scholarly journals Events Matter: Extraction of Events from Court Decisions

2020 ◽  
Author(s):  
Erwin Filtz ◽  
María Navas-Loro ◽  
Cristiana Santos ◽  
Axel Polleres ◽  
Sabrina Kirrane
Keyword(s):  
Gold Standard ◽  
Conditional Random Fields ◽  
Research Community ◽  
Court Decision ◽  
Court Decisions ◽  
Rule Based ◽  
Information Tools ◽  
European Court ◽  
Extraction Mechanisms ◽  
Timeline Generation

The analysis of court decisions and associated events is part of the daily life of many legal practitioners. Unfortunately, since court decision texts can often be long and complex, bringing all events relating to a case in order, to understand their connections and durations is a time-consuming task. Automated court decision timeline generation could provide a visual overview of what happened throughout a case by representing the main legal events, together with relevant temporal information. Tools and technologies to extract events from court decisions however are still underdeveloped. To this end, in the current paper we compare the effectiveness of three different extraction mechanisms, namely deep learning, conditional random fields, and rule-based method, to facilitate automated extraction of events and their components (i.e., the event type, who was involved, and when it happened). In addition, we provide a corpus of manually annotated decisions of the European Court of Human Rights, which shall serve as a gold standard not only for our own evaluation, but also for the research community for comparison and further experiments.

scholarly journals The role of the European Court of Human Rights in ensuring appropriate and effective protection of a fair court in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 82-88
Author(s):  
Nadiya Khrystynchenko
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
The State ◽  
Court Decision ◽  
Access To Justice ◽  
Court Decisions ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
And Control

The article deals with the study of the practice of the European Court of human rights on liability and control over non-enforcement of court decisions in Ukraine. The study notes the importance of the issue of enforcement of court decisions that have entered into legal force. In particular, it is indicated that such an act falls under the qualification of Article 6 of the convention for the protection of human rights and fundamental freedoms – a violation of the right to a fair trial. The European Court of human rights has repeatedly noted in its decisions the seriousness and scale of this threat to Ukraine. It has been noted that the percentage of enforcement of court decisions has never exceeded 40-45%, and in some years, it has decreased to critical values of 5-10%. The purpose of the article is to analyze the practice of the ECHR on liability and control over non-enforcement of court decisions in Ukraine and provide recommendations for improving this situation. It has been concluded that in Ukraine there is a problem of a persistent recurring nature – excessive length of enforcement or non-enforcement of court decisions, which is a violation of the rights guaranteed by the ECHR to a fair trial and to respect for property. Despite the fact that the ECHR has repeatedly pointed out the execution of a court decision as part of a trial, this position of the ECHR is still not always properly taken into account in Ukraine. Enforcement of a court decision is part of states ' obligations to ensure access to justice under Article 6 of the convention for the protection of human rights and fundamental freedoms. A person who has a court decision against a state or local government body is not required to initiate additional procedures to implement this decision. Unconditional implementation of such a decision should be guaranteed by the state. In order to improve the situation in the area under study, it is advisable to review the current legis-lation that ensures the implementation of court decisions, and continue reforming the civil service. Ap-propriate actions should be carried out in cooperation between the Cabinet of Ministers of Ukraine, the Verkhovna Rada of Ukraine and other responsible executive authorities. It seems appropriate to create a government commission to improve the work of the state executive service.

Digital platforms under fire: What Australia can learn from recent developments in Europe

2018 ◽  
Vol 43 (4) ◽  
pp. 275-282
Author(s):  
Samson Esayas ◽  
Dan Svantesson
Keyword(s):  
Court Decision ◽  
Final Report ◽  
Court Decisions ◽  
Clear Trend ◽  
Digital Platforms ◽  
Recent Developments ◽  
Selection Of

There is a clear trend of a hardening attitude towards digital platforms. In Australia this trend is exemplified by the Australian Competition and Consumer Commission’s current inquiry specifically into digital platforms. Further, it can also be seen in court decisions. Having discussed one such court decision, we give a brief overview of the Australian Competition and Consumer Commission’s digital platforms inquiry. We then seek to bring attention to a selection of particularly relevant European developments that may usefully inform how Australia proceeds in this arena and that may be considered in the Australian Competition and Consumer Commission’s final report due to be provided to the Treasurer on 3 June 2019.

scholarly journals STUDY OF CONTRACT OBJECT IN MULTI-SERVICE FINANCING USING IJARAH IN ISLAMIC BANK

