Academic literature on the topic 'Substantial fairness'
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Journal articles on the topic "Substantial fairness"
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Wheeler, Malcolm E., and Theresa Wardon Benz. "Litigation Financing: Balancing Access with Fairness." Journal of Tort Law 13, no. 2 (November 18, 2020): 281–301. http://dx.doi.org/10.1515/jtl-2020-2007.
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AbstractLitigation financing of plaintiffs by financiers other than the law firms representing the plaintiffs in the litigation is now a multi-billion-dollar industry. Contrary to assertions by advocates for such litigation financing, such litigation financing does not increase fairness and justice to poor and middle-class victims. Instead, it creates substantial problems beyond any associated with standard contingent-fee agreements between plaintiffs and the lawyers who represent them.This article describes the multiple ways in which the litigation-financing industry harms poor and middle-class tort plaintiffs and generates inefficient uses of judicial resources and jurors' time. It then recommends actions that courts can take to reduce those problems.
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Park, Sungmin, and Taejin Lee. "Substantial Fairness in the Administrative and Judicial Process of Medicine Price Cut in Korea." KOREAN SOCIETY OF LAW AND MEDICINE 20, no. 1 (July 1, 2019): 25–43. http://dx.doi.org/10.29291/kslm.2019.20.1.025.
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Posick, Chad, and Heather Hatfield. "Putting H.E.A.R.T. into policing: a 21st century model for effective and fair policing." Policing: An International Journal of Police Strategies & Management 40, no. 1 (March 20, 2017): 128–40. http://dx.doi.org/10.1108/pijpsm-07-2016-0113.
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Purpose Police-community relations are currently at a cross-road. Incidents over the past several years have severely damaged trust and faith in the police – particularly in minority communities. Society is faced with the choice of accepting an “us-vs-them” mentality with police on one side and citizens on the other or banding together to advance police-community coproduction in reducing violence. The purpose of this paper is to advance the latter by introducing a model for police to follow in police-citizen interactions in an effort to increase perceptions of fairness and legitimacy of police officers and police departments. Design/methodology/approach Using data from the National Police Research Platform’s Police-Community Interaction Survey, correlates of perceptions of fairness in police-community encounters as well as variation in agency-level fairness across 53 jurisdictions are examined. Findings Results show that application of the H.E.A.R.T. medical model is the most significant and substantial correlate of perceived fairness of police-community interactions and accounts for agency-level differences in perceived fairness. Originality/value The results highlight important ways that police can improve their image in the community and with minority communities in particular.
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Cao, Zhaoyu, Xu Zhao, Yucheng Zou, Kairong Hong, and Yanwei Zhang. "Multidimensional Fair Fuzzy Equilibrium Evaluation of Housing Expropriation Compensation from the Perspective of Behavioral Preference: A Case Study from China." Mathematics 9, no. 6 (March 18, 2021): 650. http://dx.doi.org/10.3390/math9060650.
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With the rapid development of urbanization, substantial land areas and houses are expropriated, which can cause huge numbers of disputes related to expropriation compensation. The root of the disputes is that the associated subjects are affected by various behavioral preferences and make different cognitive fairness judgments based on the same compensation price. However, the existing expropriation compensation strategies based on the market value under the assumption of “the economic man” hypothesis cannot meet the fairness preference demands of the expropriated. Therefore, finding a compensation price that satisfies subjects’ multidimensional fairness preferences, including profit-seeking, loss aversion, and interactive fairness preferences, is necessary. Only in this way can the subjects reach an agreement regarding fair compensation and resolve their disputes. Because of the fuzziness of subjects’ expected revenues, this paper innovatively introduces trigonometric intuitional fuzzy numbers to construct one-dimensional and multidimensional fair fuzzy equilibrium evaluation models. The Technique for Order Preference by Similarity to an Ideal Solution (TOPSIS) method is adopted to convert a multidimensional problem into a multiattribute group decision problem, which simplifies the problem of finding multidimensional equilibrium when considering the multidimensional fairness preferences of the two subjects. Real case data are introduced to verify the validity of this method. The research results show that upward revision of the multidimensional fairness preferences based on the market value assists in achieving a fair compensation agreement. Consideration of the influence of the subjects’ multidimensional fairness preferences on the fairness equilibrium is conducive to resolving the disputes, and provides a reference for the settlement of expropriation compensation disputes in developing countries.
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Foley, Sharon, Deborah L. Kidder, and Gary N. Powell. "The Perceived Glass Ceiling and Justice Perceptions: An Investigation of Hispanic Law Associates." Journal of Management 28, no. 4 (August 2002): 471–96. http://dx.doi.org/10.1177/014920630202800401.
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This study examined the relationship between the perceived glass ceiling, perceptions of promotion fairness, and attitudinal outcomes for a sample of Hispanic lawyers. The results showed that gender and perceptions of ethnic discrimination were positively related to perceptions of a glass ceiling, whereas the proportion of Hispanic law associates in the organization was negatively related to a perceived glass ceiling. The perceived glass ceiling was negatively related to perceptions of promotion fairness, which in turn were positively related to perceived career prospects and negatively related to intentions to leave. Overall, perceived glass ceiling had a substantial impact on turnover intentions. Implications are discussed.
