobel v. Royal Dutch Petroleum Co.
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Kunsch, David W., Karin Schnarr, and W. Glenn Rowe. "Effects of the environment on illegal cartel activity." Journal of Strategy and Management 9, no. 3 (August 15, 2016): 344–60. http://dx.doi.org/10.1108/jsma-09-2015-0075.

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Purpose – Using resource dependency theory, the purpose of this paper is to examine what elements in the business environment may be associated with the formation and continuance of cartels. Design/methodology/approach – The authors employ a unique data set of 148 cartel data points from the 1970s to 2008 which have at least one American company involved to quantitatively test causal relationships. The authors also interview key class action anti-trust attorneys for their views and opinions on the impact of these environmental factors on cartel formation and continuance. Findings – The authors find statistically significant relationships between the pursuit and maintenance of industry profits and the dynamism in the industry, and illegal behavior as represented through price fixing by business cartels. The authors find that in the attorneys’ opinion, it is also the pursuit of individual corporate profits and munificence that are associated with these cartels. Practical implications – This research furthers the understanding of organizational deviance which is critical given its impact on organizations, individuals, regulators, law enforcement, and the general public. Originality/value – This research is a first step in considering cartel activity in a way that encompasses external influences in a new and innovative manner and as a tool to help researchers and practitioners better understand how organizational deviance, as manifested through illegal corporate activity, can be anticipated, identified, and prevented.
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Nathanson, Rebecca, and Michelle D. Platt. "Attorneys' Perceptions of Child Witnesses with Mental Retardation." Journal of Psychiatry & Law 33, no. 1 (March 2005): 5–42. http://dx.doi.org/10.1177/009318530503300102.

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Children with mental retardation are more likely to be abused than the general population, yet are often denied access to the justice system. Research on children without mental retardation has revealed skepticism as to their reliability as witnesses in the court of law. Even more so, children with mental retardation face the issue of credibility because of their age and disability. This study assesses attorneys' perceptions of child witnesses with mental retardation. Thirty-nine criminal attorneys completed a 33-item questionnaire designed to assess their opinions of the abilities of adults and of children with and without mental retardation to recall and communicate information in the forensic context. Results revealed that attorneys perceived child witnesses as less credible and more suggestible than adult witnesses. Moreover, analyses indicated that child witnesses with mental retardation were also perceived as less credible and more suggestible than child witnesses without mental retardation.
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Marston, Geoffrey. "Opinions of Attorneys-General of the Commonwealth of Australia with Opinions of Solicitors-General and the Attorney-General's Department. Vol. 2: 1914–23. Supervising Editor Patrick Brazil; General Editor Bevan Mitchell. [Canberra: Australian Government Publishing Service. 1988. lviii, 995 and (Index) 21 pp. Hardback Aust. $99·95 net.]." Cambridge Law Journal 49, no. 2 (July 1990): 374–75. http://dx.doi.org/10.1017/s0008197300117210.

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Dellinger, Walter, and H. Jefferson Powell. "The Constitutionality of the Bank Bill: The Attorney General's First Constitutional Law Opinions." Duke Law Journal 44, no. 1 (October 1994): 110. http://dx.doi.org/10.2307/1372867.

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Spielman, Bethany J. "Professionalism in Forensic Bioethics." Journal of Law, Medicine & Ethics 30, no. 3 (2002): 420–39. http://dx.doi.org/10.1111/j.1748-720x.2002.tb00411.x.

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As the public profile of bioethics rises, and as litigation about issues ranging from assisted reproduction to gene therapy multiplies, the presence of bioethics experts in a litigation context has become more common. Dozens of appellate opinions refer to bioethics testimony in the lower courts. Today's technical advisory services for attorneys advertise bioethics experts along with experts in scientific fields. A single bioethicist has served as an expert in more than fifty cases. In all likelihood, opportunities for bioethicists to fill the role of testifying expert will grow as medicine and biotechnology become more complex. Bioethics experts have also been involved in several other kinds of litigation-related activities, including investigation, consultation with attorneys, preparing reports that express expert opinions, and explaining and defending these opinions by deposition.Despite the growth of these activities by bioethicists, they have never been free of controversy, have recently been received with little enthusiasm by the judiciary, and could become highly problematic in the future.
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Allan, T. R. S. "LAW, DEMOCRACY, AND CONSTITUTIONALISM: REFLECTIONS ON EVANS v ATTORNEY GENERAL." Cambridge Law Journal 75, no. 1 (January 11, 2016): 38–61. http://dx.doi.org/10.1017/s0008197315000951.

