Search results

1 – 10 of over 9000
To view the access options for this content please click here
Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

To view the access options for this content please click here
Book part
Publication date: 10 February 2012

Keramet Ann Reiter

Supermaxes across the United States detain thousands in long-term solitary confinement, under conditions of extreme sensory deprivation. Almost every state built a…

Abstract

Supermaxes across the United States detain thousands in long-term solitary confinement, under conditions of extreme sensory deprivation. Almost every state built a supermax between the late 1980s and the late 1990s. This chapter examines the role of federal prisoners’ rights litigation in the 1960s and 1970s in shaping the prisons, especially supermaxes, built in the 1980s and 1990s in the United States. This chapter uses a systematic analysis of federal court case law, as well as archival research and oral history interviews with key informants, including lawyers, experts, and correctional administrators, to explore the relationship between federal court litigation and prison building and designing. This chapter argues that federal conditions of confinement litigation in the 1960s and 1970s (1) had a direct role in shaping the supermax institutions built in the subsequent decades and (2) contributed to the resistance of these institutions to constitutional challenges. The history of litigation around supermaxes is an important and as-yet-unexplored aspect of the development of Eighth Amendment jurisprudence in the United States over the last half century.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78052-622-5

To view the access options for this content please click here
Book part
Publication date: 9 December 2003

Karl B Shoemaker

This essay explores a radical shift in how the relationship between the power to punish and sovereignty has been conceived in modern American law; specifically focusing on…

Abstract

This essay explores a radical shift in how the relationship between the power to punish and sovereignty has been conceived in modern American law; specifically focusing on the quiet death of comity as an operative principle in the exercise of criminal jurisdiction. While this essay attends to certain legal issues arising from historical intersections of federal, state and Indian sovereignty in the field of criminal law, this essay is not an attempt to directly evaluate the history of federal policies applied to Indian tribes or tribal lands. Nor is this essay in any strict sense a legal history of federal-tribal relations, or federal penal policy in relation to Indian tribes. Rather, I am concerned here with a series of liminal moments in the American legal tradition in which the power to punish came to be understood ever more one-sidedly, as an atomizing attribute of sovereignty rather than an identifying feature of community within a pluralistic legal framework.

Details

Punishment, Politics and Culture
Type: Book
ISBN: 978-0-76231-072-2

To view the access options for this content please click here
Article
Publication date: 21 November 2008

Caryn Jacobs, Jeffrey M. Strauss, John J. Tharp and Katherine Agonis

The purpose of this paper is to survey the landscape of recent federal securities class actions filed in state court and explore arguments for removal of those cases to…

Abstract

Purpose

The purpose of this paper is to survey the landscape of recent federal securities class actions filed in state court and explore arguments for removal of those cases to federal courts under the Securities Litigation Reform Act (SLUSA) or the Class Action Fairness Act (CAFA).

Design/methodology/approach

The paper discusses: US Congressional legislation designed to bring the bulk of securities class actions back into federal courts, including the Private Securities Litigation Reform Act (PSLRA) and SLUSA; CAFA, another law designed to redirect class action litigation away from state courts; recent cases that have tested the limits of SLUSA and CAFA for removal from state to federal courts; and arguments for removal under SLUSA and CAFA.

Findings

Legislative history for both SLUSA and CAFA suggests that these statutes should be read as evidence of Congressional intent to return most securities class actions to federal court. Nonetheless, plaintiffs have continued to devise legal schemes to litigate class actions in what they perceive to be friendlier forums in state courts.

Originality/value

Although the arguments discussed in this paper are not exhaustive, they are a starting point for defendants seeking removal once litigation arises.

Details

Journal of Investment Compliance, vol. 9 no. 4
Type: Research Article
ISSN: 1528-5812

Keywords

Abstract

Details

Documents from the History of Economic Thought
Type: Book
ISBN: 978-0-7623-1423-2

To view the access options for this content please click here
Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process…

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

To view the access options for this content please click here
Article
Publication date: 1 March 1987

Aubrey W. Kendrick

A subject that often causes trouble for reference librarians is federal income tax research and the use of tax services. This article describes the sources of federal

Abstract

A subject that often causes trouble for reference librarians is federal income tax research and the use of tax services. This article describes the sources of federal income tax law, sources used to interpret the tax laws, and the services that pull all of this information together for the researcher.

