Download or read book Outsourcing Justice written by Imre Szalai and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is a method of dispute resolution in which parties agree to submit their dispute to a private, neutral third person, instead of a traditional court with a judge and jury. This private system of arbitration, which is often confidential and secretive, can be a polar opposite, in almost every way, to the public court system. Over the past few decades, arbitration agreements have proliferated throughout American society. Such agreements appear in virtually all types of consumer transactions, and millions of American workers are bound by arbitration agreements in their employment relationships. America has become an "arbitration nation," with an increasing number of disputes taken away from the traditional, open court system and relegated to a private, secretive system of justice. How did arbitration agreements become so widespread, and enforceable, in American society? Prior to the 1920s, courts generally refused to enforce such agreements, and parties had the right to bring their disputes to court. However, during the 1920s, Congress and state legislatures suddenly enacted ground-breaking laws declaring that arbitration agreements are "valid, irrevocable, and enforceable." Drawing on previously untapped archival sources, this book explores the many different people, institutions, forces, beliefs, and events that led to the enactment of modern arbitration laws during the 1920s, and this book examines why America's arbitration laws radically changed during this period. By examining this history, this book demonstrates how the U.S. Supreme Court has grossly misconstrued these laws and unjustifiably created an expansive, informal, private system of justice touching almost every aspect of American society and impacting the lives of millions. Professor Szalai maintains a blog on arbitration at outsourcingjustice.com. "Recommended. General readers, upper-division undergraduate students, and above." -- CHOICE Magazine

Download or read book Outsourcing Legal Services Impact on National Law Practices written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 2012-03-01 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue of the Comparative Law Yearbook of International Business addresses an important development in the globalization of international law practices, the outsourcing legal services. Practitioners from the Czech Republic, Estonia, France, Germany, Gibraltar, India, Indonesia, Italy, Japan, Malaysia, Nigeria, Portugal, Romania, Spain, Switzerland, the United Kingdom, and the United States address a range of issues, including outsourcing legal issues from a law department in a company to a law firm, the monopoly of a country’s law firm for legal advice, sending legal advice to partner law firms abroad, and utilizing foreign providers of basic legal and transactional services (such as services offered in India and The Philippines) for routine legal tasks.

Download or read book Outsourcing Legal Aid in the Nordic Welfare States written by Olaf Halvorsen Rønning and published by Springer. This book was released on 2017-12-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.

Download or read book The outsourcing of legal services written by Singh Dharamveer and published by Éditions Larcier. This book was released on 2015-10-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic globalization is transforming practically every service sector. The legal industry that has long remained insulated too has not remained untouched by the effects of globalization. The outsourcing of legal services in the past one decade has transformed the legal landscape. Legal outsourcing to India is becoming increasingly popular among U.S. and European law firms and corporations. This book broadly seeks to discuss three main topics surrounding legal process outsourcing (LPO): its emerging trends, the legal challenges it raises and the hitherto unrecognized potential it holds. Firstly, this book clarifies concepts of LPO and its operating models practiced by U.S. and U.K. law firms and corporations. Secondly, the outsourcing of legal services creates significant challenges for ethics rules including conflict of interests, attorney-client privilege, supervision and fee sharing. Thirdly, this research explores the hidden potential of LPO to improve access to justice. This book develops an altogether new proposal where Indian LPO professionals could help alleviate the access to justice problem among indigent and low-income populations of the United States.

Download or read book Private Security Public Order written by Simon Chesterman and published by OUP Oxford. This book was released on 2009-11-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms. Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.

