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Journal articles on the topic 'LEGAL ADVISER'

Author: Grafiati

Published: 1 July 2021

Last updated: 1 February 2022

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1

Wojtkowska, Natalia. "Odpowiedzialność dyscyplinarna radcy prawnego za naruszenie tajemnicy zawodowej – na przykładzie wybranych orzeczeń sądowych." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 421–31. http://dx.doi.org/10.15584/znurprawo.2020.29.29.

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The subject of this article is the issue of disciplinary liability of a legal adviser for breach of professional secrecy. The first part of the article presents general issues related to the exercise of the profession of legal advisor, professional secrecy and disciplinary proceedings. The main part of the article presents selected court decisions in order to determine in which situations the legal adviser will bear disciplinary liability for breach of professional secrecy and in which not.

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2

Zhang, Ni, Yi-fei Pu, Suiquan Yang, Jinkang Gao, Zhu Wang, and Ji-liu Zhou. "A Chinese legal intelligent auxiliary discretionary adviser based on GA-BP NNs." Electronic Library 36, no. 6 (December 10, 2018): 1135–53. http://dx.doi.org/10.1108/el-03-2017-0056.

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PurposeThis paper aims to build a legal intelligent auxiliary discretionary system for predicting the penalty and damage compensation values. After extensively considering current the characteristics of the current Chinese legal system, a practical legal intelligent auxiliary discretionary system based on genetic algorithm-backpropagation (GA-BP) neural network (NN) is proposed herein.Design/methodology/approachAn experiment is designed to analyze cases involving mental anguish compensation in medical disputes, and a Chinese legal intelligent auxiliary discretionary adviser system is built based on a GA-BP NN. Because BP neural networks perform well for nonlinear problems and GAs can improve their ability to find optimal values, and accelerate their convergence, a combined GA–BP algorithm is used. In addition, an ontology is used to reduce the semantic ambiguities and extract the implied semantic information.FindingsWe confirm that a case-based legal intelligent auxiliary discretionary adviser system based on a GA-BP NN and ontology techniques has good performance in prediction. By predicting the mental anguish compensation values, the legal intelligent auxiliary discretionary adviser system can help judges to handle cases more quickly and ordinary people to discover the suggested compensation or penalty. In contrast to BP NN or SVM, the result seems more close to the actual compensation rate.Practical implicationsRecently, smart court has been developed in China; the purpose of which is to build the legal advice system for improving judicial justice and reducing differences in sentencing. A practical legal advice system is an urgent requirement for the judiciary.Originality/valueThis paper presents a study of a case-based legal intelligent auxiliary discretionary adviser system based on a GA-BP NN and ontology techniques. The findings offer advice to optimize legal intelligent auxiliary discretionary adviser systems for mental anguish compensation in medical disputes.

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3

Rolfe, Alix, and Barry Parker. "Spotlight on … The Medico-Legal Adviser." InnovAiT: Education and inspiration for general practice 4, no. 11 (November 2011): 666. http://dx.doi.org/10.1093/innovait/inr142.

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4

Maume, Philipp. "Reducing Legal Uncertainty and Regulatory Arbitrage for Robo-Advice." European Company and Financial Law Review 16, no. 5 (October 9, 2019): 622–51. http://dx.doi.org/10.1515/ecfr-2019-0022.

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Robo-advisers are online financial adviser services that use algorithms to create investment recommendations without human input. They deliver advice at low costs and they are growing in popularity. However, the nature of the interaction between client and machine raises many legal questions under the applicable EU regulation. This article argues that robo-advisers provide investment advice within the meaning of the Second Markets in Financial Instruments Directive (MiFiD2). They are subject to authorisation by the national regulator and ongoing conduct requirements. It might be tempting to introduce regulatory sandboxes to address the persisting legal uncertainties in practice, but such a regulatory change does not seem likely in the near future. Instead, regulatory arbitrage should be reduced by a uniform application of the MiFiD2 framework throughout the EU. Regulators and courts should also be aware that software replacing human advisers diverges from the basic idea of human interaction that forms the basis of contract law. Investment firms are able to use new technology in the services they provide. However, as this means introducing new risks for investors, the investment firm should be subject to a strict liability regime for failures of the respective technology (for example, the unavailability of the service).

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5

Dunworth, Treasa. "The Legal Adviser in International Organizations: Technician or Guardian?" Alberta Law Review 46, no. 4 (August 1, 2009): 869. http://dx.doi.org/10.29173/alr208.

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The participation of lawyers as legal advisers to international organizations is reviewed from a historical and political perspective, looking primarily at the United Nations and the League of Nations. An inquiry is made into the “accountability debate” of international organizations and the role that legal advisers play in this regard. The issue of whether lawyers act as technicians or guardians in the international arena is reviewed historically both through academic publications, and through the writings of lawyers who have acted as international legal advisers. The 2003 invasion of Iraq and subsequent treatment of prisoners in Guantanamo Bay and Abu Ghraib are analyzed with respect to the advice given to states by their international legal advisers.

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6

Primakov, Denis. "Role of government’s legal adviser in curbing corruption in Israel." Journal of Financial Crime 26, no. 1 (January 7, 2019): 195–202. http://dx.doi.org/10.1108/jfc-12-2017-0125.

