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Journal articles on the topic 'Full litigation'

Author: Grafiati

Published: 8 June 2024

Last updated: 31 July 2025

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1

Liang, Zheni. "Research on Procuratorial Organs Bringing Environmental Public Interest Litigation." Asian Social Science 15, no. 4 (2019): 108. http://dx.doi.org/10.5539/ass.v15n4p108.

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The procuratorial organ is a state supervisory authority and has the power of legal supervision. Giving the procuratorial organs the qualifications for public interest litigation not only has a theoretical basis but also a realistic basis, which helps to solve the problem of difficult evidence collection and high litigation costs in environmental public interest litigation. In the civil environmental public interest litigation, the procuratorate has the dual status of the plaintiff and the legal supervisor, and will not naturally conflict with each other. However, due to the special nature of

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Watters, Andrew G. "Full spectrum litigator: A TeX-themed workflow for a small litigation law firm." TUGboat 45, no. 2 (2024): 264–68. http://dx.doi.org/10.47397/tb/45-2/tb140watters-litigator.

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Gustavo, H. Marin, Marin Lupe, Agüero Daniel, Marin Gina, Pagnotta Mariana, and Blanco Luis. "Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis." Journal of Clinical Cases & Reports 3, S3 (2020): 14–19. http://dx.doi.org/10.46619/joccr.2020.3.s3-1004.

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INTRODUCTION The objective of this work is to analyze the characteristics of litigation for access to health’s goods and services in the Social Health Insurance (SHI) of Buenos Aires, Argentina. METHOD Descriptive study with analytical stage, performed in SHI, analyzing litigation done by beneficiaries along 15-years period to obtain goods or service from health managers. Variables explored were: Reason for litigation, delay time in case resolution, final result of judicial sentence, judges, lawyers and intervening professionals, income level of beneficiaries who started the litigation. RESULT

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C, Markandan. "Tanjore Litigation in Poruppu Novel." Maayan International Journal of Tamil Research (MIJTR) 4, no. 2 (2024): 1–7. https://doi.org/10.5281/zenodo.11632903.

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Human life is full of language. The movements of life give rise to various changes and formations in language. In this way, Tanjore Local Case Words, Proverbs, Rituals, Beliefs found in the novel can be known. All manners of life are devised and put into practice by man. Such norms are created and observed by man in various situations. Morals of life are those that arise out of the multifaceted expression of human emotions. To examine how the novel in charge of such norms of life has recorded the Ritualistic Life of the people of Tanjore is the primary objective.

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McVige, Jennifer, Dilpreet Kaur, Michael Lillis, Brianna Albert, and Kabir Jalal. "Concussion and Court: The Role Litigation Plays in Time to Recovery." Neurology 93, no. 14 Supplement 1 (2019): S17.1—S17. http://dx.doi.org/10.1212/01.wnl.0000580988.68918.bf.

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ObjectiveTo evaluate whether there is a difference in time to recovery (TTR) between concussion patients who have and have not pursued litigation post injury, and determine what factors might influence someone’s decision to litigate.BackgroundAn investigation on how litigation influenced TTR in all types of recovery.Design/MethodsA retrospective study of 851 adult and pediatric patients, ages 1–78 (333men and 518 women) in a concussion clinic. Injuries included, motor vehicle accidents MVA (n = 181), falls (n = 140), assaults (n = 36), sporting injuries (n = 378) and other (n = 116). Full and

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Fattaah, Abdul. "Mediasi dalam Perspektif Teori Penegakan Hukum Goldstein." WELFARE STATE Jurnal Hukum 2, no. 1 (2023): 1–18. http://dx.doi.org/10.56013/welfarestate.v2i1.2061.

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Law enforcement is basically divided into two types, litigation and non-litigation. Law enforcement by means of litigation is defined as law enforcement within the court mechanism, while for non-litigation it is considered as law enforcement outside the court. Currently, there is a shift in perspective from the public who are starting to resolve their legal issues in a non-litigation way, namely mediation. Goldstein's Law Enforcement Theory offers three types of law enforcement. The question then is what is meant by Goldstein's Law Enforcement Theory and mediation seen from the perspective of

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Ostafiichuk, L. A. "COMPLETE RECORDING OF COURT BY TECHNICAL MEANS: LEGAL REGULATION, CONTENT AND FUNCTIONS." Actual problems of native jurisprudence 4, no. 4 (2021): 104–13. http://dx.doi.org/10.15421/392189.

