Arbitration and insolvency proceedings are legal instruments governed by different objectives and different legal principles. While in arbitration the autonomy of the parties plays a major role, all insolvency proceedings are collective proceedings where autonomy of the parties is strictly limited, the majority of issues are regulated by binding legal provisions and strong controlling powers are vested into insolvency court. Therefore, in this article the authors analyse the issues of compatibility between insolvency proceedings and arbitration. The Lithuanian legal framework (...) which was in force until 30 June 2012 was ambiguous. According to the wording of Article 11 of the previous Law on Commercial Arbitration, disputes connected with bankruptcy shall not be submitted to arbitration. It was not entirely clear whether this provision was restricted to ‘core’ insolvency issues such as opening and conduct of the proceedings, appointment of the office holder, administration of the estate, liquidation etc. or it also included all other questions related with insolvency. The jurisprudence of the Lithuanian courts gave a broad meaning to the restriction expressed in the Law on Commercial Arbitration. Accordingly, such questions as verification of claims and disputes with the creditors were also excluded from arbitration after announcement of bankruptcy of the debtor. The authors argue that distinction should be drawn between cases in which an insolvent enterprise is a claimant and where it is a defendant. It is also important to draw a line between arbitration agreements entered into before announcement of bankruptcy and arbitration agreements concluded by the bankruptcy trustee with the consent of the majority of creditors. In this article, the new Law on Commercial Arbitration which has entered into force on 30 June 2012 is analysed and according to which an insolvent enterprise remains bound by arbitration agreement in both cases where it is a claimant and where it is a defendant. Several contentious issues of the new law are identified and analysed in the article, such as the position of other creditors in the proceedings, relation between arbitration and restructuring procedure, enforceability of arbitration agreement in cases where an insolvent enterprise lacks funding to pay arbitration costs etc. (shrink)

The aim of this article is to present some of the results of empirical research on the communication process at a trial conducted in Polish courts. These results will concern the participation of non-professional participants of a trial and the ways in which they deal with the communication process in the courtroom. The article presents the results of the analysis of the research material conducted in accordance with the detailed research questions and analytical categories. The analysis has especially shown that: (...) (1) the non-professional participants used some legal terminology, but the statements without legal terminology were also communicatively effective; (2) the level of activity of non-professional participants related to participation at the trial varied depending on what the activity concerned; the activity in asking questions to the presiding judges regarding legal issues and the course of the court proceedings appeared to be significant; (3) the non-professional participants’ had a real and significant problem with asking questions during the examination (the proper realization of this element of the trial); (4) the statements of the non-professional participants of a trial were very protective; they used many different “linguistic means of protection” (e.g., acts of supposition or acts of doubt) which are connected with the obligation to tell the truth, the prohibition of concealing the truth and giving false testimony during examination; (5) the non-professional participants of a trial reach for adequate argumentative acts, which are suitable for influencing the perception of specific events or persons, and they strengthen their statements by using appropriate linguistic means of persuasion. (shrink)

The paper analyses the problem of workload quotas for district court judges in relation to the standard statutory work time duration. The problem is set against the general tendency of increase in the number of cases brought before courts each year. District courts as the courts of first instance are faced with an ever growing flow of cases. With regard to civil cases, the numbers are increasing especially in the field of the law of obligations (disputes in relation to (...) sale, loan, credit, consumer credit, lease contracts, as well as contracts for the provision of services, etc.). As far as criminal cases are concerned, the numbers are increasing especially in the fields of robbery, theft, in particular car theft, disturbance of public order and other crimes. In these circumstances, it is extremely important to conduct the analysis of the activity of courts in order to obtain a picture of the current situation with regard to the workload of courts and judges. District courts deserve special attention. Uneven distribution of workload among courts and judges is often the reason for the increase of the number of cases where a final decision (judgement) is reached later than 6 months after the start of proceedings. This was pointed out in the Overview of Activities of the Lithuanian Courts and their Self-Governance Institutions (2009–2010), as well as in the report of the National Courts Administration (2010). Those documents underline the importance to analyse the workload of district court judges for the purposes of optimising work organisation, setting the number of judges, distribution of resources, evaluation of judges’ activity, etc. The said analysis is crucial in order to avoid exceeding working time quotas and excessive workload of judges. At present, the workload of district court judges is calculated in accordance with the regulation adopted by the Courts Council in 2004 (as amended in 2005) and it reflects the number of standard cases (civil, criminal cases and cases of administrative offences) as well as other types of procedural documents dealt with by a judge within a period of one month. However, there are no quotas set for judge’s workload with regard to the duration of the statutory work time. The quotas for separate procedural stages (preparation for hearings, hearings, adoption of decision (judgement), other procedural actions that a judge performs while administering justice) are inexistent. The calculation does not take into account whether those standard cases are heard by a single judge or by a panel of judges, the complexity of a particular case is neither reflected. Establishing quotas for district court judges and other court clerks (judge assistants, secretaries, etc.) should consist of legal, organisational-procedural and technical-economical activity. The Ministry of Justice of the Republic of Lithuania, the National Courts Administration, the Courts Council as well as chairmen and experienced judges of district courts should play an active part in the process of establishing quotas. A special role should be assumed by the General Assembly of Judges. (shrink)

Contestable motives of filing reports comprise a set of factors which were not present in the origin of the reported criminal act, as stated by the reporting individual. The objective of such reports is to create circumstances which would lead to the either an imaginary or implicated perpetrator being brought to criminal justice. These types of reports generate a number of doubts and investigative problems. Recently, in the light of newly introduced legislative changes into the methods of investigative procedures in (...) relation to sexual assault, this issue has become much more significant. The following publication includes a detailed description of the legal and psychological situation of an individual who has been classified as a victim in a case of sexual assault. The article includes an analysis of statistical data encompassing the period after the introduction of the aforementioned legislative changes in the type of investigative procedures as well as a qualitative analysis of the major factors influencing the process of filing contestable reports of such crimes. The research has been conducted on the basis of analysing a total of 50 cases. It is the opinion of the author that an expert court psychologist, whose presence is mandatory in these types of cases and whose opinion formulated in the course of preparatory proceedings ought to play a key role in the disclosure of false pretences accompanying such reports. (shrink)

Obstacles in dealing with child sexual abuse can hinder survivors in the process of coming to terms with their experiences. The present study aims to identify and analyze factors that may pose obstacles in the long-term process of dealing with CSA. It is part of a larger research consortium “Auf-Wirkung,” funded by the German Federal Ministry of Education and Research, and was conducted in cooperation with the Independent Inquiry into Child Sexual Abuse in Germany. The IICSAG was appointed by the (...) Independent Commissioner for Child Sexual Abuse Issues and the German Federal Ministry for Family Affairs, Senior Citizens, Women, and Youth in 2016. To determine responsibilities, recognize injustice, and further acknowledge the survivors of CSA in the Federal Republic of Germany and the German Democratic Republic, the Independent Inquiry has held 1,303 private sessions with survivors of CSA by Oct. 17th, 2020. The present study focuses on exploring reoccurring problematic experiences reported by survivors in private sessions regarding the long-term process of dealing with experiences of CSA. A total of 30 transcripts of private sessions, conducted by members and appointees of the IICSAG between September 2016 and June 2019, were analyzed using qualitative content analysis. Attendants of private sessions described a variety of obstacles, including negative social reactions to disclosure, institutions' unwillingness to elucidate occurrences of CSA within their midst, as well as general financial difficulties, and those linked to redress claims. Manipulative grooming by perpetrators and limited access to adequate psychotherapy were perceived as obstructive by survivors dealing with CSA. In the context of criminal proceedings, survivors reported long durations of court proceedings and negative experiences in connection to credibility assessment. Results will be discussed to better support survivors of CSA in the process of dealing with their experiences in the future. (shrink)

Decisions of regulatory government bodies and courts affect many aspects of citizens’ lives. These organizations and courts are expected to provide timely and coherent decisions, although they struggle to keep up with the increasing demand. The ability of machine learning (ML) models to predict such decisions based on past cases under similar circumstances was assessed in some recent works. The dominant conclusion is that the prediction goal is achievable with high accuracy. Nevertheless, most of those works do not consider important (...) aspects for ML models that can impact performance and affect real-world usefulness, such as consistency, out-of-sample applicability, generality, and explainability preservation. To our knowledge, none considered all those aspects, and no previous study addressed the joint use of metadata and text-extracted variables to predict administrative decisions. We propose a predictive model that addresses the abovementioned concerns based on a two-stage cascade classifier. The model employs a first-stage prediction based on textual features extracted from the original documents and a second-stage classifier that includes proceedings’ metadata. The study was conducted using time-based cross-validation, built on data available before the predicted judgment. It provides predictions as soon as the decision date is scheduled and only considers the first document in each proceeding, along with the metadata recorded when the infringement is first registered. Finally, the proposed model provides local explainability by preserving visibility on the textual features and employing the SHapley Additive exPlanations (SHAP). Our findings suggest that this cascade approach surpasses the standalone stages and achieves relatively high Precision and Recall when both text and metadata are available while preserving real-world usefulness. With a weighted F1 score of 0.900, the results outperform the text-only baseline by 1.24% and the metadata-only baseline by 5.63%, with better discriminative properties evaluated by the receiver operating characteristic and precision-recall curves. (shrink)