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Purpose The status of government’s legal adviser in Israel is complicated and controversial. This status deeply impacts discretion and independence, especially in the role of combating corruption. This article aims to review the status, power and independence of the government’s legal adviser and his/her interaction with other legal institutions dealing with corruption cases. Design/methodology/approach The author argues that the period of the 1980s, in Israel, was characterized by prosecution’s activism because of the dramatically increased number of corruption-related cases. Findings Prominent government legal advisers formulated approaches to the struggle against political corruption in Israel; upon becoming justices of the supreme court, they successfully transited their prosecution mindset to judicial activism (and not only for corruption-related cases). Originality/value This article discovers a linkage between prosecution and judicial positions, not under the Israeli legislation but based on personal willingness to combat corruption.

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7

Bouwhuis, Stephen. "THE ROLE OF AN INTERNATIONAL LEGAL ADVISER TO GOVERNMENT." International and Comparative Law Quarterly 61, no. 4 (October 2012): 939–60. http://dx.doi.org/10.1017/s002058931200036x.

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AbstractAt a time when globalization is driving greater connections between governments, this article examines a key facilitator of such connections, namely the international legal adviser. It elaborates on their role, how they are selected, how their offices are structured and what makes a good international legal adviser.

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8

Bellinger, John B., Richard C. Visek, Catherine Adams, and Christophe Eick. "Remarks by John B. Bellinger III." Proceedings of the ASIL Annual Meeting 114 (2020): 247–56. http://dx.doi.org/10.1017/amp.2021.80.

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Arnold & Porter has been honored to be able to host the annual “L” Reception for current and former members of the Legal Adviser's Office. It was a highlight for me to attend when I was the Legal Adviser. It has been a highlight to sponsor it. We, of course, invite friends of “L” like the two panelists that we have today.

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9

Crook, John R. "State Department Legal Adviser Testifies Regarding Diplomatic Assurances." American Journal of International Law 102, no. 4 (October 2008): 882–84. http://dx.doi.org/10.1017/s0002930000754145.

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10

LG, Heidelberg. "Adviser-Pool; telefonische Gesundheitsberatung." MedR Medizinrecht 17, no. 9 (September 1, 1999): 420–23. http://dx.doi.org/10.1007/s003500050308.

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11

Sandberg, Russell. "Interfaith Legal Advisers Network: Inaugural Meeting." Ecclesiastical Law Journal 10, no. 2 (April 16, 2008): 220–21. http://dx.doi.org/10.1017/s0956618x08001233.

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As part of its tenth anniversary celebrations, the Centre for Law and Religion at Cardiff University has established the Interfaith Legal Adviser Network (ILAN), the first of its kind in the UK. The Network seeks to facilitate an ongoing discussion, providing members with a greater understanding of their respective religious legal systems and the common legal issues they face. The inaugural meeting of the Network was held at Cardiff Law School on 7 December 2007.

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12

Frame, Alex. "Salmond, Necessity, and the State." Victoria University of Wellington Law Review 38, no. 4 (March 1, 2008): 719. http://dx.doi.org/10.26686/vuwlr.v38i4.5544.

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This article explores the varying approaches of Sir John Salmond as government adviser, judicial office, and legal theorist, to the State and the circumstances under which it might act under "necessity" in disregard of law. An epilogue provides the writer's own attempt in formal advice to delineate the boundaries of the doctrine in modern jurisprudence.

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13

Morgan, Nicolas, Art Zwickel, Thomas A. Zaccaro, and Jenifer Q. Doan. "SEC requires hedge funds to prevent insider trading despite unsettled legal definition." Journal of Investment Compliance 18, no. 1 (May 2, 2017): 63–64. http://dx.doi.org/10.1108/joic-02-2017-0014.

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Purpose To explain the import of a recent enforcement action by the US Securities and Exchange Commission (SEC) against an investment adviser for failing to prevent insider trading against the context of an unsettled legal definition of “insider trading” as evidenced by the issue presented in a recent case before the US Supreme Court. Design/methodology/approach Reviews the principal issues raised by the SEC in its enforcement action, legal requirements imposed on investment advisers, and the insider trading issues presented by the US Supreme Court case. Findings Because the legal concept of insider trading has developed through case law and is not defined by statute, it remains uncertain, and therefore the practice of insider trading will be difficult to prevent without restricting activities that could ultimately be determined to be legal. Practical implications In light of the SEC’s high threshold for investment advisers to prevent insider trading and the uncertain legal definition of that concept, investment advisers should review their insider trading policies and err on the side of caution. Originality/value Practical guidance from an experienced former SEC counsel and SEC practitioners offers new insights into the steps investment advisers should take in response to SEC enforcement activities and nebulous legal definitions.

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14

Wiatrowski, Jacek, and Justyna Grobara. "CHARACTER OF EXERCISE OF THE PROFESSION OF LEGAL ADVISORS ON THE EXAMPLE OF THE DISTRICT CHAMBER OF LEGAL ADVISERS IN OPOLE." Scientific Journal of Polonia University 37, no. 6 (May 1, 2020): 11–26. http://dx.doi.org/10.23856/3701.

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In this work, an attempt was made to present the profession of legal adviser in terms of public law and the nature of performing this profession. The paper analyzes the causes and nature of the diversity of performing this profession on the example of the District Chamber of Legal Advisors in Opole. This was done on the basis of the data from 2012-2017 obtained from there. The analysis of the collected data allowed to give a picture of the specifics of this profession and to answer research questions related to the specificity and nature of the profession of legal counsel, access to its performance as well as the occurrence of differentiation in the performance of this profession and what causes it.