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The article is devoted to the study of the principle of full fixation of the trial by technical means in the procedural legislation of Ukraine using an interdisciplinary approach. It was found that with the exception of the Code of Ukraine on Administrative Offenses, all current procedural codes of Ukraine contain provisions which establishes the obligation of means using the full recording of the trial court including those of the product of the recording – record the court hearing made by technical means. In the commercial, administrative and civil proceedings kinds trial recording can take

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Schlanger, Margo. "The Civil Rights Litigation Clearinghouse: Origins and Goals." KULA: Knowledge Creation, Dissemination, and Preservation Studies 2 (November 29, 2018): 16. http://dx.doi.org/10.5334/kula.40.

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The Civil Rights Litigation Clearinghouse (http://clearinghouse.net) solves a significant information deficit related to civil rights litigation by posting information about thousands of ongoing and closed large-scale civil rights cases. Documents are OCR’d and searchable; cases are searchable by metadata tags as well as full-text searching. Each case has a litigation summary by a law student. We live in a civil rights era—a time when people are using the courts, among other strategies, to fight for civil rights. The Clearinghouse posts the records of those fights, the stories of civil rights

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Jang, Hwijin. "Administrative litigation system and structure in the Russian Federation." Korean Administrative Law Association 24 (March 30, 2023): 263–311. http://dx.doi.org/10.59826/kdps.2023.24.263.

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This paper provides a comprehensive analysis of Russian administrative litigation, incorporating legislation, case law, and academic scholarship, in order to introduce the system and structure of administrative litigation in the Russian Federation. Indeed, the structure of legal relationships in Russian administrative law is completely different from that in South Korea's administrative law, so there are many aspects that can be compared between Russian administrative litigation law and South Korea's administrative litigation law. Moreover, since administrative litigation law in all countries

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Lee, Chan Yang. "Full digitization of litigation records and blockchain among next-generation electronic litigation - From the point of view of privacy -." Northeast Asian law journal 16, no. 2 (2022): 185–217. http://dx.doi.org/10.19035/nal.2022.16.2.8.

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Roma, Paolo, Federica Ricci, Georgios D. Kotzalidis, et al. "MMPI-2 in Child Custody Litigation." European Journal of Psychological Assessment 30, no. 2 (2014): 110–16. http://dx.doi.org/10.1027/1015-5759/a000192.

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In recent years, several studies have addressed the issue of positive self-presentation bias in assessing parents involved in postdivorce child custody litigations. The Minnesota Multiphasic Personality Inventory-2 (MMPI-2) is widely used in forensic assessments and is able to evaluate positive self-presentation through its Superlative Self-Presentation S scale. We investigated the existence of a gender effect on positive self-presentation bias in an Italian sample of parents involved in court evaluation. Participants were 391 divorced parents who completed the full 567-item Minnesota Multipha

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BAĞRIAÇIK, Ahmet, and M. Ayhan TEKİNSOY. "THE TIME OF LITIGATION IN ADMINISTRATIVE JURISDICTION SPECIFIC TO FULL REMEDY ACTION." Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 26, no. 3 (2022): 0. http://dx.doi.org/10.34246/ahbvuhfd.1118906.

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Genel olarak dava açma süresi, doktrinde defalarca incelenmiş konuların başında olmasına rağmen tam yargı davası özelinde dava açma süresiyle ilgili tartışmalar, bu kurumun anlamının, öneminin, hukuksal niteliğinin, etki ve sonuçlarının ne olduğunun açıklığa kavuşmamış olmasından kaynaklanmamaktadır. Problemin sebebi, dava açma süresinin idari yargıya anlamını veren ve özellik gösteren iptal davası özelinde düşünülmesidir. Ayrıca idari yargıda dava açma süreleri kısadır. Dava açma süresinin uzun olmasının, mahkemelerin iş yükünü artıracağı, sürekli dava tehdidinin idarenin istikrarını bozacağı

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Polinsky, A. Mitchell, and Steven Shavell. "Subrogation and the Theory of Insurance When Suits Can Be Brought for Losses Suffered." Journal of Law, Economics, and Organization 34, no. 4 (2018): 619–49. http://dx.doi.org/10.1093/jleo/ewy008.

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Abstract The theory of insurance is considered here when an insured individual may be able to sue another party for the losses that the insured suffered—and thus when an insured has a potential source of compensation in addition to insurance coverage. Insurance policies reflect this possibility through so-called subrogation provisions that give insurers the right to step into the shoes of insureds and to bring suits against injurers. In a basic case, the optimal subrogation provisions involve full retention by the insurer of the proceeds from a successful suit and the pursuit of all positive e

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Chaisse, Julien, and Xu Qian. "Conservative Innovation: The Ambiguities of the China International Commercial Court." AJIL Unbound 115 (2021): 17–21. http://dx.doi.org/10.1017/aju.2020.81.