2021 ◽  
Vol 6 (2) ◽  
pp. 225
Author(s):  
Kamalia Firdausi
Keyword(s):  
Court Decision ◽  
Court Decisions ◽  
Legal Research ◽  
Islamic Bank ◽  
Approach Method

In a case of a dispute between an islamic bank and a customer related to multi-service financing using an ijarah contract at an islamic bank, the customer is suing for the cancellation of the contract on the multi-service financing on the grounds that the object of the contract is not the object of the contract, so the contract should be null and void. However, the court decision stated that he rejected the customer's claim. This research was conducted to examine the application of sharia principles in legal considerations in court decisions regarding contract objects in multi-service financing using the ijarah contract. This research is a normative legal research using the statutory approach method. The results of this study indicate that the legal considerations in court decisions regarding the object of the contract in multi-service financing using the ijarah contract are formally correct, but materially there is still a possibility of gharar that is not in accordance with sharia principles.

scholarly journals “Regardless of their sex” or “biological differences”. An analysis of the European Court of Human Rights’ case law on women in prison

2020 ◽  
Vol 11 (2) ◽  
pp. 1275-1311 ◽  
Author(s):  
Sofia Ciuffoletti
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Incarcerated Women ◽  
Soft Law ◽  
Court Decisions ◽  
Relevant Issue ◽  
European Court ◽  
Women In Prison ◽  
Biological Differences ◽  
Critical Aspects

Abstract In recent years, a growing attention for the specificities of female detention has spurred the adoption of a consolidated corpus of international soft-law tools, as well as reports on the conditions of incarcerated women. This momentum has not been paralleled by court decisions focusing on gender as a key issue in determining potential violations to prisoners’ rights, neither at a domestic nor at an international level. The paper will explore the gap between said legislation and policies and their implementation, particularly focusing on the case law of the European Court of Human Rights. The perspective adopted by this Court in interpreting the gender specificities of women in prison seems to be uncritically grounded in the vulnerability paradigm and the protection of motherhood. We will attempt to decode this normative ideology and to read it in context, and in comparison with the consolidated case law of the Court on the legal notion of vulnerability in prison, as well as with its case law on gender topics and the prohibition of discrimination. The analysis will highlight the most critical aspects of the traditional interpretation of gender equality in prison, as well the need to reconsider gender as a relevant issue in the protection of prisoners’ rights.

scholarly journals ChemTok: A New Rule Based Tokenizer for Chemical Named Entity Recognition

2016 ◽  
Vol 2016 ◽  
pp. 1-9 ◽  
Author(s):  
Abbas Akkasi ◽  
Ekrem Varoğlu ◽  
Nazife Dimililer
Keyword(s):  
Conditional Random Fields ◽  
Named Entity Recognition ◽  
Classification Performance ◽  
Entity Recognition ◽  
Support Vector ◽  
Learning Approaches ◽  
Data Set ◽  
Rule Based ◽  
Named Entity ◽  
Vector Machines

Named Entity Recognition (NER) from text constitutes the first step in many text mining applications. The most important preliminary step for NER systems using machine learning approaches is tokenization where raw text is segmented into tokens. This study proposes an enhanced rule based tokenizer, ChemTok, which utilizes rules extracted mainly from the train data set. The main novelty of ChemTok is the use of the extracted rules in order to merge the tokens split in the previous steps, thus producing longer and more discriminative tokens. ChemTok is compared to the tokenization methods utilized by ChemSpot and tmChem. Support Vector Machines and Conditional Random Fields are employed as the learning algorithms. The experimental results show that the classifiers trained on the output of ChemTok outperforms all classifiers trained on the output of the other two tokenizers in terms of classification performance, and the number of incorrectly segmented entities.

Behavioral Economics and Court Decision-Making

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Doron Teichman ◽  
Eyal Zamir
Keyword(s):  
Decision Making ◽  
Economic Analysis ◽  
Behavioral Economics ◽  
Court Decision ◽  
Social Optimum ◽  
Court Decisions ◽  
Heuristics And Biases ◽  
Court System ◽  
Economic Analysis Of Law ◽  
The Social

Abstract The economic analysis of law assumes that court decisions are key to incentivizing people and maximizing social welfare. This article reviews the behavioral literature on court decision making, and highlights numerous heuristics and biases that impact judges and jurors and cause them to make decisions that diverge from the social optimum. In light of this review, the article analyzes some of the institutional features of the court system that may help minimize the costs of biased decisions in the courts.

