Search result: 55 articles

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Year 2015 x
Article

A Hungarian E-Learning Initiative and Its Implications

Journal International Journal of Online Dispute Resolution, Issue 2 2015
Keywords e-learning, pedagogical skills, educational reforms, Hungary, online dispute resolution
Authors Peter Mezei and Benjamin G. Davis
AbstractAuthor's information

    The present article aims to introduce an innovative educational reform launched by the University of Szeged Faculty of Law. The e-learning initiative of the Szeged Law School offers a chance for both students and lecturers to set aside the traditional Prussian method of education used by the Hungarian professors. Such initiative might, however, have broader implications as well. As such, it can clearly help internationalizing legal education in Hungary and in its neighbouring countries, as well as serve as a great example for other international projects, like online dispute resolution programmes.


Peter Mezei
Dr. Peter Mezei is Associate Dean for Strategic Affairs and Associate Professor of Law at the University of Szeged Law School, Szeged, Hungary.

Benjamin G. Davis
Benjamin G. Davis is Professor of Law at the University of Toledo College of Law, Toledo, Ohio, USA, and Vice-Chair of the American Bar Association Section of Dispute Resolution.
Article

Structure of Legislation: A Paradigm for Accessibility and Effectiveness

Journal European Journal of Law Reform, Issue 3 2015
Keywords effectiveness of legislation, structure of legislation, accessibility of legislation, quality drafting, clarity
Authors Elohor Onoge
AbstractAuthor's information

    The aim of this article is to examine how the structure of legislation can nurture accessibility and effectiveness of legislation.
    It explores whether the legislative drafter in carrying out the task of drafting can nurture effective communication of the policy maker’s intent to the targeted audience by making use of the structure of legislation as a tool, to ensure the legislation is accessible to the end user, and foster effectiveness.
    The third and fourth stage of Thornton’s stages of the drafting process – design and composition – would be examined and also Peter Butt’s types of structure, which relates to the drafting of legal documents but would be applied in this paper, to the drafting of legislation.


Elohor Onoge
Elohor Onoge LLM is a Nigerian legislative drafter working for the Federal Parliament. Email: stephyrook@gmail.com.
Article

Delegated Legislation in Nigeria: The Challenges of Control

Journal European Journal of Law Reform, Issue 3 2015
Keywords delegated legislation, parliament, control, quality, parliamentary scrutiny
Authors Jemina Benson LL.M
AbstractAuthor's information

    In considering how society generally is regulated, most times focus is always on Acts of parliament that are passed by the legislative arm of government. However, delegated legislation is another aspect of law making that is of immense importance for the regulation of any given society. This form of lawmaking being a deviation from the norm has some challenges in terms of control. This article seeks to examine some of these challenges emphasising that adequate parliamentary scrutiny will prevent the harbouring of bad-quality legislation.


Jemina Benson LL.M
Jemina Benson LL.M (University of London) is a legislative drafter for Rivers State House of Assembly in Nigeria. Email: jeminabenson@yahoo.com.
Article

‘Living in Sin’: A Reform Proposal for Financial Relief Following Cohabitation Breakdown

Journal European Journal of Law Reform, Issue 4 2015
Keywords cohabitation, financial relief, family trusts, common law marriage
Authors Luke Tattersall
AbstractAuthor's information

    The number of adults choosing to cohabit has increased by over 67% since 1991. Despite such a dramatic shift in social norms, the law governing financial relief upon relationship breakdown remains inept to handle the significant increase in cohabitants. This article examines how the current system of family trusts constitutes an archaic and inadequate means of dividing cohabitants’ assets. The law of trusts fails to reflect the subtleties of personal relationships, often resulting in financial injustice. The author goes on to consider the notion of common law marriage, highlighting how despite attempts by both the government and policy makers to dispel the concept it nevertheless remains prevalent throughout the United Kingdom. The core counterargument to extending financial relief is that it would undermine the institution of marriage and obscure the boundaries between cohabitant and spouse. This article critically examines this claim, adopting cross-jurisdictional analysis by considering the experiences of Scotland, Ireland and Australia where cohabitants have greater financial rights before concluding that the argument fails to stand up to scrutiny. The author ends by advancing a series of reforms designed to vindicate cohabitants, resulting in a fairer distribution of assets and bringing legal recognition to the United Kingdom’s largest growing family unit.