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In the global development of new international commercial dispute resolution centers, the China International Commercial Court (CICC) represents a genuine innovation in China's legal history. The CICC aims to become a dispute resolution “one stop shop” (combining litigation, arbitration, and mediation) for Belt and Road Initiative (BRI) related disputes. Despite its name and ambition, however, the CICC operates more like a domestic court. The CICC's stringent jurisdictional requirements and conservative institutional design show that the CICC cannot serve its stated objective of attracting new

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Jin, Fengliang. "On the environmental civil public interest litigation system for the protection of the climate in China: Comments on two cases from a pragmatism perspective." Journal of World Energy Law & Business 14, no. 1 (2021): 17–24. http://dx.doi.org/10.1093/jwelb/jwab006.

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Abstract This article examines and analyses the environmental civil public interest litigation system in the protection of climate change in China through two cases, the All-China Environment Protection Federation v Zhenhua Co, Ltd for air pollution and Friends of Nature v State Grid Gansu Electric Power Corporation for full-purchase of all on-grid power produced by renewable energy.

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Solvang, Ole. "Chechnya and the European Court of Human Rights: The merits of Strategic Litigation." Security and Human Rights 19, no. 3 (2008): 208–19. http://dx.doi.org/10.1163/187502308785851859.

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AbstractIn May 1998, eighteen months before the start of the second war in Chechnya, Russia ratified the European Convention on Human Rights, thereby granting the European Court of Human Rights (ECHR) jurisdiction to hear complaints against the Russian authorities from Russian citizens. When the second war in Chechnya started in December 1999, therefore, human rights organizations had access to a new potentially powerful tool with which to fight human rights abuses in Chechnya: the European Court of Human Rights. Several litigation projects emerged and hundreds of complaints have been filed fr

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Nasrudin, N. "UPAYA PENYELESAIAN SENGKETA PADA SEKTOR BISNIS PARIWISATA DI TENGAH PANDEMI COVID 19." ADLIYA: Jurnal Hukum dan Kemanusiaan 14, no. 1 (2020): 81–100. http://dx.doi.org/10.15575/adliya.v14i1.8564.

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Tourism is one of the new style industries, which is able to provide rapid economic growth in terms of employment opportunities, income, standard of living and in activating other production sectors in tourist-receiving countries. While business is an activity to make a profit. In running a business, sometimes there are disputes between business actors and other business actors. Sometimes disputes that occur are due to a party defaulting and the other party feels disadvantaged. Broadly speaking, in Indonesia there are two pathways to resolve disputes namely litigation and non-litigation. The L

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Br. Tarigan, Agita Justisia, and I. Gusti Agung Mas Rwa Jayantiari. "Legal Protection for Depositor Customers in Digital Banks Against Cyber Crimes in the Banking Sector." West Science Interdisciplinary Studies 3, no. 03 (2025): 443–54. https://doi.org/10.58812/vjcwaf87.

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The full use of technology in running a digital bank makes things easier for customers but is vulnerable to cybercrime in the banking sector which can harm customers. This research places the main focus on forms of legal protection efforts for customers who deposit at digital banks against the occurrence of cybercrime in the banking sector. Legal problems, namely regarding the legal relationship between deposit customers and digital banks in banking sector cyber crime issues as well as legal protection efforts for deposit customers in digital banks in banking sector cyber crime issues. The typ

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Dr., Dishant Dinesh Oswal, Abhijit Chintamani Mahajan Dr., and Pramod Vasant Lokhande Dr. "Management of Cauda Equina Syndrome by Full Endoscopic Interlaminar Decompression : A Case Report." International Journal of Innovative Science and Research Technology 8, no. 5 (2023): 76–76. https://doi.org/10.5281/zenodo.7922775.

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Cauda equina syndrome (CES) is a rare condition that occurs most frequently as a result of a large central lumbar disc herniation, prolapse or sequestration. It is a serious medical emergency that requires prompt diagnosis and treatment by a suitably experienced surgeon. On presentation, around 50-70% of patients with CES have urinary retention (CES-R), while 30-50% have an incomplete syndrome (CES-I). To start with, patients present with motor weakness and sensory deficit. The latter group, especially if the history is less than a few days, usually requires emergency MRI to confirm the diagno

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Han, Ziqiang, and Hao Gong. "STUDY ON CIVIL LITIGATION PSYCHOLOGY AND LEGAL IDENTITY FROM THE PERSPECTIVE OF EMOTIONAL BEHAVIOR REGULATION." International Journal of Neuropsychopharmacology 25, Supplement_1 (2022): A109—A110. http://dx.doi.org/10.1093/ijnp/pyac032.147.

