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Articles 1 - 7 of 7
Full-Text Articles in Law
Introduction, Colin Crawford, Daniel Bonilla Maldonado
Introduction, Colin Crawford, Daniel Bonilla Maldonado
Indiana Journal of Global Legal Studies
The papers gathered in this volume analyze access to justice in Latin America, Europe, and North America from a philosophical, legal, and sociological perspective. In these three regions of the world, as in the rest of the globe, liberal democracies face a troubling gap between the normative and the descriptive: the access to justice promises made by the legal and political system are not fully realized in practice. The studies collected here, therefore, share two baseline assumptions. First, the right of access to justice is fundamental in a liberal state. Access to justice ensures that citizens are able to defend …
The Mandarins Of The Law: Pro Bono Legal Work From A Comparative Perspective, Daniel Bonilla Maldonado
The Mandarins Of The Law: Pro Bono Legal Work From A Comparative Perspective, Daniel Bonilla Maldonado
Indiana Journal of Global Legal Studies
In Part I, I present the elements that form the standard global concept of pro bono work. Pro bono work is a global phenomenon defined by, and based on, a transnational discourse. In the first section of Part I, I argue that this transnational discourse conceptualizes pro bono work as a set of institutionalized free legal services that lawyers voluntarily provide to people with few financial resources or to protect the public interest. In the three following sections, I specify and analyze the concepts of subject, time, and space that this understanding of pro bono work creates, to present the …
Pro Bono Work In Colombia: How Can It Help Broaden, Equalize, And Ensure Access To Justice, Ana Bejarano Ricaurte
Pro Bono Work In Colombia: How Can It Help Broaden, Equalize, And Ensure Access To Justice, Ana Bejarano Ricaurte
Indiana Journal of Global Legal Studies
This article does not discuss whether pro bono programs should exist in Colombia, or whether they cause positive transformation in the legal profession. These issues are examined in other types of legal literature, and this author departs from the standpoint of viewing this type of work as a positive practice within the legal culture. The main thesis of this article is that pro bono work is still developing in Colombia, both in its numbers of participating attorneys and clients, as well as in the ways it is affecting the legal culture. As important as it might be, the work of …
Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, Fernando Munoz L.
Cause Lawyering And Compassionate Lawyering In Clinical Legal Education: The Case Of Chile, Fernando Munoz L.
Indiana Journal of Global Legal Studies
In order to contribute from a situated perspective to a global narrative of access to justice, in the next sections I will trace the origins of compassionate and cause lawyering in the history of Chilean legal aid and training. Part II will explain how legal assistance to the poor was codified as a duty of legal professionals during the Middle Ages, in both canon law and in Castilian legislation. Part III will show that practical legal training, both in Spain and in Chile, began much later as the result of the ambition among prominent members of the legal profession to …
Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez
Corporate Criminal Liability: Toward A Compliance-Orientated Approach, Gustavo A. Jimenez
Indiana Journal of Global Legal Studies
Under U.S. federal law, a corporation can be held criminally liable for the crimes of its employees and agents. The Department of Justice's U.S. Attorneys' Manual lays out a list of factors prosecutors can evaluate when deciding whether or not to prosecute a corporate entity. The Department of Justice (DOJ) prosecutors have various tools at their disposal, including deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) as alternatives to going to trial. Prosecutors have used DPAs and NPAs in recent cases, allowing the government to ensure that corporate entities comply with investigations, enact compliance programs, and continue to follow laws …
"Latin Players On The Cheap:" Professional Baseball Recruitment In Latin America And The Neocolonialist Tradition, Samuel O. Regalado
"Latin Players On The Cheap:" Professional Baseball Recruitment In Latin America And The Neocolonialist Tradition, Samuel O. Regalado
Indiana Journal of Global Legal Studies
No abstract provided.
Globalization And Civil Society-Continuities, Ambiguities, And Realities In Latin America, Lucy Taylor
Globalization And Civil Society-Continuities, Ambiguities, And Realities In Latin America, Lucy Taylor
Indiana Journal of Global Legal Studies
No abstract provided.