Balancing a Child's Best Interests and a Child's Views

2009 ◽  
Vol 17 (1) ◽  
pp. 1-21 ◽  
Author(s):  
David Archard ◽  
Marit Skivenes
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
Child Protection ◽  
Best Interests ◽  
Legal Decision ◽  
The United Kingdom ◽  
Legal Decision Making ◽  
Made In ◽  
The Way

AbstractWe consider the problem of reconciling the two commitments to hear a child and to promote a child's best interests by identifying the principal issues at stake and illustrating them by reference to legal decision-making in the domains of health in the United Kingdom and custody and child protection in Norway. We agree that a child's views are not authoritative but dispute Harry Brighouse's claim that they are only of consultative value, affirming the fundamental right of a child capable of expressing a view of doing so and of thereby participating in the procedures where decisions affecting his or her interests are made. In conclusion we offer a checklist of questions that need to be asked about the way in which jurisdictions combine their explicit commitments to the two principles of best interests and hearing the child's views.

Risky Intelligence

2009 ◽  
Vol 11 (3) ◽  
pp. 324-333 ◽  
Author(s):  
Nick Keane ◽  
Maren Eline Kleiven
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
Police Service ◽  
Police Services ◽  
The United Kingdom ◽  
Central Argument ◽  
The Way

The article concerns the use by police services of the abstract idea of intelligence-led policing, often embodied as it is in the United Kingdom in the National Intelligence Model. We will argue that while this is a central framing idea in policing, it contains omissions which lead to faulty decision-making. The article charts the rise of intelligence-led policing in the United Kingdom and argues that circumstances have led to the concept of intelligence becoming equated to ‘information which leads to a detection’; however, that this construction leads to the exclusion of intelligence which then impacts upon the business of the police service. One outcome of this is that the members of the community that the police service is charged with protecting and serving pay the price of this decision-making. The central argument of our article is that an overconcentration on the detection of offences has skewed the way the map has been drawn up and how it is currently being used. Our main contention is not that the concept of intelligence-led policing should be abandoned, but that it should be revisited and revised to take greater notice of the changes in the landscape it is designed to cover. The territory is changing but the map is not being amended; it is time for some major revisions.

The Linguist as Expert Witness in The Community Trademark Courts

2011 ◽  
Vol 162 ◽  
pp. 63-83
Author(s):  
Victoria Guillén-Nieto
Keyword(s):  
Decision Making ◽  
Expert Witness ◽  
Court Decisions ◽  
Legal Decision ◽  
Relevant Evidence ◽  
Legal Decision Making ◽  
Likelihood Of Confusion ◽  
German Nation ◽  
Research Questions ◽  
The Way

Abstract This paper explores the way the linguist as expert witness may smooth the progress of legal decision-making in cases involving a Community trademark (CTM) dispute. The study hypothesizes that the seesaw of court decisions found in CTM disputes could be avoided, if linguists were called upon as experts by the courts. Therefore, the discussion attempts to provide an answer to the following research questions: (a) Can forensic linguists provide relevant evidence in CTM litigation? (b) If so, what is the nature of this evidence? And (c) is it possible to determine and measure the strength of mark and the likelihood of confusion between two marks in dispute? In order to answer these research questions, an authentic case was thoroughly examined. This involved revisiting the CTM litigation between the earlier German nation-al trademark Respicort (Mundipharma AG) and the international trademark Respicur (Altana Pharma AG). The record showed no indication that a linguist had participated in this case during the eight years the legal dispute lasted. For purposes of analysis, the parameters most commonly accepted by Community trademark courts were employed in the forensic linguistic review of the Respicort v. Respicur case, namely strength of mark and likelihood of confusion.

Stereotypes and legal decision making

2014 ◽  
Author(s):  
John G. Conway ◽  
Scott R. Tindale
Keyword(s):  
Decision Making ◽  
Legal Decision ◽  
Legal Decision Making

Speeding-Up Innovation with Business Hackathons

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Myrna FLORES ◽  
Matic GOLOB ◽  
Doroteja MAKLIN ◽  
Christopher TUCCI
Keyword(s):  
United Kingdom ◽  
Open Innovation ◽  
Entrepreneurial Ecosystems ◽  
The United Kingdom ◽  
Short Period ◽  
User Centric ◽  
Specific Challenge ◽  
Innovation Outcomes ◽  
The Way

In recent years, the way organizations innovate and develop new solutions has changed considerably. Moving from ‘behind the closed doors’ style of innovating to open innovation where collaboration with outsiders is encouraged, organizations are in the pursuit of more effective ways to accelerate their innovation outcomes. As a result, organizations are establishing creative and entrepreneurial ecosystems, which not only empower employees but also involve many others to co-create new solutions. In this paper, we present a methodology for organizing hackathons, i.e. competition-based events where small teams work over a short period of time to ideate, design, prototype and test their ideas following a user-centric approach to solve a specific challenge. This paper also provides insights into two different hackathons organized in the United Kingdom, and Mexico, as well as a series of 5 hackathons organized in Argentina, Mexico, Switzerland, United Kingdom and in Senegal.

Psychology and the New Private Law

2020 ◽  
pp. 124-142
Author(s):  
Tess Wilkinson-Ryan
Keyword(s):  
Social Psychology ◽  
Decision Making ◽  
Law And Economics ◽  
Mental States ◽  
Psychological Research ◽  
Private Law ◽  
Legal Decision ◽  
Psychological Analysis ◽  
Legal Decision Making ◽  
Normative Models

This chapter presents a framework for understanding the most promising contributions of psychological methods and insights for private law. It focuses on two related domains of psychological research: cognitive and social psychology. Cognitive psychology is the study of mental processes, which one might shorthand as “thinking.” Social psychology asks about the role of other people—actual, implied, or imagined—on mental states and human behavior. The chapter is oriented around five core psychological insights: calculation, motivation, emotion, social influence, and moral values. Legal scholarship by turns tries to explain legal decision-making, tries to calibrate incentives, and tries to justify its values and its means. Psychology speaks to these descriptive, prescriptive, and normative models of decision-making. The chapter then argues that psychological analysis of legal decision-making challenges the work that the idea of choice and preference is doing in private law, especially in the wake of the law and economics movement.

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