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Abstract Background With the expansion of social communication, people's behavior has been given greater social significance. The behavior choices of strangers are directly controlled by their own psychology. Therefore, it is necessary to analyze people's external behavior from a psychological perspective. With the popularization of this technology, its application field is more and more widely used in civil litigation in addition to crime detection. Followed by the debate about whether the psychological test conclusion can be used as evidence in civil litigation. Since the 19th century, the d

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Purwantono, Eko, and Dewi Astutty Mochtar. "Responsibilities of Prosecutors in Resolving Civil Disputes through Non-Litigation Mechanisms." International Journal of Research in Social Science and Humanities 06, no. 02 (2025): 13–18. https://doi.org/10.47505/ijrss.2025.2.3.

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Alternative Dispute Resolution (ADR), or dispute resolution outside of litigation, has increasingly developed as an efficient solution, avoiding time-consuming and costly court procedures. ADR, such as arbitration, offers a win-win solution that is more beneficial for the disputing parties. In the context of State-Owned Enterprises (BUMN), which play a crucial role in the national economy, dispute resolution often requires quick and precise intervention. The State Attorney (Jaksa Pengacara Negara, JPN) has authority in civil and administrative law matters, allowing them to handle disputes outs

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Abida, Hassan. "Dispute Resolution Practices in USA, Australia and UK/EU." Global Social Sciences Review 4, no. 1 (2019): 373–79. https://doi.org/10.31703/gssr.2019(IV-I).48.

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The research aims to highlight and discuss the different modes of settlement of disputes in today's populated and overcrowded societies. The research has shown that due to expensive, time consuming and rigid process of formal justice system (court litigation) USA, Australia, UK and even European Union countries have preferred informal justice system (Alternative Dispute Resolution) for disputants to opt for their solutions. The informal dispute resolution system (Alternative Dispute Resolution) prevailing in modern countries like USA, Australia and UK is full of benefits and most probably

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Boulton, Thomas Jason, and Terry D. Nixon. "The litigation of tax benefit preservation plans." Managerial Finance 43, no. 1 (2017): 76–94. http://dx.doi.org/10.1108/mf-12-2015-0322.

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Purpose The authors study the shareholder wealth effects of the adoption and subsequent litigation confirming the validity of shareholder right plans that are enacted to protect a firm’s net operating loss (NOL) carry forwards (tax benefit preservation plans (TBPPs)). The purpose of this paper is to expand the understanding of nontraditional shareholder rights plans, which are becoming increasingly more common. Design/methodology/approach This paper considers abnormal returns around TBPP adoptions and Delaware Court rulings that validated their use. The authors study 118 plans adopted between

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현, 낙희. "미국의 약식판결제도에 관한 연구". Korea Association of the Law of Civil Procedure 27, № 1 (2023): 235–85. http://dx.doi.org/10.30639/cp.2023.2.27.1.235.

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The right to speedy trial in civil litigation is a fundamental right stipulated in the Article 27 Section 3 of the Constitution of Korea. In this respect, the Article 199 of the Korean Civil Procedure Code prescribes that in each instance, judgment shall be rendered within 5 month from its commencement. Yet, Article 199 has long been regard as a directory provision, and especially during the recent years delay in civil cases has become a serious problem. Since 2017, the median time from filing to disposition has increased every year, and what is worse is that the number of prolonged cases pend

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Damayanti, Arisma, Firdatul Halimah, Reva Khoirotul Ramadhani, Tabita Vasya Nurin N, Ulfa Khusnul Ambarwati, and Zami Salsabela. "ALTERNATIF PENYELESAIAN SENGKETA (APS)." Jurnal Ekshis 3, no. 1 (2025): 95–111. https://doi.org/10.59548/je.v3i1.361.

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Humans, as social beings, are often involved in legal relationships that may lead to disputes. To resolve such conflicts peacefully, Alternative Dispute Resolution (ADR) offers a non-litigation solution that is more efficient and cooperative. In Indonesia, although peaceful settlement has existed within traditional practices, the development of ADR has progressed more rapidly in Western countries. This study employs a descriptive qualitative approach through literature review to examine ADR mechanisms in resolving contractual disputes. Such disputes arise from violations of contractual rights

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Cornell, Robert M., Anne M. Magro, and Rick C. Warne. "Understanding investors’ propensity to litigate." Journal of Applied Accounting Research 18, no. 3 (2017): 317–40. http://dx.doi.org/10.1108/jaar-04-2016-0036.

