WorldWideScience

Sample records for adjudication

  1. Adjudicating outcomes: fundamentals.

    Vannabouathong, Christopher; Saccone, Michel; Sprague, Sheila; Schemitsch, Emil H; Bhandari, Mohit

    2012-07-18

    The adjudication of outcomes has rarely been reported in the orthopaedic literature, although this process is commonly used and reported in clinical trials of other medical disciplines. Adjudication of outcomes provides more reliable and valid outcome assessment, especially when the outcome is subjective as in the case of fracture-healing. The successful implementation of adjudication in a clinical trial is an important and complex process. The process requires a substantial infrastructure of research personnel to oversee data collection at the clinical sites. The development of an adjudication charter specific to the study is a critical aspect of adjudication as it outlines the adjudication committee membership as well as their roles and responsibilities and defines the adjudication process and the decision rules. Web-based adjudication has facilitated the process as it allows rapid, efficient, and timely adjudication. This article provides an overview of the adjudication process, along with details on the common pearls and pitfalls associated with this method of outcomes assessment. PMID:22810452

  2. 49 CFR 511.2 - Nature of adjudicative proceedings.

    2010-10-01

    ... 49 Transportation 6 2010-10-01 2010-10-01 false Nature of adjudicative proceedings. 511.2 Section... SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION ADJUDICATIVE PROCEDURES Scope of Rules; Nature of Adjudicative Proceedings, Definitions § 511.2 Nature of adjudicative proceedings. Adjudicative...

  3. 16 CFR 3.2 - Nature of adjudicative proceedings.

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Nature of adjudicative proceedings. 3.2... RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS Scope of Rules; Nature of Adjudicative Proceedings § 3.2 Nature of adjudicative proceedings. Adjudicative proceedings are those formal proceedings conducted...

  4. 16 CFR 1025.2 - Nature of adjudicative proceedings.

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Nature of adjudicative proceedings. 1025.2 Section 1025.2 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS Scope of Rules, Nature of Adjudicative Proceedings, Definitions § 1025.2 Nature...

  5. 14 CFR 17.37 - Default adjudicative process for protests.

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Default adjudicative process for protests... TRANSPORTATION PROCEDURAL RULES PROCEDURES FOR PROTESTS AND CONTRACTS DISPUTES Default Adjudicative Process § 17.37 Default adjudicative process for protests. (a) Other than for the resolution of preliminary...

  6. 32 CFR 732.20 - Adjudication authorities.

    2010-07-01

    ... outpatient emergency and nonemergency care of active duty Navy and Marine Corps members in Canada and under... Marine Corps members stationed in the United States who receive care in Canada. ... DENTAL CARE Medical and Dental Care From Nonnaval Sources § 732.20 Adjudication authorities. (a)...

  7. California's Adjudicated Groundwater Basins: History, Current Conditions, Potential Reforms

    Langridge, R.; Brown, A.; Rudestam, K.; Conrad, E.

    2015-12-01

    Groundwater adjudications are one approach to managing a groundwater basin in California. While the 2014 Sustainable Groundwater Management Act (SGMA) established new management requirements for 127 high and medium priority groundwater basins, it exempted all 26 of the state's adjudicated groundwater basins from the Act. The State Water Resources Control Board prioritized the evaluation of these adjudicated basins to assist in aligning the processes and outcomes of adjudication with SGMA's goals for the sustainable management of groundwater. Working with the Board, our research evaluated the history and current condition of all of California's adjudicated basins along with potential future improvements to the adjudication process. Our presentation will provide a summary of our findings and highlight some successful features of the adjudication process along with the challenges adjudicated basins face to achieve long-term sustainable groundwater management. Our discussion will include a review of: whether most adjudications result in groundwater extractions at or near a basins' designated safe yield; whether overdraft conditions are reduced or eliminated over the long term; and the degree of collaboration and inclusion of community stakeholders in the adjudication process. In addition to this overview, we will highlight 3-4 basins with particularly interesting management challenges and solutions. For each of these basins, we will describe the problem that precipitated the need for the adjudication and how adjudication outcomes were influenced by: how the judgment defined and distributed water rights; the management structure and strategies to manage the basin; how safe yield and overdraft are defined and determined; and, importantly, the effectiveness of the adjudication in halting or reversing groundwater overdraft.

  8. Methodology problems in international economic law and adjudication

    Petersmann, Ernst-Ulrich

    2016-01-01

    This overview of 'methodology problems' in international economic law (IEL) and adjudication defines 'legal methodology' as the 'best way' for identifying the 'sources' of law, legitimate authority, the methods of legal interpretation, law-making and adjudication, the 'primary rules of conduct' and 'secondary rules of recognition, change and adjudication', the relationships between 'legal positivism', 'natural law' and 'social theories of law', and the 'dual nature' of modern legal systems. I...

  9. 5 CFR 300.706 - Office of Personnel Management adjudication.

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Office of Personnel Management adjudication. 300.706 Section 300.706 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE... Service Law § 300.706 Office of Personnel Management adjudication. (a) OPM will determine whether...

  10. A Unifying Framework for the Problem of Adjudicating Conflicting Claims

    Hougaard, Jens Leth; Moreno-Ternero, Juan D.; Østerdal, Lars Peter Raahave

    In a recent paper, Thomson and Yeh [Operators for the adjudication of conflicting claims, Journal of Economic Theory 143 (2008) 177-198] introduced the concept of operators on the space of rules for the problem of adjudicating conflicting claims. They focussed on three operators in order to uncov...

  11. The Function of Procedural Justice in International Adjudication

    FONTANELLI, Filippo; Busco, Paolo

    2016-01-01

    This article surveys the notion of procedural justice in international adjudication. The literature mainly focuses on the domestic intimations of procedural justice. Our primary concern is to retrace its essence and reposition the concept in the international legal order, stripped of the idiosyncrasies deriving from the contingencies of domestic adjudication. The article first frames the basic notion and function of procedural justice, drawing from legal theory and legal-psychological studies...

  12. Culture (and religion in constitutional adjudication

    C Rautenbach

    2003-10-01

    Full Text Available The faculty of law of the Potchefstroom University for Christian Higher Education in corroboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional Adjudication. The aim of the project is twofold. The first aim is to analyse the influence of political, socio-economic and cultural considerations on the constitutional court’s interpretation and application of the Bill of Rights. The second aim is to develop practical guidelines (based on the findings during the analysing process for South African courts confronted with issues of a political, socio-economic and cultural nature. This article is concerned with initiating discussions of the decisions of the constitutional court with regard to cultural and religious rights.Before we can explore the role of political, socio-economic and cultural (and religious rights in the decisions of the constitutional court it is important to discuss a few preliminary issues. In this article the meaning of culture and religion within the South African context receives some attention. Secondly, some preliminary comments regarding constitutional protection of culturally and religiously based rights will be made.We are well aware that this is a daunting task, not only in view of the seemingly abysmal gap between the applicable constitutional rights and values enshrined in the 1996 Constitution that, in some instances over centuries, brought about customs and practices within “traditional” communities which, seemingly, infringe on certain constitutional values and rights.

  13. Does the justice concur witn court adjudication of criminal case?

    Berova D.M.

    2014-12-01

    Full Text Available Two formulas are confronted in the article: “justice in the Russian Federation is administered only by court” and “court adjudicates criminal cases”. Different scientific standpoints are analyzed. The viewpoint on justice as any court procedural activity (including pre-trial control of preliminary investigation bodies and arguments justifying it are studied, notably justice is not only judicial proceeding and conclusion on guilt and liability, but also deciding issues on arrest, search, taking other measures of criminal procedure constraint. The author proposes to consider justice in its direct meaning and in the narrow sense as the court activity on trying and adjudicating criminal cases. The rest of the court’s functions including the function of pre-trial control of preliminary investigation bodies cannot be considered as justice. The criminal case adjudication totally concurs with justice, and “justice” remains the priority legislative term. It is proved that justice as criminal case adjudication begins in the stage of preparing for judicial sitting, but it is executed in all the following degrees of jurisdiction and also when reopening the case due to newly discovered facts. In such cases reversal and revision of a sentence are possible, which is court’s prerogative forming a justice function. The judicial proceeding in the stage of executing a sentence is not considered as justice because in this case the sentence is not reversed or revised, its legality and validity are not examined and questioned, but execution of punishment can be amended.

  14. Development and Validation of a Clarinet Performance Adjudication Scale

    Abeles, Harold F.

    1973-01-01

    A basic assumption of this study is that there are generally agreed upon performance standards as evidenced by the use of adjudicators for evaluations at contests and festivals. An evaluation instrument was developed to enable raters to measure effectively those aspects of performance that have common standards of proficiency. (Author/RK)

  15. Political & quasi-adjudicative dispute settlement models in European Union Free Trade Agreements: Is the quasi-adjudicative model a trend or is it just another model?

    Ramírez Robles, Edna

    2006-01-01

    In this paper, interpretation and application dispute settlement provisions of European Union (EU) Free Trade Agreements (FTAs) signed between 1963 and 2006 are analysed. This will be through the two models of Dispute Settlement in International Law: the political and adjudicative. Political elements of dispute settlement mechanisms in Public International Law and General Agreement of Tariffs and Trade (GATT) served to establish those of the EU FTAs. Adjudicative and quasi-adjudicative elemen...

  16. Two families of rules for the adjudication of conflicting claims

    William Thomson

    2007-01-01

    We define two families of rules to adjudicate conflicting claims. The first family contains the constrained equal awards, constrained equal losses, Talmud, and minimal overlap rules. The second family, which also contains the constrained equal awards and constrained equal losses rules, is obtained from the first one by exchanging, for each problem, how well agents with relatively larger claims are treated as compared to agents with relatively smaller claims. In each case, we identify the subf...

  17. Adjudication accessibility of the solar energy with GIS tools

    Constantly increase prise of oil and natural gas at the world market, increase consumption of electric power forces people to look for new energy sources. Concentration to renewable energy is an attention of specialist and non-professional public. The solar energy is one of the renewable energy. A lot of different factors influence as possibilities using the solar energy. For adjudication possibilities using solar energy is needed to know and calculate quantity accessibility of radiation and its energy for potential locality. This calculation is determined by geographic location, critical time, climatic and meteorological conditions, and position study plain. GIS tools can be very useful for this calculation. Created digital terrain model of Ko.ice fold is used for the adjudication accessibility solar energy. The basic attribute of digital terrain model is used, such as possibilities deduce more parameters like slope and aspect. Basic location parameter of adjudication plain by determine accessibility of the solar radiation is a slope β and an azimuth plain normal An. (authors)

  18. Principles Underlying the Adjudication of Selection Disputes Preceding the Salt Lake City Winter Olympic Games: Notes for Adjudicators

    Findlay, Hilary A.; Corbett, Rachel

    2002-01-01

    Selection disputes inevitably arise prior to any major games such as an Olympics. Prior to the 1996 Summer Olympics in Atlanta, some 25 disputes were heard in Canada. 1 In anticipation of the Salt Lake City Winter Olympics, an ad-hoc arbitration system was put in place in Canada to deal with these disputes. To assist the roster of adjudicators appointed to hear these matters, the Centre for Sport and Law 2 compiled and reviewed some 30 sport selection disputes from Canadian courts and tribuna...

  19. Diagnostic criteria and adjudication process both determine published event-rates : The ACTION trial experience

    Kirwan, Bridget-Anne; Lubsen, Jacobus; de Brouwer, Sophie; Danchin, Nicolas; Battler, Alexander; de Luna, Antonio Bayes; Dunselman, Peter H. J. M.; Glasser, Stephen; Koudstaal, Peter J.; Sutton, George; van Dalen, Frederik J.; Poole-Wilson, Philip A.

    2007-01-01

    Objective: Few trials report event-adjudication procedures in detail. Using data from the ACTION (A Coronary disease Trial Investigating Outcome with Nifedipine GITS) study, we compared the impact on event-rates of an adjudication strategy based on systematic screening of all reported serious advers

  20. Eating Disordered Behaviors and Body Disapproval in Adolescent Males Adjudicated for Sexual and Nonsexual Crimes.

    O'Brien, Jennifer E; Li, Wen; Burton, David L

    2015-01-01

    Using a large sample of adjudicated delinquent male youth (N = 696), we compared data from youth who had been adjudicated for sexually aggressive crimes and those who had been adjudicated for nonsexual offenses on eating dysfunction, body disapproval, history of sexual abuse, and pornography exposure. The sample included 526 (75.8%) youth adjudicated for sexual offenses and 170 (24.4%) youth adjudicated for nonsexual crimes. The average age of the sample was 16.8 years (SD = 1.6), and approximately half of the sample (47.7%, n = 310) self-identified as White. The results of hierarchical multiple regressions indicated that sexually aggressive youth scored significantly higher than nonsexually offending youth on both eating dysfunction and body disapproval measures. Pornography exposure and substance use predicted body disapproval and eating dysfunction in the entire sample of adjudicated youth. History of sexual abuse was a significant predictor of body disapproval in all adjudicated youth but was not a significant predictor of eating dysfunction. Implications for research and practice are offered. PMID:26701282

  1. Relationships Between Future Orientation, Impulsive Sensation Seeking, and Risk Behavior Among Adjudicated Adolescents

    Robbins, Reuben N.; Bryan, Angela

    2004-01-01

    Because of high levels of risk behavior, adjudicated adolescents are at high risk for negative health outcomes such as nicotine and drug addiction and sexually transmitted diseases. The goal of this article is to examine relationships between future orientation and impulsive-sensation-seeking personality constructs to risk behaviors among 300 adjudicated adolescents. Significant relationships between impulsive sensation seeking and future orientation were found for several risk behaviors. Ind...

  2. Cognitive and neuropsychological predictors of juvenile adjudicative competency: the role of executive functioning

    Kreklewetz, Kimberly Lynn

    2010-01-01

    The relationship between juvenile adjudicative competence and executive functioning was investigated in a sample of 96 middle and high school students. Measures of adjudicative competence (selected questions from the Fitness Interview Test—Revised Understanding scale) and legal decision-making were administered together with cognitive and neuropsychological testing assessing various domains of executive functioning. Adolescents ages 13-14 performed less well than older adolescents (ages 17-18...

  3. Socio-Legal Perspectives on the Adjudication of Cultural Diversity Disputes in International Economic Law

    Valentina Sara Vadi

    2011-01-01

    This article explores and critically assesses the recent case law adjudicated by WTO panels and investment arbitral tribunals on cultural diversity related disputes. Adopting a socio-legal approach, this study focuses on the role that adjudicators have played in mapping the interactions between international economic law and the international cultural law i.e. international law protecting cultural diversity. While arbitrators have started to accommodate cultural values in argumentation patter...

  4. The role of PTSD in adjudicating violent crimes.

    Hamner, Mark B

    2014-01-01

    PTSD was formalized as a diagnosis by the American Psychiatric Association in 1980 with the publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM), 3rd edition. Since that time, the diagnosis has been widely utilized in the courts including the use in criminal proceedings. PTSD may play a role in the assessment of violent crimes both as a possible contributing factor in the perpetrators as well as a consequence in the victims. There are a number of ethical and clinical considerations in the use of this diagnosis. Importantly, the diagnostic criteria have changed to a degree with subsequent editions of the DSM. This may have an impact on the interpretation of past legal judgments. Moreover, extensive psychiatric comorbidity may complicate the clinical picture, e.g., mood disorders, substance use disorders, or psychosis. The diagnosis of PTSD is still based on clinical, largely subjective criteria, e.g., biological markers are not yet utilized. As such, there may not be consistent agreement about the diagnosis among experts. This paper summarizes some of these relevant issues in adjudicating violent crimes. PMID:25040379

  5. A Group Motivational Interviewing Intervention Reduces Drinking and Alcohol-Related Negative Consequences in Adjudicated College Women

    LaBrie, Joseph W.; Thompson, Alysha D.; Huchting, Karen; Lac, Andrew; Buckley, Kevin

    2007-01-01

    College students who violate campus alcohol policies (adjudicated students) are at high risk for experiencing negative alcohol-related consequences and for undermining campus life. Further, college women may be especially at risk due to differential intoxication effects and sexual consequences experienced mainly by female students. Research on interventions for adjudicated students, especially adjudicated females, has been limited. One hundred and fifteen college women who received a sanction...

  6. Exposure to airborne metals and particulate matter and risk for youth adjudicated for criminal activity

    Antisocial behavior is a product of multiple interacting sociohereditary variables, yet there is increasing evidence that metal exposure, particularly, manganese and lead, play a role in its epigenesis. Other metals, such as arsenic, cadmium, chromium, and mercury, and exposure to traffic-related air pollution, such as fine particulate matter (≤2.5 μm) have been associated with neurological deficits, yet largely unexplored with respect to their relationship with delinquent behavior. The purpose of this study is to evaluate the ecological relationship between county-wide reported airborne emissions of air metals, particulate matter, and youth adjudicated for criminal activity. Metal exposure data were collected from the Environmental Protection Agency AirData. Population statistics were obtained from the United States Census 2000 and adjudication data was obtained from the Courts of Common Pleases from each Ohio County. Simple correlations were calculated with the percentage of adjudications, all covariates, and estimated metal air emissions. Separate negative binomial regression models for each pollutant were used to provide an estimated risk ratio of pollutant emissions on the risk of adjudication for all Ohio counties adjusting for urban–rural residence, percentage of African Americans, median family income, percentage of family below poverty, percentage of high school graduation in 25 years and older populations, and population density. Metal emissions and PM in 1999 were all correlated with adjudication rate (2003–2005 average). Metal emissions were associated with slightly higher risk of adjudication, with about 3–4% increased risk per natural log unit of metal emission except chromium. The associations achieved statistical significance for manganese and mercury. The particulate matter ≤2.5 and ≤10 μm emissions had a higher risk estimate, with 12% and 19% increase per natural log unit emission, respectively, and also achieved statistical

  7. Exposure to airborne metals and particulate matter and risk for youth adjudicated for criminal activity

    Haynes, Erin N., E-mail: Erin.Haynes@uc.edu [College of Medicine, Department of Environmental Health, University of Cincinnati, Cincinnati, OH 45267 (United States); Chen, Aimin, E-mail: Aimin.Chen@uc.edu [College of Medicine, Department of Environmental Health, University of Cincinnati, Cincinnati, OH 45267 (United States); Ryan, Patrick, E-mail: Patrick.Ryan@uc.edu [College of Medicine, Department of Environmental Health, University of Cincinnati, Cincinnati, OH 45267 (United States); Succop, Paul, E-mail: Paul.Succop@uc.edu [College of Medicine, Department of Environmental Health, University of Cincinnati, Cincinnati, OH 45267 (United States); Wright, John, E-mail: John.Wright@uc.edu [College of Education, Criminal Justice, and Human Services, University of Cincinnati, Cincinnati, OH 45221 (United States); Dietrich, Kim N., E-mail: Kim.Dietrich@uc.edu [College of Medicine, Department of Environmental Health, University of Cincinnati, Cincinnati, OH 45267 (United States)

    2011-11-15

    Antisocial behavior is a product of multiple interacting sociohereditary variables, yet there is increasing evidence that metal exposure, particularly, manganese and lead, play a role in its epigenesis. Other metals, such as arsenic, cadmium, chromium, and mercury, and exposure to traffic-related air pollution, such as fine particulate matter ({<=}2.5 {mu}m) have been associated with neurological deficits, yet largely unexplored with respect to their relationship with delinquent behavior. The purpose of this study is to evaluate the ecological relationship between county-wide reported airborne emissions of air metals, particulate matter, and youth adjudicated for criminal activity. Metal exposure data were collected from the Environmental Protection Agency AirData. Population statistics were obtained from the United States Census 2000 and adjudication data was obtained from the Courts of Common Pleases from each Ohio County. Simple correlations were calculated with the percentage of adjudications, all covariates, and estimated metal air emissions. Separate negative binomial regression models for each pollutant were used to provide an estimated risk ratio of pollutant emissions on the risk of adjudication for all Ohio counties adjusting for urban-rural residence, percentage of African Americans, median family income, percentage of family below poverty, percentage of high school graduation in 25 years and older populations, and population density. Metal emissions and PM in 1999 were all correlated with adjudication rate (2003-2005 average). Metal emissions were associated with slightly higher risk of adjudication, with about 3-4% increased risk per natural log unit of metal emission except chromium. The associations achieved statistical significance for manganese and mercury. The particulate matter {<=}2.5 and {<=}10 {mu}m emissions had a higher risk estimate, with 12% and 19% increase per natural log unit emission, respectively, and also achieved statistical

  8. Local Government Level Restorative Adjudication: An Alternative Model of Justice for Children in Bangladesh

    Muhammad Mahbubur Rahman

    2009-11-01

    Full Text Available Keeping the best interests of children in mind, this paper examines the prevailing restorative model of justice at local government level of Bangladesh and argues that this model, if adequately activated and reformed, can be a desirable alternative to the formal system of justice for children who come into contact or conflict with the law. In doing so, the paper outlines the historical development of local government adjudication mechanisms, analyzes the existing norms and procedure of such adjudication, outlines the potential of such adjudication bodies as viable alternatives to juvenile courts in protecting the best interests of children, sets out the shortcomings of the local government bodies and the challenges involved in capturing their potential, and finally suggests a number of ways in which the model could be improved.

  9. Identifying Individuals with Autism in a State Facility for Adolescents Adjudicated as Sexual Offenders: A Pilot Study

    Sutton, Lawrence R.; Hughes, Tammy L.; Huang, Ann; Lehman, Cathryn; Paserba, David; Talkington, Vanessa; Taormina, Rochelle; Walters, Jessie B.; Fenclau, Eric; Marshall, Stephanie

    2013-01-01

    Using the criteria established by the Commonwealth of Pennsylvania, the assessment procedures for establishing an autism spectrum disorder (ASD) in a previously undiagnosed adjudicated group is detailed. We examined 37 male adolescents adjudicated delinquent for sexual offenses who were sentenced to treatment. Ultimately, 22 (60%) were found to…

  10. Relationships Between Future Orientation, Impulsive Sensation Seeking, and Risk Behavior Among Adjudicated Adolescents

    Robbins, Reuben N.; Bryan, Angela

    2004-01-01

    Because of high levels of risk behavior, adjudicated adolescents are at high risk for negative health outcomes such as nicotine and drug addiction and sexually transmitted diseases. The goal of this article is to examine relationships between future orientation and impulsive-sensation-seeking personality constructs to risk behaviors among 300…

  11. Structured Sensory Therapy (SITCAP-ART) for Traumatized Adjudicated Adolescents in Residential Treatment

    Raider, Melvyn C.; Steele, William; Delillo-Storey, Margaret; Jacobs, Jacqueline; Kuban, Caelan

    2008-01-01

    This randomized controlled study assessed the efficacy of a structured group therapy for traumatized, adjudicated adolescents in residential treatment. Youth were randomly assigned to a trauma intervention (SITCAP-ART) or to a waitlist/comparison group. The intervention included both sensory and cognitive/behavioral components. Standardized trauma…

  12. 78 FR 24669 - Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner...