Download or read book Outsourcing IT The Legal Aspects written by Rachel Burnett and published by CRC Press. This book was released on 2016-05-13 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outsourcing has increased and developed immensely in scope, sophistication and ambition over the last twenty years - and continues to evolve. Information technology outsourcing is potentially highly complex and risk-laden, especially for the fast growing areas of business process and transformational outsourcing, and where whole departments or business areas are outsourced. Decisions taken by the customer at the outset have long term ramifications: they need to ensure that the processes are flexible enough to deal with change, maintain necessary levels of security, avoid abandoning management of key resources and prevent costs spiralling out of control. It is essential to have a good contract to meet such challenges. All these issues and others, such as intellectual property arrangements, the complexities of transferring staff, property and other assets, tendering procedures and performance monitoring, must not be ignored and are addressed in the second edition of Rachel Burnett's successful Outsourcing IT. Whether you are a supplier or a customer, it is vital to have a properly negotiated formal contract if you are entering into an outsourcing arrangement. A good contract needs careful planning and this book provides a comprehensive guide to the whole process. Well-planned and well-structured outsourcing arrangements, by well-informed and well-advised customers, are far more likely to work for both customer and supplier alike and Outsourcing IT - The Legal Aspects: Planning, Contracting, Managing and the Law is the perfect place to start.

Download or read book Outsourcing Sovereignty written by Paul R. Verkuil and published by Cambridge University Press. This book was released on 2007-12-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.

Download or read book Outsourcing the Law written by Pauline Westerman and published by Edward Elgar Publishing. This book was released on with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not only can services such as cleaning and catering be outsourced, but also governmental tasks such as making, applying and enforcing the law. Outsourcing the law is usually recommended for its cost-efficiency, flexibility, higher rates of compliance and its promise of deregulation. However, lawmaking is not the same as cleaning and rules are more than just tools to achieve aims. In this timely book, Pauline Westerman analyses this outsourcing from a philosophical perspective.

Download or read book Outsourcing Justice written by Ursula Castellano and published by Firstforumpress. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do pretrial release programs, initiated and now operated by a range of nonprofit organizations to redress the inequalities of the bail system, affect the administration of justice? Specifically, do they lessen the barriers to justice often faced by poor and minority defendants? Ursula Castellano¿s ethnographic study of four pretrial release programs reveals the often unintended consequences of incorporating social service nonprofits in the criminal court process. Castellano explores the intimate workings of pretrial release programs to show how contract caseworkers now play a critical role at nearly every stage of the criminal justice process¿and also how well-intentioned nonprofits can end up compromising the traditional adversarial legal process in the name of treatment, sometimes in ways that are detrimental for defendants. In the process, she raises new questions about the increasing involvement of nonprofits in the operation of government.

Download or read book Legal aspects of outsourcing contracts in the pharmaceutical industry A practical guide written by and published by Pharmalicensing. This book was released on with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Translation Outsourced written by Juliette R. Scott and published by . This book was released on 2019 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of globalization, cross-border transactions and litigation, and multilingual legislation, outsourcing legal translation has become common practice. Unfortunately, over-reliance on such outsourcing has given rise to significant dangers, including information asymmetry, goal divergence, and risk. Legal Translation Outsourced provides the only current reference on commercial legal translation performed outside institutions. Juliette Scott casts a critical eye on the practice as it now stands, offering an analysis of key risks and constraints. Her work is informed by empirical data of the legal translation outsourcing markets of 41 countries. Scott proposes original theoretical models aimed both at training legal translators and informing all stakeholders, including principals and agents. These include models of legal translation performance; a classification of constraints on legal translation applying upstream, during and downstream of translation work; and a description of the complex chain of supply. Working to improve the enterprise itself, Scott shows how implementing a comprehensive legal translation brief--a sorely needed template--can significantly benefit clients by increasing the fitness of translated texts. Further, she opens a number of avenues for future research with an eye to translator empowerment and professionalization.

