The Exit Theory of Judicial Appraisal

2021 ◽  
Author(s):  
William J. Carney ◽  
Keith Sharfman
Keyword(s):  
Judicial Appraisal

Merger Negotiations in the Shadow of Judicial Appraisal

2017 ◽  
Author(s):  
Audra L. Boone ◽  
Brian J. Broughman ◽  
Antonio J. Macias
Keyword(s):  
Judicial Appraisal

Merger Negotiations in the Shadow of Judicial Appraisal

2019 ◽  
Vol 62 (2) ◽  
pp. 281-319
Author(s):  
Audra Boone ◽  
Brian Broughman ◽  
Antonio J. Macias
Keyword(s):  
Judicial Appraisal

scholarly journals A JUDICIAL APPRAISAL ON THE BEST INTEREST OF THE CHILD STANDARD WITH REGARD TO CUSTODY AND ACCESS DECISIONS ON DIVORCE: A CONSTITUTIONAL DEVELOPMENTAL IMPRINT

2017 ◽  
Vol 11 (2) ◽  
pp. 2401-2414
Author(s):  
Dr Nico P Swartz
Keyword(s):  
South African ◽  
Common Law ◽  
Best Interests ◽  
Court Decisions ◽  
Practical Application ◽  
Best Interest ◽  
Judicial Appraisal ◽  
Custody And Access

This paper does not cover all aspects of court decisions about the interests of the child. It is confined to only the best interest of the child with regard to custody decisions on divorce in Botswana jurisdictions with an imprint of South African law dynamics. Everyone that is involved in the operation of an understanding of the child’s situation will benefit from what is going to be discussed in this paper. This study, however, actuates much more research into the questions of the best interests of the child. The research purports the acquisition of knowledge necessary to map out the best interests of the child standard. It does so by stressing the obsolete nature and dysfunctional practice of relics of Roman-Dutch and English common law. The study paves a new direction for determination purposes of the best interests of the child in line with constitutional imperatives or values. The research drawn the theoretical modalities from other jurisdictions, but in its practical application it resort to the Botswana judicature. Case laws of Botswana in which a constitutional imprint could be detected are, for example, Ndlovu v Macheme and Mokoti v Okatswa to name but a few. The stage is set firmly now for the protection and upholding of the best interests of the child along constitutional lines.

Definition of an Environmental Right in a Human Rights Context

1995 ◽  
Vol 13 (1) ◽  
pp. 25-40 ◽  
Author(s):  
Philippe Cullet
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Problems ◽  
Theoretical Background ◽  
Judicial Appraisal ◽  
Definition Of ◽  
The Right ◽  
Procedural Rights

This article examines the theoretical background of a right to environment, its contents and the different ways to achieve implementation of the norm. Environmental protection is first ascertained as a universal concern which warrants consideration within a human rights context. Innovative features of the right such as the emphasis on prevention and on the principle of solidarity deriving from the internationalization of environmental problems are then examined. Further, some implementation mechanisms such as procedural rights developed at the same time in environmental and human rights instruments or the judicial appraisal of environmental protection in the context of enforceable human rights are highlighted.

scholarly journals A Kratt as an Administrative Body: Algorithmic Decisions and Principles of Administrative Law

2020 ◽  
Vol 29 ◽  
pp. 47-61
Author(s):  
Ivo Pilving ◽  
Monika Mikiver
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Training Data ◽  
Judicial Control ◽  
Learning Capacity ◽  
Data Analyst ◽  
Negative Side Effects ◽  
Judicial Appraisal ◽  
Logic Operations ◽  
Artificial Intelligence Systems

Estonia, as the number-one-ranked country in Europe for the digital public services dimension of the Digital Economy and Society Index, aims at widespread adoption of artificial-intelligence systems to assist or even replace officials in public administration. It is expected that there will be 50 artificial-intelligence applications operating in Estonian public administration by the end of 2020. The machine learning capacity that is often intrinsic in artificial intelligence systems means, in practice, that even the data analyst or programmer who wrote the respective code is later no longer able to explain the parameters behind the decisions. If the state allows a so-called black box to make administrative decisions, further constitutional issues will arise in addition to that of judicial control of such a decision. An administrative decision presumes the implementation of legislation. Owing to the vagueness of the law, a judicial appraisal does not merely involve formal-logic operations, as laws and regulations require interpretation and the consideration of the facts. This is particularly important in making discretionary decisions. Interpretation and consideration must not be limited to the predictions made on the basis of earlier, similar cases by means of statistical methods. It is not rare that a decision on applying a standard needs to be made also in a situation that the legislator has been unable to foresee and for which there is no requisite pattern emerging in the training data fed to an algorithm. The article examines the related principles arising from the Constitution, and one of the conclusions drawn from these is that for factually or legally complex decisions, the weight of the decision must be borne by humans, at least until much more powerful artificial intelligence is developed. However, with the help of learning algorithms individual components and elements of such decisions can be taken. Full automation remains an option in cases of routine administrative decisions that are advantageous for the person(s) concerned and that lack negative side effects for them, as well in cases where all relevant factual circumstances are comprehensible to an algorithm as such and transparent.

scholarly journals Analyses of Medical Malpractice in Judicial Appraisal: 505 Cases

2015 ◽  
Vol 1 (1) ◽  
pp. 21 ◽  
Author(s):  
Tiantong Yang ◽  
Meng You ◽  
Haidong Zhang ◽  
Fengqin Zhang ◽  
Li Yuan ◽  
...  
Keyword(s):  
Medical Malpractice ◽  
Judicial Appraisal
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