scholarly journals Paradoxes of Strategic Labour Rights Litigation: Insights from the Baldia Factory Fire Litigation

2021 ◽  
pp. 59-96
Author(s):  
Faisal Siddiqi
Keyword(s):  
The Other ◽  
Judicial Process ◽  
Policy Proposal ◽  
Structural Injustice ◽  
Legal Proceedings ◽  
Labour Rights ◽  
Legal Activism ◽  
Legal Context ◽  
Legal Advocacy ◽  
Empirical Foundation

AbstractThis chapter focuses on the legal activism that followed the Ali Enterprises factory fire and its aftermath in Pakistan. This chapter has two purposes: firstly, it documents the legal proceedings that were initiated and pursued in the courts of Pakistan as well as its interconnected developments. Secondly, I aim to use this engagement with the legal proceedings of the Baldia factory fire aftermath as an opportunity for an in-depth reflection on the capacity and, finally, suitability of the judicial process to bring about justice in struggles over human and labour rights. Providing a rare and insider account of the legal proceedings in the Pakistani courts and its interconnected developments, I hope to lay the empirical foundation for the theoretical and strategic claims of this study. It is against the background and based on the experience with the litigation and legal advocacy following the Baldia fire that I examine the two what I perceive as “paradoxes” at the heart of the litigation. The first is the inseparability of the “limited justice” that may result from such litigation on one hand, and the “structural injustice” that informs and determines the conditions the litigation seeks to address—and transform—on the other hand. The second paradox concerns the inseparability of both law and lawlessness as regards the legal context of the litigation, advocacy and policy proposal elements that are here in play.My argument is that these apparently contradictory phenomena not only coexist alongside one another but that they guarantee each other’s existence. This analysis leads me to the conclusion that in order to understand and improve such forms of strategic litigation, it is necessary to measure its success and failure in terms of three distinct but interconnected criteria. These are the tactical, strategic and structural impacts of the litigation. Ultimately, I will argue for rejecting what is often perceived by involved stakeholders to be an unavoidable choice between nihilism, euphoria or incremental reform in this context. But, to the contrary, I will argue for a conception of legal struggles as a means of building sustainable and fruitful forms of resistance and of change based on the recognition and exploitation of these irreconcilable paradoxes rather than fruitless attempts to ignore or transcend these irreconcilable contradictions.

Lawyers and the Conservative Counterrevolution

2018 ◽  
Vol 43 (04) ◽  
pp. 1698-1728 ◽  
Author(s):  
Ann Southworth
Keyword(s):  
Public Policy ◽  
The Other ◽  
American Government ◽  
Law And Politics ◽  
Legal Activism ◽  
The Federalist ◽  
Legal Advocacy ◽  
American Law ◽  
Roll Back ◽  
Conservative Turn

What roles have lawyers played in the conservative counterrevolution in US law and public policy? Two recent books, Jefferson Decker's The Other Rights Revolution: Conservative Lawyers and the Remaking of American Government (2016), and Amanda Hollis-Brusky's Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution (2015), speak to the question. This essay explores how these books relate to a larger story of the conservative legal movement and the roles that lawyers and their organizations and networks have played in the conservative turn in American law and politics. It highlights four interrelated threads of the movement's development: creating a support structure for conservative legal advocacy; remaking the judiciary and holding judges accountable; generating, legitimizing, and disseminating ideas to support legal change; and embracing legal activism to roll back government. The essay then considers a continuing challenge for the movement: managing tensions among its several constituencies. Finally, it suggests how this story has played out in litigation to challenge campaign finance regulation.

scholarly journals The structure of the Emotions Profile Index

Psihologija ◽  
2006 ◽  
Vol 39 (3) ◽  
pp. 343-359
Author(s):  
Dragan Kurbalija
Keyword(s):  
Factor Structure ◽  
Component Analysis ◽  
The Other ◽  
First Year ◽  
First Year Students ◽  
Other Hand ◽  
Empirical Foundation

In order to evaluate the factor structure of the Emotions Profile Index (EPI) 217 first-year students accommodated in the school?s dormitory were examined. The data was analyzed with Beelzebub algorithm for comparative confirmative and exploratory component analysis. The results show that the empirical structure of EPI can be related with 4 bipolar factor structure proposed in the scoring key, although the relation is far from indubitable. The structure of hypothetical dimension Distrustful vs. Trustful has a solid empirical foundation, correlations between orthoblique and hypothetical factors of theoretical dimensions Gregarious vs. Depressed and Timid vs. Aggressive are acceptable while, on the other hand, the structure of the hypothetical dimension Controlled vs. Dyscontrolled requires revising, not only because the Adventurous trait is used to describe both of their poles but for numerous other reasons. The paper suggests a few ways of improving the characteristics of the test.

