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Journal articles on the topic 'Clerks of Courts'
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1
Liberman, Dvora. "Custodians of Continuity in an Era of Change: an Oral History of the Everyday Lives of Crown Court Clerks Between 1972 and 2015." Legal Information Management 18, no. 3 (September 2018): 120–27. http://dx.doi.org/10.1017/s1472669618000282.
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AbstractThis article discusses an oral history doctoral research project about the little known, yet critical role of the court clerk in Crown Courts. It is surprising that even though Crown Court clerks have been pivotal in trials of the most serious criminal offences, they have been neglected in legal scholarship. This research project has contributed towards filling an absence in the academic literature about the nature and function of their vital work between 1972 and 2015, and was carried out by Dvora Liberman, in partnership with the London School of Economics Legal Biography Project and National Life Stories, British Library.
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Mays, G. Larry, and William A. Taggart. "Court clerks, court administrators, and judges: Conflict in managing the courts." Journal of Criminal Justice 14, no. 1 (January 1986): 1–7. http://dx.doi.org/10.1016/0047-2352(86)90022-x.
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Villagómez Moncayo, Byron. "How criminal courts blend punitive ends with immigration control aims: The decision-making process of the discretionary prosecution provision to authorise an administrative expulsion." Revista Española de Investigación Criminológica 18, no. 2 (November 22, 2020): 1–29. http://dx.doi.org/10.46381/reic.v18i2.327.
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The involvement of the criminal justice system in immigration control is nowadays a global phenomenon that has called the attention of academics and practitioners. The Spanish legal regime has not been immune to this occurrence, encompassing a series of situations in which criminal courts are required to make decisions that can have significant implications upon immigration law enforcement. One of the most noteworthy provisions in this regard is that by which criminal courts are allowed to exercise discretionary prosecution to authorise the administrative expulsion of a prosecuted foreigner (Art. 57.7 Aliens Act). Drawing on focused observation of a court setting and semi-structured interviews with judges, prosecutors, clerks, court personnel and defence attorneys, the main findings of this paper hover around the idea that expulsion is a court’s culturally constructed punishment, defined more by the meanings attributed to it by court actors than by its formal legal categorisation.
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Winkle, John W., and David England. "Clerks in the Civil Justice Process." American Review of Politics 13 (July 1, 1992): 239–52. http://dx.doi.org/10.15763/issn.2374-7781.1992.13.0.239-252.
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Published research on the legal process for the most part neglects the strategic importance of trial clerks in courtroom workgroups. Using a questionnaire survey, this study examines the duties and perceptions of clerks in civil courts in two states. Differences in work styles are related to differential modes of selection: appointment in Tennessee and election in Mississippi. Tennessee clerks follow a bureaucratic model while those in Mississippi follow a more political one. These differences may influence in large measure the kind and degree of outputs in the respective justice processes.
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Mason, Rebecca. "Women, Marital Status, and Law: The Marital Spectrum in Seventeenth-Century Glasgow." Journal of British Studies 58, no. 4 (October 2019): 787–804. http://dx.doi.org/10.1017/jbr.2019.86.
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AbstractEarly modern women are often categorized by historians in relation to their marital status—whether they appeared as single, married, or widowed women. These identifications reflected the effects of marriage on women's legal and social status. Focusing on the records of the burgh and commissary courts of seventeenth-century Glasgow, this article shows how Scottish women's legal status existed instead on a “marital spectrum,” including liminal phases prior to the formation of marriage as well as overlapping phases following remarriage after the death of a spouse. This spectrum situates women's legal claims in relation to their marital career, allowing for a closer reading of women's legal activities. Court clerks working in Glasgow documented women's varied marital, familial, and legal identities within the court records, a Scottish practice that can shed new light on how women negotiated the boundaries of justice in early modern courts of law.
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Dalügge-Momme, Natascha. "Englische Gerichtsverhandlungen in Deutschland und Europa." Babel. Revue internationale de la traduction / International Journal of Translation 66, no. 2 (April 17, 2020): 278–93. http://dx.doi.org/10.1075/babel.00154.mom.
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Abstract Time and again, the topic of “Proceedings in English at German courts’ haunts the German media. Despite the failure of this experiment in some German cities, others keep trying again and again. This is intended to secure Germany as a court location in the long term. Other countries in Europe, such as Belgium, the Netherlands or France, have also been toying with these possibilities. What are the results there? Have they led to the expected securing of the place of jurisdiction? Are all those involved in the proceedings, such as judges, public prosecutors and lawyers, any witnesses, clerks, court ushers, the office and the interested public up to the challenge of following or conducting the proceedings in a language foreign to them? What are the experiences?
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McHardy, Alison K. "Kings’ Courts and Bishops’ Administrations in Fourteenth-Century England: A Study in Cooperation." Studies in Church History 56 (May 15, 2020): 152–64. http://dx.doi.org/10.1017/stc.2019.9.
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Behind the rhetoric and theory of crown-church conflict there was much cooperation in the everyday world, where practice and pragmatism often overrode legal and theoretical rules. This article examines the ways in which fourteenth-century English bishops and their clerks responded to the demands made of them by the royal courts. Bishops were bombarded with commands from the crown, with a resulting impact on diocesan records. The crown sought historic information about finance and rights, and commanded bishops to collect clerics’ debts and to enforce their attendance before the lay courts in both civil and criminal cases. Enquiries about the current status of individuals, whether professed in religious orders or legitimate, made considerable work for bishops. How enthusiastically and efficiently these orders were carried out is also evaluated and discussed.
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Ringel, Lewis S. "Designing a Moot Court: What to Do, What Not to Do, and Suggestions for How to Do It." PS: Political Science & Politics 37, no. 3 (July 2004): 459–65. http://dx.doi.org/10.1017/s1049096504004688.
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Educators often use role-playing exercises that involve problem based learning in their courses to improve their students' critical and analytical skills, introduce them to new ways of thinking, increase interaction with their fellow students, and to enhance student interest in course lessons and materials (Greening 1998; Albanese 1993; Hensley 1993).A popular role playing simulation is moot court (Deardoff and Aliotta 2003; Guiliuzza 1991). Moot courts are academic simulations of appellate advocacy that educate students about the law and the judicial process. Students, acting as lawyers or judges, “try” a case before an appellate court.2 In addition to acting as lawyers or judges, students are assigned to serve as “law clerks, reporters, or amicus brief writers” (Knerr and Sommerman 2001, 4). Moot court is an extremely fluid pedagogical tool which can be used for more than learning about the law or the judicial process. It has been used in a variety of disciplines including political science, media, history, journalism, sociology, art, economics, business, and the life sciences to educate students about a variety of subjects such as history, journalistic rights, anti-trust laws, or professional ethics (Carlson and Skaggs 2000; Dhooge 1999; Bentley 1996).