The Proceedings present the contributions to the 13th International Kant Congress which was held at the University of Oslo, August 6-9, 2019. The congress, which hosted speakers from more than thirty countries and five continents, was dedicated to the topic of the court of reason. The idea that reason stands before itself as a tribunal characterizes the whole of Kant's critical project. Without such a court, reason falls into conflict with itself. With such a court in place, (...) however, it may succeed in establishing the possibility and limits of metaphysics, ethics, aesthetics, law and science. The idea of reason being its own judge is not only pivotal to a proper understanding of Kant's philosophy, but can also shed light on the burgeoning fields of meta-philosophy and philosophical methodology. The 2019 Kant Congress put special emphasis on Kant's methodology, his account of conceptual critique, and the relevance of his ideas to current issues in especially political philosophy and the philosophy of law. Additional sections discussed a wide range of topics in Kant's philosophy. The Proceedings will provide anyone who is interested in exploring the variety of present-day work on Kant and Kantian themes with a wealth of fruitful inspiration. (shrink)

The Proceedings present the contributions to the 13th International Kant Congress which was held at the University of Oslo, August 6-9, 2019. The congress, which hosted speakers from more than thirty countries and five continents, was dedicated to the topic of the court of reason. The idea that reason stands before itself as a tribunal characterizes the whole of Kant's critical project. Without such a court, reason falls into conflict with itself. With such a court in place, (...) however, it may succeed in establishing the possibility and limits of metaphysics, ethics, aesthetics, law and science. The idea of reason being its own judge is not only pivotal to a proper understanding of Kant's philosophy, but can also shed light on the burgeoning fields of meta-philosophy and philosophical methodology. The 2019 Kant Congress put special emphasis on Kant's methodology, his account of conceptual critique, and the relevance of his ideas to current issues in especially political philosophy and the philosophy of law. Additional sections discussed a wide range of topics in Kant's philosophy. The Proceedings will provide anyone who is interested in exploring the variety of present-day work on Kant and Kantian themes with a wealth of fruitful inspiration. (shrink)

Typology of perpetrators of domestic violence The objective of the research conducted by the author was to obtain an answer to the question: could we distinguish different types of intrafamily violence perpetrators considering a specified profile of personality factors and temperament traits and how domestic violence perpetrators cope with stressful situations? The research was conducted on a group of 325 men who were convicted pursuant to article 207§1 & 2 of harassment over family members. In terms of a gender the (...) group was homogenous. On the basis of the literature on the subject, the following personality traits of violence perpetrators were categorised: locus of control, self-acceptance, aggressiveness, hostility, intelligent quotient and temperament traits. The following research techniques were employed in the study: the Wechsler Intelligence Scale, Berger's Self-Acceptance Scale, the Delta Questionnaire by R. Drwal, the SABD Questionnaire - Buss-Durkee, Formal Characteristics of Behaviour - Temperament Inventory by J. Strelau, the WCQ questionnaire by R.S. Lazarus and S. Folkman, a categorised interview and an analysis of court records. As a result of the analysis conducted on a group of the studied sample of violence perpetrators, four subgroups, differing in terms of selected personality traits, were specified. They are reactively aggressive perpetrators, perpetrators of low preventive competences, psychopathic and retaliatory perpetrators and perpetrators with a big adaptive potential. Further on, four distinguished groups have been characterised in terms of stress-coping strategies, and psychological processes of coping with stress proceeded differently in the research group. (shrink)

In late 1949 the former Soviet Union conducted an open trial of eight Japanese physicians and researchers and four other military servicemen in Khabarovsk, a city in eastern Siberia. Despite its strong ideological tone and many obvious shortcomings such as the lack of international participation, the trial established beyond reasonable doubt that the Japanese army had prepared and deployed bacteriological weapons and that Japanese researchers had conducted cruel experiments on living human beings. However, the trial, together with the evidence presented (...) to the court and its major findings — which have proved remarkably accurate — was dismissed as communist propaganda and totally ignored in the West until the 1980s. This paper reviews the 1949 Khabarovsk trial, examines the West's dismissal of the proceedings as mere propaganda and draws some moral lessons for bioethics today. As an important historical case, set in the unique socio-political context of the Cold War, the West's dismissal of the trial powerfully illustrates some perennial ethical issues such as the ambivalence of evidence and the power of ideology in making (or failing to make) cross-national and cross-cultural factual and moral judgments. (shrink)

This article analyses jurisdiction regarding administrative proceedings (lawsuits) in Jordan and France. Moreover, it also discusses the fact that jurisdiction regulates two matters of the utmost importance: the distribution of jurisdiction between ordinary and administrative jurisdictions and the distribution of jurisdiction between administrative jurisdictions themselves in States whose jurisdiction in administrative proceedings is distributed to more than one administrative organ. Moving on, this research was conducted using several research approaches such as, the comparative and analytical approach. The research concluded with (...) a number of conclusions and recommendations, the most important of which was the establishment of an Administrative Proceedings Management Service (APMS), as did the French Administrative Judicial Code, in which attendance was compulsory. To add on, the office of the Administrative Proceedings Administration must have a judge of its own, which corresponds to the post of the judge in the French Administrative Court. The judge will handle the completion of the data regarding both lawsuit parties, and request the documents needed for the case at hand. With that being said, the Jordanian Constitutional Court must reverse its interpretative decision, stating that the administrative justice is part of the ordinary judiciary—in referral to The Constitutional Court’s interpretation of the provisions of the Constitution, which considered the administrative judiciary as an integral part of the ordinary judiciary. Lastly, the research concluded that The French Administrative Judiciary must be taken into consideration regarding the establishment of an administrative judiciary independent from all aspects of the ordinary judiciary, and the explicit introduction of the dual judicial system. (shrink)

This article examines disciplinary proceedings about sexual misconduct by lawyers. Sexual misconduct in a professional relationship is harmful and unacceptable and should result in immediate disciplinary action to protect victims, future victims and the public. However, there is no explicit offence of sexual misconduct in Australian disciplinary legislation regarding lawyers. Rather, sexual misconduct must be linked to the statutory offences. While the Australian Solicitors’ Conduct Rules guide the interpretation of the offences, there is only express reference to sexual harassment. (...) We examined tribunal and court legal disciplinary cases from 2000 to 2020 across all Australian jurisdictions in which sexual misconduct had occurred. Decision makers typically only considered sexual misconduct sufficiently egregious to meet the required standard of a disciplinary offence when accompanied by a criminal conviction. The conduct was often portrayed as a result of character flaws, rather than harmful to victims and the public. Thus, decision makers failed to locate the behaviour in the wider incidence of violence against women. The profession’s failure to acknowledge sexual misconduct reflects narrow professional norms which do not robustly protect victims. Explicit acknowledgement of sexual misconduct in disciplinary proceedings is essential. These amendments would signify the importance, frequency and impact of sexual misconduct. (shrink)

The article explores court forms as an interactive genre essential for legal-lay communication in civil and family proceedings: court forms elicit key information from predominantly lay users for the purposes of court administration and the judiciary. The information presented in court forms defines the agenda and communicative focus of the subsequent hearings and settlement negotiations, and in some instances even the path the proceedings would take. It is thus important to consider court forms in terms (...) of their comprehensibility as well as functionality for eliciting legally coherent narratives and facilitating efficient engagement of lay participants with the proceedings. The case study presented in the article draws on the combination of corpus linguistics and discourse analysis to explore two versions of the court form most frequently used by self-represented parties in England and Wales, ‘Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing’. The comparison of the paper form and its redesigned online version identifies the improvements made as part of the digitisation process but also indicates communicative challenges which can prevent the lay person from presenting the relevant information. The discussion provides an opportunity to reflect on the role of language in online courts. (shrink)

The Conduct of Inquiry is a practical introduction to logic and scientific method. It provides a comprehensive and current discussion of the logic of scientific method and scientific reasoning. The author places consistent stress on the evaluation of actual scientific reasoning and the development of critical thinking skills by employing numerous examples that require the application of the principles discussed in the text. Each chapter lays out basic, underlying principles of logic and scientific method and illustrates them by reference (...) to detailed case studies in the history of science. The method of proceeding from concrete case studies to general principle embodied in the examples provides an understandable progression for those learning the basic ideas of logic and scientific method. (shrink)

The paper presents findings gathered in an exploratory, descriptive, corpus-based analysis of a parallel corpus composed of English corporate documents and their translations into Polish with regard to the frequency-related, binary strategy distribution pattern. In general, the author posits a distinctiveness of interlingual communication in the domain of law, as delineated by the institutional and disciplinary framework. The material extracted from the corpus and studied for its generic features points to the hermetic character of corporate written communication in English. The (...) thesis to be verified is whether there are any tendencies in the distribution of the translation strategies in the corpus texts. The research question was operationalised via coding the corpus extracts according to the binary strategy division scheme. Further, the data have been discussed in reference to the sociocultural background of the communicative situation covered under the analysis in order to account for the translators’ motivation. (shrink)

Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three (...) or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation. (shrink)

Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe that both (...) approaches are misguided. There is no such thing as a single “principle of legality;” yet, the four aforementioned rules are not unrelated to each other. The so-called “principle of legality” consists of two distinct norms that derive, respectively, from two fundamental principles of criminal justice, viz., the principle, “No person shall be punished in the absence of a bad mind,” and the principle that underlies the maxim, “Every person is presumed innocent until proven guilty.” The first norm of legality explains the rules regarding ex post facto legislation, and rules regarding “notice” and “fair warning” of judicial decisions. When a person is punished for violating a rule that was non-existent or unclear at the time he acted, he is punished for conduct that the state now condemns and seeks to prevent by means of penal sanctions. Accordingly, at the time the person is prosecuted, his claim is not that he did not do anything that the state regards as wrong, but, rather, that he neither knew nor should have known that he was doing something that the state would come to regard as wrong. He ought, indeed, to be excused for his mistake, but only because of a principle that is common to excuses generally: “No person ought to be punished in the absence of a guilty mind.” He should be excused because even when a person does something the state condemns and seeks to prevent, he ought not to be blamed for it unless he was motivated in a certain way, namely, by an attitude of disrespect for the legitimate interests of the political community by whose norms he is bound.The second norm of legality informs several of the remaining rules, though not all of them. The second norm is that a person ought not to be punished in the name of a political community unless it can confidently be said that the community officially regards his conduct as warranting the criminal punishment at issue. It is a norm that is most commonly associated with the rule of lenity, but it is not confined to the construction of statutes that are ambiguous or vague. It can also be also violated when a person is punished for violating a statute that has fallen into desuetude, regardless of how widely promulgated or narrowly defined the statute may be. This second norm derives from a principle that also underlies the presumption of innocence - the only difference being that the presumption of innocence is a preference for acquittal in the event of uncertainty regarding the facts which an actor is charged, while the second norm of legality is a preference for acquittal in the event of uncertainty regarding the scope of the offense which he is charged.Nevertheless, one “rule” remains that this analysis throws into question - namely, the rule that “vague” criminal statutes are void. Criminal statutes are sometimes so broadly defined that they do, indeed, infringe constitutionally protected rights of speech, movement, etc. - in which event they ought to be invalidated on those very grounds. And criminal statutes are sometimes so broadly drafted that, before applying them, courts ought to construe them to apply only to constitutionally unprotected acts that courts can confidently say the relevant political community regards as warranting punishment. But once statutes are so construed to apply only to constitutionally unprotected conduct, courts have no further reason to invalidate them on grounds of “vagueness.” Lack of “notice” is no reason to invalidate them because, with respect to the narrowly defined conduct such statutes are construed to prohibit, “common social duty” alone ought to alert actors that their conduct is suspect. (shrink)

The purpose of this research was to discover and describe the economic contribution one group of women entrepreneurs. The research participants were lowresource and laid-off women who had graduated from a Microenterprise Assistance Program . There was no differentiation among women by age, race, or ethnicity. The theoretical landscape that underpins this research includes economic geography and women entrepreneurs, and entrepreneurship and economic development. This research provided a geographic representation of the dispersion and volume of the self-reported business expenses of (...) women entrepreneurs located in one geographic area. In addition, this research developed and examined the viability of an assessment tool that maps the business payments made by entrepreneurs. (shrink)

The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to dispute (...) resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible. (shrink)

Confessions both hold a great promise and pose a grave danger. When the accused speaks against his interest and assumes responsibility for criminal actions this is viewed as a compelling sign of guilt. It is not, therefore, for naught that the confession has been crowned the "queen of evidence." Yet research conducted in the last few decades has shown that a substantial number of confessions are false, ranking the out of court confession high among the factors leading to the (...) conviction of innocent people. The acceptance of DNA testing, has further substantiated this finding, igniting a renewed interest in out-of-court confessions. It is hard to assess the magnitude of social harm caused by the widespread and persistent resort to obtaining confessions, but one thing is evident from the vast literature on the matter: this evidentiary mechanism is currently overused, much beyond the optimal level. The reasons for this over-use are varied, among them the fact that confessions are readily available for law enforcement officers, and that those in charge of trying the facts tend to overwhelmingly convict based on out-of-court confessions, while underestimating the associated dangers. As a result, confessions have come to play a paramount role in the criminal justice system. Many attempts have been made to deal with confession-based wrongful convictions. Examples include the Miranda rules or the requirements for varying degrees and types of corroborating evidence. To date, all the rules and proposals share a common characteristic: They all attempt to correct the evidentiary fallacies associated with out-of-court confessions by evidentiary means, whether admissibility oriented or weight oriented. In the article we argue that none of the proposed mechanisms is likely to solve the problem. The root of the problem lies in the fact that the entire criminal justice system is currently organized around confessions. Law enforcement officers focus on obtaining confessions and the prosecution uses it as its evidentiary centerpiece. Further restricting admissibility or requiring a higher degree of corroboration will not change this trend. Moreover, the confessional lure is too strong to resist. Like the Sirens' Song, the confession casts a spell on all those subjected to it and, no matter how strong a corroboration we require, we will eventually fall back on the confession. We propose an entirely different solution to the tendency to over-use confessions, one that utilizes penal means to change the incentive structure within the criminal justice system. We propose to incorporate into the sentencing guidelines a mandatory reduction of the criminal sanction whenever an out-of-court confession is introduced into evidence by the prosecution. In other words, our proposal is to elevate the cost of using out-of court confessions, as compared to other types of evidence. The article will demonstrate how placing such a "sentencing price tag" on the use of out-of-court confessions will correct the current bias in favor of using this evidence and induce law enforcement officials to seek extrinsic evidence, thus turning confessions into a residual evidentiary devise. The article will also show that the proposed regime will improve the court's ability to distinguish between true and false confessions. After discussing the proposed model's normative appeal, the article will proceed to deal with possible criticisms which can be leveled against it, whether retributive, utilitarian or expressive. (shrink)

Book reviews in this journal usually proceed by considering the value of the book in question for Dewey scholarship. In this case I would rather say that this book is of interest to Dewey scholars. Jackson’s general project is heavily informed by Dewey’s pluralistic brand of pragmatism. As Jackson notes “Dewey’s Logic . . . stand[s] firmly in the tradition leading to this book” (216). Dewey scholars will greet Jackson’s extension of this approach to the study of international relations warmly. (...) Over the last thirty years, international relations specialists have debated the merits of a variety of methodological and philosophical options while at the same time a dominant theme has been to make the field .. (shrink)

This article focuses on contemporary work on public knowledge of, information about, and public images and judgments of law and courts. It begins with a brief digression on the nature of the scholarship on public opinion and the operation of courts and postulates that courts are political institutions. In order to highlight the importance of judicial knowledge, democratic theory is explained in the article. The theory of judicial influence is a theory of individual-level attitude change. A great deal more research, (...) however, must be conducted before the hypothesis of attitude change can be accepted. Legitimacy is one of the most highly valued forms of political capital. Available evidence indicates that national high courts differ greatly in the legitimacy they have acquired. Future research should focus on the processes through which courts become salient to ordinary people and how interactions with courts, especially judicial symbols, contribute to institutional legitimacy. (shrink)

Withdrawal of artificially delivered nutrition and hydration (ANH) from patients in a permanent vegetative state (PVS) requires judicial approval in England and Wales, even when families and healthcare professionals agree that withdrawal is in the patient9s best interests. Part of the rationale underpinning the original recommendation for such court approval was the reassurance of patients’ families, but there has been no research as to whether or not family members are reassured by the requirement for court proceedings or how (...) they experience the process. The research reported here draws on in-depth narrative interviews with 10 family members (from five different families) of PVS patients who have been the subject of court proceedings for ANH-withdrawal. We analyse the empirical evidence to understand how family members perceive and experience the process of applying to the courts for ANH-withdrawal and consider the ethical and practice implications of our findings. Our analysis of family experience supports arguments grounded in economic and legal analysis that court approval should no longer be required. We conclude with some suggestions for how we might develop other more efficient, just and humane mechanisms for reviewing best interests decisions about ANH-withdrawal from these patients. (shrink)

The Proceedings present the contributions to the 13th International Kant Congress which was held at the University of Oslo, August 6-9, 2019. The congress, which hosted speakers from more than thirty countries and five continents, was dedicated to the topic of the court of reason. The idea that reason stands before itself as a tribunal characterizes the whole of Kant's critical project. Without such a court, reason falls into conflict with itself. With such a court in place, (...) however, it may succeed in establishing the possibility and limits of metaphysics, ethics, aesthetics, law and science. The idea of reason being its own judge is not only pivotal to a proper understanding of Kant's philosophy, but can also shed light on the burgeoning fields of meta-philosophy and philosophical methodology. The 2019 Kant Congress put special emphasis on Kant's methodology, his account of conceptual critique, and the relevance of his ideas to current issues in especially political philosophy and the philosophy of law. Additional sections discussed a wide range of topics in Kant's philosophy. The Proceedings will provide anyone who is interested in exploring the variety of present-day work on Kant and Kantian themes with a wealth of fruitful inspiration. (shrink)

In Home Building & Loan Assn. v. Blaisdell, the Supreme Court upheld the constitutionality of the Minnesota Mortgage Moratorium Act. Under the terms of the Act---one of the many pieces of moratory legislation enacted due to the Great Depression---mortgagors who found themselves unable to make their payments could turn to the state courts for an alteration of their payment schedule. It is clear that if there ever was a state of affairs in which one could justify the imposition of (...) debtor relief, the circumstances in Minnesota during the early 1930s would have filled the bill. By most accounts, the Act was justifiable from a policy perspective. ;Nevertheless, the outcome did not please everyone. The question before the Court was whether the proceedings authorized by the Act violated the contracts clause of the Constitution. Article 1, §10 provides that "No State...pass any...law impairing the Obligation of Contracts." The Act did impair the obligation of mortgage contracts. Furthermore, the Act was exactly the kind of debtor relief legislation that the contracts clause meant to forbid. The basic premise underlying the majority opinion was that a constitutional provision should be interpreted both in the context of the entire Constitution and in the context of the social situation confronting the Court. According to the dissent, the framing of the Constitution fixed the meaning of a provision for all cases arising across time. The two approaches represent two extremes in constitutional interpretation. However, the basic agreement is over how the Constitution should evolve. The basic disagreement concerns the problem of constitutional change. ;In a recent work, Robert Lipkin radically rethinks modern constitutional jurisprudence, challenging the received view of constitutional change. His theory of "constitutional revolutions" implies that conventionalism, coherentism, pragmatism, and naturalism all fall short as the best theory of constitutional change. In addition to offering a critique of Lipkin's theory, the present work conducts an independent investigation the theories Lipkin rejects. Such an investigation will not only help ascertain the legitimacy of Lipkin's theory of constitutional revolutions in particular, but of radical constitutional change in general. (shrink)

With reference to the Dutch model, which has been adopted by the Lithuanian Civil Code, the possibility to renounce Investigation Proceedings in the Articles of Incorporation or shareholder agreements is analysed in this article. The mandatory nature of the Investigation Proceedings is derived from the provisions of the Code, mainly: from an active role of the court, typical to the cases with the element of public interest, from specific rules for protecting the public interest in the course of the (...) Investigation Proceedings, also taking into account statutory duties of managers, the scope of which may not be narrowed by SHA, and the fact, that the Investigation Proceedings is generally designated to be an instrument to safeguard the interests of minority shareholders against the abuse of their rights by the company, and, finally, acknowledging the extraordinary nature of remedies available in the Investigation Proceedings. (shrink)

The paper addresses the issue of a relatively new institution of criminal procedural law in Latvia. The article is relevant due to the need for an effective mechanism for the objective possibility of realization of the right person for the completion of the criminal process in a reasonable time. Analysis of the European Court of Human Rights has allowed some conclusions that should be considered when investigating criminal cases.