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Landis, Jean M., and Lynne Goodstein. "When Is Justice Fair? An Integrated Approach to the Outcome Versus Procedure Debate." American Bar Foundation Research Journal 11, no. 4 (1986): 675–707. http://dx.doi.org/10.1111/j.1747-4469.1986.tb00262.x.
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Defendants’ perceptions of the fairness of their criminal processing outcomes have been the stated concern of some criminal justice reformers. Past research has suggested that these perceptions are influenced by characteristics of the outcome received as well as by characteristics of the process through which the outcome is imposed. This analysis tests a theoretical path model of perceived outcome fairness, which examines the relative influence of both outcome and process characteristics, using survey data collected from 619 prison inmates incarcerated in Minnesota and Illinois. The results indicate that factors related to both outcome and process significantly influence sample inmates’ perceptions of their criminal justice processing outcomes and together explain a substantial portion of the total variance. However, two process-related characteristics are found to be the most powerful predictors of perceived outcome fairness. Inmates’ perceptions that they are fairly treated by their lawyer, judge, and prosecutor are the strongest correlates of perceived outcome fairness, followed by the mode of disposition through which their outcomes are imposed; inmates who plea bargain are more likely than those who go to trial to perceive their outcome as fair.
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Ma, Lu, Xiangming Wen, Luhan Wang, Zhaoming Lu, Raymond Knopp, and Irfan Ghauri. "A Biological Model for Resource Allocation and User Dynamics in Virtualized HetNet." Wireless Communications and Mobile Computing 2018 (September 27, 2018): 1–11. http://dx.doi.org/10.1155/2018/1745904.
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Virtualization technology is considered an effective measure to enhance resource utilization and interference management via radio resource abstraction in heterogeneous networks (HetNet). The critical challenge in wireless virtualization is virtual resource allocation on which substantial works have been done. However, most existing researches on virtual resource allocation focus on improving total utility. Different from the existing works, we investigate the dynamic-aware virtual radio resource allocation in virtualization based HetNet considering utility and fairness. A virtual radio resource management framework is proposed, where the radio resources of different physical networks are virtualized into a virtual resource pool and mobile virtual network operators (MVNOs) compete for virtual resources from the pool to provide service to users. A virtual radio resource allocation algorithm based on biological model is developed, considering system utility, fairness, and dynamics. Simulation results are provided to verify that the proposed virtual resource allocation algorithm not only converges within a few iterations, but also achieves a better trade-off between total utility and fairness than existing algorithm. Besides, it can also be utilized to analyze the population dynamics of system.
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Bielecki, Tomasz R., Igor Cialenco, Marcin Pitera, and Thorsten Schmidt. "Fair estimation of capital risk allocation." Statistics & Risk Modeling 37, no. 1-2 (March 1, 2020): 1–24. http://dx.doi.org/10.1515/strm-2019-0011.
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AbstractIn this paper, we develop a novel methodology for estimation of risk capital allocation. The methodology is rooted in the theory of risk measures. We work within a general, but tractable class of law-invariant coherent risk measures, with a particular focus on expected shortfall. We introduce the concept of fair capital allocations and provide explicit formulae for fair capital allocations in case when the constituents of the risky portfolio are jointly normally distributed. The main focus of the paper is on the problem of approximating fair portfolio allocations in the case of not fully known law of the portfolio constituents. We define and study the concepts of fair allocation estimators and asymptotically fair allocation estimators. A substantial part of our study is devoted to the problem of estimating fair risk allocations for expected shortfall. We study this problem under normality as well as in a nonparametric setup. We derive several estimators, and prove their fairness and/or asymptotic fairness. Last, but not least, we propose two backtesting methodologies that are oriented at assessing the performance of the allocation estimation procedure. The paper closes with a substantial numerical study of the subject and an application to market data.
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Suparman, Eman. "PENDISTRIBUSIAN KEADILAN OLEH PENGADILAN SERTA BUDAYA HUKUM DALAM PENYELESAIAN SENGKETA." Jurnal Hukum dan Peradilan 1, no. 3 (November 30, 2012): 399. http://dx.doi.org/10.25216/jhp.1.3.2012.399-416.
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Handle civil disputes in general, for many the sense how the courts considered too laden with procedures, formalistic, rigid, and slow to make a decision on a dispute. Presumably these factors can not be separated from the judge's perspective on a very rigid laws and normative-procedural law in doing concretization. While a judge should be able to be living interpretator captures the spirit of fairness in society and not bound by the normative-procedural rigor present in a legislation, because the judge is no longer a la bouche de la loi (law funnel). There are indications that the judge did not have enough courage to make decisions that are different from the normative provisions of the law, so that substantial justice is always difficult to achieve through a court verdict, because the judges and the courts will only give formal justice. Assessment of fairness in general terms only from one side only, ie those who receive treatment. The seekers of justice in general, defeated parties in the case, will always provide an assessment that the unjust verdict. It can not be denied is one result of the function and role of the trial run has been oriented towards the success of efforts to support and programs set by the government or the executive. Keywords: normative procedural, formal justice, substantial justice
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Kramer, John H., and Robin L. Lubitz. "Pennsylvania's Sentencing Reform: The Impact of Commission-Established Guidelines." Crime & Delinquency 31, no. 4 (October 1985): 481–500. http://dx.doi.org/10.1177/0011128785031004002.
