Several debates on the legitimacy, constitutionality, and acceptability of the death penalty have... more Several debates on the legitimacy, constitutionality, and acceptability of the death penalty have arisen throughout the years. The death row phenomenon refers to the psychological effects on prisoners of being on death row for a prolonged period while awaiting an imminent execution under harsh conditions of confinement. Having been declared a violation of a customary norm of international law by several international tribunals and national courts, this Article explores the possibility of the death row phenomenon, as a legal concept, becoming widely accepted and ultimately preventing the execution of another category of offenders. The existence of a lack of judicial consensus arising from different standards set by these courts in the determination of what constitutes delay could be an obstacle to this development. This Article suggests that if pursued diligently, the death row phenomenon could become universally accepted as an unacceptable practice and a standard could be set under international law which would become binding upon national courts.
The Ralph M. Brown Act has for nearly seventy years assured Californians’ right to require that c... more The Ralph M. Brown Act has for nearly seventy years assured Californians’ right to require that certain meetings of legislative bodies be held openly. This Article considers the extent to which that law has become internalized in government and normalized in Californians’ expectations of government conduct. We discuss possible mechanisms by which compliance with the Act’s requirements is secured, including criminal sanctions, civil litigation, grand jury investigations and self-policing. We examine in detail the identities of those bringing civil claims or invoking grand jury investigations, the subject areas implicated, the nature of the alleged violations of the Act and the eventual outcomes. After evaluating the extent to which each contributes to state compliance, we conclude that government’s own internal public law advisors have likely contributed most to ensuring transparency in decision making.
At the end of this chapter, learners should be able to: Understand the meaning of grievance and d... more At the end of this chapter, learners should be able to: Understand the meaning of grievance and disciplinary. Understand the procedure for grievance and disciplinary. Appreciate the critical role of the Advisory, Conciliation and Arbitration Service. Understand the step by step guide for the analysis involved in basic award computation
In this Article we evaluate the potential for California’s so-called civil grand juries to detect... more In this Article we evaluate the potential for California’s so-called civil grand juries to detect substandard prison conditions and maltreatment of inmates and make recommendations for improvement. We describe relevant reports by grand juries between 2007–2017 and evaluate the effectiveness of these in improving conditions in a representative sample of counties. We conclude that the civil grand jury is a potentially effective tool for oversight, but its effectiveness is hampered by competing duties, variable investigative methodologies, and lack of clear objectives for performance of its statutory duties
At the end of this chapter, learners should be able to: Understand the meaning of grievance and d... more At the end of this chapter, learners should be able to: Understand the meaning of grievance and disciplinary. Understand the procedure for grievance and disciplinary. Appreciate the critical role of the Advisory, Conciliation and Arbitration Service. Understand the step by step guide for the analysis involved in basic award computation
In this paper we evaluate the potential for California’s so-called civil grand juries to detect s... more In this paper we evaluate the potential for California’s so-called civil grand juries to detect substandard prison conditions and maltreatment of inmates and make recommendations for improvement. We describe relevant reports by grand juries between 2007-17 and evaluate the effectiveness of these in improving conditions in a representative sample of counties. We conclude that the civil grand jury is a potentially effective tool for oversight but its effectiveness is hampered by competing duties, variable investigative methodologies, and lack of clear objectives for performance of their statutory duties.
It is of particular concern that despite slavery being abolished in international law with a clea... more It is of particular concern that despite slavery being abolished in international law with a clear international legal framework existing (ILO Conventions, Slavery Convention, Supplementary Convention and Palermo Protocols) which criminalises slave labour and human trafficking and imposes duties on state actors, these practices are condoned by both state and non-state actors. The world of sports for instance, is a lucrative industry generating a significant level of income, which sometimes exceeds states’ GDP. The FIFA world cup is the biggest sporting event that oversees countries bidding to host. The benefits to a host country include tourism, creation of jobs, accommodation and transport infrastructure. Qatar will be hosting the next world cup in 2022 and have come under intense scrutiny and criticism for abusive labour practices. Recording 185 Nepalese deaths in Qatar in 2013 while building world cup infrastructure, an estimation of the death of 4000 migrant workers before the l...