The results of numerous research studies have revealed that the style in which people deliver their speech impacts on the way they are perceived by others. This is particularly so in the adversarial courtroom, where witnesses' credibility is crucial for winning a case. When witnesses do not speak the language of the courtroom, interpreters are employed to interpret the proceedings accurately. The meaning of `accuracy', however, may not be fully understood by all involved. This article presents the results of a (...) data-based study of Spanish—English court proceedings where it was found that interpreters tend to accurately interpret only the content of witnesses' answers, but constantly alter the style of testimony, either favourably or detrimentally, thus potentially changing the outcome of the case. (shrink)

William of Poitiers began his career as a knight before studying in the schools of Poitiers and entering the Church. He became a chaplain in the household of William the Conqueror, and was able to give a first-hand account of the events of 1066-7. The Gesta Guillelmi, his unfinished biography of the king, is particularly important for its detailed description of William's campaigns in Normandy, the careful preparations he made for the invasion of England, the battle of Hastings and the (...) establishment of Norman power after the Conquest. It is a mine of information of military tactics and the conduct of war in the eleventh century. Though written from the point of view of the Norman court, it gives what is probably the most authentic account of these momentous events. This edition, by the late R. H. C. Davis and Marjorie Chibnall, with facing-page English translation of the Latin text, provides the first complete English translation, as well as a full historical introduction and detailed notes. (shrink)

The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today.This fully updated second edition of Abuse of Process and Judicial Stays of (...) Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area. (shrink)

Court (Shar’iyya) recordings are at the forefront of primary written sources, which contain important documents related to Turkish history, sociology and culture. The court records shed light on city history of the period concerned with rich information and documents. These records are important books in which the documents related to the judicial, administrative, economic, architectural and social structure of a city as well as diplomatic correspondence between the center and the province were recorded. The purpose of this study (...) is to prepare a detailed catalog in addition to the catalog which was made in 1963 and contained only 119 books specifying only the dates covered by the book number. As we have seen in this study, all of the 119 notebooks in the records do not consist of the court registers in the known form. They are the books that include the records of court proceedings, which are different from those of the court, especially after the Tanzimat e.g. Qassam, Enkiha, Zabt al-Da’wa, Permission and so on. The microfilms of the books were presented to the service of researchers in Sivas Ziya Bey Library of Ancient Works. The originals of the books are in the Prime Ministry State Archives.SummaryShar’iyyaregisters are one of the primary written sources about Turkish history, sociology, and culture relevant to our life. Registry records shed light on the history of city in the relevant period by containing rich information and documents. They are important notebooks, which are related to the judicial, administrative, economic, architectural and social structure of a city, and also in the form of diplomatic correspondence between the central and provincial posts.After the Anatolian Selçuk (Saljūq) State, which collapsed under the pressure and domination of the Iranian Mongols in the last half of the XIIIth century, a state was established in the Selçuk-Byzantine border in the north-west of Anatolia in XIVth century, which did not even lasted a hundred years and had a reign in three continents. In the Bursa inscription, which dated to 1337/8, the second Ottoman Sultan (Sulṭān) Orhan was titled as the mujahedeen (warrior), the sultan of the veterans, son of veteran of veteran. The fact that Orhan carring these titles shows that since the earliest times, the Ottoman sultans considered themselves as the leader of the religious war against the infidels. Since the first years of the establishment of the Ottoman State, the Sharīʿa ruled on the establishment of administration and for this reason, they established institution of the Shaykh al-Islām(the chief juristconsult). Firstly, by appointing a subaşı(subashi, an Ottoman gubernatorial title) to the conquered places, then it gradually began to establish judicial courts from the smallest areas.In the XVth century, the number of qāḍī increased in parallel with the increase in their jurisdiction as a result of the expansion of the Ottoman Empire, and the proliferation of the administrative units called sancak, (sanjaq, division of a province) and so the failure of oneqāḍīto satisfy court affairs of an entire sanjaq. New districts arose from some of the former large districts. As a result of this in the XVIth century, the administrative system of the sanjaq's Tımar system and at the same time a geographical integrity of the districts/provinces to see the legal work of a qāḍī to pass by the districts and sub-district as a legal caused to occur two legal definitions that is legal and military administrative. Records of qāḍīs, which is called as sicilemerged because it was their duty to record their works and orders issued to them and the answers and the provisions given to them.The courts of Shar’iyyaserved as primary general courts (maḥākim-i ʿumūmiye) until the declaration of the Tanẓīmāt in the Ottoman Empire and heard the suit at legal, criminal, administrative, military, financial and all kinds of cases. Tanẓīmāt period, or rather Maḥmūd II and the period following him, the judicial organs in terms of reorganization was a circuit that was on the scene.In this way, which was occurred in the judicial system, records which were kept in the Meşihat (Mashīkhat) began to diversify depending on this change. Since in the registry books, which we call classical, all correspondence between the central and provincial offices were recorded. Records such as pleas, letters of patent, verdicts, order of the high, bonds etc. could be found in these documents.These records, which are one of the most important sources of an Ottoman city history, were kept in the museums and libraries of the cities until recently. A few years ago, these records, with a correct decision, were collected in the Prime Ministry Ottoman Archives and it was preserved and presented to the use of researchers by transferring them into digital. The Sivas Court building as it is known in history is now in the Pāshābeg quarter and known as the Court Bazaar in these days. There is no clear information about when the court was built in Sivas. In time, changes have occurred in cities and we are losing the historical side of them. In addition, the fact that people acted in an unconscious manner that would harm the historical texture was the biggest factor in disappearance of material remains. With the remaining physical materials available, we can only access crumb information and we can only make predictions. In this evaluation, the biggest materials are the documents and notebooks, which are the memory of city dates. However, it is understood from the records that there is a foundation belonging to this court and some of the court's repair and maintenance works were carried out by this foundation. As it is understood from a document dated 14 August 1798, one of the repairs was sponsored by Ḥüseyin Efendī. In an inscription dated 1906, which was found during the renovation of the basement of an apartment building owned by the General Directorate of Foundations in May 2018, the location of the building was previously known as the Sivas Muftī 's Office.In this study, a total of 240 registry books belonging to Sivas were prepared as in a catalog system. In this study, we have seen that a great deal of records have been lost, burnt or destroyed in a certain way through history. The burn marks in the records of 79 is a striking example in this regard. The book number 139, which is not shown in Osman Ersoy's work, is a record book in classical form. An important case in this study is that the register number 206, which is registered to Sivas, belongs to the province of Burdur and it is also a registry book in classical form. This book covers the dates of 18 M. 1248/23 N.1250 - 1832-1835. (shrink)

This article refers to the issues associated with the crucial significance of the interpretation of tax law provisions made by administrative courts in the course of the judicial inspection of tax decisions, within the context of protecting the subjective rights of taxpayers. The analysis in that regard has been prepared based on the provisions of art. 153 of the Act of 25 July 2002 on Proceedings before Administrative Courts, which expresses the important rule of binding the court and the (...) administrative authority, whose act was the subject of an appeal, with a legal assessment and instructions regarding the further proceedings described in the decision of the administrative court. As a result of this rule, a decision of an administrative court exerts the results exceeding the scope of judicial administrative proceedings, while its effect also covers the future tax proceedings. If the legal assessment made by the court refers to the regulations that affect the subjective rights of a taxpayer, it means that the administrative court imposes the effects of “its” interpretation of those provisions on a tax authority. In turn, the tax authority is obliged to respect those rights in accordance with the opinions of the court, which usually affects the final resolution of a tax case. It should be borne in mind that a taxpayer, by submitting an appeal against a tax decision to an administrative court, demands not only an inspection of the acts of tax administration, but also - which should be emphasized - demands the execution of its rights, including its subjective rights. Therefore, we should not forget the crucial role of the administrative courts in the protection of the substantive rights of taxpayers. The instrument that allows the administrative courts to guard the subjective rights of taxpayers, consists in the procedural regulations included in the provisions on proceedings before administrative courts, and in particular art. 153 of the Act on Proceedings before Administrative Courts in Poland. (shrink)

