Working with Customary Justice Systems: Post-Conflict and Fragile States
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The Limits of Punishment Transitional Justice and Violent Extremism
i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s The Limits of Punishment Transitional Justice and Violent Extremism May, 2018 United Nations University – Centre for Policy Research The UNU Centre for Policy Research (UNU-CPR) is a UN-focused think tank based at UNU Centre in Tokyo. UNU-CPR’s mission is to generate policy research that informs major UN policy processes in the fields of peace and security, humanitarian affairs, and global development. i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s Institute for Integrated Transitions IFIT’s aim is to help fragile and conflict-affected states achieve more sustainable transitions out of war or authoritarianism by serving as an independent expert resource for locally-led efforts to improve political, economic, social and security conditions. IFIT seeks to transform current practice away from fragmented interventions and toward more integrated solutions that strengthen peace, democracy and human rights in countries attempting to break cycles of conflict or repression. Cover image nigeria. 2017. Maiduguri. After being screened for association with Boko Haram and held in military custody, this child was released into a transit center and the care of the government and Unicef. © Paolo Pellegrin/Magnum Photos. This material has been supported by UK aid from the UK government; the views expressed are those of the authors. -
The Washington Minimum Wage Decision
Indiana Law Journal Volume 12 Issue 5 Article 8 6-1937 The Washington Minimum Wage Decision Paul Y. Davis Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Labor and Employment Law Commons Recommended Citation Davis, Paul Y. (1937) "The Washington Minimum Wage Decision," Indiana Law Journal: Vol. 12 : Iss. 5 , Article 8. Available at: https://www.repository.law.indiana.edu/ilj/vol12/iss5/8 This Comment is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. COMMENTS who represent the majority of the employees. To this extent the free- dom of the carrier is circumscribed, but we take it that such limitation is justified, since it is a necessary consequence of the proper exercise of the interstate commerce power. D. The Question as to the Majority. Section 2, Fourth, of the Railway Labor Act provides: "The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for the purpose of this Act." The interpretation of the word "majority" as used in this section, presents the question of whether the choice is dependent upon a majority of all of those qualified to vote, or whether in cases where a majority of those qualified to vote participate in the election, a majority of the votes cast is sufficient. -
The Honorable Judge Sara J. Harper Profile Highlights
The Honorable Judge Sara J. Harper Profile Highlights: • Attorney, human rights activist, mother and judge • First woman appointed to the Marine Corps judiciary • Retired from U.S. Marine Corps as Lieutenant Colonel in 1986 • Co-founded the first Victims’ Rights program in the country • First African American woman to win a seat on the Ohio Court of Appeals • Ohio Veterans Hall of Fame Inductee • Ohio Civil Rights Hall of Fame Inductee • National Bar Association’s Hall of Fame Inductee Judge Sara J. Harper (born August 10, 1926) grew up in Cleveland in Outhwaite Estates, a public housing complex in Cleveland. Her passion for service began early at the age of eight, when she got involved in Republican Party politics. Throughout her lifetime, she attended party meetings, distributed literature, and would take her mother lunch on election day, while she worked polling places as a Republican booth worker. • In 2014, Judge Sara J. Harper received recognition for her exemplary service from the Republican National Committee. Her Distinguished Career Judge Sara J. Harper graduated from John Adams High School in the Cleveland Metropolitan School District. After graduating from Cleveland College in 1948, Sara J. Harper went on to become the first African-American woman to graduate from Case Western Reserve University’s School of Law when she earned her degree in 1952. • Judge Harper later served as president of the Case Western Reserve University Law School Alumni Association. And, in 2017, Judge Sara J. Harper was honored by the Case Western Reserve University Trailblazer Project, as a distinguished alumnus of color who made history at Case Western Reserve University, in the community, and beyond. -
Minimum Wage Requirements Within Europe in the Context of Posting of Workers | 1