    2013-04-26

    ... Security Practitioner Disciplinary Cases, 77 FR 2011 (Jan. 13, 2012). The Homeland Security Act of 2002, as... Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases AGENCY... that are the responsibility of the Department of Homeland Security (DHS). This rule also...

  13. 12 CFR 585.50 - What adjudications and offenses are not covered by this part?

    2010-01-01

    ... and offenses are not covered by this part? (a) Youthful offender or juvenile delinquent. This part does not cover any adjudication by a court against a person as: (1) A youthful offender under any youthful offender law; or (2) A juvenile delinquent by a court with jurisdiction over minors as defined...

  14. A Group Motivational Interviewing Intervention Reduces Drinking and Alcohol-Related Consequences in Adjudicated College Students

    LaBrie, Joseph W.; Lamb, Toby F.; Pedersen, Eric R.; Quinlan, Thomas

    2006-01-01

    This study examines the effectiveness of a single-session group motivational enhancement intervention with college students adjudicated for violation of alcohol policy. The intervention consisted of a timeline Followback assessment of drinking, social norms re-education, decisional balance for behavior change, relapse prevention, expectancy…

  15. Attention Therapy Improves Reading Comprehension in Adjudicated Teens in a Residential Facility

    Shelley-Tremblay, John; Langhinrichsen-Rohling, Jennifer; Eyer, Joshua

    2012-01-01

    This study quantified the influence of visual Attention Therapy (AT) on reading skills and Coherent Motion Threshold (CMT) in adjudicated teens with moderate reading disabilities (RD) residing in a residential alternative sentencing program. Forty-two students with below-average reading scores were identified using standardized reading…

  16. Reading Problems, Attentional Deficits, and Current Mental Health Status in Adjudicated Adolescent Males

    O'Brien, Natalie; Langhinrichsen-Rohling, Jennifer; Shelley-Tremblay, John

    2007-01-01

    This study examined the prevalence of reading problems and self-reported symptoms of attentional deficits in a sample of adjudicated adolescent males (N = 101) aged 12 to 18 years who were residing in an alternative sentencing residential program. Thirty-four percent of the youth had reading problems while only 9% of the boys had self-reported…

  17. Gender Differences in Psychopathic Traits, Types, and Correlates of Aggression among Adjudicated Youth

    Stickle, Timothy R.; Marini, Victoria A.; Thomas, Jamila N.

    2012-01-01

    The current study investigated gender differences in types and correlates of aggression among 150 adjudicated youth (M age = 15.2, SD = 1.4). In cluster analysis, consistent with past studies, one aggressive group characterized by moderate levels of reactive aggression and one characterized by high levels of proactive and reactive aggression…

  18. 28 CFR 42.2 - Designation of Director of Equal Employment Opportunity and Complaint Adjudication Officer.

    2010-07-01

    ... Opportunity Commission (29 CFR 1613.204(c)), the Assistant Attorney General for Administration is hereby... Employment Opportunity and Complaint Adjudication Officer. 42.2 Section 42.2 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND PROCEDURES...

  19. Local Government Level Restorative Adjudication: An Alternative Model of Justice for Children in Bangladesh

    Muhammad Mahbubur Rahman; Borhan Uddin Khan

    2009-01-01

    Keeping the best interests of children in mind, this paper examines the prevailing restorative model of justice at local government level of Bangladesh and argues that this model, if adequately activated and reformed, can be a desirable alternative to the formal system of justice for children who come into contact or conflict with the law. In doing so, the paper outlines the historical development of local government adjudication mechanisms, analyzes the existing norms and procedure of such a...

  20. At the Margins of Law: Adjudicating Muslim Families in Contemporary Delhi

    Lemons, Katherine

    2010-01-01

    This dissertation explores questions of religion, law and gender in contemporary Delhi. The dissertation is based on eighteen months of fieldwork I conducted in four types of Muslim family law institutions: sharia courts (dar ul qaza institutions), women's arbitration centers (mahila panchayats), a mufti's authoritative legal advice (fatawa), and a mufti's healing practice. All of these institutions adjudicate cases and attend to problems that fall under the definition of "Personal Law." Acco...

  1. Lorenz comparisons of nine rules for the adjudication of conflicting claims.

    Bosmans, Kristof; Lauwers, Luc

    2007-01-01

    Consider the following nine rules for adjudicating conflicting claims: the proportional, constrained equal awards, constrained equal losses, Talmud, Piniles’, constrained egalitarian, adjusted proportional, random arrival, and minimal overlap rules. For each pair of rules in this list, we examine whether or not the two rules are Lorenz comparable. We allow the comparison to depend upon whether the amount to divide is larger or smaller than the half-sum of claims. In addition, we provide Loren...

  2. Mobile Surveying of Cadastral Borders During the Adjudication of Parcel Boundaries

    Dolgan, Marko

    2006-01-01

    In this paper the mobile method of surveying cadastral border with mobile GIS applications is represented. Adjudication of parcel boundaries with presented method consists from next steps. In office geodetic expert transfers geodetic data into the field computer. In the field total station is placed to the most appropriate position. The total station is then connected to the field computer. By measuring cadastral border points that are identical to border points on cadastral map, the position...

  3. Adjudicated Morbidity and Mortality Outcomes by Age among Individuals with HIV Infection on Suppressive Antiretroviral Therapy

    Miller, Christopher J.; Baker, Jason V.; Bormann, Alison M.; Erlandson, Kristine M.; Katherine Huppler Hullsiek; Justice, Amy C.; Jacqueline Neuhaus; Roger Paredes; Kathy Petoumenos; Deborah Wentworth; Alan Winston; Julian Wolfson; NEATON, James D

    2014-01-01

    BACKGROUND: Non-AIDS conditions such as cardiovascular disease and non-AIDS defining cancers dominate causes of morbidity and mortality among persons with HIV on suppressive combination antiretroviral therapy. Accurate estimates of disease incidence and of risk factors for these conditions are important in planning preventative efforts. METHODS: With use of medical records, serious non-AIDS events, AIDS events, and causes of death were adjudicated using pre-specified criteria by an Endpoint R...

  4. The Politics of Scaling Water Governance and Adjudication in New Mexico

    Eric P. Perramond

    2012-02-01

    Full Text Available This paper discusses the scalar politics of the water rights adjudication process in New Mexico (US. Over the past 150 years, water governance in New Mexico has gradually shifted away from communal management towards more individualised 'water rights'. This paper addresses the consequences of this shift for water users while also addressing the literature on the politics of scale and scalar politics. Actors engaged in water governance mobilise scale, and scalar politics operate in different settings, depending on the priorities of the stakeholders. Using interviews, archival research, and institutional ethnography, I illustrate how scale of various kinds is fundamental to the process of water rights adjudication and water governance in the state of New Mexico. Although the academic sense of the politics of scale remains contested, these debates seem largely abstract to most water users, even if they materially and rhetorically engage in multiple levels of scalar politics. The framing of scale arguments ranges from the biopolitics of individual water rights holders, to the new regionalisation of ditches due to adjudication, to considerations at the larger watershed level.

  5. Not Just the Facts: Adjudicator Bias and Decisions of the Immigration and Refugee Board of Canada (2006-2011

    Innessa Colaiacovo

    2013-12-01

    Full Text Available The Immigration and Refugee Board of Canada (IRB is Canada’s largest administrative tribunal. The Refugee Protection Division (RPD of the IRB is responsible for the adjudication of refugee claims made from within Canada.  In accordance with its obligations under international law, Canada grants protection to persons who have a well-founded fear of persecution because of race, nationality, religion, political opinion, or membership in a particular social group. In addition, a person may request protection in Canada on the basis of his or her fear of torture, risk to life or risk of cruel and unusual treatment or punishment. Acceptance (approval rates of claims vary widely across members of the IRB, with some granting asylum in less than 10 percent of cases, and others granting asylum in more than 90 percent of cases. Despite this fact, there is a lack of analysis exploring whether grant rates vary systematically in relationship to observed characteristics of adjudicators. This paper presents statistical analysis of over 68,000 refugee claims adjudicated by 264 members of the board from 2006 to 2011. It finds that the probability of acceptance is associated with individual members’ characteristics including education, gender, and professional experience, when holding constant the claimant’s country of origin, gender, and the year and regional office of adjudication. The findings suggest that the identity of the adjudicator affects whether or not an individual receives asylum. 

  6. Celebrity Adjudication: Comparative Analyses of United States Verdict Rates for Celebrity Defendants

    Carroll, Bruce A.

    2013-01-01

    The effect of outside influences on judicial decision-making has a long and storied history. However, the impact of celebrity status as an outside influence on judicial decision-making has received very little attention in the literature. I examine 303 celebrity verdicts from 1998 to 2010 to shed light on whether celebrities are adjudicated in the same or a similar manner as non-celebrities. My findings suggest that celebrities do not receive any special treatment at trial, but in fact are co...

  7. Oregon's Gun Relief Program for Adjudicated Mentally Ill Persons: The Psychiatric Security Review Board.

    Britton, Juliet; Bloom, Joseph D

    2015-06-01

    This article describes the State of Oregon's implementation of two programs designed to comply with federal gun laws regarding reporting individuals who have received mental health adjudications in criminal and civil courts. One mandate requires that states submit names of adjudicated individuals to the National Instant Criminal Background Check System (NICS) while the second requires that the state establish a qualifying gun restoration program for those disqualified from gun ownership. In 2009, Oregon's Legislature developed an administrative approach to gun restoration and assigned the responsibility for conducting these hearing to the Oregon Psychiatric Security Review Board (PSRB). The PSRB is a state administrative board that has existed since 1977 and has been primarily focused on the supervision and treatment of adult and juvenile insanity acquittees. The gun restoration program began in 2010, but to date has only received three completed petitions requesting restoration of firearm rights. The article concludes with a discussion that surmises why very few of the Oregonians who are listed in NICS have submitted petitions for relief. PMID:25728522

  8. A Randomized Implementation Study of Trauma-Focused Cognitive Behavioral Therapy for Adjudicated Teens in Residential Treatment Facilities.

    Cohen, Judith A; Mannarino, Anthony P; Jankowski, Kay; Rosenberg, Stanley; Kodya, Suzanne; Wolford, George L

    2016-05-01

    Adjudicated youth in residential treatment facilities (RTFs) have high rates of trauma exposure and post-traumatic stress disorder (PTSD). This study evaluated strategies for implementing trauma-focused cognitive behavioral therapy (TF-CBT) in RTF. Therapists (N = 129) treating adjudicated youth were randomized by RTF program (N = 18) to receive one of the two TF-CBT implementation strategies: (1) web-based TF-CBT training + consultation (W) or (2) W + 2 day live TF-CBT workshop + twice monthly phone consultation (W + L). Youth trauma screening and PTSD symptoms were assessed via online dashboard data entry using the University of California at Los Angeles PTSD Reaction Index. Youth depressive symptoms were assessed with the Mood and Feelings Questionnaire-Short Version. Outcomes were therapist screening; TF-CBT engagement, completion, and fidelity; and youth improvement in PTSD and depressive symptoms. The W + L condition resulted in significantly more therapists conducting trauma screening (p = .0005), completing treatment (p = .03), and completing TF-CBT with fidelity (p = .001) than the W condition. Therapist licensure significantly impacted several outcomes. Adjudicated RTF youth receiving TF-CBT across conditions experienced statistically and clinically significant improvement in PTSD (p = .001) and depressive (p = .018) symptoms. W + L is generally superior to W for implementing TF-CBT in RTF. TF-CBT is effective for improving trauma-related symptoms in adjudicated RTF youth. Implementation barriers are discussed. PMID:26747845

  9. Agreement between public register and adjudication committee outcome in a cardiovascular randomized clinical trial

    Kjøller, Erik; Hilden, Jørgen; Winkel, Per;

    2014-01-01

    UNLABELLED: The objective of this study is to describe the agreement between randomized trial outcome assessment by committee and outcomes entirely identified through public registers. METHODS: In the CLARICOR trial, 4,372 patients with stable coronary heart disease received a short course...... of clarithromycin versus placebo and were followed up for 2.6 years. The pertinent hospital records and death certificates had originally been evaluated by the adjudication committee using common definitions of outcomes mapped into a 6-category list. We now mechanically converted the International Classification...... of Diseases-coded diagnoses of the public registries into the same categories. After cross-tabulation of the committee diagnoses with National Patient Register diagnoses and Register of Causes of Death, we calculate agreement and compare the estimated intervention effects of the 2 data sets. RESULTS...

  10. Comparing patterns and predictors of immigrant offending among a sample of adjudicated youth.

    Bersani, Bianca E; Loughran, Thomas A; Piquero, Alex R

    2014-11-01

    Research on immigration and crime has only recently started to consider potential heterogeneity in longitudinal patterns of immigrant offending. Guided by segmented assimilation and life course criminology frameworks, this article advances prior research on the immigration-crime nexus in three ways: using a large sample of high-risk adjudicated youth containing first and second generation immigrants; examining longitudinal trajectories of official and self-reported offending; and merging segmented assimilation and life course theories to distinguish between offending patterns. Data come from the Pathways to Desistance study containing detailed offending and socio-demographic background information on 1,354 adolescents (13.6 % female; n = 1,061 native-born; n = 210 second generation immigrants; n = 83 first generation immigrants) as they transition to young adulthood (aged 14-17 at baseline). Over 84 months we observe whether patterns of offending, and the correlates that may distinguish them, operate differently across immigrant generations. Collectively, this study offers the first investigation of whether immigrants, conditioned on being adjudicated, are characterized by persistent offending. Results show that first generation immigrants are less likely to be involved in serious offending and to evidence persistence in offending, and appear to be on a path toward desistance much more quickly than their peers. Further, assimilation and neighborhood disadvantage operate in unique ways across generational status and relate to different offending styles. The findings show that the risk for persistent offending is greatest among those with high levels of assimilation who reside in disadvantaged contexts, particularly among the second generation youth in the sample. PMID:24150541

  11. How Could the Pension Funds Adjudicator Get it so Wrong? A Critique of Smith v Eskom Pension and Provident Fund

    N Dyani

    2010-08-01

    Full Text Available In this case note the judgment in the Smith case is criticized for being inconsistent with the landmark ruling in Volks. It is argued that the Adjudicator ought to have remanded the matter in Smith to the Board and ought to have ordered it to re-examine its discretion with a focus on a set of factors. Some of the negative effects of Smith on the pension funds industry are also outlined. While the authors express their understanding that the Adjudicator's decision in Smith was made with the rights of women in mind, they believe that her reasoning was wrong. She may have arrived at the same decision on different reasoning. In order to prevent the negative effects of Smith on the pension funds industry, it is recommended that the Adjudicator, when given an opportunity, should overrule the precedent set in Smith. Failure to do so would create the risk of the inconsistent application of the term "spouse" under South African law, or at the very least in relation to acts of Parliament administered by the National Treasury, which may potentially violate the equality provisions of the Constitution.

  12. Predictors and Consequences of Gang Membership: Comparing Gang Members, Gang Leaders, and Non-Gang-Affiliated Adjudicated Youth

    Dmitrieva, Julia; Gibson, Lauren; STEINBERG, LAURENCE; Piquero, Alex; Fagan, Jeffrey

    2014-01-01

    This 7-year study of 1,170 male adjudicated youth examined how self-esteem, psychopathy, and psychosocial maturity relate to gang status (low-level member, leader, and non-gang member). Low temperance, perspective, and responsibility predicted being a low-level gang member, whereas only lower temperance predicted being a gang leader. Low self-esteem predicted gang membership (low-level and high-level) at a younger age (i.e., during adolescence). However, higher self-esteem and grandiose-manip...

  13. The Influence of Reflective Opposite-Sex Norms and Importance of Opposite-Sex Approval on Adjudicated Student Drinking: Theoretical Extensions and Implications

    Hummer, Justin F.; LaBrie, Joseph W.; Lac, Andrew; Louie, Brian

    2013-01-01

    This study examines the salience and influence of reflective norms regarding opposite- sex friends, dating, and sexual partners on drinking behaviors of heterosexual college students sanctioned for violating the campus alcohol policy (i.e., adjudicated students). Results revealed that the level of importance placed on approval from the opposite…

  14. Effects of School-Based Risk and Protective Factors on Treatment Success Among Youth Adjudicated of a Sexual Crime.

    Yoder, Jamie R; Hansen, Jesse; Ruch, Donna; Hodge, Ashleigh

    2016-04-01

    Youth with sexually problematic behaviors are impacted by the reciprocal interplay between individual characteristics and the key social and ecological systems in which they are embedded. The paucity of research on protective factors mitigating risks within various socioecological systems is of concern, as the school is one such system that has been overlooked. This study retroactively investigated probation files among youth who were adjudicated of a sexual crime (N = 85) to determine how school-level variables are associated with treatment completion. A sequential logistical regression model revealed reduced odds for school-based risk factors and a greater proportion of variance explained when school-based protective factors were included. Implications and research considerations are discussed. PMID:27135384

  15. The Independence of Commercial Law and the Independency of Commercial Adjudication%商法的独立性与商事审判的独立化

    赵万一

    2012-01-01

    商事审判独立化既是商法独立性的必然要求和主要标志,同时也是实现商法独立性的重要保障,没有商事审判的独立化就没有真正意义上的商法独立。实现商事审判独立化的关键首先在于确立独立的商事审判理念,这些理念主要包括重效率的审判理念、侧重动态保护和强调利益均衡的审判理念、尊重当事人意思自治的审判理念及促进商事交易效率与安全并重的理念等。在商事审判程序的具体设计上,应当在充分把握商事审判特殊性的基础上,建立独立的法官队伍并对法官的自由裁量权做出必要限制,注重法院司法能动性的发挥,确立商事惯例和商事判例作为法律渊源的地位和作用,注意发挥诉讼替代程序在商事纠纷争议解决中的作用,强化诚信原则在商事裁判中的独特作用,充分尊重国际惯例在商事审判中的作用。%The independency of commercial adjudication is a necessary requirement and a significant sign for the independence of commercial law,which is also a guaranty to realize the independence of commercial law.Without the independency of commercial adjudication,there could be no independence of commercial law in a sense.The key to realize the independency of commercial adjudication is to establish certain relevant ideas,which mainly include putting an emphasis on the efficiency of adjudication,giving a priority to the dynamic protection and balance of interest in the adjudication,a self-government based on the opinions of the litigants,as well as paying equal attention to the efficiency and security of commercial transaction.When comes to design the procedure of commercial adjudication,the following points should be taken into consideration,i.e.,an independent group of judges,with limited discretion,should be established in consideration of the particularity of commercial adjudication;the court may play an active role in the judicature

  16. Development of a Marketing Campaign to Recruit Non-adjudicated and Untreated Abusive Men for a Brief Telephone Intervention.

    Mbilinyi, Lyungai F; Zegree, Joan; Roffman, Roger A; Walker, Denise; Neighbors, Clayton; Edleson, Jeffrey

    2008-07-01

    Although voluntary enrollment by abusive men in domestic violence perpetrator treatment programs occurs, most men enter treatment only after they have injured a partner or family member and have been arrested, convicted and sentenced. This leaves a serious gap for those who engage in abusive behavior but who have not been served by the legal or social service systems. To address this gap, the researchers applied social marketing principles to recruit abusive men to a telephone-delivered pre-treatment intervention (the Men's Domestic Abuse Check-Up-MDACU), designed to motivate non-adjudicated and untreated abusive men who are concurrently using alcohol and drugs to enter treatment voluntarily. This article discusses recruitment efforts in reaching perpetrators of intimate partner violence, an underserved population. Informed by McGuire's communication and persuasion matrix, the researchers describe three phases of the MDACU's marketing campaign: (1) planning, (2) early implementation, and (3) revision of marketing strategies based on initial results. The researchers' "lessons learned" conclude the paper. PMID:22707851

  17. 论法官的依法裁判——兼论法教义学方法对法官裁判的意义%On Judge's Adjudication under Law: Also on the Significance of Judge's Adjudication for Dogmatics of Law

    王春业; 张忱子

    2012-01-01

    在司法实践中,法官裁判工作屡屡遭遇社会舆论、民意导向和政策要求的严重干扰,影响了司法公正。法教义学强调法律文本的权威,强调对现有法律的执行,是法官裁判过程中摆脱困境的一条根本出路。法教义学方法并不否定法官自由裁量权,而是对其进行合理的控制与规范。为达到以法教义学方法进行依法裁判的目的,必须在法官思维的养成、促使法官严格依法解释上下功夫,同时为法官创造良好的适用法教义学方法裁判的外部环境。%In judicial practice, the judge's adjudication was seriously interfered by public opinion, public opinion orientation and policy requirements repeatedly and the judicial fairness was affected. The dogmatics of law emphases on the authority of the legal text and the emphasizing on the enforcement of existing laws was a fundamental way out of the predicament in the process of adjudication. The dogmat- ics of law does not negate the discretion of the judge while it was controlled and regulated reasonably. In order to achieve the purpose of carrying out the adjudication under law with the dogmatics of law, it must try to cultivate the judge's thinking, promote the judges to explain with law strictly and create an external environment for the judges to adjudicate with the dogmatics of law.

  18. Analysis of 44 Cases before the Landlord and Tenant Board Involving Bed Bug Infestations in Ontario, Canada: Focus on Adjudicator Decisions Based on Entomological/Pest Management Evidence and Accountability under the Residential Tenancy Act and Other Applicable Legislation

    Sam Bryks

    2011-07-01

    Full Text Available The resurgence of bed bugs in major urban centres in North America has resulted in conflict between landlords and tenants. This is commonly focused on attribution of blame for source of infestation, on responsibility, on costs for preparation, treatment and losses, and for compensation as rent abatement and/or alternative temporary housing. In Ontario, Canada, these issues are often decided by adjudicators at the Landlord and Tenant Board hearing claims, counter-claims and defense by legal representation (lawyers and paralegals as well as through mediation. Evidence in these hearings may include photographs, invoices for costs as well as testimony by tenants, landlords and “expert witnesses” who are most often pest control firms representing their landlord clients. A total of 44 Landlord and Tenant Board adjudicated cases available online were analyzed. The analysis included elements of the decisions such as adjudicator, claimant (landlord or tenant, basis of claim, review of evidence, amount of claim, amount awarded, and evaluation of the quality of the evidence. The results of the analysis of these findings are discussed. Recommendations for improvement of adjudicator decisions on the basis of knowledge of bed bug biology and Integrated Pest Management best practices are presented as well as the importance of education of tenants and landlords to a process of mutual trust, support and accountability.

  19. Examining the validity of the Structured Assessment of Violence Risk in Youth (SAVRY) for predicting probation outcomes among adjudicated juvenile offenders.