This article explores how the Portuguese legal system’s efforts to determine paternity of children born outside legal marriage, automatically initiated by the Registry Office when a birth registration does not indicate the father, reveal cultural models which reinforce the naturalisation of the differences between mothers and fathers, with significant effects on the social construction of parental roles and on expectations of family organisation and female sexual behaviour. The article relies on ethnographic data drawn from direct observation of court proceedings (...) for the determination of paternity, as well as interviews with judges and prosecuting counsels all over the country. It is argued that judicial practices in the specific context of courtroom investigations of paternity reinforce gender inequalities in two interrelated ways. On the one hand, they are strengthened in the discursive practices performed during the course of the interactions between judges, prosecuting counsels and the mother of the child, as well as the alleged father. On the other hand, the normative model of family life and the dominant ideology of women’s and men’s relationships, which emphasise women’s socially subordinate position, are revealed by the selective use of DNA testing in paternity cases, based on the judge’s evaluation of the mother’s sexual behaviour. The article argues that legal attempts to establish the paternity of children born outside marriage—though based on novel technical and supposedly objective procedures—tend, nevertheless, to reproduce the prevailing patriarchal structures. (shrink)

Scientists seeking to conduct research with human subjects must first submit their proposals to research ethics committees (Institutional Review Boards [IRBs], in the United States). Some of these studies pose risks to “bystanders,” i.e., people who may be affected by the research but who are not enrolled as study subjects. Should IRBs expand their scope to include oversight over possible harms to bystanders as well as research subjects? This paper presents arguments against this step. Prior review of research with (...) human subjects, despite its evident burden on the research enterprise, is a necessary caution, because the tension between the objectives of humane treatment of research subjects and sound scientific design and procedure has in the past led to serious abuses. This rationale is inapplicable in the case of bystanders. Moreover, in view of the many and varied effects of both research practices and scientific advances on the broader public over time, those who may be considered to be “bystanders” may potentially expand without limit; requiring IRBs to anticipate these distant and long‐term effects as part of prior ethical review could greatly increase its burden and its deterrent effect on research. While conducting research without concern for serious potential harm to bystanders may be irresponsible and unethical, expanding the scope of prior review by IRBs to include risks to bystanders is not required by the principles governing human subjects research, and the costs and burdens of this expansion may outweigh any expected gains. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Editor’s IntroductionGerard A. HauserThe call for papers for this special issue of Philosophy and Rhetoric1 acknowledged the continuous centrality of human agency across the history of Western thought on rhetoric. At its ancient Greek origins, the Sophists and philosophers were at swords points over the question of what constituted responsible speech and who had responsibility for the consequences of moving the demos to public actions that bore on the (...) city-state and the lives of its citizens. On the one hand, sophistic understood the human world as indeterminate, progressing or regressing through appeals that would establish social and political reality for the community through the power of language and argument to move the minds and hearts of citizens. Protagoras expressed this vision with his aphorism, "Man is the measure of all things, of the things that are, that they are, and of the things that are not, that they are not." Central to their understanding of the human world was a recognition and exploration of language's psychogogic powers. For the philosophers, on the other hand, sophistic's position represented a problematic abandonment of the quest for Eternal Truth.The tension between the quest for contingent truth and Eternal Truth is illustrated by Xenophon's rendition of the aftermath of the Athenian naval victory at Arginoussai, in 406 BCE. In his Hellenika,2 he recounts how some of the victorious fleet's sailors became separated from it during the confusion of battle and were left behind. Although the commanders sent a group to rescue them, violent seas thwarted their efforts and the men drowned. Upon returning to Athens as victors, the commanders were arrested and charged with cowardice. The Ecclesia met to decide whether to bind them over for trial. The commanders seemed to have persuaded most of their innocence, but time ran out for that day's proceedings before a vote on whether to bind them over for a trial could be taken. That evening, at a festival in the city, opponents of the commanders attended dressed in [End Page 181] black mourning clothes and pretended to be grieving relatives of the lost sailors. Their displays of sorrow over the sailors' deaths were so convincing that they swung the emotions of many in the opposite direction.The next day, opponents of the commanders played upon the events of the night before and the citizens, remembering the displays of grief they had witnessed, were persuaded to try the commanders themselves, rather than deciding whether to bind them over to the courts for trial. Arguments went back and forth on how to interpret the tragic event—were the commanders brave but foiled by nature, or was their conduct spineless? Did they deserve a laurel wreath for their victory in battle, or to be executed for cowardice in allowing the stranded sailors to drown? Finally a vote was taken and, reversing their sentiment from the day before, the citizens voted to condemn the commanders. The military leaders were taken away to be executed. Soon thereafter, Xenophon tells us, the citizens had a change of heart and wished to reverse their verdict. However, since it was too late—the generals having already been put to death!—they lodged a complaint against those who had persuaded them to convict for "deceiving the People."The story may be read as a representative anecdote of rhetoric's fatal flaw or of rhetoric's constitutive powers of agency. On one reading, Athenian Ecclesiasts, convulsed with emotion, were stripped of their agency by arguments seeking the probable through sensory engagement structured by phantasia and mimesis3 while lacking a foundation in the Eternally True. However, it also may be read as disclosing the absence of Eternal Truth on which to ground a human world, and the agential power of language—of rhetoric—to constitute understanding and action.4 On one side, agency resided in the self-aware person who made responsible arguments with reference to pure reason and ideal justice. On the other, agency resided in the powers of language to engage thoughts and emotions, of discourse to circulate, and of representative thinking5 for discovering human reality. These latter were products of human... (shrink)

