Bachar describes the Laboratory as being a space for reflection and creation
where justice processes are modeled and redesigned to better meet the needs of individuals.
Not exact matches
Writing recently in the Wall Street Journal on campus rape accusations, Peter Berkowitz asks, «
Where are the professors... who will insist clearly and in public that due
process is a fundamental component of American political institutions and culture... indispensable in a free society to the fair administration of
justice?
I generally agree with the adversarial
process but this situation is
where justice breaks down... no public defenders for civil matters, so if you can't afford an attorney, you just get slammed?
«We are telling politicians instead of our people emigrating why can't we secure a future for our children with a peace
process where our children can live in
justice as other children.»
We have a
justice system for criminal acts in society and a disciplinary
process for players let them both play out and let the chips fall
where they may
If we say Evans isn't allowed to return to his position because of the success and riches it can bring;
where would that thought
process end and what does that say for our whole
justice system in general?
Though the impeachment
process has already been completed and announced, the Chief
Justice at the school court (
where Emmanuel Nana Yaw Amoafo sought redress) has advised congress to give Emmanuel Nana Yaw Amoafo a fair hearing at the next congress sitting.
Formerly served as deputy director of the Democracy Program at the Brennan Center for
Justice at NYU School of Law,
where he worked on election law and campaign finance reform, and published a comprehensive analysis of the legislative
process in the state Legislature.
That court referred the case to the European Court of
Justice, asking it to decide several questions, including what the E.U. law means when it refers to «human embryos,» and whether the ban also covers patents that don't involve embryos directly but
where the use of embryos «is a necessary precondition» for the covered
process or product.
We see it in important initiatives such as iCivics,
where Supreme Court
Justice Emeritus Sandra Day O'Connor has led a national movement to use gaming to teach civics, and the Edward M. Kennedy Institute for the United States Senate,
where simulations are demonstrating how role - playing games can bring the legislative
process to life for kids.
Where many previous conflict resolution programs in schools were adult - led and student - driven, restorative
justice programs elevate student voice by increasing student agency through positioning learners as strategic owners of the entire
process.
Because suspension increases a young person's probability of both dropping out and becoming involved with the criminal
justice system, it is difficult to justify, except in extreme situations
where safety or the educational
process of the school is directly and seriously threatened.
At least that's the assertion offered by U.S. Department of
Justice lawyer Wendy Ertmer, representing the DEA at a federal court hearing Nov. 14 in Bismarck,
where she insisted before U.S. District Judge Daniel Hovland that the agency's «administrative
process» for granting the permits to grow the crop is, in fact, «not futile.»
The vast majority of people, the public, too often characterized as consumers (or prospective consumers) of legal services, don't want to be put in a position
where they need to proceed with adversarial
processes to secure «
justice».
However, in cases
where a failure to give proper disclosure has made a fair trial impossible, or prevented the court from doing
justice, or in instances of a flagrant abuse of
process, a superior court will exercise its inherent jurisdiction — its power to control its own procedure so as to prevent it from being used to achieve injustice — to strike out the case before or during a trial (see for example Raja v Van Hoogstraten and others [2006] EWHC 1315 (Ch) and CPR 3.4 (5)-RRB-.
The views of these philosophers entail a
justice system
where citizens may know their rights and demand their enforcement, through a just
process, in order to access their effective remedy.
Matthew Menendez serves as counsel for the Brennan Center's
Justice Program, where his work focuses on judicial administration and reforming the criminal justice p
Justice Program,
where his work focuses on judicial administration and reforming the criminal
justice p
justice process.
The Ontario Superior Court of
Justice (the «Court») recently indicated that employers may be liable for a breach of the duty of good faith
where they fail to provide due
process to
The leading case is R v Morris, 1998 NSCA 229
where Justice Thomas Cromwell held, at paras. 34 - 5 and 43, that Garofoli does not foreclose a reviewing judge from considering whether the conduct of the police in seeking a warrant was so subversive of the
process that the warrant must be set aside to «protect the
process and the preventive function it serves».
«The impact of such huge fees is not only to restrict access to
justice;
where the appeal
process is unaffordable, the rule of law is also undermined.
Furthermore, those examples
where we do have guidelines, such as the Area of Freedom, Security and
Justice, are of little help when it comes to the unprecedented
process of a member state leaving the EU.
It is responsible for preparing guidelines which set out a decision - making
process which must be followed,
where they exist, by the sentencing court unless it is contrary to the interests of
justice to do so.
R v. Nasogaluak, 2010 SCC 6
where Andrew Lokan and Danny Kastner represented the Canadian Civil Liberties Association at the Supreme Court of Canada and successfully argued that sentence reductions, even below mandatory minimum sentences, ought to be available as a remedy for unconstitutional state conduct in the criminal
justice process.
Secondly, the existence of a statutory
process for challenging the correctness of tax assessments should never be a reason for excluding judicial review on
process grounds, including not only allegations of breach of natural
justice but also cases
where a taxpayer alleges that its legitimate expectations based on dealings with the Department have been frustrated.
Surely, if a judge retains an untramelled discretion to reject a proposed deal on the grounds that it is not in the public interest or interests of
justice then as now for a company deciding whether to report itself, there will be significant uncertainty about
where the
process will lead.
Legal principle must try «to keep the law abreast of the society in which [the judges] live and work»: «If the law should impose upon the
process of «growing up» fixed limits
where nature knows only a continuous
process, the price would be artificiality and a lack of realism in an area
where the law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the courts should establish a principle flexible enough to enable
justice to be achieved by its application to the particular circumstances proved by the evidence placed before them.»
The Ontario Superior Court of
Justice (the «Court») recently indicated that employers may be liable for a breach of the duty of good faith
where they fail to provide due
process to employees when conducting workplace investigations.
