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1 – 10 of over 4000As more social studies classrooms gain access to the Internet each year, teachers are frequently exploring ways to maximize the use of this technology in their respective learning…
Abstract
As more social studies classrooms gain access to the Internet each year, teachers are frequently exploring ways to maximize the use of this technology in their respective learning environments. This paper discusses the need to generate – and the subsequent benefits of facilitating – discussion when using the Internet in social studies settings, especially as it relates to learning about the Supreme Court. The author provides examples of how the Supreme Court webpage can be used in the high school Civics classroom; using the authentic intellectual work framework to provide the necessary structure for the lesson and background information on specific Supreme Court cases to help teachers implement the lesson with their students.
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The purpose of this article is to provide librarians (and their patrons) with a quick method for finding United States Supreme Court cases in varied sources, including in…
Abstract
Purpose
The purpose of this article is to provide librarians (and their patrons) with a quick method for finding United States Supreme Court cases in varied sources, including in databases and on internet web sites.
Design/methodology/approach
In order to provide librarians (and their patrons) with a quick method for finding Supreme Court cases, the article will explain case citations and case names. In addition, the article will provide varied sources for finding a case on a particular topic, for finding a major Supreme Court case – by case name or by topic – and for finding current Supreme Court cases.
Findings
In 1989, a guide that offered a quick method of finding Supreme Court cases appeared in Reference Services Review. However, since the article's inception, numerous sources, including databases and internet web sites, have come into existence. As such, an update of varied sources for quickly finding Supreme Court cases is needed.
Practical implications
The article is a useful resource for librarians (and their patrons) to quickly find Supreme Court cases.
Originality/value
The strategies and ideas presented in the article will provide librarians (and their patrons) with the means to quickly find Supreme Court cases.
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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…
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.
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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…
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.
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Qualified immunity is a defense available to law enforcement officials in Section 1983 lawsuits alleging constitutional violations. Whether qualified immunity is granted hinges on…
Abstract
Qualified immunity is a defense available to law enforcement officials in Section 1983 lawsuits alleging constitutional violations. Whether qualified immunity is granted hinges on the objective reasonableness of the officer’s actions; that is, on what a reasonable officer would have done under the circumstances. However, when a plaintiff alleges a Fourth Amendment violation, another objective reasonableness test is used. The result can be a paradoxical finding of reasonably unreasonable conduct. The present study examines this quizzical feature of civil liability law and seeks to clarify the role that both objective reasonableness tests play. In doing so, it examines the varying definitions of objective reasonableness, reviews a number of court decisions where the Fourth Amendment and qualified immunity have collided, and makes recommendations for minimizing future confusion.
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The purpose of this paper is to investigate the practices of information and communication technology (ICT) in modernizing the courts. In this context, this paper focuses on the…
Abstract
Purpose
The purpose of this paper is to investigate the practices of information and communication technology (ICT) in modernizing the courts. In this context, this paper focuses on the usage of ICT in the Nepali judiciary system involving both judicial and court administration to automate judicial activities.
Design/methodology/approach
A narrative case study was conducted to identify the current status of technology in the judiciary system concerning court automation and administration. The information was gathered from justice, case registration officer, bench officer and admin personnel.
Findings
This study shows that technological intervention is made in the Nepali judiciary to automate judicial activities. The judicial activities, such as case registration, case automation, case hearing, the decision of cases and cause list, are of high priority and are managed through case management software. Furthermore, it demands an innovative learning environment within the judiciary to strengthen the capacity of the employees of the judiciary in the field of ICT.
Research limitations/implications
This study anticipates the participant’s perception and practical aspects of technology to modernize the courts to provide better and more effective service to its stakeholders. This study carried out the perceptions of the justice, bench officer, case registration officer and admin personnel. The voice of the other stakeholders was not carried out.
Practical implications
This paper establishes the practical aspects of ICT in modernizing the courts to provide better services to its stakeholders. It also replicates the status of ICT in the Nepali judiciary.
