Law & Society: The Legal Profession eJournal最新文献

{"title":"The Convention-Constitution Standoff: Resolving the Most-Senior-Judge Conundrum in Appointment of Substantive Chief Judges for States in Nigeria","authors":"Sylvester Udemezue, Vivien Chioma Anukanti","doi":"10.2139/ssrn.3873567","DOIUrl":"https://doi.org/10.2139/ssrn.3873567","url":null,"abstract":"The head of the High Court of a State in Nigeria is known as the Chief Judge of the State. Section 271(1) of the Constitution of the Federal Republic of Nigeria, 1999 provides that the appointment of a person to the office of substantive Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State. By virtue of section 271(4) of the Constitution, if the office of Chief Judge of a State becomes vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the Governor of the State shall appoint the most senior Judge of the State High Court to perform those functions. However, the Governor as the appointing authority and the National Judicial Council as the recommending authority, have always been at loggerheads over the latter`s insistence that the most senior judge in a State be appointed the substantive Chief Judge of the State. The position of the NJC is based on the convention within the legal profession, which places great premium on adherence to seniority and professional hierarchy. On the other hand, State Governors believe they possess a constitutional discretionary powers to appoint as the substantive Chief Judge of the State, any person qualified for such appointment, irrespective of whether such a person is or is not the most senior judge in the State. The insistence of the NJC that the convention pertaining to seniority must be respected, has more often than not, set the NJC on a collision course with various State Governors in Nigeria, usually leading to stalemates in the process of such appointments which, in turn adversely affect the smooth operations of affected State High Courts and the administration of justice in general. The latest of such conflicts was in Gombe State of Nigeria where the NJC insistence on seniority (conventionalism) and the Gombe State Governor’s insistence on constitutionalism has left the State without a substantive Chief Judge up to the time of this paper. This paper is the first part of a two-armed dispassionate examination of all issues surrounding this seemingly unending conflict, the aim of the authors being to expose the actual position of extant law on the subject with a view to recommending solutions founded on rule of law, realism and democratic constitutionalism. Using the scenario in Gombe State as a case study, and drawing from provisions of the National Judicial policy, the paper discusses the position of rule of law, and why religious adherence to the supremacy of rule of law is the best way out of the persistent logjam. The second part of this discussion, already concluded and sent for publication, is titled “Limits of the Recommending Powers of the Nationa","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115853167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rise of Arbitraion in Financial Institution","authors":"Vikash Kumar","doi":"10.2139/ssrn.3872029","DOIUrl":"https://doi.org/10.2139/ssrn.3872029","url":null,"abstract":"Arbitration as a means to dispute resolution is most favorable as compared to litigation. There are numerous benefits and advantages are given to parties that make them choose arbitration to settle their dispute. Even there are some disadvantages too but the way arbitration is becoming more accessible to get justice within stipulated time period making it grow higher in the near future. In the finance sector, arbitration is being used very frequently. The guidelines and various rules are framed to increase arbitration in the finance sector. The rules like FINRA administered arbitration and P.R.I.M.E. Finance among others. In the finance sector, people want speedy and confidential dispute resolution this makes them choose arbitration over the other traditional method. In this research paper, the need for arbitration in the finance sector is discussed. This paper focuses on how the financial sector is going to be benefited if they adopt arbitration to settle disputes. Some of the international reports and guidelines are also discussed which shows the proper procedure adopting arbitration and finance sector. Finally, the summary procedure that is adopted in arbitration is discussed.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125699694","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"National Blockchain Laws as a Threat to Capital Markets Integration","authors":"Matthias B. Lehmann","doi":"10.2139/ssrn.3857495","DOIUrl":"https://doi.org/10.2139/ssrn.3857495","url":null,"abstract":"Various states have started providing private law frameworks for blockchain transfers \u0000and crypto assets. The first acts have been adopted by France and Liechtenstein, \u0000while a commission of the British government sees no difficulties in extending property \u0000protection under the Common law to crypto assets. In the US, an amendment to the \u0000Uniform Commercial Code has been suggested, which has not stopped some States \u0000going their own, different way. The aim in all cases is to promote the use of modern \u0000distributed ledger technology and enhance investor protection. \u0000While these initiatives will increase legal certainty, they differ significantly. This \u0000has an important