Review of the Saudi Anti-Sexual Harassment Law: Evolution and Challenges

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 21-40
Keyword(s):  
Sexual Harassment ◽  
State Level ◽  
Federal Court ◽  
The United States ◽  
Complex Nature ◽  
Criminal Cases ◽  
Effective Strategies ◽  
Jury Trials ◽  
Sexual Harassment Law ◽  
The Subject

Sexual harassment is one of the most debated issues in society. This is mainly because of its prevalence and effects both to the victims and other associated parties. It is a pervasive problem existing in almost every institution, organization and society. Despite its pervasiveness, it can also be elusive and in most cases go unnoticed with the victims suffering in silence. Considering its apparent yet complex nature, there has always been the consistent need to research and understand more about the subject of sexual harassment in an attempt to find effective strategies and solutions for its prevention. However, while it can be complicated and pervasive, sexual harassment is increasingly prevalent in the workplace. This may be due to several factors, including the complex nature that includes the different forms of it, such as verbal, non-verbal or physical sexual harassment nly 2% of roughly 80,000 persons charged with crimes in 2018 in federal court in the United States of America had their cases heard by juries of their peers. In those trials, 83% of defendants were convicted and 17% were acquitted. Approximately 90% of criminal cases are resolved by way of plea agreement and sentencing with only 8% dismissed.1 The percentages of jury trials and plea agreements are roughly the same at the state level. Civil cases are also tried by juries but are not the focus of this article.

THE AMERICAN CRIMINAL THE AMERICAN CRIMINAL JURY TRIAL – JUSTICE AND JURY TRIAL – JUSTICE AND DEMOCRACY IN ACTION DEMOCRACY IN ACTION

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 14-20
Keyword(s):  
United States ◽  
United States Of America ◽  
State Level ◽  
Federal Court ◽  
The United States ◽  
The State ◽  
Jury Trial ◽  
Criminal Cases ◽  
Jury Trials ◽  
Civil Cases

Only 2% of roughly 80,000 persons charged with crimes in 2018 in federal court in the United States of America had their cases heard by juries of their peers. In those trials, 83% of defendants were convicted and 17% were acquitted. Approximately 90% of criminal cases are resolved by way of plea agreement and sentencing with only 8% dismissed.1 The percentages of jury trials and plea agreements are roughly the same at the state level. Civil cases are also tried by juries but are not the focus of this article.

U.S. Immigration Policy in the Early 21st Century

2012 ◽  
pp. 93-102
Author(s):  
G. Nikol'skaya
Keyword(s):  
Immigration Policy ◽  
American History ◽  
State Level ◽  
The United States ◽  
Immigration Reform ◽  
President Obama ◽  
Early 21St Century ◽  
New Immigrants ◽  
Significant Movement ◽  
The Subject

U.S. immigrant population (legal and illegal) reached 40 millions in 2010, the highest number in American history. Nearly 14 millions of new immigrants settled in the country from 2000 to 2010, making it the highest decade of immigration in American history. For the United States, the immigration has always been both crucial to the economic growth and a source of serious conflicts. There has been no significant movement toward federal immigration reform since bipartisan project blocked in 2007. But it has been the subject of fever legislation at a state level, and President Obama made a decision to return to this question in the coming presidential campaign.

28 USC § 1782—looking for consensus

2019 ◽  
Vol 35 (3) ◽  
pp. 331-345
Author(s):  
David J Stute
Keyword(s):  
United States ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
The Other ◽  
Court Decisions ◽  
Arbitral Tribunal ◽  
Civil Proceedings ◽  
The Subject ◽  
Definition Of

Abstract Since the 1948 enactment of 28 USC § 1782 in the United States, no consensus has emerged as to the availability of federal court discovery to parties in private foreign or international arbitral proceedings. This year, within months of one another, six federal courts have issued rulings that are widely inconsistent on the availability of section 1782 discovery. The courts have ruled that a proceeding before a private international arbitral tribunal is eligible for section 1782 discovery; that, categorically, no such discovery is available; that the definition of private arbitral tribunal applies to CIETAC; and that discovery is available by virtue of a party’s parallel pursuit of discovery through foreign civil proceedings. As these cases demonstrate, recent US court decisions have brought no predictability, let alone certainty, to the subject. Congress, on the other hand, could and should amend the statute so as to include private tribunals in the scope of section 1782. This article discusses the case law’s state of disarray; proposes a legislative solution; considers the proposed amendment’s merits; and advocates for Congress to act.

Battles over US waterways policies are ahead

2020 ◽  
Keyword(s):  
Environmental Protection Agency ◽  
State Level ◽  
The United States ◽  
Private Land ◽  
Weak State ◽  
Content Type ◽  
Agriculture Industry ◽  
Legal Challenges ◽  
Clean Air ◽  
The Subject

Significance Later this year, the Trump administration’s Navigable Waters Protection (NWP) rule comes into force, the subject of the group's concern. The Environmental Protection Agency (EPA) finalised the rule in late January. The rule redefines which US waters are protected under the 1972 Clean Water Act (CWA), and replaces the 2015 Waters of the United States (WOTUS) rule. Legal challenges meant WOTUS was never implemented, but it still worried agriculture, industry and landowners as it potentially expanded federal anti-pollution oversight to previously unregulated waters and adjacent private land. The NWP is the latest effort in the Trump administration’s environmental deregulation drive affecting climate change, clean air, natural resources extraction, parklands and endangered species. Impacts The greatest beneficiaries of scrapping WOTUS are likely to be mining, construction and chemicals industries. Weak state-level enforcement could reduce wetlands protection by more than a return to pre-2015 levels that the NWP professes. More polluted US rivers could aggravate riparian disputes with Mexico.

