Democratizing Legal Services

Obstacles and Opportunities

Author: Laura Snyder

Publisher: Lexington Books

ISBN: 1498529801

Category: Law

Page: 340

View: 8033

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This book responds to the common objections to alternative business structures, describes the opportunities that such structures offer, exposes how lawyer self-regulation operates to obstruct the modernization of legal services, and includes interviews with persons who have experience with alternative legal service providers in other countries.

International Perspectives on the Regulation of Lawyers and Legal Services

Author: Bloomsbury Publishing

Publisher: Bloomsbury Publishing

ISBN: 1509905189

Category: Law

Page: 288

View: 4459

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This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and in jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods; examine the continuing role, if any, of professionals and how this may be changing; and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services and some implications for the rule of law.

Modernizing Legal Services in Common Law Countries

Will the US Be Left Behind?

Author: Laura Snyder

Publisher: Lexington Books

ISBN: 1498530079

Category: Law

Page: 384

View: 5014

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Most people understand that regulations have a direct bearing on their access to things such as clean air and water and safe working environments. However, in the United States, few people make the connection between how legal services are regulated and how difficult it is for them to access legal services. Indeed, on the question of affordable and accessible civil justice, the World Justice Project ranks the US 94th out of 113 countries, behind Albania, Belarus, Myanmar, and Russia. For decades academics and others have debated whether the legal profession is self-regulated and, if it is, whether it should be. But is it the right debate? Self-regulation—or not—does not obviate the need for effective regulation. Independent, accountable, and transparent regulatory bodies, effective oversight of those bodies, the genuine engagement of citizens in the regulatory process, evidence-based research to fully assess the impact of regulation, and an approach to regulation that is proportionate and targeted to actual risks are essential for effective regulation. Through the lens of the adoption of alternative structures, this book explains how England, Wales, and Australia have, by embracing these essential elements, successfully modernized their regulatory environments for legal services, and how Canada has taken firm steps down its own path to the same. In contrast, by rejecting these elements, the United States remains paralyzed in an unproductive regulatory environment for legal services. This book provides a blueprint for how the US can take inspiration from its common law sisters to breathe new life into its regulatory environment for legal services. Ultimately, modernization will require more—and better—regulation that is financed publicly through equitable, progressive revenue sources.

The Great Legal Reformation

Notes from the Field

Author: Mitchell Kowalski

Publisher: iUniverse

ISBN: 153203217X

Category: Law

Page: 206

View: 5447

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Its refreshing that this book does not simply look to advances in technology and artificial intelligence as the cause or the future of the Great Legal Reformation. Through in-depth case studies and vignettes, Mitch Kowalski takes us on a tour to meet some of the trailblazers breaking the legal service provider mould, allowing us to eavesdrop on his conversations with them. This is not a glimpse into the future of how he and others might see the legal world developing as the Great Legal Reformation unfolds. This is insight into the here and now - into what these innovators have already envisioned and achieved. These are the platforms from which yet further innovation and re-formation of the market will be driven. From the power and opportunity of regulatory change to enable structural change, access to capital and the participation of people who happen not to be lawyers; through the need to focus on efficiency, continuous improvement, process and project management; to the enduring value of vision, culture, values, leadership, energy and employee engagement, these studies and conversations inform, reveal and challenge. They do not present the new world through rose-tinted glasses or deny the existence of risk: the story of Slater & Gordons mixed fortunes is testament to that. But they do show a different way of thinking and acting. Whether lawyers like it or not, these are initiatives that buyers of legal services welcome. Stephen Mayson ,strategic advisor to law departments, legal services providers and regulators This is an indispensable handbook for any aspiring legal innovatora well-researched, accessible, and fascinating collection of dispatches from the cutting edge of legal business. Professor Richard Susskind OBE, author of Tomorrows Lawyers Mitch Kowalski shows us what the new professional world actually does look like. He takes us on a tour of Great Britain, Australia, and the United States, and introduces us to lawyers in big firms and small, serving clients both private and public. The picture that emerges is of a new breed of legal service provider that embraces entrepreneurship, teamwork and technology in a way that seems both unfamiliar and obvious to all lawyers. Dr Ian Holloway PC QC, ,Professor and Dean of Law, The University of Calgary This book will either give you hope or a much needed kick in the pants. Either way it's a win-win. Stephen Allen, , legal innovator, Hogan Lovells Mitch Kowalski does it again. Diving deep inside some of the worlds most innovative legal providers Mitch discovers the future of law in the present. A must read for anyone involved in the legal profession. John Chisholm, leading Australian legal commentator and advisor