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AbstractThe difference of judicial opinion in the Supreme Court in Evans provokes reflection on fundamental constitutional principles, such as parliamentary sovereignty and the rule of law. A statute that on its face seems to permit a government minister to override a judicial decision of which he disapproves inevitably raises acute concern; the correct reading of the statute depends on the most persuasive integration of basic principles, placing the text within its wider constitutional context. The Justices deployed distinctions between law, fact, and public interest in rather different ways, reflecting their divergent interpretative approaches. The role of constitutional convention is also of particular interest – central to the legal issues arising, on one view, but largely irrelevant on another. At the root of these disagreements lie contrasting conceptions of law and adjudication.
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Susilo, Susilo, Muhamad Adji Rahardian Utama, and Anita Carolina Rajagukguk. "Legal Assistance of Government Law Office in the Procurement of Goods and Services." Indonesian Journal of International Clinical Legal Education 3, no. 3 (July 31, 2021): 339–52. http://dx.doi.org/10.15294/ijicle.v3i3.48056.

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Procurement of goods/services is an activity to obtain goods/services by other Ministries/Institutions/Regional Work Units/Institutions whose process starts from planning needs to completion of all activities to obtain goods/services. The goods/service procurement activities are financed by the APBN/APBD, either carried out independently or by goods/service providers. The procurement of goods/services is essentially an attempt by the user to obtain or realize the goods/services it needs, by using certain methods and processes in order to reach an agreement on specifications, prices, time, and other agreements. The President of the Republic of Indonesia, in the process of dealing with the Covid-19 pandemic, has given instructions that were forwarded to the Deputy Attorney General for Civil and State Administration through circular number SE-02/G/Gs.2/04/2020 to carry out the stages quickly, precisely, focus integrated and synergistic among Ministries, institutions and local governments in the process of procuring goods and services. In the procurement process in an emergency, there are at least four important phases, namely planning, implementing, settling payments, and auditing. One of the duties and functions of the Junior Attorney General for Civil and State Administration is Legal Considerations consisting of Legal Opinion, Legal Assistance, and Legal Audit. Legal Assistance is a legal service provided by the State Attorney in the form of a legal opinion on an ongoing basis on an activity proposed by the Petitioner and ends with a conclusion on the provision of such Legal Opinion in the form of Legal Assistance Official Report.
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Smith, Tom W. "A Review: The Use of Public Opinion Data by the Attorney General's Commission on Pornography." Public Opinion Quarterly 51, no. 2 (1987): 249. http://dx.doi.org/10.1086/269032.

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10

Subedi, Nuwadatta, and Hima Raj Giri. "Perception of District Judges and Lawyers Towards Medico-legal Reports, Medical Certificates and Medical Expert Opinion." Journal of Nepal Medical Association 56, no. 212 (August 31, 2018): 735–39. http://dx.doi.org/10.31729/jnma.3410.

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Introduction: The medico legal reports and certificates prepared by doctors can be used as valuable documentary evidence in the court of law. The study was designed with objectives to explore the perception of judges and lawyers about the quality of medico legal reports prepared by the doctors and their competence in providing the expert evidence in the court. Methods: It is a questionnaire based cross sectional study conducted among the district judges and government attorneys of 75 districts of Nepal from March to May 2016. The data obtained was analysed by SPSS version 16.0. Results: Among a total of 78 participants who responded the questionnaire, 40 (51.3%) were district judges and 38 (48.7%) district attorneys. Most of them graded that the reports prepared by the doctors were just average. Among them, 49 (63.6%) strongly agreed and 28 (36.4%) partially agreed that the reports were useful in deciding the cases. A total of 44 (56.4%) respondents strongly agreed and 34 (43.6%) partially agreed that expert opinion of the doctors in the courts were useful to decide the cases. Seventy one (92.2%) of them rated general doctors as moderately competent. Conclusions: The medical reports prepared by the Nepalese doctors were just average as perceived by judges and lawyers and the competency in presenting the evidence in courts was moderate as rated by them.
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Dissertations / Theses on the topic "Attorneys generals' opinions"

