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Journal articles on the topic 'Lawyers Civil rights'
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1
Sladič, Jorg. "Professional secrecy and legal professional privilege." Maastricht Journal of European and Comparative Law 25, no. 2 (2018): 188–207. http://dx.doi.org/10.1177/1023263x18773680.
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Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.
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Монастирська, В. Ю. "LEGAL PRINCIPLES OF ATTORNEY’S PARTICIPATION IN INTERNATIONAL COOPERATION DURING CRIMINAL PROCEEDINGS." Juridical science, no. 1(103) (February 19, 2020): 374–83. http://dx.doi.org/10.32844/2222-5374-2020-103-1.46.
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The legal basis for the participation of a lawyer in international cooperation in criminal proceedings are international standards based on the provisions of international legal acts on human rights and freedoms and the implementation of criminal justice, guaranteeing the right to defense and the functioning of the bar. The view is supported that international legal acts regulating the activities of the bar can be divided into several groups, namely: international legal acts that ensure the realization of human and civil rights and freedoms of a general nature; international legal acts guaranteeing the realization of human and civil rights and freedoms of a special nature; international legal acts establishing general principles for the provision of legal aid and the activities of lawyers. A lawyer in criminal proceedings during international cooperation is involved to perform the function of protection in case of certain procedural actions within the framework of international legal assistance, extradition of persons who have committed a criminal offense, the implementation of criminal proceedings subject to its adoption. However, on a general basis, a lawyer in criminal proceedings for the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings has the status of defense counsel. It is concluded that international legal acts provide for the exercise of the right to legal assistance of a lawyer in the implementation of international cooperation in criminal proceedings by: ensuring timely access of the lawyer to the client; confidentiality of the lawyer’s contacts with the client; enshrining in the legislation such a scope of professional rights of a lawyer, which in modern conditions of development of the state and society is sufficient for the effective implementation of legal aid; non-interference in the lawful professional activity of a lawyer, etc. The provisions formed in the scientific article can be used with the participation of lawyers in international cooperation in criminal proceedings in order to ensure human protection in pretrial investigation and judicial institutions, representation, participation in certain procedural actions.
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Carle, Susan D. "Conceptions of Agency in Social Movement Scholarship: Mack on African American Civil Rights Lawyers." Law & Social Inquiry 39, no. 02 (2014): 522–46. http://dx.doi.org/10.1111/lsi.12072.
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This essay examines the theory of individual agency that propels the central thesis in Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer (2012)—namely, that an important yet understudied means by which African American civil rights lawyers changed conceptions of race through their work was through their very performance of the professional role of lawyer. Mack shows that this performance was inevitably fraught with tension and contradiction because African American lawyers were called upon to act both as exemplary representatives of their race and as performers of a professional role that traditionally had been reserved for whites only. Mack focuses especially on the tensions of this role in courtrooms, where African American lawyers were necessarily called upon to act as the equals of white judges, opposing counsel, and witnesses. Mack's thesis, focused on the contradictions and tensions embodied in the performance of a racially loaded identity, reflects the influence of postmodern identity performance theory as articulated by Judith Butler and others. Mack and others belong to a new generation of civil rights history scholars who are asking new questions about contested identities related to race, gender, sexuality, and class. This essay offers an evaluation of this new direction for civil rights scholarship, focusing especially on its implicit normative orientation and what it contributes to the decade‐old debate over how to conceive of agency in social movement scholarship.
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Ladsamyxay, Bounmy. "The Right to Access a Lawyer in Laotian Criminal Law." Asia-Pacific Journal on Human Rights and the Law 16, no. 1-2 (2015): 42–54. http://dx.doi.org/10.1163/15718158-01601004.
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This article aims to analyze the defendants’ right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao pdr complies. This study finds that Lao law is consistent with international law as regards the defendant’s right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.
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Nykytchenko, N. "The legal status of a lawyer in the countries of the European Union." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (2018): 103–7. http://dx.doi.org/10.33531/farplss.2018.4.19.
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This article is devoted to the study of the theoretical and scientific-practical nature of the institution of representation in the EU countries and the development of proposals based on them on improving the legal status of a lawyer in Ukraine, taking into account the best European practice. The place of the advocacy in the modern legal system can be characterized as one of the ways of self-restraint of state power through the creation and functioning of an independent human rights institution that promotes its activities by fulfilling the constitutional function of the state – the realization and protection of human rights and freedoms. The constitutional and legal status allows advocates to participate in ensuring the rights not only of everyone, but of the whole civil society, to implement the human rights function, ensuring the interaction in the activity of the institutional systems of the state and civil society. Since 2012, the advocacy reform has been initiated and brought to the standards of the European Union. However, over 6 years have passed, but no significant positive changes have taken place in this field. Ensuring the constitutional rights and freedoms of citizens still leaves much to be desired. The issue of voluntary admission of lawyers to the National Association of Advocates of Ukraine will be resolved, and so-called "lawyer's monopoly" needs to be substantially revised. Therefore, the review of the grounds, the rules, and the regularity of the prosecution in civil proceedings, which is carried out by the two advocates, needs a substantial improvement. In order to create in Ukraine the model of legal assistance taking into account modern legal frameworks, that is a guarantee of the right of accessibility and effectiveness of judicial protection in civil proceedings.
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Vorob’ev, Artem Viktorovich. "Role of the lawyer community in the law enforcement activity of the state." Current Issues of the State and Law, no. 12 (2019): 487–97. http://dx.doi.org/10.20310/2587-9340-2019-3-12-487-497.