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Ochoa, Christiana. "Nature’s Rights." Michigan Journal of Environmental & Administrative Law, no. 11.1 (2021): 39. http://dx.doi.org/10.36640/mjeal.11.1.natures.
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Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, a plaintiff brought a suit claiming rights for the Colorado River ecosystem, although the case was dismissed. Meanwhile, several countries outside the United States have extended standing and substantive rights to nature, and that number is growing quickly. This international trend matters because U.S. Supreme Court Justices, including Sonia Sotomayor and Stephen Breyer, have argued that American courts should note and address cutting-edge legal developments in foreign jurisdictions. This Article provides the key foundational and theoretical basis for recognizing the rights of nature. It explores the intellectual and precedential basis for accepting nature’s rights, surveying developments in the natural sciences, social sciences, and humanities, and providing a survey of select legal systems that currently recognize such rights. It traces the geographic, theoretical, and practical development of the idea of nature’s rights, illustrating that human thought regarding the intrinsic value and rights of nature has evolved significantly since our common law on the issue was established. This Article thus provides the intellectual, moral, and philosophical foundation for students, clerks, judges, and lawmakers facing questions about extending rights to nature.
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Lima, Henrique Espada, and Fabiane Popinigis. "Maids, Clerks, and the Shifting Landscape of Labor Relations in Rio de Janeiro, 1830s–1880s." International Review of Social History 62, S25 (December 2017): 45–73. http://dx.doi.org/10.1017/s002085901700061x.
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AbstractThis article focuses on the lives of workers in small commerce and in domestic service in nineteenth-century Rio de Janeiro. It seeks to understand both what united and what differentiated maids (criadas) and clerks (caixeiros), two types of laborers whose lives and work had much in common, and two categories of labor that, although ubiquitous, are frequently overlooked in Brazilian labor history. We consider how, together, class, gender, and race shaped the divergent trajectories ofcriadasandcaixeirosover the course of the nineteenth century, and what the legal disputes in which they were involved during that period can teach us about the shifting dynamics in labor relations in a society marked by both slavery and labor dependency more broadly. As sources for this analysis, we draw on documents produced by legal proceedings from the 1830s through the 1880s, in which men and women involved in petty commerce and domestic service presented their cases before the courts to claim their unpaid wages.
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Dickerman, Carol, Roger Gocking, Richard L. Abel, Elisha P. Renne, Allan Christelow, Richard Roberts, David Robinson, Roberta Ann Dunbar, Jay Spaulding, and Elizabeth Schmidt. "Court Records in Africana Research." History in Africa 17 (January 1990): 305–18. http://dx.doi.org/10.2307/3171819.
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A series of panels at the ASA meeting in November 1989 focused on sources and methods for the study of law in colonial Africa. At an informal discussion held afterwards, participants agreed that court records are potentially very valuable sources for historians, anthropologists, and other scholars of Africa but that they have not been used as widely as they might be. In an effort to alert Africanists to the existence of such documents and to encourage their use, those of us who had used court records in our research were asked to provide descriptions of them. This paper is a collection of the responses.Courts were established in the African housing quarters in what was then Usumbura in 1938 as part of a broad reorganization by the colonial administration of the conditions of African residence in the city, one in the quartier of Buyenzi and the other in that of Beige (today Bwiza). These tribunals, which are still in existence, were granted jurisdiction over civil and minor criminal cases between Africans; each court had its own officials, advisors, and clerks, prominent residents of the quartier appointed by the colonial administration. Buyenzi's population was predominantly Muslim, and its court officials were men knowledgeable about Islamic law. Beige, in contrast, was a more heterogeneous community, and its court tended to be staffed by residents who had risen in the African ranks of the civil service.Men and women of both housing quarters resorted frequently to the courts, with the Buyenzi court hearing approximately 9,000 cases and Beige almost twice that many in the years between their establishment in 1938 and independence in 1962. Their complaints covered a wide range of matters: debts, business ventures, bridewealth disputes, divorces, child rights, property transfers, and various quarrels between friends, neighbors, and family members. Procedure was relatively simple. A man or woman who wished to present a complaint went before the court and was given an appointment for the case to be heard. At the time the court considered the complaint, both accuser and defendant were present. Although the parties might bring with them supporters and witnesses, there were no intermediary personnel such as lawyers. Each individual argued his own case and answered questions put by the judges. A judgment was usually handed down immediately, and it was based on customary rather than European practice. As these courts were originally established, their autonomy was very great: in principle, unless the decisions violated colonial law, they could not be overruled by Belgian officials.
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Dzatihanani, Rifanatus Sarah, and Imron Rosyadi. "Murabaha Dispute Settelement In A Sharia Rural Bank of Klaten." Journal of Islamic Economic Laws 2, no. 2 (July 1, 2019): 212–33. http://dx.doi.org/10.23917/jisel.v2i2.8593.
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In August 2018 the Religious Court accepted the Sharia Rural Bank Al-Mabrur, located in the city of Klaten, application as plaintiff under number 1135 / Pdt.G / 2018 / PA / Klt. They sued Tri Suyatmi and Panut Basuki, for their violation of disobeying the Murabaha contract number: 2414 / APJBM / AL MABRUR / VI / 2017. Based on the case above, a review of decision number 1135 / Pdt.g / 2018 / PA.Klt will be examined. In this article, we will review first of all, what is the basis for the consideration of the Klaten Religious Court judges in completing case number 1135 / Pdt.g / 2018 / PA.Klt. Secondly, Is the Religious Court judge's decision regarding the Murabaha contract in the Sharia Rural Bank Al-Mabrur in accordance with the DSN-MUI Fatwa? This research is a type of qualitative research, which uses an evaluative method that is by measuring certain benefits and activities, as well as collecting and analyzing data systematically to determine the value or benefits of the contents of decision file number 1135 / Pdt.g / 2018 / PA.Klt. The data were obtained from observations, interviews with Judges and Clerks of the Klaten Religious Court, and documents in the Religious Courts. Based on the results of the study it can be concluded that: 1) Judge's decision on case number 1135 / Pdt.g / 2018 / PA.Klt is to declare legal Murabaha contract number 2414 / APJBM / AL MABRUR / VI / 2017, 2) Defendant is proven to have defaulted and must pay material compensation of Rp. 36,269,864 and pay the costs of the case, 3) The legal basis used by the Panel of Judges in setting decisions is in accordance with Islamic Economic Law, namely using the Fatwa of the Sharia Council of the Indonesian Ulema Council (DSN-MUI) concerning the Murabaha contract
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Soave, Tommaso. "The Myth of the Lone Judge: Comparing International Judicial Bureaucracies." AJIL Unbound 116 (2022): 373–77. http://dx.doi.org/10.1017/aju.2022.63.