Minimum wage requirements within Europe in the context of posting of workers | 1 Minimum wage requirements within Europe in the context of posting of workers KPMG in Romania 2019 2 | Minimum wage requirements within Europe in the context of posting of workers 5 General overview 4 Foreword Minimum wage requirements within Europe in the context of posting of workers | 3 CONTENT 18 Country-by-country report 9 Main findings 4 | Minimum wage requirements within Europe in the context of posting of workers Mădălina Racovițan Partner, Head of People Services Our main purpose for the KPMG Guide on Posting of Workers is to give companies an overview of the potential costs and obligations related to mobile workers. The intention is for employers to understand“ the general principles around posting of workers, in order to be able to properly plan the activity of their workforce. Also, the guide includes information on the minimum wage levels and specific registration procedures required in each of the Member States. Minimum wage requirements within Europe in the context of posting of workers | 5 Foreword The freedom to provide services across EU Posting Directive – including minimum wage Member States is one of the cornerstones of requirements, as well as the country-specific the Single Market. Free movement of services requirements under the Posting Directive means that companies can provide a service and the Enforcement Directive in relation to in another Member State without needing to registration with the host country authorities, establish themselves in that country. To do that, prior to the date of arrival. they must be able to send their employees to another Member State to carry out the tasks Amid globalization, digital transformation and required. -
Report of the Judges of the Court on Managing Transitions in the Judiciary
30 January 2020 Report of the judges of the Court on Managing Transitions in the Judiciary I. Introduction 1. “Transitions”, for purposes of this memorandum, means the process of bringing the service of judges to a close upon the statutory end of their term; as the replacement judges commence their service. 2. A key challenge in the management of transitions in the judiciary is that posed by the end of mandate of one-third of the Court’s judges every three years. This necessitates proper management of the circumstances resulting in the continuation in office of a judge who remains at the Court to complete a trial or appeal in accordance with article 36(10) of the Rome Statute, even though her or his mandate has expired.1 To date, 10 judges have had extensions of mandate under this provision, the duration of which has ranged from several months2 to several years (i.e. between approximately 1.5 – 4 years).3 The present report focuses on this issue. It is an issue the current Presidency has taken up on its own to try and resolve – long before its resonance in aspects of the Draft Non-Paper produced by the Bureau of the ASP. By way of the latter, States Parties have identified the possible need to ‘[d]evelop and implement clear and firm procedures for managing transitions in the judiciary, such as the use of alternate judges, handover strategies etc’.4 1 Article 36(10) provides: ‘Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39 shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber’. -
The Right to Reparations for Acts of Torture: What Right, What Remedies?*
96 STATE OF THE ART The right to reparations for acts of torture: what right, what remedies?* Dinah Shelton** 1. Introduction international obligation must cease and the In all legal systems, one who wrongfully wrong-doing state must repair the harm injures another is held responsible for re- caused by the illegal act. In the 1927 Chor- dressing the injury caused. Holding the zow Factory case, the PCIJ declared dur- wrongdoer accountable to the victim serves a ing the jurisdictional phase of the case that moral need because, on a practical level, col- “reparation … is the indispensable comple- lective insurance might just as easily provide ment of a failure to apply a convention and adequate compensation for losses and for fu- there is no necessity for this to be stated in ture economic needs. Remedies are thus not the convention itself.”1 Thus, when rights only about making the victim whole; they are created by international law and a cor- express opprobrium to the wrongdoer from relative duty imposed on states to respect the perspective of society as a whole. This those rights, it is not necessary to specify is incorporated in prosecution and punish- the obligation to afford remedies for breach ment when the injury stems from a criminal of the obligation, because the duty to repair offense, but moral outrage also may be ex- emerges automatically by operation of law; pressed in the form of fines or exemplary or indeed, the PCIJ has called the obligation of punitive damages awarded the injured party. reparation part of the general conception of Such sanctions express the social convic- law itself.2 tion that disrespect for the rights of others In a later phase of the same case, the impairs the wrongdoer’s status as a moral Court specified the nature of reparations, claimant. -