downside: there is a strong risk that the blockchain will be made \u0000subject to diverging legal rules. Similar to the world of intermediated securities, various \u0000national laws will need to be consulted to determine the rights and privileges of \u0000investors. This may increase transaction costs, thwart interoperability and produce \u0000thorny conflict-of-laws problems. Markets risk being fragmented into national \u0000segments, with an inevitable diminution of their depth and liquidity. \u0000As a remedy, this article suggests developing uniform rules for the blockchain. \u0000Before national legislators and judges once again divide the world through \u0000idiosyncratic rules, the private law of crypto assets should be harmonised to the \u0000highest degree possible. Uniform rules should ideally be forged at the global level, by \u0000fora like the International Institute for the Unification of Private Law (UNIDROIT), the \u0000United Nations Commission on International Trade Law (UNCITRAL), and the Hague \u0000Conference on Private International Law. In the absence of world-wide rules, \u0000uniformisation of private law should take place at the regional level, for instance by the \u0000European Union. The article makes specific suggestions as to how this can be \u0000achieved and what the content of those rules should be.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127105219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Banking Frauds: In Relation to PNB Scam","authors":"Devansh Shekhar","doi":"10.2139/ssrn.3687748","DOIUrl":"https://doi.org/10.2139/ssrn.3687748","url":null,"abstract":"This paper talks about letter of undertaking and banking fraud with reference to PNB Nirav Modi scam. This paper focuses on the enterprise letter, i.e. the meaning, issuance procedure, the need for the present company letter status and the difference between the business letter and the credit letter. The letter is a payment assurance under which a lender allows the borrower to collect capital from the financial office of another Indian bank in the form of a short-term credit. Many Indian banks are more inclined towards loans and earnings in the current competitive banking scenario that lead to ignorance by Indian Banks of their banking standards. For Nirav Modi, in India's second largest bank, PNB, the bank's officials in connivance with diamond and jewelry traders Nirav Modi took advantage of information lacunes and lax processes to defraud money that may amount to RS.11345 crore. The scope of the loan is claimed to stretch beyond what is stipulated in the laws of law, which contributed to such a great attack, in the Nirav Modi-Mehil Choksi case. This article also deals with bank fraud in relation to PNB Nirav Modi scams. Bank fraud is the use of possibly illegal ways to collect cash and property or by acting fraudulently as a bank or any other financial entity to receive capital from depositors, operated or controlled by a financial institution. Bank theft is a serious act in many cases. Although the particular elements of banking legislation vary according to jurisdiction.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133590629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Paying for Law School: Law Student Loan Indebtedness and Career Choices","authors":"Cj Ryan","doi":"10.2139/ssrn.3527863","DOIUrl":"https://doi.org/10.2139/ssrn.3527863","url":null,"abstract":"Student loan debt has reached crisis levels, topping $1.64 trillion dollars this year and surpassing credit card debt to become the second largest source of debt held by Americans. When discussing student loan debt, it is easy to fixate on the aggregate impact of the burdens this debt places on taxpayers, the economy, and borrowers alike, such as the depressive effects that student loan debt has on marriage, homeownership, and entrepreneurship. Yet, a discussion of which graduates are saddled with the largest student loans and how their debt obligations impacts their career choices is often absent from conversations about student debt and has been understudied to date. This Article contributes to the discourse about student loan debt and its potentially negative externalities by investigating responses from an original survey administered at four law schools, revealing novel findings about law students’ expected debt loads, career choices, and intentions to participate in the Public Service Loan Forgiveness program. \u0000 \u0000In Part I of this Article, the student loan crisis is more closely examined with particular emphasis on its salience for law school graduates. In addition, the first part of this Article provides credible descriptive evidence that rates and amounts of borrowing to attend law school impact law students differentially on the basis of their endowed characteristics, such as race and parental education. Next, Part II explores the Public Service Loan Forgiveness program, describing the program’s creation and implementation, in addition to evaluating its efficacy and the direct and indirect costs of its administration. Part III discusses two pervasive issues within the legal academy with significant social implications — the access-to-justice gap and the public-interest drift — against the backdrop of the student loan crisis and the possible answers that the Public Service Loan Forgiveness program could provide in addressing these issues. Part IV describes the data collected from the original survey, the methods used to analyze these data, and reports and discusses the results. The findings reported in Part IV offer insight into how a law student’s endowed and acquired traits influence their career intentions and provide evidence of the causal relationship between loan debt and career choice and intentions to enroll in the Public Service Loan Forgiveness program. Finally, this Article concludes by suggesting that the Public Service Loan Forgiveness program presents the best available option to address problems stemming from the access-to-justice gap and the public-interest drift, while also offsetting the negative effects of structural stratification in legal education.