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We consider the importance of advocateship in the process of protecting human rights and freedoms, the interests of organizations, society and the state. We indicate the grounds and circumstances of the provision by lawyers of qualified legal assistance to certain categories of citizens, including on a non-refundable basis. We reveal the importance of the professional and business qualities of a lawyer, as a representative of the lawyer community, in providing legal assistance. We pay attention to the high moral, ethical and legal nature of the lawyers activities, in particular, the moral requirements for the lawyer personality; activity in defending the interests of the grantor (client); legal guarantees for the independence of a lawyer and others. Advocateship, as an institution that does not belong to state power, but to civil society, which has such characteristics as autonomy, independence, cor-poratism, self-government, has a significant role in the law enforcement ac-tivity of the state. Envisage to increase the role of the lawyer community in advocacy, to increase the qualifications of lawyer personnel, expand the rights of lawyers in providing legal assistance, and significantly improve the information and technical base. A number of legislative transformations to increase the effective functioning of the lawyer community, enhancing the professional advocateship independence of the Russian Federation, can be-come productive only when the state ensures the trust of citizens on the part of the lawyer community, it is also necessary to end impunity in the advocacy sphere, and increase the level of legal order and legality, to strengthen the supervision quality of the rights and freedoms of man and citizen observance institution.
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Галкин, Александр, Aleksandr Galkin, Александр Малько, Aleksander Malko, Александр Каинов, and Aleksandr Kainov. "THE ROLE OF CIVIL SOCIETY IN LAW ENFORCEMENT." Advances in Law Studies 4, no. 4 (2016): 440–43. http://dx.doi.org/10.12737/23094.
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The article investigates is the role of civil society in the implementation of law enforcement. The analysis allowed to identify the role of human rights social organization, religious denominations, Cossack brigades, the media, local authorities, lawyers and notaries in ensuring the protection of rights, freedoms and legitimate interests of citizens and legal entities.
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Osella, Stefano. "“De-gendering” the civil status? A public law problem." International Journal of Constitutional Law 18, no. 2 (2020): 471–75. http://dx.doi.org/10.1093/icon/moaa036.
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Abstract This article raises the problem of the inclusion of gender in the civil status of the person and argues that public lawyers are now called on to understand whether a genderless civil status is constitutionally permissible and desirable. Admittedly, this is not an easy task. Gender categories are deeply rooted in our legal systems. Arguably, they may prove necessary for the achievement of constitutionally grounded public interests and protect fundamental rights, such as equality between men and women. The task that public lawyers are faced with is further complicated by the affirmation of the right to gender recognition based on self-determination, and the inclusion of nonbinary genders in the law. These developments are indeed profoundly transforming the way in which gender is registered and controlled. Importantly, they put in doubt the effectiveness of gender as a criterion of legal categorization.
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Andrews, Kenneth T., and Kay Jowers. "Lawyers and Embedded Legal Activity in the Southern Civil Rights Movement." Law & Policy 40, no. 1 (2018): 10–32. http://dx.doi.org/10.1111/lapo.12096.
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Beljanski, Slobodan. "Lawyer's 'strike': An instrument of pressure or self-destruction." Glasnik Advokatske komore Vojvodine 68, no. 9 (1996): 427–31. http://dx.doi.org/10.5937/gakv9611427b.
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Lawyer's "strike" in Serbia is a new practical instrument of pressure for the protection of professional and economic interests. The author points to the Rawls theory of civil disobedience, considering that the crisis of the legal system and general endangering of freedom and rights, claim from lawyers that their interests should subordinate to interests of citizens and that the protests and discontents should be expressed in other ways, different from the obstruction of their own function and the function of the administration of justice.
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Lichtenstein, Nelson. "Recasting the Movement and Reframing the Law in Risa Goluboff's The Lost Promise of Civil Rights." Law & Social Inquiry 35, no. 01 (2010): 243–60. http://dx.doi.org/10.1111/j.1747-4469.2009.01183.x.
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Risa Goluboff's The Lost Promise of Civil Rights (2007) advances the historiographical idea that a long civil rights movement, beginning well before the mid‐1950s, had a robust and innovative legal dimension. Her study of the Civil Rights Division of the Department of Justice, as well as the National Association for the Advancement of Colored People (NAACP) itself, demonstrates that lawyers in those organizations took guidance from many working‐class clients to successfully deploy a conception of civil rights rooted on the farm and in the factory to challenge the economic and social edifice of Jim Crow, in the North as well as the South.
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Morgan, Sonya, Michael J. Donaldson, and Robert Wood. "Recent Judicial Developments of Interest to Energy Lawyers." Alberta Law Review 52, no. 2 (2015): 417. http://dx.doi.org/10.29173/alr7.
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This article summarizes a number of recent judgments applicable to the energy sector. Topics touched upon include the interpretation of freehold leases, rights of first refusal, farmout and royalty agreements, applicable limitation periods, recent developments in tort and civil procedure, and aboriginal and competition law.
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SYTENKA, Oleksandra, and Yulia MAKARCHUK. "Representation in court in civil cases by lawyer as a representative." Economics. Finances. Law, no. 4/3 (April 29, 2021): 24–27. http://dx.doi.org/10.37634/efp.2021.4(3).5.
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Introduction. The authors note that despite significant changes in the institution of representation, there are many problems in practice, so its research and modernization are relevant now. The right to protection is one of the constitutional human rights. The purpose of the paper is to study the institution of representation by a lawyer in civil proceedings and to clarify the problems that may arise in practice. Results. This paper is devoted to the study of the form of legal assistance by a lawyer through representation. The paper considers the legal aspects of the concept of legal assistance, representation, as well as types of legal services. It should be noted that the paper pays considerable attention to the representation in court in civil cases by a lawyer as a representative. The authors have determined that at present only a lawyer can be a representative who provides legal assistance. Analyzing the information, it has been found out that this is related to the amendments made to the legislation, which aimed at modernization and improvement of the institute of representation in Ukraine. The paper considers different opinions on the concentration of the exercise of the functions of legal assistance by lawyers. It is concluded, that the professional representation is necessary for implementation of the human right to adequate legal assistance. It should be noted that the possibilities of further improvement of the institute of representation through legislative proposals were considered. Conclusion. The authors concluded that the institution of representation has undergone positive changes. In practice, there are some contradictions, so this issue needs further improvement.