Table of contentsI1 Proceedings of the 4th World Conference on Research IntegrityConcurrent Sessions:1. Countries' systems and policies to foster research integrityCS01.1 Second time around: Implementing and embedding a review of responsible conduct of research policy and practice in an Australian research-intensive universitySusan Patricia O'BrienCS01.2 Measures to promote research integrity in a university: the case of an Asian universityDanny Chan, Frederick Leung2. Examples of research integrity education programmes in different countriesCS02.1 Development of a state-run “cyber education program of research ethics” (...) in KoreaEun Jung Ko, Jin Sun Kwak, TaeHwan Gwon, Ji Min Lee, Min-Ho LeeCS02.3 Responsible conduct of research teachers’ training courses in Germany: keeping on drilling through hard boards for more RCR teachersHelga Nolte, Michael Gommel, Gerlinde Sponholz3. The research environment and policies to encourage research integrityCS03.1 Challenges and best practices in research integrity: bridging the gap between policy and practiceYordanka Krastev, Yamini Sandiran, Julia Connell, Nicky SolomonCS03.2 The Slovenian initiative for better research: from national activities to global reflectionsUrsa Opara Krasovec, Renata SribarCS03.3 Organizational climate assessments to support research integrity: background of the Survey of Organizational Research Climate and the experience with its use at Michigan State UniversityBrian C. Martinson, Carol R. Thrush, C.K. Gunsalus4. Expressions of concern and retractionsCS04.1 Proposed guidelines for retraction notices and their disseminationIvan Oransky, Adam MarcusCS04.2 Watching retractions: analysis of process and practice, with data from the Wiley retraction archivesChris Graf, Verity Warne, Edward Wates, Sue JoshuaCS04.3 An exploratory content analysis of Expressions of ConcernMiguel RoigCS04.4 An ethics researcher in the retraction processMichael Mumford5. Funders' role in fostering research integrityCS05.1 The Fonds de Recherche du Québec’s institutional rules on the responsible conduct of research: introspection in the funding agency activitiesMylène Deschênes, Catherine Olivier, Raphaëlle Dupras-LeducCS05.2 U.S. Public Health Service funds in an international setting: research integrity and complianceZoë Hammatt, Raju Tamot, Robin Parker, Cynthia Ricard, Loc Nguyen-Khoa, Sandra TitusCS05.3 Analyzing decision making of funders of public research as a case of information asymmetryKarsten Klint JensenCS05.4 Research integrity management: Empirical investigation of academia versus industrySimon Godecharle, Ben Nemery, Kris Dierickx5A: Education: For whom, how, and what?CS05A.1 Research integrity or responsible conduct of research? What do we aim for?Mickey Gjerris, Maud Marion Laird Eriksen, Jeppe Berggren HoejCS05A.2 Teaching and learning about RCR at the same time: a report on Epigeum’s RCR poll questions and other assessment activitiesNicholas H. SteneckCS05A.4 Minding the gap in research ethics education: strategies to assess and improve research competencies in community health workers/promoteresCamille Nebeker, Michael Kalichman, Elizabeth Mejia Booen, Blanca Azucena Pacheco, Rebeca Espinosa Giacinto, Sheila Castaneda6. Country examples of research reward systems and integrityCS06.1 Improving systems to promote responsible research in the Chinese Academy of SciencesDing Li, Qiong Chen, Guoli Zhu, Zhonghe SunCS06.4 Exploring the perception of research integrity amongst public health researchers in IndiaParthasarathi Ganguly, Barna Ganguly7. Education and guidance on research integrity: country differencesCS07.1 From integrity to unity: how research integrity guidance differs across universities in Europe.Noémie Aubert Bonn, Kris Dierickx, Simon GodecharleCS07.2 Can education and training develop research integrity? The spirit of the UNESCO 1974 recommendation and its updatingDaniele Bourcier, Jacques Bordé, Michèle LeducCS07.3 The education and implementation mechanisms of research ethics in Taiwan's higher education: an experience in Chinese web-based curriculum development for responsible conduct of researchChien Chou, Sophia Jui-An PanCS07.4 Educating principal investigators in Swiss research institutions: present and future perspectivesLouis Xaver Tiefenauer8. Measuring and rewarding research productivityCS08.1 Altimpact: how research integrity underpins research impactDaniel Barr, Paul TaylorCS08.2 Publication incentives: just reward or misdirection of funds?Lyn Margaret HornCS08.3 Why Socrates never charged a fee: factors contributing to challenges for research integrity and publication ethicsDeborah Poff9. Plagiarism and falsification: Behaviour and detectionCS09.1 Personality traits predict attitude towards plagiarism of self and others in biomedicine: plagiarism, yes we can?Martina Mavrinac, Gordana Brumini, Mladen PetrovečkiCS09.2 Investigating the concept of and attitudes toward plagiarism for science teachers in Brazil: any challenges for research integrity and policy?Christiane Coelho Santos, Sonia VasconcelosCS09.3 What have we learnt?: The CrossCheck Service from CrossRefRachael LammeyCS09.4 High p-values as a sign of data fabrication/falsificationChris Hartgerink, Marcel van Assen, Jelte Wicherts10. Codes for research integrity and collaborationsCS10.1 Research integrity in cross-border cooperation: a Nordic exampleHanne Silje HaugeCS10.3 Research integrity, research misconduct, and the National Science Foundation's requirement for the responsible conduct of researchAaron MankaCS10.4 A code of conduct for international scientific cooperation: human rights and research integrity in scientific collaborations with international academic and industry partnersRaffael Iturrizaga11. Countries' efforts to establish mentoring and networksCS11.1 ENRIO : a network facilitating common approaches on research integrity in EuropeNicole FoegerCS11.2 Helping junior investigators develop in a resource-limited country: a mentoring program in PeruA. Roxana Lescano, Claudio Lanata, Gissella Vasquez, Leguia Mariana, Marita Silva, Mathew Kasper, Claudia Montero, Daniel Bausch, Andres G LescanoCS11.3 Netherlands Research Integrity Network: the first six monthsFenneke Blom, Lex BouterCS11.4 A South African framework for research ethics and integrity for researchers, postgraduate students, research managers and administratorsLaetus OK Lategan12. Training and education in research integrity at an early career stageCS12.1 Research integrity in curricula for medical studentsGustavo Fitas ManaiaCS12.2 Team-based learning for training in the responsible conduct of research supports ethical decision-makingWayne T. McCormack, William L. Allen, Shane Connelly, Joshua Crites, Jeffrey Engler, Victoria Freedman, Cynthia W. Garvan, Paul Haidet, Joel Hockensmith, William McElroy, Erik Sander, Rebecca Volpe, Michael F. VerderameCS12.4 Research integrity and career prospects of junior researchersSnezana Krstic13. Systems and research environments in institutionsCS13.1 Implementing systems in research institutions to improve quality and reduce riskLouise HandyCS13.2 Creating an institutional environment that supports research integrityDebra Schaller-DemersCS13.3 Ethics and Integrity Development Grants: a mechanism to foster cultures of ethics and integrityPaul Taylor, Daniel BarrCS13.4 A culture of integrity at KU LeuvenInge Lerouge, Gerard Cielen, Liliane Schoofs14. Peer review and its role in research integrityCS14.1 Peer review research across disciplines: transdomain action in the European Cooperation in Science and Technology “New Frontiers of Peer Review ”Ana Marusic, Flaminio SquazzoniCS14.2 Using blinding to reduce bias in peer reviewDavid VauxCS14.3 How to intensify the role of reviewers to promote research integrityKhalid Al-Wazzan, Ibrahim AlorainyCS14.4 Credit where credit’s due: professionalizing and rewarding the role of peer reviewerChris Graf, Verity Warne15. Research ethics and oversight for research integrity: Does it work?CS15.1 The psychology of decision-making in research ethics governance structures: a theory of bounded rationalityNolan O'Brien, Suzanne Guerin, Philip DoddCS15.2 Investigator irregularities: iniquity, ignorance or incompetence?Frank Wells, Catherine BlewettCS15.3 Academic plagiarismFredric M. Litto16. Research integrity in EuropeCS16.1 Whose responsibility is it anyway?: A comparative analysis of core concepts and practice at European research-intensive universities to identify and develop good practices in research integrityItziar De Lecuona, Erika Löfstrom, Katrien MaesCS16.2 Research integrity guidance in European research universitiesKris Dierickx, Noémie Bonn, Simon GodecharleCS16.3 Research Integrity: processes and initiatives in Science Europe member organisationsTony Peatfield, Olivier Boehme, Science Europe Working Group on Research IntegrityCS16.4 Promoting research integrity in Italy: the experience of the Research Ethics and Bioethics Advisory Committee of the Consiglio Nazionale delle Ricerche Cinzia Caporale, Daniele Fanelli17. Training programs for research integrity at different levels of experience and seniorityCS17.1 Meaningful ways to incorporate research integrity and the responsible conduct of research into undergraduate, graduate, postdoctoral and faculty training programsJohn Carfora, Eric Strauss, William LynnCS17.2 "Recognize, respond, champion": Developing a one-day interactive workshop to increase confidence in research integrity issuesDieter De Bruyn, Bracke Nele, Katrien De Gelder, Stefanie Van der BurghtCS17.4 “Train the trainer” on cultural challenges imposed by international research integrity conversations: lessons from a projectJosé Roberto Lapa e Silva, Sonia M. R. Vasconcelos18. Research and societal responsibilityCS18.1 Promoting the societal responsibility of research as an integral part of research integrityHelene IngierdCS18.2 Social responsibility as an ethical imperative for scientists: research, education and service to societyMark FrankelCS18.3 The intertwined nature of social responsibility and hope in scienceDaniel Vasgird, Stephanie BirdCS18.4 Common barriers that impede our ability to create a culture of trustworthiness in the research communityMark Yarborough19. Publication ethicsCS19.1 The authors' forum: A proposed tool to improve practices of journal editors and promote a responsible research environmentIbrahim Alorainy, Khalid Al-WazzanCS19.2 Quantifying research integrity and its impact with text analyticsHarold GarnerCS19.3 A closer look at authorship and publication ethics of multi- and interdisciplinary teamsLisa Campo-Engelstein, Zubin Master, Elise Smith, David Resnik, Bryn Williams-JonesCS19.4 Invisibility of duplicate publications in biomedicineMario Malicki, Ana Utrobicic, Ana Marusic20. The causes of bad and wasteful research: What can we do?CS20.1 From countries to individuals: unravelling the causes of bias and misconduct with multilevel meta-meta-analysisDaniele Fanelli, John PA IoannidisCS20.2 Reducing research waste by integrating systems of oversight and regulationGerben ter Riet, Tom Walley, Lex Marius BouterCS20.3 What are the determinants of selective reporting?: The example of palliative care for non-cancer conditionsJenny van der Steen, Lex BouterCS20.4 Perceptions of plagiarism, self-plagiarism and redundancy in research: preliminary results from a national survey of Brazilian PhDsSonia Vasconcelos, Martha Sorenson, Francisco Prosdocimi, Hatisaburo Masuda, Edson Watanabe, José Carlos Pinto, Marisa Palácios, José Lapa e Silva, Jacqueline Leta, Adalberto Vieyra, André Pinto, Mauricio Sant’Ana, Rosemary Shinkai21. Are there country-specific elements of misconduct?CS21.1 The battle with plagiarism in Russian science: latest developmentsBoris YudinCS21.2 Researchers between ethics and misconduct: A French survey on social representations of misconduct and ethical standards within the scientific communityEtienne Vergès, Anne-Sophie Brun-Wauthier, Géraldine VialCS21.3 Experience from different ways of dealing with research misconduct and promoting research integrity in some Nordic countriesTorkild VintherCS21.4 Are there specifics in German research misconduct and the ways to cope with it?Volker Bähr, Charité22. Research integrity teaching programmes and their challengesCS22.1 Faculty mentors and research integrityMichael Kalichman, Dena PlemmonsCS22.2 Training the next generation of scientists to use principles