Search results

The purpose of this paper is to assess the organizational culture of courts in the United Arab Emirates (UAE), and the culture type required to achieve business excellence. This research also aims to benchmark the criteria weights of the International Framework for Court Excellence (IFCE) in the UAE and suggest new weights that better reflect courts’ local priorities and national work culture.

The analytic hierarchy process (AHP) method was used to prioritize the IFCE criteria and select the most important culture types to consider. A questionnaire was designed and data were collected from first instance courts in UAE. The respondents were judges in management roles, to ensure that the opinions provided reflected experience of judging and were aligned with the courts’ strategic objectives.

The results show that the IFCE model criteria have different levels of importance in UAE than in the original model. The major differences are in court proceedings and processes, and affordability and accessibility of services. Adaptability and mission seem to be the most important cultural traits.

No previous studies have investigated court excellence in UAE. This study should supply court managers and administrators with a clearer understanding of the priorities for achieving court excellence. There is inconsistency about the culture needed to boost good performance in public service organizations like courts, and decision makers may use these findings to enhance the cultural attributes that are particularly associated with excellence in courts.

The purpose of this paper is to develop an assessment guide based on the European Foundation for Quality Management (EFQM) model criteria. Courts have been under pressure to become more accountable and responsive organisations. In this context, self-assessment models that drive attention to the way resources are being used and to the results that are being achieved, incorporating the views of different stakeholders, are of particular interest.

A case study approach was used. The meaning of the quality principles that underline the EFQM model was discussed with the court administrator, judges, prosecutors and justice officers. Those perspectives were taken into account when translating the criteria and criterion parts of the EFQM model. The assessment guide was validated by an experts’ panel.

The EFQM model captures the essential features of a court even if the courts terminology and governance models challenge the translation of some criteria. The resulting guide includes a description of the various criteria and criterion parts and the identification of key focus areas, while giving some illustrative examples of initiatives and indicators that could be looked at under each model dimension.

The assessment guide can be used to undertake self-assessment exercises in different courts.

There is a lack of studies on the measurement of courts’ performance apart from the publication of simple lists of process indicators. The assessment guide developed in this study is perhaps one of the most comprehensive resources for assessing the quality of a court.

The practice of law is under pressure from various sources. Economics is one such source. The number of licensed lawyers is growing rapidly at a time when other disciplines are threatening areas of practice that were once the sole province of lawyers. Another pressure on the profession comes from the courts which are in some instances attempting to reduce legal fees. Thus, a question arises as to whether law firms may be implementing TQM techniques developed by other disciplines and by the few law firms which are leading the way for change. To answer that question a survey of Iowa law firms was conducted. The survey was sent to 100 law firms in Iowa in an attempt to determine the extent to which these firms are adopting TQM in an effort to reduce costs and increase efficiency. The research in this exploratory study shows that Iowa lawyers are not embracing even simple means of increasing efficiency such as employing paraprofessionals and upgrading employees’ skills.

The purpose of this paper is to compare the different performance-based budgeting models used in the judiciaries of three European countries: Italy, Finland and the Netherlands. In particular, this paper focusses on the criteria adopted by these three countries to fund the courts, and it analyses the effects of these criteria on the distribution of resources and performance variability among first instance courts.

This exploratory research is based on a literature review and data analysis of three case studies. Equity in resource distribution and equality in courts' performance are assessed using the coefficient of variation.

The preliminary findings suggest the following: (1) funding models with a close link between performance and budget better guarantee equitable allocation of resources among courts and, therefore, more equal performance among courts within a country; (2) unbalanced allocation of resources is associated with disparities among courts in terms of judicial efficiency and effectiveness and consequently, unequal treatment of/outcomes for citizens coming before the law.

This paper is part of a broader research project aimed at analysing the impact of performance budgeting on the efficiency, quality, organization and values of judiciaries. This study only considers quantitative aspects of performance, but it will be followed by further analysis that will explore performance and judicial budgeting from other perspectives.

This paper describes examples of three different models of performance-based judicial budgeting from other countries, which aim to reform the budgeting processes of the judiciaries in question. The paper emphasizes the importance of adopting rational and transparent funding criteria in order to ensure judicial independence and accountability and to balance courts' performance, guaranteeing the principle that every citizen must obtain the same treatment before the law.

This paper contributes to the existing performance-based budgeting literature by studying its application to the judiciary, which, due to its peculiarities, is an area that has been overlooked in previous studies and deserves further attention. This study contributes to the court administration literature by exploring the issue of budgeting, which, despite its importance, is still a neglected subject.