    Childs, Kristina K; Ryals, John; Frick, Paul J; Lawing, Kathryn; Phillippi, Stephen W; Deprato, Debra K

    2013-01-01

    The current study examined the ability of the Structured Assessment of Violence Risk for Youth (SAVRY), a standardized risk assessment instrument, to predict probation outcomes among a sample of 158 adjudicated juvenile offenders placed on probation. Traditionally, the SAVRY has been used to measure violence risk among adolescents after release from custody. More recently, a delinquency risk measure based on SAVRY responses was developed, which could be useful for other types of outcome. This study examined the predictive validity of both summary risk ratings (SRR) for probation outcomes, including the reason for terminating probation and length of time on probation. A number of bivariate analyses and Cox regression models provided preliminary support for the ability of the nonviolent delinquency SRR, and modest support for the violence SRR, to predict probation outcomes. The implications for use of the SAVRY SRRs during juvenile justice system decision-making and recommendations for future research are discussed. PMID:23606362

  20. Procurement Adjudication and the Rights of Children: Freedom Stationery (Pty Ltd v MEC for Education, Eastern Cape 2011 JOL 26927 (E

    M Couzens

    2012-03-01

    Full Text Available Children are heavily reliant on the services provided by the government and irregularities in public procurement processes are bound to affect the realisation of children's rights. In the Freedom Stationery (Pty Ltd v The Member of the Executive Council for Education, Eastern Cape the Court was urged by the Centre for Child Law acting as an amicus curiae to consider children's right to education and their best interests when deciding on an interim interdict which would result in a delay in the provision of stationery to several schools in the Eastern Cape. This case note contains a summary of the case, some comments on the court's approach to the rights of children in procurement adjudication, and an assessment of the significance of the case for the development of children's rights in South Africa.

  1. Theoretical Basis and Practical Problems of Releasing Judicial Adjudicative Documents%法院裁判文书公开的理论基础和现实问题

    闫博慧

    2015-01-01

    The judicial adjudicative document is a written decision made by the court in accordance with the facts of the case and relevant laws.As a result of the operation of the judicial power,the judicial adjudicative document is not only a reply of the judges to the litigant’s right of action, but also the carrier of judicial justice and public trust.Along with the reform of the judicial sys-tem,the reform of judicial adjudicative documents also improved.However,in the course of re-leasing judicial adjudicative documents,some practical problems have arisen.The author of this paper puts forward some specific measures to solve these problems in order to better play the function and role of the judicial adjudicative documents,promote judicial justice,and improve public trust.%裁判文书是法院根据案件事实和法律,经过审理所作出的具有法律拘束力的书面决定。作为司法权和审判权运作的结果,裁判文书不仅仅是法官对于当事人诉权的答复,它更是司法公正与公信的载体。随着司法制度改革力度的加大,裁判文书改革也在不断完善。然而在裁判文书公开制度方兴未艾的同时,也显现出一些实际问题,文章针对这些问题给出了相应的具体措施,以便更好地发挥裁判文书的功能和作用,以裁判文书公开促进司法公正、提升公信力。

  2. On the Adjudication and Selection of Hospital Organizational Culture on Organizational Citizenship Behavior%论医院组织文化对组织公民行为的裁择

    张玉龙; 陈晓阳

    2011-01-01

    Hospital Organizational Culture has an important influence on organizational citizenship behavior. We can adjudicate and select out basic dimensions about medical staff organizational of citizenship behavior from four directions such as support, innovation, goal and rule. Clear OCB can guide medical staff to rational cognition to the physician's position and professional spirit, promote remodeling of the image and professionalism of physicians and the way and direction to affect the remodeling.%医院组织文化对医务人员组织公民行为具有重要的影响,在支持、创新、目标、规则四个导向上权衡和选择出了医务人员组织公民行为的基本维度.明晰的OCB可以引导医务人员对医师的地位作用和职业精神的理性认知,促进医师形象和职业精神的重塑,以及影响医师形象和职业精神重塑的出路和方向.

  3. Limitation of Socio-Economic Rights in the 2010 Kenyan Constitution: A Proposal for the Adoption of a Proportionality Approach in the Judicial Adjudication of Socio-Economic Rights Disputes

    Nicholas Wasonga Orago

    2013-12-01

    Full Text Available On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 Constitution aimed at achieving this egalitarian transformation is the entrenchment of justiciable socio-economic rights (SERs, an integral part of the Bill of Rights. The entrenched SERs require the State to put in place a legislative, policy and programmatic framework to enhance the realisation of its constitutional obligations to respect, protect and fulfill these rights for all Kenyans. These SER obligations, just like any other fundamental human rights obligations, are, however, not absolute and are subject to legitimate limitation by the State. Two approaches have been used in international and comparative national law jurisprudence to limit SERs: the proportionality approach, using a general limitation clause that has found application in international and regional jurisprudence on the one hand; and the reasonableness approach, using internal limitations contained in the standard of progressive realisation, an approach that has found application in the SER jurisprudence of the South African Courts, on the other hand. This article proposes that if the entrenched SERs are to achieve their transformative objectives, Kenyan courts must adopt a proportionality approach in the judicial adjudication of SER disputes. This proposal is based on the reasoning that for the entrenched SERs to have a substantive positive impact on the lives of the Kenyan people, any measure by the government aimed at their limitation must be subjected to strict scrutiny by the courts, a form of scrutiny that can be achieved only by using the proportionality standard entrenched in the article 24 general limitation clause.

  4. 77 FR 7115 - Committee on Adjudication

    2012-02-10

    .... Committee members will discuss the research report by posting comments to the forum and reading comments... research report by posting comments to the forum and reading comments submitted to the forum by other... research report prepared by Professor Lenni B. Benson (New York Law School) and Russell Wheeler...

  5. Ethics Education and Adjudication within Psychology.

    Mills, David H.

    1984-01-01

    Provides an overview of the formal ethics system within psychology. Describes the structure of the American Psychological Association (APA) and state ethics systems, functions of APA's Committee on Scientific and Professional Ethics and Conduct, and its procedures for handling complaints. (Author/CMG)

  6. Disability Case Adjudication and Review System

    Social Security Administration — DICARS is the legacy system supporting business processes in the Disability Quality Branches (DQBs). It supports quality reviews of DDS disability determinations....

  7. Immigration adjudication reform: the case for automation

    Sanford, Abigail J.

    2014-01-01

    Approved for public release; distribution is unlimited A bill that has passed the United States Senate, S. 744, proposes a Lawful Prospective Immigrant (LPI) status and a path to Citizenship for an estimated 11–12 million undocumented immigrants in the United States. United States Citizenship and Immigration Services (USCIS) is the agency that would be responsible for processing applications for LPI status or other immigration benefits authorized by immigration reform legislation or admini...

  8. 20 CFR 320.6 - Adjudicating office.

    2010-04-01

    ... filing of claims for sickness benefits under § 335.4(c) of this chapter; (5) Receipt of remuneration for... Insurance Act. (d) Director of Operations. The Director of Operations is authorized to make determinations...) and (c) of this section, and on any other issue not reserved to the Director of Policy and Systems...

  9. 32 CFR 147.2 - Adjudicative process.

    2010-07-01

    ...: Financial considerations. (7) Guideline G: Alcohol consumption. (8) Guideline H: Drug involvement. (9... pertinent behavioral changes; (7) The motivation for the conduct; (8) The potential for pressure,...

  10. Cases of Trademark Examination Review and Adjudication

    Cao Xinwei

    2005-01-01

    @@ Case of Reexamination of Rejection of Trademark "GE" On 20 December 2001, the US General Electric Company (GE) filed with the Trademark Office an application for regG Eistration of the trademark "GE"(see Fig.l) on goods in class 8 of the International Classification: hand tools, table cutlery (knives, forks and spoons), side arms other than firearms, fish forks. Upon examination, the Trademark Office, pursuant to Article 11, paragraph one (3) and Article 28 of the Trademark Law of the People's Republic of China, rejected, on 9 October 2002, the application for registration of said mark, and made no publication thereof on the grounds that "the trademark applied for registration was the combination of two letters of ordinary typeface, which was not distinctive, so should not be registered as a trademark".

  11. 我国刑事医疗过失犯罪判决的实证研究%An empirical study on criminal medical negligence crime adjudications in china

    谈在祥

    2014-01-01

    Medical malpractice is a typical vocational negligence crime. The 1997 Chinese Criminal Law newly added medical malpractice crime in order to better regulate serious medical negligence. In this paper, a research has been done for the period during the year of 1997 when such crime charge had been initially erected and September 30, 2013, and we select a total of 40 medical malpractice court verdicts as well as related media reports as study samples, which relfects an annual average of 2.5 medical malpractice verdicts, with an average sentence of 1.6 years, 45%probation rate, 5%innocence rate, and resulting in the death of 95%patients. Within scope of the 40 samples, prosecution of cases account for 97.5%, civil suits collateral to criminal proceedings account for 77.5%, with an average damage compensation of 101,308.33 RMB, showing a low lawsuit rate and light sentencing. Such data also relfects featured points such as subjects more often than not were local medical staff, judges in these cases overweighed on forensic appraisal opinions, and civil compensations often replaced criminal obligations. It also exposes numerous difficulties on legislative and judicial levels. Relying upon empirical conclusive analysis, this paper explores the ways to improve criminal medical negligence adjudications on legislative and judicial levels in China.%医疗事故罪是典型的业务过失犯罪,1997年《刑法》增设医疗事故罪以期更好的规制重大医疗过失行为。本文检索该罪名设立以来至2013年9月30日,17年间我国医疗事故罪的判决文书和媒体案例40例为样本,年均医疗事故罪判决2.5起,平均量刑为1.60年,缓刑率45%,无罪率为5%,造成患者死亡的占95%。样本范围内,公诉案件占97.5%,刑事附带民事案件占77.5%,平均赔偿金额为101308.33元,呈现出判例数量极少且量刑异常轻微、主体多为基层医务人员、法官过度依赖鉴定意见、民事赔偿取代

  12. 区域贸易协定“可司法性”问题新论——朗·富勒司法哲学的启示%New Analysis on "Justiciability" of Regional Trade Agreements——Instruction from Lon Fuller's Adjudicative Philosophy

    刘彬

    2011-01-01

    The conformity of regional trade agreements with the WTO disciplines is a very difficult problem in international judicial practice.Lon Fuller analyzed the main features and limitations of adjudication and argues "polycentric tasks" are not suitable for judicial solving,which can be very instructive for international law.Subjected to a series of complicated factors,The conformity of regional trade agreements with the WTO disciplines is a typical "polycentric tasks" and its justiciability is pretty weak.It provides a new analytical tool to distinguish politics and law in the process of international rule of law that polycentric tasks are not suitable for judicial solving.%区域贸易协定与WTO纪律的相符性问题是国际司法实践中的一大难题。法理学者朗·富勒论述了司法的主要特征与局限,指出"多中心任务"不适合司法解决,这一思想对国际法具有高度借鉴价值。受制于一系列复杂因素,区域贸易协定与WTO纪律的相符性问题是一个典型的"多中心任务",可司法性较弱。"多中心任务"不适合司法解决的思想,为国际法治推进过程中政治与法律的分野提供了新的分析工具。

  13. 自治规则在民事司法裁判中的作用——基于对最高院公报侵权案例的梳理%The Function of Self - Governing Rule on Civil Judicial Adjudication ——Based on the collating of tort cases published by the Supreme Court

    马辉

    2012-01-01

    自治规则是在政治国家与市民社会的分野中实现多元化社会治理的必然路径,无论是体现私法自治精神,还是通过公法授权而形成的自治规则,均有可能对其内部成员和外部第三人的合法权益构成侵害。对《最高人民法院公报》案例的梳理表明,法院在适用自治规则做出侵权裁判时常将其作为行为人过错判断的具体化标准,因而在自治规则与注意义务之间建立了关联。在没有法律明确规定的情形下,对于自治规则的适用同样会带来侵权法保护利益范围的扩张。%Self- governing rule is an inevitable choice to fulfill the multi -layered social governance under the circumstance of civil society separating from political country, and all the self - governing rules, whether it' s from autonomy of private law or empowered by public law, can inflict civil harm both on the inner members and outsiders of the self - governing organization. The collating of the tort cases published by the Supreme Court of China indicates that courts usually take the disobedience of self - governing rule as fault of the defend- ants in tort adjudications,which means self - governing rule is to some extent related to duty of care, further- more the application of self - governing rule enlarges the protection range of tort law in the absence of positive legal regulations.

  14. Internal market adjudication and the quality of life in Europe

    DAVIES, Gareth T.

    2014-01-01

    The cases decided by the Court of Justice concerning free movement of goods and services are often seen in terms of a difficult balance between trade and consumer protection. This paper suggests that their major consequences are not for the consumer at all, but for quality of life in European societies. Legislation which restricts what can be sold, and who can sell it, has consequences for equality, autonomy, social cohesion, and identity which are greater in importance than any consumer-prot...

  15. Cases of Trademark Examination and Review/Adjudication

    Cao Xinwei

    2004-01-01

    @@ Trademark "CAREFUL" The Ruian City Kangfuya Health Products Co., Ltd. in Zhejiang Province filed, on 25 September 1996, an application for registration of the trademark "CAREFUL" (see Fig. 1) on goods in class 5 of the International Classification, "toilet napkins, disposable underpants and diapers for incontinence of urine".

  16. Academic Dishonesty: Behaviors, Sanctions, and Retention of Adjudicated College Students

    Olafson, Lori; Schraw, Gregory; Kehrwald, Nicholas

    2014-01-01

    Academic dishonesty, also known as academic misconduct, includes a variety of actions such as plagiarism, cheating on tests using text messaging or concealed notes, exchanging work with other students, buying essays from students or on the Internet, and having other students write examinations (Diekhoff, LaBeff, Shinohara, & Yasukawa, 1999;…

  17. 77 FR 39057 - Rules of Practice for Adjudication Proceedings

    2012-06-29

    ... party an opportunity to object to the disclosure of allegedly confidential information contained within such filings. This policy is intended to protect confidential information from inadvertent disclosure... Sec. 1081.119(a) to file a disclosure statement and notification of financial interest....

  18. First experiences with High Resolution Imagery Based Adjudication Approach for Social Tenure Domain Model in Ethiopia

    Lemmen, C.; Zevenbergen, J.A.; Lengoiboni, M.; Deininger, K.; Burns, T.

    2009-01-01

    Since the start of the 21st century, great progress has been made with rural land certification in Ethiopia. This process, however, has been mainly confined to the so called first phase certificates. These certificates do identify the land holding households (with name etc. and photographs), but lim

  19. Group Training for Social Skills: A Program for Court-Adjudicated, Probationary Youths.

    Hazel, J. Stephen; And Others

    1982-01-01

    Describes a group training program for teaching social skills to juveniles on probation. The program teaches eight skills: giving positive feedback, giving negative feedback, accepting negative feedback, resisting peer pressure, problem-solving, negotiation, following instructions, and conversation. An eight-month follow-up showed good retention…

  20. Paternity Adjudication: In the Best Interests of the Out-of-Wedlock Child.

    Nichols-Casebolt, Ann

    1988-01-01

    Discusses the claim that little has been done by health, social work, and educational professionals to speak up about the fact that children born out-of-wedlock lack the economic and psychological benefits that attach to the right to legal paternity. (RWB)

  1. Predictors of Offense Severity, Adjudication, Incarceration, and Repeat Referrals for Juvenile Offenders: A Multicohort Replication Study

    Barrett, David E.; Katsiyannis, Antonis; Zhang, Dalun

    2010-01-01

    The authors examined predictors of offense severity, judicial disposition (e.g., diversion, prosecution, incarceration), and repeat offending. Data were obtained on approximately 100,000 individuals from the South Carolina Department of Juvenile Justice. Whites and females were more likely to be prosecuted than Blacks and males, particularly for…

  2. 75 FR 30690 - Civil Penalty Inflation Adjustment for Commercial Space Adjudications

    2010-06-02

    ... penalties for aviation contained in 14 CFR part 13. [See 61 FR 67445, Dec. 20, 1996, as amended by Amdt. 13-28, 62 FR 4134, Jan. 29, 1997; 67 FR 6366, Feb. 11, 2002; Amdt. 13-33, 71 FR 28522, May 16, 2006; 71 FR 47077, Aug. 16, 2006; 71 FR 52407, Sept. 6, 2006.] Background The FCPIAA determines...

  3. The Importance of Technical Reachback in the Adjudication of Radiation Alarms

    Buckley, W M; Allen, R W

    2009-03-18

    The large-scale deployment of radiation sensors at borders, ports-of-entry and other locations carries two disparate priorities: the reliable detection and identification of threat materials and the rapid characterization of non-threat materials comprised of naturally occurring radioactive materials (NORM) and legitimate radioactive materials in streams of commerce. These priorities are partially achieved through the technologies contained in the detection systems and the procedures developed for their operation. However, questions and ambiguities will occur. Without established capabilities and procedures for the operators of these detector systems to 'reach back' to trained spectroscopists and appropriate subject matter experts, the system will likely experience an unacceptable number of response operations and delays resolving alarms. Technical reachback operations need to be able to address the priorities discussed above while causing minimal perturbations in the flow of legitimate streams of commerce. Yet when necessary, reachback needs to be able to rapidly mobilize the appropriate response assets.

  4. Adjudicating mentally disordered offenders in Ghana: The criminal and mental health legislations.

    Adjorlolo, Samuel; Chan, Heng Choon Oliver; Mensah Agboli, Jacob

    2016-01-01

    The involvement of mentally disordered offenders (MDOs) in the criminal justice system (CJS) is currently a major public health concern. This has culminated in several empirical researches over the years, with a particular focus on addressing the problem. The present study examines the criminal and the mental health legislations available to offenders raising fitness to stand trial issues, as well as those pleading insanity at the time of the offense (insanity defense) in Ghana. The legislations are examined within a framework of reducing the overrepresentation of MDOs in the CJS. In doing so, comparisons are made to similar legislations in other commonwealth jurisdictions, when necessary. Regarding fitness to stand trial, it is evident that the Ghanaian legislation does not contain discrete fitness indicators, relative to, for instance, Canada. Yet, it is interesting that the terminologies 'unsound mind' and 'incapable of making a defence' used in the proviso convey similar meaning and requirements to those used in other jurisdictions. The insanity defense standard, on the other hand, is also heavily influenced by the M'Naughton Rules in England. The defense consists of two separate cognitive tests, each of which can result in an acquittal. One of the tests strictly emphasizes knowledge of the nature and consequences of the act while knowledge of the wrongness of the criminal act is implied in the other. However, none of the tests takes into consideration uncontrollable impulse arising from mental disorder. The study proposes some revisions and amendments to the insanity legislation in its current formulation. Recommendations are also offered for critical areas that warrant research attention in relation to MDOs in Ghana, and in Africa as a whole. PMID:26923137

  5. Suicidal Behavior Outcomes of Childhood Sexual Abuse: Longitudinal Study of Adjudicated Girls.

    Rabinovitch, Sara M; Kerr, David C R; Leve, Leslie D; Chamberlain, Patricia

    2015-08-01

    Childhood sexual abuse (CSA) histories are prevalent among adolescent girls in the juvenile justice system (JJS) and may contribute to their high rates of suicidal behavior. Among 166 JJS girls who participated in an intervention trial, baseline CSA and covariates were examined as predictors of suicide attempt and nonsuicidal self-injury (NSSI) reported at long-term follow-up (7-12 years later). Early forced CSA was related to lifetime suicide attempt and NSSI history and (marginally) to postbaseline attempt; effects were not mediated by anxiety or depressive symptoms. Findings suggest that earlier victimization and younger entry into JJS are linked with suicide attempt and NSSI. PMID:25370436

  6. Characterization and prediction of sexual and nonsexual recidivism among adjudicated juvenile sex offenders.

    Christiansen, Ashley K; Vincent, John P

    2013-01-01

    Estimating the risk of sexual recidivism for a juvenile sex offender is essential in order to protect public safety by identifying and evaluating high risk adolescents and to ensure the rights and welfare of juvenile offenders who will not likely reoffend. Empirically validated risk assessment methods are needed to aid in the classification and treatment of juvenile sex offenders. The present study utilized a dataset collected by Maricopa County, AZ, and aggregated by the National Juvenile Court Data Archive. The purpose of the study was to evaluate and characterize risk factors for juveniles who have been charged with a sexual offense in order to determine the predictive utility of these factors for subsequent offending, as well as offense trajectory, and to evaluate risk factors for nonsexual offenders who have committed crimes of various severities. The results of the present study show the strongest individual predictors of sexual recidivism to be prior nonsexual offending, prior sexual offending, hands-off offending, offending against a child, younger school grade/age at time of initial offense, Asian or Hispanic ethnicity, and not attending school. A preliminary screening measure was developed from the seven positive risk factors, and ROC analysis produced an AUC indicating moderate predictive utility in discriminating between juvenile sex offenders who would sexually reoffend and those who would not. PMID:23703937

  7. 77 FR 2011 - Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner...

    2012-01-13

    ...The Department of Justice is amending its regulations governing the discipline of immigration practitioners as follows. First, the Department is removing unnecessary regulations and adding appropriate references to applicable regulations of the Department of Homeland Security (DHS). Second, the Department is making technical amendments to the Executive Office for Immigration Review's (EOIR)......

  8. Adjudicating pathological criminal incapacity within a climate of ultimate issue barriers: a comparative perspective.

    Stevens, Geert Philip

    2015-01-01

    Mental health experts are increasingly being utilised by the criminal justice system to provide assistance to courts during the assessment of issues falling beyond the knowledge and/or experience of the courts. A particular domain where the assistance of qualified psychiatrists and psychologists is becoming essential is where the defence of pathological criminal incapacity falls to be assessed. Mental health professionals testifying during trials where the defence of pathological criminal incapacity is raised will present opinion evidence which is one of the exceptions to the rule of inadmissibility of opinion evidence. Mental health professionals providing their opinion evidence are, however, prohibited from expressing opinions on so-called "ultimate issues" upon which only the court may ultimately rule upon. The latter rule is also commonly known in practice as the "ultimate issue" rule which presents multifaceted challenges in respect of the application of the defence of pathological criminal incapacity. In this article, the author assesses the application of the ultimate issue rule with reference to the defence of pathological criminal incapacity as it operates within the South African criminal law context. A comparative analysis is also provided with reference to the rule as it operates in the United States of America and more specifically Federal Rule 704. It is concluded that the ultimate issue rule unnecessarily restricts testimony provided by mental health professionals as such placing a barrier on such evidence. As such, it is argued that the rule is superfluous as it remains within the discretion of the trier of fact to decide as to what weight to attach to such evidence. PMID:25681851

  9. Impulsivity and HIV Risk Among Adjudicated Alcohol- and Other Drug-Abusing Adolescent Offenders

    Dévieux, Jessy; Malow, Robert; Stein, Judith A.; Jennings, Terri E; Lucenko, Barbara A.; Averhart, Cara; Kalichman, Seth

    2002-01-01

    Although impulsivity is likely to be related to HIV risk—particularly in incarcerated substance-abusing youth—this area of research has been understudied. To investigate the relationship between impulsivity and various HIV/AIDS risk behaviors and attitudes, a sample of court-referred and incarcerated culturally diverse inner-city adolescents (males: N = 266; females: N = 111) were divided into high and low impulsive groups based on the Millon Adolescent Clinical Inventory Impulsivity Scale. F...

