Schaffer v. Weast’s Effects on California Special Education Hearing Decisions

This research examined the associations between Schaffer v. Weast (2005) and special education due process hearing decisions in California. Using a database we coded from the state’s due process hearings for cases which reached a decision (years 1995–2019), this study analyzed (1) how legal representation and the filing party affected the probability of the student fully or partially prevailing in these cases, and (2) how Schaffer affected student representation and the prevailing party before and after this ruling. The results indicate that while students were statistically as likely to be plaintiffs and/or represented by an attorney before and after the 2005 time break in the study, the decision raised the bar for students as the likelihood of favorable outcomes for students fell significantly in the wake of the ruling.

Extinctive Prescription, a Means of Extinguishing the Substantive Right of Action and the Forfeiture of the Right to Invoke it

This article falls both within the provisions of the Civil Code relating to extinctive prescription, its notion and object, the effects of prescription, and, inseparably, within the provisions of the Code of Civil Procedure because this institution entails the forfeiture of the right to bring a civil action, which produces serious legal effects for the holder of the right of action because, once invoked and applied, it leads to the loss of the civil subjective right itself. The purpose of the article is to present the general legal rule governing this institution and to highlight the procedural aspects that practitioners must take into account in the activity of legal representation.

Confession to Make: Inadvertent Confessions and Admissions in United Kingdom and United States Police Contexts

Previous studies have addressed many different kinds of confessions in police investigations – real, false, coerced, fabricated – and highlighted both psychological and social mechanisms that underlie them. Here, we focus on inadvertent confessions and admissions, which occur when a suspect appears to be confessing without being fully aware of doing so, or when police officers believe they have a confession or admission of guilt when in fact this is not the case. The goal of the study is to explain when, how and why these confessions and admissions occur as well as how they are dealt with in two different jurisdictions, the United States and the United Kingdom. We use a discourse analysis approach because inadvertent confessions and admissions of guilt are the product of miscommunication – they happen because the speaker’s meaning and the hearer’s meaning are misaligned. The data consist of 50 interviews from the United Kingdom and 50 interrogations from the United States with both English-speaking and non-English speaking suspects. Our results demonstrate that inadvertent confessions can occur in both locales due to reliance on inference, which is inevitable since inference is the backbone of any human communication, as well as due to additional factors such as linguistic, cultural and procedural issues. We found that these phenomena are more frequent and less well controlled for in the United States context due to (a) no systematic checking of understanding, (b) adversarial questioning techniques and an absence of legal representation, and (c) lack of professional, high-quality interpreting. We discuss the implications of our findings for current efforts to improve access to justice, custodial procedures and language services, and we make recommendations for the implementation of our research in professional practice.

DRŽAVNO PRAVOBRANILAŠTVO – POLOŽAJ, ORGANIZACIJA I NADLEŽNOST

The State Attorney's Office of the Republic of Serbia was established by the Law on the Attorney General's Office as a state body whose competence is reflected in the performance of the attorney's office function. It represents one segment of the executive function of the state government, which consists in the realization and protection of property rights and interests of the state, through legal representation and counseling of the Republic of Serbia, ie its bodies and organizations. The law leaves the possibility of determining the Attorney General's Office by a sub-legal general act at the level of autonomous provinces, as well as local self-government units. It regulates in detail other key issues such as organization, competencies, control that will be the subject of analysis in future work. The study of the origin and development of this institution pointed out the great importance that belonged to it through time and different state systems. Inspired by the role it played in the state of Serbia, the author devoted himself to interpreting some aspects of this topic.

Procedural Rights Supporting Expeditious Trials for Juveniles

Delays pending trials can negatively impact juveniles. Encouragingly, the right of juvenile defendants to be tried within a reasonable time has been enshrined in international and regional human rights instruments. To support and strengthen the realisation of this specific right, several additional procedural entitlements, to which existing scholarship has paid limited attention, are of importance. This article focuses on how the rights to an effective remedy and legal representation can support the fulfilment of expeditious trials for juveniles. Furthermore, it analyses to what extent these two identified rights have been incorporated into significant international human rights standards and, specifically, in the Cambodian, Philippine and Vietnamese legislative frameworks. It identifies lessons Cambodia can draw from the latter two countries.

Transition of Pharmaceutical Regulations: The New Regulatory Era after Brexit

Aims: The current research paper describes the regulatory changes in different pharmaceutical sectors, which are affected after the Brexit and build new guidelines that were derived from the Medicines and Healthcare Products Regulatory Agency (MHRA). Study Design: Retrospective and concurrent review were employed to get idea regarding the regulatory changes in various pharmaceutical sectors that took place after dissimilation of Europe and Britain. Place and Duration of Study: The present study was carried out at Amneal Pharmaceutical Ltd., from January 2021 to April 2021. Methodology: On January 1, 2021, the MHRA had published a library of new guidance that applied as the transition period came to an end. This guidance covers the various sectors of pharmaceuticals like Clinical trials, medical devices, Importing and Exporting of pharmaceuticals, Legislation, New licensing, Pharmacovigilance and Pediatrics, which are affected due to Brexit. Results: The MHRA laid out the future BRITAIN requirements for registering clinical trials, legal representation and importing Investigational Medicinal Products (IMPs) after the end of the Brexit, Pediatric Investigation Plan (PIP) must be included in an application for BRITAIN marketing authorization (MA). Change in Licensing procedure and the Innovative licensing and access Pathway (ILAP) provides opportunities for enhanced regulatory and other stakeholder input, including interactions with National Institute for Health and Care Excellence. Early Access to Medicines Scheme (NICE.EAMS) providing access to unlicensed, promising treatments to patients who have life threatening or rare disease indications. Conclusion: To ensure the new approach builds on our previous success and exploits the opportunities that arise from Brexit, the industrial strategy should adopt a sophisticated supply chain view to develop an empirical base for pragmatic, joined up policies to help pharmaceutical sector grow. These policies and support will drive the BRITAIN’s pharmaceutical sector in a Post-Brexit era.

Litigation FundingPractical Aspects

The absence of funding for legal representation is a major barrier to justice for victims seeking to hold corporations to account for human rights abuses. Litigation funders, which primarily invest in commercial litigation, are increasingly interested in funding large-scale multinational litigation. However, the level of their interest is a function of the magnitude of the potential return on the funder’s investment, the prospects of success and recoverability of damages, the legitimacy of the funding arrangements, and the funder’s confidence in the legal system of the country in question, as well as the magnitude of any adverse costs liability for which the funder might be liable. Susan Dunn and Felix Curtis outline the basic principles of litigation funding (where permitted); how it works; the considerations a funder will make to evaluate the viability of an investment in a multinational human rights or environmental case; and important variations in litigation funding rules in different countries.