Among the major decisions any legal system must make is deciding whether to establish general courts with broad jurisdiction, or specialized limited jurisdiction. Under one influential argument—advanced by both judges and theorists—general foster coherence within system. This Article identifies a distinct effect of establishing courts: “complementarity effect.” In case complementarity, strategi...

It is often conjectured that non-state dispute resolution blossoms when state courts are not independent or are perceived as low-quality courts. This conjecture implies a substitutive relationship between state and nonstate dispute resolution. An alternative hypothesis argues that both the quality and the frequency of use of these two alternative mechanisms are complementary: societies with hig...

This article touches upon the different ways of specialization of courts and judges that exist under the legislation of the Russian Federation. The lack of a unified and circumspect approach is noted. The formation of specialized courts, according to the national legislation, takes the form of their establishing within the existing subsystems of regular and arbitration courts. As for the specia...

Although the Supreme Court’s 1989 decision in Teague v. Lane generally prohibits the application of new constitutional rules of criminal procedure in federal habeas review of state-court judgments, the Court’s 2008 decision in Danforth v. Minnesota frees state courts from Teague’s strictures. Danforth explicitly permits state courts to fashion their own rules governing the retroactive applicati...

the safavid dynasty was the first iranian centralized administration, which chose shia’a branch of islam as the official religion and the judicial system for iran. in safavi period the state officially established two separate and distinct court system. first the state courts (the urf courts) under the supervision of the secular minister of justice (divan-begi) and the secondly the islamic cour...

Sentencing drug crimes and treating drug-addicted defendants often stem from contradictory theories of punishment. In the late twentieth century, courts traded rehabilitation for retributive ideals to fight the " War on Drugs. " However, beginning with the Miami-Dade Drug Court, treatment and rehabilitation have returned to the forefront of sentencing policy in traditional and alternative drug ...

Marriage Dispensation is an attempt by the prospective bride and groom to obtain a decision from court enter into marriage for underage couples. Applications dispensation have increased since COVID-19 pandemic hit Indonesia. This research focuses on analysing factors behind increase in requests seeking efforts overcome dispensation. The method used field with qualitative approach. Data collecti...

The Dodd-Frank Wall Street Reform and Consumer Protection Act bestowed upon the Securities and Exchange Commission the right to pursue an enforcement action against any person either in federal court or through an administrative proceeding. Since 2012, the SEC has chosen to pursue an unprecedented percentage of its enforcement actions administratively, and it has prevailed in those administrati...

Mental health courts are one of a variety of special jurisdiction courts that have been created in a number of countries, including the United States (Petrila, 2003). While there is no prototypical mental health court (Steadman, Davidson, & Brown, 2001; Watson, Luchins, & Hanrahan, 2001), most of those in existence today share several common characteristics. These include (a) the creation of a ...