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In “Who Guards the ‘Guardians of the System’? The Role of the Secretariat in WTO Dispute Settlement,” Joost Pauwelyn and Krzysztof Pelc describe, in rich detail, the pervasive involvement of the World Trade Organization (WTO) Secretariat in the resolution of trade disputes.1 The authors conclude, rather emphatically, that the Secretariat “exerts more influence over dispute settlement proceedings than the staff of any comparable . . . tribunal.”2 In my view, this conclusion is somewhat misleading, as it portrays the WTO as “exceptional” or “sui generis”3 among international courts. In fact, the invisible army of legal bureaucrats (clerks, registry and secretariat lawyers, arbitral assistants, etc.) plays a “critically important”4 part across the whole field of international adjudication. What is missing is a comparative analysis of the power those bureaucrats wield in different judicial regimes. In this Essay, I outline a basic framework for the comparison, focusing on two main factors: first, the organizational and contractual arrangements that govern the relationship of international judges and bureaucrats; second, the relative distribution of expertise and capital between the two.
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Afeadie, Philip Atsu. "Ambiguities of Colonial Law: the Case of Muhammadu Aminu, Former Political Agent and Chief Alkali of Kano." History in Africa 36 (2009): 17–52. http://dx.doi.org/10.1353/hia.2010.0002.
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Colonial law in Africa involved European moral and legal codes representing some rules of western law, as well as elements of African customary law. However, the colonial situation embodying political and economic domination necessarily negated the ideal practice of the rule of law. Nevertheless, the need arose to introduce some aspects of western law and codes of administration, including salary and benefits schemes for African employees of the colonial government, and legal entitlements such as court trials for accused government employees. These considerations were deemed necessary, if at least to propitiate metropolitan critics of the colonial establishment. Also some rule of law was required for the organization of the colonial economy, including regulation of productive systems and commercial relations. As well, the need for indigenous support necessitated dabbling in indigenous customary conventions. In Muslim polities such as Kano in northern Nigeria, customary conventions included Islamic law.On the establishment of colonial rule in Kano, judicial administration was organized on three principal institutions, involving the resident's provincial court, the judicial council (emir's court), and the chief alkali's court in Kano City with corresponding district alkali courts. The resident's provincial court had jurisdiction over colonial civil servants, including African employees such as soldiers, police constables, clerks and political agents. Also, the provincial court was responsible for enforcing the abolition of the slave trade in the region. The judicial council, classified as “Grade A” court, was composed of the emir, thewaziri(chief legal counselor), the chiefalkaliof Kano (chief judge), theimam(the religious leader of Kano mosque), thema'aji(treasurer), and general assistants including some notable scholars of Kano city. The council adopted thesha'ria(Muslim law) and local Hausa custom, and its jurisdiction extended over “matters of violence, questions of taxation and administration, and cases involving property rights, whether over land, livestock, trade goods, or slaves.” On the issue of capital sentencing, the judicial council required the approval of the resident. The council was also prohibited from authorizing punishments involving torture, mutilation, or decapitation.
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Miller, Mark C. "Law Clerks and Their Influence at the US Supreme Court: Comments on Recent Works by Peppers and Ward." Law & Social Inquiry 39, no. 03 (2014): 741–57. http://dx.doi.org/10.1111/lsi.12074.
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There has been a fair amount of recent scholarly attention to the role and influence of law clerks at the Supreme Court of the United States. This new wave of systematic research began when Todd C. Peppers (2006) published Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk at almost exactly the same time as Artemus Ward and David L. Weiden's (2006) Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court. Then Peppers and Ward (2012) teamed up to produce an edited volume, In Chambers: Stories of Supreme Court Law Clerks and Their Justices, in which each chapter focuses on the relationship of a specific justice and his or her clerks. Together these three works raise interesting questions about how one properly studies the role and power of law clerks at the US Supreme Court. How does one measure the influence of these temporary assistants to the justices? Should sociolegal scholars trust them to help us understand the approaches and behavior of the justices today or in the past or do they have an unrealistic and inflated view of their own contributions? This essay offers a broad overview of what scholars and journalists currently know about the role of clerks at the Supreme Court.
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Agusta, Kurniadi, Sirman Dahwal, and Mohammad Darudin. "ITSBAT NIKAH DECISIONS ISSUED BY THE RELIGIOUS COURTS OF CLASS 1A BENGKULU ON THE SPOUSES WHOSE ABSENCE IN MARRIAGE DOCUMENTS ACCORDING TO ISLAMIC MARRIAGE LAW." Bengkoelen Justice : Jurnal Ilmu Hukum 9, no. 2 (January 2, 2020): 135–46. http://dx.doi.org/10.33369/j_bengkoelenjust.v9i2.9967.
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In Bengkulu city, there is a marriage phenomenon done by the cultural law but not legally acknowledged in the data of ministry of religious office. Such a particular situation results in the absence of legal standing in terms of data. This being the case, spouses then ask for official marriage decisions or itsbat Nikah to the office of ministry of religious so that they would receive marriage letter. To answer the problems, the method used is empirical law research method. Data are obtained through observation and interviews to informant judges, clerks and seekers of justice who apply for marriage. Furthermore, it is analyzed by qualitative juridical with deductive and inductive method, thus it can be drawn a conclusion to answer from every existing problem. The results of this study indicate that: 1) many spouses do not have a marriage document since they avoid sin due to adultery, and feel not ready materially and socially, become pregnant out of marriage, and are overwhelmed with the assumption that whether having marriage documents or not will be the same, 2) the legal consequences of marriage without a marriage certificate are considered invalid because such a marriage is illegal under the law No. 1/1974 stating that the wife also has no right to the livelihood and inheritance of the husband if he dies and is not entitled to, (3) the religious courts of Bengkulu states that it is important to issue the-so-called itsbat Nikah or official documents to the spouses who have yet to legally declare their marriage as stated in the decree No.1/1974 for the betterment of the society.
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Litman, Leah, Melissa Murray, and Katherine Shaw. "A Podcast of One’s Own." Michigan Journal of Gender & Law, no. 28.1 (2021): 51. http://dx.doi.org/10.36641/mjgl.28.1.podcast.
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In this short Essay, we discuss the lack of racial and gender diversity on and around the Supreme Court. As we note, the ranks of the Court’s Justices and its clerks historically have been dominated by white men. But this homogeneity is not limited to the Court’s members or its clerks. As we explain, much of the Court’s broader ecosystem suffers from this same lack of diversity. The advocates who argue before the Court are primarily white men; the experts cited in the Court’s opinions, as well as the experts on whom Court commentators rely in interpreting those opinions, are often white men; and the commentators who translate the Court’s work for the public are also largely white men. We suggest this lack of diversity has consequences both for the Court’s work and for the public’s understanding of the Court. We also identify some of the factors that contribute to the lack of diversity in the Court’s ecosystem, including unduly narrow conceptions of expertise and a rigid insistence on particular notions of neutrality. We also note and discuss our own modest efforts to disrupt these dynamics with Strict Scrutiny, our podcast about the Supreme Court and the legal culture that surrounds it. To be sure, a podcast, by itself, will not dismantle the institutional factors that we have identified in this Essay. Nevertheless, we maintain that our efforts to use the podcast as a platform for surfacing these institutional dynamics, while simultaneously cultivating a more diverse cadre of Supreme Court experts and commentators, is a step in the right direction.
