Sentences with phrase «traditional legal systems in»

Prof. Singer joined the University of Alabama Law School in 1971 and in 1975 received the SJD from Harvard, with an anthropological / legal dissertation on traditional legal systems in Ethiopia.

Many non-governmental organisations here and abroad have realized the overwhelming inefficiency of the existing traditional legal system in the countries in which they are based.

Not exact matches

We are no longer limited by the geographical boundaries that once existed and the other traditional advantages of operating in Australia such as having a safe economy and good legal system continue to be eroded as other countries increase their own standards in these areas or ours begins to deteriorate.

It is certainly possible to argue that the traditional process leading up to canonisation — essentially a prolonged legal process which could and often did take centuries to complete — was in some ways superior to the more streamlined system now in use.

He decried the disregard for the traditional institution and the failure of the legal system over the years, saying that the situation had encouraged impunity, religious intolerance and massive abuse of drugs leading to insecurity in many parts of the country.

As you well know, the court system is not our traditional means of resolving disputes in Africa; it is arbitration and it is recognised even in our legal system.

While this is a step in the right direction, there is great reluctance on behalf of law students, as well as present and future legal professionals on whether this alternate route to articling will create a two - tier system; where those who choose the LPP route are assumed to have failed at attaining articles the traditional way and those who do it, do so out of necessity.

The move also suggests that if «traditional» law firms don't accelerate their adoption of AI systems, such as document review in this case, then other providers already skilled in project management and process level work will deliver AI - augmented legal services to corporates instead.

They expect to find similar transformation in their legal services and are no longer willing to fund traditional delivery models.,» said Sherry Askin, President of OMNI Software Systems.

This one - tier partnership and «up - or - out» system began eroding in the 1980s as the increasingly competitive legal marketplace required new approaches to the traditional partnership system.

Incorporation of foreign and international rules and principles will require skills of synthesis and distinguishing that are distinct from traditional domestic legal reasoning, and they may require appreciation of important differences in foreign / international legal, political, or perhaps even cultural context.63 International legal rules often play a complex role in domestic law, presenting issues of interpretation and enforceability that do not easily fit within traditional domestic United States legislative, administrative, and judicial legal structures.64 Integration or application of rules from foreign nations may be even more complex, especially where those systems are substantially different from our own.65 Additionally, there may be discrepancies between the form and function of foreign or international law that affect their proper application.

There is an opt - out provision which theoretically allows a dissatisfied claimant to seek legal redress in the traditional court system, instead of Vaccine Court, but it is used infrequently.

But changes in consumer technology adoption, business technology systems, legal industry demographics, consumer demographics, and the underlying global economy will, in the next 10 years, disrupt even the most «traditional» law firms.

The problem is simply stated as follows: Develop a principled approach to reconcile traditional accounts of the rule of law with the modern reality that administrative agencies and statutory tribunals who do not operate like or resemble the ordinary courts but who nevertheless occupy a large amount of space in our legal system and can not avoid making legal determinations in exercising their statutory duties which often implicate individual rights and interests to a greater extent than judicial decisions.

Crispin Passmore, Executive Director, Solicitors Regulation Authority (in book): Passmore explains how the SRA inherited a «traditional and old - fashioned» regulatory system driven by the needs of the legal profession, and the SRA's ongoing journey to transform the system to one focused on consumers of legal services.

Avvo, which launched in 2006, has become the most heavily trafficked legal directory — offering a modern take on the traditional lawyer listing with a host of additional features, such as online reviews, question and answers, and a proprietary scoring system.

FIJA executive director Kirsten Tynan will speak about the juror's traditional, legal authority to conscientiously acquit through jury nullification and about the impact of various changes to the jury system on its role in protecting individual rights.

Ultimately, Ripple does not provide a cryptographic solution to the trust problem, and keeping fraudulent gateways under control will have to be done by more traditional mechanisms instead — clear, industry standard, expectations on gateways» security, in a similar spirit to all major Bitcoin exchanges» policy of keeping over 80 % of customer funds stored in an offline location where there is no way to access them without manual assistance, and outright fraud will have to be met with the help of the good old - fashioned legal system.

According to Sohu, Qian stated in a discussion that «the issue of legal digital currency is of great significance» for China, and spoke about the necessity for traditional financial system stakeholders to set a strategy for blockchain technology.

Capacity building is about ensuring that native title parties can participate in a system which has been devised by the non-Indigenous legal and political system and which seeks to give recognition to Indigenous people's traditional laws and customs.

The consultations reinforced the perception that limitations on the full recognition of traditional law and custom exist in the legal system.

While traditional law in Northern Australia recognises an exclusive right of access to particular areas of sea country by its owners, the High Court denied recognition of this right on the basis that it was inconsistent with two fundamental tenets of the non-Indigenous legal system: the right of innocent passage and the public right to fish.

