756 resultados para 180121 Legal Practice, Lawyering and the Legal Profession


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In 2008, the European Union published its Directive on mediation in civil and commercial matters, offering general regulation of this conflict resolution system, its principles, and its objectives. Social workers have for some time defended their role as mediators, but this reality has changed and mediation appears to have taken shape as an independent profession due to existing regulation, its introduction to universities and the implementation of training courses. This article analyses the differences between the two professions: mediator and social worker. It also considers the mediation that is carried out in the community context. Community mediation is a perfect tool for achieving a changed understanding of public social services, seeking to encourage citizens to participate in and take responsibility for community life and thereby to become active citizens as envisaged by the 2012 Global Agenda for Social Work. However, mediation in this context has certain peculiarities, and at times confusion may arise between the figures of social worker and mediator.

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In this study three chronicles from national newspapers (one generalist and two sport press) were analyzed. The chronicles belong to Spain’s soccer final of the King’s Cup in 2014. The aim of the study was to know if there was any influence on the readers’ perception of justice and consequently if this influence could cause a particular predisposition to participate in acts of protest. 462 university students participated. The results showed that different chronicles caused differences in the perception of justice depending on the chronicle read. However, a clear influence on the willingness to participate in acts of protest was not obtained. These results should make us think about the impact of sport press and its influence, and to be aware of the indirect responsibility of every sector on the antisocial behaviors generated by soccer in our country.

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The intersection of gender, welfare and immigration regimes has been one of the main focus of a rich scholarship on paid domestic work in Europe. This article brings into the discussion the nexus of employment and immigration law regimes to reflect on the role of legal regulation in structuring and reducing the vulnerability of domestic workers. I analyse this nexus by looking at the cases of Cyprus and Spain, two states falling under the cluster of Southern Mediterranean welfare regimes, that share certain characteristics in terms of immigration regimes, but have substantially different employment law regulation models. The first part sketches the debate on the employment law regulation of domestic work. The second part starts by giving an overview of the immigration regimes of Cyprus and Spain in relation to migrant domestic workers and then proceeds to analyse the two countries’ models and substance of employment law regulation in domestic work. The comparison of these two divergent approaches informs the debate on how the legal regulation of domestic work should be best structured. In Spain there have been recent dynamic legislative changes in the employment law regulation of domestic work. The final part of the article traces these changes and reflects on why such processes have not taken place in Cyprus.

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Este artículo hace una reconstrucción crítica de la visión de Keynes sobre la relación entre gasto público, tipo de interés, salarios y desempleo, tal y como se formula en su Tratado sobre el Dinero. El trabajo defiende que el enfoque de Keynes lleva a propuestas de política económica que enfatizan la necesidad de intervención estatal directa en la provisión de bienes y servicios. Esta conclusión se deriva de una interpretación circuitista de su obra.

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This work focuses on the study of the circular migration between America and Europe, particularly in the discussion about knowledge transfer and the way that social networks reconfigure the form of information distribution among people, that due to labor and academic issues have left their own country. The main purpose of this work is to study the impact of social media use in migration flows between Mexico and Spain, more specifically the use by Mexican migrants who have moved for  multiple years principally for educational purposes and then have returned to their respective locations in Mexico seeking to integrate themselves into the labor market. Our data collection concentrated exclusively on a group created on Facebook by Mexicans who mostly reside in Barcelona, Spain or wish to travel to the city for economic, educational or tourist reasons.  The results of this research show that while social networks are spaces for exchange and integration, there is a clear tendency by this group to "narrow lines" and to look back to their homeland, slowing the process of opening socially in their new context.

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This article discusses the challenges of irregular migration for the security of the EU. They are analyzed starting with the European Security Strategy 2003, and the Report on its Implementation, 2008, and notes many failures: The EU Members did not follow the directives adopted in Brussels, the mismanagement of migration and asylum policies, and numerous actions that can be characterized or described as improvised, scattered or irresponsible. The 2016 Global Strategy recognizes these failures and call attention to the European leaders to reconsider how the EU functions and operates, suggesting the need for greater unity and cooperation to achieve a more effective migration policy. However, the article points out that practically all of the sections of the new Strategy dealing with migration were already embodied in previous Strategies, and stress that in parallel with the publication of the 2016 Global Strategy, actions are already undertaken, such as the EU readmission agreements signed with several important third countries of origin.