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15

Matheson, Michael J., and David Scheffer. "The Creation of the Tribunals." American Journal of International Law 110, no. 2 (April 2016): 173–90. http://dx.doi.org/10.5305/amerjintelaw.110.2.0173.

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This article offers a U.S. perspective on the creation of the Yugoslav and Rwanda criminal tribunals as each nears its conclusion following more than twenty years of judicial proceedings. During the period in which the tribunals were created, one of us (MJM) was the Acting Legal Adviser or Principal Deputy Legal Adviser of the U.S. Department of State, and the other (DS) was Senior Adviser and Counsel to the U.S. Permanent Representative to the United Nations and was subsequently the first U.S. Ambassador-at-Large for War Crimes Issues. Given the leading role played by the United States in the process of creating the tribunals, we hope that our perspective might help to illuminate the critical issues faced at that time.

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16

Williams, R. C. "THE CREATION AND FLOTATION OF NOVUS PETROLEUM LTD." APPEA Journal 36, no. 1 (1996): 706. http://dx.doi.org/10.1071/aj95050.

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Novus Petroleum Ltd listed on the Australian Stock Exchange on 24 May 1995 having raised $157.5 million of equity. It was the largest initial public offering (IPO) of an oil company ever undertaken in Australia, and the third largest equity-raising on the Australian market during financial year 1994-5.The creation of Novus involved the creation of a team of professional advisers comprising ANZ McCaughan (broker), Indosuez Australia (financial adviser), Ernst and Young (accounting and taxation adviser), Phillips Fox (legal adviser) and Fern Consultants (technical adviser). During the period from mid 1994 to May 1995, the team identified and procured a portfolio of producing and exploration assets (including shares in over 30 oil and gas fields); negotiated sale and purchase, underwriting, loan and other necessary agreements; wrote and issued a prospectus and performed the necessary due diligence and other processes involved with a public equity offering; and marketed the stock in the new company globally.The success of the IPO is attributed to having a very clear business focus and strategy, a diverse portfolio of quality assets, a strong and experienced management team, good earnings arithmetic and a strong balance sheet. Delivery of the success is attributed to the commitment and enthusiasm of the professional team involved with the float process.

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17

Rosella, Michael R., Vadim Avdeychik, and Justin R. Capozzi. "SEC adopts rules and interpretive guidance designed to enhance and clarify the obligations of financial professionals." Journal of Investment Compliance 20, no. 4 (November 4, 2019): 35–44. http://dx.doi.org/10.1108/joic-08-2019-0049.

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Purpose This article provides an overview of the US Securities and Exchange Commission’s (SEC) recent approval of a package of rulemakings and interpretations designed to enhance the quality and transparency of investors’ relationships with investment advisers and broker-dealers. Design/Methodology/Approach The article provides legal analysis for and historical context of the requirements of the SEC’s adopted rules, Regulation Best Interest and Form CRS in addition to the two separate interpretations under the Investment Advisers Act of 1940, the Standard of Conduct for Investment Advisers; and the Broker-Dealer Exclusion from the Definition of Investment Adviser. Findings The SEC’s adopted regulatory package does not adopt a uniform fiduciary standard for broker-dealers and investment advisers but instead promulgates legal requirements and mandated disclosures in order to conform to the SEC’s perceived expectations for reasonable investors. Practical implications Investment advisers and broker-dealers should consult with their legal counsel in assessing how and to what extent the new regulatory package is applicable to them. Originality/Value This article provides practical guidance from lawyers who have extensive experience with the Investment Company Act, Investment Advisers Act, and the Securities Acts.

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18

Fisher, Caroline. "“True Believer,” “Legal Advocate,” or “Committed Expert”: Parliamentary Media Advising and Practitioner Conceptions of Partisanship." Journalism & Mass Communication Quarterly 94, no. 3 (September 29, 2016): 883–900. http://dx.doi.org/10.1177/1077699016670123.

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The parliamentary media adviser is commonly portrayed as a partisan “spin-doctor,” with little distinction made between the inherent partisan nature of the role and the personal partisanship of the practitioner. Semistructured qualitative interviews with 21 journalists who became parliamentary media advisers highlight the difference between the two and offer practitioner perceptions of the advantages and disadvantages of partisanship in that role. At one extreme is the “true believer”; at the other is the “legal advocate,” with the “committed expert” in between. In doing so, this article challenges the simple, dominant conception of the partisan “spin-doctor.”

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19

Sushkova, Olga. "Legal risks of using regulatory technologies in business and professional activities." SHS Web of Conferences 106 (2021): 02013. http://dx.doi.org/10.1051/shsconf/202110602013.

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When using artificial intelligence technology in RegTech or SupTech solutions to prevent, detect and control financial crimes such as money laundering, it is necessary to be aware that due to compliance costs, many online financial firms are prohibited from providing financial advice, especially if they process transactions on behalf of clients or provide p2p investment platforms. RegTech streamlines KYC/CDD processes and therefore has the ability to reduce compliance costs. This, in turn, will allow more firms to enter the market to offer services. The regulatory goal of ensuring market integrity directly conflicts with the rights of individuals and the Data Protection Acts. It is argued that data governance will need to be established to protect individual rights and public safety. Furthermore, the question remains unresolved as to whether fiduciary duties can be assumed by robo-advisors or consultants using algorithms. Fiduciary duties may also be modified and limited by the parties. The fiduciary duty concerns what the fiduciary (investment adviser) cannot do (conflict of interest) but should not do (act in the best interest of the client). Consequently, the use of common law principles to protect consumer investors is currently underdeveloped, particularly if the AI seeks to provide access to finance and fill gaps in guidance.