Justice Brown asks why there can not be an American Express style «Front of the Line»
process where parties to agree to expedite their matter to trial, for example by agreeing to forgo pre-trial motions.
In this note, I will propose two hearing
processes aimed at improving efficiencies of time and cost, and increasing access to
justice, in cases
where: one or both parties are without counsel; and, all parties are represented.
As Russia has opted out of allowing service by post under the Convention, service is effected by the often painfully slow
process of the English Court sending a request for service to the Russian Ministry of
Justice, which then sends the English proceedings to the relevant court in the area
where the defendant officially resides.
20 (1) An appeal to the Divisional Court shall be heard in the region
where the hearing or other
process that led to the decision appealed from took place, unless the parties agree otherwise or the Chief
Justice of the Superior Court of Justice orders otherwise because it is necessary to do so in the interests of j
Justice of the Superior Court of
Justice orders otherwise because it is necessary to do so in the interests of j
Justice orders otherwise because it is necessary to do so in the interests of
justicejustice.
In allowing the appeal the Court of Appeal accepted that Mr
Justice Soole had correctly considered the three stage
process as set down in Denton v TH White Ltd but that in circumstances
where there had been a breach for no reason and an appeal hearing had been lost, very significant factors were required to tip the scales in favour of granting relief.
Justice Bocock further found that to pierce the veil of solicitor - client agency, at such a late stage in the settlement
process, would: (i) prejudice the Crown, (ii) undermine the reliability of s. 169 (3) and related sections of the Rules for future litigants and (iii) ignore the otherwise more contained and proximate remedies available to a taxpayer
where counsel acts to bind the taxpayer without authorization.
National Jurist also cites Chicago - Kent's
Justice and Technology Practicum, which focuses on document assembly and automation tools; its cloud - based A2J Author software, developed by students to break down complex legal information for self - represented litigants; and the Chicago - Kent Law Lab,
where students use innovative technology and business
processes to solve legal issues.
In the Canadian criminal
justice system, «diversion» (for adults) or «extrajudicial measures» (for young persons) is a
process where police or prosecutors agree to take a course of action that either avoids charges altogether or avoids having charges lead to a finding of guilt.
And I also think as a legal industry unlike other industries
where Artificial Intelligence is more of a threat, you look at transportation and I think there's going to be some real questions there as to what AI and its effects are, but in law, you have the majority of people, who need a lawyer not being able to afford it, and so I think there's this huge leading market and I actually think AI could end up allowing lawyers to do more work being more profitable as a law firm, and I think most importantly, helping further access to
justice in that
process.
He worked side by side with the
Justices where he gained unique insight into the court
process from behind the bench.
The Winkler Institute facilitated a design thinking workshop in Thunder Bay,
where approximately 25 Aboriginal youth were leaders in developing ideas for technology solutions that directly respond to the need to build a
justice system and jury
process that is reflective of Aboriginal experiences and responsive to Aboriginal traditions.
The issue in the story discussed by CTV arose in the context of a personal injury case
where Facebook was specifically discussed during the discovery
process, but the ruling by
Justice David Brown of the Ontario Superior Court of
Justice appears to go beyond the narrow context in... [more]
We are still learning when and
where to adapt the
process to the culture and requirements of the
justice system, and when not to adapt the
process but rather to push for those engaging with it to expand their boundaries.
(Full disclosure: I'm working on a paper discussing
where, institutionally, problem - solving courts fit in the criminal
justice system: they appear to operate at the pre-trial, probation, and parole bits of the
process, and at the misdemeanor / lower - felony end of the scale of sentences).
Justice Lederer at para. 159: «The fact of this application demonstrates that our electoral
process has the necessary checks and that they can work even
where the plurality is as small as 26 votes and the number of impugned ballots is 79.
«As the present proceedings demonstrates, there is conflicting jurisprudence regarding the extent to which a third party can be required to comply with a consultation
process where the Crown indicates to the third party that it views this as appropriate, notwithstanding a statutory right to proceed otherwise,» wrote Superior Court
Justice Herman Wilton - Siegel.
This sort of abridged
process is in fact already widely used in the Ontario Court of
Justice where such trials are known as rule 2 trials or focused hearings.
When the Quebec Civil Code came into force in 1994, replacing the Civil Code of Lower Canada, the Department of
Justice began a
process to review federal law with an eye to harmonizing it with the new code, essentially in areas
where federal law deals with matters that in other respects fall within «property and civil rights within the province.»
«The main benefit we've seen is access to
justice for those with mobility issues, and for those who are outside of easy reach of the courthouses and courtrooms
where they can go to file notices,» Maclaren says, identifying «accessibility and efficiency» — using a
process that takes much less time than a traditional court - based system — as the key advantages to clients.
There could be no doubt about the governing principle or its importance, since the control order regime was not intended to be an alternative to the ordinary
processes of criminal
justice, with all the safeguards they provided for those accused, in cases
where it was feasible to prosecute with a reasonable prospect of success.
In England,
where there was an established church, the established Anglican Church historically did have a right to intervene in certain ways in the criminal
justice process (e.g. the «privilege of clergy»).
This legal
process is designed to protect vulnerable defendants from miscarriages of
justice — for example,
where they can not understand the case against them or follow court proceedings.
She has provided her clinical expertise to diverse populations, which included serving as a contract psychologist at Shaw Air Force Base, supervising psychologist for the Midlands Evaluation Center of the Department of Juvenile
Justice, and chief psychologist at the SC Department of Probation, Pardon, & Parole,
where she streamlined the psychological assessment aspect of the pre-employment screening
process and developed a Fitness for Duty policy for the agency.