This thesis presents a' detailed study of the regulation of Independent Local Radio by the Independent Broadcasting Authority. The I.B.A. is an independent regulatory agency established to decide questions affecting both public and private rights. Two key functions performed by regulatory agencies are identified: law-elaboration and law-application. Law-elaboration is a quasi-legislative power which involves both the making of policy and the subsequent articulation of that policy through rule-making. Law-application entails the application of those rules in individual decisions. It is argued that the exercise of such powers can usefully be analysed in terms of legitimacy. What can validate the exercise of legislative powers by an unelected and largely unaccountable agency? In addressing this question, use is made of four ideal-type models of regulatory legitimacy: (1) legislative; (2) accountability; (3) due process; and (4) expertise. The general conclusion drawn is that it would be problematical for the I.B.A. to claim legitimacy for its policies and rules on the basis of its legislative mandate, its accountability, its respect for due process or its expertise. In particular, it is argued that there is little direct correlation between the I.B.A.'s activities and its legislative mandate. This is stated to be a problem inherent in the nature of the relationship between the legislature and a regulatory agency. It is argued that the present system of regulating I.L.R. is in need of reform if it is to make out a more convincing case for its legitimacy. The two main approaches to reform are deregulation and procedural innovation. Administrative lawyers have tended to focus on the latter type of reform. It is argued that administrative lawyers should widen their horizons beyond the procedural and become concerned with the outcome of the regulatory process: the concern should be with substantive as well as procedural legitimacy.

The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice. It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel is not competent, there is a risk that counsel�s acts or omissions may cause or contribute to a miscarriage of justice. The Crimes Act 1961 allows an accused to appeal against their conviction on the basis that they have been the subject of a miscarriage of justice through the conduct of their counsel. The thesis analyses the Supreme Court decision of R v Sungsuwan that sets out the test that an appellate court must consider when deciding to allow an appeal based on the conduct of counsel. The thesis examines 239 Court of Appeal decisions between 1996 and 2007 that have considered appeals from jury trials where at least one of the grounds of appeal was that defence counsel caused or contributed to a miscarriage of justice. The thesis notes the increasing trend to use "conduct of counsel" as a ground of appeal. In 1996 there were 4 appeals; in 2006 there were 43 such appeals and in 2007 there were 29 appeals. During the period under review the Court of Appeal allowed the appeal and specifically held that counsel�s conduct, either alone or in combination with other grounds, caused or contributed to a miscarriage of justice in 41 cases. The thesis analyses the common complaints made by an accused against trial counsel and the common areas where the Court of Appeal upheld complaints against counsel. The thesis takes into account the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers (Lawyer: Conduct and Client Care) Rules 2008 that came into existence on 1 August 2008. The new legislation places particular emphasis on the obligations of counsel to uphold the rule of law and to facilitate the administration of justice in New Zealand. Counsel also has an obligation to protect the interests of their clients. The thesis concludes that the plethora of cases coming before the Court of Appeal, and the number of appeals allowed by the Court, demonstrate defence counsel do not always protect the interests of their clients and can cause or contribute to a miscarriage of justice. The thesis makes a number of recommendations that may reduce the risk of both an accused appealing on the basis on the conduct of counsel and an appeal being allowed on the basis of the conduct of counsel. In particular, it is suggested that there should be greater degree of co-operation between the New Zealand Law Society and the Legal Services Agency to ensure the maintenance of high standards among criminal defence lawyers.

Thesis (Ph.D.)--Baylor University, 2007. / Includes bibliographical references (p. 308-332).

Thesis (doctoral)--Université de Nice. / Includes bibliographical references (p. 361-[382]) and index.

Thesis (doctoral)--Université de Nice. / Includes bibliographical references (p. 361-[382]) and index.

Thesis (Ph.D.) - University of Queensland, 2005. / Includes bibliography.

Thesis (doctoral)--Freie Universität, Berlin, 2003. / Includes bibliographical references (p. 397-430).

Thesis (Ph.D.)--DePaul University, 2005. / Department of Psychology. Vita. Includes bibliographical references (leaves 101-133). Also available online via the World Wide Web; full text PDF file available to subscribers from ProQuest.

Thesis (Ph.D.)--DePaul University, 2005. / Department of Psychology. Vita. Includes bibliographical references (leaves 101-133). Also available online via the World Wide Web; full text PDF file available to subscribers from ProQuest.

