scholarly journals Texas Advance Directives Act: Nearly a Model Dispute Resolution Mechanism for Intractable Medical Futility Conflicts

2016 ◽  
Vol 16 (1) ◽  
pp. 22 ◽  
Author(s):  
Thaddeus Mason Pope
Keyword(s):  
Dispute Resolution ◽  
Advance Directives ◽  
Due Process ◽  
Medical Futility ◽  
The United States ◽  
Life And Death ◽  
Procedural Due Process ◽  
The World ◽  
Dispute Resolution Mechanism ◽  
Texas Advance Directives Act

<em>Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (‘TADA’). In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive life-and-death conflicts. But TADA is too lopsided. It is far more efficient than it is fair. TADA should be amended to better comport with fundamental notions of procedural due process.</em>

scholarly journals The Collapse of the Appellate Body as a Determining Factor of the WTO’s Future

2021 ◽  
Vol 16 (3) ◽  
pp. 238-255
Author(s):  
Hryhorii M. Kalachyhin ◽  
Keyword(s):  
Dispute Resolution ◽  
World Order ◽  
The United States ◽  
Economic Regulation ◽  
Trade Disputes ◽  
Appellate Body ◽  
The World ◽  
Shifting Balance ◽  
Wto Appellate Body ◽  
The U.S

The World Trade Organization (WTO) is one of the leading institutions involved in global economic regulation. Its purposes are to ensure multilateral cooperation on the liberalization of international trade, harmonize existing standards and requirements, and peacefully resolve trade disputes between countries. Since 11 December 2019, dispute resolution has been handicapped due to the consistent blocking of the appointment of members to the WTO Appellate Body (AB) by the United States. This has reduced the multilateral trading system’s (MTS) predictability and threatens its final decay. In this article, the fundamental and formal causes of the collapse are described, and its circumvention mechanisms and effectiveness are discussed. At the same time, an assessment is given of the possibility to overcome the collapse in 2021, considering the change of the U.S. president and other events. Special attention is paid to Russia’s position and its current and potential losses. Finally, the issue of dispute resolution through regional trade agreements is proposed for discussion. The fundamental reasons for the collapse were the shifting balance of power in the world order and the WTO’s inflexibility in adjusting the rulebook and its procedures. The main reasons for the U.S.’ dissatisfaction are objective but based on formalities; the blockage of the AB is an overreaction. Moreover, the U.S.’ position on this issue has not changed with the new president. As a result, there is abuse of the current situation as WTO members file appeals “into the void.” Existing tools to circumvent the collapse are partial and not yet popular among WTO members. Russia needs to resume the AB’s work to complete previously started high-profile disputes and to defend its interests in the future.

scholarly journals International Legal and Economic Aspects of Dispute Resolution within the WTO in the Context of International Integration

2021 ◽  
Vol 14 (2) ◽  
pp. 64-71
Author(s):  
V. P. Kirilenko ◽  
Yu. V. Mishalchenko ◽  
A. N. Shchepova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Legal Remedies ◽  
The World ◽  
System Functioning ◽  
Dispute Settlement System ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The article discusses issues related to the settlement of disputes within the framework of the World Trade Organization, as well as assesses the advantages and disadvantages of this system. The specific problems of the dispute settlement system functioning today are considered, and options for optimizing the dispute resolution mechanism and various ways to improve the effectiveness of legal remedies in cases of non-compliance with decisions are proposed. Special attention is paid to the latest topical disputes involving the Russian Federation, the European Union, Ukraine, China and USA resolved within the framework of the World Tr ade Organization, as well as to the crisis faced by the organization due to the absence of a permanent appeals body.

Rights in Twentieth-Century Constitutions: The Case of Welfare Rights

1994 ◽  
Vol 6 (1) ◽  
pp. 140-156
Author(s):  
Mary Ann Glendon
Keyword(s):  
Due Process ◽  
The United States ◽  
Constitutional Rights ◽  
Economic Rights ◽  
Welfare Rights ◽  
Government Grants ◽  
Procedural Due Process ◽  
Constitutional Right ◽  
1960S And 1970S ◽  
The 1960S

In the 1960s and 1970s, when the judicial rights revolution was in full swing in the United States, poverty lawyers and allied legal scholars urged the courts to add to the expanding catalog of constitutional rights certain social and economic rights—to housing, education, and a minimum decent subsistence. The advocates of welfare rights were not deterred by the absence of pertinent constitutional language. After all, if the Court could find a right to privacy in the “penumbra” of the Bill of Rights, who knew what else might be discovered there? Those efforts to constitutionalize what were historically matters of legislative discretion had only partial success. The Supreme Court did hold that, once government grants certain statutory entitlements such as welfare and disability benefits, the recipients have a constitutional right not to be deprived of those benefits without procedural due process. The Court declined, however, to find that the entitlements themselves were constitutionally required.

scholarly journals The Gifted Judge: An Analysis of the Judicial Career of Robert H. Jackson

1969 ◽  
pp. 880
Author(s):  
Graeme A. Barry
Keyword(s):  
Judicial Review ◽  
Due Process ◽  
Separation Of Powers ◽  
Civil Liberties ◽  
Historical Analysis ◽  
The United States ◽  
Economic Regulation ◽  
International Criminal Tribunals ◽  
Procedural Due Process ◽  
Nuremberg Trials