REFORMING URBAN LAWS in AFRICA a PRACTICAL GUIDE Authors: Stephen Berrisford and Patrick Mcauslan
REFORMING URBAN LAWS IN AFRICA A PRACTICAL GUIDE Authors: Stephen Berrisford and Patrick McAuslan Published by the African Centre for Cities (ACC), Cities Alliance, United Nations Human Settlements Programme (UN-Habitat) and Urban LandMark. African Centre for Cities, University of Cape Town, Environmental & Geographical Science Building, Upper Campus, Rondebosch, 7701, South Africa Cities Alliance, Rue Royale 94, 3rd Floor, 1000 Brussels, Belgium UN-Habitat, United Nations Avenue, Nairobi, Kenya Urban LandMark, c/o Council for Scientific and Industrial Research – Built Environment, Meiring Naudé Road, Pretoria, 0001, South Africa ISBN 978-0-620-74707-3 © Stephen Berrisford 2017 Production, including editing, design and layout by Clarity Editorial cc. All rights reserved. No part of this publication may be reproduced or transmItted, in any form or by any means without prior permission from the publishers. CONTENTS Foreword and acknowledgements 2 Introduction 3 Purpose of this guide 6 Characteristics of urban Sub-Saharan Africa 8 Urban law in Sub-Saharan Africa 9 A new approach to urban legal reform 10 Triggers for urban legal reform 11 Considerations when initiating reforms 14 The importance of meaningful stakeholder consultation 22 Key stakeholder groups 23 Considerations when consulting stakeholders 26 Practical preparations for drafting new urban laws 32 Establish the terms of reference 33 Identify the problem 36 Outline three legal options 40 Generate a policy paper 45 Characteristics of effective urban legislation 46 Passing the responsibility on to politicians 50 Key steps in the legislative process 50 Implementing new urban laws 52 Monitoring the effects of the new law and making adjustments 53 Indicators to measure impact 53 Monitoring and evaluation roles 54 Templates for reporting 54 Conclusion 55 Notes and references 56 Foreword and acknowledgements he idea for this guide emerged at developed, drafted and processed. -
Chapter 753 Circuit Courts
Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. September 17, 2021. 1 Updated 19−20 Wis. Stats. CIRCUIT COURTS 753.04 CHAPTER 753 CIRCUIT COURTS 753.01 Term of office. 753.077 Preservation of judgments. 753.016 Judicial circuit for Milwaukee County. 753.09 Jury. 753.03 Jurisdiction of circuit courts. 753.10 Attendance of officers, pay; opening court. 753.04 Writs, how issued; certiorari. 753.19 Operating costs; circuit court. 753.05 Seals. 753.22 When court to be held. 753.06 Judicial circuits. 753.23 Night and Saturday sessions. 753.0605 Additional circuit court branches. 753.24 Where court to be held. 753.061 Court; branch; judge. 753.26 Office and records to be kept at county seat. 753.065 Naturalization proceedings, venue. 753.30 Clerk of circuit court; duties, powers. 753.07 Circuit judges; circuit court reporters; assistant reporters; salaries; retire- 753.32 Clerks, etc., not to be appraisers. ment; fringe benefits. 753.34 Circuit court for Menominee and Shawano counties. 753.073 Expenses. 753.35 Rules of practice and trial court administration. 753.075 Reserve judges; service. 753.01 Term of office. The term of office of every elected cir- judges, officers and employees thereof with suitable accommoda- cuit judge is 6 years and until the successor is elected and quali- tions, adequately centralized and consolidated, and with the nec- fied, commencing with the August 1 next succeeding the election. essary furniture and supplies and make provision for its necessary History: 1975 c. 61, 178, 199, 422; 1977 c. 187 s. 92; Stats. -
Functions of Reparation Systems
CHAPTER2 Functions of Reparation Systems INTRODUCTION In order to think effectively about the diversity of reparation systems and what they accomplish, it may be useful to attempt an analysis of the functions which might be desired in reparation systems and to note how these functions seem to be served at the present time. One may start by asking why reparation should be made at all; a dozen ideas come quickly to mind. "Justice" and "fairness" may lead the list and will as quickly be laid aside as one recalls the end less disputes about what is just and fair. To some observers, justice imperatively demands a negligence standard, while the negligence standard is just as clearly unjust in the minds of others. Further more, a