The marriage between information and communication technology (ICT) and law has brought forward a significant change in the administration of justice. This paper aims to present the scenario of technology adoption in the court of law with special reference to Malaysia. It also aims to illustrate the intelligent use of technology to advance the pace of the administration of court reflected in w‐Shariah project in Shariah Court systems in Malaysia through various electronic applications, and finally propose an ICT adoption framework based on an information systems (IS) theory.

This research adopts a qualitative case study approach to explore the scenario of information technology (IT) adoption in the court of law in Malaysia through semi‐structured interviews, observation and document reviews. Data gathered provide an understanding of how technology is used in the court workflow as well as the whole life‐cycle management of records in Shariah Court. This case study covers the management of records in Shariah courts of Kuala Lumpur and Putrajaya. It involves personal observations on the whole life‐cycle of court room technology management.

Five e‐Shariah modules were applied in 110 Shariah courts in Malaysia in 102 locations nationwide, using the electronic government network called EG*Net. E‐Shariah applications managed to standardize work environment in Shariah courts and link all the business processes on a single channel. Case clearance rate has risen significantly since then.

This research is limited to the electronic applications in Shariah Court system, the secondary legal system in Malaysia after the Civil Court system. It is suggested that the future research is done to the Civil Court system, to complement the current research; in order to have a complete IS perspective on the overall legal system in Malaysia.

This paper proposed a technology adoption framework for electronic court management, which can be used by the policy makers for the enhancement of justice system. This research provides a foundation for practical technology adoption in courts.

This paper demonstrates how ICT allow for better management of court management within institutionalization theory. It presents various kind of technology adoption in courts, including video conferencing with high‐tech video presenters and monitors, recreation of crime scene, electronic filing system, electronic case management and electronic court records management and systematic information storage and retrieval system. It discusses the three isomorphic pressures (coercive, normative and mimetic) that influence the technology adoption process. A research framework is presented which is expected to benefit the policy makers and judicial practitioners.

The purpose of this paper is to benchmarking the governance performance of Indian states.

This paper provides a framework to measure governance performance at the state level. Using the data on 28 key indicators, the authors evaluate Indian states on seven broad dimensions of governance quality covering several aspects of public service delivery, regulatory quality and law and order. The empirical methodology involves the application of multi-criteria decision making techniques in two steps. The authors, first develop suitable weights of the identified dimensions and criteria under each dimension by applying the inputs of an expert-based decision-panel in a best-worst framework. Next, using these weights, the authors evaluate ranking of each state using TOPSIS and PROMETHEE-II methods.

The results indicate wide disparities in the governance performance of Indian states. Based on different indicators, the paper evaluates the rank of all the major Indian states. Results reveal that “Social Service Delivery(S)” is the most influencing dimension for the development of a state. Overall, the authors find Andra Pradesh, NCT of Delhi and Goa to be the leading states in terms of governance quality.

The paper provides policy makers with easy to use operational indicators to analyse the governance performance of Indian states. These would help in better monitoring of these states through competitive goal-setting for continuous improvement.

To the best of the authors’ knowledge, this study is the first formal assessment of governance quality in the Indian states in a multi-criteria framework. To this end, the paper addresses the issue of wide regional disparities in the country. The findings of the paper provide powerful insights to policy makers in setting up appropriate strategies to eliminate these disparities.

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

While there has been increasing interest in the impact of courtmandated education finance reform on school district efficiency, research on the subject is scant. Taking advantage of New Jersey Supreme Court cases that have altered the way in which state school aid is distributed, this paper examines the effect of changes in the education finance system on school district efficiency. Building on existing literature on public sector efficiency, a longitudinal data analysis based on two-stage DEA models reveals that courtmandated increases in state aid to a limited number of poor school districts decreased the districts' efficiency. Though these results should be interpreted with some caution, in particular, the limitation of DEA as an efficiency measure, they imply that, as with any policy, policy makers and courts should be aware of how policy changes affect local government behavior and that it is necessary to evaluate policy outcome taking into account both resources and performance.

In this chapter we consider the Individuals with Disabilities Education Improvement Act’s (IDEA 2004) provision that requires that students’ special education services in their individualized education programs be based on peer-reviewed research (PRR). We begin by reviewing federal legislation (i.e., Educational Sciences Reform Act, 2002, IDEA 2004; No Child Left Behind Act, 2001; Reading Excellence Act, 1998), which influenced the PRR principle and eventually the PRR language in IDEA. Next, we examine the US Department of Education’s interpretation of PRR in IDEA 2004 and review administrative hearings and court cases that have further clarified the PRR requirement. Finally, we make recommendations for teachers and administrators working to meet the PRR requirement when developing intervention plans for students with disabilities.