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121104454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"In-House Lawyers and Non-Executive Directors: A Discussion About Best Practice","authors":"R. Moorhead, T. Clark, A. Brener, P. Gilbert, S. Vaughan","doi":"10.2139/SSRN.3410929","DOIUrl":"https://doi.org/10.2139/SSRN.3410929","url":null,"abstract":"Non-executive directors (NEDs) perform a central role in corporate governance, in providing effective challenge to executives. In-house lawyers (IHLs) are central to an organisation’s ability to function effectively and within the law. The relationships between the two constituencies is sometimes not as strong as it might be. In this paper we set out a tentative framework to enable businesses to ensure that NEDs and IHLs have a stronger understanding of each other’s roles and how they can support each other in those roles.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"5 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113963788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"From a 'Culture of Unwellness' to Sustainable Advocacy: Organizational Responses to Mental Health Risks in the Human Rights Field","authors":"Margaret L. Satterthwaite, Sarah Knuckey, Ria Singh Sawhney, K. Wightman, R. Bagrodia, Adam D. Brown","doi":"10.2139/SSRN.3393638","DOIUrl":"https://doi.org/10.2139/SSRN.3393638","url":null,"abstract":"Human rights advocates are exposed to significant stressors and harms of myriad forms, and suffer elevated levels of post-traumatic stress disorder, depression, and burnout. Yet research into mental health and human rights is nascent. This global study, the first of its kind, and based on interviews with advocates at 70 organizations from 35 countries and dozens of experts, mapped how human rights organizations are responding to the mental health and well-being needs of advocates. The study found that, generally, organizations have responded poorly and much more needs to be done at all levels—individual, organizational, and field-wide. \u0000 \u0000The study addressed: \u0000 \u0000(1) sources of stress and the harms advocates see as resulting from poor mental health and stress exposure; \u0000 \u0000(2) the challenges to improving well-being; and \u0000 \u0000(3) positive organizational practices for supporting well-being and building more resilient advocates and organizations. \u0000 \u0000The study concludes with recommended next steps, including further research, knowledge-sharing, and tailored education and trainings.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125357894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Tax Professor's Guide to Formative Assessment","authors":"Heather M. Field","doi":"10.5744/FTR.2019.1001","DOIUrl":"https://doi.org/10.5744/FTR.2019.1001","url":null,"abstract":"The ABA Standards now require formative assessment to be integrated into law school courses, and there is extensive literature, both in legal education and education more generally, about the goals and methods for formative assessment. This Article makes the key insights of that literature accessible and actionable for professors teaching tax courses. This crash course on formative assessment is intended to enable tax professors to integrate formative assessment into their classrooms effectively and efficiently without having to become legal pedagogy scholars in addition to being tax law scholars. The formative assessment techniques discussed herein range from those that require relatively little time and effort to those that may be particularly impactful but that require additional time and work. This Article also discusses strategies for reducing the burden of even the work-intensive approaches. Ultimately, by using numerous examples from basic federal income tax, corporate tax, and partnership tax courses, I hope to make it easier for tax professors to figure out which approach(es) to formative assessment is(are) likely to work best for their students, make it easier for tax professors to implement their chosen formative assessment techniques in their classrooms, and make it easier for tax professors to achieve their goals for their classes as successfully as possible, all at as little cost as possible.