scholarly journals Payment for legal services in the USA civil procedure: Contingent fee, American rule and their impact on the judicial caseload

2021 ◽  
Vol 12 (3) ◽  
pp. 693-711
Author(s):  
Dmitrii V. Kniazev ◽  
◽  
Keyword(s):  
Judicial System ◽  
Legal Services ◽  
The Us ◽  
Contingent Fee ◽  
Settlement Agreement ◽  
The Usa ◽  
The Moment ◽  
The One ◽  
The Right

The article deals with the influential mechanism of the contingent fee and the American rule on the number of filings to the US judicial system, and, consequently, on the judicial caseload as a whole. The author concludes that at the moment there is no uniform idea about the role of contingent fee arrangements and the American rule in the growth of the number of filings to courts. There are two opposing views on this issue: those who stand on the side of the plaintiffs’ attorneys (and therefore for the contingent fee and for the American rule), on the one hand, and those who act on behalf of the defendants (which means against these institutions). With certainty, it can only be argued that the contingent fee and the American rule complement each other. The contingent fee justifies its existence by expanding the accessibility of justice. Under the fee, those who are unable to pay for the services of a lawyer get the opportunity to go to court. And this availability is largely based on the plaintiff ’s belief that even in the event of a loss, he will not have to pay the defendant’s costs. Together, these rules, according to their supporters, make it possible to ensure the implementation of one of the unshakable values — the right of every American to get their “day in court”. At the same time, many facts indicate that the “bundle” of the contingent fee and the American rule has led to an increase in the number of clearly unreasonable, frivolous, nuisance lawsuits that are filed not with the aim of obtaining a positive court decision, but only to persuade the defendant to accept a settlement agreement on the payment of compensation to the plaintiff.

The United States and Elections in Africa (2015–2018)

2019 ◽  
pp. 58-98 ◽  
Author(s):  
Andrey Urnov
Keyword(s):  
United States ◽  
Democratic Republic Of Congo ◽  
The United States ◽  
African Countries ◽  
The Us ◽  
Global Leader ◽  
The Usa ◽  
The Right ◽  
Selection Of

As a self-proclaimed “Global Leader” the United States have made “the assertion, advancement, support and defense of democracy” throughout the world one of the pillars of their foreign policy. This aim invariably figures in all Washington’s program documents pertaining to Africa. A major component of these efforts is an assistance to regular, free and fair elections. The selection of arguments cited to justify such activities has been done skilfully. In each specific case it is emphasized that the United States do not side with any competing party, stand “above the battle”, work for the perfection of electoral process, defend the rights of opposition and rank and file votes, render material and technical help to national electoral committees. Sounds irreproachable. However, the real situation is different. The study of the US practical activities in this field allows to conclude that Washington has one-sidedly awarded itself a role of a judge and supervisor of developments related to elections in the sovereign countries of Africa, tries to control the ways they are prepared and conducted. These activities signify an interference into the internal affairs of African states. The scale and forms of such interference differ and is subjected to tasks the USA try to resolve in this or that country on the national, regional or global levels. However, everywhere it serves as an instrument of penetration and strengthening of the US influence, enhancing the US political presence in African countries. The right of the US to perform this role is presented as indisputable. Sceptics are branded as opponents of democracy. The author explores the US positions and activities connected with elections in Africa during the last years of B.Obama and first two years of D.Trump presidencies. He shows how their policy have been implemented on the continental level and in regard to several countries – South Sudan, Libya, Democratic Republic of Congo, Burundi, Rwanda, Nigeria, Somali, Kenya, Uganda.

scholarly journals Artificial Intelligence: Serving American Security and Chinese Ambitions

2020 ◽  
Vol 4 (3) ◽  
pp. 42-52
Author(s):  
H. Obeid ◽  
F Hillani, ◽  
R. Fakih ◽  
K. Mozannar
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Technological Development ◽  
The United States ◽  
New Era ◽  
The Us ◽  
The One ◽  
The Right ◽  
Technological Strength