  10. Consequences of constitutional law adjudication for the administration and administrative proceedings

    The article is about cases of indicial review of constitutionality by the Federal Constitutional Court. The articles 33 IV and V, 20 III, 19 IV of the Constitution and the 'Muelheim-Kaerlich decision' are discussed. Courts become more sensible regarding administrative procedures which concern fundamental rights. (CW)

  11. Trajectories of desistance and continuity in antisocial behavior following court adjudication among serious adolescent offenders.

    Mulvey, Edward P; Steinberg, Laurence; Piquero, Alex R; Besana, Michelle; Fagan, Jeffrey; Schubert, Carol; Cauffman, Elizabeth

    2010-05-01

    Because many serious adolescent offenders reduce their antisocial behavior after court involvement, understanding the patterns and mechanisms of the process of desistance from criminal activity is essential for developing effective interventions and legal policy. This study examined patterns of self-reported antisocial behavior over a 3-year period after court involvement in a sample of 1,119 serious male adolescent offenders. Using growth mixture models, and incorporating time at risk for offending in the community, we identified five trajectory groups, including a "persister" group (8.7% of the sample) and a "desister" group (14.6% of the sample). Case characteristics (age, ethnicity, antisocial history, deviant peers, a criminal father, substance use, psychosocial maturity) differentiated the five trajectory groups well, but did not effectively differentiate the persisting from desisting group. We show that even the most serious adolescent offenders report relatively low levels of antisocial activity after court involvement, but that distinguishing effectively between high-frequency offenders who desist and those who persist requires further consideration of potentially important dynamic factors related to this process. PMID:20423553

  12. The Importance of Technical Reachback in the Adjudication of Radiation Alarms

    The large-scale deployment of radiation sensors at borders, ports-of-entry and other locations carries two disparate priorities: the reliable detection and identification of threat materials and the rapid characterization of non-threat materials comprised of naturally occurring radioactive materials (NORM) and legitimate radioactive materials in streams of commerce. These priorities are partially achieved through the technologies contained in the detection systems and the procedures developed for their operation. However, questions and ambiguities will occur. Without established capabilities and procedures for the operators of these detector systems to 'reach back' to trained spectroscopists and appropriate subject matter experts, the system will likely experience an unacceptable number of response operations and delays resolving alarms. Technical reachback operations need to be able to address the priorities discussed above while causing minimal perturbations in the flow of legitimate streams of commerce. Yet when necessary, reachback needs to be able to rapidly mobilize the appropriate response assets.

  13. Support by the U.S. Geological Survey for adjudications, compacts, and treaties

    Condes de la Torre, Alberto

    1982-01-01

    The U.S. Geological Survey supports interstate compacts, treaties, and court decrees by providing hydrologic data and analysis needed in their administration and by providing Federal representation on compact commissions. As part of this program, in fiscal year 1982 the Geological Survey operated 171 streamflow stations, 3 sediment stations, and 13 water-quality stations, and conducted ground-water studies at a cost of $1,014,000. Funding for Federal representation to i0 interstate compacts is presently budgeted at $56,000.

  14. When All Else Fails: International Adjudication of Human Rights Abuse Claims, 1976-1999

    Cole, Wade M.

    2006-01-01

    Although interest in the consolidation and expansion of the international human rights regime has grown in recent years, little attention is accorded to the formal procedures that allow individuals aggrieved by states to appeal directly to an international audience. Using data for 82 countries between 1976 and 1999, this article examines the…

  15. Cases of Review and Adjudication and Lawsuit Involving Trademark Composed of Combination of Colours

    2006-01-01

    Case 1 The English applicant, the Standard Chartered PLC, filed, on 18 April 2002, an application with the Trademark Office for registration of a device trademark (See Fig. 1 below; hereinafter referred to as the trademark in point) in goods of class 16 of the International Classification, such as "paper, card board, book, magazine, and stationery". The applicant stated in the application that the trademark in point was one composed of combination of colours. Upon examination, the Trademark Office issued...

  16. Adjudicating Frame Shifts and Frame Disputes in the New Millennial University: The Role of the Dean

    Lessor, Roberta G.

    2008-01-01

    This paper argues that sociological theory provides a sound basis for analyzing the social organization and reorganization of the college or university and for guiding the activities of the college dean. Frame analysis theory, developed in the study of social movements, and the attendant concepts of frame shifts and frame disputes, are drawn on to…

  17. 32 CFR Appendix H to Part 154 - Adjudicative Guidelines for Determining Eligibility for Access to Classified Information

    2010-07-01

    ... citizenship by an American citizen; (c) Performing or attempting to perform duties, or otherwise acting, so as...., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence; (e) Evaluation of... by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist)...

  18. Development of a Marketing Campaign to Recruit Non-adjudicated and Untreated Abusive Men for a Brief Telephone Intervention

    Mbilinyi, Lyungai F.; Zegree, Joan; Roffman, Roger A.; Walker, Denise; Neighbors, Clayton; Edleson, Jeffrey

    2008-01-01

    Although voluntary enrollment by abusive men in domestic violence perpetrator treatment programs occurs, most men enter treatment only after they have injured a partner or family member and have been arrested, convicted and sentenced. This leaves a serious gap for those who engage in abusive behavior but who have not been served by the legal or social service systems. To address this gap, the researchers applied social marketing principles to recruit abusive men to a telephone-delivered pre-t...

  19. O direito comparado na jurisdição constitucional The comparative law in the constitutional adjudication

    Gustavo Vitorino Cardoso

    2010-12-01

    Full Text Available Este estudo aborda o crescente uso do direito comparado na racionalidade das decisões dos tribunais constitucionais. Tema extremamente interessante e atual, a aproximação do direito constitucional ao direito comparado é ilustrada a partir de casos julgados em Portugal, Estados Unidos e África do Sul e que receberam atenção especial da doutrina, destacando-se, nomeadamente, os contornos históricos e jurídicos caracterizadores desses ordenamentos jurídicos. O primeiro objetivo perfaz a verificação do alinhamento do Supremo Tribunal Federal à tendência comparativa, o que é feito mediante a análise materialmente direcionada da sua jurisprudência colhida no sítio oficial. A segunda etapa tem como escopo uma explicação possível para o problema intrínseco à interpretação/concretização de regras e princípios constitucionais, lançada na fundamentação de uma decisão com base em elementos apurados em outra ordem jurídica, tarefa essa que é levada a efeito com apoio na caracterização do denominado estado constitucional. Todas as etapas cumprem a função mais geral de indagação acerca do papel que a comparação de direitos tem alcançado no constitucionalismo do presente.This study addresses the growing use of the comparative law perspective in the rationality of decisions at constitutional courts. A much interesting and actual tendency, the correlation between comparative law and constitutional law is revealed by cases decided in Portugal, United States and South Africa, which has gathered great scholarly attention, with special focus in the historical and legal contours of these jurisdictions. The first aim is to examine the alignment of the Brazilian Federal Supreme Court to the comparative trend, which is carried out by jurisprudence analysis of documents available on the official website of the Institution. In addition, it was conceived a possible explanation for the intrinsic problem of the interpretation/concretization of constitutional rules and principles based on data gathered in another legal order, a task supported by the so called constitutional state. This approach has in mind to inquiry the actual role that the comparison of Rights has reached in the present constitutionalism.

  20. Revisiting the Indian experience of economic and social rights adjudication : the need for a principled approach to judicial activism and restraint.

    Pillay, Anashri

    2014-01-01

    The Indian Constitution embraces economic and social rights as directive principles of state policy, ostensibly insulated from judicial review. The Supreme Court's interpretation of traditional civil and political rights to include economic and social guarantees has been praised by academics and activists keen to advance the cause of justiciable economic and social rights. In recent commentary, however, the extent to which the court's jurisprudence furthers the goal of increasing access to go...

  1. Hybrid Human-Computing Distributed Sense-Making: Extending the SOA Paradigm for Dynamic Adjudication and Optimization of Human and Computer Roles

    Rimland, Jeffrey C.

    2013-01-01

    In many evolving systems, inputs can be derived from both human observations and physical sensors. Additionally, many computation and analysis tasks can be performed by either human beings or artificial intelligence (AI) applications. For example, weather prediction, emergency event response, assistive technology for various human sensory and…

  2. 10 CFR Appendix B to Subpart A of... - Adjudicative Guidelines Approved by the President in Accordance With the Provisions of Executive...

    2010-01-01

    ..., personal history statement, or similar form used to conduct investigations, determine employment... history of not meeting financial obligations; (b) Deceptive or illegal financial practices such as... Act of 1970, as amended (e.g., marijuana or cannabis, depressants, narcotics, stimulants,...

  3. Estimating the Value of Administrative Procedures by "Crocodile Adjudication"%从"鳄鱼审判"看行政程序的价值性

    白杨

    2004-01-01

    "鳄鱼审判",顾名思义,就是由鳄鱼来充当审判中的决定者.在现代,已经不会再出现"鳄鱼审判",但是从这种审判形式中,我们可以窥见一些理念,也可以从中把握行政程序的价值所在.

  4. A way through the dark and thorny thickets? The adjudication of "serious injury" under the narrative tests in the Transport Accident Act 1986 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

    Taliadoros, Jason

    2015-09-01

    The so-called "narrative" test provides the means by which injured persons who satisfy the statutory and common law definition of "serious injury" may bring proceedings for common law damages under s 93 of the Transport Accident Act 1986 (Vic) and s 134AB of the Accident Compensation Act 1985 (Vic) (or, for injuries after 1 July 2014, under ss 324-347 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)). These are among the most litigated provisions in Australia. This article outlines the legislative and political background to these provisions, the provisions themselves, and an account of the statutory and common law requirements needed to satisfy the provisions. PMID:26554209

  5. The Problem with Forgiving (But Not Entirely Forgetting the Crimes of Our Nation’s Youth: Exploring the Third Circuit’s Unconstitutional Use of Nonjury Juvenile Adjudication in Armed Career Criminal Sentencing

    Stephen F. Donahue

    2005-04-01

    Full Text Available For better or for worse, our Constitution ensures that the basic rights of fair procedure are guaranteed to all American citizens, including those accused of crime, no matter how much society may disapprove of their actions. The United States Supreme Court has expressly provided that “[d]ue process of law is the primary and indispensable foundation of individual freedom” and effectively serves as the “basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise.” Recognizing that the failure to observe fundamental procedural due process guarantees has historically resulted in substantial unfairness to criminal defendants, the Court has worked to establish heightened procedural safeguards in criminal proceedings over the latter half of the past century.6 In this sense, the Court has openly embraced the belief that “the progression of history, and especially the deepening realization of the substance and procedures that justice and the demands of human dignity require” has called for courts to “invest the command of ‘due process of law’ with increasingly greater substance.” Consequently, the Supreme Court has set a clear example that lower courts must move forward “with advancing the conception of human rights in according procedural as well as substantive rights to individuals accused of conflict with the criminal laws.”

  6. 6 CFR 27.315 - Presiding officers for proceedings.

    2010-01-01

    ... FACILITY ANTI-TERRORISM STANDARDS Orders and Adjudications § 27.315 Presiding officers for proceedings. (a... respect to the matter, to act as a neutral adjudications officer or Presiding Officer for the...

  7. 20 CFR 725.708 - Disputes concerning medical benefits.

    2010-04-01

    ... development or adjudication of a dispute over medical benefits, the adjudication officer is authorized to take whatever action may be necessary to protect the health of a totally disabled miner. (d) Any...

  8. Security Clearance Tracking System

    National Archives and Records Administration — SCTS supports the adjudication process of private background investigations and clearances for potential employees, contractors, interns and student workers.

  9. 16 CFR 1000.17 - Office of Equal Employment Opportunity and Minority Enterprise.

    2010-01-01

    ... policies. The Office manages the discrimination complaint process, including the adjudication of discrimination complaints, and facilitates Affirmative Employment Program (AEP) planning for women,...

  10. 45 CFR 1602.9 - Exemptions for withholding records.

    2010-10-01

    ... unwarranted invasion of personal privacy; (6) Records or information compiled for law enforcement purposes... adjudication; (iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;...

  11. Anatomy of a Cancer Treatment Scam

    Full Text Available ... Statements Petitions to Quash Banned Mortgage Relief and Debt Relief Companies and People Adjudicative Proceedings Banned Debt Collectors Premerger Notification Program Statute, Rules and Formal ...

  12. Institutional Guaranty that People's Assessors Exercise Criminal Adjudicative Power: On Improvement of the People's Assessors System%从制度上保证人民陪审员真正享有刑事裁判权——论人民陪审员制度的完善

    李昌林

    2007-01-01

    为保障人民陪审员真正享有刑事裁判权,就要发挥人民陪审员在价值判断方面的优势,人民陪审员参与审理的案件范围应当限定为需要价值判断的案件,即对定罪量刑存在争议或者可能判处被告人无期徒刑、死刑的案件;人民陪审员的任职资格应当降低,岗前培训应当取消,名额应当增加,工作量应当减少;审判组织应当扩大,审前准备程序应当完善,审判委员会的裁判权应当取消,评议程序应当充实.

  13. The Judicial Adjudication Caused by Wrong Registration of Marriage Institution: Cased by Applicant Fraudulent Using Another Person's Identity Documents%婚姻登记机关错误登记引发的司法裁判——以申请人冒用他人身份证件为例

    施海红; 朱春叶

    2013-01-01

    对于因申请人以欺诈方式导致婚姻登记机关错误登记的,应当从登记机关是否履行审查义务以及登记行为的效力两方面进行审查.其中登记机关的审查标准应在专业机构审查的合理范围内,符合以办理婚姻登记为主要业务内容的机构能力.而登记行为效力的评判应采取实质审查标准,即当登记机关依法履行了谨慎合理的审查义务,但登记双方当事人违反结婚或离婚实质要件的,仍应认定登记行为违法.针对登记行为不符合实质审查标准的情况,一般判决撤销该具体行政行为.

  14. Recognition and execution of adjudications of foreign courts = Признание и исполнение решений иностранных судов / Jelena Zaitseva

    Zaitseva, Jelena

    2010-01-01

    Välisriikide kohtuotsuste tunnustamise ja täitmise kahest süsteemist, eksekvaaturisüsteemi rakendamisest Vene Föderatsioonis. Lisatud Pihkva oblasti kohtutes arutatud välisriikide kohtuotsuste tunnustamis- ja täitmistaotluste praktika analüüs

  15. Effects of Performers' External Characteristics on Performance Evaluations.

    Bermingham, Gudrun A.

    2000-01-01

    States that fairness has been a major concern in the field of music adjudication. Reviews the research literature to reveal information about three external characteristics (race, gender, and physical attractiveness) that may affect judges' performance evaluations and influence fairness of music adjudication. Includes references. (CMK)

  16. 32 CFR 154.77 - Reporting requirements.

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Reporting requirements. 154.77 Section 154.77... report, all adjudicative determinations must be entered into the DC11 by all DoD central adjudication... Congress. The report shall cover the preceding fiscal year, broken out by clearance category, according...

  17. Anatomy of a Cancer Treatment Scam

    Full Text Available ... to Quash Banned Mortgage Relief and Debt Relief Companies and People Adjudicative Proceedings Banned Debt Collectors Premerger ... May 20, 2016 Callers impersonate legitimate technical support companies to fool computer users into handing over their ...

  18. Anatomy of a Cancer Treatment Scam

    Full Text Available ... in Adjudicative Proceedings Site Information Privacy Policy Website Policy No FEAR Act USA.gov Accessibility Digital Government Strategy Open Government Federal Trade Commission Headquarters: 600 Pennsylvania Avenue, NW Washington, DC ...

  19. 12 CFR 19.9 - Ex parte communications.

    2010-01-01

    ... PROCEDURE Uniform Rules of Practice and Procedure § 19.9 Ex parte communications. (a) Definition—(1) Ex... judge may not consult a person or party on any matter relevant to the merits of the adjudication,...

  20. 831 Files

    Social Security Administration — SSA-831 file is a collection of initial and reconsideration adjudicative level DDS disability determinations. (A few hearing level cases are also present, but the...

  1. Best value for money

    CERN Bulletin

    2011-01-01

    Last week, the Industrial Services and General Infrastructure section of the Procurement and Industrial Services group received dozens of bids in a single day! The bids were submitted in response to four invitations to tender to be adjudicated on a ‘best value for money’ basis. This adjudication method, introduced at CERN in 2008, ensures that quality is given as much priority as cost containment in the process of awarding industrial services contracts.   Members of the Industrial Services and General Infrastructure section with the dozens of bids received in a single day. Until 2008 every contract at CERN was adjudicated on a "lowest compliant bid" basis, i.e. to the firm submitting the cheapest technically compliant tender. Since then, however, the CERN Financial Rules, including the Procurement Rules, have undergone an in-depth revision, and the ‘best value for money’ adjudication basis has been introduced. According to the new adju...

  2. EU to Continue 48.5% Anti-dumping Duties on Chinese Bicycles

    2011-01-01

    On June 10, European Commission informed the Business Office of the Mission of Ministry of Commerce in EU and disclosed the adjudication on the review of the EU imposing anti-dumping on Chinese bicycles.

  3. 32 CFR 154.40 - General.

    2010-07-01

    ... PROGRAM REGULATION Adjudication § 154.40 General. (a) The standard which must be met for clearance or assignment to sensitive duties is that, based on all available information, the person's loyalty,...

  4. 16 CFR 3.32 - Admissions.

    2010-01-01

    ... ADJUDICATIVE PROCEEDINGS Discovery; Compulsory Process § 3.32 Admissions. (a) At any time after thirty (30... unless the party states that it has made reasonable inquiry and that the information known to or...

  5. 16 CFR 1025.36 - Motions to compel discovery.

    2010-01-01

    ... ADJUDICATIVE PROCEEDINGS Discovery, Compulsory Process § 1025.36 Motions to compel discovery. If a party fails... examination to the extent possible with respect to other areas of inquiry before moving to compel discovery....

  6. 49 CFR 511.36 - Motions to compel discovery.

    2010-10-01

    ... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION ADJUDICATIVE PROCEDURES Discovery; Compulsory Process § 511.36... continue the examination to the extent possible with respect to other areas of inquiry before moving...

  7. 19 CFR 210.31 - Requests for admission.

    2010-04-01

    ... TRADE ADJUDICATION AND ENFORCEMENT Discovery and Compulsory Process § 210.31 Requests for admission. (a... or deny unless he states that he has made reasonable inquiry and that the information known to...

  8. A Progress Report on Information Privacy and Data Security.

    Salton, Gerard

    1980-01-01

    Describes the role of information privacy in modern society, examines recent legal cases to illustrate how privacy cases are adjudicated and to identify the limits of available privacy protection, and raises issues regarding techniques for insuring data confidentiality. (FM)

  9. Anatomy of a Cancer Treatment Scam

    Full Text Available ... Decision Volumes Letters and Statements Petitions to Quash Banned Mortgage Relief and Debt Relief Companies and People Adjudicative Proceedings Banned Debt Collectors Premerger Notification Program Statute, Rules and ...

  10. 38 CFR 3.344 - Stabilization of disability evaluations.

    2010-07-01

    ... AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Ratings and... and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to...

  11. 77 FR 31827 - Pipeline Safety: Pipeline Damage Prevention Programs

    2012-05-30

    ... Safety: Pipeline Damage Prevention Programs AGENCY: Pipeline and Hazardous Materials Safety... excavation damage prevention law enforcement programs; establish an administrative process for making... excavation damage prevention law enforcement programs; and establish the adjudication process...

  12. 12 CFR 747.2 - Rules of construction.

    2010-01-01

    ... ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.2 Rules of construction. For purposes of this subpart: (a) Any...

  13. 12 CFR 747.1 - Scope.

    2010-01-01

    ... NATIONAL CREDIT UNION ADMINISTRATION REGULATIONS AFFECTING CREDIT UNIONS ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.1 Scope. This subpart prescribes uniform rules of practice and procedure applicable...

  14. National Vaccine Injury Compensation Program (VICP) -Data & Statistics

    U.S. Department of Health & Human Services — The VICP website has 3 Tables. The first Table is the "Statistics Report," which details by fiscal year the number of petitions filed, the number of adjudications...

  15. Different approaches to TMD Evolution with scale

    Collins, John

    2014-01-01

    Many apparently contradictory approaches to TMD factorization and its non-perturbative content exist. This talk evaluated the different methods and proposed tools for resolving the contradictions and experimentally adjudicating the results.

  16. 19 CFR 210.75 - Proceedings to enforce exclusion orders, cease and desist orders, consent orders, and other...

    2010-04-01

    ... STATES INTERNATIONAL TRADE COMMISSION INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE ADJUDICATION AND..., cease and desist orders, consent orders, and other Commission orders. (a) Informal enforcement proceedings. Informal enforcement proceedings may be conducted by the Commission, through the Office of...

  17. Development of Environmental Laws and Jurisprudence in Pakistan

    Asian Development Bank

    2013-01-01

    The Government of Pakistan has adopted laws to combat adverse environmental impacts of unsustainable development, but there are several issues that make effective implementation of these laws and adjudication of environmental disputes difficult. This report examines the state of environmental law, adjudication, and implementation in Pakistan, focusing on the provincial environmental protection acts of Pakistan and the institutional design, principles, and procedures provided under the law. It...

  18. Review of Administrative Justice in the Republic of Kosovo

    Islam Pepaj

    2015-01-01

    The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficulties in professionalization of public administration and this is closely related to large number of case that are subject of judicial review which is not a case with other countries which have lon...

  19. Review of Administrative Justice in the Republic of Kosovo

    Islam Pepaj

    2015-01-01

    The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficulties in professionalization of public administration and this is closely related to large number of case that are subject of judicial review which is not a case with other countries which have...