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Purpose The purpose of this paper is to examine investors’ propensity to litigate when harmful events occur subsequent to accounting choices. Consistent with Culpable Control Theory, the authors find that investors are more likely to pursue litigation against management when managers are perceived to have more financial reporting flexibility, such as when they apply imprecise, principles-based accounting guidance. Investors are more likely to pursue litigation when they find management more responsible for harmful events, and they find management more responsible for those events when they per

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Delaney, Danielle. "Under Coyote’s Mask: Environmental Law, Indigenous Identity, and #NoDAPL." Michigan Journal of Race & Law, no. 24.2 (2019): 299. http://dx.doi.org/10.36643/mjrl.24.2.under.

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This Article studies the relationship between the three main lawsuits filed by the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, and the Yankton Sioux Tribe against the Dakota Access Pipeline (DaPL) and the mass protests launched from the Sacred Stone and Oceti Sakowin protest camps. The use of environmental law as the primary legal mechanism to challenge the construction of the pipeline distorted the indigenous demand for justice as U.S. federal law is incapable of seeing the full depth of the indigenous worldview supporting their challenge. Indigenous activists constantly re-cen

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Han, Choongsoo. "Generalization of Electronic Litigation and the Future of Evidence Law." Korea Association of the Law of Civil Procedure 28, no. 1 (2024): 125–64. http://dx.doi.org/10.30639/cp.2024.2.28.1.125.

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The introduction of a new system through the enactment of a special law is very likely to cause conflict with the existing civil procedure law order. It is questionable whether phrases such as reading, listening, and viewing stipulated in the Korean Code of the Use Of Electronic Documents In Civil Litigations(hereafter KCUED) are still only adding to confusion. Moreover, the hierarchy between law and rules is broken down, so a reversal phenomenon in which rules determine the content of law is not uncommon. I think it is necessary to converge the KCUED to the KCCP. Furthermore, it will be neces

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Christman, Ben, and Malcolm Combe. "Funding Civil Justice in Scotland: Full Cost Recovery, at What Cost to Justice?" Edinburgh Law Review 24, no. 1 (2020): 49–73. http://dx.doi.org/10.3366/elr.2020.0599.

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In Scotland, there has been an increasing trend for the costs associated with the administration of civil justice to be met by the users of the court system. Such a policy can broadly be referred to as “full cost recovery”. A recent Scottish Government consultation on court fees uncritically continued with this overall approach, but various consultees nevertheless took the opportunity to critique full cost recovery in the context of that consultation and more generally. This article takes up that analysis, in a manner that should also be of interest to non-Scottish readers who may be contendin

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Nikolenko, L. "Electronic justice as a way to increase the efficiency of judicial proceedings." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 338–41. http://dx.doi.org/10.24144/2307-3322.2022.71.57.

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The article examines the issues of e-justice as a way to increase the efficiency of litigation. The development of the legislation regulating e-justice is analyzed. It is emphasized that the essence and importance of the use of information technology is due to the transformation of their role in the development of the rule of law, civil society and in the protection of the rights and interests of individuals and legal entities. The processes of obtaining, acquainting and transmitting legal information play a key role in the implementation and realization of their tasks in any branch of l

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Sufiarina, Sufiarina, Nizamuddin Alias, Yayan Sopyan, and Enijaya Enijaya. "The Authority Analysis of Non-Legal Entity Organization and Opportunities for Dispute Resolution Through Litigation." Jurnal Hukum dan Peradilan 13, no. 3 (2024): 635. https://doi.org/10.25216/jhp.13.3.2024.635-662.

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Article 28 of the Indonesian Constitution is formulated to guarantee the freedom of associations and assembly, including the formation of community organizations (ormas). Ormas holding legal entity status are accommodated under associations, while non-legal entity ormas can still register but do not have the same status. The distinction between ormas and associations lies in their legal recognition. Associations possess legal entity status, while ormas are considered non-legal entities. According to Article 20 of Law No. 17 of 2013, ormas have the right to cooperate with other entities to deve

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Benjamin, Paul. "An elusive pursuit: Challenging invalid dismissals – then and now." Acta Juridica 2024 (2024): 32–54. https://doi.org/10.47348/acta/2024/a2.