Domestic Violence Reported to the Police: Correlates of Victims’ Reporting Behavior and Support to Legal Proceedings

2016 ◽  
Vol 31 (3) ◽  
pp. 402-415 ◽  
Author(s):  
Rémi Boivin ◽  
Chloé Leclerc
Keyword(s):  
Domestic Violence ◽  
Logistic Regression ◽  
Regression Models ◽  
Multinomial Logistic Regression ◽  
The Other ◽  
Individual Factors ◽  
Initial Report ◽  
Logistic Regression Models ◽  
Legal Proceedings ◽  
History Of

This article analyzes reported incidents of domestic violence according to the source of the complaint and whether the victim initially supported judicial action against the offender. Almost three quarters of incidents studied were reported by the victim (72%), and a little more than half of victims initially wanted to press charges (55%). Using multinomial logistic regression models, situational and individual factors are used to distinguish 4 incident profiles. Incidents in which the victim made the initial report to the police and wished to press charges are the most distinct and involve partners who were already separated at the time of the incident or had a history of domestic violence. The other profiles also show important differences.

The Neo-Behavioral Approach to the Judicial Process: A Critique

1963 ◽  
Vol 57 (3) ◽  
pp. 593-603 ◽  
Author(s):  
Wallace Mendelson
Keyword(s):  
Legal System ◽  
The Other ◽  
Behavioral Approach ◽  
Lower Court ◽  
Judicial Process ◽  
Legal Rules ◽  
Court Judge ◽  
Good Medicine ◽  
The Law ◽  
The Times

A generation ago “legal realists” led by Jerome Frank and Karl Llewellyn dismissed law as a myth—a function of what judges had for breakfast. The important thing, they insisted, was what a court did, not what it said. No doubt this was good medicine for the times. Yet, however broad Frank's 1930 language, later on the bench he loyally acknowledged the compulsive force of legal rules. As a lower court judge, he decided cases in accordance with what he found the law to be—and on occasion he made clear in addenda what he thought it ought to be.Llewellyn, too, changed his mind. In 1934 he had said, “The theory that rules decide cases seems for a century to have fooled, not only library-ridden recluses, but judges.” Seventeen years later he confessed that his earlier behavioral descriptions of law contained “unhappy words when not more fully developed, and they are plainly at best a very partial statement of the whole truth.”In short, after their initial enthusiasm, these and other legal realists recognized that there is and must be law in the judicial process, as well as discretion. This was inevitable, for society can no more dispense with order and coherence than it can deny the demands of changing circumstance. We must have stability, yet we cannot stand still; and so the legal system inevitably has both static and dynamic qualities. Holmes put it in a thimble: “The … law is always approaching, and never reaching, consistency. It is forever adopting new principles from life at one end, and it always retains old ones from history at the other, which have not been absorbed or sloughed off. It will become entirely consistent only when it ceases to grow.”

The Part of International Law in the Further Limitation of Naval Armament

1926 ◽  
Vol 20 (2) ◽  
pp. 237-256
Author(s):  
Charles Cheney Hyde
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
The Other ◽  
Judicial Process ◽  
International Differences ◽  
Other Hand ◽  
Naval Fleets

Naval fleets are maintained by development and replacement because their possessors dare not fail to make provision for a maritime war in which they may be participants. No means yet devised and accepted for the amicable adjustment of international differences have removed from responsible statesmen a sense of the necessity of anticipating such a contingency. Despite increasing efforts in every quarter to cultivate wills for peace and abhorrence of armed conflict, as well as a desire to adjust grave differences by judicial process or through commissions of conciliation, war is still regarded as a contingency which must be reckoned with, and as one which is as dangerous as it is seemingly remote. In making provision as against a contingency which none would welcome or hasten, the governments of maritime states do not necessarily encourage war or indicate approval of recourse to it. A particular conference of maritime states may in fact uplift the hopes of prospective belligerents which resent and oppose agreements restricting recourse to measures and instrumentalities on which they expect to rely. On the other hand, general arrangements respecting belligerent activities may serve to lessen a zeal for war and to remove its very approach further from the horizon. Everything depends upon the ambitions of the states which consent to confer. The point to be observed is that agreements for the regulation of maritime war in so far as they purport to proscribe or check the use of particular instrumentalities or recourse to particular measures, are not to be deemed bellicose in design or effect. Such regulatory agreements are advocates of peace rather than of war. Moreover, as will be seen, they may be the means of encouraging states to reduce armaments which would otherwise be maintained.