little investigation reveals that there is no unanimity among civilized countries, nor among advanced and industrialized countries, nor among Christian and free-enterprise countries, about what is "just" or "fair" in this sphere. In any event, "justice" seems to be a package of ideas which can be better understood if they are pulled apart and examined one by one. It would be easy to list twenty or thirty distinguishable objec tives of reparation, but it will probably prove more useful to pre sent a smaller number of categories under which functions may be grouped and to employ concepts broad enough to accommodate items more numerous than can be detailed here. To this end, reparation functions will be discussed under the following head ings: 1. Conferring benefits on injury victims and their families 2. Allocating the burdens of reparation 75 76 INJURY REPARATION IN THE UNITED STATES 3. -
2018.05 May Newsletter
400 14th Avenue North Myrtle Beach, SC 29577 843-918-1275 www.chapinlibrary.org Hours: Mon.-Thurs. 9am-7pm * Fri. 9am-6pm * Sat. 9am-5pm FREE library cards to City of Myrtle Beach residents with government issued photo identification. We’re not just books… Audio & E-Books * DVDs * Magazines * Live Programs Universal Class – Online General Interest Courses Like our Facebook page at https://www.facebook.com/chapinlibrarymb May is National Elder Law Month. Please share Patriotic Book Bingo this information regarding programs geared especially for Thursday, May 3 * 4:00pm to 6:00pm Elders. Spread the word and assist others needing help. Our theme will be patriotic book titles instead of numbers. Wear your red, white and blue and join us. Snacks and Free Legal Clinic prizes will be provided. Doors open at 4:00pm. For more information, call Customer Services at 843-918-1275. Simple Wills & Advance Directives Clinic Tuesday, May 1 * 2:00pm to 3:00pm Free Legal Clinic An attorney from South Carolina Legal Services office will be Elder Law Issues here to explain what you need to consider when preparing a Tuesday, May 8 * 6:00pm to 7:00pm Last Will and Testament. Learn about the following: Elder Law Issues legal clinic will provide general information Things to consider when writing your Will. on the topic. The clinic will consist of a 30-45 minute Choosing a Personal Representative and why this is an presentation followed by an open question and answer important step. session with an attorney. For more information, call the South Execution of the Will. -
A Process Evaluation of the NCVLI Victims' Rights Clinics
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Finally Getting Victims Their Due: A Process Evaluation of the NCVLI Victims’ Rights Clinics Author: Robert C. Davis, James Anderson, Julie Whitman, Susan Howley Document No.: 228389 Date Received: September 2009 Award Number: 2007-VF-GX-0004 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Finally Getting Victims Their Due: A Process Evaluation of the NCVLI Victims’ Rights Clinics Abstract Robert C. Davis James Anderson RAND Corporation Julie Whitman Susan Howley National Center for Victims of Crime August 29, 2009 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. -
International Criminal Justice in Africa, 2016
International Criminal Justice in Africa, 2016 HJ van der Merwe Gerhard Kemp (eds) Strathmore University Press is the publisher of Strathmore University, Nairobi. INTERNATIONAL CRIMINAL JUSTICE IN AFRICA, 2016 Copyright © Konrad Adenauer Stiftung ISBN 978-9966-021-17-5 Year of publication 2017 Cover design and Layout by John Agutu Email: [email protected] Printed by Colourprint Ltd., P.O. Box 44466 – 00100 GPO Nairobi CONTENTS List of editors and authors ............................................................................... v Abbreviations .................................................................................................. vii List of Cases .................................................................................................... xi List of Legal Instruments ................................................................................ xxi Preface ............................................................................................................. xxxiii Introduction ..................................................................................................... xxxv Annual Report 2016 .............................................................................. xli HJ van der Merwe Introduction ..................................................................................................... xlix Rapport Annuel 2016 ............................................................................ lvi HJ van der Merwe 1. The Present and Future of Universal Jurisdiction in Africa: Lessons