Where native title, if interpreted consistently with its origins in traditional law and custom, may have been the basis of economic development for the Indigenous owners of the Croker Island region, it is now rendered unproductive by its construction in the legal system.

However, the current legal system operates in such a way that if the strict, technical legal requirements of native title are not met, there is nothing to ensure that Traditional Owners rights are formally recognised.

The extent of recognition and protection, as confirmed by the High Court in Western Australia v Ward [13], is restricted by the ability for native title applicants to prove a continued system of traditional law and custom, and in considering extinguishment, an examination of the intention of any conflicting legislation or any inconsistency in the nature of legal interests conferred by statute.

As indicated in my discussion of State and Territory policies (96) a preference for negotiation over litigation provides an invaluable opportunity for governments and traditional owner groups to ensure that native title agreements respond to policies directed to the economic and social development of the native title claim group rather than to the demands of the legal system.

This is because, as part of this commitment, the government supports the establishment by the Aboriginal Legal Rights Movement (ALRM) of a system of participation which ensures that traditional owner groups have an opportunity not only to directly negotiate their claim, but also to assist in the formulation of the government policy which directs these negotiations.

The other major cost associated with translating traditional laws and customs into the non-Indigenous legal system, for which there is insufficient account in the NTRB budget, is the cost of proving the connection of the claimants to the original inhabitants and their laws and traditions.

In relation to governments in particular it is important that their focus on the legal system give way to more effective policy strategies for improving traditional owners» social and economic wellbeinIn relation to governments in particular it is important that their focus on the legal system give way to more effective policy strategies for improving traditional owners» social and economic wellbeinin particular it is important that their focus on the legal system give way to more effective policy strategies for improving traditional owners» social and economic wellbeing.

The relationship between the Indigenous and non-Indigenous legal systems was conceived in the Fejo decision [66] as «an intersection of traditional laws and customs with the common law».

The decision of the Full Federal Court in the Croker Island case is analysed in the Report as an example of how the legal system imposes severe limitations on the recognition of traditional fishing rights and the spiritual connections that exist between the Indigenous native title groups and the sea.

[98] While the notion of sovereignty relied on by the Court prevents the recognition of Indigenous legal systems and their law - making capacity after the acquisition of sovereignty, claimants nevertheless have to show in s223 (1)(a) that the rights and interests which are capable of recognition are possessed under traditional laws acknowledged and traditional customs observed by them.

[31] In chapter 5 of this report I discuss in greater detail the way in which the Australian legal system gives recognition to traditional Indigenous laws and customs and suggest alternative approaches consistent with Australia's human rights obligationIn chapter 5 of this report I discuss in greater detail the way in which the Australian legal system gives recognition to traditional Indigenous laws and customs and suggest alternative approaches consistent with Australia's human rights obligationin greater detail the way in which the Australian legal system gives recognition to traditional Indigenous laws and customs and suggest alternative approaches consistent with Australia's human rights obligationin which the Australian legal system gives recognition to traditional Indigenous laws and customs and suggest alternative approaches consistent with Australia's human rights obligations.

This systems view has gradually replaced the traditional linear view of causality and it is particularly appropriate and useful in understanding the divorce process and the dynamics in child custody disputes, when escalation of the family system's dysfunction by the legal system's procedures is all too often the case the disputing families.

In addition, mediation was viewed as more empowering and more likely to result in better adjustment of adults and children to the divorce than was likely to occur in the traditional legal systeIn addition, mediation was viewed as more empowering and more likely to result in better adjustment of adults and children to the divorce than was likely to occur in the traditional legal systein better adjustment of adults and children to the divorce than was likely to occur in the traditional legal systein the traditional legal system.

Strategies: Ensure adequate standards of legal representation; recognising traditional law; implementing strategies from Aboriginal Deaths in Custody Royal Commission; coordinated presence of increased Indigenous employees in justice systems.

The applicants sought the Federal Court to consider whether communal title in traditional ritual knowledge, as expressed through artwork, could be recognised and protected by the Australian legal system as an incidence of native title, and alternatively whether a fiduciary obligation could be found to be owed by the artist back to the community and whether the common law is capable of recognising some form of traditional community ownership of copyright in equity.

This is due in part to the intervention of the formal legal system through removal from country, historical lack of recognition of traditional rights to country and non-recognition of customary law processes as an integral component of the operation of Aboriginal families and societies in the Northern Territory.

As a founder of our local collaborative practice group and a matrimonial attorney since the early 1980's, I regard collaborative practice as the answer to my dreams of a better way for handling matrimonial cases, and also a tacit acknowledgement that our traditional legal system has left much to be desired in the way of accommodating the real world of emotions and personal needs of divorcing people.

I welcome this amendment, which addresses some of the limitations of the western legal system in taking into account the oral nature of Aboriginal and Torres Strait Islander traditional law and custom.