Results 31 to 40 of about 328,628 (304)

CIVIL PROCEDURE TECHNIQUE AND (DE)LIMITATIONS OF THE POWERS OF THE JUDGES: CONTRIBUTIONS FROM A HERMENEUTICAL READING OF THE CIVIL PROCEDURAL LAW

open access: yesRevista Eletrônica de Direito Processual, 2018
THIS essay, under a hermeneutic-phenomenological “method”, will reflect upon the tradition of the disposition principle (legal principle which states that the judge cannot produce evidence ex officio), aiming to unveil that said principle was ...
Igor Raatz, William Galle Dietrich
doaj   +1 more source

Due Process, Fundamental Fairness, and Judicial Deference: The Illusory Difference Between State and Private Educational Institution Disciplinary Legal Requirements [PDF]

open access: yes, 2011
[Excerpt] “The educational process at a college or university, where students often experience new-found freedom, includes adherence to academic and behavioral standards.
Smith, Paul
core   +1 more source

The psychosocial toll of Dublin III on asylum seekers in the Netherlands

open access: yesAmerican Journal of Community Psychology, EarlyView.
Abstract The Dublin III Regulation determines which EU Member State is responsible for examining asylum claims, but its implementation carries significant consequences for those subjected to it. This study examines how Dublin III, as implemented in the Netherlands, affects asylum seekers' psychosocial wellbeing using Silove′s Adaptation and Development
Imen El Amouri
wiley   +1 more source

Administrative evidence without codification: judicial discretion and procedural balance in Egypt and Jordan

open access: yesFrontiers in Political Science
Administrative evidence constitutes a critical yet under-theorized domain where the rule of law meets the realities of state power. Despite growing comparative scholarship on administrative procedure, the evidentiary dimension of administrative ...
Mohammed Abdul Mohsen Mohammed bin Treef   +3 more
doaj   +1 more source

Gender inequality and judicial discretion in Muslims divorce of Indonesia

open access: yesCogent Social Sciences, 2023
Divorce of Muslims should be carried out in court, as opposed to the classical fiqh teachings still adhered to in some countries. In practice, this process is still gender biased and detrimental to women.
Ramadhita Ramadhita   +2 more
doaj   +1 more source

Delegational Delusions: Why Judges Should Be Able To Delegate Reasonable Authority Over Stated Supervised Release Conditions [PDF]

open access: yes, 2011
This Note examines the constitutionality of allowing a probation officer the discretion to either impose or forego particular conditions of a supervised release, depending on the officer\u27s assessment of the defendant\u27s needs.
Schraa, Eugenia
core   +1 more source

Superannuation Reimagined: Moving Beyond the Origins to an Indigenous Focus

open access: yesAustralian Journal of Social Issues, EarlyView.
ABSTRACT Retirement income systems, such as superannuation, are meant to be non‐discriminatory and consider disadvantage faced by members of society. There are significant differences between the life expectancies of Indigenous and non‐Indigenous peoples. The gap in life expectancies is not considered when determining when Indigenous peoples can retire.
Levon Ellen Blue   +2 more
wiley   +1 more source

Some Reasons Courts Have Become Active Participants in the Search for Ultimate Moral and Political Truth [PDF]

open access: yes, 2015
This short essay was prompted by the increasing delegation to courts of the responsibility for deciding what are basically moral questions, such as in litigation involving human rights conventions, as well as the responsibility for deciding basic issues ...
Christie, George C.
core   +1 more source

Judicial Perspectives on Neurodiversity in Queensland Courts, Tribunals and Commissions: Experiences With Disclosure and Witness Credibility

open access: yesAustralian Journal of Social Issues, EarlyView.
ABSTRACT Little is known about the impacts of the disclosure, or the non‐disclosure, of medical conditions associated with neurodiversity in the context of court proceedings and hearings before tribunals and commissions. This paper examines the experiences of twenty‐three Queensland Judges, Magistrates, and Tribunal and Commission Members with ...
Danielle Bozin   +5 more
wiley   +1 more source

Discretion Versus Modern Technologies and the Resourcefulness of Entrepreneurs (Using Tax Legal Relations as an Example)

open access: yesСибирское юридическое обозрение
The article is devoted to the current and highly controversial issues of the actions of executive authorities at their discretion and judicial control over administrative discretion.
M. N. Kobzar-Frolova
doaj   +1 more source

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