Download or read book Outsourcing Repression written by Lynette H. Ong and published by Oxford University Press. This book was released on 2022 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulldozers, violent thugs, and nonviolent brokers -- The theory : state power, repression, and implications for development -- Outsourcing violence : everyday repression via thugs-for-hire -- Case studies : thugs-for-hire, repression, and mobilization -- Networks of state infrastructural power : brokerage, state penetration, and mobilization -- Brokers in harmonious demolition : mass mobilizers, mediators, and huangniu -- Comparative context : South Korea and India.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Outsourcing the Womb written by France Winddance Twine and published by Routledge. This book was released on 2012-08-06 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: A quiet revolution has been taking place during the past three decades. The way that children enter families has changed radically among upper middle class families. In the 1980s infertility increasing became defined as a medical problem that could be solved with assisted reproductive technologies (ART) rather than through adoption. Asexual or ‘assisted conception’ involving medical technologies such as in vitro fertilization and embryo transfers began to replace sexual reproduction for infertile couples. Third parties, referred to as surrogates are hired to assist individuals and/or couples who wish to conceive and child with whom they share a genetic tie. This has resulted in a ‘surrogate baby boom.’ Outsourcing the Womb provides a critical introduction to the global surrogacy market. A comparative analysis of the assisted reproductive technology and surrogacy industry in Egypt, Israel, India and the United States disentangles the intersecting roles of race, religion, class inequality, religious law, and global capitalism. Gestational surrogacy challenges the idea of ‘natural’ reproduction and of the meaning of parenthood. What role should the state play in providing individuals and families with access to reproductive technologies? This book concludes with a discussion of ‘reproductive justice’. The goal of this new, unique series is to offer readable, teachable "thinking frames" on today’s social problems and social issues by leading scholars, all in short 60 page or shorter formats, and available for view on http://routledge.customgateway.com/routledge-social-issues.html For instructors teaching a wide range of courses in the social sciences, the Routledge Social Issues Collection now offers the best of both worlds: originally written short texts that provide "overviews" to important social issues as well as teachable excerpts from larger works previously published by Routledge and other presses.

Download or read book States of Justice written by Oumar Ba and published by Cambridge University Press. This book was released on 2020-07-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

Download or read book Outsourcing the Womb written by France Winddance Twine and published by Routledge. This book was released on 2015-03-27 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through case studies, Outsourcing the Womb, Second Edition provides a critical analysis and global tour of the international surrogacy landscape in Egypt, India, China, Japan, Israel, Ukraine, the European Union and the United States. By providing a comparative analysis of countries that have very different policies, this book disentangles the complex role that race, religion, class inequality, legal regimes, and global capitalism play in the gestational surrogacy market. This book provides an intersectional frame of analysis in which multiple forms of social inequality and power differences become institutionalized and restrict the access of some individuals and families while privileging others, and concludes with a discussion of "reproductive justice" and "reproductive liberty." It is an ideal addition to courses on social problems, race, gender, and inequality.

Download or read book Outsourcing Duty written by Michael Robillard and published by Oxford University Press. This book was released on 2022 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Are contemporary soldiers exploited by the state and society which they defend? More specifically, have America's professional service members been uniquely exploited insofar as they have disproportionately carried the moral weight of America's collective war-fighting decisions since the inception of the all-volunteer force post-Vietnam and particularly since 9/11? In this work, Michael Robillard and Bradley Strawser argue that many of American soldiers have indeed been exploited in this unique way. By offering their original normative theory of 'moral exploitation'; the notion that persons or groups can be wrongfully exploited by being made to shoulder an excessive amount of moral responsibility, moral risk, and exposure to 'dirty hands', Robillard and Strawser make the case that such a state of affairs indeed describes America's present relationship with her military. By offering a thorough and in-depth analysis of some of the exploitative and misleading elements of present-day military recruitment, the pernicious civil-military divide existing between military members and the civilian principle both within the organs of government and the public at large, and the stifling effect that 'Thank You for Your Service', 'I support the troops' culture has had on serious public engagement concerning America's ongoing wars, Robillard and Strawser offer a tour de force of eye-opening arguments on the demoralizing state of affairs for the American soldier. They conclude by arguing for several normative and prudential prescriptions to help close this ever-widening fissure existing between America and its military and existing within America herself. In so doing, their work gives a much needed and urgent voice to America's other 1%"--