What is the Nature of the Crime of the Delinquent Daughter in Deuteronomy 22:13-21? A Rejoinder to J. Fleishman's Suggestion

2009 ◽  
Vol 59 (3) ◽  
pp. 446-459
Author(s):  
Meir Malul
Keyword(s):  
Death Penalty ◽  
The Other ◽  
Exact Nature ◽  
Previous Suggestion ◽  
Social Community ◽  
Legal Proceedings ◽  
The Social ◽  
The Law ◽  
New Interpretation ◽  
The One

AbstractThe exact nature of the girl's crime in the law of the delinquent daughter in Deut 22:13-21 is examined, starting by a detailed critique of J. Fleishman's previous suggestion in this journal (vol. 58, pp. 191-210) to construe it in the light of the law of cursing the parents in Exod 21:17 and understand it as an innovation and restriction of the latter law. In his view, the girl's sin is tantamount to cursing her parents, which, like the sin of the glatton and drunkard son according to Deut 21: 18-21, meant the undermining of the parents' authority and status, for which both boy and girl deserved the death penalty. In the following critique, it is underlined that the girl's sin is, first, not one of omission but of commission, and, second, it is not against her parents but against her husband, who is also the one to initiate the legal proceedings. A new interpretation is suggested, according to which the girl's crime, defined in v. 21 as an act of and a deed of, consisted not only in concealing her previous loss of virginity from her husband, thus deceiving him and her parents, but also in duping her husband into committing a sin comparable to that of lying with a menstruating, and thus desolate, woman. Being deprived of virginity, and thus of the socially recognized status of a virgin, she became, like Tamar (2 Sam 13:20), “desolate, forlorn”, an unenviable state from which only her seducer/ravisher could redeem her (thus are the sense and goal of the laws of the seduced virgin in Exod 22:15-16 and Deut 22:28-29). Trying to dupe her husband into steping in and performing what custom and law dictated the other man—the seducer/ravisher—should have done, and thus to arrogate to herself a social status she did not deserve, was then tantamount to undermining social structure and striking at the fibers that constituted the essence and integrity of the social community (cf. Prov 30:21-23).

scholarly journals Movimento social de mulheres e atuação perante o poder judiciário: entre os avanços e as potencialidades ignoradas

2017 ◽  
Vol 30 (1) ◽  
Author(s):  
Ana Carolina De Morais Colombaroli
Keyword(s):  
Social Movement ◽  
Literature Search ◽  
The Other ◽  
Judicial Decisions ◽  
Legal Activism ◽  
The One

Resumo O artigo analisa a atuação do movimento social de mulheres pela via do judiciário, a fim de conquistar e garantir direitos. Busca, por um lado, investigar os avanços alcançados e, por outro, demonstrar as potencialidades de atuação ignoradas pelos feminismos, associando pesquisa bibliográfica, análise de decisões judiciais e pesquisa de jurisprudé‚ncia. Palavras-chave: Movimento Social de Mulheres. Ativismo Jurídico. Direitos da Mulher. AbstractThis paper analyses the agency of the women's social movement through the judiciary, in order to conquer and guarantee rights. Aims, on the one hand, investigate the progress achieved and, on the other, demonstrate the ignored agency capabilities by feminisms, combining literature search, analysis of judicial decisions and jurisprudence research. Keywords: Women's Social Movement. Legal Activism. Women's Rights. 

scholarly journals Judgment and Trial in Lex Ripuaria

2021 ◽  
Vol 17 (2) ◽  
pp. 14-21
Author(s):  
A. V. Makutchev
Keyword(s):  
Economic Development ◽  
European Law ◽  
Early Medieval ◽  
Judicial Process ◽  
Legal Proceedings ◽  
Socio Economic Development ◽  
Judicial Proceedings ◽  
Judicial Procedures