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Sentencing guidelines have attracted extensive attention as a rational approach to sentencing reform despite little evidence that guidelines act to reduce disparity or increase fairness. This article reports on a major assessment of Pennsylvania's commission-developed guidelines. The findings indicate that the Commission's guidelines have had a substantial impact on sentencing. The article focuses particularly on race, county size, and disparity measures in evaluating the impact of the guidelines. The findings support the conclusion that commission-based guidelines can effect meaningful sentencing reform.
Dissertations / Theses on the topic "Substantial fairness"
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Saprai, Prince. "Defending substantive fairness in contract law." Thesis, University of Oxford, 2009. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504008.
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My thesis makes three claims. First, the courts set aside contracts ('transaction avoidance') because they are substantively unfair, or unfair because of their content or outcome. In some cases, the courts try to disguise this by using the language of procedural fairness to justify transaction avoidance, ie, they say that they are setting contracts aside because of some defect in the way they were entered, usually lack of the promisor's consent caused by her incapacity or the reprehensible conduct of the promisee. However, the cases show that contracts are set aside even though there is no lack of consent. The courts try to dress these cases up in the language of procedural fairness because of freedom of contract. Freedom of contract is the most widely cited objection to substantive fairness, or judicial interference with contract for content-dependent reasons. However, I argue, and this is my second claim, that freedom of contract is not necessarily incompatible with substantive fairness. My third claim is that the existing cases of substantive fairness are morally justified by my theory of autonomy harms. According to it, a good life is an autonomous life. Substantive fairness is justified by the need to protect parties and society more generally from contracts which harm autonomy. The courts implicitly set aside contracts on content-based grounds because they cause five kinds of autonomy harm. These are, harm to: future freedom; threshold wealth; planning; valuable social forms; and the practice of undertaking voluntary obligations. I conclude that the courts should stop disguising cases of substantive fairness, and explicitly adopt autonomy harms and the taxonomy of the law it offers. This would make the legal system more transparent, and easier to criticise and reform.
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Toba, Wilson. "Substantive fairness of dismissal for misconduct." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/355.
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In the employment context employers may view certain conduct/behaviour committed by an employee or a group of employees to be repugnant and unacceptable resulting in the disciplinary action that may lead to a dismissal sanction taken against such employee or employees. Even though the employer has a right to discipline the employees for a contravention of a rule or a policy and even dismiss the employee/s involved, such a disciplinary action and dismissal must be based on a certain procedure where the principle of fairness must be adhered to. The Labour Relations Act 66 of 1995 (“the Act”) and Schedule 8 of the Code of Good Practice deals with the aspects of dismissals related to conduct and capacity, however, each case is unique, it has to be approached on its own merits. Schedule 8(3) states that, “formal procedures in disciplinary measures do not have to be invoked every time a rule is broken or a standard is not met”. It is therefore necessary that there should be a disciplinary code which guides the workers and the employers, it must be clear and be understood by all the parties. The disciplinary code of conduct serves as the foundation of good discipline because everybody knows the consequences of his/her contravention of those guidelines enumerated in the Code of Conduct. The Code of Good Practice under Schedule 8(3), states that “while employees should be protected from arbitrary action, employers are entitled to satisfactory conduct and work performance from their employees”, so a very good relationship between the two parties is most important if there is to be stability and industrial peace in the workplace.
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Van, Staden Louis Jacobus. "Billike arbeidspraktyk vir opvoeders in Suid-Afrikaanse openbare skole / deur Louis Jacobus van Staden." Thesis, North-West University, 2006. http://hdl.handle.net/10394/810.
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Unfair labour practice formed part of South Africa's history throughout
the years. There was not enough legislation to protect all races
against unfair labour practice. The dramatic political, governmental
and social changes over the last decade ensured that South Africa
put new legislation in place to ensure fair labour practice for all races
in South Africa.
This legislation is also implemented in the South Africa education
system to ensure fairness. The Employment of Educators Act and
the South African Schools Act devised legislation to protects the
rights of both the learner and the educator in the education system of
South-Africa.
The aim of this research was to determine whether there is sufficient
legislation to protect the rights of the educator, in which manner unfair
labour practice exists against educators, to what extent unfair labour
practice influences motivation and productivity of educators and what
the perceptions of educators are regarding unfair practice by the
department. This has been done according to a literature study, as
well as an analysis of legislation relevant to the educator, and any
other legislation pertaining to the regulation of labour practice in
South Africa.
The essence of fair labour practice is discussed and validated by
certain court cases which exposed unfair labour practice in South
Africa. These court cases are analysed and discussed to explain the
relevant aspects of the essence.
Interviews were conducted with educators, and questionnaires were
distributed to selected schools, then analysed to obtain their views on
availability of relevant legislation, knowledge and perceptions on
legislation, viewpoint on injustice, viewpoint of educator's motivation
and productivity and possible solutions to limit injustice. It was then
possible to compile certain recommendations and conclusions out of
the information derived from the questionnaires and interviews.
The general impression of the results was that there is a negative
attitude from educators towards the department. Educators feel that
the Department of Education does not protect them adequately.
These educators belief that they are treated unfairly by the
department. The majority of educators feel that the department does
not have enough knowledge of the relevant legislation and this
contributes to unfair action against educators. This unfair labour
practice does influence the motivation and productivity of educators in
the public schools of South Africa. A large number of educators feel
that they are treated unfairly regarding the workload and the
distribution of tasks in the schools. The unmanageable large classes
and restriction of powers of the educator regarding discipline lead to
negativity and a loss of productivity.