Several debates on the legitimacy, constitutionality, and acceptability of the death penalty have... more Several debates on the legitimacy, constitutionality, and acceptability of the death penalty have arisen throughout the years. The death row phenomenon refers to the psychological effects on prisoners of being on death row for a prolonged period while awaiting an imminent execution under harsh conditions of confinement. Having been declared a violation of a customary norm of international law by several international tribunals and national courts, this Article explores the possibility of the death row phenomenon, as a legal concept, becoming widely accepted and ultimately preventing the execution of another category of offenders. The existence of a lack of judicial consensus arising from different standards set by these courts in the determination of what constitutes delay could be an obstacle to this development. This Article suggests that if pursued diligently, the death row phenomenon could become universally accepted as an unacceptable practice and a standard could be set under international law which would become binding upon national courts.
The Ralph M. Brown Act has for nearly seventy years assured Californians’ right to require that c... more The Ralph M. Brown Act has for nearly seventy years assured Californians’ right to require that certain meetings of legislative bodies be held openly. This Article considers the extent to which that law has become internalized in government and normalized in Californians’ expectations of government conduct. We discuss possible mechanisms by which compliance with the Act’s requirements is secured, including criminal sanctions, civil litigation, grand jury investigations and self-policing. We examine in detail the identities of those bringing civil claims or invoking grand jury investigations, the subject areas implicated, the nature of the alleged violations of the Act and the eventual outcomes. After evaluating the extent to which each contributes to state compliance, we conclude that government’s own internal public law advisors have likely contributed most to ensuring transparency in decision making.
At the end of this chapter, learners should be able to: Understand the meaning of grievance and d... more At the end of this chapter, learners should be able to: Understand the meaning of grievance and disciplinary. Understand the procedure for grievance and disciplinary. Appreciate the critical role of the Advisory, Conciliation and Arbitration Service. Understand the step by step guide for the analysis involved in basic award computation
In this Article we evaluate the potential for California’s so-called civil grand juries to detect... more In this Article we evaluate the potential for California’s so-called civil grand juries to detect substandard prison conditions and maltreatment of inmates and make recommendations for improvement. We describe relevant reports by grand juries between 2007–2017 and evaluate the effectiveness of these in improving conditions in a representative sample of counties. We conclude that the civil grand jury is a potentially effective tool for oversight, but its effectiveness is hampered by competing duties, variable investigative methodologies, and lack of clear objectives for performance of its statutory duties
At the end of this chapter, learners should be able to: Understand the meaning of grievance and d... more At the end of this chapter, learners should be able to: Understand the meaning of grievance and disciplinary. Understand the procedure for grievance and disciplinary. Appreciate the critical role of the Advisory, Conciliation and Arbitration Service. Understand the step by step guide for the analysis involved in basic award computation
In this paper we evaluate the potential for California’s so-called civil grand juries to detect s... more In this paper we evaluate the potential for California’s so-called civil grand juries to detect substandard prison conditions and maltreatment of inmates and make recommendations for improvement. We describe relevant reports by grand juries between 2007-17 and evaluate the effectiveness of these in improving conditions in a representative sample of counties. We conclude that the civil grand jury is a potentially effective tool for oversight but its effectiveness is hampered by competing duties, variable investigative methodologies, and lack of clear objectives for performance of their statutory duties.
It is of particular concern that despite slavery being abolished in international law with a clea... more It is of particular concern that despite slavery being abolished in international law with a clear international legal framework existing (ILO Conventions, Slavery Convention, Supplementary Convention and Palermo Protocols) which criminalises slave labour and human trafficking and imposes duties on state actors, these practices are condoned by both state and non-state actors. The world of sports for instance, is a lucrative industry generating a significant level of income, which sometimes exceeds states’ GDP. The FIFA world cup is the biggest sporting event that oversees countries bidding to host. The benefits to a host country include tourism, creation of jobs, accommodation and transport infrastructure. Qatar will be hosting the next world cup in 2022 and have come under intense scrutiny and criticism for abusive labour practices. Recording 185 Nepalese deaths in Qatar in 2013 while building world cup infrastructure, an estimation of the death of 4000 migrant workers before the l...
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Papers by Nkem Adeleye