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Horwitz, Henry. "Record‐keepers in the Court of Chancery and their ‘Record’ of Accomplishment in the Seventeenth and Eighteenth Centuries." Historical Research 70, no. 171 (February 1, 1997): 34–51. http://dx.doi.org/10.1111/1468-2281.00030.
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Abstract This article describes the conflict over authority and fees which came to a head in 1791 between two groups of officials within the court of chancery, the Sworn Clerks and the Six Clerks, and considers how far the recurrent conflict adversely affected the preservation of the court's records. It gives an account of record‐keeping in the context of these clashes and explores the surviving records of chancery equity proceedings in the Public Record Office. Users of these records are alerted that, although voluminous, they are far from complete.
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McInnes, Mitchell, Janet Bolton, and Natalie Derzko. "Clerking at the Supreme Court of Canada." Alberta Law Review 33, no. 1 (December 1, 1994): 58. http://dx.doi.org/10.29173/alr1143.
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This article takes an in-depth look at the law clerks and the role they play at the Supreme Court of Canada. Such an examination both informs prospective clerks on the nature of the position and promotes a better general understanding of how the judicial process operates at this level. The authors begin their analysis by looking at the history of the law clerks at the Supreme Court. Although the functions of the clerks have changed little since their introduction in 1968, the clerkship program has evolved with a changing Supreme Court, contributing to the institutions "coming of age." The authors then shift their attention to examining the present clerkship program. The article first reveals the manner in which the clerks are selected by the Court. Using data collected by a questionnaire sent to clerks of the 1991-93 terms, the authors also attempt to convey, in a general way, some sense of the people who have served at the Court in recent years. Next, the major functions performed by the clerks are described. While the clerks do have a great deal of responsibility, the authors dispel much of the criticism directed at United States Supreme Court clerks by stating that the law clerks at the Supreme Court of Canada do not have an improper degree of authority. The authors conclude that the clerking experience benefits both the clerks themselves and the procedures of the Court. As such, the law clerks are an entrenched and indispensable part of the judicial process at the Supreme Court of Canada.
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Matwijów, Maciej. "Manuscript Books: Collections of Political Life Materials from the Area of the Grand Duchy of Lithuania Dating Back to the 17th and 18th Centuries in Libraries, Archives and Museums in Poland." Knygotyra 77 (December 30, 2021): 171–202. http://dx.doi.org/10.15388/knygotyra.2021.77.92.
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The article discusses manuscript books – collections of public life materials created in the 17th and 18th centuries in the Grand Duchy of Lithuania, now located in Poland. They were created mainly by nobles and by chancellery clerks and officials employed at magnates’ and state dignitaries’ courts as an expression of the interests of collectors or documentary and historiographical concerns, and sometimes also as support for public activity. They contained various materials related to conducting, documenting and recording public life. The present overview is based on an identification of copies and on the information contained in printed and online manuscript catalogues and inventories. The number of surviving manuscripts of that type can be hypothetically estimated at ca. 400–500 copies, with ca. 100 copies identified in Poland. Their largest collection is held in the Radvilos Archives, part of the Central Archives of Historical Records in Warsaw, with single copies scattered across different libraries and museums. The oldest ones date back to the late 16th and early 17th centuries. The greatest value should be attributed to several manuscripts originating from the Radvilos of Biržai community from the mid-17th century. Other valuable manuscripts include some made by common nobles, especially in the 17th century, as they often contain unique materials, unknown from elsewhere, as well as those created in the circles of the Sapiegos and Radvilos of Nyasvizh magnate families. Standing out among the latter are miscellanies created during the first three decades of the 18th century by Kazimierz Złotkowski, secretary of the Grand Chancellor of Lithuania Karolis Stanislovas Radvila. These books attest to the integration of the Grand Duchy of Lithuania’s nobility and magnates with other lands of the Polish-Lithuanian Commonwealth. They largely contain materials relating to public life of the whole Commonwealth, while often including materials relating to local issues.
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Butler, Sara M. "Medicine on Trial: Regulating the Health Professions in Later Medieval England." Florilegium 28, no. 1 (January 2011): 71–94. http://dx.doi.org/10.3138/flor.28.004.
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Given the hurdles one faced in trying to stay healthy in later medieval England, it should come as no surprise that the medieval English placed a premium on competent medicine. As Carole Rawcliffe has argued, “medieval life was beset by constant threats to health arising from poor diet (at both ends of the social spectrum), low levels of hygiene, high rates of infant mortality, the risks of childbirth and repeated pregnancies, accidents and injuries.” Add to this the episodic dangers of war, epidemics, and famine, as well as the lack of antibiotics, and we have a world in great need of medical expertise. Because of the prohibitive cost of professional medicine, men and women in late medieval England insisted that medical practitioners be held to high standards. Swindlers and frauds who posed as physicians but had no real medical credentials felt the full wrath of medieval society. One of the best-known, and most revealing, cases is that of Roger Clerk of Wandsworth, indicted before the mayor’s court of London in May of 1382. Claiming that “he was experienced and skilled in the art of medicine” when really he “knew nothing of either of the arts [of medicine and surgery] nor understood anything of letters,” Clerk undertook to cure Johanna, wife of Roger atte Hacche of London, of “certain bodily infirmities.” After receiving a payment of 12d, Clerk gave Johanna’s husband “an old parchment, cut or scratched across, being the leaf of a certain book, and rolled it up in a piece of cloth of gold, asserting that it would be very good for the fever and ailments of the said Johanna.” The talisman did nothing for Johanna. Feeling deceived, Hacche took Clerk to court. The parchment itself was entered into evidence before the mayor and aldermen of the city. When asked to read the words on the parchment, the illiterate Clerk responded, “Anima Christi, sanctifica me; corpus Christi, salva me; in isanguis Christi, nebria me; cum bonus Christus tu, lava me.” But officials examining the parchment found none of these words inscribed thereon, and the court concluded that Roger Clerk was both an infidel and a fraud. As punishment, he was to be “led through the middle of the City, with trumpets and pipes, [. . .] the said parchment and a whetstone, for his lies, being hung about his neck, an urinal also being hung before him, and another urinal on his back.” The public display with urine flasks symbolizing the medical profession adorning the culprit’s neck was intended to mock him. Public ridicule of this nature was a popular approach to dealing with sinners and miscreants in late medieval England; the courts intended the public punishment to act both as humiliation and as a deterrent to others who might contemplate engaging in the same fraudulent activities. That the court regarded Clerk’s attempts to heal his patient with an old talisman as heresy demonstrates just how reprehensible his actions were thought to be. The very public and degrading punishment of Roger Clerk indicates a low tolerance for deception in the business of medicine in later medieval England.