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The independent trade union movement that emerged from the 1973 Durban strikes developed legal strategies to protect their members, who were primarily African workers excluded from participation under the Industrial Conciliation Act 28 of 1956. Chief among these strategies was the institution of litigation seeking to nullify dismissals that violated statutory victimisation provisions in those laws that covered African workers. The apartheid-era bench was largely hostile to this approach, and it was not until the 1982 full bench decision in National Union of Textile Workers v Stag Packings that

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Inez, Indira Budi, Suraji, and Sri Ciptorukmi Nugraheni Anjar. "Legal Protection for Landowner Due To Phased Payment System in Land Transaction." International Journal of Social Science and Human Research 07, no. 12 (2024): 9563–67. https://doi.org/10.5281/zenodo.14583249.

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The practice of phased payment system in land transaction creates uncertainty for landowner because the land has been controlled by the buyer but the landowner has not yet received the full payment of the land. This research analyzes the legal protection for landowner due to this practice through the legal protection theory by Moch. Isnaeni. This legal research uses empirical research with a qualitative approach. The types and sources of data used are primary and secondary data. Data collection techniques used are field studies and literature studies. Data analysis techniques used is interacti

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Pane, Giorgia. "Litigating the Climate between National and International Human Rights Regimes." International Community Law Review 26, no. 6 (2024): 531–49. http://dx.doi.org/10.1163/18719732-bja10130.

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Abstract This paper identifies the architecture of the justiciability of the right to a healthy environment, analysing the contribution of national and international regimes in climate litigation. It argues that neither the former nor the latter alone can currently offer a fully implementable set of remedies to the catastrophic consequences of environmental degradation. In all the cases, collectiveness is a parameter that needs to be taken into consideration, and which is shaping the way most of successful environmental claims are framed. This calls for a reflection on what courts can contribu

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Murray, Daragh. "Using Human Rights Law to Inform States' Decisions to Deploy AI." AJIL Unbound 114 (2020): 158–62. http://dx.doi.org/10.1017/aju.2020.30.

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States are investing heavily in artificial intelligence (AI) technology, and are actively incorporating AI tools across the full spectrum of their decision-making processes. However, AI tools are currently deployed without a full understanding of their impact on individuals or society, and in the absence of effective domestic or international regulatory frameworks. Although this haste to deploy is understandable given AI's significant potential, it is unsatisfactory. The inappropriate deployment of AI technologies risks litigation, public backlash, and harm to human rights. In turn, this is li

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Caetano, Rosângela, Ione Ayala Gualandi de Oliveira, Lívia Teixeira de Mattos, Patrícia Krauze, and Claudia Garcia Serpa Osorio-de-Castro. "Analysis of right-to-health litigation involving high-cost medicines in Brazil: a scoping review protocol." Research, Society and Development 11, no. 15 (2022): e550111537584. http://dx.doi.org/10.33448/rsd-v11i15.37584.

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Many studies investigating right to health litigation involving medicines mention “high-cost medicines”. However, detailed data on the characteristics of legal claims for these drugs and their share in terms of volume and spending in right to health litigation involving medicines is scarce. This paper presents a protocol for a scoping review that seeks to determine the profile of legal claims for high-cost medicines in Brazil and calculate the volume of purchases and amount spent on these drugs as a share of overall volume and spending related to right to health litigation involving medicines.

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I Nyoman Kerthia Wahyudi, I Nyoman Putu Budiartha, and Ni Made Puspasutari Ujianti. "Perlindungan Hukum terhadap Konsumen Akibat Cacat Produk pada Saat Produksi Ditinjau dari Undang – Undang No. 8 Tahun 1999." Jurnal Interpretasi Hukum 3, no. 1 (2022): 89–94. http://dx.doi.org/10.22225/juinhum.3.1.4644.89-94.

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Lack of supervision and accuracy from the authorized body causes the circulation of defective products to the market. Defective products are products that are not fit for consumption and do not provide safety requirements for consumers. To meet market demand for high-quality products, products are often not looked after properly, as a result, defective products are often encountered. Consumers often do not get full responsibility from businesses regarding traded defective products. Thus, this study aims to discuss legal remedies that can be taken by consumers against defective products and ana

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Eckes, Christina. "Strategic Climate Litigation before National Courts: Can European Union Law be used as a Shield?" German Law Journal 25, no. 6 (2024): 1022–42. https://doi.org/10.1017/glj.2024.54.

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AbstractThe climate emergency is unfolding. Efforts to reduced greenhouse gas emissions globally, including the efforts of the European Union and the Member States, are severely insufficient to hold global warming below the 1.5°C temperature limit. In light of this public institutional failure, civil society actors increasingly resort to strategic climate litigation. However, the EU has very restrictive standing requirements for direct actions against general acts. Therefore, most strategic climate litigation is brought to national courts. In 2023 and 2024, national judges have in several case

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Ma, Yun. "Vindicating environmental public interests in China: A balanced approach to institutional interaction in public interest litigation system." Environmental Law Review 21, no. 4 (2019): 269–91. http://dx.doi.org/10.1177/1461452919881342.