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20

Crook, John R. "U.S. Department of State Legal Adviser Surveys U.S. International Lawmaking Practice." American Journal of International Law 107, no. 1 (January 2013): 207–14. http://dx.doi.org/10.5305/amerjintelaw.107.1.0207.

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21

Irtyshcheva, I., L. Rogatina, and O. Ilnytska. "CHIEF LEGAL ADVISER OF THE CLAIMS AND CLAIMS DEPARTMENT OF THE LEGAL DEPARTMENT OF JSC UKRTRANSNAFTA." Agrosvit, no. 22 (December 4, 2020): 3. http://dx.doi.org/10.32702/2306-6792.2020.22.3.

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22

Artemov, V. M. "Conversation with professor A.A. Guseynov." Actual Problems of Russian Law, no. 8 (September 20, 2019): 200–214. http://dx.doi.org/10.17803/1994-1471.2019.105.8.200-214.

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The paper is a conversation between the scientific adviser of the Institute of Philosophy of the Russian Academy of Sciences, academician of the Russian Academy of Sciences, Doctor of Philosophy, Professor Abdusalam Abdulkerimovich Guseynov and the activists of the philosophical and legal club “Moral Dimension of Law” headed by its scientific adviser — Doctor of Philosophy, Professor Vyacheslav Mikhailovich Artemov (Department of Philosophy and Sociology of the Kutafin Moscow State Law University (MSAL)).

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23

Gaveika, Artūrs. "TRENDS OF LEGAL EDUCATION REFORM IN LATVIA." SOCIETY. INTEGRATION. EDUCATION. Proceedings of the International Scientific Conference 1 (May 25, 2018): 113. http://dx.doi.org/10.17770/sie2018vol1.3387.

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In 2015 the Ministry of Justice of the Republic of Latvia initiated reform of legal education in Latvia in order to achieve higher quality of legal education. As the most appropriate reform tool to solve this problem, a single lawyer qualification examination and the elimination of the profession of legal adviser were adopted. At the beginning of these reforms, there was no detailed study of the reasons for the lack of quality in legal education and was not audited the study programs of the relevant higher education institutions. The quality of legal education in Latvia has become a subject of public discussion for a considerable amount of time. In 2017, the Rezekne Academy of Technologies was forced to start new study programs development due to elimination of the profession of legal adviser and to create additional opportunities for student quality education in connection with the implementation of a single lawyer's professional qualification examination. The article is dedicated to issues and perspectives of legal education reforms. The study used: the method of legal analysis, studying the progress of legal education reforms, requirements of regulations in the context of the topic and analyzing the quality of legal profession standards and compliance of society, the national economy needs and the impact on the content of study programs in RTA and other higher educational institutions. The comparative method has been used to find out and compare the opinions of experts - employers, university lecturers and students, including RTA students.

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24

Mukhin, Igor' Valer'evich, and Ivan Vladimirovich Malykh. "On the concept of “legal work in a commercial organization”." Юридические исследования, no. 6 (June 2021): 56–65. http://dx.doi.org/10.25136/2409-7136.2021.6.35804.

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This article explores the problem of ambiguity of the category “legal work in a commercial organization”. A well-founded, logically accurate conceptual-categorical apparatus is important not only from a scientific perspective, for achieving the practical effectiveness of such activity as well. The authors raise the question on the absence of legislative consolidation of this category. Analysis is conducted on the existing in legal doctrine approaches towards the concept of “legal work” and “legal work in a commercial organization”. The conducted analysis of legislation and legal doctrine on the subject matter allows concluding on the need for distinguishing a narrow and broad approaches towards definition of the concept “legal work in a commercial organization”. In a narrow sense, it is offered to views this concept as a competent legal activity carried out by the expert, legal adviser, or external lawyer for ensuring effective functionality of the mechanism of legal regulation and systematic receipt of profit. In a broad sense, this concept should be viewed as an actual legal work and the activity of all structural departments, under the supervision of legal service, legal adviser or other entity, who can render a competent legal aid. The authors suggest adopting a special federal law that would regulate legal work, obligating the commercial organizations to hire competent legal experts. This would correspond to the trend of professionalization of legal aid, increase the effectiveness of protecting the rights and legitimate interests of organizations, and thus reduce legal nihilism, improve the quality of justice, optimize the burden on public authorities, and ultimately, contribute to observance of the general legal principle of legitimacy in entrepreneurial activity.

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Wilde, Ralph. "The Complex Role of the Legal Adviser When International Organizations Administer Territory." Proceedings of the ASIL Annual Meeting 95 (2001): 251–58. http://dx.doi.org/10.1017/s0272503700057153.

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26

Pearse, John, and Gisli H. Gudjonsson. "A review of the role of the legal adviser in police stations." Criminal Behaviour and Mental Health 6, no. 3 (September 1996): 231–39. http://dx.doi.org/10.1002/cbm.97.

