...Book review: Public Interest Litigation in India: A Renaissance in Social Justice By Mamta Rao Contents 1. 2. 3. 4. 5. introduction……………………………………………………..3 description………………………………………………………6 narration………………………………………………………...7 exposition……………………….………………………………8 summary………………………………………………………...17 2 Electronic copy available at: http://ssrn.com/abstract=1627065 Book review: Public Interest Litigation in India: A Renaissance in Social Justice by Mamta Rao Copyright@ EASTERN BOOK COMPANY, LUCKNOW, 2002 ISBN: 81-7012-725-4 Price: Rs.155 Introduction This book gives a brief description on the past, present and future of the public interest cases in India and abroad. It proves to be an excellent guide to the law students especially at beginning of their studies. Author Dr. Mamta Rao is currently a lecturer of Durgawati University, Jabalpur. She is eminent author who has written a number of law related books for basic and advanced studies in law. Public interest litigation appeared in the Indian judicial scene in the mid-seventies when the rigid concept of standing proved to be an obstacle in achieving the great ideals of soceconomic justice. To disarm the strong and arm the weak was essential to change the social order. The judiciary such circumstances had to innovate new methods and devices, new strategies for providing access to justice to a large section of society which was deprived vulnerable. This way it could be an instrument of distributive justice. This book...
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...MULTIMEDIA UNIVERSITY OF KENYA AUTO-LITIGATION SYSTEM EVANS ODONDO ODUOR IST-221-028/2012 3RD YEAR SEMESTER 2 SUBMITTED ON 10TH APRIL 2015 Name of the supervisor Signature of the supervisor TABLE OF CONTENTS CHAPTER 1: INRODUCTION……………………………………………………3 1.1 Background study………………………………………………………..3 1.2 Problem Formulation and solution……………………………………....3 1.2.1 Problem Definition…………………………………………4 1.2.2 Justification…………………………………………………4 1.2.3 Objectives…………………………………………………..4 1.2.4 Scope………………………………………………………..5 1.2.5 Research Questions…………………………………………5 1.2.6 Basic Assumptions of Study/Project………………………..5 1.2.7 Basic Limitations of Study/Project………………………….5 CHAPTER 2: LITERATURE REVIEW…………………………………………..6 2.1 Introduction……………………………………………………................6 2.2 Review of Relevant Literature and Opinion…………………………….6 2.3 Existing Systems………………………………………………………...7 2.4 Re-Definition of Problem………………………………………………..8 CHAPTER 3: RESEARCH METHODOLOGY………………………………....8 3.1 Participants………………………………………………………………8 3.1.1 Leading/senior counsel…………………………..……………8 3.1.2 Junior Associate Attorney………………………..……............8 3.1.3 other non-legal staff……………………………..……………8 3.2 Research Design…………………………………………………………8 3.2.1 Descriptive Design……………………….….………………...8 3.3 DATA COLLECTION…………………………………………………9 3.3.1 Interviews………………………………………………………9 3.3.2 Questionnaires…………………………………………….........9 3.3.3 Literature Review………………………………….…………..10 3.4 DATA ANALYSIS……………………………………………………….10 2 3.5 RESOURCES...
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...Law 531- Traditional and Nontraditional Litigation Marilyn University of Phoenix Carol Parker Monday July 30, 2012 Nontraditional and Traditional Litigation Most cases will never go to trail, so in order to have a better understanding one must also understand alternative methods of dispute resolutions that are just as important in understanding the traditional litigation system. The goals set between both traditional and nontraditional litigation is to reach a simple resolution, but yet these methods use a reach of different types of resolution. The intent of this paper is to help understand the comparison and contrast of the traditional litigation system with the nontraditional forms of alternative dispute resolution (ADR). Compare Cheeseman (2010) defines litigation as “the process of bringing, maintaining and defending a lawsuit (p.35).” In resolving a dispute the desired outcome of the traditional litigation or also called the judicial dispute resolution and nontraditional litigation or ADR. However, it is not necessary that an attorney in both forms of litigation usually typically represent plaintiffs and defendant. A third party is the one that typically decided the outcome of a given dispute. For example, in the judicial dispute resolution, the dispute is decided upon the judge or a selected jury. In the case of ADR a third party helps in the parties resolution and helps in making a decision. The third party usually severs as an arbitrator, mediator, judicial...
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...EXAMPLE 1 International litigation is often difficult to seize because of different procedures used by States and principles laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system...