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Long, Kevin Lewis. "Distinctive Competence: The Role of Virginia Attorney General Opinions in State and Local Governance." Diss., Virginia Tech, 2004. http://hdl.handle.net/10919/29431.

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The devolution and judicialization movements of the past thirty years have dramatically changed the nature and structure of state-federal governmental relations. States and localities are now playing a larger role in the implementation and delivery of basic government services. Many state legislatures, such as Virginia's, because of their limited sessions and inadequate staff assistance, often leave the interpretation of complex, technical matters to state and local administrators. As a result, the role of state and local administrators in public policy formulation and implementation has become increasingly important. Often, these administrators work in a complex environment marked by unclear lines of authority and ambiguous law. The question then becomes, to whom do state and local executive branch officials turn to for assistance and legal interpretation when legislation or regulatory schemes are unclear? One answer is the state and federal judiciary, however the process of adjudication is often an ineffective instrument for solving complex administrative questions. The risk is that courts will create what Lon Fuller (1964) calls an "undanceable tune," one to which none of the participants know the steps necessary to keep in time with the judicial order. Building upon what Fuller (1964) referred to as the "distinctive competence" of certain legal institutions, this paper offers the opinion writing function of the state attorney general as a viable alternative to adjudication. All state attorneys general issue opinions. These opinions can shape policy and the development of law, partly because the opinions may be the only guidance on statutory or constitutional issues in the absence of prior litigation. Building upon the French Council of State, and using the state of Virginia as a model, this dissertation examines the guiding role that state attorney general opinions can play in resolving issues of ambiguity and statutory construction in various areas of public management and administration. Specifically, this dissertation will examine the influence of Virginia Attorney General Opinions from the years 1972, 1976, 1980, 1984, 1988, 1992, 1996, and 2000. The reason for choosing these years will be explained in Chapter One. The dissertation will conclude with a discussion of how state attorney general opinions contribute to the governance dialogue, as well as their potential as transmitters of what Rohr (1989) terms "regime values."
Ph. D.
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Books on the topic "Attorneys generals' opinions"

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Remmelink, Jan. Remmelink concludeert: Advocaat-Generaal bij de Hoge Raad der Nederlanden 1968-1988, Procureur-Generaal bij de Hoge Raad der Nederlanden 1988-1992. Zwolle: W.E.J. Tjeenk Willink, 1992.

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2

Egypt. Qawānīn wa-niẓām al-muddaʻī al-ʻāmm al-ishtirākī wa-mabādiʼ wa-aḥkām maḥākim al-qiyam. al-Iskandarīyah: Tawzīʻ Munshaʼat al-Maʻārif, 1988.

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Estado, Ecuador Procuraduría General del. Ley orgánica de la Procuraduría General del Estado: Concordancias, absolución de consultas de la Procuraduría General del Estado. 2nd ed. Quito, Ecuador: CEP, Corporación de Estudios y Publicaciones, 2014.

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Ecuador. Procuraduría General del Estado. Ley orgánica de la Procuraduría General del Estado: Concordancias, absolución de consultas de la procuraduría general del estado. Quito, Ecuador: Corporación de Estudios y Publicaciones, 2006.

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al-Niyābah al-ʻĀmmah: Wakīl ʻan al-mujtamaʻ am tābiʻ lil-sulṭah al-tanfīdhīyah? Jārdin Sītī, al-Qāhirah: Markaz al-Qāhirah li-Dirāsāt Ḥuqūq al-Insān, 2006.