Sexual Harassment in the Workplace: A United States Perspective

2005 ◽  
Vol 7 (1-4) ◽  
pp. 29-85
Author(s):  
Joseph M. Kelly ◽  
David D. Kadue ◽  
Robert J. Mignin
Keyword(s):  
United States ◽  
Sexual Harassment ◽  
Common Law ◽  
Burden Of Proof ◽  
The United States ◽  
State Law ◽  
Hostile Environment ◽  
Federal Law ◽  
Men And Women ◽  
Sexual Harassment Law

Sexual harassment litigation has increased significantly within the United States. It is a cause of action that was created by the judiciary to enable an employee to work in an atmosphere free from a sexually hostile environment. Some parameters of U.S. sexual harassment law are still unclear, but the law now applies to men and women, and the burden of proof has gradually been eased. Under judge-made law, an employer will always be liable when harassment culminates in a tangible employment detriment. The employer is also automatically liable when a supervisor creates a hostile environment, unless the employer can prove that it has taken reasonable steps to prevent or correct harassment and that the employee unreasonably failed to use the employer's anti-harassment procedures. Employers are also liable for harassment perpetrated by supervisors, co-workers and non-employees if the employer is negligent in failing to prevent or correct harassment. Employers are thus well advised to formulate and enforce an anti-harassment workplace policy that allows a complainant to have a thorough, impartial and prompt investigation of any allegation of harassment. Complainants can elect to use federal-law and state-law remedies for sexual harassment/discrimination. The state law, unlike the federal, may allow unlimited tort-like damages. A complainant may also allege common law causes of action such as infliction of emotional distress.

scholarly journals Regulações Expropriatórias à luz da constitucionalização do Direito Administrativo / Expropriatory regulations in the light of the constitutionalization of administrative law

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Maíra Valentim Da Rocha
Keyword(s):  
Economic Value ◽  
Federal Court ◽  
The United States ◽  
Administrative Law ◽  
Regulatory Activity ◽  
Limiting State ◽  
Appropriate Treatment ◽  
Vast Literature ◽  
Federal Court Of Justice ◽  
The Subject

<p>: Este trabalho visa a analisar, à luz da constitucionalização do Direito Administrativo, as regulações expropriatórias, ou seja, a atividade reguladora do Estado que acaba por esvaziar a propriedade de sua utilidade ou valor econômico. A partir de breve exame sobre as características e efeitos da constitucionalização no Direito Administrativo, bem como sobre a proteção conferida, pelo ordenamento jurídico brasileiro, ao direito de propriedade, será tratada a atividade regulatória do Estado, dando ênfase à necessidade de uma renovação no tratamento jurídico-normativo da atividade expropriatória. Depois, serão investigadas as teses já elaboradas pela doutrina acerca das regulações expropriatórias. Serão ainda abordadas as contribuições da vasta doutrina e jurisprudência dos Estados Unidos sobre expropriações regulatórias. Será, então, examinada a evolução do posicionamento do Superior Tribunal de Justiça e do Supremo Tribunal Federal sobre as regulações expropriatórias, demonstrando-se que o tema ainda é controvertido na jurisprudência nacional e internacional. Em que pese não ter ainda a doutrina identificado critérios seguros para a identificação da caracterização de uma regulação como expropriatória, e nem mecanismos de limitação da atuação estatal nesses casos, constata-se que é possível a configuração de expropriação através de regulações, caso em que a regulação caracterizará desapropriação indireta, devendo receber o tratamento adequado.</p><p> </p><p>This essay aims to analyze, considering the constitutionalization of Administrative Law, the regulatory expropriations, in other words, the regulatory activity of the State that ends up deflating property’s utility or economic value. From a brief review over the particulars and effects of the constitutionalization of Administrative Law, as well as over the protection granted by the Brazilian law to the property right, it will be studied the State’s regulatory activity, focusing on the need of a renewal of the legal and normative handling of the taking activity. Afterwards, the theses already formulated by the scholars will be investigated. The contribution of the vast literature and jurisprudence of the United States will be also studied. Then, it will be examined the evolution of the understanding of the Brazilian Superior Court and the Federal Court of Justice over the regulatory expropriations, evidencing that the subject is still controversial in national and international jurisprudence. Although there have not been established safe criteria to identifying the configuration of a regulation as expropriatory, nor mechanisms for limiting State acting in these cases, this study endorses that it is indeed possible the setting of expropriation through regulatory activity, and, in this case, regulation will mean indirect taking, requiring the appropriate treatment.</p>

scholarly journals Rainbow Of Followers Attributes In A Leadership Process

2011 ◽  
Vol 15 (2) ◽  
pp. 79
Author(s):  
Evgenia V. Prilipko ◽  
Absael Antelo ◽  
Richard L. Henderson
Keyword(s):  
Survey Design ◽  
The United States ◽  
Limited Attention ◽  
Advanced Level ◽  
Effective Strategies ◽  
Individual Traits ◽  
Leadership Process ◽  
Leaders And Followers ◽  
The Subject ◽  
Statistical Survey