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Zieliński, Hubert. "Ewolucja katalogu czynności z zakresu ochrony prawnej wykonywanych przez referendarzy sądowych – uwagi na tle nowelizacji ustawy – Kodeks postępowania cywilnego oraz ustawy – prawo upadłościowe." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 310–23. http://dx.doi.org/10.15584/znurprawo.2020.29.21.
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The article aims to present the latest changes in the Code of Civil Procedure and the Bank-ruptcy Law on the background of historical evolution of judicial clerk profession and Constitutional Tribunal case law. It emphasizes that the part of new regulations, which were meant to reduce the amount of work for the judges, can be incompatible with Constitution. There is a risk that part of these changes can be treated as an administration of justice, which, according to Constitution is reserved to independent judges. In the article it is also mentioned, which other court activities can be done by judicial clerks without the doubts about the constitutional guarantees in the future.
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Glushkov, Vasiliy V. "On the issue of status of assistant judge and session clerk in district courts." Vestnik of Kostroma State University, no. 4 (2019): 170–74. http://dx.doi.org/10.34216/1998-0817-2019-25-4-170-174.
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The description of the positions of assistant judge and court session secretary in the district courts of the Russian Federation is given. In reference to the regulations, the main provisions concerning the legal status of these posts are given. The ratio of posts by order of selection and appointment of candidates is considered. Problems of regulation of rights, responsibilities and organisational subordination of the assistant judge and the secretary of the court session have been identified and ways of solving them have been proposed. The practical solutions to existing problems have been analysed. A change in the law governing the passage of the civil service in the courts has been proposed.
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Gerasenko, E. V. "The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts." Rossijskoe pravosudie 6 (May 20, 2020): 26–34. http://dx.doi.org/10.37399/issn2072-909x.2020.6.26-34.
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Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».
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Tan, David, and Lily Sudhartio. "The Mediating Effect of Motivation and Job Satisfaction Between Work Environment and the Performance of Judges and Court Clerks in Riau Islands Province." Journal of Business & Applied Management 14, no. 2 (October 11, 2021): 099. http://dx.doi.org/10.30813/jbam.v14i2.2795.
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The objective of this research is to distinguish the effect of work environment on the performance of judges and court clerks in the Riau Islands Province of Indonesia, and the impact of motivation and job satisfaction as intervening variables in influencing the model. A census questionnaire was produced and validated employing a pilot data. A total of 109 questionnaires were distributed to judges and court clerks in Riau Island Province and all questionnaires were returned and validated. Regression was utilised to predict and measure the correlations; thus, the outcomes statistically suggest that there are a meaningful and positive impact in the model. The mediation test indicates that motivation and job satisfaction act as mediating variables (partial mediation) and mediate the relationship between the work environment and the performance of the judges and court clerks. This research implies that a good working atmosphere results in a better motivation and job satisfaction that boosts the working performance. Judges and court clerks enjoy considerable benefits if the determinant were being addressed. This study has extended the existing literature by identifying the mediating role of motivation and job satisfaction on determinants affecting work performance of judges and court clerks, specifically in the Indonesian context.
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Rubinfeld, Daniel L., and Joe S. Cecil. "Scientists as Experts Serving the Court." Daedalus 147, no. 4 (October 2018): 152–63. http://dx.doi.org/10.1162/daed_a_00526.
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Our courts were not designed to consider the increasingly complex scientific and technical evidence needed to resolve contemporary legal disputes. Moreover, when conflicting evidence requires an understanding and interpretation of scientific or technical issues, allowing the parties to control the presentation of evidence places great strain on the judge and jury. This essay describes and evaluates three prototypical procedures that allow courts to appoint scientists and other experts independent of the parties to assist the court: 1) The appointment of an expert to advise the court and the parties regarding a disputed scientific issue by testifying in open court and being cross-examined by the parties; 2) The appointment of a “technical advisor” who assists the judge regarding scientific issues in much the same way that a law clerk assists regarding legal issues; and 3) The appointment of a special master who takes responsibility for the resolution of a portion of the case and prepares a written report for consideration by the court.
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Rybalko, Natalia. "Great Perm Governance in the Late 16th – Early 17th Century: From Administrators to Voivodes." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 5 (December 2020): 100–112. http://dx.doi.org/10.15688/jvolsu4.2020.5.9.
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Introduction. Great Perm (Perm Velikaya) in the late 16th – early 17th centuries included Cherdyn, Solikamsk and Kaigorod districts. It was an important strategic region. Taxes from this region entered the royal treasury almost regularly, while the central part of the state was devastated by military operations during the Time of Troubles. The region provided communication with Siberia, its annexation and development. Historiography is dominated by the opinion that the institution of voivodeship was introduced in Great Perm in the late 16th century. Methods and materials. The research is based on the documents of the archive of the Solikamsk district court, which currently constitute the collection of the fund No. 122 “Acts of Solikamsk” of the Archive of the St. Petersburg Institute of History of the Russian Academy of Sciences for the period from 1605 to 1613. The documentary complex was previously reconstructed using the principle of mutual correspondence of documents. The prosopography method was applied to study the biographies of clerks. Analysis. The article analyzes the argumentation of researchers on the problem when the institute of voivodeship was introduced in Great Perm. The fundamental documents of the late 16th century have been revealed. It is proved that they do not contain information about the voivodeship form of government. The list of administrators and clerks of the late 16th century – early 17th century has been restored. The beginning and end of their service are indicated. Results. There was no voivodeship position in Great Perm until 1609. An administrator and a clerk were appointed to the clerk hut from Moscow. The change of administration took place on average every 2 years. The institute of voivodeship was introduced in Great Perm in 1610. The first voivode of Great Perm was Ivan Ivanovich Chemodanov. The administrators who replaced him also served as voivodes. The control system in Great Perm was strengthened by 1613.
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Misran, Misran Misran. "URGENCY OF RUNNING HANDLING IN DIVORCE CASE (Study of the Circuit Court Program at the Jantho Syar'iyyah Court)." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 10, no. 2 (December 28, 2020): 131. http://dx.doi.org/10.22373/dusturiyah.v10i2.8113.
