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Developing outcome measures for the assessment of quality and competence of firms involved in legal aid work
No full textThis paper reviews research work carried out and reported in papers presented to the (then) Legal Aid Board between 1996 and 1997. This work considered the efficacy of developing outcomes measures assessment for firms involved in legal aid work by looking at each principle subject area in detail and in overview at both advice and assistance and litigation work. Recommendations of individual subject areas are brought together and a set of options for implementation are developed. Outcomes measures are compared with input, structure and process measures as set out in “Lawyers:- The Quality Agenda” (1994). “In relation to measuring competence it is clear again that there are no easy answers. Competence is such a multifaceted concept that any successful attempt to measure will need to combine a multiplicity of outcome, process and structural measures. The performance indicators which are used in the medical world… appear to have their parallels in certain output measures in the legal world. However, the transferability of such measures may be more apparent than real… Success rates on their own can be quite misleading.” Outcome measures are considered against regional differences such as the “North-South divide”, in relation to size of law firm entity and in relation to the different types of claim and case. There are more outcomes than winning or losing, gaining financial or other advantage or prevention of some act. Client satisfaction and fulfilling expectations are also important and broader, societal outcome implications need also to be considered
To Sustain the Commonwealth Commitment to Human Dignity: Reconsider the Award of the 2013 CHOGM to Sri Lanka
No full textThe spread of international arbitration: a survey based on views expressed in leading textbooks
No full textAnthony Connerty (Barrister and Chartered Arbitrator) looks at the treatment of international arbitration in four major works, and considers the views expressed by the authors, editors and contributors on the spread of the use of international arbitration. The works considered are: Redfern and Hunter on International Arbitration; International Commercial Arbitration, by Gary B. Born; Arbitration in Asia, edited by Michael Moser; International Commercial Arbitration in New York, edited by James H. Carter and John Fellas
Novel Approaches: from academic history to historical fiction - A Virtual Conference
Get PDFThe relationship between academic history and historical fiction is a subject of great interest to historians. Major academic conferences, for example the American Historical Association gathering last January and the Leeds Medieval Congress this July, have included papers and sessions on the subject, and they are proving among the most lively and well attended. There are numerous examples of historians who have successfully moved into the sphere of fiction, and conversely of authors whose fiction is underpinned by rigorous research. The large and growing public interest in history in Britain takes in both historical fact and historical fiction. And it is clear that many historians were at least in part inspired to pursue historical research by novels that they had read, or indeed are currently either planning to write or are writing their own works of fiction
The Bugle and the Penguins: Democracy and the Media in Argentina
No full textThe first chapter of this dissertation will develop an analytical framework by exploring
some of the arguments surrounding the relationship between the media, the state and
democracy, in particular the tension between government intervention and freedom
of expression. Chapter 1 will also highlight where these challenges have particular
resonance for Latin America, for example, how the role of the media as an independent
watchdog is under threat by both commercial practices and state intervention. It will
also analyse recent developments in this context in Venezuela. Chapter 2 narrows the
geographical focus of the dissertation, and is divided into two parts. The first charts the
shifting course of media regulation in Argentina over the last 40 years, up to and including
the administration of Carlos Menem. This will place in an appropriate historical context
the particular features in the interaction between the state and the media in the country,
and help to explain the regulatory landscape in which LSCA was developed. The second
analyses the deterioration in the relationship Cristina Fernández and her husband and
predecessor, Néstor Kirchner (popularly known as ‘the penguins’ on account of being from
southern Argentina) and Grupo Clarín by exploring the political battles which have led to
an ‘undeclared war’ between the two adversaries (Interview 2010j), and seeks to provide
an understanding of the political context of the regulatory reform. Chapter 3 concerns the
LCSA itself, and by examining the key features of the law, it may be possible to show if the
new legislation will create the new framework for a more democratic media in Argentina
as its supporters hope to achieve, or whether the implications of this may lead to very
different results. Using this analysis it will become clear if the legislation can or should be
compared to developments in Venezuela
650 years of the office of Justice of the Peace/Magistrate
No full textAn examination of the origins and history of magistracy in England and Wales and the UK as the only lay judges in the world with the power to sentence people to prison. Article by Alan Lambert JP
Throwing petrol on a fire: the human and environmental cost of tar sands production
No full textIn this opinion piece, independent researcher Jennifer Huseman and Senior Lecturer in Human Rights in the Institute
of Commonwealth Studies, Dr Damien Short, examine Canada’s tar sands oil industry and its effect on indigenous
communities. They describe how the industry ‘externalities’ of environmental degradation and pollution are seriously
affecting the health of indigenous communities and threatening their physical and cultural survival.
Furthermore,due to the enormous carbon footprint associated with the exploitation of the tar sands, the authors argue that they are a danger to us all. They call for a halt to tar sands expansion, the instigation of effective environmental clean-up procedures and measures to address the health issues facing indigenous peoples as a result of tar sands operations. They also call on national and international financial institutions to immediately withdraw funding from the tar sands expansion and operations
Harmonising and Regulating Financial Markets
Get PDFThis chapter discusses problems of harmonisation and regulation of the European Internal Financial Market. The argument is that the current division of powers between the EU and Member States is not achieving sufficient harmonisation to develop an internal market. The obstacles to the Internal Financial Market presented by national regulatory and supervisory regimes remain too high, and the EU minimum standards and mutual recognition regime has failed to lower these barriers sufficiently. There is a need for broader based regulatory and supervisory institutions, undertaking at a European level what cannot effectively be done at a national level, including providing a system for preventing and dealing with systemic crises and risks of such crises. The European Central Bank may develop a response to the latter, but the establishment of an EU financial market regulator is the better solution. The chapter also addresses some of the agency problems of the decision making process, and the crisis driven nature of regulatory refor
The coalition and constitutional reform
No full textThe author considers the impact of the coalition government formed in Britain in May 2010 on the process of constitutional reform. Looking at the formation of a peacetime coalition following a hung Parliament as a constitutional innovation in itself and reviewing the changes proposed by that government in the areas of Parliamentary voting and equalising of constituencies, fixed-term Parliaments and referendum on the alternative vote method of election. Article by Vernon Bogdanor (Research Professor, Institute of Contemporary History, King’s College London; Emeritus Gresham Professor of Law; Fellow of the British Academy) based on a lecture delivered at the IALS on May 23, 2011 - published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London