  20. Reform of lawsuit system and revision of filing conditions

    ZHANG Weiping

    2006-01-01

    Currently the Civil Procedure Law stipulates rather "high conditions" for lawsuits and the reason is that in the institutional design,we have equated the conditions of adjudicating the merits with those of lawsuits and the initiation of lawsuits.The trial of conditions of adjudicating the merits are usually conducted after the beginning of lawsuits,while in China it is carded out before the beginning of lawsuits,and thus the related procedures have become a kind of "pre-lawsuit procedures",and theoretical and institutional confusions and contradictions arise.This article is of the opinion that filing conditions should be separated from those of adjudicating the merits,and the trial of the latter should be incorporated into the proceedings.A "dual,trial structure should be constructed,that is,the trial of conditions for adjudicating the merits goes parallel with that of merit disputes.In the attempt to improve civil procedures,attention should be given to the institutionalization of conditions of adjudicating the merits,which should be reasonably designed and integrated into relevant systems.When reforming the lawsuit system,we should also adjust the courts'trial organs.We recommend not setting up any case-filing or appeal divisions and removing the existing "separation of case-filing and trial".

  1. Report of the Ethics Committee, 2015.

    2016-01-01

    The Report of the Ethics Committee, 2015, provides information on activities of the Ethics Committee and Ethics Office during that year. In 2015, the Ethics Office and Committee continued their work of adjudication, ethics education, and ethics consultations. The Ethics Committee adopted minor changes to its "Rules and Procedures" to increase the efficiency of the adjudication process. These changes were approved by the APA Board of Directors to become effective on March 1, 2016. The Independent Review Report by David H. Hoffman was released in July. The ethics office director also departed in July, and an interim ethics director was appointed. The process for establishing a Commission on Ethics Processes was also begun. The Commission has the charge of evaluating and recommending changes to the American Psychological Association's current ethics program. Data for adjudication processing in 2015 as well as comparisons to the previous 4 years are provided. (PsycINFO Database Record PMID:27504575

  2. The Role of Subscription-Based Patrol and Restitution in the Future of Liberty

    Gil Guillory

    2009-02-01

    Full Text Available Market anarchists are often keen to know how we might rid ourselves of the twin evils institutionalized in the state: taxation and monopoly. A possible future history for North America is suggested, focusing upon the implications of the establishment of a subscription-based patrol and restitution business sector. We favor Rothbard over Higgs regarding crises and liberty. We favor Barnett over Rothbard regarding vertical integration of security. We examine derived demand for adjudication, mediation and related goods; and we advance the thesis that private adjudication will tend to libertarianly just decisions. We show how firms will actively build civil society, strengthening and coordinating Nisbettian intermediating institutions.

  3. The Effect of Type-1 Error on Deterrence

    Lando, Henrik; Mungan, Murat C.

    this view is generally incorrect both when the court's error concerns the assessment of the act committed (mistake of act) and when it concerns the identity of the offender (mistake of identity). For mistake of act, the view ignores that adjudication involving a potential offender is generally less...... likely when he acts lawfully; there can e.g. then be no adjudication and hence no type-1 error when the sanction is harm-based and when the lawful act precludes harm. For mistake of identity, the potential offender may be falsely convicted of a crime committed by someone else whether or not he himself...

  4. CORRECTING MISCARRIAGE OF JUSTICE IN THE CIVIL PROCEDURE BEING A COMPONENT TO THE RIGHT TO DEFENCE

    Inna Vitalyevna BLAZOMIRSKAYA

    2014-01-01

    The paper considered miscarriage of justice, i.e. an adjudi-cation being wrong judgment in effect containing either denial of defense within the actual (scope of) right(s) or defending the unlisted right for, for instance, while an in-nocent convict or an acquitted criminal. The dominant fea-tures of miscarriage of justice are the following: 1) A mis-carriage of justice appeared at the final adjudication; 2) A miscarriage of justice was presumed; 3) An agent commis-sioned to operate by a spec...

  5. 20 CFR 636.10 - Hearings before the Office of Administrative Law Judges.

    2010-04-01

    ... complainant who has not had a dispute adjudicated by the informal review process of § 636.9 within the 60 days... administrative file in support of the decision. Thereafter, the party or parties seeking to overturn the Grant... Law Judges. 636.10 Section 636.10 Employees' Benefits EMPLOYMENT AND TRAINING...

  6. 20 CFR 405.1 - Introduction.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Introduction. 405.1 Section 405.1 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Introduction, General Description, and Definitions § 405.1 Introduction. (a) General. This...

  7. The US Financial Crisis

    Campbell, John L.

    2011-01-01

    for each other's shortcomings rather than reinforce each other's incentives. This paper uses evidence from the US financial crisis of 2008 to adjudicate this debate. It argues that different types of institutional complementarities are necessary in combination to ensure market stability and successful...

  8. 20 CFR 405.515 - Application of circuit court law.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 405.515 Section 405.515 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.515 Application of circuit court law. We...

  9. 78 FR 54763 - Disease Associated With Exposure to Certain Herbicide Agents: Peripheral Neuropathy

    2013-09-06

    ... Federal Register (77 FR 47795), to amend its adjudication regulations regarding presumptive service... Vietnam (77 FR 47924). This notice provided an explanation of VA's decision to not create presumptions of... peripheral neuropathy associated with exposure to certain herbicides. See 77 FR 47795. As such, the...

  10. Summary of Unwed Father's Survey.

    Manville, David L.

    This study examined characteristics of never married fathers adjudicated in the Third Judicial Circuit of Michigan as legal and biological fathers. Participating were 39 fathers with Parenting Time Orders (PTO) and 25 with Reserved Parenting Time Orders (RPTO) (the father lacks legal parental access to his child). Sixty percent of the fathers were…

  11. 49 CFR 511.52 - Adoption of initial decision.

    2010-10-01

    ... 49 Transportation 6 2010-10-01 2010-10-01 false Adoption of initial decision. 511.52 Section 511.52 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION ADJUDICATIVE PROCEDURES Decision § 511.52 Adoption...

  12. 16 CFR 1025.52 - Adoption of initial decision.

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Adoption of initial decision. 1025.52 Section 1025.52 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS Decision § 1025.52 Adoption of initial decision. The Initial Decision and Order...

  13. 49 CFR 1016.309 - Agency review.

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Agency review. 1016.309 Section 1016.309... Agency review. In the event the adjudicative officer is not the entire Board, the applicant or agency counsel may seek review of the initial decision on the fee application, or the Board may review...

  14. 42 CFR 136.414 - How does the IHS determine eligibility for placement or retention of individuals in positions...

    2010-10-01

    ... SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES INDIAN HEALTH Indian Child Protection and Family Violence... Indian children. The adjudication process protects the interests of the employer and the right of..., or Tribal law, involving crimes of violence; sexual assault, molestation, exploitation, contact,...

  15. 77 FR 4469 - Dental Conditions

    2012-01-30

    ... published in the Federal Register on March 17, 2011 (76 FR 14600), VA proposed to amend 38 CFR 3.381, which... AFFAIRS 38 CFR Part 3 RIN 2900-AN28 Dental Conditions AGENCY: Department of Veterans Affairs. ACTION... amend its adjudication regulations regarding service connection of dental conditions for...

  16. 8 CFR 1274a.1 - Employer requirements.

    2010-01-01

    ... Immigration and Nationality Act (Act) are contained in 8 CFR part 274a. (b) Adjudication of civil penalty... by DHS under section 274A of the Act are contained in 28 CFR part 68. The regulations governing employment eligibility and verification in 8 CFR part 274a are applicable to hearings before...

  17. 20 CFR 702.321 - Procedures for determining applicability of section 8(f) of the Act.

    2010-04-01

    ... AND PROCEDURE Adjudication Procedures Special Fund § 702.321 Procedures for determining applicability of section 8(f) of the Act. (a) Application: filing, service, contents. (1) An employer or insurance... employer; and (iv) documentary medical evidence relied upon in support of the request for section...

  18. 76 FR 8334 - Inviting Applications for the Rural Economic Development Loan and Grant Program for Fiscal Year 2011

    2011-02-14

    ... 1049, ``Certification Regarding Drug-Free Workplace Requirements;'' Form RD 400-1, ``Equal Opportunity.... Nondiscrimination Statement ``The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs... of discrimination, write to USDA, Director, Office of Adjudication and Compliance, 1400...

  19. Comparison of zotarolimus-eluting and everolimus-eluting coronary stents

    Serruys, Patrick W; Silber, Sigmund; Garg, Scot; van Geuns, Robert Jan; Richardt, Gert; Buszman, Pawel E; Kelbaek, Henning; van Boven, Adrianus Johannes; Hofma, Sjoerd H; Linke, Axel; Klauss, Volker; Wijns, William; Macaya, Carlos; Garot, Philippe; DiMario, Carlo; Manoharan, Ganesh; Kornowski, Ran; Ischinger, Thomas; Bartorelli, Antonio; Ronden, Jacintha; Bressers, Marco; Gobbens, Pierre; Negoita, Manuela; van Leeuwen, Frank; Windecker, Stephan

    2010-01-01

    New-generation coronary stents that release zotarolimus or everolimus have been shown to reduce the risk of restenosis. However, it is unclear whether there are differences in efficacy and safety between the two types of stents on the basis of prospectively adjudicated end points endorsed by the...

  20. Supervisory Control and Court Management

    Andreas Lienhard

    2009-01-01

    Court management is an essential precondition for guaranteeing the adjudication of cases. At the same time, court administration is the key focus of supervisory control. Management instruments and structures, caseload management and other elements of quality assurance including the certification of judicial authorities must therefore be accorded considerable constitutional importance.

  1. Brief Report: An Examination of the Relationships between Parental Monitoring, Self-Esteem and Delinquency among Mexican American Male Adolescents

    Caldwell, Roslyn M.; Beutler, Larry E.; Ross, Sylvia An; Silver, N. Clayton

    2006-01-01

    The present study examined relationships between parental monitoring (mother and father), self-esteem, and delinquency among 95 adjudicated Mexican American male adolescents who were on probationary status with the juvenile justice system. Consistent with previous literature pertaining to familial processes and delinquency among the general…

  2. 10 CFR 1.3 - Sources of additional information.

    2010-01-01

    .../cfr/. Final opinions made in the adjudication of cases are published in “Nuclear Regulatory Commission... 10 Energy 1 2010-01-01 2010-01-01 false Sources of additional information. 1.3 Section 1.3 Energy NUCLEAR REGULATORY COMMISSION STATEMENT OF ORGANIZATION AND GENERAL INFORMATION Introduction § 1.3...

  3. 14 CFR 406.155 - Offer of proof.

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Offer of proof. 406.155 Section 406.155... Transportation Adjudications § 406.155 Offer of proof. A party whose evidence has been excluded by a ruling of the administrative law judge may offer the evidence for the record on appeal....

  4. 75 FR 29508 - The 2010 Census Count Question Resolution Program

    2010-05-26

    ... to provide an independent adjudication. The full LUCA operation included participant review of... 13 directs the Secretary of Commerce (who delegates that responsibility to the Director of the Census... quarters population, household type, housing occupancy, and housing tenure. Group Quarters--A...

  5. 38 CFR 3.112 - Fractions of one cent.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Fractions of one cent. 3.112 Section 3.112 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Administrative § 3.112 Fractions of...

  6. 38 CFR 3.252 - Annual income; pension; Mexican border period and later war periods.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Annual income; pension; Mexican border period and later war periods. 3.252 Section 3.252 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity...

  7. 38 CFR 3.378 - Changes from activity in pulmonary tuberculosis pension cases.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Changes from activity in pulmonary tuberculosis pension cases. 3.378 Section 3.378 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity...

  8. 38 CFR 3.960 - Section 306 and old-law pension protection.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Section 306 and old-law pension protection. 3.960 Section 3.960 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Protection §...

  9. 38 CFR 3.711 - Improved pension elections.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Improved pension elections. 3.711 Section 3.711 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Concurrent Benefits and...

  10. 38 CFR 3.24 - Improved pension rates-Surviving children.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Improved pension rates-Surviving children. 3.24 Section 3.24 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation General § 3.24 Improved...

  11. 38 CFR 3.16 - Service pension.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Service pension. 3.16 Section 3.16 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation General § 3.16 Service pension. In computing the 70...

  12. 38 CFR 3.342 - Permanent and total disability ratings for pension purposes.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Permanent and total disability ratings for pension purposes. 3.342 Section 3.342 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity...

  13. 38 CFR 3.351 - Special monthly dependency and indemnity compensation, death compensation, pension and spouse's...

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Special monthly dependency and indemnity compensation, death compensation, pension and spouse's compensation ratings. 3.351 Section 3.351 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION...

  14. 38 CFR 3.26 - Section 306 and old-law pension annual income limitations.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Section 306 and old-law pension annual income limitations. 3.26 Section 3.26 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation General §...

  15. 38 CFR 3.453 - Veterans compensation or service pension or retirement pay.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Veterans compensation or service pension or retirement pay. 3.453 Section 3.453 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity...

  16. 38 CFR 3.714 - Improved pension elections-public assistance beneficiaries.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Improved pension elections-public assistance beneficiaries. 3.714 Section 3.714 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity...

  17. 38 CFR 3.713 - Effective dates of improved pension elections.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Effective dates of improved pension elections. 3.713 Section 3.713 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation...

  18. 38 CFR 3.701 - Elections of pension or compensation.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Elections of pension or compensation. 3.701 Section 3.701 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Concurrent Benefits and...

  19. 38 CFR 3.28 - Automatic adjustment of section 306 and old-law pension income limitations.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Automatic adjustment of section 306 and old-law pension income limitations. 3.28 Section 3.28 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and...

  20. 38 CFR 3.30 - Frequency of payment of improved pension and parents' dependency and indemnity compensation (DIC).

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Frequency of payment of improved pension and parents' dependency and indemnity compensation (DIC). 3.30 Section 3.30 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation,...

  1. 38 CFR 3.460 - Death pension.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Death pension. 3.460 Section 3.460 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Apportionments § 3.460 Death pension. Death...

  2. 38 CFR 3.23 - Improved pension rates-Veterans and surviving spouses.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Improved pension rates-Veterans and surviving spouses. 3.23 Section 3.23 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation General §...

  3. 38 CFR 3.17 - Disability and death pension; Mexican border period and later war periods.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Disability and death pension; Mexican border period and later war periods. 3.17 Section 3.17 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and...

  4. 38 CFR 3.274 - Relationship of net worth to pension entitlement.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Relationship of net worth to pension entitlement. 3.274 Section 3.274 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation...

  5. 38 CFR 3.314 - Basic pension determinations.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Basic pension determinations. 3.314 Section 3.314 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Ratings and Evaluations;...

  6. 38 CFR 3.712 - Improved pension elections; surviving spouses of Spanish-American War veterans.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Improved pension elections; surviving spouses of Spanish-American War veterans. 3.712 Section 3.712 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency...

  7. 38 CFR 3.666 - Incarcerated beneficiaries and fugitive felons-pension.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Incarcerated beneficiaries and fugitive felons-pension. 3.666 Section 3.666 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity...

  8. 38 CFR 3.803 - Naval pension.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Naval pension. 3.803 Section 3.803 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Special Benefits § 3.803 Naval pension. (a) Payment...

  9. 38 CFR 3.3 - Pension.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Pension. 3.3 Section 3.3 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation General § 3.3 Pension. (a) Pension for veterans—(1)...

  10. 76 FR 19692 - Revised Medical Criteria for Evaluating Endocrine Disorders

    2011-04-08

    ... endocrine disorders and their families, and our adjudicators who spoke at the conference. \\7\\ 70 FR at 46792... Register on December 14, 2009 (74 FR 66069). The preamble to the NPRM discussed the changes from the... or any other endocrine disorder listing. Unless we are otherwise required to do so (for example,...

  11. Report of the Ethics Committee, 2010

    American Psychologist, 2011

    2011-01-01

    In accordance with the bylaws of the American Psychological Association (APA), the Ethics Committee reports regularly to the membership regarding the number and types of ethics matters investigated and the major programs undertaken. In 2010, ethics adjudication, ethics education and consultation, and special projects were activities of the Ethics…

  12. The Effectiveness and Use of Digital Portfolios for the Assessment of Art Performances in Selected Secondary Schools

    Dorn, Charles M.; Sabol, F. Robert

    2006-01-01

    This is a report of an experimental study that focused on adjudicating the art portfolios of secondary art students assessed in both actual and digital forms in order to determine whether art teachers evaluate actual works of art in students' portfolios differently than digital copies of them. The study participants included 178 students of 29…

  13. The Role of Measurement Quality on Practical Guidelines for Assessing Measurement and Structural Invariance

    Kang, Yoonjeong; McNeish, Daniel M.; Hancock, Gregory R.

    2016-01-01

    Although differences in goodness-of-fit indices (?GOFs) have been advocated for assessing measurement invariance, studies that advanced recommended differential cutoffs for adjudicating invariance actually utilized a very limited range of values representing the quality of indicator variables (i.e., magnitude of loadings). Because quality of…

  14. 49 CFR 511.49 - Fees.

    2010-10-01

    ... 49 Transportation 6 2010-10-01 2010-10-01 false Fees. 511.49 Section 511.49 Transportation Other... OF TRANSPORTATION ADJUDICATIVE PROCEDURES Hearings § 511.49 Fees. (a) Witnesses. Any person compelled... the same attendance and mileage fees as are paid witnesses in the courts of the United States,...

  15. 77 FR 69451 - Proposed Information Collection Request; Comment Request; Tips and Complaints Regarding...

    2012-11-19

    ... Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For... enforcement, and judicial entities engaged in investigating or adjudicating the tip or complaint. Form Numbers... Complaints Regarding Environmental Violations'' (EPA ICR No. 2219.04, OMB Control No. 2020- 0032) to...

  16. 25 CFR 11.902 - Non-criminal proceedings.

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Non-criminal proceedings. 11.902 Section 11.902 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.902 Non-criminal proceedings. No adjudication upon the status of...

  17. 16 CFR 1025.37 - Sanctions for failure to comply with discovery orders.

    2010-01-01

    ... discovery orders. 1025.37 Section 1025.37 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS Discovery, Compulsory Process § 1025.37 Sanctions for... decision on the pleadings be rendered against the party, or both; and (g) Exclude the party...

  18. 32 CFR 147.12 - Guideline J-Criminal conduct.

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Guideline J-Criminal conduct. 147.12 Section 147... Adjudication § 147.12 Guideline J—Criminal conduct. (a) The concern. A history or pattern of criminal activity... a security concern and may be disqualifying include: (1) Allegations or admissions of...

  19. 75 FR 54642 - Privacy Act of 1974; United States Citizenship and Immigration Services-012 Citizenship and...

    2010-09-08

    ..., 73 FR 56596, which corresponds to the following USCIS databases: Computer Linked Adjudication... Security Data System (FDNS DS) DHS-USCIS-006, August 18, 2008, 73 FR 48231. Central Index System, (CIS) DHS-USCIS 001, January 16, 2007, 72 FR 1755. Asylum Information and Pre-Screening System, DHS-USCIS-...

  20. Argentina Imp Anti-dumping Duties on Tires from China

    2011-01-01

    On June 22, Argentina made the final anti-dumping adjudication once tires from China; on July 6, the Argentina authorities released the No. 221 resolution in 2011 issued by the Ministry of Industry: Impose 23% anti-dumping duties off estate car tires, 10% on the tires of machinery or vehicles used for agriculture and forestation,

  1. 46 CFR 502.320 - Service.

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Service. 502.320 Section 502.320 Shipping FEDERAL... for Adjudication of Small Claims § 502.320 Service. All claims, resubmitted claims, petitions to... the Commission, evidence service upon all parties to the proceeding. Such certificate shall be...

  2. 49 CFR 511.16 - Service.

    2010-10-01

    ... 49 Transportation 6 2010-10-01 2010-10-01 false Service. 511.16 Section 511.16 Transportation..., DEPARTMENT OF TRANSPORTATION ADJUDICATIVE PROCEDURES Pleadings; Form; Execution; Service of Documents § 511.16 Service. (a) Mandatory service. Every document filed with the Office of Hearings shall be...

  3. 16 CFR 1025.16 - Service.

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Service. 1025.16 Section 1025.16 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS Pleadings, Form, Execution, Service of Documents § 1025.16 Service. (a) Mandatory service. Every...

  4. 38 CFR 3.1607 - Cost of flags.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Cost of flags. 3.1607 Section 3.1607 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Burial Benefits § 3.1607 Cost of flags. No reimbursement will be authorized for the cost of a burial...

  5. 16 CFR 3.45 - In camera orders.

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false In camera orders. 3.45 Section 3.45... PRACTICE FOR ADJUDICATIVE PROCEEDINGS Hearings § 3.45 In camera orders. (a) Definition. Except as hereinafter provided, material made subject to an in camera order will be kept confidential and not placed...

  6. 49 CFR 511.45 - In camera materials.

    2010-10-01

    ... excluded from the public record. Pursuant to 49 CFR part 512, the Chief Counsel of the NHTSA is responsible... 49 Transportation 6 2010-10-01 2010-10-01 false In camera materials. 511.45 Section 511.45... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION ADJUDICATIVE PROCEDURES Hearings § 511.45 In camera materials....

  7. 75 FR 22358 - Notice of Funding Availability (NOFA) for the Small, Socially-Disadvantaged Producer Grant (SSDPG...

    2010-04-28

    ... Transactions.'' Form AD-1049, ``Certification Regarding a Drug-Free Workplace Requirement (Grants).'' Form RD.... VIII. Non-Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination... of discrimination, write to USDA, Director, Office of Adjudication and Compliance, 1400...

  8. 5 CFR 9701.706 - MSPB appellate procedures.

    2010-01-01

    ... is based on a finding of discrimination prohibited under 5 U.S.C. 2302(b)(1), the payment of... discipline in the workplace, an arbitrator, adjudicating official, or MSPB may not modify the penalty imposed... allegations of discrimination, judicial review of any final MSPB order or decision is as prescribed under 5...

  9. Baseline rationing

    Hougaard, Jens Leth; Moreno-Ternero, Juan D.; Østerdal, Lars Peter Raahave

    The standard problem of adjudicating conflicting claims describes a situation in which a given amount of a divisible good has to be allocated among agents who hold claims against it exceeding the available amount. This paper considers more general rationing problems in which, in addition to claim...

  10. 75 FR 62676 - Disability Determinations by State Agency Disability Examiners

    2010-10-13

    ... Disability Adjudication Provisions'' in the Federal Register on December 4, 2009. 74 FR 63688. We proposed... document is available on the date of publication in the Federal Register at http://www.gpoaccess.gov/fr... from a variety of sources, including the public. See, for example, 72 FR 41649 (2007), 73 FR...

  11. 22 CFR 50.5 - Application for registration of birth abroad.

    2010-04-01

    ... for registration of birth abroad. Upon application by the parent(s) or the child's legal guardian, a... Consular Report of Birth Abroad of a Citizen of the United States of America for a child born in their... designated employees to adjudicate the application for a Consular Report of Birth Abroad of a child...

  12. The Role of the DSM in IDEA Case Law

    Zirkel, Perry A.