The author undertakes an historical analysis of the judicial achievements of Robert H. Jackson, Associate Justice of the United States Supreme Court from 1941 until his sudden death in 1954. Justice Jackson's approach to the nature of the judicial function, to judicial review and to the question of extrajudicial activities sheds light on contemporary debate in these areas. Despite being undoubtedly influenced by his place on the "Roosevelt Court," Jackson was a strong individualist, which the author believes accounts for his "maverick" status on the Court Justice Jackson's prominent judicial opinions relating to economic regulation, procedural due process, civil liberties and the separation of powers doctrine reveal how he addressed the inherent tension between judicial review and democracy in the American system of government. The effects of extrajudicial activities are explored with reference to his key role at the Nuremberg Trials, and the appointment of Madam Justice Louise Arbour to serve as Prosecutor for the International Criminal Tribunals.

scholarly journals Harmonization of Arbitration Laws in some Asian and European Countries

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Gauri Nirwal
Keyword(s):  
Public Policy ◽  
International Trade ◽  
Dispute Resolution ◽  
European Countries ◽  
International Arbitration ◽  
The Public ◽  
The World ◽  
Recognition And Enforcement ◽  
Dispute Resolution Mechanism ◽  
The Relationship

The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.

scholarly journals Rights of Due Process in Civil Procedurs of Some Countries in the World an in Vietnam

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Nguyen Van Quan ◽  
Nguyen Bich Thao
Keyword(s):  
Human Rights ◽  
Due Process ◽  
The United States ◽  
Civil Procedure ◽  
United States Constitution ◽  
Legal Science ◽  
The World ◽  
Fact Finding ◽  
The Right ◽  
Procedural Rights

Currently, civil procedure legal science in the world begins to study the application of fair procedural rights. Meanwhile, Vietnamese civil procedure legal science seems to pay attention to the proceedings instead of the procedural rights. In this context, the paper examines the application of rights of due process around the world and in Vietnam. From there, the author suggests a number of appropriate orientations in this area that Vietnam should apply in the near future in order to match the trend in the world and the reality of Vietnam. Keywords: Civil procedure, due process, rights of due process, human rights. References: [1] Rhonda Wasserman, Procedural Due Process: A Reference Guide to the United States Constitution, Greenwood Publishing Group, 2004.[2] E. Thomas Sullivan and Toni M. Massaro, The Arc of Due Process in American Constitutional Law, Oxford University Press, 2013.[3] Khoa Luật Đại học Quốc gia Hà Nội, Giáo trình Luật tố tụng dân sự Việt Nam, NXB. Đại học Quốc gia Hà Nội.[4] European Court of Human Rights (2013), Guide to Article 6: The Right to a Fair Trial (Civil Limb), http://www.echr.coe.int/Documents/Guide_Art_6_ENG.pdf.[5] C.H. Van Rhee & Alan Uzelac (eds.), Truth and Efficiency in Civil Litigation: Fundamental Aspects of Fact-Finding and Evidence-Taking in a Comparative Context, Intersentia, 2012, pp. 5-6.    

scholarly journals The Problem with Forgiving (But Not Entirely Forgetting) the Crimes of Our Nation’s Youth: Exploring the Third Circuit’s Unconstitutional Use of Nonjury Juvenile Adjudication in Armed Career Criminal Sentencing

2005 ◽  
Vol 66 (4) ◽  
Author(s):  
Stephen F. Donahue
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
The United States ◽  
Past Century ◽  
Criminal Proceedings ◽  
Social Compact ◽  
Procedural Due Process ◽  
Due Process Of Law ◽  
Lower Courts ◽  
The Individual

For better or for worse, our Constitution ensures that the basic rights of fair procedure are guaranteed to all American citizens, including those accused of crime, no matter how much society may disapprove of their actions. The United States Supreme Court has expressly provided that “[d]ue process of law is the primary and indispensable foundation of individual freedom” and effectively serves as the “basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise.” Recognizing that the failure to observe fundamental procedural due process guarantees has historically resulted in substantial unfairness to criminal defendants, the Court has worked to establish heightened procedural safeguards in criminal proceedings over the latter half of the past century.6 In this sense, the Court has openly embraced the belief that “the progression of history, and especially the deepening realization of the substance and procedures that justice and the demands of human dignity require” has called for courts to “invest the command of ‘due process of law’ with increasingly greater substance.” Consequently, the Supreme Court has set a clear example that lower courts must move forward “with advancing the conception of human rights in according procedural as well as substantive rights to individuals accused of conflict with the criminal laws.”

A century of Procedural Due Process Guarantees in Constitutions Worldwide

1993 ◽  
Vol 14 (2) ◽  
pp. 3-52
Author(s):  
Alex Inkeles ◽  
Jon C. Hooper
Keyword(s):  
Content Analysis ◽  
Due Process ◽  
Family Education ◽  
Nation States ◽  
Procedural Due Process ◽  
Institutional Structures ◽  
The Family ◽  
The World ◽  
Due Process Rights ◽  
Over Time

We here report the results of a content analysis focussed on the due process rights or guarantees which were provided to citizens under all the national constitutions extant in the world at 20 year intervals during the period from 1870 to 1970. Our study had three objectives. First, we sought to test the assumption that the granting of procedural guarantees by national constitutions was. over time, both being expanded within countries and being diffused worldwide across all countries, thus providing additional examples of the tendency for institutional forms to diffuse around the world and consequently for nation states to converge in their institutional structures and practices, tendencies already observed and documented in other realms such as the family, education, and retirement.

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