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27

Badri, Muhammad. "Peran Pembimbing Kemasyarakatan Sebagai Pertimbangan Hakim dalam Penjatuhan Putusan pada Anak yang Berhadapan dengan Hukum." Wajah Hukum 5, no. 1 (April 23, 2021): 177. http://dx.doi.org/10.33087/wjh.v5i1.375.

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This study aims to determine the role of social advisers as a judge's consideration in making decisions on those who are dealing with the law. This research is a normative legal research. Literature study methods such as law. This data analysis technique uses a qualitative descriptive technique. The results showed that the social adviser from the Correctional Center (BAPAS) has an important role for the suspect or defendant, namely children in the trial process, namely accompanying children and then conveying the results of social research to the judge. Community research reports are used for the purposes of investigation, prosecution and trial in cases involving children for judges in making their decisions.

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Hamid Al - Saadi, Dr Rana Ali. "Advisory Council of the State Council of Iraq a Comparative Study." Journal of Social Sciences Research, SPI 1 (November 15, 2019): 267–79. http://dx.doi.org/10.32861/jssr.spi1.267.279.

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The Iraqi Council of State is a constitutional institution of a judicial and advisory nature with functions guaranteed by constitutional and legal rules. The Advisory Council of the Iraqi Council of State represents one of the two pillars of the post, as well as the judicial function established by Law No. 106 of 1989. It shall be entrusted with the legal opinions that illuminate its legal path and solve any problems that may arise among its departments. It also contributes to the preparation and drafting of laws related to public administration. This jurisdiction includes the presence of an entity possessing scientific expertise for its performance Under this function, the Council appears as a legal adviser to the State, which is provided with legal opinions that illuminate its legal path and resolve problems that may arise among its departments. It also contributes to the preparation and drafting of laws related to public administration. It is also of great importance to the state departments and their employees when they start their job responsibilities by properly implementing the laws based on the advisory opinions of the State Consultative Council in interpreting the various legislations in order to avoid misinterpretation of the laws or in their application, In this paper, we discussed the analytical approach of legal texts and the comparative method in scientific research by comparing the legislative texts mentioned in the comparative systems with comparing them with the legal opinions and decisions issued by the Iraqi Council of State, similar to those issued by the State Councils in comparative systems in France and Egypt. The research also includes an introduction and three sections The first topic revolves around the concept of the advisory jurisdiction of the State Council, while the second section we address it examined the legal basis for the jurisdiction of the Advisory Council of State, and then the third section we will cover it to the types of consultations expressed by the State Council, the legal value to it, and finally the conclusion.

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Kotlyar, Anastasia I. "The Issue of Staff Sufficiency in Subdivisions for Legal Support of the Ministry of Internal Affairs of Russia." Administrative law and procedure 4 (April 15, 2021): 54–57. http://dx.doi.org/10.18572/2071-1166-2021-4-54-57.

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The scientific article examines some aspects of the organizational and staff structure of the units of the legal support of the system of the Ministry of Internal Affairs of Russia, namely the insufficient number of certified personnel of the legal service. This shortcoming gives rise to a number of problems that affect the quality implementation of all areas of legal work and the functioning of the law enforcement link in general. Special attention is paid to the territorial bodies of internal affairs, in which the legal subdivision is represented by a small number of members — a legal direction or a group, or the position of a legal adviser, contrary to regulatory requirements, has not been introduced.

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30

Fennell, Phil. "Protection! Protection! Protection! Déjà vu all over again. The Government Response to the Parliamentary Scrutiny Committee." International Journal of Mental Health and Capacity Law 1, no. 13 (September 5, 2014): 110. http://dx.doi.org/10.19164/ijmhcl.v1i13.174.

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<p>This article discusses the Government’s Response to the Joint Parliamentary Scrutiny Committee Report on the <em>Draft Mental Health Bill</em>, from the bias of someone who served as the specialist legal adviser to the Committee. </p>

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31

Vöneky, Silja N. U. "Response – The Fight against Terrorism and the Rules of International Law – Comment on Papers and Speeches of John B. Bellinger, Chief Legal Advisor to the United States State Department." German Law Journal 8, no. 7 (July 1, 2007): 747–59. http://dx.doi.org/10.1017/s2071832200005903.

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In the last year John B. Bellinger, III, Chief Legal Adviser to the United States Department of State, has been engaging in a dialogue with politicians and legal scholars in European countries. These speeches and public appearances, like the remarks delivered at the London School of Economics in 2006 and republished in this issue of the German Law Journal, were meant to address the misimpressions, as Mr. Bellinger sees it, that have become prevalent in Europe over the last few years with respect to the US positions on questions of the legal basis and legal limits of the “war on terror” and the treatment of detained terrorists.

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32

Jennings, R. Y. "The Judiciary, International and National, and the Development of International Law." International and Comparative Law Quarterly 45, no. 1 (January 1996): 1–12. http://dx.doi.org/10.1017/s0020589300058632.

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TheAnnual Digest of Public International Law Cases—the ancestor of theInternational Law Reports—was first published “under the direction” of the Department of International Studies of the London School of Economics. The “chief inspirers”, to use Fitzmaurice's phrase, were Arnold McNair and Hersch Lauterpacht, the latter then on the teaching staff of the School. There was also an Advisory Committee of Sir Cecil J. B. Hurst, a former President of the Permanent Court of International Justice and later Legal Adviser to the Foreign Office; W. E. Beckett, also of the Foreign Office; A. Hammarksjöld, the Registrar of the Permanent Court of International Justice, and Sir John Fischer Williams of Oxford and the Reparation Commission.