When the Department of Education starts paying attention to the
complaints by educators and liaise with schools timeously, it would
ensure a fairer education system and educators would be more
motivated and thus more productive.Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.
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Mothemane, Kgabo Director. "How do principals manage educator misconduct in public schools?" Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/30140.
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This research project is an attempt to determine how principals handle educator misconduct in public schools in a sample of both primary and secondary schools. Procedures on handling misconduct are still new to schools principals. The need to empower principals with knowledge and procedures to handle educator misconduct is the main concern of the study. The main aim of the study is to investigate how principals handle educator misconduct in public schools. It is revealed in the introductory orientation of this study that educator misconduct is one of major challenges in principals' management of schools. Educator misconduct is a continuous problem that principals experience in their management of schools. Principals being given legal authority to handle less serious misconduct at school level, have a mammoth task and responsibility to ensure that procedural requirements are met in such misconduct cases. The attempts to workshop train and educate principals on handling educator misconduct which all proved insufficient. Misconduct among educators is on the increase and principals seem to fall short of handling such misconduct cases properly. In this regard both the literature study and an empirical investigation through interviews are used in the study. Principals are involved because they have a duty to handle educator misconduct. Procedures handling misconduct also involve educators. These data collection methods are useful in providing insights into principals' handling of educator misconduct as well as getting educators' views on how principals handle misconduct cases. The findings and recommendations of this study are expected to improve principals' handling of educator misconduct. The findings are supposed to help principals to realise the need to follow procedural steps and to apply principles of handling misconduct fairly and consistently. Based on what the study will find, it is recommended that principals adhere to principles, rules and procedures of handling misconduct as they serve to empower principals in their management responsibilities. Principals support mechanisms in the form of workshops, seminars and training programme should be provided to ensure that principals are well trained and have clear knowledge in both theory and practice of handling educator misconduct.Dissertation (MEd (Education Management and Policy Studies))--University of Pretoria, 2005.
Education Management and Policy Studies
unrestricted
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Hovell, Devika. "The value of procedure : formalist and substantive approaches to procedural fairness in Security Council sanctions decision-making." Thesis, University of Oxford, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.711638.
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Labuschagne, Sandra. "Sidumo v Rustenbrug Platinum : impact on disciplinary hearings in the workplace / Sandra Labuschagne." Thesis, North-West University, 2011. http://hdl.handle.net/10394/7617.
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Prior to the Constitutional Court's decision in the Sidumo and another v Rustenburg
Platinum Mines Ltd and others (2007) lACC 22 the Commission for Conciliation
Mediation and Arbitration applied the "reasonable employer"–test to determine
whether a specific sanction, issued by an employer, was fair. The "reasonable
employer"–test provided a lot of flexibility to employers to dismiss employees for
misconduct, as employers' decisions to dismiss were "protected" from scrutiny by the
CCMA.
The Constitutional Court replaced the "reasonable employer"–test, which required a
measure of deference to the decision of the employer, with that of the "reasonable
decision maker"–test, which required an answer to the question whether the decision
reached by the commissioner was one that a reasonable decision maker could not
reach? This meant that in the event that the decision reached by the commissioner
was one that a reasonable decision maker could not reach, that the decision of the
commissioner will be overturned on review.
The change in test from a "reasonable employer" to that of a "reasonable decision
maker" had significant implications for employers who are instituting disciplinary
action against their employees and subsequently imposing the sanction of dismissal,
as commissioners are no longer allowed to "defer" to the decision imposed by
employers. The Sidumo test also have implications for employers who are seeking
to take decisions of the CCMA on review, as londo JP held in Fidelity Cash
Management Service v CCMA 2008 29 ILJ 964 (LAC) that it will not be often that an
arbitration award is found to be one that a reasonable decision maker could not have
made.Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2011.
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Stoop, Philip N. "The concept ‘fairness’ in the regulation of contracts under the Consumer Protection Act 68 of 2008." Thesis, 2013. http://hdl.handle.net/10500/8507.
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The thesis analyses the concept ‘fairness’ in consumer contracts regulated by the Consumer Protection Act 68 of 2008, mainly from the perspective of a freedom and fairness orientation. It discusses the evolution of ‘fairness’ as background to a more detailed
discussion of the classification of fairness into substantive and procedural fairness. The thesis examines dimensions of fairness, factors which play a role in the determination of fairness, and fairness- oriented approaches in an attempt to formulate a framework for fairness in
consumer contracts. The main aspects that should be taken into account to justify a finding of fairness, or to determine whether a contract is fair, are identified. This analysis addresses, too, the extent to which the fairness provisions of the Consumer Protection Act are appropriate (with reference to the law of South Africa, Europe, and England).Mercantile Law
LL.D.
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"Substantive Justice How the Substantive Law Shapes Perceived Fairness." Master's thesis, 2011. http://hdl.handle.net/2286/R.I.9075.