New Challenges to Democratization

Author: Peter Burnell,Professor of Politics and International Studies Peter Burnell,Richard Youngs,Senior Associate Carnegie Endowment for International Peace and Professor of International Relations Richard Youngs

Publisher: Routledge

ISBN: 1135198616

Category: Political Science

Page: 240

View: 1973

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This important text explores the widespread contention that new challenges and obstacles have arisen to democratization, assessing the claim that support for democratization around the world is facing a serious challenge. Bringing together leading international scholars of democratization, including Thomas Carothers, Michael McFaul, Laurence Whitehead, Bassma Kodmani, Nancy Bermeo, Marina Ottaway, Shaun Breslin and,Renske Doorenspleet, this book examines the issues relating to developments within non-democratic states and issues related to the democratic world and its efforts to support the spread of democracy. Featuring in-depth studies on the limits of US democracy promotion, the Middle East, Russia, China and new democracies, the book sheds light on such questions as: Is the wave of democratization now in retreat or should we be careful not to exaggerate the importance of recent setbacks? Do serious, sustainable alternatives to democracy now exist? Is international democracy promotion finished? New Challenges to Democratization brings together a variety of academics and writers from major think-tanks in the United States and Europe, and makes the book ideally suited to a wide international readership. This book will be of particular interest to students and scholars of democratization, comparative politics and international politics.

Turkey and EU Integration

Achievements and Obstacles

Author: Çigdem Nas,Yonca Özer

Publisher: Taylor & Francis

ISBN: 1317006046

Category: Political Science

Page: 202

View: 6339

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What has been achieved regarding Turkey’s efforts at integration to the EU and what obstacles remain to it achieving full membership? Like other developing countries, Turkey displays visible signs of advancement with rapid increases in living standards, greater mobility and the rapid spread of technology. Much of its legislation and political, economic and administrative systems are also now aligned to the EU and this process has undoubtedly contributed to democratization and modernization. At the same time problems in politics and society persist; the Gezi protests, limitations of freedom of expression, frequent occupational accidents in the mining and construction sectors, honour killings and political upheaval which has manifested itself most starkly with the recent coup attempt all call attention to the challenges facing a country in the process of change. Charting the political, legal and economic relations between Turkey and the European Union since 1959 this book explores the relationship through phases such as association, customs union and candidacy. Each chapter covers a particular period in the relations and/or a theme which has both current and overall relevance to the conduct of the relations. In this way, the authors examine the impact of the EU in affecting change, what has been achieved and the obstacles that remain.

Democratization

A Critical Introduction

Author: Jean Grugel,Matthew Louis Bishop

Publisher: Macmillan International Higher Education

ISBN: 113737487X

Category: Political Science

Page: 400

View: 560

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The second edition of this popular and authoritative text provides a truly global assessment of democratization in theory and practice in the contemporary world. It has been systematically revised and updated throughout to cover recent developments, from the impact of 9/11 and EU enlargement to the war in Iraq.

The Third Wave

Democratization in the Late 20th Century

Author: Samuel P. Huntington

Publisher: University of Oklahoma Press

ISBN: 0806186046

Category: Political Science

Page: 384

View: 8324

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Between 1974 and 1990 more than thirty countries in southern Europe, Latin America, East Asia, and Eastern Europe shifted from authoritarian to democratic systems of government. This global democratic revolution is probably the most important political trend in the late twentieth century. In The Third Wave, Samuel P. Huntington analyzes the causes and nature of these democratic transitions, evaluates the prospects for stability of the new democracies, and explores the possibility of more countries becoming democratic. The recent transitions, he argues, are the third major wave of democratization in the modem world. Each of the two previous waves was followed by a reverse wave in which some countries shifted back to authoritarian government. Using concrete examples, empirical evidence, and insightful analysis, Huntington provides neither a theory nor a history of the third wave, but an explanation of why and how it occurred. Factors responsible for the democratic trend include the legitimacy dilemmas of authoritarian regimes; economic and social development; the changed role of the Catholic Church; the impact of the United States, the European Community, and the Soviet Union; and the "snowballing" phenomenon: change in one country stimulating change in others. Five key elite groups within and outside the nondemocratic regime played roles in shaping the various ways democratization occurred. Compromise was key to all democratizations, and elections and nonviolent tactics also were central. New democracies must deal with the "torturer problem" and the "praetorian problem" and attempt to develop democratic values and processes. Disillusionment with democracy, Huntington argues, is necessary to consolidating democracy. He concludes the book with an analysis of the political, economic, and cultural factors that will decide whether or not the third wave continues. Several "Guidelines for Democratizers" offer specific, practical suggestions for initiating and carrying out reform. Huntington's emphasis on practical application makes this book a valuable tool for anyone engaged in the democratization process. At this volatile time in history, Huntington's assessment of the processes of democratization is indispensable to understanding the future of democracy in the world.