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The proliferation of weapons of mass destruction (WMD), nuclear, biological and chemical (NBC) is one of the main security challenges facing the international community today. However the new Global Security Strategy of 2016 raises the question of non-proliferation of WMD only as an incidental matter, not addressing directly the threat, a fundamental threat in the regional and global security. This is a clear step backwards for the European common security.

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The Scottish Committee on the History of Parliament was established in 1936 as an offshoot of Col. Josiah Wedgwood's scheme for a collaborative ‘history of parliament’ researched and written on biographical lines. Circumstances, however, determined that the Scottish history would take a separate path. When Wedgwood's scheme was revived in 1951 an unsuccessful attempt was made to reintegrate the two projects. Discussions between the respective managing committees were conflicted and often bad-tempered, focussing on different interpretations of the nature of the united parliament created in 1707. The Scottish committee insisted that it was a new constitutional entity, while the English saw it as a continuation of the Westminster parliament with Scottish MPs added. This story of mutual incomprehension illustrates the profound differences between Scottish and English academics in the writing of parliamentary history, and also reveals a hitherto unobserved element in the development among leading Scottish jurists of a strain of ‘legal nationalism’ based on their interpretation of the constitutional significance of the Union.

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Face-to-face interviews are a fundamental research tool in qualitative research. Whilst this form of data collection can provide many valuable insights, it can often fall short of providing a complete picture of a research subject's experiences. Point of view (PoV) interviewing is an elicitation technique used in the social sciences as a means of enriching data obtained from research interviews. Recording research subjects' first person perspectives, for example by wearing digital video glasses, can afford deeper insights into their experiences. PoV interviewing can promote making visible the unverbalizable and does not rely as much on memory as the traditional interview. The use of such relatively inexpensive technology is gaining interest in health profession educational research and pedagogy, such as dynamic simulation-based learning and research activities. In this interview, Dr Gerry Gormley (a medical education researcher) talks to Dr Jonathan Skinner (an anthropologist with an interest in PoV interviewing), exploring some of the many crossover implications with PoV interviewing for medical education research and practice.

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This paper argues that an important part of ensuring the jurisdictional basis of the crime of aggression is to secure a partnership between the UN Security Council and the ICC. Such a partnership should be conducive towards the reality of holding to account individuals that undertake an illegal use of force. This Paper puts forward guiding principles for a model that would benefit a constructive institutional relationship between the Council and the Court. It is through the application of these five guiding principles that the inclusion of the crime of aggression in the Rome Statute can translate into a constructive relationship between the International Criminal Court and the Security Council for the betterment of international peace and security as well as international justice. I maintain that it would be damaging to both the legitimacy and operational effectiveness of the Security Council and the ICC and detrimental to the overall institutional relationship if the final outcome proves unfavourable to international action against the crime of aggression and nothing more than dead letter law. Essentially the key to a viable cooperation regime between the Court and the Council will hinge on shared objectives regarding the crime of aggression rather than opposing views, namely combating impunity by holding individuals accountable for the illegal use of force.

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This paper begins by outlining and critiquing what we term the dominant anglophone model of neo-liberal community safety and crime prevention. As an alternative to this influential but flawed model, a comparative analysis is provided of the different constitutional-legal settlements in each of the five jurisdictions across the UK and the Republic of Ireland (ROI), and their uneven institutionalization of community safety. In the light of this it is argued that the nature of the anglophone community safety enterprise is actually subject to significant variation. Summarizing the contours of this variation facilitates our articulation of some core dimensions of community safety. Then, making use of Colebatch’s (2002) deconstruction of policy activity into categories of authority and expertise, and Brunsson’s (2002) distinction between policy talk, decisions and action, we put forward a way of understanding policy activity that avoids the twin dangers of ‘false particularism’ and ‘false universalism’ (Edwards and Hughes, 2005); that indicates a path for further empirical enquiry to assess the ‘reality’ of policy convergence; and that enables the engagement of researchers with normative questions about where community safety should be heading.