Una sociedad legalista: Abogados, procuradores de causas y la creación de una cultura legal colonial en Lima y Potosí, 1540–1670

This study deals with the formation, reproduction, and the role in litigation of two branches of the legal profession, lawyers and procurators. They were the experts in charge of civil, criminal, and ecclesiastical litigation during the Old Regime. While the lawyers provided erudite legal advice, procurators oriented and drove the procedure as legal representatives of their clients. The European legal revolutions of the twelfth and thirteenth centuries forged a new legal culture in which the lawsuit was reputed to be the best way to settle disputes. Likewise, that legal culture conferred an important place to specialists as legal facilitators of the contending parties. When Castilians exported their legal system to the New World, they spread a complex and bureaucratic framework, contributing to the reproduction of a class of experts in urban spaces. Lima and Potosi, two urban centers created in the sixteenth century, quickly became significant ‘legal cities’. This dissertation explores how the legal markets of these cities operated, the careers of their specialists, their professional options, social images regarding them, and litigation costs. This study examines the careers of 267 facilitators and demonstrates that they constituted a class of distinctive legal professionals. Legal culture embodies the representation and use of law. The closeness of specialists with litigants, in particular of procurators familiarized the parties with litigation and its complex processes. These specialists forged dominant legal discourses and manipulated juridical order. Litigants were not passive agents of their specialists. Caciques and members of the Hispanicized communities appropriated the law in a visible way as the growing litigiousness illustrates. Colonial law (of a pluralistic basis) was an arena of assertion and discussion of rights by different social actors, encomenderos, leading citizens, widows, native chieftains, artisans, and commoners. This study concludes that this struggle and manipulation served to legitimate the role of those legal experts and gave birth to a complex legalistic society in the Andes under Spanish Habsburg rule.

Secondary stakeholders as agents of influence: Three essays on political risk, reputation, and multinational performance

Organizational researchers have recently taken an interest in the ways in which social movements, non-governmental organizations (NGOs), and other secondary stakeholders attempt to influence corporate behavior. Scholars, however, have yet to carefully probe the link between secondary stakeholder legal action and target firm stock market performance. This is puzzling given the sharp rise in NGO-initiated civil lawsuits against corporations in recent years for alleged overseas human rights abuses and environmental misconduct. Furthermore, few studies have considered how such lawsuits impact a target firm’s intangible assets, namely its image and reputation. Structured in the form of three essays, this dissertation examined the antecedents and consequences of secondary stakeholder legal activism in both conceptual and empirical settings. ^ Essay One argued that conventional approaches to understanding political risk fail to account for the reputational risks to multinational enterprises (MNEs) posed by transnational networks of human rights NGOs employing litigation-based strategies. It offered a new framework for understanding this emerging challenge to multinational corporate activity. Essay Two empirically tested the relationship between the filing of human rights-related civil lawsuits and corporate stock market performance using an event study methodology and regression analysis. The statistical analysis performed showed that target firms experience a significant decline in share price upon filing and that both industry and nature of the lawsuit are significantly and negatively related to shareholder wealth. Essay Three drew upon social movement and social identity theories to develop and test a set of hypotheses on how secondary stakeholder groups select their targets for human rights-related civil lawsuits. The results of a logistic regression model offered support for the proposition that MNE targets are chosen based on both interest and identity factors. The results of these essays suggest that legal action initiated by secondary stakeholder groups is a new and salient threat to multinational business and that firms doing business in countries with weak political institutions should factor this into corporate planning and take steps to mitigate their exposure to such risks.^

