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Article

Comments and Content from Virtual International Online Dispute Resolution Forum

1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR)

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Authors David Allen Larson, Noam Ebner, Jan Martinez e.a.
Abstract

    For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations:

    • David Allen Larson – ODR Accessibility

    • Noam Ebner – Human Touch

    • Jan Martinez & Amy Schmitz – ODR and Innovation

    • Frank Fowlie – Online Sport Dispute Resolution

    • Larry Bridgesmith – AI Introductory Notes

    • Julie Sobowale – AI and Systemic Bias

    • Clare Fowler – DEODRISE

    • Michael Wolf – ODR 2.0 System Design

    • Chris Draper – Algorithmic ODR

    • Zbynek Loebl – Open ODR


David Allen Larson

Noam Ebner

Jan Martinez

Amy Schmitz

Frank Fowlie

Larry Bridgesmith

Julie Sobowale

Clare Fowler

Michael Wolf

Chris Draper

Zbynek Loebl
Article

Access_open Overturning Wrongful Convictions by Way of the Extraordinary Review

The Spanish Experience

Journal Erasmus Law Review, Issue 4 2020
Keywords extraordinary review, remedies, fair trial, wrongful convictions, criminal justice, innocence, procedural safeguards, justice
Authors Lorena Bachmaier Winter and Antonio Martínez Santos
AbstractAuthor's information

    According to the traditional view, the ultimate aim of the extraordinary review (recurso de revisión) provided in the Spanish justice system was to deal with wrongful criminal convictions and correct those serious miscarriages of justice which became apparent only after the judgment had become final. However, the 2015 reform called this traditional view into question by formally including two additional grounds for review that are not necessarily related to the correcting miscarriages or blatant mistakes in the assessment of the facts made by the sentencing court. This paper aims to give an overview of the extraordinary review in Spain. To that end it will first address the legal framework and its practical implementation, as well as present pitfalls and best practices. Finally, future trends and challenges will be identified in order to improve the protection of defendants who have suffered a wrongful conviction.


Lorena Bachmaier Winter
Lorena Bachmaier Winter is Professor of Law at the Universidad Complutense de Madrid.

Antonio Martínez Santos
Antonio Martínez Santos is Associate Professor of Law, Francisco de Vitoria University, Madrid.

    In 2010, the Scientific and Technical Subcommittee of the UNCOPUOS formed the Working Group on Long Term Sustainability (LTS) of Outer Space Activities, assigning it the task of formulating voluntary non-binding guidelines focusing on sustainable space utilization, space debris and space operations, space weather, and regulatory regimes. At its June 2016 meeting, the UNCOPUOS approved 12 of the proposed guidelines, while several remained on the UNCOPUOS agenda. Although the LTS Guidelines are voluntary, their adoption by the UNCOPUOS and consideration by the UNGA’s 4th Committee, are evidence of a growing awareness of their potential contribution to the evolution of space law applicable to all states. This paper explores whether the LTS Guidelines could evolve into customary legal norms as part of customary international law (CIL) and steps that could promote that evolution.


Larry F. Martinez
California State University, Long Beach, USA.

James H. Armstead
Attorney, USA.

Merve Erdem
University of Ankara, Turkey.

Anton de Waal
Anton de Waal Alberts, Parliament of South Africa.

Peter Martinez
Peter Martinez, SpaceLab, Department of Electrical Engineering, University of Cape Town.
Article

Elon, Fly Me to the Moon!

Legal Dimensions of Space Tourism beyond Earth Orbit

Journal International Institute of Space Law, Issue 2 2017
Authors Larry F. Martinez and Maria A. Pozza
Author's information

Larry F. Martinez
Larry F. Martinez, California State University, Long Beach, CA 90840-4605 USA, Larry.Martinez@csulb.edu.