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33

Kouvonen, Petra. "Re-negotiating Personal Integrity in Finnish Child Welfare." International Journal of Children's Rights 18, no. 1 (2010): 111–25. http://dx.doi.org/10.1163/157181809x448428.

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AbstractBy means of a semiotic analysis of various modalities, this article identifies two kinds of professional “speaking-images”—that of the legal adviser and the legal expert—and uses these to illustrate how deviant behaviour among children in child care custody is currently being framed. The data consist of comments on the new Finnish Child Welfare Act (LSL 417/2007) found in professional magazines in the field. The main finding is that the legal regulation of interventions in general might work to preserve child integrity. However, deviant acts of children, such as substance abuse, seem to be classified as risks that allow for a compulsory intervention.

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34

Chochowska, Anna. "LIABILITY OF A LAWYER AND A LEGAL ADVISER FOR BREACHING PRINCIPLES OF PROFESSIONAL ETHICS." International Journal of Legal Studies ( IJOLS ) 4, no. 2 (December 30, 2018): 67–76. http://dx.doi.org/10.5604/01.3001.0013.0003.

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Practicing the profession of a lawyer involves the need to comply not only with legal norms, but also with ethical standards. These norms included in the framework of ethical codes set the desired pattern of behavior of a legal practitioner. In the case of different types of dilemmas, they indicate the right way to proceed. Attorneys are required, which is understandable in order to protect the broadly understood public interest, to comply with the highest ethical and moral standards. This article presents the essence and importance of the institution of disciplinary responsibility in ensuring the proper performance of the profession. In addition, it indicates disciplinary offenses that may result in the initiation of disciplinary proceedings against a lawyer and types of disciplinary penalties.

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Williamson, Edwin D. "International Law and the Role of the Legal Adviser in the Persian Gulf Crisis." Proceedings of the ASIL Annual Meeting 85 (1991): 377–82. http://dx.doi.org/10.1017/s0272503700092272.

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Sofaer, Abraham D. "Agora: The U.S. Decision not to Ratify Protocol I to the Geneva Conventions on the Protection of War Victims (Cont’d)." American Journal of International Law 82, no. 4 (October 1988): 784–87. http://dx.doi.org/10.2307/2203512.

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The October 1987 issue of the Journal contains an article written by Hans-Peter Gasser, the Legal Adviser to the Directorate of the International Committee of the Red Cross (ICRC), on the U.S. decision not to ratify Protocol I (on international armed conflicts) to the 1949 Geneva Conventions on the Protection of War Victims. Unfortunately, the Journal did not include any response by the administration, but only the President’s necessarily brief letter of transmittal to the Senate of January 18, 1987, recommending advice and consent to ratification of Protocol II (on noninternational conflicts). The President’s letter of transmittal was not intended to be an exhaustive statement of the U.S. objections to Protocol I, nor does it purport to be such.

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Bowring, Bill. "Yevgeniy Pashukanis, His Law and Marxism: A General Theory, and the 1922 Treaty of Rapallo between Soviet Russia and Germany." Journal of the History of International Law 19, no. 2 (May 16, 2017): 274–95. http://dx.doi.org/10.1163/15718050-19231033.

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The subject matter of this article is the moment at which Soviet Russia made its first and unexpected step into international legal relations. My focus is the role played, as a legal adviser, by Yevgeniy Pashukanis. I trace the tragic trajectory of Pashukanis up to his murder by Stalin’s regime, and conclude with an evaluation of the significance of the Treaty. It is my contention that the General Theory is not at all representative of Pashukanis’ work as whole. With the exception of this text, Pashukanis was an orthodox Soviet legal scholar, adapting successfully to changes in the prevailing theoretical and ideological direction of the ussr. The Treaty between two defeated and to different extents pariah powers was of immense significance, not only for the immediate survival of Soviet Russia, and its gradual integration into the international legal order, but also for the subsequent trajectories of both countries.

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Wiatrowski, Jacek, and Anna Nowicka. "ANALYSIS OF ACCESS TO LEGAL PROFESSIONS OF PUBLIC TRUST IN POLAND IN 2010-2017." Scientific Journal of Polonia University 31, no. 6 (December 20, 2018): 11–18. http://dx.doi.org/10.23856/3101.

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The profession of a lawyer, notary or legal adviser is commonly perceived as a profession of special significance for society, and also as a public service for the protection of higher-order goods such as the social order of the rights of individual freedom, health, life or personal or social property. Ethical values during the performance of these professions, detailed standards of professional ethics, observance of the rules of diligence and professional secrecy are some of the attributes of these professions that make them professionals of a special character in the social dimension - these are jobs endowed with a huge loan of social trust.

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Zoller, Elisabeth. "The “Corporate Will” of the United Nations and the Rights of the Minority." American Journal of International Law 81, no. 3 (July 1987): 610–34. http://dx.doi.org/10.2307/2202015.

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In contrast to the withholding practices of certain member states in respect of part of their assessed contributions to the budget of the United Nations, United States withholding began rather recently. U.S. withholding started in 1980 and, until 1985, applied only to specific programs and decisions. Previously, in 1978, the Legal Adviser of the Department of State had concluded in a memorandum of law that Article 17 of the UN Charter “impose[s] a legal obligation on members to pay the amount assessed to them by the General Assembly.” Referring to the U.S. written statement submitted to the International Court of Justice in Certain Expenses of the United Nations, he added: “Accordingly, the General Assembly’s adoption and apportionment of the Organization’s expenses create a binding international legal obligation on the part of State Members to pay their assessed shares.” In his view, there was apparently no possible exception to this obligation.