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According to a 2007 study, the poor face major financial barriers to accessing the Religious Courts relating to court fees and transportation costs to come to court. The Supreme Court responded to these findings by paying great attention to the holding of circuit courts and waiving court fees with the Prodeo process. This response is manifested in the Supreme Court Circular (SEMA) Number 10 of 2010 concerning Guidelines for Legal Aid, which is divided into two attachments, namely attachment A for the General Courts and Annex B for the Religious Courts. Based on data from the Syar'iyah Jantho Court, the divorce case that occurred in Aceh Besar District was classified as high. The divorce rate is the number registered with the Jantho Syar'iyah Court, not including those who are not registered or divorce in secret without being registered with the Jantho Syar'iyah Court. Because traditionally, many people divorce without registering with the Syar'iyah Court, especially those whose social, educational and economic status is middle to lower, coupled with the long distance between their homes and the Syar'iyah Court. Therefore, the problems in this thesis are how the circuit court procedure in divorce cases at the Jantho Syar'iyah Court, how the community's participation in the implementation of circuit courts in divorce cases at the Jantho Syar'iyah Court and how the influence of circuit courts in the social life of the community. With the method of field research (field research) conducted at the Syar'iyah Jantho Court, the result of the research is that the procedure for conducting a circuit court consists of pre-trial stages, namely case registration, appointment of a panel of judges (PMH), appointment of a substitute clerk (PP) and a substitute bailiff. (JSP), Determination of Session Day (PHS), and Summons of the parties. The second stage of the trial is peace efforts, reading of lawsuit / petition, answer-answer, verification, deliberation of the panel of judges, reading of decisions / decisions, implementing the divorce vow and submitting divorce certificates. Insofar as it is implemented, community participation is very high so that it affects public awareness that the termination of a marriage relationship is very important to obtain legal certainty.
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MCLAUGHLIN, HUGH. "COURT CLERKS: ADVISERS OR DECISION-MAKERS?" British Journal of Criminology 30, no. 3 (1990): 358–70. http://dx.doi.org/10.1093/oxfordjournals.bjc.a048026.
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Zambrana-Tévar, Nicolás. "Civil Liability for Sex Abuse by Muslim Clergy in Spain." Journal of Law, Religion and State 9, no. 2-3 (November 22, 2021): 270–98. http://dx.doi.org/10.1163/22124810-2021j006.
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Abstract State courts of civil law and common law jurisdictions alike are used to applying the rules of direct and indirect tort liability to Christian churches in different ways and with different results. But recent court decisions have put the issue of the civil liability of religious groups for acts of sex abuse by clergy in a different context, that of Islam. A common denominator in the reasoning of courts worldwide is the relevance of religious authority – authority to appoint and supervise clergy or authority vested in clergy – as an important factor in the attribution of civil liability. But Islam is a religion whose organizational structure and ministers are simply too different from those of the various Christian churches, so that state courts run the risk of wrongly applying to Islamic communities and Muslim entities the same categories and legal principles they usually apply in other, more common, cases of sex abuse.
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Hill, Mark. "Religious Symbolism and Conscientious Objection in the Workplace: An Evaluation of Strasbourg's Judgment in Eweida and others v United Kingdom." Ecclesiastical Law Journal 15, no. 2 (April 10, 2013): 191–203. http://dx.doi.org/10.1017/s0956618x13000215.
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The judgment of the European Court of Human Rights in Eweida and others v United Kingdom1 related to two pairs of cases.2 The first pair concerned a British Airways check-in clerk and a nurse, each of whom complained that dress codes at their respective places of work prevented them from openly wearing a small cross on a chain around their neck. In the second pair, a registrar of marriages and a relationship counsellor refused to offer their respective services to same-sex couples on the basis that homosexual acts were incompatible with their religious beliefs. Having failed to obtain relief in the domestic courts, all four applicants took their claims to Strasbourg, which heard oral argument last September. Judgment was pronounced on 15 January 2013. This Comment considers the broad thrust of the judgment, particularly the threefold manner by which the Court has clarified and embedded the right to freedom of religion, the practical outcome in the individual cases, and the likely effect of the judgment upon future litigation in the domestic courts of the United Kingdom.
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Khudoynazarov, Dadakhon A. "PARTICIPATION OF A JUDGE'S ASSISTANT (COURT SECRETARY) IN THE ECONOMIC PROCESS: NATIONAL AND FOREIGN EXPERIENCE." American Journal of Interdisciplinary Innovations and Research 04, no. 09 (September 1, 2022): 5–14. http://dx.doi.org/10.37547/tajiir/volume04issue09-02.
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In this article, the main concepts, opinions and comments of national and foreign legal scholars regarding the assistant judge and clerk of the court session, the legal basis of the activity of the assistant judge (clerk of the court session), the necessary requirements for the assistant judge and the clerk of the court session, their relationship with the persons who implement justice , opinions on the staff of the judicial apparatus, the participation of the assistant judge and clerk of the court session in the court session, duties and powers based on the experience of foreign countries, the rights and obligations of the assistant judge (secretary of the court session), responsibility, grounds for self-rejection, court the order of the meeting, national and foreign experience, proposals for improving the legislation.
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Khudoynazarov, Dadakhon A. "PARTICIPATION OF A JUDGE'S ASSISTANT (COURT SECRETARY) IN THE ECONOMIC PROCESS: NATIONAL AND FOREIGN EXPERIENCE." American Journal of Social Science and Education Innovations 04, no. 09 (September 1, 2022): 5–14. http://dx.doi.org/10.37547/tajssei/volume04issue09-02.
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In this article, the main concepts, opinions and comments of national and foreign legal scholars regarding the assistant judge and clerk of the court session, the legal basis of the activity of the assistant judge (clerk of the court session), the necessary requirements for the assistant judge and the clerk of the court session, their relationship with the persons who implement justice , opinions on the staff of the judicial apparatus, the participation of the assistant judge and clerk of the court session in the court session, duties and powers based on the experience of foreign countries, the rights and obligations of the assistant judge (secretary of the court session), responsibility, grounds for self-rejection, court the order of the meeting, national and foreign experience, proposals for improving the legislation.
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Popović, Miroslav. "The County Court of Ćuprija in 1840s: A contributions to history." Zbornik radova Filozofskog fakulteta u Pristini 51, no. 1 (2021): 177–91. http://dx.doi.org/10.5937/zrffp51-30347.
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The aim of the paper before us is to present the basic features of the development of the County Court of Ćuprija in the 1840s, its organization and work, based on the report of the Ministry of Justice, which contain statistical data and conduit lists with information about employees. The paper is also based on published documents of the Court, schematism and the Census of Tax Heads, Municipalities and Conciliation Courts in the Principality of Serbia from 1839. The County Court of Ćuprija took its place in the network of county courts of the Principality of Serbia, which was the basis of the judicial system, which, after the Constitution of 1838, the first regulations, decrees and laws on organization and procedure, made its first serious steps. When it comes to staff, the members of the court were people with experience, most of the employees had completed normal schools, therefore, they had basic preconditions for performing the service. The Commission for the Improvement of Civil Procedure from 1845 found that the Ćuprija court also entered the group of overburdened, and increased its staff by one clerk. When looking at official data, the number of crimes and civil lawsuits at the Ćuprija County Court increased during the 1840s, especially in 1845 the court had problems with accumulated civil lawsuits. There was a drastic increase in adjudicated cases of crimes and lawsuits after 1845, and it seems that the interventions of state authorities have influenced the increase of efficiency, and, perhaps, the trend of adopting new, more differentiated, applicable, clearer and more efficient regulations, both in the field of judicial organization and various branches of civil and criminal law and court procedure.