Extraordinary Rendition

Addressing the Challenges of Accountability

Author: Elspeth Guild,Didier Bigo,Mark Gibney

Publisher: Routledge

ISBN: 1351172867

Category: Political Science

Page: 316

View: 8626

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The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding European Union Member States’ complicity with the CIA and their incompatibility with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability in the EU, and identifies significant obstacles to further accountability in a selection of EU member states under investigation. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

Democratization in Africa

African Views, African Voices

Author: Sahr John Kpundeh

Publisher: National Academies

ISBN: N.A

Category: Social Science

Page: 85

View: 8413

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The global movement toward democracy, spurred in part by the ending of the cold war, has created opportunities for democratization not only in Europe and the former Soviet Union, but also in Africa. This book is based on workshops held in Benin, Ethiopia, and Namibia to better understand the dynamics of contemporary democratic movements in Africa. Key issues in the democratization process range from its institutional and political requirements to specific problems such as ethnic conflict, corruption, and role of donors in promoting democracy. By focusing on the opinion and views of African intellectuals, academics, writers, and political activists and observers, the book provides a unique perspective regarding the dynamics and problems of democratization in Africa.

Democratization in Morocco

The Political Elite and Struggles for Power in the Post-Independence State

Author: Lise Storm

Publisher: Routledge

ISBN: 1134067380

Category: Political Science

Page: 240

View: 8703

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This book explores the political games of the Moroccan democratization process in the period from independence in 1956 until 2006. By combining a great degree of political theory with empirical material on Morocco, it analyzes the strategies and actions of the various political actors and evaluates the level of democracy present in the country after the adoption of new constitutions in 1962, 1970, 1972, 1980, 1992 and 1996. Lise Storm demonstrates that in at least some instances, democratization has been more than simply a survival strategy – every so often, key figures within the political elite have taken the democratization process further than strictly needed for them to stay in power. In the case of Morocco, it has been the monarch who on more than one occasion has moved the country further towards the democratic ideal than he necessarily had to, and that sometimes even against the wishes of one or more of the established political parties. This book illustrates how the Moroccan political parties, like so many of their counterparts in the region, have become the main obstacle to further democratization as most of them have never honoured – or appear to have abandoned – the key function of political parties: popular representation. Democratization in Morocco will be a very valuable contribution to students and researchers interested in the dynamics behind the Moroccan democratization and the role of electoral politics in North African and Middle Eastern politics.

Judicial Politics in Mexico

The Supreme Court and the Transition to Democracy

Author: Andrea Castagnola,Saul Lopez Noriega

Publisher: Routledge

ISBN: 1315520605

Category: Political Science

Page: 190

View: 6955

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After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

Negative Emotions and Transitional Justice

Author: Mihaela Mihai

Publisher: Columbia University Press

ISBN: 023154118X

Category: Philosophy

Page: 240

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Vehement resentment and indignation are pervasive in societies emerging from dictatorship or civil conflict. How can institutions channel these emotions without undermining the prospects for democracy? Emphasizing the need to recognize and constructively engage negative public emotions, Mihaela Mihai contributes theoretically and practically to the growing field of transitional justice. Drawing on an extensive philosophical literature and case studies of democratic transitions in South Africa, South America, and Eastern Europe, her book rescues negative emotions from their bad reputation and highlights the obstacles and the opportunities such emotions create for democracy. By valorizing negative emotions, either through the judicial review of transitional justice bills or the criminal trials of victimizers, institutions realize the value of respect and concern for all while contributing to a culture that is hospitable to democracy.

