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International Issue

Winter 2020 | Vol. 2, Issue 1

Featured Article

The Judge Posner Doctrine as a Method to Reform the Italian Civil Justice System

                                                    

by Professor Cesare Cavallini, Bocconi Law School of Milan

and Stefania Cirillo, Bocconi Law School of Milan

2 Cts. & Just. L.J. __ (Forthcoming 2020)

Introducing Mandatory Mediation to Egypt’s Administrative Courts: Two Feasible Approaches

                                                  

by Judge Mahmoud Elsaman, State Council of Egypt 

2 Cts. & Just. L.J. __ (Forthcoming 2020)

This article represents a preliminary and methodology-oriented effort to conduct an economic analysis of the Italian civil justice system, commonly perceived as inefficient and proposes a different approach. More specifically, it demonstrates how the failure of several Italian legal reforms was based on methodological errors, which led to the inefficiency of the system itself. Accordingly, it proposes an alternative in methodology.

For the mentioned purpose, it shall use the theories and methods studied by Judge Posner concerning the judiciary system. In particular, it shall evaluate if the Posnerian methodology could be applied to the reforms to come from the Italian judiciary system. The evaluation is carried out by assessing the behavior of judges, lawyers, and litigants based on the theory of wealth maximization.

/ Winter 2020 / C&JLJ                                                                            

The Egyptian Judiciary suffers a huge case backlog. Alternative Dispute Resolution has proved to be a good tool in various jurisdictions to reduce the number of disputes referred to courts. Specifically, the advantages of integrating mediation into public disputes are very clear. It can reduce the time and costs required to settle disputes by avoiding the lengthy process of litigation. Also, mediation helps disputing parties to settle their disputes confidentially. Unlike litigation, mediation is not associated with public disclosure requirement.

Since the Egyptian government aims to follow the international trend of requiring court-annexed mandatory mediation before referring cases to competent courts, the Egyptian Ministry of Justice has recently proposed a bill on the integration of mediation into Ordinary Courts. In line with the case-load reduction strategy reflected in the bill, this paper aims to provide a roadmap for the introduction of mandatory mediation into Egypt’s administrative courts, represented in the State Council of Egypt. What this paper proposes, as a solution to reduce number of cases referred to the administrative courts, is making mandatory mediation a prerequisite before referring a dispute to the relevant court within the State Council. This might lead to an increase in amicable settlements of disputes and a reduction of the Council of States case workload. 

 

/ Winter 2020 / C&JLJ                                                                            

Independence of Judiciary and Judges and Techniques of Interpretation in Japan

                                                  

by Professor Yuichiro Tsuji, Meiji University Law School

2 Cts. & Just. L.J. __ (Forthcoming 2020)

This principle of judicial independence is also true of the Japanese judiciary. The Japanese judiciary and constitutional scholars have incorporated US legal studies and have developed skills of legal interpretation to maintain the independence of the judiciary. Not only the judicial branch, but the individual judges are also independent and are bound to the law and their professional conscience. Urawa and Naganuma cases present some cases that suspect that the Japanese judiciary and individual judges have been influenced by political considerations. Other cases such as judge Miyamoto case in Chapter 3 have suggested that the office of the Japanese Supreme Court may have an impact on individual judges.

/ Winter 2020 / C&JLJ                                                                            

Forthcoming Issue

Spring 2020 | Vol. 2, Issue 2

International Diamond Laws and Africa: Purportedly Helping African Nations by Preventing Them From Exporting Precious Natural Resources

                                                  

by Professor Kenneth L. Lewis, Jr., Nova Southeastern University - Shepard Broad Law Center

2 Cts. & Just. L.J. __ (Forthcoming 2020)

A diamond is a symbol of wealth and even love and affection.  The Twenty-First Century’s emphasis on a bling and the glitzy lifestyle has thrown diamonds in the spotlight.  Interestingly, most people do not truly understand how diamonds are formed and or realize that the marketing genius of one company, De Beers (at one point a virtual international monopoly), has conditioned most of us to desire diamonds, regard diamonds as intrinsically valuable, and associate diamonds with romance and love.

 

Furthermore, some do not know that several poor African nations have large deposits of diamonds; yet, others, while knowing that several African nations possess large caches of diamonds, have been led to believe that the diamonds from those nations should be shunned because African nations use diamonds to fuel wars and conflict on the African continent. Still others are familiar with the term blood diamonds but do not fully understand the genesis of the phrase or the consequence of so labelling a country’s diamonds.

/ Winter 2020 / C&JLJ