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40

Bugnion, François. "The composition of the International Committee of the Red Cross." International Review of the Red Cross 35, no. 307 (August 1995): 427–46. http://dx.doi.org/10.1017/s002086040007296x.

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“I Know of no part of jurisprudence or of the humanities to which the institution calling itself the Geneva Committee can be connected”, declared the renowned Russian jurist Fiodor Fiodorovitch de Martens, legal adviser to the Imperial Russian Government, at the Fourth International Conference of Red Cross Societies held in Karlsruhe in September 1887.No wonder he was puzzled, for although the International Committee is an international institution by reason of its activities and duties, its composition is still that of a private association under Swiss law.

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Arrocha, Pablo, Kenna Graziano, Nancy L. Perkins, Carla Ferstman, Beatrice Lindstrom, and Edward Chukwuemeke Okeke. "Introductory Remarks by Pablo Arrocha." Proceedings of the ASIL Annual Meeting 114 (2020): 289–300. http://dx.doi.org/10.1017/amp.2021.81.

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Good afternoon, and welcome to this panel. My name is Pablo Arrocha. I am the Legal Adviser of the Mexican Mission to the United Nations, and I am thrilled to be moderating a very exciting conversation in this year's ASIL conference which, as we all know, is happening under these new circumstances that are becoming our new normality and our new reality. It is a pity that we are not able to be all together in the same room, but it is very fortunate that we can at least do this virtually.

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Nash, Marian, and (Leich). "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 90, no. 2 (April 1996): 263–79. http://dx.doi.org/10.2307/2203689.

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In response to a request from the court to the Legal Adviser of the Department of State, by a letter dated November 29, 1995, the United States submitted a Statement of Interest in Meridien International Bank Ltd. v. Government of the Republic of Liberia. The United States stated that the executive branch had determined that allowing the (second) Liberian National Transitional Government (LNTG II) access to American courts was consistent with U.S. foreign policy. The court, the United States maintained, should therefore accord that Government standing to assert claims and defenses in the action on behalf of the Republic of Liberia.

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Duncan, Leah. "The Proxy Problem: Using Nonprofits to Solve Misaligned Incentives in the Proxy Voting Process." Michigan Business & Entrepreneurial Law Review, no. 9.2 (2020): 235. http://dx.doi.org/10.36639/mbelr.9.2.proxy.

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Proxy advisory firms and their influence on the proxy voting process have recently become the subject of great attention for the Securities and Exchange Commission (“SEC”) among other constituencies. A glance at recent proxy season recaps and reports, many of which devote space to discussing proxy advisory firm recommendations, reveal the significance of this influence on institutional voting. As Sagiv Edelman puts it, “proxy advisory firms exist at the nexus of some of the most high-profile corporate law discussions—most notably, the shareholder voting process, which has recently been the subject of much scholarly and legal debate.” The SEC has responded by announcing that it intends to reform the regulations, or lack thereof, surrounding proxy advisory firms. Recently, the SEC issued proposed amendments to Exchange Act Rule 14(a)-1 which would effectively codify their earlier interpretation of solicitation under this rule. The proposed amendment would “condition the availability of certain existing exemptions from the information and filing requirements . . . for proxy voting advice businesses upon compliance with additional disclosures and procedural requirements.” Furthermore, the amendments would clarify when a lack of disclosure of certain information in proxy voting advice compromises the accuracy of the advice and misleads within the meaning of the rule. The SEC believes that these extra requirements will “help ensure that investors who use proxy voting advice receive more accurate, transparent, and complete information on which to make their voting decisions.” Based on this proposal, it is apparent that the SEC is intent on rectifying some of the problems of transparency and conflicts of interest associated with proxy advisory firms. Given the increasing influence of proxy advisory firms, the misalignment of incentives between proxy firms and the institutional shareholders who use proxy firm services is troubling. This Note identifies inherent problems and concerns with proxy advisory firms and offers solutions to these issues with a focus on eliminating conflicts of interest. Using Henry Hansmann’s theory of ownership, this Note argues that nonprofit ownership of proxy advisory firms eliminates both information asymmetry and conflicts of interest inherent to the current ownership structure. Part I provides a brief overview of the problems and concerns associated with proxy advisory firms. Part II suggests two potential solutions: that Rule 206(4)-6 of the Investment Adviser Act of 1940 should be repealed or alternatively, that nonprofit ownership through investment company associations is a more effective way for investment management companies to comply with their fiduciary duties. Because profit incentive has created conflicts of interest that lead to proxy advice that may not always be in the best interest of investment manager clients, nonprofit ownership promotes transparency that allows parties who rely on the advice to make more independent decisions. Part III argues that nonprofit ownership is the most viable alternative to the status quo.

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Abdul Wahab, Norazla, Nur Zulfah Md Abdul Salam, and Hammad Mohamad Dahalan. "THE POSITION AND THE ROLES OF THE ADVISOR OF THE COURT FOR CHILDREN IN THE JUVENILE JUSTICE SYSTEM IN MALAYSIA: ISSUES AND CHALLENGES." International Journal of Law, Government and Communication 6, no. 24 (June 15, 2021): 84–103. http://dx.doi.org/10.35631/ijlgc.624006.

