Problematic issues of submitting of counterclaims in International centre for settlement of investment disputes

The counterclaim institute is one of crucial legal defense options during the dispute settlement in domestic and international jurisdictions; investment arbitration is not an exception. The most famous dispute settlement platform is International centre for settlement of investment disputes (ICSID). One of the key ideas of establishment of such a dispute settlement instrument was an implementation of autonomous and objective system of Investor-states dispte sttlement (ISDS) by the “independent forum”. While procedural rights of ISDS parties are conceptually equal. However, the concept of equal procedural rights of ISDS parties has not been translated into reality. Notwithstanding the fact that the counterclaim institute is an important instrument of ensuring the objectivity and comprehensiveness of the dispute settlement, tribunal`s approaches are “restrictive” and “cautious”.Taking into account that States are “perpetual respondent” in ICSID, problematic issues of submitting of counterclaims influence the realization of interest of the State in ICSID. Problematic issues of submitting of counterclaims clearly show the imbalance of the exercise of procedural rights by the respondent-state.The article is intended to draw the attention of readers to problematic issues of submitting of counterclaims in ICSID and on the alternative view of the isuue.

Legal safeguard of trademark is in Ukraine at level of national legislation

In this paper theoretical and practical questions are considered in relation to trademarks, the legislative base of institute of intellectual property is Analysed that touches a trade ark exactly, The legislative base of institute of intellectual property is analysed that touches a trade ark exactly, namely by Constitution of Ukraine, Civil Code of Ukraine; Economic to Code of Ukraine; A law of Ukraine is “On the guard of rights on signs for commodities and services”, Law of Ukraine “On protecting from an unfair competition”, Law of Ukraine “About an advertisement”. Drawn conclusion in relation to the legal adjusting of rights that is given by national legal acts and terms of grant of legal safeguard that research is examined in scientific. During consideration of this research a question is considered, that it is exactly necessary it is necessary to bear in a mind at determination of concept trademark, investigational that is grounds for acquisition of legal safeguard on a trademark and outlined that are grounds at confession of trademark invalid. Problems that appear in the field of the legal adjusting of trademark in Ukraine are investigational. The aspects of legal methods of protection of ownership rights are reflected on trademarks, and also the ways of analysis of situation and most optimal methods and effective mechanisms of defence are certain. In detail paid attention during research of functions, that is executed by a trademark and their maintenance that to our opinion has an important value for understanding of features of her legal defense is considered. By the basic functions of trademark certainly: replacement commodity or services among other partial, that are in civil turnover; replacement on the origin of commodity or services; industry on certain of commodity of services; advertising of this commodity of services.

#AbolishNCR: A Qualitative Analysis of Social Media Narratives around the Insanity Defense

This article presents an analysis of social media posts by laypersons regarding a finding of Not Criminally Responsible on Account of Mental Disorder (NCRMD) for Matthew de Grood after a high-profile trial in 2016 in Canada. From trial to verdict, a total of 4,991 tweets relating to the case were harvested from Twitter. Qualitative content analysis of 365 tweets by laypersons revealed three themes – largely equating the insanity defense to a legal loophole: (1) The case exemplified a misappropriation of the legal defense (e.g., due to privilege, due to the seriousness of the offence); (2) The perception existed that the NCRMD defence is a miscarriage of justice; (3) Many comments reflected a search for answers and justice. These embodied the ABCs of NCRMD: advocating, blaming, and clarifying. A need for public education about the forensic psychiatric system is evident; misconceptions about the insanity defence appeared pervasive. Further research could focus on the efficacy of knowledge translation over new media channels, such as Twitter.

Day Laborers

Day laborers are immigrant men who seek daily employment on street corners, often next to home improvement stores and other venues trafficked by contractors and do-it-yourselfers. The combination of a strong construction market and rising undocumented immigration powered the growth of day labor through the 1990s. Although part of the underground economy, day laborers were some of the most visible immigrant workers, standing on the corners in affluent communities to find jobs. Over the next decade, they became the target of legal backlash, with more than forty cities in the greater L.A. area passing anti-solicitation ordinances making it a crime for day laborers to solicit work from the street corner. This chapter examines the coordinated legal and organizing campaign to challenge these ordinances led by the Mexican American Legal Defense and Educational Fund (MALDEF) and the National Day Laborer Organizing Network (NDLON). The campaign challenged local jurisdictions in the greater L.A. area that actively enforced anti-solicitation ordinances. The strategy developed by MALDEF and NDLON focused on organizing day laborers at enforcement hotspots into committees that served as plaintiffs in federal court lawsuits claiming that ordinances violated laborers’ First Amendment right to seek work. The campaign thus adopted a libertarian, rather than an anti-discrimination, legal frame. This frame was used to build precedent toward the end goal of invalidating the most aggressive ordinances: those modeled after Redondo Beach’s pioneering 1987 law banning solicitation in any public right-of-way, including sidewalks. The chapter charts the trajectory of this test-case strategy, which culminated in a seminal 2011 federal appellate court decision striking down Redondo Beach’s ordinance and thereby clearing the way for day laborer solicitation in public space regionwide.