"Unfair'' Restaurant Reviews:To Sue Or Not To Sue

In their discussion entitled - “Unfair” Restaurant Reviews: To Sue Or Not To Sue - by John Schroeder and Bruce Lazarus, Assistant Professors, Department of Restaurant, Hotel and Institutional Management at Purdue University, the authors initially state: “Both advantages and disadvantages exist on bringing lawsuits against restaurant critics who write “unfair” reviews. The authors, both of whom have experience with restaurant criticism, offer practical advice on what realistically can be done by the restaurateur outside of the courtroom to combat unfair criticism.” Well, this is going to be a sticky wicket no matter how you try to defend it, reviews being what they are; very subjective pieces of opinionated journalism, especially in the food industry. And, of course, unless you can prove malicious intent there really is no a basis for a libel suit. So, a restaurateur is at the mercy of written opinion and the press. “Libel is the written or published form of slander which is the statement of false remarks that may damage the reputation of others. It also includes any false and malicious publication which may damage a person's business, trade, or employment,” is the defined form of the law provided by the authors. Anecdotally, Schroeder and Lazarus offer a few of the more scathing pieces reviewers have written about particular eating establishments. And, yes, they can be a bit comical, unless you are the owner of an establishment that appears in the crosshairs of such a reviewer. A bad review can kneecap even a popular eatery. “Because of the large readership of restaurant reviews in the publication (consumer dining out habits indicate that nearly 50 percent of consumers read a review before visiting a new restaurant) your business begins a very dangerous downward tailspin,” the authors reveal, with attribution. “Many restaurant operators contend that a bad review can cost them an immediate trade loss of upward of 50 percent,” Schroeder and Lazarus warn. “The United States Supreme Court has ruled that a restaurant owner can collect damages only if he proves that the statement or statements were made with “actual malice,” even if the statements were untrue,” the authors say by way of citation. And that last portion of the statement cannot be over-emphasized. The first amendment to the U.S. Constitution does wield a heavy hammer, indeed, and it should. So, what recourse does a restaurateur have? The authors cautiously give a guarded thumbs-up to a lawsuit, but you better be prepared to prove a misstatement of fact, as opposed to the distinguishable press protected right of opinion. For the restaurateur the pitfalls are many, the rewards few and far between, Schroeder and Lazarus will have you know. “…after weighing the advantages and disadvantages of a lawsuit against a critic...the disadvantages are overwhelming,” the authors say. “Chicago restaurant critic James Ward said that someone dumped a load of manure on his yard accompanied by a note that read - Stop writing that s--t! - after he wrote a review of a local restaurant.” Such is a novel if not legally measurable tack against an un-mutual review.

Discipline And Due Process In The Workplace

In the article - Discipline and Due Process in the Workplace – by Edwin B. Dean, Assistant Professor, the School of Hospitality Management at Florida International University, Assistant Professor Dean prefaces his article with the statement: “Disciplining employees is often necessary for the maintenance of an effective operation. The author discusses situations which require discipline and methods of handling employees, including the need for rules and due process.” In defining what constitutes appropriate discipline and what doesn’t, Dean says, “Fair play is the keystone to discipline in the workplace. Discrimination, caprice, favoritism, and erratic and inconsistent discipline can be costly and harmful to employee relations, and often are a violation of law.” Violation of law is a key phrase in this statement. The author offers a short primer on tact in regard to disciplining an employee. “Discipline must be tailored to the individual,” Dean offers a pearl of wisdom. “A frown for one can cause a tearful outbreak; another employee may need the proverbial two-by-four in order to get his attention.” This is a perceptive comment, indeed, and one in which most would concede but not all would follow. Dean presents a simple outline for steps in the disciplinary process by submitting this suggestion for your approval: “The steps in the disciplinary process begin perhaps with a friendly warning or word of advice. The key here is friendly,” Dean declares. “It could progress to an oral or written reprimand, followed by a disciplinary layoff, terminating in that equivalent of capital punishment, discharge.” Ouch [!]; in order from lenient to strident. Dean suggests these steps are necessary in order to maintain decorum in the workplace. Assistant Professor Dean references the Weingarter Rule. It is a rule that although significant, most employees, at least non-union employees, don’t know is in their quiver. “If an interview is likely to result in discipline, the employee is entitled to have a representative present, whether a union is involved or not,” the rule states. “The employer is not obligated to inform the employee of the rule, but he is obligated to honor the employee's request, if made,” Dean explains. Dean makes an interesting point by revealing that a termination often reflects as much on the institution as it does the employee suffering the termination. The author goes on to list several infractions that could warrant an employee disciplinary action, with possible approaches toward each. Dean also cautions against capricious disciplinary action; if not handled properly a discipline could and can result in a lawsuit against the institution itself.

Casino Drink Policies: Limiting Third-Party Liability

In their efforts to provide an atmosphere or hospitality to their casino customers, many operators will provide complimentary alcoholic beverage service. This practice is fraught with liability, particularly in venues outside of Nevada. Conscientious operators must take every precaution to mitigate the possibility of lawsuit.