Details

Reference Services Review, vol. 15 no. 3
Type: Research Article
ISSN: 0090-7324

To view the access options for this content please click here
Article
Publication date: 15 February 2021

Sirajo Yakubu

The purpose of this paper is to show how fighting financial crime suffered a setback in Nigeria as a result of the Supreme Court ruling in an appeal case – Ude Jones…

Abstract

Purpose

The purpose of this paper is to show how fighting financial crime suffered a setback in Nigeria as a result of the Supreme Court ruling in an appeal case – Ude Jones Udeogu v FRN and Ors no SC. 622C/2019.

Design/methodology/approach

This paper is a critical analysis of the implication of Supreme Courts’ ruling in Ude Udeogu Jones, its implication to law enforcement’s effort in fighting financial crime and the way to get around the ruling. The paper adopts qualitative methods. It is conducted through the analysis of the ruling and the relevant laws.

Findings

Due to the ruling in UdeUdeogu Jones, Section 396(7) of the Administration of Criminal Justice Act 2015 is no longer good law. Federal High Court judges elevated to the Court of Appeal no longer have special dispensation to conclude criminal cases they part heard. Furthermore, the ruling is a serious setback on the law enforcement’s efforts in fighting corruption. However, the drastic effect of the ruling can be mitigated by amending Section 396(7).

Research limitations/implications

Because the ruling is very recent, analysis is based on the relevant enactments and case laws including recent decisions of the Court of Appeal and the Supreme Court.

Originality/value

There is no comprehensive work on this ruling. Therefore, this paper adds value to knowledge as it makes clear the background of the appeal case, as well as the impact of the ruling of the Supreme Court on fighting financial crime in Nigeria and the way to get around the ruling.

Details

Journal of Financial Crime, vol. 28 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

To view the access options for this content please click here
Article
Publication date: 1 January 1984

Judith M. Nixon

More and more students are majoring in business in colleges and universities today and need access to legal materials. Undergraduate libraries are feeling pressure from…

Abstract

More and more students are majoring in business in colleges and universities today and need access to legal materials. Undergraduate libraries are feeling pressure from these departments to build basic legal collections. This is an awesome responsibility because legal publications are very expensive to purchase initially and must be kept up‐to‐date. Since library literature provides little guidance for the librarian in this endeavor, I would like to pass on to others the knowledge I have gained by building a legal collection in an undergraduate library.

Details

Reference Services Review, vol. 12 no. 1
Type: Research Article
ISSN: 0090-7324

To view the access options for this content please click here
Book part
Publication date: 30 December 2004

K.G. Jan Pillai

The tremendous relevance of societal discrimination to special education of the learning disabled cannot be gainsaid. Mistreatment of disabled children in public and…

Abstract

The tremendous relevance of societal discrimination to special education of the learning disabled cannot be gainsaid. Mistreatment of disabled children in public and private educational institutions is a bad reflection on the moral and egalitarian values of the society at large. “Many students, regardless of race, who are deemed eligible to receive special education services [mandated by federal laws] are unnecessarily isolated, stigmatized, and confronted with fear and prejudice” (Losen & Welner, 2001, p. 407). According to the U.S. Congress, “poor African-American children are 2.3 times more likely to be identified by their teacher as having mental retardation than their white counterpart” (20 U.S.C. §1400 (8)(c) Individuals with Disabilities Education Act (IDEA)). Congress has also found that a highly disproportionate number of elementary and secondary special education students are African-Americans (IDEA §1400 (8)(D)) and their social disadvantage stems from “lack of opportunities in training and educational programs, undergirded by the practices in the private sector that impede their full participation in the mainstream society” (IDEA §1400 (10)).

Details

Administering Special Education: In Pursuit of Dignity and Autonomy
Type: Book
ISBN: 978-1-84950-298-6

1 – 10 of over 9000