In recent years artificial intelligence has entered a new era, which gives rise to many hopes for powerful states such as the United States and China. In this paper, we analyze the importance and role of artificial intelligence in technological development in each of the two countries on the one hand, and its influence on China-American relations in terms of technological and geopolitical conflict. To get the right results, we rely on a literature review of dozens of articles published on the phenomenon in order to compare the power of artificial intelligence between the United States and China where we found that the US still has technological strength, especially in the field of artificial intelligence, but we can say that a large force is beginning pose a threat for it which is China that has great technological capabilities so, we can say that the United States should work more in this field. Also, we found that artificial intelligence has a primary goal in both countries, it helps China to achieve its ambitions to be the leader of the world, and this intelligence, on the other hand, provides protection and security to the United States. This paper is divided into three sections. The first section focuses on the importance of artificial intelligence in achieving China’s ambitions, the second section explains the role of artificial intelligence in the US protection service, and the third section describes the technological and geopolitical conflict resulting from the competition in artificial intelligence between these two countries. Keywords: Artificial intelligence, United States, China, Conflict, leader.

scholarly journals FORMATION AND DEVELOPMENT OF PHARMACEUTICAL EDUCATION IN RUSSIA, BELARUS AND THE USA (THE 16TH CENTURY - THE 70’S OF THE 20TH CENTURY)

2021 ◽  
Vol 93 (3) ◽  
pp. 94-106
Author(s):  
M. Sh. Conroy ◽  
V. F. Sosonkina
Keyword(s):  
Educational Process ◽  
Educational Institutions ◽  
Wide Range ◽  
The Us ◽  
The Usa ◽  
The Russian Empire ◽  
The Right ◽  
Pharmaceutical Education

Formation and development of pharmaceutical education in Russia, Belarus and the USA based on the analysis of a wide range of references at different historical stages is studied. The dates of establishing first pharmacies, educational institutions and pharmacopoeia editions in the countries are indicated. Analysis and comparative characteristics of the educational process in different countries is made, its general and fundamental differences are reflected. It is noted that this process was decentralized in the US and at the same time it was centralized in continental Europe including Russia and Belarus. Classification of pharmacies in the Russian Empire in the pre-revolutionary period of 1917, obtaining by women the right to be engaged in pharmaceutical activities, are presented. Some people who had a strong influence on the development of the pharmaceutical education are listed and among them were A. Fennel, G. Eger, E. Highstreet, K. Dov, A. Lesnevskaya, A. Iovskiy, Y. Trapp, V. Tikhomirov. The role of educational institutions in improving qualifications of certified specialists is indicated. The article lists the Soviet institutions which trained pharmaceutical personnel during the Great Patriotic War.

Macroeconomic conditions are only an illusion, not the solution, to firm sustainability: unveiling the new dimension of stakeholder well-being

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Zahid Irshad Younas ◽  
Mahvesh Khan ◽  
Mamdouh Abdulaziz Saleh Al-Faryan
Keyword(s):  
Well Being ◽  
Developed Countries ◽  
Macroeconomic Performance ◽  
Content Type ◽  
Macroeconomic Conditions ◽  
Us Economy ◽  
The Us ◽  
The Usa ◽  
Negative Impacts ◽  
The One

Purpose The purpose of the study is to explore the misconception that in developed countries, macroeconomic performance lead to sustainable firms or improves stakeholder well-being. The results may be the opposite or even worse. Design/methodology/approach This study examined this misconception using balanced panel data from 1,122 firms from different sectors of the US economy and data on macroeconomic performance from the World Bank. Findings The results of the one-step generalised method of moments indicate that most macroeconomic performance indicators had significant and negative impacts on firm sustainability and stakeholder well-being. Practical implications From a societal perspective, the results illustrate that the fruits of macroeconomic performance of the US economy do not reach stakeholders through firms’ sustainability. Thus, linking the economy’s macroeconomic performance with firm sustainability is vital for sustainably uplifting society and for stakeholder well-being. Originality/value From a policy perspective, this study reveals that the greater focus on macroeconomic performance in the USA over the past decades has resulted in lower firm sustainability because of the malfunctioning of social, economic, environmental and governance factors. This has negatively influenced stakeholder well-being in the country.

