The Signaling Effect of Pro se Status

2017 ◽  
Vol 42 (04) ◽  
pp. 1091-1121 ◽  
Author(s):  
Victor D. Quintanilla ◽  
Rachel A. Allen ◽  
Edward R. Hirt

When claimants press their claims without counsel, they fail at virtually every stage of civil litigation and overwhelmingly fail to obtain meaningful access to justice. This research program harnesses psychological science to experimentally test a novel hypothesis: mainly, a claimant's pro se status itself sends a signal that biases decision making about the claimant and her claim. We conducted social psychological experiments with the public (N = 157), law students (N = 198), and employment discrimination lawyers (N = 39), holding the quality and merit of a Title VII sex discrimination case constant. In so doing, we examined whether a claimant's pro se status itself shapes stereotypes held about the claimant and biases decision making about settlement awards. These experiments reveal that pro se status influences stereotypes of claimants and settlement awards received. Moreover, the signaling effect of pro se status is exacerbated by socialization in the legal profession. Among law-trained individuals (i.e., law students and lawyers), a claimant's pro se status generates negative stereotypes about the claimant and these negative stereotypes explain the adverse effect of pro se status on decision making about settlement awards.

Author(s):  
M. Syamsudin

Abstract Indonesia needs strong measures to protect its consumers, which leads to the creation of the Consumer Dispute Settlement Agency (BPSK) as an arbiter to settle disputes between consumers and businesses efficiently. The Indonesian Supreme Court (MARI) has set aside an alarming number of BPSK arbitral awards, putting the entire system in jeopardy. The aims of this study are to examine the empirical data on MARI’s decisions in setting aside arbitral awards and analyse their decision-making process. This research shows how MARI has been interpreting the statue promulgating the BPSK very narrowly. The result of MARI’s interpretation of the law has deep implications for consumer protection in Indonesia, namely that the public trust in the enforcement of Consumer Protection Law by BPSK has been severely diminishing, leaving consumers without meaningful access to justice or protection of their rights.


Author(s):  
Jonas Ebbesson

There are increasing efforts at the international level to adopt standards designed to govern public participation in national-level decision making. In addition, a growing number of procedures govern public participation in international decision making, within the framework of international environmental agreements and international institutions. While the two types of procedure are to be distinguished, both are driven by similar motivations and pursue common goals. Moreover, the relevant norms in these two contexts interact and influence each other, giving rise to an international body of law concerning public participation in environmental matters. This article considers that body of law and how it has been applied to decision making in both international and national contexts. It first discusses the contexts in which international law on public participation in environmental matters has developed and is to be understood, both politically and conceptually. The article then explores the rationales for public participation. Subsequently, it analyses existing international norms regarding participation, related to international and national levels of decision making respectively, and addresses how they have given rise to emerging normative patterns. The article examines the increased involvement of non-state actors, legal fragments and normative patterns, non-governmental organisations as representatives of the public, public participation in decision making and access to information, and access to justice.


2017 ◽  
Vol 34 (1) ◽  
pp. 148-174
Author(s):  
Brea Lowenberger ◽  
Michaela Keet ◽  
Janelle Anderson

Heightened concerns and dialogue about access to justice have infused the law school setting in Saskatchewan and, to varying degrees, across the country. If there ever were a time to approach social justice reform differently – to upset traditional parameters around decision making and step around older hierarchies for input and design – it would be now. This article describes the Dean’s Forum on Dispute Resolution and Access to Justice (colloquially known as the Dean’s Forum) as a platform for genuine student engagement in the development of public policy in this important area. We offer our combined reflections, gathered inside our “teaching team,” about the unique pedagogical features of our experiment and its challenges. As we continue to grow with the project, we offer this Saskatchewan story as one example of institutional collaboration in a quickly evolving educational and social policy landscape.


2018 ◽  
Vol 8 (7) ◽  
pp. 2277
Author(s):  
Roza YEREZHEPKYZY ◽  
Serikkali TYNYBEKOV ◽  
Arkhat ABIKENOV ◽  
Sarsengali ALDASHEV

In the present work, a comprehensive legal analysis of public access to information in the field of environmental protection and the use of natural resources in the Republic of Kazakhstan has been conducted, and the legal basis for securing, implementing and protecting the public's right to access to environmental information has been examined. Particular attention is paid to the problems of direct implementation of environmental information provision, as well as to the role of the public in participation in decision-making in the Republic of Kazakhstan, legal problems of judicial protection of legitimate rights and interests of the public and citizens in this field. The theoretical conclusions and recommendations on improving the legislation are substantiated, based on the requirements for the implementation of the norms of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters in National Legislation.