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...Revised version forthcoming in the Journal of International Economic Law WTO Dispute Settlement and the Missing Developing Country Cases: Engaging the Private Sector Chad P. Bown† Brandeis University & The Brookings Institution May 2005 Abstract The poorest WTO member countries almost universally fail to engage as either complainants or interested third parties in formal dispute settlement activity related to their market access interests. This paper focuses on costs of the WTO’s extended litigation process as an explanation for the potential but “missing” developing country engagement. We provide a positive examination of the current system, and we catalogue and analyze a set of proposals encouraging the private sector to provide DSU-specific legal assistance to poor countries. We investigate the role of legal service centres, non-governmental organizations, development organizations, international trade litigators, economists, consumer organizations, and even law schools to provide poor countries with the missing services needed at critical stages of the WTO’s extended litigation process. In the absence of systemic rules reform, the publicprivate partnership model imposes a substantial cooperation burden on such groups as they organize export interests, estimate the size of improved market access payoffs, prioritize across potential cases, engage domestic governments, prepare legal briefs, assist in evidentiary discovery, and pursue the public relations effort required to...
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...Consensual Relationship Agreements Case Study The Purpose of this project is to examine the Consensual Relationship Agreement Case (CRA) Study. In developing the project concepts will be identified in the areas of organizational behavior models of individual, group, and organizational processes; how ethical decisions are made, and concepts of individual differences, personality traits, and perspectives. According to Hellriegel & Slocum (2011) the characteristics of a Consensual Relationship Agreement is defined as an written agreement in which consenting romantically involved staff members acknowledge their relationship is consensual and voluntary; to avoid actions that others may find offensive in the office; follow the employers workplace rules of conduct to include anti-harassment and anti-discrimination; relationship must not affect work performance and behave professionally; report actual or perceived harassment immediately; and not engage in favoritism. After reviewing a second CRA on the internet, an employer and employee confirms that a sexual or romantic relationship between employees is consensual and voluntary. (Bloomsbury Business Library, 2007) In analyzing the case, Consensual Relationship Agreements, the following categories will be addressed: (1) Argue for the use of Consensual Relationship Agreements in Your current (or future) Workplace; (2) Create a counter argument against the use of CRAs in your current (or future) workplace; (3) Discuss...
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...minamata case [1973] and accompanying environmental litigation on the role of the law of tort in japan. After minamata, what are the litigations, how these cases change the role of law of tort in japan. Any wider impact and significance ? japan’s image etc. 2012 ‘The long running Minimata litigation exposes the weaknesses of Japan’s treatment of environmental pollution.’ Discuss. How weak was the law on environmental pollution. How it has changed since then. 2010 Consider the significance of the Minimata litigation on Japan’s approach to environmental protection. How the environmental protection has changed. How the cases come to court more. The contemporary enactments. “The Minimata litigation is an example of the failure of law and lawyers in Japan”. Discuss. How did the law and lawyers fail. Discuss the role of the courts in protecting human health and the environment in the light of the Minamata (1973) litigation. What was the role of the courts in protecting human health and environment in Minamata. After that, the cases that ensued, what role do courts play. And what about now. ------------------------------------------------- Introduction Pollution cases and product liability cases, where tortfeasors are major companies and the loss is widespread. The development of technology made atomic energy and various highly hazardous materials available. There are also medical malpractice cases. Despite...
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...Case Study – Breach of Contract Does providing products below specified requirements violate the contract? Manufacturer versus the supplier The issue Sterling, Inc. had a working relation with NoBugs Corporation. NoBugs was responsible for the provision of high-quality standards of microchips to facilitate the creation of exquisite computers by Sterling, Inc. However, in a particular period NoBugs Corporation, as per the investigations, produces chips that were below the required specifications. The analysis carried out points to the cause of the explosion as the design defects of the machines that were aggravated by the imperfections caused by NoBugs microchips. The explosion leaves Sterling, Inc. in shambles. The misfortunes led to compensation for clients for the...
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...distribute information has created a huge information management quandary. Our ability to communicate and distribute information “at will” has created potential significant corporate risk associated with failure to adhere to governmental, industrial, or self-imposed corporate compliance metrics. Although much is in place to regulate previous generations of communication and information distribution methods, recent technological advances have seriously taxed the viability of many long-standing regulatory compliance standards. In response, new interpretations and amendments to these standards have been instituted, thus resulting in many of these same corporations having to react to put their “house in order.” Defining the Challenge Recent studies indicate that approximately 80% of all corporate information...
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...L I T I G AT I O N A N D A D R LITIGATION ARBITRATION Stock byte/G etty Im ages What Parties Might Be Giving Up and Gaining When Deciding Not to Litigate: A Comparison of Litigation, Arbitration and Mediation 48 MAY/JULY 2008 TION MEDIA Deciding whether to litigate, arbitrate, or mediate requires an understanding of three dispute resolution processes. The authors begin with the major characteristics of litigation, and then discuss whether these characteristics are present in arbitration and mediation, and if not, how these processes differ. By Donald L. Carper and John B. LaRocco The authors teach at the College of Business Administration, California State University, in Sacramento, where Donald L. Carper is a professor emeritus of legal studies in business and conflict management, and John B. LaRocco is a professor of law. Prof. Carper is also an arbitrator and mediator and Prof. LaRocco is a labor arbitrator, mediator and fact finder. He serves on the American Arbitration Association’s labor panel. hy one might choose to use an alternative dispute resolution (ADR) process to resolve a legal problem is an interesting question, but it is not the focus of this article. Instead, it focuses on the fundamental attributes of litigation and explores whether these attributes are present in private arbitration and mediation. The purpose is to help people make an informed decision about the process they wish to use to resolve their dispute. This comparison also...