PSYCHOLOGICAL BASIS OF CONVICTED WOMEN IN DETENTION PLACES WITH CHILDREN: INTERNATIONAL EXPERIENCE

2021 ◽  
pp. 110-116
Author(s):  
Светлана Станиславовна Пиюкова
Keyword(s):  
Great Britain ◽  
Family Reunification ◽  
Research Data ◽  
Correctional Institution ◽  
Correctional Institutions ◽  
Mothers And Children ◽  
Mother And Child ◽  
The Usa ◽  
The One

Статья посвящена рассмотрению психологических основ совместного пребывания осужденных женщин с детьми в отделениях матери и ребенка пенитенциарных учреждений различных стран. Раскрывается значение регулярных контактов осужденной женщины со своим ребенком на протяжении всего срока ее пребывания в исправительном учреждении. Характеризуется влияние ограничения контактов с матерями, находящимися в местах лишения свободы, на развитие психики их детей. Авторами статьи обосновывается роль поддержания отношений между матерями и детьми как одного из факторов, способствующих увеличению вероятности успешного воссоединения семей после освобождения женщин из мест лишения свободы. Рассматриваются существующие в настоящее время в международной пенитенциарной практике решения по созданию условий для содержания осужденных женщин с детьми в исправительных учреждениях. Характеризуются задачи отделений матери и ребенка, а также приводятся примеры из практики их организации в пенитенциарных системах США, Канады, Великобритании, Новой Зеландии, Германии и других стран. Приводятся данные исследований, свидетельствующие об эффективности работы отделений матери и ребенка. Анализируются аргументы сторонников и противников содержания осужденных женщин с детьми в исправительных учреждениях. Обосновывается тезис о необходимости достижения баланса в удовлетворении потребностей ребенка, с одной стороны, и организации условий для совместного содержания осужденных женщин с детьми в исправительных учреждениях, принимая во внимание вопросы безопасности и серьезность правонарушений со стороны матери. The article is devoted to the examination of the psychological foundations of the joint stay of convicted women with children in the mother and child wards of penitentiary institutions in different countries. The significance of regular contacts between a convicted woman and her child throughout the entire period of her stay in a correctional institution is revealed. The influence of limiting contacts with mothers in prison on the development of the psyche of their children is characterized. The authors of the article substantiate the role of maintaining relations between mothers and children as one of the factors contributing to an increase in the likelihood of successful family reunification after the release of women from prison. The author considers the solutions currently existing in international penitentiary practice to create conditions for the detention of convicted women with children in correctional institutions. The tasks of mother and child departments are characterized, and examples from the practice of their organization in the penitentiary systems of the USA, Canada, Great Britain, New Zealand, Germany and other countries are given. Research data showing the effectiveness of the work of the mother and child departments are presented. The arguments of supporters and opponents of keeping convicted women with children in correctional institutions are analyzed. The thesis is substantiated that it is necessary to achieve a balance in meeting the needs of the child, on the one hand, and to organize conditions for the joint detention of convicted women with children in correctional institutions, taking into account the issues of safety and the seriousness of offenses on the part of the mother.

scholarly journals Understanding the prime mover

2011 ◽  
Vol 14 (1) ◽  
pp. 15-33 ◽  
Author(s):  
Johan Hammarlund ◽  
Kristina Riegert
Keyword(s):  
Cold War ◽  
Role Model ◽  
Us Foreign Policy ◽  
Media Discourse ◽  
Prime Mover ◽  
Cultural Symbols ◽  
The Us ◽  
The Usa ◽  
Role Of Religion

