In the Netherlands, mayors are entitled to close public and non-public premises if drug-related activities are being conducted there. Using data from the case law of Dutch lower courts, published between 2008 and 2016, this article examines the relative success of different types of litigants, and the influence of case characteristics on drug-related closure cases. We build on Galanter’s framework of ‘repeat players’ and ‘one-shotters’, to argue that a mayor is the stronger party and is therefore more likely to win in court. We categorise mayors as ‘upperdogs’, and the opposing litigants as ‘underdogs’. Moreover, we distinguish stronger mayors from weaker ones, based on the population size of their municipality. Similarly, we distinguish the stronger underdogs from the weaker ones. Businesses and organisations are classified as stronger parties, relative to individuals, who are classified as weaker parties. In line with our hypothesis, we find that mayors win in the vast majority of cases. However, contrary to our presumptions, we find that mayors have a significantly lower chance of winning a case if they litigate against weak underdogs. When controlling for particular case characteristics, such as the type of drugs and invoked defences, our findings offer evidence that case characteristics are consequential for the resolution of drug-related closure cases in the Netherlands. |
Zoekresultaat: 5 artikelen
Artikel |
Upperdogs Versus UnderdogsJudicial Review of Administrative Drug-Related Closures in the Netherlands |
Tijdschrift | Recht der Werkelijkheid, Aflevering 1 2020 |
Trefwoorden | Eviction, War on drugs, Party capability, Empirical legal research, Drug policy |
Auteurs | Mr. Michelle Bruijn en Dr. Michel Vols |
SamenvattingAuteursinformatie |
Article |
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Tijdschrift | Erasmus Law Review, Aflevering 4 2015 |
Trefwoorden | Canada, small and simple matters, austerity, civil justice, access to justice |
Auteurs | Jonathan Silver en Trevor C.W. Farrow |
SamenvattingAuteursinformatie |
Canada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in place across Canada to address this growing access to justice gap. In particular, this article explains the Canadian civil justice system and canvasses the procedures and programmes in place to make the justice system more efficient and improve access to justice in small and simple matters. Although this article does look briefly at the impact of the global financial crisis on access to justice efforts in Canada, we do not provide empirical data of our own on this point. Further, we conclude that there is not enough existing data to draw correlations between austerity measures in response to the global crisis and the challenges facing Canadian civil justice. More evidence-based research would be helpful to understand current access to justice challenges and to make decisions on how best to move forward with meaningful innovation and policy reform. However, there is reason for optimism in Canada: innovative ideas and a national action plan provide reason to believe that the country can simplify, expedite, and increase access to civil justice in meaningful ways over the coming years. |
Artikel |
The EU Parliament Study ‘Rebooting the Mediation Directive’: An Overview of Its Key Findings, And a Response to Its Critics |
Tijdschrift | Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement, Aflevering 1 2014 |
Trefwoorden | Mediation Directive, mediation policy, European Parliament, court |
Auteurs | Giuseppe De Palo en Romina Canessa |
SamenvattingAuteursinformatie |
Giuseppe De Palo and Romina Canessa give a description of the recent publication of a study conducted for the European Parliament on Mediation, ‘Rebooting the Mediation Directive: Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Number of Mediations in the EU’, has contributed to the ongoing debate about effective mediation policy. The Study concluded that despite an increase in mediation awareness and the proven benefits it can have, mediation still remains largely unused as a method of dispute resolution. |
Redactioneel |
Over de potentie van mediation in moeilijke tijden |
Tijdschrift | Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement, Aflevering 3 2012 |
Auteurs | Annie de Roo |
Artikel |
Trouble in paradise: foreclosure-mediation in de Verenigde Staten |
Tijdschrift | Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement, Aflevering 3 2012 |
Trefwoorden | foreclosure mediation, hypotheek, Verenigde Staten |
Auteurs | Ken Andries |
SamenvattingAuteursinformatie |
This article examines the practice of foreclosure mediation in the American mortgage market after the financial crisis of 2008. Many states have implemented foreclosure mediation programs to handle the deluge of foreclosure proceedings in the aftermath of the financial crisis. The role of the mortgage servicing industry in the success or failure of this type of mediation is discussed, as well as the possible outcomes of a foreclosure mediation. |