Submitted by Jamile Barbosa da Cruz (jamile.cruz@ucsal.br) on 2016-09-14T19:38:21Z No. of bitstreams: 1 Costa JUNIOR, VLP-2016.pdf: 1582818 bytes, checksum: af8cccd25d84c206747e48883eb24a42 (MD5) / Rejected by Rosemary Magalhães (rosemary.magalhaes@ucsal.br), reason: PALAVRAS-CHAVE on 2016-09-21T22:01:20Z (GMT) / Submitted by Jamile Barbosa da Cruz (jamile.cruz@ucsal.br) on 2016-09-29T17:40:53Z No. of bitstreams: 1 Costa JUNIOR, VLP-2016.pdf: 1582818 bytes, checksum: af8cccd25d84c206747e48883eb24a42 (MD5) / Approved for entry into archive by Maria Emília Carvalho Ribeiro (maria.ribeiro@ucsal.br) on 2016-11-22T20:57:40Z (GMT) No. of bitstreams: 1 Costa JUNIOR, VLP-2016.pdf: 1582818 bytes, checksum: af8cccd25d84c206747e48883eb24a42 (MD5) / Made available in DSpace on 2016-11-22T20:57:40Z (GMT). No. of bitstreams: 1 Costa JUNIOR, VLP-2016.pdf: 1582818 bytes, checksum: af8cccd25d84c206747e48883eb24a42 (MD5) Previous issue date: 2016-03-31 / As modificações nas estruturas sociais, políticas, legais e, sobretudo, econômicas, no contexto da acumulação flexível resultaram em mudanças significativas na prestação de serviço da advocacia. A expansão do consumo em massa e padronizado, a desestatização de serviços essenciais, bem como a explosão de faculdades de Direito no Brasil, sobretudo a partir da década de 1990, marcada pelo avanço da agenda neoliberal, fizeram surgir um tipo de organização da advocacia denominada de contencioso de massa. Os escritórios deste setor de serviços jurídicos se dedicam ao patrocínio de acentuado volume de ações, em regra, simples, de matéria jurídica repetitiva, com valores de causa e honorários relativamente modestos, principalmente por tramitarem nos Juizados Especiais de Defesa do Consumidor. O objetivo do estudo consistiu em evidenciar a nova morfologia que abalou os pilares da profissão jurídica nos escritórios do contencioso de massa, suas causas e consequências. Em especial, mostra a indelével correlação entre este tipo de organização e a precariedade do trabalho, que atinge, principalmente, o jovem. O estudo considera jovem o advogado entre 20 e 30 anos, que tenha até 5 anos de inscrição na OAB, utilizando como marco temporal os anos de 2009 a 2014. Ademais, restringiu-se aos profissionais que trabalham para os escritórios que defendem empresas nos Juizados Especiais de Defesa do Consumidor, em Salvador, Bahia. Para conhecer o objeto, a pesquisa utilizou a revisão bibliográfica, análise documental e entrevistas semiestruturadas, feitas com advogados que se enquadram no perfil da análise. Os dados colhidos identificaram que a viabilidade operacional da advocacia massificada depende da automação do processo produtivo, do trabalho simples e repetitivo, mal remunerado, com jornadas extenuantes, vínculos flexíveis, terceirizados e inseguros, mazelas agravadas pela saturação de profissionais no mercado laboral, fenômenos que conduzem as variadas dimensões do trabalho precário. O panorama adverso atinge principalmente o jovem, que, encontra no contencioso de massa uma das poucas vias de acesso a mercado de trabalho. Nesta esteira, o enfrentamento do tema foi essencial para transpor a cortina de fumaça que concebe o advogado como profissional liberal, imune ao processo de precariedade, desvelando o inóspito cenário produtivo dos escritórios do contencioso de massa e íntima relação com a hostilidade laboral que subjuga o jovem advogado. / The modifications in the social, political, legal and above all economic structures in the context of flexible accumulation resulted in significant changes in the lawyers’ work. The expansion of standardized mass consumption, the privatization of essential services, as well as the boom of Law Schools in Brazil, mainly in the 1990’s, marked by the advance of the neoliberal agenda, made arise a new kind of lawyering organization called mass litigation. The offices of this sector of juridical services take on a large number of lawsuits. As a rule, they are simple, of a repetitive nature, with low values and relatively modest fees, mainly because they run in the Special Courts of Consumers’ Protection. The goal of this study was to evidence the new morphology that rocked the pillars of the juridical profession in the mass litigation offices, its causes and consequences. It especially shows the indelible correlation between these kinds of organization and the precariousness of the work, that strikes mainly the young. The study takes into consideration the lawyer who is from 20 to 30 years old and who has had a license to practice law for at most 5 years. The temporal mark was from 2009 to 2014. Furthermore, it was restricted to the ones who work for offices that represent companies in the Special Courts of Consumers’ Protection of Salvador, Bahia. To acknowledge the object, the research used literature review, document analysis and semi-structured interviews of the lawyers who fit the profile. The data identified that the operational feasibility of the mass litigation depends on the automation of the productive process. It also depends on the simple and repetitive work that is ill-paid and has exhaustive work hours. This kind of bond is flexible, uncertain and outsourced. All of those are aggravated by the saturation of professionals in the job market. These phenomena lead to various dimensions of precarious labor. The adverse overview strikes mainly the young, who find in the mass litigation one of the few ways to access the job market. Thus, facing this theme was essential to surpass the smoke curtain that sees the lawyer as a liberal professional who is immune to the precariousness process. It revealed the inhospitable productive scenery of the offices of mass litigation and the intimate relation with the labor hostility that subjugates the young lawyer.