Access to justice at the intersection of civil and criminal law
In: Punishment & society
ISSN: 1741-3095
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In: Punishment & society
ISSN: 1741-3095
In: PBCSF-NIFR Research Paper
SSRN
Working paper
In: Regulation & governance, Band 18, Heft 2, S. 612-636
ISSN: 1748-5991
AbstractHow do ultra‐religious schools respond to state regulations that conflict with deep‐rooted cultural norms? This study investigates this question in the context of Haredi boys schools' decisions regarding Israel's core‐curriculum regulations. It draws on a first‐of‐its‐kind dataset of interviews and school data collected from a representative sample of 82 principals and teachers in schools serving 18,000 students and six government inspectors overseeing dozens of schools. We identify isomorphic structures of compliance and noncompliance and analyze the law's role among the competing sources of schools' decisions. These sources include rabbis, nongovernmental network supervisors, private consultants, models set by other schools, resource constraints, parents, and personal opinions. The findings reveal a tension between the law's overarching role in setting the baseline for schools' decisions and its under‐enforcement. We conceptualize this tension as a manifestation of coupled institutional maintenance, whereby ultra‐religious schools and government inspectors collaborate to maintain schools' noncompliance and autonomy.
In: Annals of Emergency Medicine, Band 78. No.6
SSRN
In: Qualitative research, Band 21, Heft 2, S. 234-250
ISSN: 1741-3109
This article will explore the methodologies employed in a collaborative research project on lived experience of exercise or denial of legal capacity, known as the Voices of Individuals: Collectively Exploring Self-determination (VOICES) project. In so doing, the project's research team will reflect on key decisions about the project's background, design, implementation (including the recruitment and selection of participants, workshops and editing contributions) and considerations for further research.
ABSTRACTThe Government's program to accelerate the development of the real sector and the empowerment of Micro, Small and Medium Enterprises (MSMEs), one of which is set forth in the policy package for the distribution of People's Business Credit (KUR). However, in its implementation, the KUR program experienced several problems and could not be carried out only by relying on funds from the Government or banks for the development of MSMEs. This is due to the fact that banks in conducting their business must always pay attention to the principle of banking prudence, while the KUR program requires banks to relax the conditions of their debtors who want to obtain credit or financing. This research uses the normative juridical approach method by emphasizing the study of literature and supported by data from field research. The results showed that the KUR program in its implementation could be synergized with the Corporate Social Responsibility (CSR) program. The CSR program can be a solution to the problems faced by the KUR program where later the CSR program can be used as a trigger for banking business reengineering in implementing the KUR program that can provide benefits for stakeholders. Keywords: People's Business Credit, Corporate Social Responsibility, Business Reengineering
BASE
SSRN
Working paper
Decentralization policy in Indonesia has been expanded to the level of the village since 2015. The main purpose of this policy is to improve the performance of village government in providing more effective public service and efforts to poverty alleviation in rural areas. The authors argue that social capital, governance practices, leadership capacity, and resources can be important factors influencing the performance of village government. However, knowledge about to which extent village governments present their actual performance concerning social capital, governance practices, leadership and resources is still not sufficient yet. Using survey data conducted in 2015, this study aims to describe the early state of village government performance and examines links among social capital, governance practices, leadership capacity and resources with village government performance. The survey has selected 10 villages representing upland and lowland areas in Banyumas Regency, Central Java Indonesia. From each village, we choose 30 community leaders to express their opinion on our variables. Data is analyzed by descriptive statistics and ordinal regression since it was an ordinal scale. The result shows that village governments still have a good ability to formulate strategic planning, to realize development outcomes relevant to community needs, to utilize public participation in decision-making stages, to develop community organization capacity and to empower villagers.
BASE
In November 2019, Vladimir Putin's regime introduced new regulations that create a legal framework for centralized state management of the internet within Russia's borders. Although full implementation will be extremely difficult, this framework will likely lead to tighter state control over society and additional complications for domestic and foreign companies. The regulations are expected to accelerate the fragmentation of the global internet and to increase Russian reliance on Chinese technology.
In: Ekonomika preduzeca, Band 66, Heft 1-2, S. 177-188
ISSN: 2406-1239
In: Presidential studies quarterly: official publication of the Center for the Study of the Presidency, Band 47, Heft 3, S. 561-573
ISSN: 1741-5705
The unitary executive theory first went mainstream during the George W. Bush administration as the president's justification for exercising broad executive powers. Barack Obama did not explicitly embrace the unitary executive theory, but he followed in Bush's footsteps by expanding and augmenting presidential power in new and questionable ways. President Donald J. Trump's campaign rhetoric, coupled with an early, controversial executive order on immigration, suggest the possibility of continued expansions of executive power. Thus, the time is right to examine the unitary executive theory anew. Here, we define the theory as understood by its advocates and then offer a critique. Finally, we highlight the theory's impact on the evolution of presidential powers over the past 16 years and set the stage for evaluating what may come next.
In: Environmental and resource economics, Band 71, Heft 3, S. 605-624
ISSN: 1573-1502
The objective of the research is to define the development of constitutionalism and socio-cultural challenges related to the formation process of the European Union's legal identity. To achieve this goal, the concept of constitutionalism and its changes during the period of the European Union's development are examined. Tendencies of the European Union Member States' constitutionalism process are analysed and socio-cultural tensions of the formation of the contemporary European Union's legal identity, which arise between security and freedom, order and justice and government and society are identified. The article states that the sustainability of public democratic processes and the functioning of the European Union is possible only if the constitutional values are protected. The reseach also reveals that the further evolution of European constitutionalism and legal identity still needs to enhance the development of the rules which could influence the creation and activities of the independent, self-governing EU's political community.
BASE
The objective of the research is to define the development of constitutionalism and socio-cultural challenges related to the formation process of the European Union's legal identity. To achieve this goal, the concept of constitutionalism and its changes during the period of the European Union's development are examined. Tendencies of the European Union Member States' constitutionalism process are analysed and socio-cultural tensions of the formation of the contemporary European Union's legal identity, which arise between security and freedom, order and justice and government and society are identified. The article states that the sustainability of public democratic processes and the functioning of the European Union is possible only if the constitutional values are protected. The reseach also reveals that the further evolution of European constitutionalism and legal identity still needs to enhance the development of the rules which could influence the creation and activities of the independent, self-governing EU's political community.
BASE
Several economies have laws that treat women differently from men. This study explores the degree of such legal gender disparities across 167 economies around the world. This is achieved by constructing a simple measure of legal gender disparities to evaluate how countries perform. The average number of overall legal gender disparities across 167 economies is 17, ranging from a minimum of 2 to a maximum of 44. The maximum possible legal gender disparities is 71. The measure is found to be correlated with other measures of gender inequality, implying the measure does capture gender inequality while also differing from preexisting measures of gender inequality. A high degree of legal gender disparities is found to be negatively associated with a wide range of outcomes, including years of education of women relative to men, labor force participation rates of women relative to men, proportion of women top managers, proportion of women in parliament, percentage of women that borrowed from a financial institution relative to men, and child mortality rates. Subcategories within the legal disparities measure help to uncover specific types of legal disparities across economies.
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