    2011-01-01

    The school psychologist plays a central role in eligibility and other determinations under the Individuals with Disabilities Education Act (IDEA) not only at the school level but also, upon formal disputes, at the successive adjudicative levels of impartial hearing officers and courts. One of the sources of professional confusion that requires…

  13. 76 FR 24802 - Eliminating the Decision Review Board

    2011-05-03

    ... Security--Disability Insurance; 96.002, Social ] Security--Retirement Insurance; 96.004, Social Security... Social Security Administration. You or your refers to the person who has filed a disability claim and... to work down our disability hearings backlog and increased the number of ALJ adjudications...

  14. 25 CFR 11.1009 - Summons.

    2010-04-01

    ... Juvenile Offender Procedure § 11.1009 Summons. (a) At least five working days prior to the adjudicatory hearing, the children's court shall issue summons to: (1) The minor; (2) The minor's parents, guardian or custodian; and (3) Any person the children's court or the minor believes necessary for the adjudication...

  15. The Relationships of Alcohol, Tobacco, Marijuana, and Other Illegal Drug Use to Delinquency among Mexican-American, Black, and White Adolescent Males.

    Watts, W. David; Wright, Loyd S.

    1990-01-01

    Examined relationship between drug use and delinquent behavior among 348 high school males and 89 adjudicated delinquent males in maximum-security facility for violent and repeat offenders. Self-reported alcohol, tobacco, marijuana, and other illegal drug use were all significantly related to minor and violent delinquency for all 3 racial groups…

  16. Maltreatment and Depression in Adolescent Sexual Offenders with an Autism Spectrum Disorder

    Walters, Jessica Bleil; Hughes, Tammy L.; Sutton, Lawrence R.; Marshall, Stephanie N.; Crothers, Laura M.; Lehman, Cathryn; Paserba, Dave; Talkington, Vanessa; Taormina, Rochelle; Huang, Ann

    2013-01-01

    This study examined the self-reported presence and severity of abuse, neglect, and depressive symptoms for 43 adolescents adjudicated delinquent due to a sexual offense. Twenty-seven of the adolescent sexual offenders were also diagnosed with an autism spectrum disorder, and 16 did not carry an autism spectrum disorder diagnosis. Both groups…

  17. Conflicting Compelling Interests: Notes toward a Communication Approach to Censorship of Sexually Explicit Material.

    Kamp, John

    The issue of the proper role of government in the censorship of sexually explicit material is analyzed in this article from a symbolic interactionist view of communication and traditional principles of constitutional liberty. The paper focuses on the Supreme Court's adjudication of obscenity cases and proposes a set of principles consistent with…

  18. Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation

    Lookofsky, Joseph

    In transborder contract litigation place-based factors are often decisive, both as regards jurisdiction to adjudicate as well as the rules which determine the applicable substantive law. Relevant locations include the place where the contract was made, where the parties reside, transact business or...

  19. 22 CFR 51.28 - Minors.

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Minors. 51.28 Section 51.28 Foreign Relations... residence is necessary to permit a court of competent jurisdiction to adjudicate or enforce a custody... court of competent jurisdiction to be a U.S. state or federal court or a foreign court located in...

  20. 32 CFR 147.5 - Guideline C-Foreign preference.

    2010-07-01

    ... and social welfare, from a foreign country; (5) Residence in a foreign country to meet citizenship... 32 National Defense 1 2010-07-01 2010-07-01 false Guideline C-Foreign preference. 147.5 Section... Adjudication § 147.5 Guideline C—Foreign preference. (a) The concern. When an individual acts in such a way...

  1. 19 CFR 210.6 - Computation of time, additional hearings, postponements, continuances, and extensions of time.

    2010-04-01

    ... 19 Customs Duties 3 2010-04-01 2010-04-01 false Computation of time, additional hearings, postponements, continuances, and extensions of time. 210.6 Section 210.6 Customs Duties UNITED STATES INTERNATIONAL TRADE COMMISSION INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE ADJUDICATION AND ENFORCEMENT Rules of General Applicability §...

  2. The effect of valsartan, captopril, or both on atherosclerotic events after acute myocardial infarction: an analysis of the Valsartan in Acute Myocardial Infarction Trial (VALIANT)

    McMurray, John; Solomon, Scott; Pieper, Karen;

    2006-01-01

    in Acute Myocardial Infarction Trial (VALIANT). RESULTS: The number of individuals adjudicated as having a fatal or non-fatal MI in the captopril group was 559 (total investigator reported events 798), 587 (796) in the valsartan group, and 554 (756) in the combination group; valsartan versus captopril, p...

  3. 20 CFR 405.301 - Hearing before an administrative law judge-general.

    2010-04-01

    ... law judge. (c) You may examine the evidence used in making the decision or determination under review...-general. 405.301 Section 405.301 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.301...

  4. 20 CFR 405.360 - Official record.

    2010-04-01

    ... Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL... in making the decision under review and any additional evidence or written statements that the.... All evidence upon which the administrative law judge relies for the decision must be contained in...

  5. 19 CFR 210.27 - General provisions governing discovery.

    2010-04-01

    ... PRACTICES IN IMPORT TRADE ADJUDICATION AND ENFORCEMENT Discovery and Compulsory Process § 210.27 General... the other parties during the discovery process or in writing. (2) A duty to supplement responses also... to the best of the signer's knowledge, information, and belief formed after a reasonable inquiry,...

  6. 75 FR 75954 - Submission for OMB Review; Comment Request

    2010-12-07

    ... Commodities Act (PACA) establishes a code of fair trading practices covering the marketing of fresh and frozen... by prohibiting unfair practices. PACA requires nearly all persons who operate as commission merchants... adjudicate contract disputes, and for the purpose of enforcing the PACA and its regulations. If...

  7. Report of the Ethics Committee, 2008

    American Psychologist, 2009

    2009-01-01

    In accordance with the bylaws of the American Psychological Association (APA), the Ethics Committee reports regularly to the membership regarding the number and types of ethics complaints investigated and the major programs undertaken. In 2008, ethics adjudication, ethics education and consultation, convention programs, ethics publications,…

  8. Report of the Ethics Committee, 2009

    American Psychologist, 2010

    2010-01-01

    In accordance with the bylaws of the American Psychological Association (APA), the Ethics Committee reports regularly to the membership regarding the number and types of ethics complaints investigated and the major programs undertaken. This article is a summary of the talks and workshops of 2009, ethics adjudication, ethics education and…

  9. 78 FR 25972 - Establishment of the Response Systems to Adult Sexual Crimes Panel

    2013-05-03

    ... of the Secretary Establishment of the Response Systems to Adult Sexual Crimes Panel AGENCY: DoD... charter for the Response Systems to Adult Sexual Assault Crimes Panel (``the Response Systems Panel... adjudication of crimes involving adult sexual assault and related offenses, under 10 U.S.C. 920 (Article 120...

  10. Relating ACT-R buffer activation to EEG activity during an attentional blink task

    van Vugt, M. K.; Rußwinkel, N.; Drewitz, U.; van Rijn, H.

    2012-01-01

    While a clear relation has been established between ACT-R and activity in fMRI, little is known about whether ACT-R has also correlates in EEG activity. Because of its superior temporal resolution compared to fMRI, EEG could potentially be used to adjudicate between model versions that differ in tim

  11. "I'd Be Expecting Caviar in Lectures": The Impact of the New Fee Regime on Undergraduate Students' Expectations of Higher Education

    Bates, Elizabeth A.; Kaye, Linda K.

    2014-01-01

    The introduction of the new tuition fee regime in the UK has resulted in growing concerns about the impact on students' expectations of their university experiences (e.g. Jones in "Perspectives" 14(2):44-48, 2010). This is coupled with reports from those such as the OIA (Office of the Independent Adjudicator (2012) Annual Report.…

  12. The Effects of a Self-Management Procedure on the On-Task Behavior, Academic Productivity, and Academic Accuracy of Female Students with Disabilities in a Juvenile Correctional High School Setting

    Caldwell, Stacy Lynette

    2010-01-01

    Students served in juvenile correctional school settings often arrive with histories of trauma, aversive educational experiences, low achievement, and other severe risk factors that impeded psychosocial development, educational progress, and occupational outcomes. Schools serving adjudicated youth must address a higher percentage of severe…

  13. 38 CFR 3.58 - Child adopted out of family.

    2010-07-01

    ... family. 3.58 Section 3.58 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Relationship § 3.58 Child adopted out of family. A child of a veteran adopted out of the family of the veteran either prior...

  14. 78 FR 76196 - Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury

    2013-12-17

    ... published in the Federal Register (77 FR 73366) a proposed rule to amend VA adjudication regulations (38 CFR... circumstances. 69 FR 60084, Oct. 7, 2004. The commenter noted that in that rulemaking, VA established new... contemporaneous medical records during service, or other circumstances.'' 69 FR 60084, October 7, 2004. We...

  15. 78 FR 40194 - Proposed Information Collection Request of the ETA 207, Nonmonetary Determination Activities...

    2013-07-03

    ..., Office of Unemployment Insurance, 200 Constitution Avenue NW., Frances Perkins Bldg. Room S- 4524... Activities, contains state data on the number and types of issues that are adjudicated when unemployment... continuing eligibility for benefits. These data are used by the Office of ] Unemployment Insurance (OUI)...

  16. 76 FR 59927 - Treatment of Aliens Whose Employment Creation Immigrant (EB-5) Petitions Were Approved After...

    2011-09-28

    ... SECURITY 8 CFR Parts 216 and 245 RIN 1615-AA90 Treatment of Aliens Whose Employment Creation Immigrant (EB... applications and petitions of qualifying aliens whose employment-creation immigrant petitions were approved by...-273 Provisions C. Summary of the Adjudications Required by Public Law 107-273 III. Aliens Eligible...

  17. 16 CFR 1025.35 - Depositions upon oral examination.

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Depositions upon oral examination. 1025.35... ADJUDICATIVE PROCEEDINGS Discovery, Compulsory Process § 1025.35 Depositions upon oral examination. (a) When... where the examination is held. No deposition shall be taken before a person who is a relative,...

  18. Justice John Paul Stevens and the Erotic Boomerang.

    Lieberman, Marc

    Justice John Paul Stevens of the United States Supreme Court has ruled on obscenity cases in seven instances since his appointment. His rulings reveal that he regards obscenity as a nuisance rather than as a danger threatening to undermine the nation's morality, that he supports a nationwide standard to adjudicate obscenity cases, and that he…

  19. 20 CFR 405.30 - Discrimination complaints.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Discrimination complaints. 405.30 Section 405... INITIAL DISABILITY CLAIMS Introduction, General Description, and Definitions § 405.30 Discrimination... that an adjudicator has improperly discriminated against you, you may file a discrimination...

  20. 32 CFR 279.4 - Claims process.

    2010-07-01

    ... information on use of Board for Correction of Military/Naval Records. (5) Claim is submitted and adjudicated.... Upon arrival DFAS will route claim to Debt Claims Management who will process the claim. Payments are... memorandum or transition orders establishing a separation date prior to actual date of separation...

  1. 32 CFR 147.15 - Guideline M-Misuse of Information technology systems.

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Guideline M-Misuse of Information technology... CLASSIFIED INFORMATION Adjudication § 147.15 Guideline M—Misuse of Information technology systems. (a) The... ability to properly protect classified systems, networks, and information. Information Technology...

  2. 38 CFR 20.1505 - Rule 1505. Review of initial benefits claim decision.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Rule 1505. Review of... Adjudication Initiative-Pilot Program § 20.1505 Rule 1505. Review of initial benefits claim decision. If a... regional office will be reviewed by a Decision Review Officer under the provisions set forth in § 3.2600...

  3. 20 CFR 405.201 - Reviewing an initial determination-general.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Reviewing an initial determination-general... PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Review of Initial Determinations by a Federal Reviewing Official § 405.201 Reviewing an initial determination—general. If you are dissatisfied with the...

  4. 20 CFR 405.225 - Notice of the Federal reviewing official's decision.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Notice of the Federal reviewing official's... PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Review of Initial Determinations by a Federal Reviewing Official § 405.225 Notice of the Federal reviewing official's decision. We will mail a written notice...

  5. 20 CFR 405.230 - Effect of the Federal reviewing official's decision.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Effect of the Federal reviewing official's... PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Review of Initial Determinations by a Federal Reviewing Official § 405.230 Effect of the Federal reviewing official's decision. The Federal reviewing...

  6. 20 CFR 405.215 - Procedures before a Federal reviewing official.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Procedures before a Federal reviewing... PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Review of Initial Determinations by a Federal Reviewing Official § 405.215 Procedures before a Federal reviewing official. (a) General. The Federal...

  7. 20 CFR 405.220 - Decision by the Federal reviewing official.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Decision by the Federal reviewing official... PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Review of Initial Determinations by a Federal Reviewing Official § 405.220 Decision by the Federal reviewing official. (a) The Federal reviewing official will...

  8. 20 CFR 405.240 - Sunset of this subpart.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Sunset of this subpart. 405.240 Section 405.240 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Review of Initial Determinations by a Federal Reviewing Official § 405.240 Sunset of this subpart. (a) If you filed...

  9. 20 CFR 405.210 - How to request review of an initial determination.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false How to request review of an initial determination. 405.210 Section 405.210 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Review of Initial Determinations by a Federal Reviewing Official § 405.210 How to request...

  10. 20 CFR 405.217 - Subpoenas.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Subpoenas. 405.217 Section 405.217 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Review of Initial Determinations by a Federal Reviewing Official § 405.217 Subpoenas. (a) When it is reasonably necessary for the...

  11. 8 CFR 1003.44 - Special motion to seek section 212(c) relief for aliens who pleaded guilty or nolo contendere to...

    2010-01-01

    ... basis of a crime that is an aggravated felony, except as provided in 8 CFR 1212.3(f)(4). (d) Effect of... or removal, and who are eligible to apply for relief under former section 212(c) of the Act and 8 CFR... adjudicated under the standards of this section and 8 CFR 1212.3. This section is not applicable with...

  12. 8 CFR 208.16 - Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the...

    2010-01-01

    ... than 5 years and the immigration judge determines on an individual basis that the crime (or crimes) of....16 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS PROCEDURES FOR..., deportation, or removal proceedings, an immigration judge may adjudicate both an asylum claim and a...

  13. The First Amendment on Campus: A Handbook for College and University Administrators

    Bird, Lee E., Ed.; Mackin, Mary Beth, Ed.; Schuster, Saundra K., Ed.

    2006-01-01

    What should college and university administrators do when the First Amendment seemingly conflicts with tightly held institutional values? Should administrators block, discourage, or attempt to adjudicate speech because it doesn't agree with their belief systems or institutional mission statements? This reader-friendly handbook addresses the…

  14. Medical negligence liability under the consumer protection act: A review of judicial perspective

    Joga Rao, S. V.

    2009-01-01

    It is important to know what constitutes medical negligence. A doctor owes certain duties to the patient who consults him for illness. A deficiency in this duty results in negligence. A basic knowledge of how medical negligence is adjudicated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence.

  15. 28 CFR 24.305 - Extensions of time.

    2010-07-01

    ... Judicial Administration DEPARTMENT OF JUSTICE IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN DEPARTMENT OF JUSTICE ADMINISTRATIVE PROCEEDINGS Procedures for Considering Applications § 24.305 Extensions... shall be conducted pursuant to the procedural rules governing adversary adjudications conducted by...

  16. 8 CFR 223.2 - Processing.

    2010-01-01

    ..., may accept and adjudicate an application for a refugee travel document from an alien who previously... defined in 8 CFR 211.1(b)(1)(ii) or 211.1(b)(4); (ii) A permanent resident employed by a public... Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS REENTRY PERMITS, REFUGEE TRAVEL...

  17. Internet e Diritto Costituzionale - Università Commerciale Luigi Bocconi

    Lucchi, Nicola

    2016-01-01

    The conference analyses emerging constitutional principles addressing the regulation of the internet at both the national and transnational level. These principles derive from cases involving the protection of fundamental rights. Considering this framework the discussion explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation.

  18. 75 FR 25845 - Privacy Act of 1974; System of Records

    2010-05-10

    ... (February 22, 1993; 58 FR 10562). Reason: These records are covered under system of records notice V5-05, Joint Personnel Adjudication System (JPAS) (July 1, 2005; 70 FR 38120), therefore it can be deleted... submission of a new or altered system report. Dated: May 4, 2010. Mitchell S. Bryman, Alternate OSD...

  19. 10 CFR 600.31 - Research misconduct.

    2010-01-01

    ... applicable: Adjudication means a formal review of a record of investigation of alleged research misconduct to... possible, consistent with fair and thorough processing of allegations of research misconduct and applicable... credit. Research means all basic, applied, and demonstration research in all fields of science,...

  20. 8 CFR 214.15 - Certain spouses and children of lawful permanent residents.

    2010-01-01

    ... permanent resident (LPR) status through adjustment of status or an immigrant visa. (b) Aliens already in the... adjudicated. In addition, the petition must have been properly filed according to 8 CFR 103.2(a), and if... evidence or issues a notice of intent to deny under 8 CFR 103.2(b), the petitioner must comply with...

  1. Practising virtue: inside international arbitration

    D.D. Caron; S.W. Schill; A.C. Smutny; E.E. Triantafilou

    2015-01-01

    International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and

  2. 11 CFR 9407.5 - Closed meetings.

    2010-01-01

    ... personal privacy, (iv) Disclose the identity of a confidential source or sources and, in the case of a... tribunal, or an arbitration; or the initiation, conduct, or disposition by the Commission of a particular case of formal adjudication under the procedures in 5 U.S.C. 554 or otherwise involving a...

  3. 78 FR 7695 - Revised Medical Criteria for Evaluating Genitourinary Disorders

    2013-02-04

    ... and to address adjudicator questions and public comments that we have received since 2005. \\1\\ 70 FR... extended them or revised and issued them again. \\3\\ 74 FR 57970. We received three comment letters. We said... text to remove redundancies and add guidance on anorexia with weight loss and on complications of...

  4. 10 CFR 110.89 - Filing and service.

    2010-01-01

    ...: Rulemakings and Adjudications Staff or via the E-Filing system, following the procedure set forth in 10 CFR 2... by following the requirements described in 10 CFR 2.302(d). (b) All filing and Commission notices and... 10 CFR 2.305. (e) The Commission may make special provisions for service when circumstances warrant....

  5. On Judicial and Quasi-Judicial Independence

    Comtois, Suzanne; de Graaf, K.J.

    2013-01-01

    'Principles of judicial and quasi-judicial independence are fundamental to all democracies and yet, the notion of independence is still elusive. What is judicial and quasi-judicial independence and why is it important? From whom and what are the judiciary and other adjudicators to be independent? Is

  6. 77 FR 25225 - 60-Day Notice of Proposed Information Collection: DS 7655, Iraqi Citizens and Nationals Employed...

    2012-04-27

    ... Secretary of State to request from each prime contractor or grantee that has performed work in Iraq for the... to verify employment for the processing and adjudication of refugee, asylum, special immigrant visa...-181). Dated: April 23, 2012. Amy B. Nelson, Acting Office Director, Office of Refugee...

  7. 7 CFR 15f.14 - What happens after I file a request for a hearing?

    2010-01-01

    ... after I file a request for a hearing? Within 20 days after you have filed your request for a hearing... 7 Agriculture 1 2010-01-01 2010-01-01 false What happens after I file a request for a hearing? 15f.14 Section 15f.14 Agriculture Office of the Secretary of Agriculture ADJUDICATIONS UNDER SECTION...

  8. The Historians of Industry

    Markowitz, Gerald; Rosner, David

    2010-01-01

    During the past two decades, historians have been brought into legal cases in unprecedented numbers. As the courts have tried to adjudicate responsibility for environmental and occupational diseases, history and historians have played an increasingly central role in shaping decisions in the cases themselves as well as in related social policy. In…

  9. Robo-Judge Meets Elastic Man

    Lookofsky, Joseph

    2014-01-01

    Should the comparative study of law focus on similarities or differences? As regards the exercise of jurisdiction to adjudicate transborder contract disputes, the author uses concrete, case-based examples to compare the jurisdictional rules applied by courts in Europe with those applied in the Un...

  10. 20 CFR 725.409 - Denial of a claim by reason of abandonment.

    2010-04-01

    ... circumstances, including the age, education, and health of the claimant, as well as the distance between the... claimant had good cause for failing to attend the conference, he may continue processing the claim... OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED Adjudication of Claims by the District...

  11. 房屋拆迁中虚假离婚的法律规制——以传统观念与法治进程之冲突为视角%The Legal Regulation on False Diverse from the Demolition and Removal of Houses——From the Perspective of the Conflict between Traditional Culture and the Process of Modern Rule of Law

    王春霞

    2012-01-01

    虚假离婚诉讼的愈演愈烈,损害了司法权威和司法公正。由于法律规则的模糊性和虚假离婚诉讼的隐蔽性,识别与防范房屋拆迁中的虚假离婚是困扰理论界和实务界的难点问题。规则之下的司法裁量是处理虚假离婚诉讼的基本思路。规范司法裁量的适用,可以给民众确定的预期与指引。%The false divorce lawsuit is gathering momentum,which does damage to Adjudication authority and Adjudication justice.Identifying and keeping away the false diverse from the demolition and removal of houses is a difficult problem both for the academic and industrial filed due to the vagueness of law rule and the concealment of false divorce lawsuits.The basic idea for dealing with false divorce lawsuits is adjudication in the Rule.The application of adjudication in the rule will bring people accurate expectation and guidance;it will set dissension with right and obligation as the judgment standard on marriage relationship.Improve such rules and mechanisms as mediation,evidence,assessing responsibility,information linkage.

  12. 7 CFR 11.22 - Functions.

    2010-01-01

    ... Director for Hearings and Administration. Responsible for all administrative functions of NAD, including... Regions. Responsible for oversight of the adjudication process for cases filed in the NAD regional offices. Assistant Directors ensure statutory and administrative time frames are met, and oversee the...

  13. Crackdown on Cartels Highlights the Need for Competition Law Compliance in South Africa

    Heather Irvine

    2008-01-01

    The South African Competition Commission intensified its efforts to combat cartel activity in 2007, and a number of cases involving price-fixing and market division in key sectors of the South African economy were referred to the Competition Tribunal for adjudication.

  14. Influence of Parent-Child Relationships on the Global Self-Worth and Morality of Juvenile Delinquents

    Forney, William Scott; Crutsinger, Christy; Forney, Judith Cardona

    2006-01-01

    This study explored the effects of parent-child relationships on the global self-worth and morality of juvenile delinquents. Participants were adjudicated as first-time shoplifting/theft offenders. Factor analyses of three self-esteem scales revealed two reliable parent-child relationship (conduct around parents and interactions with parents) and…

  15. 16 CFR 1025.65 - Persons not attorneys.

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Persons not attorneys. 1025.65 Section 1025.65 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL RULES OF PRACTICE FOR ADJUDICATIVE... satisfaction of the Presiding Officer that he/she possesses the necessary knowledge of...