Luke Tattersall
Luke Tattersall is a trainee-barrister and Research Assistant in Law at Durham University. All opinions, errors and omissions are solely those of the author.

    Over the last decade, Nigeria has witnessed several high-intensity conflicts. It became a country under preliminary investigation by the International Criminal Court (ICC) following allegations of serious crimes. In 2013, the boko haram insurgency was classified as a “non-international armed conflict.” Commentators appear divided over the capacity and willingness of domestic institutions to manage crimes arising from or connected with conflicts in Nigeria. Those who argue for unwillingness often point to the struggle to domesticate the Rome Statute of the International Criminal Court (Rome Statute) as one of the clearest indication that there is not sufficient interest. This article interrogates the question of seeming impunity for serious crimes in Nigeria and makes a case for domesticating the Rome Statute through an amendment to the Crimes against Humanity, War Crimes, Genocide and Related Offences Bill, 2012 pending before the National Assembly.


Stanley Ibe
LL.B. (Lagos State University, Nigeria); LL.M. (Maastricht University, The Netherlands); Postgraduate Diploma in International Protection of Human Rights (Abo Akademi, Finland). Ibe is an associate legal officer for Africa at the Open Society Justice Initiative. He writes in a private capacity.
Article

Access_open Cutting Corners or Enhancing Efficiency?

Simplified Procedures and the Israeli Quest to Speed up Justice

Journal Erasmus Law Review, Issue 4 2015
Keywords Israel, austerity, civil procedure, simplified procedures, small claims
Authors Ehud Brosh
AbstractAuthor's information

    Israel was spared the worst of the world financial crisis of 2008-2009. However, austerity concerns are by no means invisible in the developments in the field of civil procedure. These concerns correlate heavily with the long-standing Israeli preoccupation with ‘speeding up’ justice. An array of simplified procedural tracks, aimed at addressing the perceived inadequacy of ‘standard’ procedure, have been developed in Israel over the years. The importance of simplified procedures in the Israeli system cannot be overestimated. Their development illustrates the dialectical tension between the values of ‘efficiency’ and ‘quality’ in the administration of justice. During periods of austerity, the scales are easily (or easier) tipped in favour of efficiency and general or particular simplification of procedure. In times of prosperity, on the other hand, concerns over ‘quality’, access to justice, and truth discovery predominate, and attempts at promoting efficiency and/or simplification at their expense tend to be bogged down. Such attempts also tend to lose their extrinsic legitimacy and are widely viewed as ‘cutting corners’. This is evident in the recent Israeli experience with civil procedure reform.


Ehud Brosh
Ehud Brosh, LL.M., is a research student at the Hebrew University of Jerusalem.
Article

Access_open Canadian Civil Justice: Relief in Small and Simple Matters in an Age of Efficiency

Journal Erasmus Law Review, Issue 4 2015
Keywords Canada, small and simple matters, austerity, civil justice, access to justice
Authors Jonathan Silver and Trevor C.W. Farrow
AbstractAuthor's information

    Canada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in place across Canada to address this growing access to justice gap. In particular, this article explains the Canadian civil justice system and canvasses the procedures and programmes in place to make the justice system more efficient and improve access to justice in small and simple matters. Although this article does look briefly at the impact of the global financial crisis on access to justice efforts in Canada, we do not provide empirical data of our own on this point. Further, we conclude that there is not enough existing data to draw correlations between austerity measures in response to the global crisis and the challenges facing Canadian civil justice. More evidence-based research would be helpful to understand current access to justice challenges and to make decisions on how best to move forward with meaningful innovation and policy reform. However, there is reason for optimism in Canada: innovative ideas and a national action plan provide reason to believe that the country can simplify, expedite, and increase access to civil justice in meaningful ways over the coming years.


Jonathan Silver
Jonathan Silver, B.A. Honors, J.D. 2015, Osgoode Hall Law School.