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Attorney-General, United States, and United States. Dept. of Justice., eds. The Constitution and the Attorneys General. Durham, N.C: Carolina Academic Press, 1999.

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Estado, Ecuador Procuraduría General del. Consultas jurídicas de la Produraduria General del Estado, 2008-2010. Quito, Ecuador: El Forum Editores, 2010.

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Florida. Dept. of Legal Affairs. Annual report of the Attorney General, State of Florida. Tallahassee, Fla: State of Fla., Office of Attorney General, 1990.

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Confederate States of America. Dept. of Justice. The opinions of the Confederate attorneys general, 1861-1865. Buffalo, N.Y: William S. Hein, 2005.

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Spain. Dirección General del Servicio Jurídico del Estado. Selección de dictámenes de la Dirección General del Servicio Jurídico del Estado, 1991. [Madrid]: Secretaría General Técnica, Centro de Publicaciones, 1992.

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Book chapters on the topic "Attorneys generals' opinions"

1

Adkison, Danny M., and Lisa McNair Palmer. "Preamble." In The Oklahoma State Constitution, 31–32. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197514818.003.0003.

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Part Two provides a section-by-section commentary on the current Oklahoma Constitution. Historical records and legal documents have been utilized to prepare this commentary. Court decisions and Attorney General Opinions were consulted for interpretation of constitutional provisions, with the latest cases available included. The citations to cases discussed can be found in the Appendix (Table of Cases)....
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"Adverse Effects Discrimination." In Applying Internet Laws and Regulations to Educational Technology, 41–50. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-4555-3.ch002.

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Legal writers call it “adverse effects discrimination” and “adverse discrimination effect,” which describes a situation in which a policy that seems on its face to treat everyone equally actually has an adverse impact on a protected group. Applied to gender inequality, ageism, and differential provisions for workforce training, there are plenty of cases to support the principle. One of the most notable Supreme Court cases in Canadian legal history is Gosselin v. Quebec (Attorney General). This chapter is an overview of some of the opinions published about Gosselin that exposes the Charter as negative law and constitutes part of a needs assessment for judicial instruction about deciding cases of equity.
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Taylor, Brian. "Decision Time." In Fighting for Citizenship, 69–100. University of North Carolina Press, 2020. http://dx.doi.org/10.5149/northcarolina/9781469659770.003.0004.

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This chapter covers the months when US officials first authorized black enlistment on a large scale. This forced black men to decide whether they wanted to fight for the United States, and immediate-enlistment advocates had to combat fierce resistance from those who argued that the US had not yet done enough to convince black men to enlist. Prominent black Northerners like Frederick Douglass became government recruiters, and they explained why it made sense for black men to fight for the United States. This chapter covers the factors that black men had to consider when they decided whether or not to enlist, the reasons why the debate over service faded in late summer of 1863, and the reasons why African Americans saw in the Civil War a chance to “re-found” the United States. This chapter also pays attention to the importance of the opinion on black citizenship issued in late 1862 by Attorney General Edward Bates.
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"afterwards, the company's chairman agreed to the company being taken over by another company. The merchant bankers informed the appellant of the proposed take-over and told him that a public announcement would be made shortly but that until then the information was sensitive and highly confidential. The appellant promptly purchased 6,000 shares in the company and, following the announcement of the take over, made a substantial profit. He was charged with two offences of dealing in the securities of a company as a prohibited person, contrary to s1(3) and (4)(a) of the Company Securities (Insider Dealing) Act 1985 (subsequently replaced by Criminal Justice Act 1993, Pt V). The trial judge directed the jury to acquit the appellant on the ground that there was no evidence that he had 'obtained' the information, for the purposes of s1(3), since it had been given to him unsolicited. The Attorney General then referred to the Court of Appeal for its opinion the question of the meaning of 'obtained' in s1(3) of the 1985 Act. The Court of Appeal held that a person obtained information for the purposes of s1(3) and (4)(a) of the 1985 Act, even if he came by it without any positive action on his part. On the appellant's application the Court of Appeal referred the point to the House of Lords. where-(a)." In Sourcebook on English Legal System, 185–88. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843143451-55.

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