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Along with the adoption of environmental public interest litigation (EPIL) in China, the configuration among civil society, administrative, procuratorial and judicial powers is reshaped and transformed. With various actors brought to the public interest ground, the conventional role of governments as a public interest defender through law enforcement activities is distorted. This, on the one hand, spurs and supplements insufficient government enforcement of environmental law, and on the other hand poses the danger of supplanting government enforcement, crowding out statutory responsibilities f

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Ma, Yun, and Wenzhen Shi. "Procuratorates at the crossroad: performance, controversies and prospects of procuratorial EPIL in China." Asia Pacific Journal of Environmental Law 25, no. 2 (2023): 179–209. http://dx.doi.org/10.4337/apjel.2022.02.03.

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Procuratorial environmental public interest litigation (EPIL) has shown its vitality in addressing environmental concerns through the channel of PIL and gained momentum in the nation’s agenda-setting. Procuratorial activism is signalled and revealed by mobilizing procuratorates at all levels, activating PIL in all types of litigation, seeking breakthroughs in new fields, and replacing the role of gap-filling with a paramount one in practice. It is noteworthy that the efficacy of procuratorial EPIL may be discounted due to its cherry-picking feature in case screening. Caution should be placed a

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Liang, Yandan. "Research on "Impeding" in Pre-litigation conduct preservation provision of the Copyright Law." Journal of Education, Humanities and Social Sciences 11 (April 20, 2023): 36–41. http://dx.doi.org/10.54097/ehss.v11i.7496.

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Article 56 of the current Copyright Law provides for the preservation of pre-litigation acts. Compared with Article 50 of the Copyright Law before the amendment, the main modification lies in the increase of the applicable circumstances of "Impeding the realization of its rights". This amendment extends the scope of application of pre-litigation copyright protection to the acts that impeding copyright owners from realizing their rights. However, the current law, relevant regulations and judicial interpretations do not provide for the meaning of "Impeding", and there is little discussion in the

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Nugroho, Muhammad Kelvin Adi, and Krisnadi Nasution. "Perlindungan Hukum Bagi Pengguna Game Online Dirugikan Karena Tutupnya Sistem Elektronik Game Online Di Indonesia Secara Sepihak." Journal Evidence Of Law 4, no. 1 (2025): 44–50. https://doi.org/10.59066/jel.v4i1.958.

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With the growing popularity of online games in Indonesia, numerous players purchase virtual items within these games. This study focuses on two primary objectives. First, it seeks to analyze the legal protection available to online game players in Indonesia against the unilateral shutdown of game servers by Electronic System Providers, as regulated under Article 1694 of the Civil Code. If an online game server is closed unilaterally, virtual items owned by players, considered akin to goods, may be affected. Second, the study aims to explore solutions for addressing losses incurred by players d

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Caldeira, Gregory A., and John R. Wright. "Organized Interests and Agenda Setting in the U.S. Supreme Court." American Political Science Review 82, no. 4 (1988): 1109–27. http://dx.doi.org/10.2307/1961752.

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Participation as amicus curiae has long been an important tactic of organized interests in litigation before the U.S. Supreme Court. We analyze amicus curiae briefs filed before the decision on certiorari and assess their impact on the Court's selection of a plenary docket. We hypothesize that one or more briefs advocating or opposing certiorari increase the likelihood of its being granted. We test this hypothesis using data from the United States Reports and Briefs and Records of the United States Supreme Court for the 1982 term. The statistical analysis demonstrates that the presence of amic

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Kopsen, Hugh P. K., and Robyn Carroll. "The Importance of Full and Frank Disclosure in Family Law Financial Proceedings and the Many Consequences of Non-Disclosure." Federal Law Review 45, no. 1 (2017): 97–125. http://dx.doi.org/10.1177/0067205x1704500105.

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This article examines the duty of full and frank disclosure of parties to family law financial proceedings in Australia, and the potential consequences of failure to comply with this fundamental obligation. The duty is briefly compared and contrasted with disclosure requirements in civil litigation and criminal proceedings to demonstrate the uniqueness of the family law position. The rationale and content of the duty is considered in light of recent cases including the High Court decisions of Stanford v Stanford (2012) 247 CLR 108 and Hall v Hall (2016) 257 CLR 490. The article presents a thre

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Lazowski, Adam. "Half full and half empty glass: The application of EU law in Poland (20042010)." Common Market Law Review 48, Issue 2 (2011): 503–53. http://dx.doi.org/10.54648/cola2011021.