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abstract: Psychology of justice research has demonstrated that individuals are concerned with both the process and the outcomes of a decision-making event. While the literature has demonstrated the importance of formal and informal aspects of procedural justice and the relevancy of moral values, the present study focuses on introducing a new form of justice: Substantive justice. Substantive justice focuses on how the legal system uses laws to constrain and direct human behavior, specifically focusing on the function and the structure of a law. The psychology of justice literature is missing the vital distinction between laws whose function is to create social opportunities versus threats and between laws structured concretely versus abstractly. In the present experiment, we found that participant evaluations of the fairness of the law, the outcome, and the decision-maker all varied depending on the function and structure of the law used as well as the outcome produced. Specifically, when considering adverse outcomes, individuals perceived laws whose function is to create liability (threats) as being fairer when structured as standards (abstract guidelines) rather than rules (concrete guidelines); however, the opposite is true when considering laws whose function is to create eligibility (opportunities). In juxtaposition, when receiving a favorable outcome, individuals perceived laws whose function is to create liability (threats) as being fairer when defined as rules (concrete guidelines) rather than standards (abstract guidelines).Dissertation/Thesis
M.A. Psychology 2011
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Masumbe, Paul Sakwe. "Faultless dismissal: assessing the substantive fairness in dismissal for operational requirements." Thesis, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6655_1380712655.
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Arries, Phillip Cornelius. "Opvoeders se persepsie oor billikheid in die werkplek / Phillip Cornelius Arries." Thesis, 2013. http://hdl.handle.net/10394/11188.
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In education a new dimension started after the 1994 elections by implementing new legislation to ensure
fair conduct towards all. New labour legislation was promulgated to contribute to fairness in
South Africa. This legislation was also implemented in the South African education system to ensure
that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act
(LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the
rights of the employer and the educator in education.
The purpose of this research was to determine the perception of educators in the Oudtshoorn district
regarding fairness in the workplace; how educators understand and experience their right to equality
in the workplace; what their perception is regarding disciplinary action in the workplace, and to what
extent educators have the basic concept and principle of labour law to prevent frustration in the workplace
and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial
that the educator knows his or her rights as an employee, and what his or her obligations towards the
employer are. This research was done on the basis of the literature study and the analysis of legislation
that is applicable to educators.
A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst
participants from the Oudtshoorn district, which included schools from different socio-economic and
cultural backgrounds. This case study was based on interviews with school managers, educators on
post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured
to obtain the participants’ view and perception on fairness in the workplace and to determine their
knowledge regarding the law and their rights in education with regards to labour law. The participants
didn’t receive guidance because it could have influenced their answers. The data derived from the
participants made it possible to compile certain recommendations and conclusions.
From the empirical research it was evident that educators in the Oudtshoorn district had but a vague
knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this
study were addressed, recommendations were made, and possible future research on related topics
was indicated.MEd (Education Law), North-West University, Potchefstroom Campus, 2014
Books on the topic "Substantial fairness"
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A, Smith Stephen. Understanding substantive fairness. [Toronto]: Faculty of Law, University of Toronto, 1995.
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Cabrelli, David. 16. Introduction to Unfair Dismissal and Substantive Fairness. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198813149.003.0016.
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This chapter begins with a contextual and historical introduction to unfair dismissal law, which seeks to regulate arrangements pursued by employers that result in the dismissal of their employees. It covers the efficiency of unfair dismissal laws; the structure, nature, content, and shape of unfair dismissal laws; and the rationale for the introduction of the unfair dismissal laws in the UK. It then examines the statutory unfair dismissal regime contained in Part X of the Employment Rights Act 1996, and the meaning of the ‘substantive fairness’ of the dismissal. In the final section, the chapter considers the response of the courts and tribunals to the provisions on substantive fairness of dismissals.
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William A, Schabas. Part 6 The Trial: Le Procès, Art.66 Presumption of innocence/Présomption d’innocence. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0070.
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This chapter comments on Article 66 of the Rome Statute of the International Criminal Court. The presumption of innocence is enshrined in article 11(1) of the Universal Declaration of Human Rights and echoed in the universal and regional human rights conventions. It provides a cornerstone for the fairness of the trial in a substantive as well as a procedural sense. Article 66 declares that everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law. The burden is on the Prosecutor to prove the guilt of the accused. The Court must be convinced of the guilt of the accused beyond reasonable doubt in order to convict the accused.
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Ferguson, Benjamin. Exploitation. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190228637.013.113.
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The concept of exploitation is often invoked in situations where relatively impoverished people are treated unfairly in economic and social contexts. While the claim that exploitation involves taking unfair advantage is broadly accepted, there is little consensus about what fairness requires and whether unfairness is seriously wrong in the context of exchanges. One family of accounts claims that exploitation involves the maldistribution of resources, either because exploitative transactions result in distributions that violate substantive norms of fairness, or because procedural flaws in the way exploitative transactions come about entail that their outcomes are unfair.A second, domination-based approach to exploitation claims that the moral flaw embodied by exploitative relations is the exploiter’s disrespectful use of his power over the exploitee. While exploiters’ domination of others may lead to maldistributions, defenders of the domination-based approach argue that distributive unfairness is neither necessary nor sufficient for exploitative relations.These approaches both face two kinds of challenges. The first concerns the scope. Neither appears to provide necessary and sufficient conditions that are adequate to capture all and only cases commonly described as exploitation. The second concerns the normative status. Exploitation is typically assumed to be morally impermissible, yet neither approach seems to satisfactorily explain how exploitations that nevertheless generate significant welfare gains for both parties can be wrong.
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Annabelle, Möckesch. Part 2 Determining the Applicable Attorney–Client Privilege Standard, 8 Applicable Privilege Standard in International Commercial Arbitration. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198795865.003.0008.