Trevor C.W. Farrow
Trevor C.W. Farrow is Professor and Associate Dean, Osgoode Hall Law School. He is very grateful to Jonathan Silver, who took the lead in researching and writing this article.
Article

Access_open Relief in Small and Simple Matters in Belgium

Journal Erasmus Law Review, Issue 4 2015
Keywords Belgium, small matters, simple matters, recovery of unchallenged claims, summary order for payment
Authors Stefaan Voet
AbstractAuthor's information

    This article is based on a national report that was written for the XVth World Congress of the International Association of Procedural Law that was held in Istanbul in May 2015 and that focused on Effective Judicial Relief and Remedies in an Age of Austerity. It first of all sketches the general judicial context in Belgium and some of its relevant features: the judicial organisation, the goals of the civil justice system, the course of an ordinary civil lawsuit, the role of the court, and the litigation costs. Next, a detailed and critical overview of the current and future procedures that offer relief in small and simple matters is given. The current summary order for payment procedure, which was introduced in 1967, did not meet its goals. The article concludes that a new trend is emerging in Belgium, namely keeping small and unchallenged claims outside the judiciary and providing for cheaper and more efficient alternatives.


Stefaan Voet
Stefaan Voet is an Associate Professor of Law at the Katholieke Universiteit Leuven and a Visiting Professor at the Universiteit Hasselt.
Article

Access_open Brazilian Civil Procedure in the ‘Age of Austerity’?

Effectiveness, Speed, and Legal Certainty: Small Claims, Uncontested Claims, and Simplification of Judicial Decisions and Proceedings

Journal Erasmus Law Review, Issue 4 2015
Keywords austerity, civil procedure, access to justice, Brazil, small claims
Authors Antonio Gidi and Hermes Zaneti, Jr.
AbstractAuthor's information

    The current debate in Brazilian Civil Procedure revolves around efficiency, legal certainty, and access to justice, not austerity. As a matter of fact, the debate over austerity is nonexistent in Brazil so far. By expanding the access to justice to a broader portion of the society, the legal system increased the number of cases and the costs associated with the judicial system. But the excess litigation and expense associated with the expansion of access to justice has contradictorily curtailed access to justice. This new situation demands new efforts to increase efficiency and legal certainty, while still increasing access to justice.


Antonio Gidi
Antonio Gidi is Visiting Assistant Professor at the Syracuse University. SJD, University of Pennsylvania Law School; LLM and PhD, PUC-SP University; LLB, Federal University of Bahia.

Hermes Zaneti, Jr.
Hermes Zaneti, Jr. is Professor of Law at the Universidade Federal do Espirito Santo and Prosecutor. PhD in Philosophy and Theory of Law, Università degli Studi di Roma Tre; LLM and PhD in Civil Procedure, Federal University of Rio Grande do Sul (UFRS).
Article

Access_open The Impact of the Economic Downturn in the Spanish Civil Justice System

Journal Erasmus Law Review, Issue 4 2015
Keywords judiciary, judge-made justice, court fees, legal aid, ADR-methods
Authors Laura Carballo Piñeiro and Jordi Nieva Fenoll
AbstractAuthor's information

    The Spanish justice system has been shaken by the economic downturn as many other institutions have. This article addresses in the first place some statistical data that shed light as regards to the number of judges and the costs and length of the procedure in Spain. These figures help to understand, in the second place, the impact of austerity measures on the judiciary, namely, the freeze on the hiring of judges and the establishing of high court fees. While they mainly concern the supply side of justice services, others such cost reductions in legal aid have had, in the third place, an impact on the demand side, driving many citizens to social exclusion and to resorting to self-defence mechanisms. The final part of this article addresses some remedies that may alleviate judiciary’s workload, but that fall short of doing it. All in all, the Spanish justice system seems to require a holistic approach to patch up edges, but one in which the role of judge-made justice in a democratic society has to be central again.


Laura Carballo Piñeiro
Laura Carballo Piñeiro is Associate Professor of Private International Law at the Common Law Department of the University of Santiago de Compostela.