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Poland joined the European Union on 1 May 2004 and the first wave of EU-related litigation reached the Polish courts soon after. The question that this article tries to answer is whether Polish judges are willing and able to serve as EU judges and give EU law effect. The emerging picture is mixed. On the one hand, there is a growing volume of court decisions calling for praise, on the other hand some decisions are not exactly the finest hour of the Polish judiciary. The article starts with an overview of EU-related judgments of the Polish Constitutional Tribunal. It then turns to the applicati

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Ochsman, Robert B., Hope E. Johnson, Celestine Kiss, Michele R. Marut, Jonathan Midgett, and Timothy P. Smith. "Human Factors at the U.S. Consumer Product Safety Commission." Proceedings of the Human Factors and Ergonomics Society Annual Meeting 46, no. 6 (2002): 692–94. http://dx.doi.org/10.1177/154193120204600602.

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The Human Factors Division at the U.S. Consumer Product Safety Commission is an eclectic group, reflecting the multidisciplinary demands typically made upon an HF organization. The objective in these five presentations is to paint a picture of the full spectrum of human factors practiced in this unique government regulatory agency. The participants will each describe their work and illustrate the day-to-day characteristics of their human factors analyses. The range of discussions will address the overlay and integration of professional practice into policy, the regulatory environment, litigati

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Simona Grossi. "THE CLAIM AND THE RELIEF: REVEALING MISCONCEPTIONS AND MISSTEPS IN THE U.S. SUPREME COURT’S JURISPRUDENCE FOR §1983 ACTIONS AND BLACK LIVES MATTER." Columbia Journal of Race and Law 14, no. 1 (2024): 930–76. http://dx.doi.org/10.52214/cjrl.v14i1.12890.

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This article explores the persistent challenges in addressing police brutality through civil rights litigation, focusing on the limitations imposed by federal jurisdiction and justiciability doctrines post-Lyons. It argues that the Supreme Court's approach, which conflates jurisdictional inquiries with procedural or remedial ones, has significantly hindered access to justice for plaintiffs seeking to vindicate their constitutional rights under §1983. By examining the foundational jurisdictional and procedural principles at stake, the article reveals the Court's missteps and suggests ways to di

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Netolitzky, Donald J., and Richard Warman. "As the Water Grinds the Stone: Comparison of Represented and Self-represented Appellant Populations in the Federal Court of Appeal." Windsor Yearbook of Access to Justice 37, no. 1 (2022): 206–59. http://dx.doi.org/10.22329/wyaj.v37i1.7195.

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This article reports a quantitative and statistically reliable population investigation of 552 Federal Court of Appeal proceedings that were appeals by represented and self-represented appellants who, in 2016 or 2017, appealed decisions of the Federal Court or Tax Court of Canada. Appeals by the Crown, non-Crown represented appellants, and self-represented appellants exhibited markedly different frequencies at which appeals were granted, and patterns for how appeals were terminated. Nearly half of Crown appeals were granted, but less than one in twenty self-represented appellants had any degre

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Aiyetoro, Adjoa A., and Adrienne D. Davis. "Historic and Modern Social Movements for Reparations: The National Coalition of Blacks for Reparations in America (N’COBRA) And Its Antecedents." Texas Wesleyan Law Review 16, no. 4 (2010): 687–766. http://dx.doi.org/10.37419/twlr.v16.i4.8.

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Part I of this Article offers an introduction to some of the historical individuals and institutions who were the principal early advocates for Black reparations. While many have contributed to the struggle for racial reparations, the Essay focuses on activists who devoted significant effort to the cause; conceived of their vision in the language of reparations, i.e., recompense for slavery; and organized institutions or movements to implement their vision. Section II then situates these activists within reparations conceived as a social movement. It also teases out of the history some of the

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Shlobin, Nathan A., Mark Sheldon, and Sandi Lam. "Informed consent in neurosurgery: a systematic review." Neurosurgical Focus 49, no. 5 (2020): E6. http://dx.doi.org/10.3171/2020.8.focus20611.

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OBJECTIVEInformed consent has served as a main principle of medical ethics and laws in the United States. The 1986 American Association of Neurological Surgeons Code of Ethics implied medicolegal liability for the failure to obtain informed consent without providing practical guidance regarding the application of informed consent to individual patient encounters in a medicolegal environment. Here, the authors aimed to identify baseline patient recall after discussions with neurosurgeons and their capacity to provide informed consent, describe the effects of interventions to improve patient com

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