Maria A. Pozza
Maria A. Pozza, Lane Neave, 141 Cambridge Terrace, Christchurch 8013, New Zealand, maria.pozza@laneneave.co.nz.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The Spanish Perspective

Journal Erasmus Law Review, Issue 2 2016
Keywords Supervised release, supervision, sex offenders, dangerousness, safety measures, societal upheaval, proportionality
Authors Lucía Martínez Garay and Jorge Correcher Mira
AbstractAuthor's information

    This article presents an overview of the legal regime provided in the Spanish system of criminal sanctions regarding the control of dangerous sex offenders in the community. It focuses on the introduction, in 2010, of a post-prison safety measure named supervised release. We describe the context of its introduction in the Spanish Criminal Code, considering the influence of societal upheaval concerning dangerous sex offenders in its development, and also the historical and theoretical features of the Spanish system of criminal sanctions. We also analyse the legal framework of supervised release, the existing case law about it and how the legal doctrine has until now assessed this measure. After this analysis, the main aim of this article consists in evaluating the effectiveness and the proportionality of the measure, according to the principle of minimal constraints and the rehabilitative function of the criminal sanctions in Spanish law, stated in Article 25.2 of the Spanish Constitution.


Lucía Martínez Garay
Lucía Martínez Garay is a Senior Lecturer at the University of Valencia, Department of Criminal Law.

Jorge Correcher Mira
Jorge Correcher Mira, Ph.D., is an Assistant Lecturer at the University of Valencia, Department of Criminal Law.
Article

The Truth of Fiction: Literature as a Source of Insight into Social Conflict and Its Resolution

Journal International Journal of Conflict Engagement and Resolution, Issue 2 2016
Keywords literary approaches to conflict resolution, narrative theory, mass movements, social transformation, social injustice
Authors Angelica R. Martinez and Richard E. Rubenstein
AbstractAuthor's information

    The study of literature, although relatively new to the field of peace and conflict studies, has proven to be a valuable way to develop our understanding of violent social conflicts and the possible methods of resolving or transforming them. Literary texts present students of human conflict and conflict resolution with an appreciation of the power of “thick” descriptions of the human experience and the problems with “thin” modes of expression. Narrative and literary works reveal the indelible marks that violence and conflict inscribe on those left in their wake. Examining conflict through literature also grants students access to the ethical and moral dilemmas that people face as they navigate complex and oppressive social systems. A graduate-level course in “Conflict and Literature” taught for the past ten years at George Mason University provides evidence of these uses and suggests the possibility of further pedagogical developments.


Angelica R. Martinez
Angelica R. Martinez is a PhD candidate at George Mason University and the Branch Chief of Policy and Assessment for NATO’s Allied Land Command in Izmir, Turkey. She taught in the Department of Social Sciences at the U.S. Military Academy (West Point).

Richard E. Rubenstein
Richard E. Rubenstein is University Professor of Conflict Resolution and Public Affairs at George Mason University’s School for Conflict Analysis and Resolution. His most recent book is Resolving Structural Conflicts: How Violent Systems Can Be Transformed (2017).

Jairo Becerra
Jairo Becerra, School of Law, Universidad Catolica de Colombia, Universidad del Rosario, Colombia, jabecerrao@ucatolica.edu.co, jairoa.becerra@urosario.edu.co.

Juan Ramón Martinez
Juan Ramón Martinez, School of Law, Universidad del Rosario, Colombia, juan.martinez@urosario.edu.co.

Daniela Almario
Daniela Almario, School of Law, Universidad del Rosario, Colombia, almario.daniela@urosario.edu.co.

Larry F. Martinez
Department of Political Science, California State University, 1250 Bellflower Blvd., Long Beach, CA, 90840-4605, USA, larry.martinez@csulb.edu

Larry F. Martinez
California State University, Long Beach, USA

Larry F. Martinez
Department of Political Science, California State University, Long Beach USA, Larry. Martinez@csulb.edu.
Article

Fly Me to the Moon: Legal and Political Considerations of Space Exploration Initiatives

The Moon, Property Rights and Legal Issues

Journal International Institute of Space Law, Issue 3 2006
Authors L. Martinez and U. Bohlmann

L. Martinez

U. Bohlmann
Article

Legal Implications of Globalization Issues: From E-Commerce to the Internet

New Developments Relating to Legal Aspects of Telecommunications

Journal International Institute of Space Law, Issue 2 1999
Authors L.F. Martinez

L.F. Martinez
Article

Space Telecommunications and the Internet: Implications for the Outer Space Treaty

The Future Applications of the Outer Space Treaty

Journal International Institute of Space Law, Issue 4 1997
Authors L.F. Martinez

L.F. Martinez

Martinez
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