of research quality assurance to improve data integrity and reliabilityRebecca Lynn Davies, Katrina LaubeCS22.3 Fostering research integrity in a culturally-diverse environmentCynthia Scheopner, John GallandCS22.4 Towards a standard retraction formHervé Maisonneuve, Evelyne Decullier23. Commercial research and integrityCS23.1 The will to commercialize: matters of concern in the cultural economy of return-on-investment researchBrian NobleCS23.2 Quality in drug discovery data reporting: a mission impossible?Anja Gilis, David J. Gallacher, Tom Lavrijssen, Malwitz David, Malini Dasgupta, Hans MolsCS23.3 Instituting a research integrity policy in the context of semi-private-sector funding: an example in the field of occupational health and safetyPaul-Emile Boileau24. The interface of publication ethics and institutional policiesCS24.1 The open access ethical paradox in an open government effortTony SavardCS24.2 How journals and institutions can work together to promote responsible conductEric MahCS24.3 Improving cooperation between journals and research institutions in research integrity casesElizabeth Wager, Sabine Kleinert25. Reproducibility of research and retractionsCS25.1 Promoting transparency in publications to reduce irreproducibilityVeronique Kiermer, Andrew Hufton, Melanie ClyneCS25.2 Retraction notices issued for publications by Latin American authors: what lessons can we learn?Sonia Vasconcelos, Renan Moritz Almeida, Aldo Fontes-Pereira, Fernanda Catelani, Karina RochaCS25.3 A preliminary report of the findings from the Reproducibility Project: Cancer biologyElizabeth Iorns, William Gunn26. Research integrity and specific country initiativesCS26.1 Promoting research integrity at CNRS, FranceMichèle Leduc, Lucienne LetellierCS26.2 In pursuit of compliance: is the tail wagging the dog?Cornelia MalherbeCS26.3 Newly established research integrity policies and practices: oversight systems of Japanese research universitiesTakehito Kamata27. Responsible conduct of research and country guidelinesCS27.1 Incentives or guidelines? Promoting responsible research communication through economic incentives or ethical guidelines?Vidar EnebakkCS27.3 Responsible conduct of research: a view from CanadaLynn PenrodCS27.4 The Danish Code of Conduct for Research Integrity: a national initiative to promote research integrity in DenmarkThomas Nørgaard, Charlotte Elverdam28. Behaviour, trust and honestyCS28.1 The reasons behind non-ethical behaviour in academiaYves FassinCS28.2 The psychological profile of the dishonest scholarCynthia FekkenCS28.3 Considering the implications of Dan Ariely’s keynote speech at the 3rd World Conference on Research Integrity in MontréalJamal Adam, Melissa S. AndersonCS28.4 Two large surveys on psychologists’ views on peer review and replicationJelte WichertsBrett Buttliere29. Reporting and publication bias and how to overcome itCS29.1 Data sharing: Experience at two open-access general medical journalsTrish GrovesCS29.2 Overcoming publication bias and selective reporting: completing the published recordDaniel ShanahanCS29.3 The EQUATOR Network: promoting responsible reporting of health research studiesIveta Simera, Shona Kirtley, Eleana Villanueva, Caroline Struthers, Angela MacCarthy, Douglas Altman30. The research environment and its implications for integrityCS30.1 Ranking of scientists: the Russian experienceElena GrebenshchikovaCS30.4 From cradle to grave: research integrity, research misconduct and cultural shiftsBronwyn Greene, Ted RohrPARTNER SYMPOSIAPartner Symposium AOrganized by EQUATOR Network, Enhancing the Quality and Transparency of Health ResearchP1 Can we trust the medical research literature?: Poor reporting and its consequencesIveta SimeraP2 What can BioMed Central do to improve published research?Daniel Shanahan, Stephanie HarrimanP3 What can a "traditional" journal do to improve published research?Trish GrovesP4 Promoting good reporting practice for reliable and usable research papers: EQUATOR Network, reporting guidelines and other initiativesCaroline StruthersPartner Symposium COrganized by ENRIO, the European Network of Research Integrity OfficersP5 Transparency and independence in research integrity investigations in EuropeKrista Varantola, Helga Nolte, Ursa Opara, Torkild Vinther, Elizabeth Wager, Thomas NørgaardPartner Symposium DOrganized by IEEE, the Institute of Electrical and Electronics EngineersRe-educating our author community: IEEE's approach to bibliometric manipulation, plagiarism, and other inappropriate practicesP6 Dealing with plagiarism in the connected world: An Institute of Electrical and Electronics Engineers perspectiveJon RokneP7 Should evaluation of raises, promotion, and research proposals be tied to bibliometric indictors? What the Institute of Electrical and Electronics Engineers is doing to answer this questionGianluca SettiP8 Recommended practices to ensure conference content qualityGordon MacPhersonPartner Symposium EOrganized by the Committee on Freedom and Responsibility in the Conduct of Science of ICSU, the International Council for ScienceResearch assessment and quality in science: perspectives from international science and policy organisationsP9 Challenges for science and the problems of assessing researchEllen HazelkornP10 Research assessment and science policy developmentCarthage SmithP11 Research integrity in South Africa: the value of procedures and processes to global positioningRobert H. McLaughlinP12 Rewards, careers and integrity: perspectives of young scientists from around the worldTatiana Duque MartinsPartner Symposium FOrganized by the Online Resource Center for Ethics Education in Engineering and Science / Center for Engineering, Ethics, and Society of the National Academy of EngineeringP13 Research misconduct: conceptions and policy solutionsTetsuya Tanimoto, Nicholas Steneck, Daniele Fanelli, Ragnvald Kalleberg, Tajammul HusseinPartner Symposium HOrganized by ORI, the Office of Research Integrity; Universitas 21; and the Asia Pacific Research Integrity NetworkP14 International integrity networks: working together to ensure research integrityPing Sun, Ovid Tzeng, Krista Varantola, Susan ZimmermanPartner Symposium IOrganized by COPE, the Committee on Publication EthicsPublication without borders: Ethical challenges in a globalized worldP15 Authorship: credit and responsibility, including issues in large and interdisciplinary studiesRosemary ShinkaiPartner Symposium JOrganized by CITI, the Cooperative Institutional Training InitiativeExperiences on research integrity educational programs in Colombia, Costa Rica and PeruP16 Experiences in PeruRoxana LescanoP17 Experiences in Costa RicaElizabeth HeitmanP18 Experiences in ColumbiaMaria Andrea Rocio del Pilar Contreras NietoPoster Session B: Education, training, promotion and policyPT.01 The missing role of journal editors in promoting responsible researchIbrahim Alorainy, Khalid Al-WazzanPT.02 Honorary authorship in Taiwan: why and who should be in charge?Chien Chou, Sophia Jui-An PanPT.03 Authorship and citation manipulation in academic researchEric Fong, Al WilhitePT.04 Open peer review of research submission at medical journals: experience at BMJ Open and The BMJTrish GrovesPT.05 Exercising authorship: claiming rewards, practicing integrityDésirée Motta-RothPT.07 Medical scientists' views on publication culture: a focus group studyJoeri Tijdink, Yvo SmuldersPoster Session B: Education, training, promotion and policyPT.09 Ethical challenges in post-graduate supervisionLaetus OK LateganPT.10 The effects of viable ethics instruction on international studentsMichael Mumford, Logan Steele, Logan Watts, James Johnson, Shane Connelly, Lee WilliamsPT.11 Does language reflect the quality of research?Gerben ter Riet, Sufia Amini, Lotty Hooft, Halil KilicogluPT.12 Integrity complaints as a strategic tool in policy decision conflictsJanneke van Seters, Herman Eijsackers, Fons Voragen, Akke van der Zijpp and Frans BromPoster Session C: Ethics and integrity intersectionsPT.14 Regulations of informed consent: university-supported research processes and pitfalls in implementationBadaruddin Abbasi, Naif Nasser AlmasoudPT.15 A review of equipoise as a requirement in clinical trialsAdri LabuschagnePT.16 The Research Ethics Library: online resource for research ethics educationJohanne Severinsen, Espen EnghPT.17 Research integrity: the view from King Abdulaziz City for Science and TechnologyDaham Ismail AlaniPT. 18 Meeting global challenges in high-impact publications and research integrity: the case of the Malaysian Palm Oil BoardHJ. Kamaruzaman JusoffPT.19 University faculty perceptions of research practices and misconductAnita Gordon, Helen C. HartonPoster Session D: International perspectivesPT.21 The Commission for Scientific Integrity as a response to research fraudDieter De Bruyn, Stefanie Van der BurghtPT. 22 Are notions of the responsible conduct of research associated with compliance with requirements for research on humans in different disciplinary traditions in Brazil?Karina de Albuquerque Rocha, Sonia Maria Ramos de VasconcelosPT.23 Creating an environment that promotes research integrity: an institutional model of Malawi Liverpool Welcome TrustLimbanazo MatandikaPT.24 How do science policies in Brazil influence user-engaged ecological research?Aline Carolina de Oliveira Machado Prata, Mark William NeffPoster Session E: Perspectives on misconductPT.26 What “causes” scientific misconduct?: Testing major hypotheses by comparing corrected and retracted papersDaniele Fanelli, Rodrigo Costas, Vincent LarivièrePT.27 Perception of academic plagiarism among dentistry studentsDouglas Leonardo Gomes Filho, Diego Oliveira GuedesPT. 28 a few bad apples?: Prevalence, patterns and attitudes towards scientific misconduct among doctoral students at a German university hospitalVolker Bähr, Niklas Keller, Markus Feufel, Nikolas OffenhauserPT. 29 Analysis of retraction notices published by BioMed CentralMaria K. Kowalczuk, Elizabeth C. MoylanPT.31 "He did it" doesn't work: data security, incidents and partnersKatie SpeanburgPoster Session F: Views from the disciplinesPT.32 Robust procedures: a key to generating quality results in drug discoveryMalini Dasgupta, Mariusz Lubomirski, Tom Lavrijssen, David Malwitz, David Gallacher, Anja GillisPT.33 Health promotion: criteria for the design and the integrity of a research projectMaria Betânia de Freitas Marques, Laressa Lima Amâncio, Raphaela Dias Fernandes, Oliveira Patrocínio, and Cláudia Maria Correia Borges RechPT.34 Integrity of academic work from the perspective of students graduating in pharmacy: a brief research studyMaria Betânia de Freitas Marques, Cláudia Maria Correia Borges Rech, Adriana Nascimento SousaPT.35 Research integrity promotion in the Epidemiology and Health Services, the journal of the Brazilian Unified Health SystemLeila Posenato GarciaPT.36 When are clinical trials registered? An analysis of prospective versus retrospective registration of clinical trials published in the BioMed Central series, UKStephanie Harriman, Jigisha PatelPT.37 Maximizing welfare while promoting innovation in drug developmentFarida LadaOther posters that will be displayed but not presented orally:PT.38 Geoethics and the debate on research integrity in geosciencesGiuseppe Di Capua, Silvia PeppoloniPT.39 Introducing the Professionalism and Integrity in Research Program James M. DuBois, John Chibnall, Jillon Van der WallPT.40 Validation of the professional decision-making in research measureJames M. DuBois, John Chibnall, Jillon Van der Wall, Raymond TaitPT.41 General guidelines for research ethicsJacob HolenPT. 42 A national forum for research ethicsAdele Flakke Johannessen, Torunn EllefsenPT.43 Evaluation of integrity in coursework: an approach from the perspective of the higher education professorClaudia Rech, Adriana Sousa, Maria Betânia de Freitas MarquesPT.44 Principles of geoethics and research integrity applied to the European Multidisciplinary Seafloor and Water Column Observatory, a large-scale European environmental research infrastructureSilvia Peppoloni, Giuseppe Di Capua, Laura BeranzoliF1 Focus track on improving research systems: the role of fundersPaulo S.L. Beirão, Susan ZimmermanF2 Focus track on improving research systems: the role of countriesSabine Kleinert, Ana MarusicF3 Focus track on improving research systems: the role of institutionsMelissa S. Anderson, Lex Bouter. (shrink)