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Ridwan, Moch. "DEVELOPMENT OF TRAINING FOR THE POSITION OF REGISTRARS IN THE SUPREME COURT." Jurnal Hukum dan Peradilan 10, no. 3 (November 30, 2021): 380. http://dx.doi.org/10.25216/jhp.10.3.2021.380-406.
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The registrar's position within the Supreme Court is a career position with the status of a Civil Servant, who is specifically tasked with regional and central courts to receive, examine, adjudicate and settle registered cases. The clerk of the court who serves in the Court has an important role in handling the administration of the trial and the execution of the judge's decision in the Court. This role further clarifies the position and orientation of the function of the part of justice services for citizens optimally. This study aims to develop an education and training policy plan that supports the profession of court officials before carrying out their duties and functions as Registrars.This study uses a qualitative method with a normative juridical approach in the field of education and training. The results of this study found that the current administration of education and training for registrars, such as curriculum content and learning time is still lacking as a basis for competencies and specifications for job career paths required by the organization. This needs to be adjusted to the needs of the organization in meeting the professional standards of the clerkship position within the Supreme Court.
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Kromphardt, Christopher D. "US Supreme Court Law Clerks as Information Sources." Journal of Law and Courts 3, no. 2 (September 2015): 277–304. http://dx.doi.org/10.1086/682136.
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Bedir, Ömer. "The Flotilla Incident from the Perspective of International Law and the Judicial Rights of the Victims." Age of Human Rights Journal, no. 15 (December 15, 2020): 51–72. http://dx.doi.org/10.17561/tahrj.v15.5817.
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The Mavi Marmara flotilla, which sailed for a humanitarian mission and aimed to break the Israeli blockade to Gaza, was intercepted by the Israeli soldiers on high sea on 31st May 2010. In this raid, nine civilians have lost their lives on the spot and 55 others were wounded. States and their agents can be held accountable if they commit crimes. Therefore, the Mavi Marmara victims have the right to sue at national and international level the Israeli officers who took part in the operation. Some victims have filed criminal and civil cases before the Turkish courts against Israel and its officers. Besides these judicial cases brought before the national courts, a referral was also made by the Union of the Comoros, flag country of the Mavi Marmara vessel, to the International Criminal Court. Meanwhile, Turkey and Israel have signed a bilateral agreement for the compensation of the bereaved families. This compensation agreement clears Israel and its officers off all legal responsibilities arising from the flotilla incident before the Turkish courts. This bilateral agreement is a legal obstruction imposed to the victims in their quest of justice. The Turkish Court of Cassation, in its recent decisions, has requested the courts of first instance to take into consideration the provisions of the said agreement. Despite the above mentioned agreement, the victims shall have still the right to sue the Israeli officials responsible for the flotilla incident before national, foreign and international courts, on the grounds of crime against humanity, provided that the necessary requirements are fulfilled.
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Suhariyanto, Budi. "QUO VADIS: STATUS JABATAN DAN SISTEM KARIR KEPANITERAAN PERADILAN." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 11. http://dx.doi.org/10.25216/jhp.3.1.2014.11-24.
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Normatively, judicial registrar status is set differently. While explicity defined as a functional, but without the credit and judicial office. Functional qualification held judicial registrar existence is synchronizedwith the structural position of the promotion system and regular. A clerk on the supreme of court must be a judges. So that the clerk have a career at the highest level only appellate court registry. The supreme of court regulation drafting that gaves the registrar portion to career clerk, then enactment of civilian state apparatus regulation get the civil servants functional oriented. It is necessary to evaluate the official status to career system. On the ius constituendum, registrar as the special functional need to be considered. Keyword: function, career, registrar
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Danbury, Elizabeth A., and Kathleen L. Scott. "THE PLEA ROLLS OF THE COURT OF COMMON PLEAS: AN UNUSED SOURCE FOR THE ART AND HISTORY OF LATER MEDIEVAL ENGLAND, 1422–1509." Antiquaries Journal 95 (September 2015): 157–210. http://dx.doi.org/10.1017/s000358151500044x.
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The court of Common Pleas was one of the most important courts in the English legal system for more than 600 years, until its abolition by Act of Parliament in 1873. The cases heard before this royal court were civil disputes between the king’s subjects, often relating to land, inheritance and debts. The purpose of this paper is to introduce readers to the ornament and imagery that appeared on the headings of the main records of the court of Common Pleas between 1422 and 1509 and to explore the origins and contemporary context of the images and representations employed by the clerk-artists who wrote and decorated these headings. The decoration they chose ranged from simple ornament to representations of plants, birds, animals and people. Great emphasis was placed on the role of the sovereign as the fount of justice, and this emphasis was reinforced by the incorporation of words and phrases, acclamations and verses from the Psalms chosen to underline the majesty and power of successive monarchs. The illustrations provide an important insight into the art, history and politics of late fifteenth-century England.
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Triana, Nita. "Execution of Security Rights in Islamic Banking at The Religious Court of Purbalingga." International Conference of Moslem Society 1 (October 24, 2016): 287–97. http://dx.doi.org/10.24090/icms.2016.2413.
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This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in the Purbalingga Religious Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the Structure of Purbalingga Religious Court carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.
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Triana, Nita. "Execution of Security Rights in Islamic Banking at the Religious Court of Purbalingga." International Conference of Moslem Society 2 (April 23, 2018): 51–61. http://dx.doi.org/10.24090/icms.2018.1906.
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This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in the Purbalingga Religious Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the Structure of Purbalingga Religious Court carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.
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Vallejo, Iván Garzón, and Cristian Rojas González. "Hercules in the Colombian Constitutional Court." Baltic Journal of Law & Politics 13, no. 1 (June 1, 2020): 1–23. http://dx.doi.org/10.2478/bjlp-2020-0001.
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Abstract This paper explores how the Colombian Constitutional Court has used the legal and political philosophy of Ronald Dworkin to show that the use of the concepts of rights as trump cards, individual autonomy, and state neutrality, have configured the reception of egalitarian liberalism. This conclusion is reached by means of an analysis of the meaning and use of these concepts in certain judicial decisions and of personal interviews with certain head justices and law clerks of said Court, which also made it possible to frame this question within the larger issue of the relationship of philosophy to the decisions of the judges.
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TREMBLAY, JEAN-FRANÇOIS. "COURT CLEARS THAI PROJECTS." Chemical & Engineering News 88, no. 37 (September 13, 2010): 6. http://dx.doi.org/10.1021/cen090910154427.
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Schneider, Karsten. "Yes, But … One More Thing: Karlsruhe's Ruling on the European Stability Mechanism." German Law Journal 14, no. 1 (January 1, 2013): 53–74. http://dx.doi.org/10.1017/s2071832200001711.