The Future of Freedom: Illiberal Democracy at Home and Abroad (Revised Edition)

Author: Fareed Zakaria

Publisher: W. W. Norton & Company

ISBN: 9780393069396

Category: Political Science

Page: 304

View: 6930

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“A work of tremendous originality and insight. ... Makes you see the world differently.”—Washington Post Translated into twenty languages ?The Future of Freedom ?is a modern classic that uses historical analysis to shed light on the present, examining how democracy has changed our politics, economies, and social relations. Prescient in laying out the distinction between democracy and liberty, the book contains a new afterword on the United States's occupation of Iraq and a wide-ranging update of the book's themes.

Challenges of Growth and Globalization in the Middle East and North Africa

Author: Hamid Reza Davoodi,George T. Abed

Publisher: International Monetary Fund

ISBN: 1463919387

Category: Business & Economics

Page: 24

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The Middle East and North Africa (MENA) is an economically diverse region. Despite undertaking economic reforms in many countries, and having considerable success in avoiding crises and achieving macroeconomic stability, the region's economic performance in the past 30 years has been below potential. This paper takes stock of the region's relatively weak performance, explores the reasons for this out come, and proposes an agenda for urgent reforms.

Intellectual Property Rights

Legal and Economic Challenges for Development

Author: Mario Cimoli,Giovanni Dosi,Keith E. Maskus,Ruth L. Okediji,Jerome H. Reichman

Publisher: OUP Oxford

ISBN: 0191636525

Category: Business & Economics

Page: 480

View: 9195

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In recent years, Intellectual Property Rights - both in the form of patents and copyrights - have expanded in their coverage, the breadth and depth of protection, and the tightness of their enforcement. Moreover, for the first time in history, the IPR regime has become increasingly uniform at international level by means of the TRIPS agreement, irrespectively of the degrees of development of the various countries. This volume, first, addresses from different angles the effects of IPR on the processes of innovation and innovation diffusion in general, and with respect to developing countries in particular. Contrary to a widespread view, there is very little evidence that the rates of innovation increase with the tightness of IPR even in developed countries. Conversely, in many circumstances, tight IPR represents an obstacle to imitation and innovation diffusion in developing countries. What can policies do then? This is the second major theme of the book which offers several detailed discussions of possible policy measures even within the current TRIPS regime - including the exploitation of the waivers to IPR enforcement that it contains, various forms of development of 'technological commons', and non-patent rewards to innovators, such as prizes. Some drawbacks of the regimes, however, are unavoidable: hence the advocacy in many contributions to the book of deep reforms of the system in both developed and developing countries, including the non-patentability of scientific discoveries, the reduction of the depth and breadth of IPR patents, and the variability of the degrees of IPR protection according to the levels of a country's development.

Economic, Social and Cultural Rights in International Law

Author: Manisuli Ssenyonjo

Publisher: Bloomsbury Publishing

ISBN: 1509902031

Category: Law

Page: 800

View: 5910

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Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

The Oxford Handbook of Gender and Conflict

Author: Fionnuala Ní Aoláin,Naomi Cahn,Nahla Valji,Dina Francesca Haynes

Publisher: Oxford University Press

ISBN: 0199300984

Category: Political Science

Page: 672

View: 7959

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Traditionally, much of the work studying war and conflict has focused on men. Men commonly appear as soldiers, commanders, casualties, and civilians. Women, by contrast, are invisible as combatants, and, when seen, are typically pictured as victims. The field of war and conflict studies is changing: more recently, scholars of war and conflict have paid increasing notice to men as a gendered category and given sizeable attention to women's multiple roles in conflict and post-conflict settings. The Oxford Handbook of Gender and Conflict focuses on the multidimensionality of gender in conflict, yet it also prioritizes the experience of women, given both the changing nature of war and the historical de-emphasis on women's experiences. Today's wars are not staged encounters involving formal armies, but societal wars that operate at all levels, from house to village to city. Women are necessarily involved at each level. Operating from this basic intellectual foundation, the editors have arranged the volume into seven core sections: the theoretical foundations of the role of gender in violent conflicts; the sources for studying contemporary conflict; the conflicts themselves; the post-conflict process; institutions and actors; the challenges presented by the evolving nature of war; and, finally, a substantial set of case studies from across the globe. Genuinely comprehensive, this Handbook will not only serve as an authoritative overview of this massive topic, it will set the research agenda for years to come.