Out-of-court proceedings or alternative dispute resolution (ADR) is a peaceful, voluntary alternative method for settling disputes without litigation in the court. ADR institutions usually use a third party to help the consumer and the trader reach a solution. The main purpose of this article is to share the main insights and experience about the out-of-court proceedings in various countries and present main trends of ADR development. First of all, in this article, ADR is presented and its main (...) advantages or disadvantages, main reasons of its origin are outlined. For example, ADR institutions are indeed a low-cost and quick alternative for consumers to settle disputes with businesses. These are the main reasons why ADR originated and developed so fast in the United States of America. Secondly, it is important to analyse various definitions used to describe ADR and its characteristics, because it is a very complicated and complex phenomenon. ADR and the principle of legal accessibility are also very closely related issues which are deeply analysed in this article. (shrink)

When courts started publishing judgements, big data analysis within the legal domain became possible. By taking data from the European Court of Human Rights as an example, we investigate how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict judicial decisions. With an average accuracy of 75% in predicting the violation of 9 articles of the European Convention on Human Rights our approach highlights the potential of machine learning (...) approaches in the legal domain. We show, however, that predicting decisions for future cases based on the cases from the past negatively impacts performance. Furthermore, we demonstrate that we can achieve a relatively high classification performance when predicting outcomes based only on the surnames of the judges that try the case. (shrink)

When courts started publishing judgements, big data analysis within the legal domain became possible. By taking data from the European Court of Human Rights as an example, we investigate how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict judicial decisions. With an average accuracy of 75% in predicting the violation of 9 articles of the European Convention on Human Rights our approach highlights the potential of machine learning (...) approaches in the legal domain. We show, however, that predicting decisions for future cases based on the cases from the past negatively impacts performance. Furthermore, we demonstrate that we can achieve a relatively high classification performance when predicting outcomes based only on the surnames of the judges that try the case. (shrink)

Out-of-court proceedings or alternative dispute resolution (ADR) is a peaceful, voluntary alternative method for settling disputes without litigation in the court. ADR institutions usually use a third party to help the consumer and the trader to reach a solution. The main purpose of this article is to share the main insights and experience about the out-of-court proceedings in various countries and European Union Member States, to discuss the most important problems concerning ADR and propose possible solutions of (...) these problems. First of all, in this article, ADR is presented and its main advantages are outlined. For example, ADR institutions are indeed a low-cost and quick alternative for consumers for settling disputes with businesses. ADR mechanisms are highly diverse. There are public and private institutions as well as institutions established on the basis of cooperation between the public sector and the industry or consumer organizations and the industry. Although there is a high correlation between the nature of the institution and the funding, i.e. private institutions are usually financed by the industry and public institutions by public funds, ADR bodies established by public law can also be financed by the industry (especially in highly regulated markets). In the majority of the institutions, the participation of the industry in the ADR procedure is voluntary. (shrink)

This article explores the possibility of locating an ‘ethics of memory’ respecting commission of mass atrocities via the link between justice, truth and memory. First, it suggests a typology for memory in relation to justice in its retributive and restorative aspects. Second, it explores how so-called ‘memory-justice’ arises in the course of international proceedings—and particularly given its significance under the Rome Statute—by considering, critically, the international community's ability to repair or restitute injury by engaging in memory in ‘the right way’. (...) Lastly, it suggests limitations of memory-justice of which only some can be overcome. The challenges and arguments for a ‘categorical imperative’ for memory are left for a subsequent treatment, but arguments in law and practical ethics will be suggested in favour of properly approaching memory in pursuit of justice, with profound consequences for the nascent Court and sister tribunals, in their efforts to break the cycle of conflict in affected regions, and rid the world of the worst crimes known to humanity. (shrink)

This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages (...) compensation and the calculation of criterions thereof as well as functional legal protection of trademarks. It should be noted that Article 23(1) of the Constitution of the Republic of Lithuania has extended protection to property and, as the Constitutional Court of the Republic of Lithuania has noted, the constitutional protection of property covers not only the protection of tangible, but also of intellectual property. In the same judgment, the Constitutional Court stated another important intellectual property related rule, namely that constitutionally established property protection rights have to be implemented regardless of whether a corresponding international treaty has not been ratified, as protection of authors’ rights is granted under Articles 23 and 42(3) of the Constitution of the Republic of Lithuania. However, the second position stating that the rights of foreign subjects are to be implemented even though a corresponding international treaty has not been signed is to be criticised as by coming to such a conclusion the Constitutional Court has ignored the otherwise generally recognised principle of territoriality of intellectual property rights. In two other cases the Constitutional Court has made important statements relevant to intellectual property law. First of all, the Court stated that compensation instead of claiming actual damages is constitutional. By analysing the positions formulated by the Court, an indirect conclusion can be made to the effect that compensation instead of claiming actual damages is necessary in order to ensure effective protection of intellectual property rights. In other words, the purposes of compensation can be recognised: restoring (compensating) the infringed interests of the injured party; simplifying judicial proceedings, whereby faster proceedings (litigation) and easier substantiation is sought; and the preventive purpose (strong preventive effect). However, the Court’s argument regarding the criterion of compensation calculation, saying that the damages incurred by the intellectual property rights owner depend on the sale value of the product concerned is criticisable, as it is rarely the case that the licence fee or profit acquired in the result of unauthorised use of intellectual property objects is calculated with reference to the final sale price of the product. Notwithstanding the arguably weak argument of the Court, the Court’s position regarding the criterion of final sale price itself does not preclude the possibility of reaching a fair final decision. Finally, the Court acknowledged that trademark protection was limited to the economic functions of the trademark and the full protection thereof. (shrink)

During the last years, there has been an increasing discussion on the role of business in human rights violations and an increase in human rights litigation against companies. The result of human rights litigation has been rather disillusioning because no corporation has been found guilty and most cases have been dismissed. We argue that it may nevertheless be a useful instrument for the advancement of the business and human rights agenda. We examine the determinants of successful human rights litigation in (...) terms of judicial, educational, and regulatory effects. This article reviews more than 40 corporate foreign direct liability cases and their effects on corporate human rights policies and conduct. The review shows that most corporations adjusted their human rights policies and adopted additional measures to cope with human rights issues during or shortly after the legal proceedings. Opening legal channels for human rights litigation may be one way for governments to incentivize firms to respect human rights. These findings have implications for the United Nations Guiding Principles on Business and Human Rights as well as on our interpretation of the most recent U.S. Supreme Court decision in Kiobel v. Shell. (shrink)

Court conciliation conducted by judges in Chinese people’s courts has been playing a vital role in resolving civil disputes. When it heaps praises and compliments, it also faces severe criticisms such as pressing parties to settle due to judges’ over-engagement. To date, except for mere criticisms from the legal literature, few efforts have been made to reveal how judges get engaged linguistically in conciliation and whether their engagement exceeds the limit in each phase of court conciliation. This paper, (...) taking the engagement system of the appraisal framework and the exchange structure model as the theoretical basis, aims to analyze the features of judges’ engagement and the underlying forces that influence their engagement. Data-analysis shows that for court conciliation conducted in court, judges often employ dialogically contractive resources in uni-directional information exchange structures to warrant their engagement. Under the co-influence of the driving and curbing forces, judges are often “dancing with shackles” in court conciliation. (shrink)

PurposeThe aim of this paper is to assess the complex issue of responsibility in clinical practice. The paper focuses mainly on the relationship between personal- and medical-professional responsibility of practitioners and clinical guidelines.MethodsAfter a theoretical review of the different definitions of responsibility in selected bioethical and biojuridical literature, two recent juridical proceedings concerning medical responsibility from Italian Courts are discussed. Subsequently, a theoretical analysis of the definition of clinical practice guidelines is proposed in order to show their feasibility to assess (...) personal- and medical-professional responsibility.ResultsThe definitions of responsibility and the two Italian cases show the theoretical and practical difficulties of shared assessments of both personal-professional and medical-professional responsibility in clinical practice. Clinical practice guidelines cannot be assumed as an objective code of action stating exactly a rule of conduct in all situations, but as a tool suggesting how to decide what to do in different conditions.ConclusionsResponsibility in clinical practice is such a complex issue to deserve a special ethical assessment. The clinician’s personal-professional responsibility cannot be replaced or reduced by clinical practice guidelines, because medicine is as such a relationship focused on the expertize of practitioners. Nonetheless, a shared approach to different clinical conditions is needed in order to avoid a relativist outcome and protect patients’ and even clinicians’ rights. Formal guidelines (that describe not exactly what to do but how to decide what to do) are proposed as potential useful tool to achieve this aim. (shrink)

The article explores the comprehensibility of court forms by providing a quantitative overview and a qualitative analysis of such syntactic characteristics as length and structure of sentences and noun phrases. The analysis is viewed in the broader context of genre characteristics of court forms, their role within legal proceedings, and their function for eliciting narratives from court users. The findings show that while the elicitation strategies are not always coherently aligned with the guidance sections, the guidance itself (...) condenses legal and procedural information into overly complex and verbose syntactic constructions. Comprehensibility barriers are thus created through breaks in information flow, ambiguous syntactic constructions, missing information and misalignment between questions and guidance. Such comprehension challenges have a negative impact on the potential of court users to effectively engage with legal proceedings. (shrink)