  16. 20 CFR 405.901 - Reimbursement of certain travel expenses.

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Reimbursement of certain travel expenses. 405... FOR ADJUDICATING INITIAL DISABILITY CLAIMS Payment of Certain Travel Expenses § 405.901 Reimbursement of certain travel expenses. When you file a disability claim, you may incur certain travel...

  17. 78 FR 22770 - Immigration Benefits Business Transformation, Increment I; Correction

    2013-04-17

    ... and finalized seven interim rules. 76 FR 53764 (Aug. 29, 2011). The final rule removed form titles... and omissions in a correction that was effective on the same date as the rule. 73 FR 73475 (Nov. 29..., and commissioner, as well as position descriptions, such as examiner or adjudicator. 76 FR...

  18. Genocidal gender and sexual violence. The legacy of the ICTR, Rwanda's ordinary courts and gacaca courts

    Kaitesi, U.

    2013-01-01

    This study has set out to investigate the legacy of post-genocide judicial institutions mandated to adjudicate cases of genocide and related offences vis-à-vis genocidal gender and sexual violence. The study takes the complex genocidal experience of victims of gender and sexual violence as the backg

  19. 10 CFR 2.713 - Initial decision and its effect.

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Initial decision and its effect. 2.713 Section 2.713 Energy NUCLEAR REGULATORY COMMISSION RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS Rules for Formal Adjudications § 2.713 Initial decision and its effect. (a) After hearing,...

  20. 10 CFR 2.1210 - Initial decision and its effect.

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Initial decision and its effect. 2.1210 Section 2.1210 Energy NUCLEAR REGULATORY COMMISSION RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS Informal Hearing Procedures for NRC Adjudications § 2.1210 Initial decision and its effect....

  1. 32 CFR 147.11 - Guideline I-Emotional, mental, and personality disorders.

    2010-07-01

    ... professional that an individual's previous emotional, mental, or personality disorder is cured, under control... 32 National Defense 1 2010-07-01 2010-07-01 false Guideline I-Emotional, mental, and personality... CLASSIFIED INFORMATION Adjudication § 147.11 Guideline I—Emotional, mental, and personality disorders....

  2. 45 CFR 13.26 - Decisions.

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Decisions. 13.26 Section 13.26 Public Welfare... ACT IN AGENCY PROCEEDINGS Procedures for Considering Applications § 13.26 Decisions. The adjudicative officer shall issue an initial decision on the application as promptly as possible after the filing of...

  3. 20 CFR 260.1 - Initial decisions.

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Initial decisions. 260.1 Section 260.1... RECONSIDERATION AND APPEALS WITHIN THE BOARD § 260.1 Initial decisions. (a) General. Claims for benefits shall be adjudicated and initial decisions made by the Board concerning: (1) Applications for benefits under...

  4. Anatomy of a Cancer Treatment Scam

    Full Text Available ... All Events Weekly Calendar Weekly Calendar Archive Speeches Audio/Video Featured Videos FTC Events For Consumers For ... in Adjudicative Proceedings You are here News & Events » Audio/Video » Anatomy of a Cancer Treatment Scam Anatomy ...

  5. 19 CFR 201.21 - Availability of specific records.

    2010-04-01

    ... need to prevent the expenditure of the United States government's time and money for private purposes... dissenting opinions, as well as orders, made in the adjudication of cases; (2) those statements of policy and... legislative body concerned, and confidential business data as defined in 18 U.S.C. 1905 and 19 CFR 201.06...

  6. 76 FR 32355 - Privacy Act of 1974: New System Of Records

    2011-06-06

    ..., and: To a court or adjudicative body in a proceeding when: (a) The agency or any component thereof; (b... her individual capacity where agency or the Department of Justice has agreed to represent the employee... employees and contractors. International Broadcasting Bureau. Richard M. Lobo, Director. Broadcasting...

  7. 13 CFR 120.540 - Liquidation and litigation plans.

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Liquidation and litigation plans. 120.540 Section 120.540 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION BUSINESS LOANS... litigation where factual or legal issues are in dispute and require resolution through adjudication; (ii)...

  8. 7 CFR 15f.11 - Where must I file a hearing request and what happens to it?

    2010-01-01

    ... 7 Agriculture 1 2010-01-01 2010-01-01 false Where must I file a hearing request and what happens to it? 15f.11 Section 15f.11 Agriculture Office of the Secretary of Agriculture ADJUDICATIONS UNDER... must I file a hearing request and what happens to it? If you desire a hearing, you must file a...

  9. Neuroeconomics: Constructing identity

    J.B. Davis

    2010-01-01

    The paper asks whether neuroeconomics will make instrumental use of neuroscience to adjudicate existing disputes in economics or be more seriously transformed by neuroscience in ways that might transform economics. The paper pursues the question by asking how neuroscience constructs an understanding

  10. 77 FR 31290 - Notice of Public Meeting of the Assembly of the Administrative Conference of the United States

    2012-05-25

    ... review midnight rules. (3) The recommendation ``Immigration Removal Adjudication'' addresses the problem... recommendation ``Improving Coordination of Related Agency Responsibilities'' addresses the problem of overlapping... OMB guidance on the application of the PRA to social media, the Act does not yet account for...

  11. Growing Past Childhood Trauma

    Brown, Waln K.

    2011-01-01

    Nearly half a century ago, a star-crossed adolescent found himself at an important crossroads. Just five months shy of his eighteenth birthday and newly released from an 18-month court commitment to the Pennsylvania George Junior Republic School for Boys (Brown, 1983), a congregate facility for court-adjudicated delinquents and foster youth, he…

  12. 12 CFR 747.5 - Authority of the administrative law judge.

    2010-01-01

    ... UNIONS ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.5 Authority of the administrative law judge. (a) General... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Authority of the administrative law judge....

  13. 12 CFR 747.8 - Conflicts of interest.

    2010-01-01

    ... ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.8 Conflicts of interest. (a) Conflict of interest in representation... person or by the counsel's own interests. The administrative law judge may take corrective measures...

  14. 12 CFR 747.10 - Filing of papers.

    2010-01-01

    ... and Banking NATIONAL CREDIT UNION ADMINISTRATION REGULATIONS AFFECTING CREDIT UNIONS ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.10 Filing of papers. (a) Filing. Any papers required to be filed,...

  15. 12 CFR 747.4 - Authority of the NCUA Board.

    2010-01-01

    ... ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.4 Authority of the NCUA Board. The NCUA Board may, at any time during... which could be done or ordered by the administrative law judge....

  16. 12 CFR 747.7 - Good faith certification.

    2010-01-01

    ... ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.7 Good faith certification. (a) General requirement. Every filing or... administrative law judge shall strike the filing or submission of record, unless it is signed promptly after...

  17. 12 CFR 747.6 - Appearance and practice in adjudicatory proceedings.

    2010-01-01

    ... CREDIT UNIONS ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.6 Appearance and practice in adjudicatory proceedings. (a) Appearance before the NCUA or an administrative law judge—(1) By attorneys. Any member...

  18. 12 CFR 747.3 - Definitions.

    2010-01-01

    ... Banking NATIONAL CREDIT UNION ADMINISTRATION REGULATIONS AFFECTING CREDIT UNIONS ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.3 Definitions. For purposes of this subpart, unless explicitly stated to the contrary:...

  19. 12 CFR 747.9 - Ex parte communications.

    2010-01-01

    ... ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.9 Ex parte communications. (a) Definition—(1) Ex parte communication... administrative law judge handling that proceeding, the NCUA Board, or a decisional employee. (2) Exception....

  20. Children with Disabilities in Poor Households: Association with Juvenile and Adult Offending

    Matta Oshima, Karen M.; Huang, Jin; Jonson-Reid, Melissa; Drake, Brett

    2010-01-01

    Disabled youths are arrested, adjudicated, and recidivate at higher rates than their nondisabled peers. Although multiple theories have been offered to explain the relationship between disability and delinquency, the empirical evidence is limited and contradictory. Little is known about how disability may be associated with offending once poverty…

  1. 38 CFR 3.806 - Death gratuity; certification.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Death gratuity... ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Special Benefits § 3.806 Death... claim filed with it that: (1) Death resulted from: (i) Disease or injury incurred or aggravated while...

  2. 38 CFR 3.152 - Claims for death benefits.

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Claims for death benefits... ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Claims § 3.152 Claims for death... Social Security, as prescribed by § 3.153) must be filed in order for death benefits to be paid to...

  3. 20 CFR 725.414 - Development of evidence.

    2010-04-01

    ... HEALTH AND SAFETY ACT OF 1969, AS AMENDED CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED Adjudication of Claims by the District Director § 725.414... operator may not require the miner to travel more than 100 miles from his or her place of residence, or...

  4. 75 FR 33657 - Submission for Review: Application for 10-Point Veteran Preference, 3206-0001

    2010-06-14

    ... MANAGEMENT Submission for Review: Application for 10-Point Veteran Preference, 3206-0001 AGENCY: U.S. Office... for 10-Point Veteran Preference. DATES: Comments are encouraged and will be accepted until August 13... Preference, is used by OPM examining offices and agency appointing officials to adjudicate...

  5. 78 FR 65010 - Submission for Review: SF-15 Application for 10-Point Veteran Preference

    2013-10-30

    ... MANAGEMENT Submission for Review: SF-15 Application for 10-Point Veteran Preference AGENCY: Office of... Preference. The SF-15 is used by agencies, OPM examining offices, and agency appointing officials to adjudicate individuals' claims for veterans' preference in accordance with the Veterans' Preference Act...

  6. 12 CFR 912.4 - Closed meetings.

    2010-01-01

    ... confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course... arbitration, or the initiation, conduct or disposition of a particular case of formal adjudication pursuant to... investigatory records compiled for law enforcement purposes, or information which if written would be...

  7. 12 CFR 791.12 - Exemptions.

    2010-01-01

    ... identity of a confidential source and, in the case of a record compiled by a criminal law enforcement... arbitration, or the initiation, conduct or disposition of a particular case of formal agency adjudication...) Disclose investigative techniques and procedures, or (vi) Endanger the life or physical safety of...

  8. 37 CFR 251.13 - Closed meetings.

    2010-07-01

    ... an arbitration, or a particular case of formal agency adjudication pursuant to 5 U.S.C. 554, or...; or (g) If there would be disclosure of investigatory records compiled for law enforcement, or... confidential source or, in the case of a criminal investigation or a national security...

  9. Patterns of Competence and Adjustment among Adolescents from Authoritative, Authoritarian, Indulgent, and Neglectful Homes: A Replication in a Sample of Serious Juvenile Offenders

    Steinberg, Laurence; Blatt-Eisengart, Ilana; Cauffman, Elizabeth

    2006-01-01

    The correlates of authoritative, authoritarian, indulgent, and neglectful parenting were examined within a sample of 1,355 14- to 18-year-olds adjudicated of serious criminal offenses. The sample is composed primarily of poor, ethnic-minority youth living in impoverished urban neighborhoods. As has been found in community samples, juvenile…

  10. 16 CFR Appendix I to Part 1025 - Suggested Form of Final Prehearing Order

    2010-01-01

    ... the Commission's Rules of Practice for Adjudicative Proceedings (16 CFR 1025.21), on the ______ day of... exhibit) The authenticity of these exhibits has been stipulated. 3.2 The following exhibits were offered... description of each exhibit) The authenticity of these exhibits has been stipulated. 4.2 The...

  11. 19 CFR 210.37 - Evidence.

    2010-04-01

    ... 19 Customs Duties 3 2010-04-01 2010-04-01 false Evidence. 210.37 Section 210.37 Customs Duties... ADJUDICATION AND ENFORCEMENT Prehearing Conferences and Hearings § 210.37 Evidence. (a) Burden of proof. The.... (b) Admissibility. Relevant, material, and reliable evidence shall be admitted....

  12. 10 CFR 2.711 - Evidence.

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Evidence. 2.711 Section 2.711 Energy NUCLEAR REGULATORY... Adjudications § 2.711 Evidence. (a) General. Every party to a proceeding has the right to present oral or documentary evidence and rebuttal evidence and to conduct, in accordance with an approved...

  13. 16 CFR 3.43 - Evidence.

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Evidence. 3.43 Section 3.43 Commercial... ADJUDICATIVE PROCEEDINGS Hearings § 3.43 Evidence. (a) Burden of proof. Counsel representing the Commission, or... reliable evidence shall be admitted. Irrelevant, immaterial, and unreliable evidence shall be...

  14. 49 CFR 511.43 - Evidence.

    2010-10-01

    ... 49 Transportation 6 2010-10-01 2010-10-01 false Evidence. 511.43 Section 511.43 Transportation..., DEPARTMENT OF TRANSPORTATION ADJUDICATIVE PROCEDURES Hearings § 511.43 Evidence. (a) Applicability of Federal Rules of Evidence. The Federal Rules of Evidence shall apply to proceedings held under this part only...

  15. 14 CFR 406.149 - Evidence.

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Evidence. 406.149 Section 406.149... Transportation Adjudications § 406.149 Evidence. (a) General. A party is entitled to present the party's case or defense by oral, documentary, or demonstrative evidence, to submit rebuttal evidence, and to conduct...

  16. Process and Protest: Accounting for Individual Protest Participation

    Schussman, Alan; Soule, Sarah Anne

    2005-01-01

    Using American Citizen Participation Survey data (Verba et al. 1995a), we perform logistic regression analyses to adjudicate between three core explanations for individual protest: biographical availability, political engagement and structural availability. We calculate estimated probabilities to weigh the relative effects of these factors on the…

  17. 16 CFR 1115.20 - Voluntary remedial actions.

    2010-01-01

    ... appropriate: (i) A statement of the nature of the alleged hazard associated with the product, including the... Rules of Practice for Adjudicative Proceedings (16 CFR part 1025). The Consenting Party shall thereafter... 1115.20 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION CONSUMER PRODUCT SAFETY ACT...

  18. 8 CFR 245.9 - Adjustment of status of certain nationals of the People's Republic of China under Public Law 102...

    2010-01-01

    ... district directors in 8 CFR part 245 to accept and adjudicate an application for adjustment of status under..., 1990, and October 9, 1992; (5) Is admissible to the United States as an immigrant, unless the basis for... period begins on July 1, 1993. To benefit from the provisions of Public Law 102-404 (the Chinese...

  19. How To Avoid Secondary Victimization in Child Sexual Abuse Investigations.

    Underwager, Ralph; Wakefield, Hollida

    The investigation and adjudication of cases of alleged sexual abuse of children can cause as much or more trauma to a child as the sexual abuse itself. Such secondary victimization may occur when children are subjected to repeated interviews, questionable techniques, intrusive physical examinations, inappropriate reactions and overreactions by…

  20. 19 CFR 210.9 - Action of Commission upon receipt of complaint.

    2010-04-01

    .... 210.9 Section 210.9 Customs Duties UNITED STATES INTERNATIONAL TRADE COMMISSION INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE ADJUDICATION AND ENFORCEMENT Commencement of Preinstitution Proceedings... compliance with the applicable sections of this chapter. (b) Informal investigatory activity. The...

  1. 19 CFR 210.53 - Motion filed after complaint.

    2010-04-01

    ....53 Customs Duties UNITED STATES INTERNATIONAL TRADE COMMISSION INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE ADJUDICATION AND ENFORCEMENT Temporary Relief § 210.53 Motion filed after complaint. (a) A... § 210.58 for review of the complaint and informal investigatory activity will begin to run anew from...

  2. Empirical Analysis of Network Public Opinion and Transitional Adjudication——Based on Wuying Case%司法裁判与网络民意的实证分析——以吴英案为范本

    谌爱群; 谢军

    2015-01-01

    In recent years , with the advent of the Internet era and the improving consciousness of general public participation in social affairs , some cases gotten into the public view through media reports cause the grand frenzy of public opinion . Wuying case is a fresh sample of adjudication conferred network public opinion . Adjudication should keep judicial independence , but this is not to say that adjudication cannot be under the public supervision . Adjudication ought to guide public opinion through the system to promote the rational function in the law application , holding the adjudication justice .%近年来 ,随着互联网时代的深入发展和公众参与意识的增强 ,大量通过媒体报道经由网络媒介传播走进公众视野的案件引发了广泛的关注.吴英案是网络民意影响司法裁判的一个鲜活范本.司法独立是实现司法公正的前提 ,但这并不等于说司法裁判不需要民众监督.如何理性引导网络民意?要走出困境就需要通过制度框架构建民意导入机制 ,使其在法律适用中发挥恰当作用 ,确保公正司法裁判.

  3. Research misconduct: time for a re-think?

    Breen, K J

    2016-06-01

    The incidence of research misconduct appears to be increasing, drawing attention in the general media and academic literature. Concerns have been expressed about probable under-reporting, harms arising, lack of an agreed international definition, welfare of whistleblowers and the adequacy of the investigation processes and any subsequent sanctions. A fully satisfactory approach to prevention, detection, investigation and adjudication has yet to emerge. While the definition of research misconduct contained in the Australian Code for the Responsible Conduct of Research is comprehensive, universities and other research institutions at times struggle in their task of investigating and adjudicating allegations of research misconduct. A more centralised, independent process of oversight and monitoring of this role played by the universities and institutions would help support those institutions and help maintain community confidence in the research endeavour. PMID:27257149

  4. Civil Engineering Dispute Resolution

    Osborne, J

    2001-01-01

    Construction work on the civil engineering contract started at Point 5 in August 1998. The new surface buildings and underground structures are necessary to accommodate the CMS detector for the LHC Project. The principal underground works consist of two new shafts, two parallel caverns separated by a supporting pillar, and a number of small connection tunnels and service galleries. A dispute resolution procedure has been included in the contract, whereby a Panel of Adjudicators may be called upon to make a decision in the case of a difference or dispute between the parties. The aim of this paper is to present CERN's first experience of civil engineering Adjudication arising from problems encountered with the ground freezing technique employed to allow construction of two new shafts.

  5. Determination of the underlying cause of death in three multicenter international HIV clinical trials

    Lifson, Alan R; Lundgren, Jens; Belloso, Waldo H; Carey, Cate; Davey, Richard T; Duprez, Daniel; El-Sadr, Wafaa M; Gatell, Jose M; Gey, Daniela C; Hoy, Jennifer F; Krum, Eric A; Nelson, Ray; Nixon, Daniel E; Paton, Nick; Pedersen, Court; Perez, George; Price, Richard W; Prineas, Ronald J; Rhame, Frank S; Sampson, James; Worley, John

    2008-01-01

    -defining diseases, 21% non-AIDS malignancies, 9% cardiac diseases, 9% liver disease, 8% non-AIDS-defining infections, 5% suicides, 5% other traumatic events/accidents, 4% drug overdoses/acute intoxications, 11% other causes, and 18% unknown. Major reasons for unknown classification were inadequate clinical......PURPOSE: Describe processes and challenges for an Endpoint Review Committee (ERC) in determining and adjudicating underlying causes of death in HIV clinical trials. METHOD: Three randomized HIV trials (two evaluating interleukin-2 and one treatment interruption) enrolled 11,593 persons from 36...... countries during 1999-2008. Three ERC members independently reviewed each death report and supporting source documentation to assign underlying cause of death; differences of opinion were adjudicated. RESULTS: Of 453 deaths reported through January 14, 2008, underlying causes were as follows: 10% AIDS...

  6. Supporting the personnel reliability decision-making process with artificial intelligence

    Recent legislation concerning personnel security has vastly increased the responsibility and accountability of the security manager. Access authorization, fitness for duty, and personnel security access programs require decisions regarding an individual's trustworthiness and reliability based on the findings of a background investigation. While these guidelines provide significant data and are useful as a tool, limited resources are available to the adjudicator of derogatory information on what is and is not acceptable in terms of granting access to sensitive areas of nuclear plants. The reason why one individual is deemed unacceptable and the next acceptable may be questioned and cause discriminatory accusations. This paper is continuation of discussion on workforce reliability, focusing on the use of artificial intelligence to support the decisions of a security manager. With this support, the benefit of previous decisions helps ensure consistent adjudication of background investigations

  7. Additional Compensation on Account of Children Adopted Out of Veteran's Family. Final rule.

    2015-08-13

    The Department of Veterans Affairs (VA) is amending its adjudication regulations to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's family. This action is necessary because applicable VA adjudication regulations are currently construed as permitting a veteran, whose former child was adopted out of the veteran's family, to receive the dependent rate of disability compensation for the adopted-out child, which constitutes an unwarranted award of benefits not supported by the applicable statute and legislative history. This document adopts as a final rule, without change, the proposed rule published in the Federal Register on December 2, 2014. PMID:26292367

  8. What Should the Board of Management of a Pension Fund Consider when Dealing with Death Claims Involving Surviving Cohabitants?

    M Mhlangu

    2010-08-01

    Full Text Available This note argues that the Adjudicator’s determination Hlathi should be welcomed by the pension funds industry because it clarifies the uncertain legal position that emerged in the wake of the judgment in Volks. It comments on the requirements in and implications of Hlathi for the pension funds industry and pension beneficiaries, and criticises the Adjudicator's determination as failing to expressly incorporate the emotional and intimate or sexual bond requirement in the new factual dependency test. It argues that while Hlathi appears to have reverted to the legal position that prevailed prior to Van der Merwe, the new test does not expressly incorporate the relevant requirement that a relationship of mutual dependence involves an emotional and intimate or sexual bond. As a result, the note is critical of this omission because it creates a potentially new uncertainty in the law, and calls on the current Adjudicator to clarify this matter.

  9. No longer in suspense: Clarifying the Human Rights Jurisdiction of the SADC Tribunal

    Moses R Phooko

    2015-01-01

    The Southern African Development Community Tribunal's (SADC Tribunal) decision in the matter of Mike Campbell (Pvt) Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008) demonstrated its ability to utilise the principles contained in the Treaty of the Southern African Development Community when it ruled that it had the power and competency to adjudicate over a human rights case. The aforesaid decision was hailed by many scholars as a progressive judgment in the SADC region that would pro...

  10. Transference and plusvalue

    Otero Álvarez, Joel

    2010-01-01

    The author takes transference as a freudian legacy. Besides of formulating transference as a gift, he establishes one ratio between the mentioned concept and plusvalue. To do that, stands out the role adjudicated by Freud to the work like a product femineity repression after the father murder, as well as the "Equivalent Law" transgression that handles the amongst human interchange. This "Equivalent Law" transgression bases both Freud and Marx concepts.

  11. Memory development: implications for adults recalling childhood experiences in the courtroom

    Howe, M. L.

    2013-01-01

    Adults frequently provide compelling, detailed accounts of early childhood experiences in the courtroom. Judges and jurors are asked to decide guilt or innocence based solely on these decades-old memories using 'common sense' notions about memory. However, these notions are not in agreement with findings from neuroscientific and behavioural studies of memory development. Without expert guidance, judges and jurors may have difficulty in properly adjudicating the weight of memory evidence in ca...

