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The ambit of the Network Community

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0002
Subject:
Law, Legal Profession and Ethics

This chapter explores the Network Community’s historical antecedents and presents an inventory of its membership and other key resources arisen from networking and constituting the basis of their ... More


Introduction: Argument and methods

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0001
Subject:
Law, Legal Profession and Ethics

This chapter defines the monograph's scope of inquiry – to elucidate the origins of Judiciary branch institutions in the newly democratizing countries of Central and Eastern Europe – and sets out its ... More


Them and us: the divide between court users and professionals

Jessica Jacobson, Gillian Hunter, and Amy Kirby

in Inside Crown Court: Personal experiences and questions of legitimacy

Published in print:
2015
Published Online:
September 2015
ISBN:
9781447317050
eISBN:
9781447309901
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447317050.003.0004
Subject:
Sociology, Law, Crime and Deviance

This chapter argues that the main divide in the courtroom is not between prosecution and defence, or between defendant and victim, but between the lay court users and the legal professionals. This ... More


The European Court of Justice 1

Arman Sarvarian

in Professional Ethics at the International Bar

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199679461
eISBN:
9780191758522
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679461.003.0006
Subject:
Law, Legal Profession and Ethics, Public International Law

This chapter examines the procedure and practice of advocacy before the European Court of Justice and General Court of the European Union. In tracing the historical development of advocacy before the ... More


The Intended and Unintended Consequences of the 1898 Bankruptcy Act

Mary Eschelbach Hansen and Bradley A. Hansen

in Bankrupt in America: A History of Debtors, Their Creditors, and the Law in the Twentieth Century

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226679563
eISBN:
9780226679730
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226679730.003.0002
Subject:
Economics and Finance, Economic History

Chapter 2 examines the origins and consequences of the 1898 Bankruptcy Act. The authors of the law were business owners who wanted an efficient procedure to deal with the failure of other businesses. ... More


Investigatory Powers

Peter Alldridge

in Criminal Justice and Taxation

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198755838
eISBN:
9780191816963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755838.003.0006
Subject:
Law, Criminal Law and Criminology, Law of Obligations

The chapter considers to what extent tax investigations are like, and how they are unlike, police investigations. It examines the powers available to HMRC in the investigation of evasion offences. ... More


Interpreting District Court proceedings for non-Irish defendants

Kate Waterhouse

in Ireland's District Court: Language, immigration and consequences for justice

Published in print:
2014
Published Online:
January 2015
ISBN:
9780719095276
eISBN:
9781781707548
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719095276.003.0005
Subject:
Sociology, Law, Crime and Deviance

Based on a research study involving observation of over 370 LEP cases and detailed interviews with interpreters and legal professionals, chapter 4 looks at the operation of the District Court in ... More


The Jurisdiction and Jurisprudence of Shariʿa Courts

R. Michael Feener

in Shariʿa and Social Engineering: The Implementation of Islamic Law in Contemporary Aceh, Indonesia

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199678846
eISBN:
9780191758072
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678846.003.0006
Subject:
Law, Comparative Law

This chapter traces the developments of Islamic religious courts in Aceh. In addition to a discussion of the jurisprudence of the courts in their actual handling of both family law and penal cases, ... More


Mexico

Andrew Boutros

in From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190232399
eISBN:
9780190232412
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190232399.003.0012
Subject:
Law, Criminal Law and Criminology, Company and Commercial Law

There have been significant changes to Mexican law recently that have provided prosecutors updated and enhanced tools to combat corruption. In May 2015, the Mexican Congress and the states approved a ... More


The case of the immigrant: dynamics and discourse

Kate Waterhouse

in Ireland's District Court: Language, immigration and consequences for justice

Published in print:
2014
Published Online:
January 2015
ISBN:
9780719095276
eISBN:
9781781707548
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719095276.003.0006
Subject:
Sociology, Law, Crime and Deviance

Also based on a research study involving observation of over 370 LEP cases and detailed interviews with interpreters and legal professionals, chapter 5 describes in detail how interpreting has been ... More


Exempt Information

John MacDonald and Ross Crail (eds)

in Macdonald on the Law of Freedom of Information: Third Edition

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198724452
eISBN:
9780191927478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198724452.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

It should come as no surprise that legislation providing for the disclosure of information as a ‘right’ contains extensive exempting provisions. Some of the exemptions are absolute, protecting a ... More


Sanction

Kenneth Hamer

in Professional Conduct Casebook: Third Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198817246
eISBN:
9780191932212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817246.003.0073
Subject:
Law, Legal Profession and Ethics

Examples of the power to make a direction on sanction against a practitioner following a finding of impairment or that an allegation is proved.


Striking Off

Kenneth Hamer

in Professional Conduct Casebook: Third Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198817246
eISBN:
9780191932212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817246.003.0077
Subject:
Law, Legal Profession and Ethics

Examples of the legislation are set out in Chapter 73, Sanction, Section A, Legal Framework. Striking off, erasure, or removal of a practitioner from the register is reserved for the most serious ... More


Dishonesty (Sanction)

Kenneth Hamer

in Professional Conduct Casebook: Third Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198817246
eISBN:
9780191932212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817246.003.0022
Subject:
Law, Legal Profession and Ethics

The Solicitors Disciplinary Tribunal (SDT) found that he had not stolen clients’ monies and that his actions were not dishonest. However, it found that B’s conduct in paying away monies belonging ... More


Suspension

Kenneth Hamer

in Professional Conduct Casebook: Third Edition

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198817246
eISBN:
9780191932212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817246.003.0078
Subject:
Law, Legal Profession and Ethics

Most regulators’ provisions provide that if the fitness to practise of the registrant is found to be impaired, then the tribunal or committee may give a direction that the entry in the register of ... More


Article 48 CFR

Tobias Lock

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.572
Subject:
Law, EU Law

Article 48 CFR contains important (criminal) procedural guarantees. It reflects the rights contained in Article 6(2) and (3) ECHR. By virtue of Article 52 (3) CFR its meaning and scope are thus the ... More


Investigation

Hamish Anderson

in The Framework of Corporate Insolvency Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198805311
eISBN:
9780191927942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805311.003.0016
Subject:
Law, Company and Commercial Law

An office-holder cannot discharge his functions without a full understanding of the affairs, business, and property of the company. However, a significant prior professional relationship is ... More


Evidence Gathering

James Ayliffe

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0029
Subject:
Law, Company and Commercial Law

The Insolvency Act 1986 recognizes that an office holder, as a stranger to the affairs of the debtor, may encounter problems in trying to unravel the debtor’s past dealings, something which can be ... More


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