Examining moderators of the hindsight bias in the context of civil legal decision -making: Counterfactuals, causal proximity, and self -referencing

The current research sought to clarify the diverging relationships between counterfactual thinking and hindsight bias observed in the literature thus far. In a non-legal context, Roese and Olson (1996) found a positive relationship between counterfactuals and hindsight bias, such that counterfactual mutations that undid the outcome also increased participants’ ratings of the outcome’s a priori likelihood. Further, they determined that this relationship is mediated by causal attributions about the counterfactually mutated antecedent event. Conversely, in the context of a civil lawsuit, Robbennolt and Sobus (1997) found that the relationship between counterfactual thinking and hindsight bias is negative. The current research sought to resolve the conflicting findings in the literature within a legal context. ^ In Experiment One, the manipulation of the normality of the defendant’s target behavior, designed to manipulate participants’ counterfactual thoughts about said behavior, did moderate the hindsight effect of outcome knowledge on mock jurors’ judgments of the foreseeability of that outcome as well as their negligence verdicts. Although I predicted that counterfactual thinking would increase, or exacerbate, the hindsight bias, as found by Roese and Olson (1996), my results provided some support for Robbenolt and Sobus’s (1997) finding that counterfactual thinking decreases the hindsight bias. Behavior normality did not moderate the hindsight effect of outcome knowledge in Experiment Two, nor did causal proximity in Experiment Three. ^ Additionally, my hypothesis that self-referencing may be an effective hindsight debiasing technique received little support across the three experiments. Although both the self-referencing instructions and self-report measure consistently decreased mock jurors’ likelihood of finding the defendant negligent, and self-referencing instructions decreased their foreseeability ratings in studies two and three, the self-referencing manipulation did not interact with outcome knowledge to moderate a hindsight bias effect on either foreseeability or negligence judgments. The consistent pattern of results across the three experiments, however, suggests that self-referencing may be an effective technique in reducing the likelihood of negligence verdicts.^

Examining Moderators of the Hindsight Bias in the Context of Civil Legal Decision-Making: Counterfactuals, Causal Proximity, and Self-Referencing

The current research sought to clarify the diverging relationships between counterfactual thinking and hindsight bias observed in the literature thus far. In a non-legal context, Roese and Olson (1996) found a positive relationship between counterfactuals and hindsight bias, such that counterfactual mutations that undid the outcome also increased participants’ ratings of the outcome’s a priori likelihood. Further, they determined that this relationship is mediated by causal attributions about the counterfactually mutated antecedent event. Conversely, in the context of a civil lawsuit, Robbennolt and Sobus (1997) found that the relationship between counterfactual thinking and hindsight bias is negative. The current research sought to resolve the conflicting findings in the literature within a legal context. In Experiment One, the manipulation of the normality of the defendant’s target behavior, designed to manipulate participants’ counterfactual thoughts about said behavior, did moderate the hindsight effect of outcome knowledge on mock jurors’ judgments of the foreseeability of that outcome as well as their negligence verdicts. Although I predicted that counterfactual thinking would increase, or exacerbate, the hindsight bias, as found by Roese and Olson (1996), my results provided some support for Robbenolt and Sobus’s (1997) finding that counterfactual thinking decreases the hindsight bias. Behavior normality did not moderate the hindsight effect of outcome knowledge in Experiment Two, nor did causal proximity in Experiment Three. Additionally, my hypothesis that self-referencing may be an effective hindsight debiasing technique received little support across the three experiments. Although both the self-referencing instructions and self-report measure consistently decreased mock jurors’ likelihood of finding the defendant negligent, and self-referencing instructions decreased their foreseeability ratings in studies two and three, the self-referencing manipulation did not interact with outcome knowledge to moderate a hindsight bias effect on either foreseeability or negligence judgments. The consistent pattern of results across the three experiments, however, suggests that self-referencing may be an effective technique in reducing the likelihood of negligence verdicts.

La alquería de Pereila, un poblamiento andalusí en la Algarbía malagueña

El poblamiento rural de origen andalusí en la antigua Algarbía malagueña es un gran desconocido para la historiografía medieval. Las excavaciones y prospecciones con metodología arqueológica son prácticamente inexistentes y el recurso a la documentación escrita, en concreto la de origen castellana, ha dado un resultado muy limitado. Como excepción tenemos la información correspondiente al antiguo espacio residencial de Pereila y su territorio. La alquería estaba situada dentro del actual término municipal de Coín (Málaga) y un pleito en el 1537 entre el cabildo Catedralicio de Málaga y los beneficiados de Coín por el cobro del diezmo de dicho lugar, nos ha aportado una información valiosa sobre los límites territoriales del poblamiento, y en menor medida, de sus espacios de trabajo. También utilizaremos la metodología propia de la arqueología extensiva y los principios de la arqueología hidráulica que nos servirán para complementar la información aportada por la documentación escrita.