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This chapter contains an analysis of the most appropriate way to determine the applicable attorney–client privilege standard in international commercial arbitration. To this end, this chapter deals with the characterization of privilege as substantive or procedural, the legal framework for attorney–client privilege in international commercial arbitration, international mandatory rules of law, and the enforcement regime under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Against this background, the chapter includes an analysis of the possible approaches to determining the privilege standard. These include the application of general principles of law, the application of a single national law determined through a choice-of-law approach such as the closest connection test, the cumulative application of several national laws, and the creation of an autonomous standard defining the scope of attorney–client privilege. Lastly, the chapter examines whether corrective measures, such as the lowest common denominator approach or the most protective rule, are needed to ensure equal treatment of the parties and fairness of the proceedings. This chapter concludes with key findings on how to determine the applicable attorney–client privilege standard in international commercial arbitration.
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Ahmed, El Far. Abuse of Rights in International Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198850380.001.0001.
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In recent years, international arbitration has become plagued by different forms of substantive and procedural abuse. For example, we have witnessed a rise in cases where parties restructure their investments in an abusive manner by altering one of its features purely to gain access to ICSID arbitration. Similarly, the increasingly common practice of initiating parallel arbitral proceedings in order to maximise a party’s chances of success, and the possibility of inconsistent decisions pose a risk to standards of fairness. Abusive practices designed by parties to prejudice their opponents may undermine the fair resolution of disputes and frustrate the administration of arbitral justice. There are pre-existing tools and legal rules that can be utilised to prevent abuse. However, these tools are inherently rigid in their application and fail to remedy all forms of abuse. Abuse of Rights in International Arbitration introduces the principle of abuse of rights and considers its application as a general principle of law to prevent different forms of substantive and procedural abuse in international arbitration. The virtue of a single theory with a wide scope and an overarching premise is that it is a principle, which involves equity considerations, enjoys the flexibility of general principles of law, and can address different abusive behaviours. The author carefully examines the legal basis and core elements of abuse of rights and analyses the relevant case law to address how the principle may affect administration of arbitral justice. Arguing for the application of abuse of rights as a general principle of law, the author expertly examines how it could apply in both international commercial and investment arbitration to tackle procedural misconduct and different abusive practices.
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Laurent, Sylvie, and William Julius Wilson. King and the Other America. University of California Press, 2019. http://dx.doi.org/10.1525/california/9780520288560.001.0001.
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Did the Civil rights movement of the Fifties and Sixties fail to address economic issues and to grasp that class, beyond just race, was the main cleavage and the greater hindrance in American Society? Many historians and social scientists contend that the movement too narrowly circumscribed its mission, deceptively assuming that specific race-based demands were the only way to achieve social equality and racial fairness. This book argues that, despite an inability to hamper a growing class divide, significant members of the Black Liberation movement actually intertwined civil rights to economic issues, some of them defending that class was trumping race when it comes to racial equality. Time has come, they argued, to build an interracial coalition which would bring substantive freedom to the lesser-off of America, Blacks being at rock bottom. This book will demonstrate that Martin Luther King Jr. was profoundly shaped by their conviction that racial equality was embedded in the broader class struggle, as illustrated by the forgotten Poor People’s Campaign of 1968. Although carried out postumously, the Poor People’s campaign, presented as much an interracial mass mobilization demanding redistribution as the culmination of King’s comprehension of the entanglement of class and race. It also dovetailed with compelling academic works which, either preceding or following the campaign, have vindicated its framework.
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della Cananea, Giacinto, and Mauro Bussani. Judicial Review of Administration in Europe. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.001.0001.
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This book is about judicial review of public administration. Many have regarded this as dividing European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveal not only differences but also some common and connecting elements, in a ‘common core’ perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are more or less distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the ‘common core’ method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a ‘common core’ exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.
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Daly, Paul. Understanding Administrative Law in the Common Law World. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896919.001.0001.
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This book has three goals: to enhance understanding of administrative law; to guide future development of the law; and to justify the core features of the contemporary law of judicial review of administrative action. Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland and New Zealand, Dr Daly develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies and the scope of judicial review, everything from the rule against bias to jurisdictional error to the application of judicial review principles to non-statutory bodies. Addressing this wide array of subjects in detail, Dr Daly demonstrates how his pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance academics’, students’, practitioners’ and judges’ understanding of administrative law. Furthermore, this pluralist approach is capable of guiding the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. Dr Daly closes by arguing that his values-based, pluralist framework supports the legitimacy of contemporary administrative law which although sometimes called into question in fact facilitates the flourishing of individuals, of public administration and of the liberal democratic system.
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Mpedi, Letlhokwa George, ed. Santa Claus: Law, Fourth Industrial Revolution, Decolonisation and Covid-19. African Sun Media, 2020. http://dx.doi.org/10.18820/9781928314837.