Manipulating the digital asset market: challenges in establishing a criminal legal defense regime

The growth of the digital asset ecosystem has led to the emergence of hundreds of crypto exchanges that facilitate the trade of digital assets. This phenomenon did not remain without the attention of malefactors. Today, we can talk about an independent type of “cryptocurrency exchange crime”. The article analyzes the key criminal trends and formulates the main recommendations for the prevention of criminal encroachments in the cryptocurrency market. At the moment, one of the most common manipulative schemes is “pump and dump”, which became notorious at the turn of the 90s and 2000s. To date, no jurisdiction has created an effective protection regime against such fraud. The authors highlight the main reasons for the low efficiency of the measures taken: the presence of digital assets on the Internet led to the online nature of all stages of manipulations coordinated by anonymous groups in social networks; wide availability and lack of restrictions on the placement of tokens predetermined their regular and widespread placement (as opposed to an IPO); selfish interest of crypto-exchange sites that receive a commission from a transaction. It is emphasized that regulators’ search for a balance between innovation and investor protection is driving the reluctance of many jurisdictions to introduce proper criminal law protection regimes.

FEATURES OF CODIFICATION OF LEGISLATION IN THE FIELD OF DEFENSE OF UKRAINE: ORGANIZATIONAL AND LEGAL ASPECTS

The article analyzes organizational and legal (theoretical and legal, organizational and technical), comparative and applied and terminological and conceptual aspects of codification of legislation in the field of defense of Ukraine, which has important theoretical, legal, practical and applied significance for the effective operation of national defense forces. Security and defense in a special period of conducting a joint operation and on the way to the Euro-Atlantic integration of our country, interoperability with the armed forces of NATO member states are also within the focus of the paper. In order to determine the system-scientific approach to the implementation of this national-strategic task, the subject of which is the regulation of military-legal social relations in the field of defense forces of the security and defense sector of Ukraine, an attempt was made to explore organizational and legal, defense-institutional national features and capabilities, quality and degree of readiness of separate acts (legal norms) of the current legislation in the field of defense to their codification. The legal nature of codification of legislation is established and substantiated; its general and special concept is clarified taking into account existing problems and features of modern process of defense normative-legal regulation, military law enforcement, improvement of nationaldefense and military-legal relations; proposals for process algorithms codification of legislation in the field of defense of Ukraine are formulated.

Addressing Official Misconduct

Currently, the National Registry of Exonerations (NRE) states that official misconduct has been a contributing factor in 1,404 of 2,601 exonerations. The term “official” includes criminal justice professionals such as prosecutors, judicial officials, and law enforcement. Analyzing official misconduct and inadequate legal defense cases in the NRE, the goal of this article is to identify (1) officials who commit misconduct in murder exonerations, (2) types of misconduct conducted, and (3) impact on race of the exoneree. The findings of the study indicated that police and prosecutors committed more acts of misconduct than the number of exonerees included in the study. Additionally, African American exonerees were found to be disproportionately victimized by official misconduct. Policy implications and future research provide insight on how the findings reinforce calls for social justice and police accountability in wake of the killing of George Floyd and the shooting of Jacob Blake.

Harman & Lorandos (2020). Preprint of Allegations of Family Violence in Court: How Parental Alienation Affects Judicial Outcomes

We tested a set of findings reported by Meier (2019) related to the use of parental alienation (PA) as a legal defense in cases in which there are allegations of domestic violence and child abuse. A total of 967 appellate reports in which PA was found or alleged were sequentially selected from a legal database search. Nineteen research assistants blind to the study’s hypotheses coded the reports for the variables used to test six pre-registered hypotheses using a series of logistic and linear regression models. We failed to find any support for the conclusions made by Meier (2019). Parents found (versus alleged) to alienate their children, regardless of their gender, had greater odds of losing parenting time, losing custody of their children, and losing their case. These findings held even when the accusing parent had been found to have been abusive. Losses or decreases in custody were not found when the (alleged) alienated parent was found to have been abusive. Results indicate that the majority of courts carefully weigh allegations of all forms of family violence in their determinations about the best interests of children. These findings, along with several others, raise concerns that the methodological, analytical, and statistical problems we detail about Meier’s report (2019) make her conclusions untrustworthy. Discussion focuses on the importance of using open science practices for transparent and rigorous empirical testing of hypotheses and the dangers of misusing scientific findings to mislead influential professionals who affect the well-being of millions of families.