SHORTENED TIMELINE OF APPEAL AGAINST INTERIM COURT DECISIONS MADE AT A PRE-TRIAL STAGE OF CRIMINAL PROCEEDINGS

2021 ◽  
pp. 38-49
Author(s):  
Polina O. Gertsen ◽  
Keyword(s):  
Russian Federation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Court Decision ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Medical Organization ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Russian Federation

The article deals with the problem of classifying interim decisions among those that are appealed in a shortened timeline, and determining the list of such decisions, as well as the closely related problem of determining the rules for calculating such a shortened timeline. Currently, the Criminal Procedure law provides for the possibility of appealing a number of interim decisions made at a pre-trial stage of criminal proceedings before the final decision Moreover, for appealing some interim decisions at a pre-trial stage of criminal proceedings, a general period of appeal is provided - 10 days from the date of the court decision, or the same period from the date of serving with a copy of the decision the person who is in custody, while for others a shortened timeline is 3 days from the date of the decision. Meanwhile, it follows from the literal interpretation of the Criminal Procedure Code of the Russian Federation that within a shortened three-day period, court decisions on the election of preventive measures in the form of a ban on certain actions, bail, house arrest, detention, the refusal to apply them or extend their application can be appealed. At the same time, such a conclusion is not confirmed either in the positions of the Plenum of the Supreme Court of the Russian Federation or in judicial practice. Based on the analysis of the criminal procedure law, the position of the Supreme and Constitutional Courts of the Russian Federation, scientific literature and practice, several problems are highlighted. Thus, the author states the discrepancy between the provisions of the Code of Criminal Procedure of the Russian Federation and the resolution of the Plenum of the Supreme Court of the Russian Federation when it comes to establishing the terms for appealing the court decision on a preventive measure in the form of bail. In addition, there is no single criterion for establishing shortened deadlines for appealing interim decisions, and there-fore, the list of such decisions requires analysis. In addition, the Criminal Procedure Code of the Russian Federation does not contain a norm that determines the rules for calculating daily terms. The author formulates several proposals for amendments. It is proposed to determine the criteria for a shortened appeal timeline as the restriction of the constitutional right to liberty and immunity of a person that requires the immediate judicial review of the lawfulness of such a decision. It is also necessary to correct the phrasing of Article 106 of the Criminal Procedure Code of the Russian Federation, which defines the procedure for applying a preventive measure in the form of bail, and establish the rule that appeal against such an interim court decision is filed according to the rules of Chapter 45.1 of the Criminal Procedure Code within ten days. The list of court decisions which must be appealed in a shortened timeline must be expanded by a court decision on putting a suspect or an accused into a medical organization providing medical or psychiatric care in hospital settings for forensic examination, as well as the extension of a person’s stay in a medical organization. In addition, the author has analyzed the approaches to the calculation of daily terms and proposes to amend Part 1 of Article 128 of the Criminal Procedure Code of the Russian Federation by establishing a single procedure for calculating daily terms, which does not take into account the day that served as a starting point of the term.

scholarly journals Food and environmental safety assessment of new plant varieties after the European Court decision: Process-triggered or product-based?

2019 ◽  
Vol 88 ◽  
pp. 24-32 ◽  
Author(s):  
Esther J. Kok ◽  
Debora C.M. Glandorf ◽  
Theo W. Prins ◽  
Richard G.F. Visser
Keyword(s):  
Decision Process ◽  
Safety Assessment ◽  
Environmental Safety ◽  
Court Decision ◽  
European Court

Major court and tribunal decisions in Australia in 2018

2019 ◽  
Vol 61 (3) ◽  
pp. 421-437 ◽  
Author(s):  
Ingrid Landau ◽  
Dominique Allen
Keyword(s):  
Small Group ◽  
Employment Status ◽  
Federal Court ◽  
Food Delivery ◽  
Court Decision ◽  
Court Decisions ◽  
Judicial Decisions ◽  
Gig Economy ◽  
Employment Standards ◽  
Definition Of

The year 2018 saw significant tribunal and court decisions concerning the definition of ‘casual’ for the purposes of the National Employment Standards, the obligations of labour hire employers, and the employment status of food delivery drivers in the gig economy. This review also covers a number of significant changes to awards made by the Fair Work Commission as part of its 4-yearly award review; a Full Federal Court decision about the extent to which a small group of employees genuinely agreed to approve an enterprise agreement. An unusual tribunal decision about an employee who was assumed to have a disability is noted. Finally, the review considers several significant judicial decisions on accessorial liability and penalites under the Fair Work Act.

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