Originality/value
This paper tries to establish the practical implications of ICT along with its importance in the judiciary of Nepal.
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Pranab Kumar Panday and Awal Hossain Mollah
The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the…
Abstract
Purpose
The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the society. The paper depicts the history and evolution of the judicial system in Bangladesh from ancient period to present day.
Design/methodology/approach
The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government orders, rules, acts, newspaper reports, etc. Relevant literature has also been collected through internet browsing.
Findings
The major findings of this paper are: there is a well‐organized court system in Bangladesh which is in fact the replica of the system introduced by British rulers and it is widely accepted in the original Constitution of Bangladesh. The ancient judicial system was not based on rule of law rather on caprice and caste consideration. The executive branch of government always attempts to control the judiciary through different mechanisms, which include the appointment, tenure and discipline of judges from ancient period. Therefore, the independence of judiciary is vulnerable from ancient time to present day and even after separation of the judiciary from the executive (November 2007) the interference of the executive over the judiciary is still continuing.
Practical implications
This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of judiciary.
Originality/value
The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.
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Harry Frischer, Stephen L. Ratner, Sarah S. Gold, Gregg M. Mashberg and Michael S. Lazaroff
The purpose of this paper is to describe the background and reasoning behind the June 18, 2007 US Supreme Court decision in Credit Suisse Securities (USA) v. Billing et al.
Abstract
Purpose
The purpose of this paper is to describe the background and reasoning behind the June 18, 2007 US Supreme Court decision in Credit Suisse Securities (USA) v. Billing et al.
Design/methodology/approach
The paper explains the US District Court for the Southern District of New York's dismissal of two antitrust class action lawsuits filed against a group of investment banks in 2002, the reversal by the US Court of Appeals for the Second Circuit in 2005, and the Supreme Court's rejection of the Second Circuit's analysis in 2007.
Findings
The Court found that, due to the specialized knowledge required to parse the SEC's rules and distinguish permissible from prohibited conduct, there was a “serious risk” that antitrust courts would produce inconsistent results. The Court also expressed a concern that allowing antitrust claims here would weaken the heightened pleading requirements in the Private Securities Litigation Reform Act, which Congress passed to weed out “umeritorious securities lawsuits.”
Practical implications
The decision undoubtedly will have important implications regarding the extent to which the antitrust laws may be applied to other conduct regulated by the securities laws, or in the context of other regulated industries.
Orginality/value
The paper provides practical interpretation and guidance by experienced securities lawyers.
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Cayce Myers and Ruthann Lariscy
The purpose of this paper is to provide an overview of the historical evolution of campaign finance laws and suggest the legal implications for public relations practitioners…
Abstract
Purpose
The purpose of this paper is to provide an overview of the historical evolution of campaign finance laws and suggest the legal implications for public relations practitioners after the US Supreme Court's decision in Citizens United v. FEC.
Design/methodology/approach
The approach of this paper examines appellate case law and federal statutes to provide a legal analysis of the history of campaign finance laws and potential impact on public relations practitioners.
Findings
This research provides an overview of the evolution of campaign finance case law and federal statues in the USA and provides analysis of how the 2010 Citizens United case and a recent 2012 case, American Trade Partnership, are altering both the political and corporate landscapes. By allowing far greater contribution rights to corporations than any time since 1907, Citizens United is changing the role corporations may directly play in elections at all levels. Implications for how these changes may affect corporate public relations practitioners both professionally and ethically are discussed.
Practical implications
In a post-Citizens United era, corporate PR may now legally be engaged with many forms of highly political communications. Corporate PR may have a more political tone and ethical dilemmas may face practitioners who may be legally asked to perform communications tactics that are at odds with their political values.
Originality/value
Despite the academic analysis of Citizens United no study has evaluated the effect Citizens United and campaign finance laws on public relations practice.
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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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