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The establishment of the Court for Children in the juvenile justice system is to provide legal protection for children. This court consists of a Magistrate and two advisors which one of them is a woman as provided in section 11 (2) of the Child Act 2001. Basically, the role of the advisor of the Court for Children is to advise the Magistrate relating to the orders (punishment) to be imposed on children who are in conflict with the law and to advise the parents or guardians whenever necessary. However, Section 11 of the Child Act 2001 is the only provision as regards the advisor of the Court for Children in Malaysia. There are no other guidelines or regulations on the mechanism of execution of duties of the advisor, its appointments, and training requirements. Thus, this study aims to identify the issues and challenges relating to the position and roles of the advisor. An analysis is made of legal documents and academic journals. Semi-structured interviews were also conducted with the Social Welfare Department (JKM), Ministry of Women, Family and Community Development (KPWKM), Legal Affairs Division (BHEUU), Prime Minister Department (JPM), and five Children Court advisors (who are representing the urban and rural areas). The study found that the Children Court advisor was recognized in 1947 via the Juvenile Court Act 1947. However, there are several issues and challenges to be addressed including the jurisdiction, governance structure, a mechanism of execution of duties, appointment criteria, the appointment process, modules, and training for Children Court advisors. The absence of guidelines, specific regulations, or manuals has limited the functions and roles of the Children Court advisor. This study suggests a better legal framework for the Children Court advisors to increase their credibility and professionalism. Thus, they can play an effective role in the juvenile justice system in Malaysia.

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(Leich), Marian Nash. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 92, no. 2 (April 1998): 243–72. http://dx.doi.org/10.2307/2998034.

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In January 1998, the Department of State released its Publication 10518, Consular Notification and Access: Instructions for Federal, State, and Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the Rights of Consular Officials to Assist Them. Prepared in the Office of the Legal Adviser, the booklet contains “instructions and guidance relating to the arrest and detention of foreign nationals, deaths of foreign nationals, the appointment of guardians for minors or incompetent adults who are foreign nationals, and related issues pertaining to the provision of consular services to foreign nationals in the United States.” The foreword points out that cooperation of federal, state and local law enforcement agencies in ensuring treatment of foreign nationals in accordance with the instructions not only will permit the United States to comply with its consular legal obligations domestically, but also will help ensure that the United States can insist upon “rigorous compliance by foreign governments with respect to United States citizens abroad.”

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46

Questiaux, Nicole. "Do the Opinions Expressed by the Conseil D'Etat in its Capacity as Legal Adviser to the Government Influence Policy?" International and Comparative Law Quarterly 49, no. 3 (July 2000): 672–79. http://dx.doi.org/10.1017/s0020589300064435.

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My title for this article reflects a very proper question for a foreign audience which has become more familiar than in the past with the dual (consultative and judicial) role of the French Conseil d'etat. For many years, interest in Britain focused on the judicial function of the Conseil. More recently, attention has shifted to the activities of the “sections administratives”, which involve the screening and the drafting of all the proposed legislation and the essential part of subordinate regulations prepared by government. I have the feeling this interest is probably fuelled by the recent constitutional changes in the United Kingdom, and the need to prevent legal difficulties cropping up between different and new political bodies.

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McWhinney, E. "President Bush and the New U.S. National Security Strategy: The Continuing Relevance of the Legal Adviser and International Law." Chinese Journal of International Law 1, no. 2 (January 1, 2002): 421–36. http://dx.doi.org/10.1093/oxfordjournals.cjilaw.a000438.

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48

Gehring, Donald D. "THE LEGAL LIMITATIONS ON STATEMENTS MADE BY ADVISORS." NACADA Journal 7, no. 2 (September 1, 1987): 64–68. http://dx.doi.org/10.12930/0271-9517-7.2.64.

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Academic advisors serve a useful and necessary function in higher education. The nature of the academic advisor's role requires that he or she receive and transmit information concerning advisees. In fulfilling this role, an advisor is often defined by the legal concept of “agent.” This entitles the advisor to specific legal privilege, but it also holds the advisor accountable for actions taken within the scope of his or her employment. Acting beyond this scope could be grounds for personal liability rather than liability as an agent of the college or university. This article outlines the legal parameters that define the liability of an advisor for statements made in transmitting information to or about students.

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Craig, Elizabeth. "From soft to hard law?" Focaal 2010, no. 56 (March 1, 2010): 35–48. http://dx.doi.org/10.3167/fcl.2010.560103.

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This article explores the use of soft law by those involved in the drafting of a Bill of Rights for Northern Ireland, drawing in particular on the author's experiences as legal adviser to the Culture, Identity, and Language Working Group of the Northern Ireland Bill of Rights Forum. The article reflects on the extent to which the Council of Europe's Framework Convention for the Protection of National Minorities 1995 and other relevant international instruments can be considered as forms of international soft law. It then highlights controversies that have arisen in debates over the content and scope of provisions addressing culture, identity, and language issues in any future Bill of Rights for Northern Ireland.

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Lee, Taek Sun. "A Study on the Activities of US Military Legal Adviser Charles Pergler in Korea from April, 1946 to September, 1948." Korean Association of International Association of Constitutional Law 24, no. 1 (April 18, 2018): 37–76. http://dx.doi.org/10.24324/kiacl.2018.24.1.37.

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