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As in its first leading Euro-Case (“Greece Bailout”) one year ago, the Second Senate of the Federal Constitutional Court (FCC) once again decided on the fate of Europe's bailout. The Court's ESM ruling on September 12, 2012, clears the path for the next steps in a fast-moving “rescue” situation. This time for the ratification of three international agreements: The insertion of Article 136(3) TFEU, the new Treaty establishing the European Stability Mechanism (ESM Treaty), and the new Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (Fiscal Compact).
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Purdum, Elizabeth. "Subculture of Deputy Court Clerks: Implications for Access and Reform." Human Organization 44, no. 4 (December 1985): 353–59. http://dx.doi.org/10.17730/humo.44.4.348484144441g427.
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Pilaar, Jeremy. "The Making of the Supreme Court Bar: How Business Created a Solicitor General for the Private Sector." Michigan Law Review Online, no. 117 (2018): 75. http://dx.doi.org/10.36644/mlr.online.117.making.
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This Essay tells a simple but important story about power and the law: that of the rise of the modern Supreme Court bar. Since 1985, a small cadre of private attorneys has come to dominate Court advocacy. While the share of lawyers making their first arguments before the justices fell from 76% to 43% between 1980 and 2007, the fraction with ten or more arguments under their belt rose from 2% to 28%. Similarly, while litigators with five or more previous arguments were responsible for 5.8% of the case petitions granted in October Term 1980, that quotient soared to 55.5% by 2008. This elite bar disproportionately influences the Court's activity. Of the 17,000 lawyers who petitioned the Court from 2004 to 2012, the top sixty-six succeeded in getting their cases heard six times more often than their competitors. Interviews with former Supreme Court clerks, who read and summarize cert petitions for the justices, confirm that they place outsized weight on briefs filed by prominent advocates. Statistical analysis further shows that these lawyers significantly raise a party's chance of success on the merits. The bar's success on behalf of business has induced a form of "docket capture." As legal scholar Richard Lazarus has observed, the bar has forced a surge in antitrust cases that has softened anti-monoppolistic doctrine and cleared the way for aggressive mergers. It has similarly managed to persuade the justices to limit punitive damages in mass tort litigation. The bar has therefore played a crucial role in making today's Court one of the most business friendly in the nation's history.
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Zheltobriukh, Iryna. "Doctrinal and Legislative Approaches to the Definition of Subjects and Participants in the Administrative Process." Проблеми сучасних трансформацій. Серія: право, публічне управління та адміністрування, no. 2 (January 5, 2022): 3–8. http://dx.doi.org/10.54929/pmtl-issue2-2021-01.
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The paper examines the existing contradictions between scientific terminology and terminology of legislation on the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational literature shows that even today there is no clear justification for the relationship between the concepts of"subject of administrative process" and "participant in the administrative process". The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural law and the laws of development of the science of administrative procedural law. It is concluded that it is long overdue to offer the scientific community and legal practitioners a concept of the relationship between the concepts of "subject of administrative proceedings" and "participant in administrative proceedings", which would reconcile the contradictions of otological and epistemological terminology used in CAP of Ukraine. The necessity to use in science of administrative law and process the concept according to which administrative process should be considered as law enforcement activity of administrative courts connected with consideration and the decision of public law disputes is proved. In this case, the subject of the administrative process will always be the administrative court, while the parties, third parties, representatives, assistant judge, court clerk, court administrator, witness, expert, legal expert, translator, specialist are only participants in the administrative process , ie persons who take part in the law enforcement activities of the administrative court.
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Campagnolo, Yan. "Cabinet Immunity in Canada: The Legal Black Hole." McGill Law Journal 63, no. 2 (March 20, 2019): 315–74. http://dx.doi.org/10.7202/1058195ar.
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Fifteen years ago, in Babcock v. Canada (A.G.), the Supreme Court of Canada held that section 39 of the Canada Evidence Act, which deprives judges of the power to inspect and order the production of Cabinet confidences in litigation, did not offend the rule of law and the provisions of the Constitution. The aim of this article is to revisit this controversial ruling and challenge the Supreme Court’s reasoning. The first part seeks to demonstrate that the Supreme Court adopted a very thin conception of the rule of law in its jurisprudence, a conception which is of limited use as a normative framework to assess the legality of statutory provisions. To that end, the author turns to the thicker theory of law as justification which insists upon the requirements of fairness, transparency, and accountability. Pursuant to the theory of law as justification, an executive decision to exclude relevant evidence in litigation must comply with two requirements: it must be made following a fair decision-making process; and it must be subject to meaningful judicial review. The second part seeks to demonstrate that section 39 does not comply with these requirements. The decision-making process established by Parliament under section 39 is procedurally unfair, in violation of paragraph 2(e) of the Canadian Bill of Rights, because: the identity of the final decision-maker—a minister or the Clerk of the Privy Council—gives rise to a reasonable apprehension of bias; and the decision-maker is not required to properly justify his or her decision to exclude relevant evidence. In addition, section 39 infringes the core, or inherent, jurisdiction and powers of provincial superior courts, in violation of section 96 of the Constitution Act, 1867, as it unduly limits their authority to: control the admissibility of evidence in litigation; and review the legality of executive action. As a result of these flaws, the author argues that section 39 is an unlawful privative clause, a form of legal black hole, which offends the rule of law and the provisions of the Constitution.
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Massey, Patrick. "A League of Their Own: Landmark Supreme Court Judgment Clears Irish League of Credit Unions of Abuse of Dominance." World Competition 31, Issue 2 (June 1, 2008): 259–77. http://dx.doi.org/10.54648/woco2008020.
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In a unanimous judgment handed down on 8 May 2007, Ireland’s Supreme Court upheld an appeal by the Irish League of Credit Unions (ILCU) against a High Court judgment that ILCU had abused a dominant position. The Irish Competition Authority had alleged that ILCU had abused its dominant position in the market for savings protection services (SPS) by limiting access to SPS services to its own members. The Authority claimed that this amounted to tying as credit unions wishing to obtain SPS services were required to also purchase credit union representation services from ILCU and that such tying amounted to an abuse of dominance by ILCU. This was the first abuse of dominance case brought by the Competition Authority to go to a full hearing, the first to be appealed to the Supreme Court and the first Irish case under EC Regulation 1/2003. The judgment clarified a number of important issues. The case raised a number of economic issues, which are of interest in the context of the debate on the need for a more economics based approach to Article 82. It has led to some significant innovations in the hearing of competition cases by the Irish courts.
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Ditslear, Corey, and Lawrence Baum. "Selection of Law Clerks and Polarization in the U.S. Supreme Court." Journal of Politics 63, no. 3 (August 2001): 869–85. http://dx.doi.org/10.1111/0022-3816.00091.
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