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Brown, Sarah H. "The Search for Justice: Lawyers in the Civil Rights Revolution, 1950–1975." Journal of American History 107, no. 1 (2020): 267–68. http://dx.doi.org/10.1093/jahist/jaaa155.
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Hughett, Amanda Bell. "A “Safe Outlet” for Prisoner Discontent: How Prison Grievance Procedures Helped Stymie Prison Organizing During the 1970s." Law & Social Inquiry 44, no. 04 (2019): 893–921. http://dx.doi.org/10.1017/lsi.2018.17.
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This article demonstrates how civil liberties lawyers’ efforts to address the complaints of imprisoned people in the 1970s inadvertently helped provide state attorneys with tools they used to stymie prisoners’ organizing efforts. Using North Carolina as a case study, I explain why a diverse range of legal actors—including civil liberties lawyers, federal judges, and state attorneys—supported the creation of prison grievance procedures. I then reveal how state attorneys successfully used them, once implemented, to argue that because the procedures offered a seemingly fair, institutional avenue for imprisoned people to express their grievances, prison administrators could ban prison organizing without violating prisoners’ First Amendment rights to free speech and assembly. The history of prison grievance procedures, I suggest, highlights the limits of constitutional rights litigation for achieving social change, offers a new approach to the study of legal endogeneity, and helps explain the demise of the prisoners’ rights movement.
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Dotan, Yoav. "Cause lawyers crossing the lines: Patterns of fragmentation and cooperation between state and civil rights lawyers in Israel." International Journal of the Legal Profession 5, no. 2-3 (1998): 193–208. http://dx.doi.org/10.1080/09695958.1998.9960448.
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Amir, Gal, and Na'ama Ben Ze'ev. "Lawyers in transition – Palestinian Arab lawyers in the first decade of the Jewish state." Continuity and Change 35, no. 3 (2020): 371–92. http://dx.doi.org/10.1017/s0268416020000223.
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AbstractThis article traces the careers of 12 Palestinian Arab lawyers who practised law during the last years of the British Mandate in Palestine (1920–1948), and who became Israeli citizens after 1948. The State of Israel made efforts to limit the professional practice of Palestinian lawyers and to supervise them. Yet, despite the pressures, most of them continued their legal practice and became active in the Israeli public sphere. We show that the Palestinian lawyers’ struggle to maintain their practice in Israel was used to assert autonomy for the legal profession, and concurrently, it was perceived as a touchstone for minority civil rights in the state.
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Halme-Tuomisaari, Miia. "Toward Rejuvenated Inspiration with the Unbearable Lightness of Anthropology." AJIL Unbound 115 (2021): 283–88. http://dx.doi.org/10.1017/aju.2021.37.
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How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent anthropological scholarship on international organizations, bureaucracy, and documents, this essay discusses the knowledge practices and legal technicalities that characterize the international community of human rights lawyers. In particular, I reflect on the legal fiction of difference governing UN treaty bodies’ operations and the empirical sameness of participants in different formal categories in the shared community of practice of human rights lawyers. I conclude by suggesting that anthropological insights could significantly enrich our shared understanding of the diverse and subtle effects of human rights monitoring. Simultaneously such insights may offer rejuvenated inspiration for those international lawyers tackling a sense of losing faith in their discipline, both as an influential tool of world improvement and an invigorating intellectual tradition.
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Wilson, Steven H. "Brownover “Other White”: Mexican Americans' Legal Arguments and Litigation Strategy in School Desegregation Lawsuits." Law and History Review 21, no. 1 (2003): 145–94. http://dx.doi.org/10.2307/3595071.
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The landmark 1954 decisionBrown v. Board of Educationhas shaped trial lawyers' approaches to litigating civil rights claims and law professors' approaches to teaching the law's powers and limitations. The court-ordered desegregation of the nation's schools, moreover, inspired subsequent lawsuits by African Americans aimed variously at ending racial distinctions in housing, employment, and voting rights. Litigation to enforce theBrowndecision and similar mandates brought slow but steady progress and inspired members of various other minorities to appropriate the rhetoric, organizing methods, and legal strategy of the African American civil rights struggle.
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Sowter, Deanne M. "Advocacy in Non-Adversarial Family Law: A Recommendation for Revision to the Model Code." Windsor Yearbook of Access to Justice 35 (May 30, 2018): 401–32. http://dx.doi.org/10.22329/wyaj.v35i0.5788.
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Family law is evolving towards non-adversarial dispute resolution processes. As a result, some family lawyers are representing clients who are trying to reach settlements that recognize their interests, instead of just pursuing their legal rights. By responding to the full spectrum of client needs, lawyers are required to behave differently than they do when they are representing a client in a traditional civil litigation file. They consider the emotional and financial consequences of relationship breakdown – things that are not typically within the purview of the family law lawyer. They objectively reality check with their clients, and they approach interest-based negotiations in a client-centric way. These lawyers view their role as that of a non-adversarial advocate, and their clients as whole people with interests that are not just legal. This paper draws on an empirical study involving focus groups with family law lawyers, to argue that the Federation of Law Societies of Canada’sModel Code of Professional Conductneeds to be updated to incorporate non-adversarial advocacy. The lawyers in the study viewed non-adversarial advocacy as being responsive to client needs, and in the interest of clients’ children. This paper draws from the study to establish what constitutes non-adversarial advocacy and then it presents a proposal for revising Rule 5 (Advocacy) of the Model Code.
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Sohn, Louis B. "How American International Lawyers Prepared for the San Francisco Bill of Rights." American Journal of International Law 89, no. 3 (1995): 540–53. http://dx.doi.org/10.2307/2204172.