The article is devoted to the analysis of the provisions of one of the most important sources of early medieval European law, but little studied in Russian historiography – Ripuarian Law, namely, aspects of judicial proceedings. The aim of the study was to identify both the general features of the judicial process that were perceived by the Ripuarian Franks from the legislation of the Salic Franks, in particular, the Salic Law, and the features that reflect aspects of the socio-economic development of Ripuaria. In the course of the study, firstly, the provisions of the Ripuarian Law were identified, which correspond to the existing ideas about the legal proceedings of the Franks – about the procedure for summoning to court, about the types of evidence, etc.; Secondly, in accordance with the purpose of the study, deviations from the practice of legal proceedings adopted by the Salic Franks were identified, which are characteristic of the Ripuarian Franks and are subject to study in conjunction with them (in particular, a certain simplification of judicial procedures, attention to certain types of evidence, etc.).

scholarly journals Predicting Disengagement from Judicial Proceedings by Female Victims of Intimate Partner Violence in Spain: A Systematic Replication With Prospective Data

2019 ◽  
Vol 26 (12-13) ◽  
pp. 1493-1516
Author(s):  
María García-Jiménez ◽  
María Jesús Cala-Carrillo ◽  
M. Eva Trigo
Keyword(s):  
Intimate Partner Violence ◽  
Retrospective Study ◽  
Partner Violence ◽  
Binary Logistic Regression ◽  
Intimate Partner ◽  
Judicial Process ◽  
Binary Logistic Regression Model ◽  
Psychological Variables ◽  
Legal Proceedings ◽  
Female Victims

This article examines which variables predict disengagement from legal proceedings by victims of intimate partner violence in the first steps of the Spanish judicial process. We replicated a previous retrospective study with a prospective sample of 393 women. The relationships of sociodemographic, emotional, motivational, and psychological variables with procedural withdrawals were analyzed. We developed a binary logistic regression model that predicts disengagement with two variables: the contact with the abuser and the interaction between this contact and the thought of going back with him. Interesting differences between the current and the retrospective study were found. Results are discussed extensively in the conclusions.

Q 74-8 On what do the courts focus when deciding whether debt collection costs should be recoverable or not? Cf. once again C 74-2, C 74-3. Q 74-9 Is there any possibility, at law, to impose attorneys’ fees on the other party under Art. 74 CISG? Cf. once again C 74-4. Q 74-10 Read the decision of the Amtsgericht Alsfeld in C 74-3, and answer the follow-ing questions. a) Why was the aggrieved party denied its debt collection costs? b) Would it have been able to recover them if the lawyer who represented it in court was the same as the lawyer who had tried to collect the out-standing sum? Which law would have governed that claim? Q 74-11 Do you see any practical difficulties resulting from the differentiation between extra-judicial legal costs, which are governed by the Convention, and judicial legal costs, which are outside the scope of the CISG? Q 74-12 What does C 74-4 state on the question of whether the aggrieved party will be compensated for the costs of legal proceedings? In particular, a) which law governs the costs of legal proceedings? b) due to what crucial reason did the court refuse to allow damages for legal expenses? c) why is it doubtful, according to C 74-4, that the USA would have signed the CISG if ‘loss’ was intended to include attorneys’ fees as well? Q 74-13 Are losses caused by currency fluctuations to be compensated? Cf. once again C 74-5. Q 74-14 a) How did the seller provide satisfying evidence in C 74-5? b) What standard of proof did the court apply? c) Is the question of standard of proof settled in the CISG? Try to find arguments for and against the position that it is governed by the CISG. 5. Consequential damages a) Loss of profit Loss of profit, the most prominent ‘indirect loss’, is expressly recognised as recover-able under Art. 74 CISG. Loss of profit is defined as the prevented augmentation of assets. Assessing loss of profit usually involves a prediction as to how the situation would have developed had the contract been fulfilled properly. On the inter-relation between loss of profit and other damages, as well as on the calculation of

2007 ◽  
pp. 566-566
Keyword(s):  
The Other ◽  
Legal Proceedings ◽  
Standard Of Proof ◽  
The Usa ◽  
Legal Costs ◽  
Debt Collection ◽  
Collection Costs
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