The Brazilian Federal Supreme Court and the Normalisation of Barbarity

This paper aims to explain the legal-political vocabulary that informs the decisions of the Brazilian Supreme Court on prison issues, giving prominence to the dimensions of race, gender, class and sexuality. In particular, it seeks to show the role of judicial action in the reproduction of black genocide, with significant implications for women, and how the Supreme Court acts as an authority over the barbarism installed in the criminal justice system. This article was originally published in Portuguese by the Brazilian journal Revista Direito e Praxis available at https://www.e-publicacoes.uerj.br/index.php/revistaceaju/article/view/50270 DOI: 10.1590/2179-8966/2020/50270

Mediation in Criminal Misdemeanor Cases

Diversion of criminal misdemeanors to mediation by district attorneys has been practiced since the 1970s, but research on its impact on critical outcomes like recidivism is scant and outdated. This quasi-experimental study compares 78 mediated cases from a county that diverts cases to mediation with 128 cases in a similar neighboring county that does not, using phone surveys and case review to ask whether recidivism in mediated cases differs from cases prosecuted or treated as usual over the subsequent year. Controlling for case factors and attitudes toward conflict, a case that is not mediated was five times more likely to result in judicial action, five times more likely to result in jury trial demand, and ten times more likely to result in supervised probation or jail time, and mediated cases were almost five times less likely to return to criminal court in the subsequent year than those that were not mediated.

Bolivia’s opposition may struggle to gain traction

Significance The response has been patchy, with protests most evident in Santa Cruz. Opponents of the ruling Movement towards Socialism (MAS) have long had difficulties in achieving common cause and in building a broad social and geographical coalition. Impacts Opposition-controlled social movements lack the force to challenge the government seriously. The government will exploit the divisions between its opponents with some success. The government will retain much of the legitimacy it won in the 2020 elections. Threats of judicial action against Camacho would exacerbate tensions between La Paz and Santa Cruz.

JUDICIAL EXPROPRIATION IN INTERNATIONAL INVESTMENT LAW

This article examines the notion of judicial takings in international law and its reflection in the practice of investment tribunals. It takes stock of the already significant body of arbitral jurisprudence dealing with expropriation claims grounded in, or relating to, the acts or omissions of courts, with a view to developing a coherent theory of judicial expropriations. It is suggested that, due to the courts’ specific role in the determination of the underlying proprietary rights that are the very object of international legal protection, judicial measures warrant different conceptual treatment from measures by other State organs. Traditional approaches to expropriation analysis do not take this sufficiently into account and therefore do not provide adequate tools for distinguishing legitimate judicial measures from undue interferences with investors’ rights. It is argued that a sui generis approach is hence needed: where proprietary rights are primarily affected by the impugned judicial action, it is first necessary to determine whether such action is itself wrongful under international law, for only then can it be treated as an act of expropriation. However, the proper analytical approach will ultimately depend on the circumstances of each case and traditional approaches, such as the sole effects doctrine, may still be appropriate where the judicial injury actually flows from wrongful legislative or executive conduct.

The Bleep Heard round the World

No period during Watergate moved as quickly as mid-1974. In May, judicial action forced President Nixon to release damaging transcripts of private taped conversations. By July, the US Supreme Court ruled unanimously that Nixon must release the actual recordings, which was followed by the House Judiciary Committee passing the first three articles of impeachment with the charge of obstruction of justice. The content of the tapes proved the smoking gun to many because of conversations the president had within a week of the initial Watergate break-in, exposing how early he knew about it. Like Republicans on the Judiciary Committee who changed their vote as a result of the tapes, conservatives joined liberals within Protestantism to now condemn the president, though they continued to differ about their theological outlooks.

Selectively Assertive: Interventions of India’s Supreme Court to Enforce Environmental Laws

We examine why India’s Supreme Court has selectively intervened to enforce environmental laws. While the Indian Judiciary has substantial political insulation, judges recognize the need for tactical balancing to preserve the legitimacy of their institution. We examine four cases: judicial interventions to check water pollution from tanneries and to phase out diesel engines, and judicial non-intervention to prevent degradation of wetlands and to check crop burning in states adjacent to Delhi. We suggest that judges intervened to correct enforcement failure when they do not anticipate pushback from organized constituencies. Where judicial action imposes costs on a large number of actors and motivates protests from organized groups, the justices have tended to overlook enforcement failures. In sum, in spite of political insulation, judges remain attentive to the popular mood and interest-group politics.

International Commercial Arbitration and the Possible Application Thereof in Iraq

International commercial arbitration is a special judicial system based primarily on an agreement, be it an arbitration clause or an arbitration agreement (compromise), between parties to a dispute. It is therefore a system aiming at settling commercial disputes by submitting them to a single arbitrator, or an arbitral panel, or an arbitral tribunal (e. g. , the International Court of Arbitration). It is therefore also a means for settling an existing or future dispute that entails refraining from resorting to the competent judiciary. It is also an extra – judicial action aiming at establishing justice between people. The aim of arbitration is to bring justice to parties in conflict, but it is also designed to preserve peace among them, by providing solutions that are deemed satisfactory by each party, and through direct confrontation. It is a technical means for peaceful cooperation between countries with different systems. Resorting to international commercial arbitration is intended to solve a dispute based on a desire for reconciliation, to thereby avoid private retribution, without waiving the protection of the law, although it does entail waiver of state judges’ jurisdiction to rule over the dispute, since the parties choose their own judge. This type of Arbitration is called “international” if it relates to international commercial interests. Arbitration is also used in other areas, e. g. , personal status and tribal arbitration in Iraq. However, our study concentrates on international commercial arbitration and the possible application thereof in Iraq.

Sabhara Kudus Police Unit Effort In Combating Adulterated Liquor In Kudus District

The issues of law enforcement in combating adulterated liquor in the Kudus Police Region, There are two (2) ways circulation of liquor law enforcement carried out by the Sabhara Kudus Police unit, namely preventive and repressive. As for preventive measures carried out where possible and still their awareness to obey the law. While repressive action is action taken if preventive measures are not effective, so that the people carrying out the law though involuntarily. While the police in law enforcement there are (two) action that is persuasive and repressive action which has its own purpose.Constraints faced by the Sabhara Kudus Police Unit in combating adulterated liquois related to the limited number of Members of the unit Sabhara Police at the sanctuary that is generally still not satisfactory, not maximum, and uneven steps socialization PERDA (Regional Regulation) conducted at the societal level, so far not uncommon understanding less precise with regard to the procedures or systems at the time of preparation until the determination of regulation efforts Sabhara Police Unit in combating Kudus adulterated liquor in the Kudus Police Region. Effort or attempt Sabhara Police Unit of the Kudus in minimizing the violation is by way of non-judicial and pro justicia. Non-judicial action is accomplished by providing guidance, exhort or guide in order not to repeat the mistakes that have been made that violates local laws. If this action is less provide a deterrent effect and the parties related to underestimate, then the action pro justicia, the actions of pro justicia is taken when actions coaching or non judicial considered insufficient because only given guidance only, then Sabhara Kudus Police Unit may soon crack down and will be brought to trial and be subjected to probation.Keywords: Sabhara Kudus Police Unit ; �Adulterated liquor.