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Too much has been written lately about the limited approach to human rights at Dumbarton Oaks, the struggle at the San Francisco Conference, and the great flowering of declarations, conventions, covenants and instruments to implement them in the last fifty years. Instead of adding another retelling of these more than twice-told tales, this essay tries to look at the origin of two less known contributions to the law of human rights—the broad nondiscrimination clause which added a more practical meaning to the vague “human rights and fundamental freedoms” phrase; and the bold addition of economic and social rights to the more traditional civil and political rights.
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Morley, J. Gareth. "Trial Lawyers of British Columbia v British Columbia: Section 96 Comes to the Access to Civil Justice Debate." Constitutional Forum / Forum constitutionnel 25, no. 2 (2016): 61. http://dx.doi.org/10.21991/c9t96s.
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You can bemoan or you can celebrate, but you cannot deny that the Canadian Charter of Rights and Freedoms fundamentally changed Canadian criminal procedure. In contrast, until recently, civil proceduralists could confidently ignore constitutional law. All attempts to constitutionalize principles of civil justice had been rebuffed by the courts. That appears to be how the framers of the Charter wanted it. The Legal Rights set out in sections 7 through 14 of the Charter speak of deprivation of “life, liberty and security of the person”, “arrest” and “detention”, being charged with an “offence” or of “punishment and treatment”. Those caught up in the criminal justice system are precisely the kind of unpopular minority the framers thought needed protection from populist majoritarianism. On the other hand, the Charter demonstrates no desire to interfere with the long tradition of provincial autonomy and experimentation with civil justice. As a result, the Court early on decided that even where the Legal Rights are unclear, they do not apply to civil litigation.But the Supreme Court of Canada’s decision in Trial Lawyers Association means that those interested in civil procedure, and its possible reform, can no longer ignore the Constitution without risk. The Court held that a right of access to superior courts is protected by section 96 of the Constitution Act, 1867, as informed by the unwritten principle of the rule of law. British Columbia’s hearing-fee scheme — in place since before Confederation — was held to be unconstitutional because its exemption for the “impoverished” was found not to be wide enough to protect that right for middle-class would-be litigants. This comment will argue that the impact could be significant, since all issues in civil and family procedure can be reconceived in terms of access to courts. Unfortunately, the constitutionalization of civil procedure is unlikely to improve the systemic problems that deny middle class Canadians the realistic option of a day in court.
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Sheridan, Clare. "Cultural Racism and the Construction of Identity." Law and History Review 21, no. 1 (2003): 207–9. http://dx.doi.org/10.2307/3595073.
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Ariela Gross offers a thorough summary of points made in the two articles in this Forum, and integrates the articles well. As she notes, taken together, they provide an examination of the “other white” litigation strategy employed by Mexican American civil rights lawyers.
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Kurban, Dilek. "An Intimate Yet Anglo-Centric Account of a Renaissance Human Rights Man." Israel Law Review 54, no. 1 (2021): 120–34. http://dx.doi.org/10.1017/s0021223720000242.
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In his well-researched biography, Mike Chinoy chronicles Kevin Boyle's life and career as a scholar, activist and lawyer, bringing to light his under-appreciated role in the civil rights movement in Northern Ireland and the efforts to find a peaceful solution to the conflict, as well as his contributions to human rights movements in the United Kingdom, Europe and the world. Are You With Me? is an important contribution to the literature on the actors who have shaped the norms, institutions and operations of human rights. In its efforts to shed light on one man, the book offers a fresh alternative to state-centric accounts of the origins of human rights. The book offers a portrait of a social movement actor turned legal scholar who used the law to contest the social inequalities against the minority community to which he belonged and to push for a solution to the underlying political conflict, as well as revelations of the complex power dynamics between human rights lawyers and the social movements they represent. In these respects Are You With Me? also provides valuable insights for socio-legal scholars, especially those focusing on legal mobilisation. At the same time the book could have provided a fuller and more complex biographical account had Chinoy been geographically and linguistically comprehensive in selecting his interviewees. The exclusion of Kurdish lawyers and human rights advocates is noticeable, particularly in light of the inclusion of Boyle's local partners in other contexts, such as South Africa.
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Zarnow, Leandra. "Braving Jim Crow to Save Willie McGee: Bella Abzug, the Legal Left, and Civil Rights Innovation, 1948–1951." Law & Social Inquiry 33, no. 04 (2008): 1003–41. http://dx.doi.org/10.1111/j.1747-4469.2008.00130.x.
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This article considers the role of Bella Abzug, lead counsel for Willie McGee from 1948–1951, in shaping the defense of this Cold War era Mississippi rape case. Representing McGee left an indelible mark on Abzug: she made her first trip south, wrote her first Supreme Court petition, and faced her first death threat. Participation in the Left legal bar—especially the National Lawyers Guild and Left feminist circles—shaped Abzug's legal consciousness as she redirected the McGee defense significantly in 1950. By joining race and sex, Abzug's legal argument zeroed in on the taboo of interracial sexual relations at the heart of Southern rape cases, thereby exposing the innermost sexual color line. She urged the courts and cause lawyers—albeit unsuccessfully—to pursue a more radical civil rights agenda than outlawing public segregation, as ultimately achieved in Brown v. Board of Education (1954), and typically recognized in Cold War civil rights scholarship.
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Nekrasova, E. V. "TO THE QUESTION ABOUT CORRELATION OF ABUSE OF A RIGHT AND OBLIGATIONS FROM INJURY." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 1 (2021): 304–9. http://dx.doi.org/10.37279/2413-1733-2021-7-1-304-309.
