Civil Law Reform Toward Substantive Justice: A Comparative Study Between Indonesia and Spain
Introduction: Civil law reform increasingly grapples with a persistent dilemma: how to preserve doctrinal coherence while ensuring outcomes that realise substantive justice in concrete disputes.
Martinus Guntur Ohoiwutun +2 more
doaj +1 more source
Delegation and discretion [PDF]
There are many situations in which a principal delegates decisions to a better-informed agent but does not choose to give full discretion. This paper discusses one reason why this might be desirable: the agent may have tastes that differ from those of ...
Armstrong, Mark
core +1 more source
Decision rules and information provision: monitoring versus manipulation [PDF]
The paper focuses on the organization of institutions designed to resolve disputes between two parties, when some information is not veri…able and decision makers may have vested preferences.
Iossa, E, Palumbo, G
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Proof in civil and arbitration process and modernization of judicial system of Russia
In article a valid conclusion that the direction of creative activity of court (including, in aspect of a judicial discretion regarding proof and an assessment of evidentiary base) deserves to be a program question of extraordinary congress of judges of ...
V V Grebennikov, L YU Grudtsina
doaj
Brokering a Difficult Marriage: Substantive Defenses under Rule 60(b)(4) Relief from Default Judgments in Foreign Sovereign Immunities Act Proceedings [PDF]
This Note argues that U.S. courts should allow foreign states to raise substantive defenses when using Rule 60(b)(4) to challenge the courts\u27 jurisdiction to enter a default judg- ment.
Sutham, A. John
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Sul significato di "rimedi" [PDF]
The purpose of this essay is to reframe the conceptual division between rights and remedies by identifying those issues that are generally raised in the legal discourse when dealing with the two perspectives.
SMORTO, Guido
core
Law enforcement and law-making aspects of justice
The author traces the evolution of the concept of «justice» of the Soviet legal science to modern Russian. The article justice considered as a function judicial authority, which combines elements of law enforcement and law-making.
A V Kornev
doaj
Artificial Intelligence in Judicial Decision-Making: Can a Robot Replace a Judge?
This article examines the concept of the “robot judge” and evaluates the legal, ethical, and human rights implications of using artificial intelligence in judicial decision-making.
Tatia Dolidze
doaj +1 more source
Agency discretion under judicial review
This paper analyzes the extent of agency discretion under different assumptions concerning judicial review: a) discrete judicial decision making; b) multi-member courts; c) decision costs at the Courts; d) multi-layer judiciary. The main results of this paper are: a) discrete judicial decision making and decision making costs at the Court generate ...
openaire +2 more sources
In the Furtherance of Justice, Injustice, or Both? A Multilevel Analysis of Courtroom Context and the Implementation of Three Strikes [PDF]
A hierarchical logistic model is used to analyze data on Three Strikes-eligible offenders in California and the counties in which they are sentenced.
Chen, Elsa Y.
core +1 more source