•As a pervasive historical construct that is both foreign and familiar, the USA has a looming presence in Swedish media discourse. Swedish journalists’ views of the USA can best be described as ambivalent — critical of a unilateral or too passive US foreign policy, while at the same time being heavily influenced by many aspects of the American economic model and culture. This article presents the results of an analysis of Swedish editorials, debate, commentary and cultural articles about the USA in time periods between 1984 and 2009. During these three decades USA actions are broadly framed against the backdrop of Cold War, globalization and cultural contestation paradigms respectively. The USA is seen as a formidable power, one that should be checked by others on the international stage. Cultural symbols based on historical European narratives about the US are called upon to illustrate reckless unilateralism (‘Space Cowboy’ Reagan) or the future-oriented entrepreneur as a role model for Sweden (during the Clinton years). The final decade under the cultural contestation paradigm is also ambivalent — the role of religion in the USA appears foreign to Swedish eyes, whereas the USA’s cultural misunderstandings with others appear familiar. •

scholarly journals Authorial Self and Modernity as Reflected in Diaries and Memoirs. Three 19th-Century Hungarian Case Studies

2019 ◽  
Vol 9 (1) ◽  
pp. 85-97
Author(s):  
Béla Mester
Keyword(s):  
Intellectual History ◽  
Social Role ◽  
Public Intellectual ◽  
Self Reflection ◽  
Individual Character ◽  
History Of ◽  
New Type ◽  
The Moment ◽  
The One

Abstract The role of the diaries and memoirs in the process of the conscious self-reflection and their contribution to the emergence of modern individual personalities are well-known facts of the intellectual history. The present paper intends to analyze a special form of the creation of modern individual character; it is the self-creation of the writer as a conscious personality, often with a clearly formulated opinion about her/his own social role. There will be offered several examples from the 19th-century history of the Hungarian intelligentsia. This period is more or less identical with the modernization of the “cultural industry” in Hungary, dominated by the periodicals with their deadlines, fixed lengths of the articles, and professional editing houses on the one hand and the cultural nation building on the other. Concerning the possible social and cultural role of the intelligentsia, it is the moment of the birth of a new type, so-called public intellectual. I will focus on three written sources, a diary of a Calvinist student of theology, Péter (Litkei) Tóth, the memoirs of an influential public intellectual, Gusztáv Szontagh, and a belletristic printed diary of a young intellectual, János Asbóth.

scholarly journals Rasionalitas Kebijakan Pro Laktasi Indonesia

2017 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Demeiati Nur Kusumaningrum
Keyword(s):  
Public Sphere ◽  
Qualitative Method ◽  
Leisure Time ◽  
Work Place ◽  
Working Mother ◽  
Indonesian Government ◽  
Crucial Problem ◽  
The One ◽  
The Right

AbstrakMenyusui adalah naluri manusia yang berkaitan dengan kehamilan, namun demikian pemerintah Indonesia perlu melindungi ibu dan bayi dengan menerbitkan Peraturan Pemerintah Nomor 33 Tahun 2012. Kebijakan ini memandatkan seluruh pihak termasuk pemerintah daerah, lembaga layanan kesehatan, tenaga medis, dan produsen susu formula agar mendukung pemenuhan periode laktasi (menyusui). Dengan menggunakan pendekatan keamanan manusia, penelitian ini hendak menganalisis apa yang menjadi pertimbangan pemerintah Indonesia dalam menerbitkan PP yang berkaitan dengan aspek kesehatan. Penelitian ini menggunakan metode kualitatif. Data dan informasi diperoleh dari observasi, wawancara mendalam, dan kajian literatur. Hasil penelitian ini menunjukkan PP No.33/2012 dikeluarkan sebagai bentuk komitmen pemerintah untuk mencapai target MDGs terkait jaminan kesehatan ibu dan anak. Adapun kendala dalam penerapan kebijakan ini berasal dari kasus ibu bekerja yang pada umumnya terbatas waktu menyusui, beban pikiran, dan kurangnya fasilitas pojok laktasi di tempat kerja. Tayangan iklan susu formula melalui berbagai ruang publik turut meyakinkan para ibu terhadap manfaat susu formula sehingga menggantikan peran ASI. Selain itu, kurangnya pengetahuan tentang menyusui dari ibu dan keluarga juga menjadi tantangan kesuksesan pemenuhan periode menyusui.Kata Kunci: menyusui, MDGs, kebijakan AbstractBreastfeed is a matter of human nature and maternity, but Indonesian government needs to legitimate and protect the right of mother and baby by establish Government Policy No. 33/2012. It mandated the role of local government, health service institututions, medical expertist, and instan milk producers to support the breastfeed period. This research questioned why the Indonesian Government establish the health policy in dealing with breastfeeding obligation that it sounds crucial problem regarding the human security perspective. This research used qualitative method. Data and information obtained from observation, literature review, and deep interview. This policy is the one of Indonesian committment to achieve MDGs target to ensure mother and baby’s health. The obstacles of breastfeed experienced by working mother related to the problem of leisure time, stressful, and facilities in work place. The massive instan milk advertisement through mass media and public sphere are able to influence the society mindsets about the safety and goodness of instan milk for their baby. The lack of access on breastfeed education and knowledge of the mother and family become the rest.Keywords: breastfeeds, MDGs, policy