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Abuse of law is an interesting and controversial category in the doctrine of civil law. The article notes that the history of this category originates in the law of ancient Rome, where the issues of abuse of law were considered by Roman lawyers in relation to specific cases. The grounds for classifying the abuse of a rights on various grounds are indicated. The article deals with the correlation between the categories of «abuse of a right» and obligations from injury, analyze the grounds of tort responsibility and responsibility for abuse of a right in various forms was carried out (actions bypassing the law with an illegal purpose, as well as other deliberately unfair exercise of civil rights). It was revealed that these categories are not identical and the rules on non-contractual liability in case of abuse of law begin to work in a subsidiary regime
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Joireman, Sandra Fullerton. "Inherited legal systems and effective rule of law: Africa and the colonial legacy." Journal of Modern African Studies 39, no. 4 (2001): 571–96. http://dx.doi.org/10.1017/s0022278x01003755.
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The question of whether particular types of legal institutions influence the effectiveness of the rule of law has long been answered with conjecture. Common law lawyers and judges tend to believe that the common law system is superior. This opinion is based on the idea that the common law system inherited from the British is more able to protect the rights of the individual than civil law judicial systems. Quite the opposite point of view can be found in lawyers from civil law countries, who may view the common law system as capricious and disorganised. This paper compares the effectiveness of the rule of law in common law and civil law countries in Africa, through a cross-national statistical comparison using Freedom House and Political Risk Services data. The comparison reveals that common law countries in Africa are generally better at providing ‘rule of law’ than are civil law countries.
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Mills, Douglas G., and Brian Beck. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 36, no. 2 (1998): 486. http://dx.doi.org/10.29173/alr646.
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This article is a compilation of recent Canadian court decisions pertaining to oil and gas law. Case law in the following areas has been surveyed: (1) contracts and torts; (2) lands, leases and titles; (3) royalty agreements; (4) surface rights; (5) offshore drilling; (6) administrative law; (7) environmental law; (8) tax; (9) directors' liability; (10) fiduciary duties; and (11) civil procedure.
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Sidoli del Ceno, Julian. "Compulsory mediation: civil justice, human rights and proportionality." International Journal of Law in the Built Environment 6, no. 3 (2014): 286–99. http://dx.doi.org/10.1108/ijlbe-09-2013-0036.
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Purpose – This purpose of this paper is to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary. Design/methodology/approach – This paper seeks to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary. Findings – This paper argues that the worries concerning compulsory mediation are unnecessary as they are based on a narrow reading of Article 6 rights, one not shared by many European lawyers, in particular the view taken by them with regards to proportionality. It further argues that compulsory mediation can be an appropriate, proportionate method of dispute resolution in some cases recognising that mediation is not a bar per se to subsequent litigation. Originality/value – Mediation is an important topic in contemporary law. The theoretical and jurisprudential aspects of mediation have as yet been underdeveloped. This paper is a contribution to this developing debate.
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Rubenstein, William B. "Divided We Litigate: Addressing Disputes among Group Members and Lawyers in Civil Rights Campaigns." Yale Law Journal 106, no. 6 (1997): 1623. http://dx.doi.org/10.2307/797318.
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Goluboff, Risa L. "Deaths Greatly Exaggerated." Law and History Review 24, no. 1 (2006): 201–8. http://dx.doi.org/10.1017/s0738248000002327.
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In 1940, in the inaugural issue of its Bill of Rights Review, the American Bar Association's Bill of Rights Committee expressed its conviction “that a distinct field of law—that of civil rights—[was] emerging.” From the standpoint of lawyers, judges, and scholars looking forward from that moment, the contours of the new field were largely unknown. In large part, that uncertainty was due to the Supreme Court's dismantling of the dominant doctrinal framework governing the relationship between individuals and the state in the 1930s.
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De Merieux, Margaret. "Extradition as the Violation of Human Rights. The Jurisprudence of the International Covenant on Civil and Political Rights." Netherlands Quarterly of Human Rights 14, no. 1 (1996): 23–33. http://dx.doi.org/10.1177/092405199601400103.
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The decision of the Human Rights Committee in Kindler vs. Canada1 marked its first substantive decision on the subject of the violation of human rights under the International Covenant on Civil and Political Rights (ICCPR) consequent upon extradition by a State Party, and making the extradition itself a violation of Covenant obligations. Two cases have followed — Chitat Ng vs. Canada2 and Cox vs. Canada.3 The requesting State in all cases was the United States and given the increase in the numbers of requests for extradition between Canada and that country, from 29 in 1980 to 88 in 1992 and the enthusiasm of Canadian lawyers for proceedings before the Committee, ‘litigation’ in this area is likely to form a significant part of the Committee's work in the future. The ensuing comment analyses the decisions and the issues raised.
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Weinrib, Laura M. "From Left to Rights: Civil Liberties Lawyering Between the World Wars." Law, Culture and the Humanities 15, no. 3 (2016): 622–55. http://dx.doi.org/10.1177/1743872116641871.
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In the formative years of the modern First Amendment, civil liberties lawyers struggled to justify their participation in a legal system they perceived as biased and broken. For decades, they charged, the courts had fiercely protected property rights even while they tolerated broad-based suppression of the “personal rights,” such as expressive freedom, through which peaceful challenges to industrial interests might have proceeded. This article focuses on three phases in the relationship between the American Civil Liberties Union (ACLU) and the courts in the period between the world wars: first, the ACLU’s attempt to promote worker mobilization by highlighting judicial hypocrisy; second, its effort to induce incremental legal reform by mobilizing public opinion; and third, its now-familiar reliance on the judiciary to insulate minority views against state intrusion and majoritarian abuses. By reconstructing these competing approaches, the article explores the trade-offs – some anticipated and some unintended – entailed by the ACLU’s mature approach.
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Wilkins, David B. "Class Not Race in Legal Ethics: Or Why Hierarchy Makes Strange Bedfellows." Law and History Review 20, no. 1 (2002): 147–51. http://dx.doi.org/10.2307/744157.