2020 ◽  
Author(s):  
S. Economides ◽  
C.J. Hourdakis ◽  
C. Pafilis ◽  
G. Simantirakis ◽  
P. Tritakis ◽  
...  

This paper concerns an analysis regarding the performance of X-ray equipment as well as the radiological safety in veterinary facilities. Data were collected from 380 X-ray veterinary facilities countrywide during the on-site regulatory inspections carried out by the Greek Atomic Energy Commission. The analysis of the results shows that the majority of the veterinary radiographic systems perform within the acceptable limits; moreover, the design and shielding of X-ray rooms as well as the applied procedures ensure a high level of radiological safety for the practitioners, operators and the members of the public. An issue that requires specific attention in the optimization process for the proper implementation of veterinary radiology practices in terms of radiological safety is the continuous training of the personnel. The above findings and the regulatory experience gained were valuable decision-making elements regarding the type of the regulatory control of veterinary radiology practices in the new radiation protection framework.


Author(s):  
Konrad RÓŻOWICZ

Aim: In the practice of awarding public contracts, sometimes the behavior of market actors, instead of competing with other entities, are aimed at illegal cooperation, including bid rigging. The above shows that healthy competition is not possible without efficient market control. In public procurement market this control is, primarily, carried out by public procurement entities: the President of the Public Procurement Office (Prezes UZP) and the National Appeal Chamber (KIO), and furthermore by President od the Office of Competition (Prezes UOKiK) and Consumer Protection and the Court od Competition and Consumer Protection. and Consumer Protection (SOKiK). The interesting issue is how the activities of the President of Office of Competition and Consumer Protection targeted  to contend with bid rigging affects on the activities of President of the Public Procurement Office (Prezes UZP) or the National Appeal Chamber (KIO). Design / Research methods: analysis and comparison decisions/ judgment issued by the President of the Public Procurement Office, National Appeal Chamber, the President of  the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection. Conclusions: The analysis has shown that the existence of specificities in the activities of the decision-making bodies and the judgments examined. However, in keeping with the specificity of the forms and objectives of control, these entities should cooperate, to a greater extent than before. Expanding the scope of cooperation would make it possible to better contend with bid rigging without changing the competition protection model. The introduction of institutionalized instruments for cooperation between the authorities seems to be valuable in terms of system solutions. Value of the article: The main value of the article is the comparison of selectively selected decisions and judgments representative of the problem under consideration and their comparative analysis in order to achieve the research objectives. The article deals with issues relevant to both public procurement practitioners and the state bodies dealing with procurement matters.


2020 ◽  
Vol 4 (1) ◽  
pp. 145-152
Author(s):  
Radosław Molenda

Showing the specificity of the work of the contemporary library, and the variety of its tasks, which go far beyond the lending of books. The specificity of the library’s public relations concerning different aspects of its activity. The internal and external functions of the library’s public relations and their specificity. The significant question of motivating the social environment to use the offer of libraries, and simulta-neously the need to change the negative perception of the library, which discourages part of its poten-tial users from taking advantage of its services. The negative stereotypes of librarians’ work perpetuated in the public consciousness and their harmful character. The need to change the public relations of libra-ries and librarians with a view to improving the realization of the tasks they face. Showing the public relations tools which may serve to change the image of librarians and libraries with particular emphasis on social media. This article is a review article, highlighting selected research on the librarian’s stereo-type and suggesting actions that change the image of librarians and libraries.


Author(s):  
Laurence Smith

Analyzing the public policy challenge of multifunctional land use, for which farmers are required to be food producers, water resource managers and environmental stewards, it is argued that a location-sensitive policy mix is required, consisting of appropriate regulation complemented by advice provision, voluntarism, and well-targeted incentive schemes. The case is further made for adaptive management, local deliberation and stakeholder participation, and hence for governance that is open, delegated, and collaborative. Assessment, planning, and decision making need to be delegated to the most appropriate governmental level and spatial scale to achieve desired outcomes, whilst effective mechanisms for vertical and horizontal coordination of the resulting multilevel and polycentric governance are essential. Hydrographic catchments have significant advantages as spatial units for analysis, planning, coordination, and policy delivery. However, catchment-based working creates further need for cross-level, sector, and scale communication and coordination. Mechanisms for this merit further attention.


Sign in / Sign up

Export Citation Format

Share Document