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...Introduction: Courts today are backlogged by months and sometimes even years, as a result, it is now commonplace to use Alternative Dispute Resolution (ADR) to resolve these disputes. More agreements often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. Dictionary.com defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration is by no...
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...will use computer software, known in their profession as computer-aided tools and techniques CATT to detect white –collar crimes. Some software includes data extraction, spreadsheet and data mining analysis.” According to forensic Accounting (2012) suggests that Forensic Accountant’s investigative skills involve collecting and analyzing the audited information for possible discrepancies. The investigations delve into both missed by ordinary accounting and auditing methods. A forensic accountant bases his finding on criminology specifically centered on regulatory and ethical issues. According to Poole (2002) “forensic accountant must also be open minded and skeptical. In most cases he/she will be instructed by one party or the other and will therefore be presented with that party’s perspective of their case. Forensic Accountant...
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...believes that the increase in litigation and criticism against auditors may be due to the audit expectation gap. The audit expectation gap is defined as the difference between what the public expects from an audit and what the audit profession accepts the audit objective to be. The audit expectation gap is critical to the auditing profession because the greater the unfulfilled expectations of the public, the lower the credibility, earning potential and prestige associated with the work of auditors. The objective of this paper is to review and evaluate some of the possible solutions that can be taken to narrow the gap. The study found the proposed solutions in the literature are unlikely to be implemented in view of the practical issues identified. Hence, the proposed solutions are only likely to be effective on theoretical grounds. It is hoped that this paper will provide some insights into proposed solutions which will enable the audit expectation gap to be reduced in a comprehensive and effective manner. E xternal auditing plays an important role in contributing to the effectiveness and efficient functioning of business operations, the capital markets, and the economy by adding credibility to financial statements (Rezaee, 2004). The reliability of auditing functions and the professionalism of the auditing profession was, however, called into question after some spectacular and well publicised corporations (for example Enron and WorldCom in the US)...
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...many factors that can affect a professional in the field of psychology. Some of these factors may be ethical issues and some may have legal issues. These two issues may seem similar. However, they are very different. American Psychological Association (APA) Ethics Code can help clear up any problems with ethical issues. The legal issues are not as easy to see or find the correct answers. Legal issues can be separated into two categories, legislation and litigation. Legislation concerns governmental bodies passing laws. Litigation is laws that are formed by the rule of the law. There are legal issues related to informed consent, assessment, testing, diagnosis, and confidentiality. These issues will be discussed and the influence of legislation on the field of psychology will be evaluated. Competency will also be covered. Informed Consent Informed consent is a legal and ethical term defined as the consent by a client to a proposed medical or psychotherapeutic procedure, or for participation in a research project or clinical study. In order for the consent to be informed the client must first achieve a clear understanding of the relevant facts, risks and benefits, and available alternatives involved. Informed consent requires legal documentation in all 50 states. The concept of informed consent originated with the recognition that individuals have rights: to freedom, autonomy and human dignity. Clients possess these rights and cannot be denied their rights due to mental health status...
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...99 Chapter 8 Litigation Services Provided by Accountants CHAPTER SUMMARY Overview This chapter explains what standards apply to accountants when they perform litigation services, discusses how to qualify as an expert witness, gives tips for testifying at a deposition or trial, and points out the potential liability that accountants risk when they testify at trial. Litigation in the United States ¶8001 U.S. Tort Costs Climbing The U.S. tort system cost $248.1 billion in 2009, which was about $808 per U.S. citizen ($12 in 1950). U.S. tort costs accounted for 1.74 percent of GDP (2.09 in 2002). Increasingly inefficient, the U.S. tort system returns less than 50 cents on the dollar to people it is designed to help; only about 22 cents to compensate for actual loss. ¶8006 A Dispute Begins There are two different courtroom environments: civil and criminal. Some experts believe it is more difficult to convict in a criminal trial (e.g., Casey Anthony). Types of Litigation Services Provided by Accountants ¶8011 Consultant An accountant may be hired by an attorney to gather and interpret facts, prepare analyses, help the attorney interpret evidence, advise about issues and strategies involved in a legal matter, locate other accountants to act as consultants or expert witnesses, and help expert witnesses form their opinions. Accountants acting as consultants will not be asked to testify in a judicial or regulatory proceeding, and their work usually will be protected from disclosure...
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