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Susan Carle has given us a fascinating, thoroughly researched, and well-argued examination of the early history of the modern civil rights movement. She frames her inquiry of this rarely investigated period in terms of the tension between the NAACP's litigation tactics during the early part of the twentieth century and the professed ethics of the establishment lawyers who authored and approved these controversial measures. How, she asks, could leading corporate lawyers such as Charles Boston justify authorizing the NAACP's concerted campaign to solicit plaintiffs and create test cases while at the same time serving on ethics committees that expressly condemned such practices?
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Imron, Anhar Buana Dan. "HAK IMUNITAS ADVOKAT BERDASARKAN PASAL 16 UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XI/2013, TANGGAL 14 MEI 2014." LEGALITAS 5, no. 2 (2021): 26. http://dx.doi.org/10.31293/lg.v5i2.5033.
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Advocates are people who work in providing legal services, both inside and outside the court, advocates are also a noble or honorable profession, advocates have a role that is no less important than other law enforcers and has the same position as a law enforcer so that it is natural for lawyers to have the right of immunity, namely the right of immunity to the work of his profession.Advocates in carrying out their profession, cannot be prosecuted both civil and criminal in carrying out their professional duties in good faith for the benefit of the client's defense outside or in court, but in practice there are many cases involving advocates when carrying out their profession in the field up to the verdict until the verdict criminal.The problem raised in this paper is whether the lawyer is immune to the law with the existence of an advocate's immunity rights and how the legal protection of the advocate's immunity rights in carrying out his profession. This type of research is normative juridical research, library research with the problem approach used in writing this thesis is the statute approach.With the enactment of laws and regulations governing the rights of advocates of immunity, that advocates are not immune from the law but because the tasks or work done by advocates constitute the work or noble profession, then he is given special authority, namely the right of immunity or the right to immunity in law carrying out his professional duties
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Sheedy, James. "CIVIL LAW JURISDICTIONS AND THE ENGLISH TRUST IDEA: LOST IN TRANSLATION?" Denning Law Journal 20, no. 1 (2012): 173–83. http://dx.doi.org/10.5750/dlj.v20i1.330.
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This piece is a short discussion on the English; and more widely the common law concept of the trust and its traditional exclusion from civil law systems. It seeks to unearth that the apparent distaste civil law systems have for the common law trust is rooted in each system’s respective attitude to rights in property and at least some degree of mistranslation. This apparent gulf in understanding can be bridged by incorporating the trust into the more ancient Roman law concept of the patrimony, thereby making the trust sit more comfortably in civil law jurisdictions. In bridging the divide, this new appreciation for the trust challenges us as common lawyers to reconsider the traditional common law premise of the trust as being less about proprietary interest as it is about personal rights and obligations.
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Zaynutdinov, D. R. "Prosocial legal thought in the age of revolution and civil war in Russia (1917—1918)." Lex Russica, no. 3 (April 5, 2019): 159–71. http://dx.doi.org/10.17803/1729-5920.2019.148.3.159-171.
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The paper deals with the formation and development of right-socialist legal thought during the revolutionary period of 1917 and the Civil war of 1918. During the analysis, special attention is given to the legal views and ideas of the largest theorists of the right-socialist school, such as G.V. Plekhanov, V.M. Chernov, P.B. Akselrod, M.V. Vishnyak. The paper is divided into four interrelated parts. The first part reveals the fact of the lack prosocial groups of projects of legal development of the Russian state to establish a social democratic regime that caused their appeal to the legal concepts of the cadets. Also the reasons of registration by right-socialist groups of the concept of “the third way” and its realization in anti-Bolshevist statehood of the period of 1918 are revealed. In the second part of the work the understanding of the essence of law in socialism is studied, the comparison of the ideological approach to “law” on the part of the lawyers of the left-socialist and right-socialist camp is made. Special attention is given to the place of law in the teachings of socialism and the relationship of law with the economy. In the third part of the work the image of A.I. Gukovskiy as a jurist of the right socialist camp is investigated. His characteristic given to him by the right Socialists Revolutionarists (SRs) is generalized. The image of A.I. Gukovskiy reveals common features inherent in all legal scholars of the right socialist camp. The fourth part of the paper draws attention to the idea of human and civil rights and freedoms in the teachings of social democracy. For the jurists of social democracy, the development of the idea of human and civil rights and freedoms is nothing more than the materialization of the spirit of the revolution, and therefore the problems of the legal status of the individual in the works of right socialist thinkers received a special place. In conclusion, the author draws conclusions about the contribution of Russian lawyers of the right socialist group to the world fund of legal science.
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Rygiel, Philippe. "Does International Law matter?" Journal of Migration History 1, no. 1 (2015): 7–31. http://dx.doi.org/10.1163/23519924-00101002.
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We look here at the work and action pertaining to the regulation of migrations of international lawyers belonging to the Institut de Droit International (IDI) during the four decades before the First World War. We show that interest for the rights of foreigners in western states and the circulation of people derived both from the liberal agenda these lawyers shared and the will to regulate the interactions between states that could produce conflict. The idi devised during that period a coherent set of rules and recommendations insisting on a minimal protection of refugees, and the necessity of granting foreigners and nationals equal civil rights. The position of power the members of this liberal network shared enabled them shortly before the First World War to ensure that some of these provisions became shared legal norms, even if for a short time and only for some European states.
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Tertyshnyk, V. M. "THE PROBLEMS OF THE REFORM OF CRIMINAL JUSTICE." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 207–13. http://dx.doi.org/10.15421/391944.