Violência contra a mulher: estudo das ocorrências registradas na Delegacia Especializada de atendimento às mulheres – Rio Grande-RS

Introdução: no Brasil, a violência contra a mulher foi reconhecida somente com a Convenção Belém do Pará, em 1995. A partir daí, inúmeras medidas para prevenção e combate foram instituídas, entre elas a criação das Delegacias Especializadas de Atendimento às Mulheres (DEAM) e a Lei Maria da Penha. No entanto, muitas mulheres ainda são vitimadas, na maioria das vezes dentro do próprio lar. Objetivos: delinear o perfil das mulheres vítimas de violência; identificar as formas de violência registradas na DEAM da cidade do Rio Grande/RS; identificar os motivos que levam à prática da violência e descrever os atos violentos perpetrados, por parceiro íntimo, às mulheres que registraram ocorrência na DEAM. Metodologia: estudo documental, quanti e qualitativo, de natureza exploratória, descritiva e delineamento transversal. Fizeram parte do estudo todas as ocorrências cujas vítimas eram mulheres com 18 anos ou mais. O espaço temporal adotado estendeu-se de agosto de 2009, quando foi implantada a delegacia, a dezembro de 2011. Os dados foram coletados entre outubro de 2011 e março de 2012. Para a coleta, foi elaborado e aprovado, após testagem, um instrumento contendo informações acerca do agressor, da vítima, bem como do tipo de violência praticada. Os dados foram digitados em planilhas do tipo Excel. A análise quantitativa foi efetuada por meio de estatística descritiva e do software estatístico SPSS versão 17.0. Para o estudo qualitativo utilizou-se a análise de conteúdo. Esse projeto foi aprovado pelo Comitê de Ética em Pesquisa na Área da Saúde, da Universidade Federal do Rio Grande sob Parecer no 137/2011. Resultados: estão descritos em dois artigos. Analisaram-se 902 ocorrências policiais evidenciando-se que a maioria das vitimas eram mulheres brancas, jovens, com baixa escolaridade. Ainda foi possível identificar que o Centro da cidade ocupou a segunda posição como local de moradia das vítimas, desmitificando a idéia de que a violência predomina na periferia. A violência física prevaleceu nos registros notificados, seguida do descumprimento de ordem judicial. Além disso, encontrou-se a reincidência de denúncias, o que pode estar atrelado à morosidade judicial. Observou-se também, que existem diversos motivos desencadeadores da violência, no entanto todos eles apresentam como pano de fundo as questões associadas ao gênero. A simultaneidade da violência bem como a extensão aos filhos, família e sociedade retratam a gravidade do fenômeno e a necessidade de se rever a resolutividade das medidas protetivas e das penas atribuídas aos agressores. Conclusões: este estudo expôs, parcialmente, a situação da violência contra a mulher no município, pois se sabe que existem muitos casos velados que não chegam a ser notificados. Entretanto, evidenciou-se o predomínio da violência física cometida por parceiro íntimo repercutindo em graves consequências à vida das vítimas. Assim, julga-se ímpar a implementação de uma rede efetiva de apoio a essas mulheres bem como a atuação de equipe multidisciplinar capacitada, coesa e sensível ao problema, incluindo os profissionais da saúde, que precisam, ainda, estar ciente da obrigatoriedade da notificação compulsória, fundamental para a formulação de novas políticas públicas de combate e prevenção a esse fenômeno.

Avaliação de risco de violência nas relações íntimas no GIAV (DIAP de Lisboa)

Poster apresentado no VII Congresso Internacional da Sociedade Portuguesa de Psiquiatria e Psicologia da Justiça. Centro Hospitalar Conde de Ferreira, Porto, 26 e 27 de Novembro de 2015.

The decline of ameriquest : a case study

In the subprime lending market, Ameriquest Mortgage Company is one of the leading lenders. It is widely known for its advertising slogan of “proud sponsor of the American dream.” Yet in 2006, an investigation into unlawful mortgage lending practices and the subsequent $325 million multi-State settlement brought even more attention to this company. What caused this lawsuit which brought irreparable damage to its reputation and financial loss for Ameriquest? This study focuses on the Information System Security management of the company. The study first introduces Ameriquest, and then briefly describes the lawsuit and settlement, and then discusses the IS security control in Ameriquest. The discussion will cover the internal control, external control, and technical controls of the company.

2016 legislative summary

This paper describes some of the accomplishments of the General Assembly regarding education for FY 2016-2017. It increased funding for the Education Finance Act, Virtual SC, Education and Economic Development and the Abbeville Equity Lawsuit. Other educational legislation is also addressed.