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1 – 10 of over 6000John S. Goldkamp and E. Rely Vîlcicã
Following in the footsteps of critics of the 1920s and 1930s, Caleb Foote's 1954 study of the bail system in Philadelphia set the agenda for bail reform in the United States…
Abstract
Following in the footsteps of critics of the 1920s and 1930s, Caleb Foote's 1954 study of the bail system in Philadelphia set the agenda for bail reform in the United States focusing on judicial discretion and the inequities of a predominantly financially based pretrial detention system. This article argues that the bail reform movement originating in the 1960s fell short of its objectives in its failure to engage judges in the business of reform. From Foote's study on, Philadelphia has played a role historically in studies of bail, detention, and reform. The article considers the experience of Philadelphia's judicial pretrial release guidelines innovation from the 1980s to the present and its implications as an important contemporary bail reform strategy in addressing the problems of bail, release, and detention practices. The implications of the judge-centered pretrial release guidelines strategy for addressing pretrial release problems in urban state court systems are discussed in light of the original aims and issues of early bail reform.
Marina Shin, Madina Zhanuzakova, Stanislav Kim and Lada Mirzalieva
Proposes this research is seeking to combine the theory and practice of judicial independence based in Western notions of the “Rule of Law”, modern developments of this doctrine…
Abstract
Proposes this research is seeking to combine the theory and practice of judicial independence based in Western notions of the “Rule of Law”, modern developments of this doctrine in the documents and laws of both Uzbekistan and Kazakhstan.
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This paper aims to evaluate the effectiveness of the reforming Chinese arbitration judicial review process and supplement the corresponding suggestions and analyze the practical…
Abstract
Purpose
This paper aims to evaluate the effectiveness of the reforming Chinese arbitration judicial review process and supplement the corresponding suggestions and analyze the practical trends of Chinese arbitration.
Design/methodology/approach
This paper presents considerable evidence that includes the latest empirical data and iconic cases to demonstrate the Chinese judicial system’s acts of internationalizing Chinese arbitration. This paper then elaborates the Chinese Supreme People’s Court (hereinafter SPC) recent reforms of the mechanisms of arbitration judicial review.
Findings
The SPC’s efforts to coordinate Chinese arbitration practice with international standards are effective and fruitful. However, even after recent reforms, there are still inherent deficiencies and important omissions that hinder the efficiency of Chinese arbitration.
Originality/value
The major contributions of this paper are providing latest empirical data to evaluate effectiveness of current Chinese arbitration judicial review and analyzing latest SPC’s legal interpretations.
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Monica Giancotti, Giorgia Rotundo and Marianna Mauro
European justice systems are facing a dramatic performance crisis due to the frequent inability to resolve cases without incurring unreasonable delays and backlogs. In this…
Abstract
Purpose
European justice systems are facing a dramatic performance crisis due to the frequent inability to resolve cases without incurring unreasonable delays and backlogs. In this framework, the Italian Judicial system places itself well below the European countries average, in terms of speed of resolution of administrative, civil and criminal trials. The purpose of the paper was to (1) identify factors affecting Italian judicial system efficiency and (2) identify potential actions to manage them, improving judicial system efficiency.
Design/methodology/approach
In order to achieve the aims of this paper, a systematic review to map all critical factors discussed in previous studies was performed. Studies were extracted from Google Scholar, Web of Science and SSRN databases. In total, 22 studies were included.
Findings
The identified factors of inefficiency of the Italian judicial system have been divided into three macro-classes depending on whether they concern human resource management, the judicial process or whether they pertain to internal or external outside the judicial organization. For each of these, possible strategies have been developed in a new conceptual framework.
Originality/value
The framework seeks to assist policymakers in forming policy measures that can significantly increase court effectiveness. This is the first attempt to review and map all factors affecting judicial system efficiency systematically, providing a new conceptual framework to manage them.
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The purpose of this paper is to consider and evaluate judicial independence in China, through reviewing the value in its presence, assessing its current state in China and…
Abstract
Purpose
The purpose of this paper is to consider and evaluate judicial independence in China, through reviewing the value in its presence, assessing its current state in China and evaluating what the future holds for it.
Design/methodology/approach
The paper reviews the benefits of judicial independence in its support of the rule of law. Following this, an evaluation of the current independence of the judiciary in China is presented. The reforms of the judiciary in the Fourth Plenary Session and the outlook for judicial independence in China are assessed.
Findings
The paper finds that judicial independence in China cannot be said to exist, being vulnerable to influence from a variety of sources. There is, however, progress observed, and this is expected to continue.
Originality/value
This paper’s consideration of judicial independence in China and its outlook are framed with discussions of the relationships between judicial independence and the rule of law, and the Chinese state and the rule of law. The paper should thus contribute to discussion of the development trajectory of China in this important facet.
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The purpose of this paper is to explore China’s labour dispute arbitration system reform through analysing the degree to which it has attained its stated objectives – notably…
Abstract
Purpose
The purpose of this paper is to explore China’s labour dispute arbitration system reform through analysing the degree to which it has attained its stated objectives – notably, independence, justice, efficiency and professionalism – from the perspectives of the arbitrators, previously ignored in research on China.
Design/methodology/approach
This paper used a mixed research method using questionnaires and interviews. Questionnaires were sent to all full-time labour dispute arbitrators in Beijing, China with a useable response rate of 71 per cent. Additionally, qualitative semi-structured interviews were conducted with 24 key stakeholders involved in the arbitration process.
Findings
Instead of establishing an impartial platform, the arbitration system endeavours to promote the state’s capacity to rule over labour relations. Its recent reform excluded arbitrational independence owing to concerns about reducing the Chinese Communist Party’s arbitrary power. Arbitrational justice was perceived to improve through case resolution efficiency, which made arbitrators minimise arbitration time, partly because of high caseloads but largely because of their key performance indicators. Quality of arbitration was compromised. The arbitrators understood the spaces and boundaries of the reform, and focused on increasing professionalism to enable them to more fluidly manoeuvre between the different political economic interests, above safeguarding labour rights.
Research limitations/implications
The questionnaire size was too small for regression analysis. Future research should expand the sample sizes and conduct cross-regional studies.
Practical implications
In 2008, China undertook an arbitrational system reform – probing its practical influence contributes to the authors understanding about the changing institutional environment of Chinese labour relations.
Originality/value
As a pilot study on labour dispute arbitrators, this research presents the dynamics of the Chinese labour dispute resolution mechanism.
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Looks at the reasons for the collapse of both regimes and considers the importance of repression with these developments. Contrasts the methods of Imperial Russia with the…
Abstract
Looks at the reasons for the collapse of both regimes and considers the importance of repression with these developments. Contrasts the methods of Imperial Russia with the Bolsheviks looking at Court proceedings, prison conditions, education and propaganda in prison, exile and the secret police. Concludes that whilst social support is usually seen as essential for survival of a system, repression is not regarded as a positive element but can become the method for a system’s survival and stability.
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ARGENTINA: Judicial reform plan will stir controversy