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The article covers the problem of optimization of regulatory and criminal proceedings in terms of the implementation of the principle of the adversarial parties. Analysis of the positive stories and shortcomings of the current CPC of Ukraine. Disclosed the problem to run the investigation and legal assistance and protection. The submitted proposals concerning improvement of the norms of the criminal procedure law. The principle of admissibility of intervention in human rights and the application of coercive measures in establishing the objective truths only in case of extreme urgency has become a basic principle of the criminal process. According to the applicable law of Ukraine “on advocacy and its activities” (p. 7 article 20) advocate in their activities has the right to “remove things, documents, copy them”. That is, it can only go about getting published, and not about “deleting”, without the consent of the holder of the document or thing. “Extract” is commonly understood as forced extraction, and side protection, by definition, its function may not to have establishing the authority. Finally, to protect enough of getting copies of documents, not delete documents, especially the absence of a duty to Act laid them in the proper way to store and share the Court. At first glance, insignificant legislative inaccuracy may only have character problem definitions, but in reality these “trivia” smear Vaseline give opportunity not so much for a parallel legal investigation, how, in practice, for the active counteraction to the inquest by hiding or destroying evidence. In today’s criminal counsel may participate in criminal proceedings in three different status: 1) as a defender of the suspect, accused, convicted, justified; 2) as a representative of the victim of physical persons; a legal entity that is affected civil plaintiff, civil respondent; third person; 3) as legal assistant to the witness. Prescription of the Constitution that exceptionally lawyer carries out representation of another person in court, as well as protection from criminal prosecution does not mean establishing the monopoly of lawyers to perform the function of protection. Wise will introduce a new conceptual system of legal assistance and protection: 1. Protection of the suspect can make as lawyers and other professionals in the field of law, for which there is no reason for removal. 2. Defendant and defendant in court should carry only a lawyer who offered to appoint judicial agent. 3. Legal assistance to victims, civil plaintiffs, civil and for third parties (art. 63 of the CPC of Ukraine) can make as lawyers and other specialists in the field of law, which can act in the procedural status of the representatives of the respective parties. 4. Legal assistance to witnesses, applicants to other participants of the process can make as lawyers and other professionals in the field of law. Implementation of the constitutional principles of legal assistance and protection in criminal proceedings requires a clear definition of the procedural status of the Defender, therepresentative and law agent, development and adoption of the law on the independent Institute the investigation, which has become an independent institution of the criminal procedural law.
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Baker, Scott, and Jack Greenberg. "Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution." History of Education Quarterly 35, no. 3 (1995): 337. http://dx.doi.org/10.2307/369774.
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Kutler, Stanley I., and Jack Greenberg. "Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution." Journal of Interdisciplinary History 27, no. 3 (1997): 551. http://dx.doi.org/10.2307/205953.
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Davis, John A., and Jack Greenberg. "Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution." Political Science Quarterly 109, no. 5 (1994): 919. http://dx.doi.org/10.2307/2152547.
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Huff, Jamie. "Voices of Civil Rights Lawyers: Reflections from the Deep South, 1964–1980 ed. by Kent Spriggs." Journal of Southern History 84, no. 3 (2018): 798–99. http://dx.doi.org/10.1353/soh.2018.0238.
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Hickman, Tom. "NEGLIGENCE AND ARTICLE 6: THE GREAT ESCAPE?" Cambridge Law Journal 61, no. 1 (2002): 1–52. http://dx.doi.org/10.1017/s0008197302251508.
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WHEN, the European Court of Human Rights decided in Osman v. UK [1999] 1 F.L.R. 193 that striking out a claim in negligence (in Osman v. Ferguson [1993] 4 All E.R. 344) against the police, for failing to prevent a disturbed teacher injuring a pupil and killing the pupil’s father, amounted to a breach of Article 6 of the European Convention, many domestic lawyers felt that human rights law had gone too far. Article 6 protects the right to a fair and public hearing in the determination of one’s civil rights. The ECtHR did not say that the hearing had not been fair, but that it had not really been a hearing at all. By so deciding, the ECtHR subjected the public policy considerations that had been relied on by the Court of Appeal to strike out the claim to the requirements of legitimacy and necessity which have to be satisfied to justify an interference with Article 6.
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Lohne, Kjersti, and Marte Rua. "Rettspolitisk mobilisering og strategisk sakførsel mot isolasjon i norske fengsler." Nordisk Tidsskrift for Kriminalvidenskab 108, no. 1 (2021): 118–35. http://dx.doi.org/10.7146/ntfk.v108i1.125567.
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AbstractSolitary confinement in prison and police detention has been a widespread criminal policy and human rights problem in the Scandinavian countries for decades. However, in recent years, there has been a significant legal mobilization in Norway whereby lawyers individually and collectively have challenged solitary confinement in the courts. This use of strategic litigation has been directed towards solitary confinement in police custody, remand and during imprisonment. Based on qualitative interviews and documents, we analyze the organizational and legal strategy behind this legal mobilization, along with its effects and preconditions. We find that strategic litigation by lawyers has played an important role in the struggle against solitary confinement in Norway, but that it has benefited from – and played in tandem with – a legal and political opportunity structure consisting of national as well as international actors, processes, and legal frameworks. These findings raise the question of whether lawyers and civil society can contribute in similar ways in the other Scandinavian countries.
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Howell, Jude. "NGOs and Civil Society: The Politics of Crafting a Civic Welfare Infrastructure in the Hu–Wen Period." China Quarterly 237 (November 27, 2018): 58–81. http://dx.doi.org/10.1017/s0305741018001236.
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AbstractSince 2015 rights-based NGOs, lawyers, feminists and journalists have endured the most stringent crackdown since 1989. Simultaneously the Xi Li administration has pushed forward a series of laws, policies and regulatory changes to enable service-oriented NGOs to apply for government contracts to provide welfare services. This seemingly Janus-like policy of welfarist incorporation can be traced back to the Hu–Wen period, often described as a lacklustre period, despite significant efforts to tackle issues of poverty and inequality. This article argues for a more balanced appraisal of this period by exploring in depth the complex politics underpinning efforts to pluralize welfare provision by involving service-oriented NGOs. It explores three sets of politics influencing this policy process: inter-institutional politics; state/non-state actor politics; and domestic/external politics. Furthermore, it considers processes of gradual institutional change adopted by key political actors to achieve these ends.