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The origins of Santa Claus, or so I am told, is that the young Bishop Nicholas secretly delivered three bags of gold as dowries for three young girls to their indebted father to save them from a life of prostitution. Armed with immortality, a factory of elves and a fleet of reindeer, his has been a lasting legacy, inextricably linked to Christmas. Of course, this Christmas looks a little different. Amidst a global pandemic, shimmying down the chimneys of strangers certainly does not adhere to social distancing guidelines. Some borders remain closed, and in some instances, the quarantine period is far too long. After all, he only has 24 hours to spread cheer across the world. As with the rest of us, Santa Claus is likely to get the remote working treatment. The reindeers this year are likely to be self-driving, reminiscent of an Amazon swarm of technology, and the naughty and nice lists are likely to be based on algorithms derived from social media accounts. In the age of the fourth industrial revolution, it is difficult to imagine that letters suffice anymore. How many posts were verified as real before shared? Enough to get you a drone. Fake news? Here is a lump of coal. Will we see elves in personal protective equipment (PPE) and will Santa Claus, high risk because of age and his likely comorbidities from the copious amount of cookies, have to self-isolate in the North Pole? In fact, will there be any toys at all this year? Surely production has been stalled with the restrictions on imports and exports into the North Pole. Perhaps, there is a view to outsourcing, or perhaps, there is a shift towards local production and supply chains. More importantly, as we have done in many instances in this period, maybe we should pause to reflect on the current structures in place. The sanctification of a figure so clearly dismissive of the Global South and to be critical, quite classist must be called into question. From some of the keenest minds, the contributions in this book make a strong case against this holly jolly man. We traverse important topics such as, is the constitution too lenient with a clear intruder who has conveniently branded himself a Good Samaritan? Allegations of child labour under the guise of elves, blatant animal cruelty, constant surveillance in stark contrast to many democratic ideals and his possible threat to national security come to the fore. Nevertheless, as the song goes, he is aware when you are asleep, and he knows when you are awake. Is feminism a farce to this beloved man – what role does Mrs Claus play and why are there inherent gender norms in his toys? Then is the worry of closed borders and just how accurate his COVID-19 tests are. Of course, this brings his ethics into question. While there is an agreement that transparency, justice and fairness, nonmaleficence, responsibility, and privacy are the core ethical principles, the meaning of these principles differs, particularly across countries and cultures. Why are we subject to Santa Claus’ notions of good and evil when he is so far removed from our context? As Richard Thaler and Cass Sunstein would tell you, this is fundamentally a nudge from Santa Claus for children to fit into his ideals. A nudge, coined by Thaler, is a choice that predictably changes people’s behaviour without forbidding any options or substantially changing their economic incentives. Even with pinched cheeks and an air of holiday cheer, Santa Claus has to come under scrutiny. In the process of decolonising knowledge and looking at various epistemologies, does Santa still make the cut?
Book chapters on the topic "Substantial fairness"
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Metcalf, Gilbert E. "What to Do with $200 Billion: Give It Back." In Paying for Pollution, 87–98. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190694197.003.0007.
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This chapter discusses how economists measure the burden of a carbon tax—which households have less spending power because of the tax. It also discusses fairness in the tax code and how the revenue, which can be substantial, from a carbon tax can be returned to households and businesses in ways that enhance the fairness and efficiency of the overall tax system. A common belief is that a carbon tax is regressive—that it disproportionately burdens poor households. Studies discussed in this chapter refute this belief and argue that judicious use of the carbon tax revenue can make a carbon tax reform (tax and return of the revenue) even more progressive.
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"Substantive fairness." In Economics of Legal Relationships. Routledge, 2004. http://dx.doi.org/10.4324/9780203502211.ch8.
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Endicott, Timothy. "Substantive fairness." In Administrative Law, 267–306. Oxford University Press, 2011. http://dx.doi.org/10.1093/he/9780199601752.003.0008.
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Galanter, Marc. "Reflections on Why the “Haves” Come Out Ahead." In Discussions in Dispute Resolution, 317–20. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197513248.003.0065.
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That Why the “Haves” Come Out Ahead retains substantial relevance after half a century is surprising and of course gratifying. The preceding comments helpfully note some of its omissions and anachronisms. What endures is the perspective that law is, among other things, both an arena and an instrument in the struggle for human felicity and fairness. Although law is not the master orderer of human societies—a realization that remains hard to digest for many who practice, produce, and chronicle it—it is a powerful instrument of social control and social change....
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Endicott, Timothy. "8. Substantive fairness." In Administrative Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804734.003.0008.
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This chapter shows that judges must substitute their own judgment for that of an administrative authority on some issues, in order to give effect to the principle of legality. When there is reason for non-deferential judicial review, deference would mean abandoning the rule of law. The more interventionist grounds on which judges will control the substance of some decisions—relevance, proportionality, and legitimate expectations—may involve little deference, depending on the type of decision and the context in which it is made. Each of the interventionist doctrines gives the judges the opportunity to do justice for a claimant and to improve public administration. For the very same reasons, each doctrine poses a danger that the judges will make themselves into surrogate administrators by overextending the grounds of judicial review
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Endicott, Timothy. "8. Substantive fairness." In Administrative Law, 275–316. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714507.003.0008.
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Collins, Hugh. "Substantive Fairness in Disciplinary Dismissals." In Justice in Dismissal, 70–103. Oxford University Press, 1992. http://dx.doi.org/10.1093/acprof:oso/9780198254355.003.0004.
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Pierson, Christopher. "Libertarians II." In Just Property, 81–107. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198787105.003.0005.