The Use of Blood Money in the Establishment of Non-Justice: Necrodomination and Resistance

2019 ◽  
pp. 160-186
Author(s):  
Cem Özatalay ◽  
Gözde Aytemur Nüfusçu ◽  
Gülistan Zeren
Keyword(s):  
Social Hierarchy ◽  
Judicial Process ◽  
The Social ◽  
Blood Money ◽  
Perpetrators And Victims ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The use of blood money by powerful people during the judicial process following different kinds of homicides (workplace homicides, state homicides, gun homicides and so on) has become commonplace within the neoliberal context. Based on data obtained from five cases in Turkey, this chapter shows, on the one hand, how the use of blood money serves as an effective tool in the hands of powerful people to consolidate power relations, particularly necropower, as well as the relationship of domination, which rests upon class and identity-based inequalities. The analysis indicates that the blood money offers made by powerful people allows them to minimize potential penalties within penal courts and also to keep their privileged positions in the social hierarchy by purchasing the ‘right to kill’. On the other hand, the resistance of the oppressed and aggrieved people to the subjugation of life to the power of death is analysed with a particular focus on the role of power asymmetries between perpetrators and victims and their unequal positions in the social hierarchy. This conflictual relationship, which we qualify as an expression of necrodomination, offers novel insights into Turkey’s historically shaped system of domination.

A Shiny Surface and a Tainted Past

2013 ◽  
Author(s):  
Lars Öhrström
Keyword(s):  
Close Contact ◽  
Essential Element ◽  
Therapeutic Window ◽  
Law Firm ◽  
Award Winning ◽  
Do No Harm ◽  
The Us ◽  
Main Component ◽  
The Right

The day Erin Brockovich was driving in Reno and got hit by another driver, brought her in close contact not only with the bumper of the other car, but eventually also with the US legal system, and this would change her life completely. The day Steven Soderbergh asked Julia Roberts to play the part of Erin Brockovich in the film with the same name didn’t really change her life, one presumes, but it would show the world’s moviegoers and critics that the star and Academy Award winning actress of 1990 was really back on the right track. What is the link between these events? The answer is the element chromium. It was chromium that made law-firm clerk Brockovich start a David-against-Goliath struggle with the California energy conglomerate Pacific Gas and Electric Company, that made director Soderbergh make the blockbuster movie that gave Roberts an Oscar for best female actress in 2000 and revitalized her career. I will try not to spoil the picture for those who have not seen it, because it is well worth watching, but the fact that the good guys win in the end is probably not a surprise anyway. However, the role of chromium in this play is not at all evident. And are the good guys really the good guys? There is usually a proper amount of, and a proper place for, everything, and this includes the elements of the periodic table. The main component in steel, a material which has a role to play in this story, is iron, and while we sometimes have too low a level of this element in our bodies, too much of it will kill us. The same goes for chromium: we can’t live without it. Or so it was thought until very recently. It was supposed to help us to break down and metabolize sugars, and thus ‘chromium deficiency’ could possibly be related to diabetes. Now, while low levels seems to do no harm, there are still possibilities of a therapeutic window—that is, concentrations where it may do some good—but it does not any longer seem to be considered an essential element, although official consensus on this has not yet been proclaimed.

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