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Dobryakov, Denis A. "THE LEGAL STATUS OF A LAWYER IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KOREA: COMPARATIVE-LEGAL ANALYSIS." RUDN Journal of Law 24, no. 2 (2020): 353–88. http://dx.doi.org/10.22363/2313-2337-2020-24-2-353-388.
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Corporations of attorneys-at-law (in Russian this term is a synonym to advocate and similar to lawyer; it means a legal professional who passed qualification exam and obtained special status of a lawyer) in the Russian Federation and the Republic of Korea passed complicated historical way and now have many common and even universal features, though circumstances of their forming were completely different. In both Russia and Korea lawyers are members of one of the most significant civil society institutions, which protect rights of their citizens, seeking legal advice or receiving such advice by other means (for example, when a lawyer was designated by investigator in the Russian Federation). Attorneys-at-law face challenges in their qualification and practical experience. Candidates for the status must pass a special test (the qualification exam), but there are some exceptions. One of the important differences is Korean law on the bar and lawyer activities regulated by the Russian legislation. If in Russia every candidate for lawyer's status must pass qualification exam without any exceptions in terms of experience and previous employment, in the Republic of Korea former prosecutors and judges have privileged position and are exempted from the examination as appropriate level of their qualification is presumed. At the same time, in the Russian Federation a candidate for lawyer's status is a priori jurist what means that he must have higher education in the field of law, while in the Republic of Korea access to the attorneys corporation in open to everyone regardless of the level and profile of education. However, non-jurist candidates must pass a bar exam. This article provides a comparativelegal analysis of the development and modern regulation of the legal status of a lawyer in the legislation of the Russian Federation and the Republic of Korea, examines both the differences of the legislation of the named countries, as well as common features. Besides this study is one of the first in the Russian legal science with reference to the Korean bar.
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Higgins, Andrew. "Referral fees – the business of access to justice." Legal Studies 32, no. 1 (2012): 109–31. http://dx.doi.org/10.1111/j.1748-121x.2011.00214.x.
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The paper examines the controversial issue of referral fees for personal injury claims. It looks at the function of referral fees in the civil justice system, their relationship to the guarantees of access to court and the right to seek legal assistance in ECHR Art 6, and the debate about promoting access to justice or a litigious society. It examines the experience of the referral fees market in England and Wales, where the costs of referrals have risen dramatically and there is concern that referrers are auctioning their customers to the highest bidder rather than helping them find competent lawyers. Sir Rupert Jackson recommended banning referral fees in his report on the costs of civil litigation, and the Government has announced it will implement this recommendation. The paper considers the potential effects of a ban on competition in the legal services market and its compatibility with UK and EU competition law. The paper argues that a combination of better regulation of the industry and proper regulation of costs rules is a better and more proportionate way of controlling legal costs and the quality of legal services than an outright ban. While referral fees have not delivered all the benefits one would expect from a for-profit independent referrals service, they can help people obtain information about their legal rights, and competent lawyers to enforce them. This service is particularly valuable given that the state has substantially cut public funding of the civil justice system in recent years.
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Kovalenko, Tat’yana S. "ANALYSIS OF THE QUALITY OF THE COURT, PROSECUTOR AND LAWYERSWORK ON THE BASIS OF JUDICIAL STATISTICS: STATEMENT OF THE PROBLEM OF THE NEED TO IMPROVE THE INTERACTION OF THESE ENTITIES." Vestnik of Kostroma State University, no. 3 (2020): 204–7. http://dx.doi.org/10.34216/1998-0817-2020-26-3-204-207.
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The purpose of this article is to analyse the quality of the court, prosecutor and lawyers work through the prism of the problems of the indictment of the Russian criminal process. The study is conducted on the basis of judicial statistics of justices of the peace and courts of general jurisdiction in the first, appeal and cassation instances. The author comes to the following conclusion about modern criminal justice: 1) there is a low percentage of acquittals; 2) that maintains the stability of judicial acts of lower courts; 3) the court, prosecutor and lawyers work can control the legality of court decisions through procedural mechanisms enshrined in legislative acts. The author concludes that improving the quality of the court, prosecutor’s and lawyers’ work, as well as the level of protection of human and civil rights and freedoms lies in the plane of improving the status-role parameters of the interactions of the main participants in criminal proceedings. These interactions are determined by the circle of their joint activities legal and procedural status. Thus, we need amend existing legislation.
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Ansari, Zahra, Mohammad Bahrami Khoshkar, and Mohammad Ebadi. "Child's Privacy Jurisprudence and International Instruments." Journal of Politics and Law 9, no. 7 (2016): 128. http://dx.doi.org/10.5539/jpl.v9n7p128.
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In the privacy rights of Shiite jurisprudence Iran directly noted instances of its use of the term is limited including the need to protect the privacy of the place with the explicit text of the Holy Quran. It's important to enter the house without letting others do not the civil rights of the Islamic Republic of Iran, which is Shiite jurisprudence emanating from pointed to some evidences of privacy. But in international documents under human rights law and conventions of privacy have been more effectively different categories of persons referred to in the privacy in Shiite jurisprudence and civil rights and the fundamental rights of the Islamic Republic of Iran. However, also examples of human beings considered independently about the child's privacy is something not stated. Although, due to the arrival of children, especially in social virtual communities appear to need immediate attention to children's privacy by lawyers. The drafters of civil law is necessary and international measures to develop laws in this case was conducted including raising the age to 16 years joined children to social networks can be mentioned which is also protect the privacy of physical and sexual children abuse. All psychologists’ attention and extreme caution is ding to conflicts. According to the children defenseless against this social problem that should be subject to specific and severe punishment for properties compared with adults who are physically punished are more defense capabilities and reason legislators should be.