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This chapter continues the evaluation of ideas about property amongst libertarians. I explore a number of key ideational moves through which libertarians seek to save their views from the ambiguities in Nozick’s account. These ideas include claims about a natural right to appropriate, the absence of limits upon individual acquisition of property, and a particular understanding of the consequences of ‘owning ourselves’, of ‘mixing one’s labour’, and of seeing property as an ‘action’. I offer a substantial critique of all these defences of unlimited acquisition. I consider the rather different libertarianism defended in John Tomasi’s Free Market Fairness before moving on to the distinctive position developed by so-called ‘left libertarians’. Key libertarians ‘on the right’ are Edward Feser, Lloyd P. Gerson, John Sanders, Jan Narveson, David Schmidtz, A.John Simmons, and Bas van der Vossen. My key ‘left libertarians’ are Hillel Steiner, Michael Otsuka, and Phillippe Van Parijs.
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Rosemary, Langford. "Related Party Regimes and Other Specific Statutory Regimes." In Company Directors’ Duties and Conflicts of Interest. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198813668.003.0009.
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This chapter gives an overview of specific statutory regimes that require shareholder approval where directors are conflicted. These include related party provisions, as well as detailed regimes governing directors’ service contracts, substantial property transactions, loans and quasi-loans, credit transactions and related arrangements, and payments for loss of office. Each of these provisions is, in a sense, a more specific enunciation of the broader prohibition on conflicts. These regimes apply to situations in which corporate history has shown that a requirement of board approval was insufficient to combat inherent conflicts, undermining directors’ accountability. Shareholder approval is now therefore required. Securities regulators in each jurisdiction impose additional requirements (such as disclosure) to ensure transparency and fairness. Given that related party regimes deserve a book in their own right this chapter is necessarily an overview. It outlines the UK position and key features of the regimes in Australia and Hong Kong for comparison.
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Koidl, Kevin. "A Theoretical Concept to Increase the Trustworthiness of Online and Offline Debates with Real-Time AI Speech Analytics." In Computer-Mediated Communication [Working Title]. IntechOpen, 2021. http://dx.doi.org/10.5772/intechopen.98442.
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Debates are an essential democratic institution in danger by the rise of Social Media. The advent of Fake News often referred to as the ‘crisis of trust’, has led to a substantial increase in debates that blend online and offline. It can be argued that blended approaches are not directly linked to increasing trustworthiness in the debate. To overcome this trust crisis and increase the reliability in debates, we introduce the HELIOSPHERE concept that seeks to use technological advances, such as Artificial Intelligence and Augmented Reality, to create a more fair, inclusive and transparent debate. The critical component for inclusiveness is Augmented Reality technology and 3D camera technology to hybridise the online and offline debating space and ensure that anyone who cannot be present can engage with the debate. For transparency and fairness, a key indicator of trust, an Artificial Intelligence dashboard is introduced to analyse and visualise speaking time, speaker gender, topic relatedness, bias detection sentiment in Real-Time. This work presents the overall theoretical concept focusing on academic and technical concepts to support reliable communication within debates.
Conference papers on the topic "Substantial fairness"
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Xu, Huanle, Yang Liu, Wing Cheong Lau, and Rui Li. "Combinatorial Multi-Armed Bandits with Concave Rewards and Fairness Constraints." In Twenty-Ninth International Joint Conference on Artificial Intelligence and Seventeenth Pacific Rim International Conference on Artificial Intelligence {IJCAI-PRICAI-20}. California: International Joint Conferences on Artificial Intelligence Organization, 2020. http://dx.doi.org/10.24963/ijcai.2020/354.
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The problem of multi-armed bandit (MAB) with fairness constraint has emerged as an important research topic recently. For such problems, one common objective is to maximize the total rewards within a fixed round of pulls, while satisfying the fairness requirement of a minimum selection fraction for each individual arm in the long run. Previous works have made substantial advancements in designing efficient online selection solutions, however, they fail to achieve a sublinear regret bound when incorporating such fairness constraints. In this paper, we study a combinatorial MAB problem with concave objective and fairness constraints. In particular, we adopt a new approach that combines online convex optimization with bandit methods to design selection algorithms. Our algorithm is computationally efficient, and more importantly, manages to achieve a sublinear regret bound with probability guarantees. Finally, we evaluate the performance of our algorithm via extensive simulations and demonstrate that it outperforms the baselines substantially.
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Tsang, Alan, Bryan Wilder, Eric Rice, Milind Tambe, and Yair Zick. "Group-Fairness in Influence Maximization." In Twenty-Eighth International Joint Conference on Artificial Intelligence {IJCAI-19}. California: International Joint Conferences on Artificial Intelligence Organization, 2019. http://dx.doi.org/10.24963/ijcai.2019/831.
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Influence maximization is a widely used model for information dissemination in social networks. Recent work has employed such interventions across a wide range of social problems, spanning public health, substance abuse, and international development (to name a few examples). A critical but understudied question is whether the benefits of such interventions are fairly distributed across different groups in the population; e.g., avoiding discrimination with respect to sensitive attributes such as race or gender. Drawing on legal and game-theoretic concepts, we introduce formal definitions of fairness in influence maximization. We provide an algorithmic framework to find solutions which satisfy fairness constraints, and in the process improve the state of the art for general multi-objective submodular maximization problems. Experimental results on real data from an HIV prevention intervention for homeless youth show that standard influence maximization techniques oftentimes neglect smaller groups which contribute less to overall utility, resulting in a disparity which our proposed algorithms substantially reduce.