Jordi Nieva Fenoll
Jordi Nieva Fenoll is Professor of Procedure Law at the Administrative and Procedure Law Department of the University of Barcelona.
Article

Access_open Austerity in Civil Procedure

A Critical Assessment of the Impact of Global Economic Downturn on Civil Justice in Ghana

Journal Erasmus Law Review, Issue 4 2015
Keywords austerity, small claims, civil justice, civil procedure, Ghana civil procedure
Authors Ernest Owusu-Dapaa and Ebenezer Adjei Bediako
AbstractAuthor's information

    The demand for and availability of civil justice procedures for small claims can neither be disentangled nor extricated from the health of the economic climate of the relevant country concerned. In this article, it is argued that despite not being a developed country, Ghana was not completely insulated from the hardships or implementation of austerity measures that were triggered by the global economic meltdown. The inevitability of behavioural changes on the part of the Government of Ghana as lawmaker and provider of the machinery for civil justice on the one hand and small claims litigants as users of the civil procedure on the other hand are also explored in the article. After properly situating the exploration in the relevant economic context, the article makes recommendations regarding how to minimise the impact of the austerity measures on small claims litigants.


Ernest Owusu-Dapaa
Ernest Owusu-Dapaa is Lecturer in Law at the Kwame Nkrumah University of Science and Technology, Kumasi, Ghana. Email: eodapaa@yahoo.com.

Ebenezer Adjei Bediako
Ebenezer Adjei Bediako is Principal Research Assistant at the Kwame Nkrumah University of Science and Technology, Kumasi, Ghana.
Article

Access_open The Norm of Integrity in Corporate Governance Codes: Could It Be Made Enforceable?

Journal The Dovenschmidt Quarterly, Issue 2 2015
Keywords corporate governance, integrity, legal strategies, Goldman Sachs
Authors B.T.M. Steins Bisschop
AbstractAuthor's information

    The faring of Goldman Sachs during the financial crisis of 2008 is discussed against the background of legal instruments that were employed to avoid its failure. This discussion leads to the conclusion that in this case, the limits of classical legal instruments were reached. To further good corporate governance, the legal relevance of the term ‘integrity’ is explored. It is concluded that the legal term of integrity is used universally in corporate governance codes, but is not operational and therefore not enforceable. An attempt is made to redefine this general principle into a more operational term. This is tested in the case of Goldman Sachs’ executive Jon Winkelried. It is assumed that he has violated the standard of integrity but also that there were no enforceable legal means to sanction his behaviour. The conclusion is that the more operational interpretation of the term integrity could, in this case, have resulted in an enforceable legal instrument to sanction behaviour that is contrary to the norm of integrity. This operational term of integrity could aid in the debate on furthering good corporate governance through enforceable legal strategies.


B.T.M. Steins Bisschop
Prof. Dr. Bas T.M. Steins Bisschop holds a chair Corporate Law and Governance at the Faculty of Law of Maastricht University and a chair Corporate Law at Nyenrode Business University. He is partner of a boutique law firm in The Hague, The Netherlands.

Péter Staviczky
Colleague of the Hungarian Permanent Representation to the European Union.

Veronika Szeghalmi
Media specialist, Institute for Media Studies of the Media Council of the National Media and Infocommunications Authority.

Réka Varga
PhD, senior lecturer, Pázmány Péter Catholic University, Department of Public International Law; international law advisor to the Hungarian Red Cross; former legal advisor of the International Committee of the Red Cross (ICRC).

Tamás Molnár
Adjunct professor, Corvinus University of Budapest, Institute of International Studies.

Aniko Raisz
Associate professor, International Law Department, Faculty of Law and Political Sciences, University of Miskolc.

Eszter Lilla Seres
Student, Faculty of Law and Political Sciences, University of Miskolc.

Ielyzaveta Lvova
PHD in law, Docent, Associate professor at National Academy of Public Administration under the President of Ukraine, Odessa, Ukraine. 2015 Award of Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany.

Ágnes Váradi
PhD, research fellow, Hungarian Academy of Sciences, Centre for Social Sciences Institute for Legal Studies.
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