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"234 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114086320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Blockchainizing Food Law: Implications for Food Safety, Traceability, and Sustainability","authors":"Ching-Fu Lin","doi":"10.2139/ssrn.3387467","DOIUrl":"https://doi.org/10.2139/ssrn.3387467","url":null,"abstract":"In 2017, IBM announced a collaboration with a few major food producers and retailers, including inter alia Dole, Nestle, Tyson Foods, Kroger, Unilever, and Walmart, to leverage disruptive technologies such as distributed ledger technologies (DLTs, colloquially known as “blockchain”) to address imminent governance challenges along the global food supply chain. Walmart has further required its upstream suppliers of leafy greens to use the cloud- and blockchain-based “IBM Food Trust” platform by September 2019. Similarly, the World Food Programme (WFP) of the United Nations launched the “Building Block” program since 2017. Using iris-scanning technologies and blockchains, this program helped Syrian refugees verify their identities and directly deduct what they spend from the amount of aid they receive from the WFP. Initiatives as such have the potential to help retailers and consumers to pinpoint sources of contamination at times of outbreaks or provide production details and quality certifications (e.g. product origin, farm history, processing and shipping information, and fair trade or safety/sustainability standards). Blockchains can also be combined with smart contract systems or other AI techniques to increase efficiency, simplify transactions, ensure compliance and security, and promote trade facilitation across borders. \u0000 \u0000While the far-reaching ramifications of blockchain technologies in the financial area (such as fintech and cryptocurrency issues) have been documented in media, literature, and political arenas in recent years, the opportunities as well as challenges posed by blockchain to food safety, traceability, and sustainable development have not been fully examined. The benefit of applying blockchain technologies in the global food supply chain seems salient: transforming paper-based documents into blockchain-enabled identity can, generating a high level of transparency and data integrity, enabling smaller farmers to bypass middlemen in crops trading and cash transfers, and providing efficient and cost-effective way to manage the production system. However, blockchainizing the food supply chain may pose legal and policy challenges to both developed and developing (especially underdeveloped) countries in different ways, which may in turn undermine the overall legitimacy and accountability of such techno-regulatory mechanism. \u0000 \u0000This paper therefore aims to explore the potential of blockchain technologies in revolutionizing the global food supply chain in terms of food safety, traceability, and sustainable development. More specifically, this paper will examine concrete cases in which blockchains have effectively transformed how we conventionally think about food safety, certification, and traceability (which has by and large been manual and paper-based, and therefore a labor-intense and time-consuming). At the same time, when all participants in the global supply chain are being connected and required to upload their data to the cloud","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"100 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123548590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Network of Law Reviews: Citation Cartels, Scientific Communities, and Journal Rankings","authors":"Oren Perez, J. Bar-Ilan, R. Cohen, N. Schreiber","doi":"10.1111/1468-2230.12405","DOIUrl":"https://doi.org/10.1111/1468-2230.12405","url":null,"abstract":"Research evaluation is increasingly being influenced by quantitative data. The legal field has not escaped the impact of such metrics. Law schools and legal journals are being ranked by multiple global rankings. The key rankings for law schools are the Times Higher Education and Shanghai University Subject Rankings for law and SSRN Ranking for U.S. and International law schools. Law Journals are measured by four different rankings: Clarivate Analytics Web of Science Journal Citation Reports (JCR), CiteScore from Elsevier, Scimago and Washington and Lee. Despite the opposition from the scientific community these metrics continue to flourish. The article argues journal rankings (as other metrics) are the consequence of theory-laden choices that can influence their structure and their pretense of objectivity is therefore merely illusory. We focus on the influential ranking of law journals in JCR and critically assess its structure and methodology. In particular, we consider the question of the existence of tacit citation cartels in the U.S. law reviews market and the attentiveness of the JCR for the potential influence of such tacit cartel. To examine this question we studied a sample of 90 journals included in the category of Law in the JCR: 45 U.S. student-edited (SE) and 45 peer-reviewed (PR) journals. We found that PR and SE journals are more inclined to cite members of their own class, forming two separated communities. Close analysis revealed that this phenomenon is more pronounced in SE journals, especially generalist ones. This tendency reflects, we argue, a tacit cartelistic behavior, which is a product of deeply entrenched institutional structures. Because U.S. SE journals produce much more citations than PR journals, the fact that their citations are directed almost exclusively to SE journals elevates their ranking in the Journal Citation Reports in a way that distorts the structure of the ranking. This distortion can hamper the production of legal knowledge. We discuss several policy measures that can counter the adverse effects of this situation.","PeriodicalId":330356,"journal":{"name":"Law & Society: The Legal Profession eJournal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121595504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}