While the breeze of leadership is swaying the continent of North America with irresistible appeal, followership is left to rest in the shade. The subject has been given a very limited attention, thus, the paper attempts to address this deficiency and propose attributes of effective followers. Statistical survey design and correlation procedures are applied to assess selected variables and their relationship when examining the results of a multicultural survey conducted among leaders and followers of six countries. The results of the sample countries Russia and Belarus are being reviewed. Findings indicate that respondents tend to have an involuntary inclination towards group work and camaraderie, and are comfortable in the atmosphere of togetherness. Results also illustrate that respondents of the sample have a different understanding of notion of tolerance than respondents in the United States. The study discusses the need to understand how individual traits are assessed and developed, and how individuals can be formed, nurtured and prepared to become effective followers. The criticality of certain attributes characteristic to followers is examined along with practical suggestions of how some attributes can be brought to a more advanced level. The significance of having a leader inside every follower is emphasized. Uncomplicated, yet effective strategies on how to unleash and sustain followership capacity in individuals are described.

Sentencing Reform in Israel: The Goldberg Committee Report

1998 ◽  
Vol 32 (4) ◽  
pp. 591-643 ◽  
Author(s):  
Daniel Ohana
Keyword(s):  
State Level ◽  
The United States ◽  
Criminal History ◽  
Public Confidence ◽  
Committee Report ◽  
Judicial Discretion ◽  
Sentencing Reform ◽  
Final Sentence ◽  
The Subject ◽  
Mitigating Circumstances

Sentencing reform has been the subject of much debate over the past two decades in North America, Europe and Australia. Among the concerns spurring this widespread reconsideration of sentencing principles and practices, there is the need to promote consistency in sentencing, the crisis in public confidence in the criminal justice system, and the constitutional argument for more legislative intervention in the area of sentencing. The reforms implemented in various jurisdictions to address these concerns have taken numerous forms: at the federal level in the United States, “base sentences” were assigned to each offense category, the final sentence being fixed in the light of the offender's prior criminal history and aggravating and mitigating circumstances; at the state level, several jurisdictions adopted a less detailed system of numerical guidelines, schematized by a two-dimensional grid of sentence ranges defined by classes of offenses and the offender's criminal record. Other jurisdictions, such as Canada, Britain and Sweden, eschewed the use of numerical guidelines as a vehicle to structure judicial discretion in favour of simpler statutory statements of principles in sentencing.

scholarly journals Legal Complexity and the Transformation of the Criminal Process: The Origins of Plea Bargaining

1997 ◽  
Vol 31 (1-3) ◽  
pp. 183-222 ◽  
Author(s):  
Malcolm M. Feeley
Keyword(s):  
Standard Form ◽  
United States Supreme Court ◽  
Plea Bargaining ◽  
The United States ◽  
Jury Trial ◽  
Criminal Cases ◽  
Plea Bargain ◽  
Jury Trials ◽  
Adversary System ◽  
Necessary Evil

The standard form of disposition for most English and American criminal cases is the guilty plea, by means of a plea bargain. Jury trials are the rare exception rather than the rule. Although plea bargaining is the subject of a huge scholarly literature analyzing its nature and functioning, there is a much smaller literature on its origins and development. Most of the literature is highly critical, and much of it rests upon a belief that bureaucratic justice has come to replace the vigorous adversarial jury trial. Some critics lament “our vanishing jury”. Others decry the rise of “technocratic justice”. And still others warn that we are witnessing the “twilight of the adversary process”, or the decline of the adversary system. Even those who defend plea bargaining, such as justices on the United States Supreme Court, tend to regard it as a “necessary evil” required as an expedient to cope with the rising tide of caseloads rather than an ideal process.Despite important differences of emphasis among these and still other commentators, most share an important commonalty; they adopt a form of functional analysis that understands plea bargaining as an adaptation to caseload pressures. Hence the power of the metaphor “the twilight” of the adversary process. This assessment seems plausible in light of pervasive plea bargaining and the crush of caseloads in American and English courts.

scholarly journals Equality

Daedalus ◽  
2020 ◽  
Vol 149 (1) ◽  
pp. 213-221
Author(s):  
Catharine A. MacKinnon
Keyword(s):  
United States ◽  
Sexual Harassment ◽  
Sex Discrimination ◽  
The United States ◽  
Substantive Equality ◽  
Sexual Harassment Law

The distinction between formal and substantive equality is theorized then illustrated by sexual harassment law in the United States and in international legal developments. The convergence of sexual harassment concepts with prostitution, hence of sex discrimination law with the Nordic/Equality Model, is explained and explored.

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