  12. Perceived Stress Is Associated With Incident Coronary Heart Disease and All‐Cause Mortality in Low‐ but Not High‐Income Participants in the Reasons for Geographic And Racial Differences in Stroke Study

    Redmond, Nicole; Richman, Joshua; Gamboa, Christopher M.; Albert, Michelle A.; Sims, Mario; Durant, Raegan W.; Glasser, Stephen P.; Safford, Monika M.

    2013-01-01

    Background Perceived stress may increase risk for coronary heart disease (CHD) and death, but few studies have examined these relationships longitudinally. We sought to determine the association of perceived stress with incident CHD and all‐cause mortality. Methods and Results Data were from a prospective study of 24 443 participants without CHD at baseline from the national Reasons for Geographic And Racial Differences in Stroke (REGARDS) study cohort. Outcomes were expert‐adjudicated acute ...

  13. What we spend and what we get: Public and private provision of crime prevention and criminal justice

    Ann Dryden Witte; Robert Witt

    2001-01-01

    In this paper, we consider a number of issues regarding crime prevention and criminal justice. We begin by considering how crime is measured and present both general and specific evidence on the level of crime in a variety of countries. Crime is pervasive and varies substantially across countries. We outline the arguments for some public role in crime prevention, enforcement, prosecution, defence, adjudication and punishment. We consider the relative roles of the public and private sectors in...

  14. Systemic Facts: Toward Institutional Awareness in Criminal Courts

    Crespo, Andrew Manuel

    2016-01-01

    Criminal courts are often required, in the course of implementing existing doctrines of constitutional criminal law, to regulate other institutional actors within the criminal justice system — most notably, prosecutors and police officers. The one-off nature of constitutional criminal adjudication, however, often impedes such regulation, in part by denying courts an opportunity to “see” the systemic features of law enforcement behavior. This mismatch between criminal courts’ institutional tas...

  15. Introduction: A Grammar of Law in Context and Action

    Dupret, Baudouin

    2011-01-01

    Adjudication in Action observes the contextualized deployment of various practices and the activities of very diverse people who, in different capacities, found themselves involved in or faced with judicial institutions. More specifically, it describes the moral dimension of judicial activities and the judicial approach to questions of morality. It shows how the practical accomplishment of the law is performed and achieved in a necessarily moral way, and how this practical, legal cognition me...

  16. Participatory Adaptation of an Evidence-Based, Arthritis Self-Management Program: Making Changes to Improve Program Fit

    Parker, Samantha J.; Chen, Emily K.; Pillemer, Karl; Filiberto, David; Laureano, Evelyn; Piper, Josie; Schwartz-Leeper, Julia; Robbins, Laura; Reid, M.C.

    2012-01-01

    We employed community-based participatory research techniques to adapt an evidence-based Arthritis Self-Help Program (ASHP) for older African American, Hispanic and non-Hispanic white adults. Participants and instructors provided multiple recommendations for program changes in telephone interviews and focus groups. Recommendations were adjudicated and implemented through a collaborative, consensus-based process involving diverse stakeholders. Changes implemented show sensitivity to the prefer...

  17. Clostridium difficile Testing Algorithms Using Glutamate Dehydrogenase Antigen and C. difficile Toxin Enzyme Immunoassays with C. difficile Nucleic Acid Amplification Testing Increase Diagnostic Yield in a Tertiary Pediatric Population

    Ota, Kaede V.; McGowan, Karin L.

    2012-01-01

    We evaluated the performance of the rapid C. diff Quik Chek Complete's glutamate dehydrogenase antigen (GDH) and toxin A/B (CDT) tests in two algorithmic approaches for a tertiary pediatric population: algorithm 1 entailed initial testing with GDH/CDT followed by loop-mediated isothermal amplification (LAMP), and algorithm 2 entailed GDH/CDT followed by cytotoxicity neutralization assay (CCNA) for adjudication of discrepant GDH-positive/CDT-negative results. A true positive (TP) was defined a...

  18. Justice and medical ethics.

    Gillon, R

    1985-07-20

    Justice, in the sense of fair adjudication between conflicting claims, is held to be relevant to a wide range of issues in medical ethics. Several differing concepts of justice are briefly described, including Aristotle's formal principle of justice, libertarian theories, utilitarian theories, Marxist theories, the theory of John Rawls, and the view--held, for example, by W.D. Ross--that justice is essentially a matter of reward for individual merit. PMID:3926121

  19. Reproducibility of Scleral Spur Identification and Angle Measurements Using Fourier Domain Anterior Segment Optical Coherence Tomography

    Ricardo J. Cumba; Sunita Radhakrishnan; Nicholas P. Bell; Kundandeep S. Nagi; Alice Z. Chuang; Lin, Shan C.; Mankiewicz, Kimberly A.; Feldman, Robert M.

    2012-01-01

    Purpose. To evaluate intraobserver and interobserver agreement in locating the scleral spur landmark (SSL) and anterior chamber angle measurements obtained using Fourier Domain Anterior Segment Optical Coherence Tomography (ASOCT) images. Methods. Two independent, masked observers (SR and AZC) identified SSLs on ASOCT images from 31 eyes with open and nonopen angles. A third independent reader, NPB, adjudicated SSL placement if identifications differed by more than 80  μ m. Nine months later,...

  20. Radon gas, bronchogenic carcinoma - Ontario experience

    A review of the procedures followed by the Ontario Worker's Compensation Board in paying insurance benefits to injured workers is presented. Topics include initial methods of handling lung cancer claims, the first guidelines for adjudication of lung cancer, the present guidelines, and a perspective on occupational lung cancers. The Ontario Board has accepted the cause-effect relationship between radon gas decay products and the development of certain bronchogenic carcinomas in those persons so exposed

  1. Dworkin's Two Conceptions of Rights.

    Pildes, Richard H

    2000-01-01

    This brief reply redefends the view that two distinct conceptions of the justification and structure of constitutional rights can be found in constitutional theory, political philosophy, and the discourse of constitutional adjudication. The first is labeled the immunities conception; the second is characterized as the structural or reason-restraining conception of rights. This reply also defends the common association of Ronald Dworkin's Taking Rights Seriously with the immunities view, while...

  2. Contested Jurisdictions: Legitimacy and Governance at the Special Court for Sierra Leone

    Kendall, Sara

    2009-01-01

    The Special Court for Sierra Leone, established in 2002 to adjudicate crimes committed during a decade-long conflict, represents a new form of tribunal. Its "hybrid" structure was designed to address the domestic populace more directly than at previous international criminal tribunals. The Special Court's architects claimed that the Court's physical location in Sierra Leone and its inclusion of domestic law would generate greater awareness of and participation in its transitional justice ob...

  3. The South African constitutional court's use of foreign precedent in matters of religion: without fear or favour?

    Christa Rautenbach

    2015-01-01

    Since its establishment in 1994, the South African Constitutional Court has been quite fearless in its citation of foreign precedents in its reasoning. Compared with that of similar adjudicative institutions elsewhere, the constitutional reasoning of the South African Constitutional Court is still in its infancy, but it has nevertheless earned itself high praise among observers worldwide. The Court has in particular been commended for some ground-breaking and courageous judgments which it han...

  4. Addressing Human Rights in the Court of Justice of the Andean Community and the Tribunal of the Southern African Development Community

    Stephen Kingah; Giovanni Molano-Cruz

    2014-01-01

    The article compares how the regional tribunals of the Andean Community (CAN) and the Southern African Development Community (SADC) have dealt with human rights issues in order to explore options for South-South judicial cooperation through adjudicative cross-fertilization, while taking into account specificities that characterize both regions. In doing so, focus is placed on four elements: a) the scope of human rights covered by each of the regional tribunals; b) the locus standi of individu...

  5. The relationship between the proposed International Criminal Law Section of the African Court and the International Criminal Court / Jacobus Hendrik Visser

    Visser, Jacobus Hendrik

    2014-01-01

    This dissertation presents an analytical literature study regarding the relationship between the International Criminal Court and the proposed International Criminal Law Section of the African Court. The realisation of the International Criminal Law Section of the African Court will place itself and the International Criminal Court within the same jurisdictional sphere with regard to the adjudication of international customary law crimes with respect to its African member states. It is notewo...

  6. Swiss Patent Jurisprudence 2012

    Rigamonti, Cyrill

    2013-01-01

    The new Swiss Federal Patent Court, with nationwide first-instance jurisdiction over all civil patent matters, has been operating since 1 January 2012. This article reviews and contextualizes the most important patent cases the Swiss Federal Patent Court and the Swiss Federal Supreme Court. It concludes that the revamped Swiss patent litigation system has the potential of turning Switzerland into a competitive venue for the adjudication of patent matters in Europe.

  7. CONTRACT FARMING PRACTICE IN INDIAN PUNJAB: FARMERS’ PERSPECTIVE

    Nivedita Sharma

    2014-01-01

    This paper examines the status quo of contract farming in Indian Punjab from the farmers‟ perspective. The analysis is based on the field survey of three districts of the state covering 300 contract farmers. It is observed that agribusiness normalization has taken hold of the CF practice and farmers are facing its brunt. Withdrawal of extension services, reneging on prices and procurement are the major issues afflicting CF. Lack of adjudication is making contract farming exploi...

  8. AGENDA 21 - the basic conceptual document - Agenda of the 21 century which was accepted on the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro in 1992. Part IV. Sources for realization

    This part of the AGENDA 21 contains 8 chapters: Financial sources and mechanisms; A transfer of environmentally suitable technologies, co-operation and creation of the potential; Science for the sustainable development; Support of the learning, enlightenment and professional organization; National mechanisms and international co-operation at the formation of potential of the development countries; International institutional arrangement; International legal instruments and mechanisms; Information for adjudication. Resolution No 1: The acceptance of the text about the environment and development

  9. The reasoning of Russian courts in cases connected with the protection of religious feelings

    Mikhail Antonov

    2013-01-01

    The authors examine how the Russian judiciary devises legal policies when adjudicating cases in which religious beliefs are concerned. First, the authors describe the theoretical framework within which research on this matter can be conducted. This framework can be constructed on the basis of the theory of legal argumentation. Applying this framework to the investigation of the Russian court practice enables the authors to discover important features which are characteristic of legal reasonin...

  10. Social Rights, Constitutionalism and the German Social State Principle

    King, J. A.

    2014-01-01

    In this article I focus on the constitutional role of the German social state principle and the questions it generates for foreign jurists. Although the German Basic Law contains no set of social rights, the social state principle has invigorated readings of the basic rights constitutional provisions in a manner that invites comparison with, and raises the same competence questions, as the adjudication of social rights. On the other hand, the principle focuses on a general state duty to take ...

  11. Substance Use Treatment Outcomes in a Sample of Male Serious Juvenile Offenders

    Chassin, Laurie; Knight, George; Vargas-Chanes, Delfino; Losoya, Sandra H.; Naranjo, Diana

    2008-01-01

    The current study examined drug treatment-related reductions in alcohol and marijuana use, cigarette smoking, and non-drug offending among male adolescents who had been adjudicated of a serious (almost exclusively felony) offense. Results indicated that the “real world” drug treatments that these adolescents experienced had significant effects on substance use, which could not be explained solely by incarceration in controlled environments. However, effects on cigarette smoking and criminal o...

  12. High sensitivity cardiac troponin and the under-diagnosis of myocardial infarction in women:Prospective cohort study

    Shah, Anoop S V; Griffiths, Megan; Lee, Kuan Ken; McAllister, David A; Hunter, Amanda L; Ferry, Amy V; Cruikshank, Anne; Reid, Alan; Stoddart, Mary; Strachan, Fiona; Walker, Simon; Collinson, Paul O; Apple, Fred S.; Gray, Alasdair J; Fox, Keith A. A.

    2015-01-01

    OBJECTIVE: To evaluate the diagnosis of myocardial infarction using a high sensitivity troponin I assay and sex specific diagnostic thresholds in men and women with suspected acute coronary syndrome. DESIGN: Prospective cohort study. SETTING: Regional cardiac centre, United Kingdom. PARTICIPANTS: Consecutive patients with suspected acute coronary syndrome (n = 1126, 46% women). Two cardiologists independently adjudicated the diagnosis of myocardial infarction by using a high sensitivity tropo...

  13. AGENDA 21 - the basic conceptual document - Agenda of the 21 century which was accepted on the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro in 1992. Part I.: Socio-economic dimensions

    This part of the AGENDA 21 contains the Permeable and 7 chapters: (2) International co-operation at accelerating of sustainable development in development countries and house measures; (3) The fight with poverty; (4) The change of consumption models; (5) The dynamics of the demographic gain and sustainable development; (6) Protection and support of human health; (7) Support of the sustainable development of the habitations; (8) Integration of the environment and development at adjudication. Each chapter contains some programme areas

  14. Measuring Gross Disproportion in Environmental Precaution to Establish Regulatory Expropriation and Quantum of Compensation in International Investment Arbitration

    Collins, D A; Thomas, P.

    2014-01-01

    This article applies a new methodology for the assessment of environmental risk prevention expenditure to the adjudication process of international investment arbitration. The Disproportion Factor Model can be implemented by investment arbitration tribunals to evaluate the reasonableness of environmental regulations imposed by host states that have a damaging impact upon foreign investment activity, such as would be the subject for a claim of indirect or regulatory expropriation. In this sett...

  15. The WTO Dispute Settlement System 1995-2010: Some Descriptive Statistics

    Horn, Henrik; Johannesson, Louise; Mavroidis, Petros C.

    2011-01-01

    The Dispute Settlement (DS) system is a central feature of the World Trade Organization (WTO) Agreement. This compulsory and binding two-level mechanism for the adjudication of disputes between WTO Members is the most active among international courts. The functioning of the DS system has attractive research interest among both lawyers and economists. This paper reports some descriptive statistics of the working of the DS system based on the recently updated Horn and Mavroidis WTO Dispute Set...

  16. Υγεία και ασφάλεια των εργαζομένων : όχι χωρίς την επιθεώρηση εργασίας

    Μέκος, Κωνσταντίνος Ζ.

    2006-01-01

    This article examines the obstacles encountered when one litigates in order to receive compensation for an occupational injury or disease. These obstacles are related with the financial capabilities of companies and workers, the legal procedure and the retardation in adjudicating, as well as the uncertainty which is innate in litigation. Therefore, the necessity of having a special legislation enforced by an inspecting mechanism arises. The article also explicates the advantages ...

  17. Ethics and Water Governance

    David Groenfeldt; Jeremy J. Schmidt

    2013-01-01

    Ethics and values are important dimensions of water governance. We show how a "values approach" contributes to an understanding of global water governance, and how it complements other perspectives on governance, namely management, institutional capacity, and social-ecological systems. We connect these other approaches to their own value systems and the ethical attitudes they engender. We then offer a way to explicitly incorporate, and where necessary adjudicate, competing value systems throu...

  18. Beyond harvests in the commons: multi-scale governance and turbulence in indigenous/community conserved areas in Oaxaca, Mexico

    David Barton Bray; Elvira Duran; Oscar Molina

    2012-01-01

    Some important elements of common property theory include a focus on individual communities or user groups, local level adjudication of conflicts, local autonomy in rule making, physical harvests, and low levels of articulation with markets. We present a case study of multi-scale collective action around indigenous/community conserved areas (ICCAs) in Oaxaca, Mexico that suggests a modification of these components of common property theory. A multi-community ICCA in Oaxaca demonstrates the im...

  19. Evaluation of an ICD-10 algorithm to detect osteonecrosis of the jaw among cancer patients in the Danish National Registry of Patients

    Ehrenstein, Vera; Gammelager, Henrik; Schiødt, Morten;

    2015-01-01

    PURPOSE: This study aimed to validate a predefined algorithm for osteonecrosis of the jaw (ONJ) among cancer patients in the Danish National Registry of Patients and to assess the nature of clinical information recorded in medical charts of ONJ patients. METHODS: We identified potential ONJ cases......%-81%]). CONCLUSIONS: The predefined algorithm is not adequate for monitoring ONJ in pharmacovigilance studies. Additional case-finding approaches, coupled with adjudication, are necessary to estimate ONJ incidence accurately....

  20. Inadequacy of federal forum for resolution of oil spill damages

    This paper presents a barrister's observations of how the determination of liability and damage following an oil spill might be made more manageable. The author concludes that standard trial in Federal Court, with traditional right to a jury and existing rules of evidence, is not an appropriate forum for the adjudication of massive oil spill cases. Rather, a special multi-destruct panel should be created to deal specifically with oil spill damage cases

  1. What should the board of management of a persion fund consider when dealing with death claims involving surviving cohabitants?

    Mhango, Mtendeweka Owen; Dyani, Ntombizozuko

    2010-01-01

    This note argues that the Adjudicator’s determination Hlathi should be welcomed by the pension funds industry because it clarifies the uncertain legal position that emerged in the wake of the judgment in Volks. It comments on the requirements in and implications of Hlathi for the pension funds industry and pension beneficiaries, and criticises the Adjudicator's determination as failing to expressly incorporate the emotional and intimate or sexual bond requirement in the new fac...

  2. What Should the Board of Management of a Pension Fund Consider when Dealing with Death Claims Involving Surviving Cohabitants?

    M Mhlangu

    2010-01-01

    This note argues that the Adjudicator’s determination Hlathi should be welcomed by the pension funds industry because it clarifies the uncertain legal position that emerged in the wake of the judgment in Volks. It comments on the requirements in and implications of Hlathi for the pension funds industry and pension beneficiaries, and criticises the Adjudicator's determination as failing to expressly incorporate the emotional and intimate or sexual bond requirement in the new factual dependency...

  3. Attention Sharpens the Distinction between Expected and Unexpected Percepts in the Visual Brain

    Jiang, J; Summerfield, C.; Egner, T.

    2013-01-01

    Attention, the prioritization of goal-relevant stimuli, and expectation, the modulation of stimulus processing by probabilistic context, represent the two main endogenous determinants of visual cognition. Neural selectivity in visual cortex is enhanced for both attended and expected stimuli, but the functional relationship between these mechanisms is poorly understood. Here, we adjudicated between two current hypotheses of how attention relates to predictive processing, namely, that attention...

  4. MAOA-L carriers are better at making optimal financial decisions under risk

    Frydman, Cary; Camerer, Colin; Bossaerts, Peter; Rangel, Antonio

    2010-01-01

    Genes can affect behaviour towards risks through at least two distinct neurocomputational mechanisms: they may affect the value assigned to different risky options, or they may affect the way in which the brain adjudicates between options based on their value. We combined methods from neuroeconomics and behavioural genetics to investigate the impact that the genes encoding for monoamine oxidase-A (MAOA), the serotonin transporter (5-HTT) and the dopamine D4 receptor (DRD4) have on these two c...

  5. An intelligent arbitrator associate for electronic commerce

    D.W. Manchala

    1997-01-01

    Growing businesses and the large number of transactions involved in conducting a business tend to give rise to conflicts among the parties involved in a transaction. Human society has evolved in a way to cope with these disputes by creating law and order bodies. An Intelligent Arbitrator Associate (IAA) that works with and helps the law enforcement and law adjudication authorities to resolve disputes that arise due to commerce conducted over the Internet is presented in this paper. The infras...

  6. Intelligent Arbitrator Associate for Electronic Commerce

    D.W. Manchala

    1997-01-01

    Growing businesses and the large number of transactions involved in conducting a business tend to give rise to conflicts among the parties involved in a transaction. Human society has evolved in a way to cope withthese disputes by creating law and order bodies. An Intelligent Arbitrator Associate (IAA) that works with and helps the law enforcement and law adjudication authorities to resolve disputes that arise due to commerce conducted over the Internet is presented in this paper. The infrast...

  7. Deference, expertise and information-gathering powers

    Chan, C

    2012-01-01

    This article explores two questions. First, in adjudicating claims under the Human Rights Act 1998, should the court defer to the executive or legislature on the ground that the latter two institutions possess superior expertise or information-gathering powers, when such expertise or powers fail to generate persuasive first-order reasons for the court? This article argues that rationality requires courts to defer on these second-order grounds of institutional capacity in situations of judicia...

  8. People's Assessor Systems Pivotal to Protection of Human Rights

    WANG YANBING

    2007-01-01

    @@ Back in August 2004, the Standing Committee of the National People's Congress, the highest legislature of China, published the Decision on Improving the People's Assessor System (hereinafter referred to as the Decision). Since it became effective on May 1, 2005, the Decision has proved important to ensuring the right of citizens to participate in activities of adjudication in accordance with the law. It has helped expand judicial democracy and safeguard the legitimate rights and interests of the litigant parties.

  9. H.R. 2738: A bill to amend title 38, United States Code, with respect to benefits for individuals who may have been exposed to ionizing radiation during military service, and for other purposes, introduced in the US House of Representatives, One Hundred Second Congress, First Session, June 24, 1991

    This bill was introduced into the US House of Representatives on June 24, 1991 to amend title 38, United States Code with respect to benefits for individuals who may have been exposed to ionizing radiation during military service. Key features addressed in separate sections include the following: expansion of a list of diseases presumed to be service-connected for certain radiation-exposed veteran and elimination of latency-period limitations; and adjudication of claims based on exposure to ionizing radiation

  10. The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter

    Venter, Debra

    2010-01-01

    Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as internati...

  11. Compulsory Arbitration Agreements in Domestic and International Consumer Contracts

    Collins, D A

    2008-01-01

    This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil adjudication. The understanding of UTCCR's unfairness as developed by the UK House of Lords is not necessarily applicable to arbitration clauses because of the lower cost of such proceedings and the availability ...

  12. Compulsory Arbitration Clauses in Domestic and International Consumer Contracts

    Collins, D A

    2008-01-01

    This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil adjudication. The understanding of UTCCR's unfairness as developed by the UK House of Lords is not necessarily applicable to arbitration clauses because of the lower cost of such proceedings and the availability ...

  13. Office of Institutional Integrity Annual Report 2012 Title: Oficina de Integridad Institucional informe anual 2012

    Inter-American Development Bank (IDB)

    2013-01-01

    This report provides an overview of the IDB-Group Sanctions System activities and findings during 2012. The Office of Institutional Integrity has two primary mandates: investigation and prevention of Prohibited Practices in IDB Group-financed activities. To fulfill these equally important goals, OII's internal structure incorporates an investigative and a preventive team. The first is responsible for investigating allegations and presenting cases before the adjudicative bodies of the Sanction...

  14. Patterns of Competence and Adjustment Among Adolescents from Authoritative, Authoritarian, Indulgent, and Neglectful Homes: A Replication in a Sample of Serious Juvenile Offenders

    Steinberg, Laurence; Blatt-Eisengart, Ilana; Cauffman, Elizabeth

    2006-01-01

    The correlates of authoritative, authoritarian, indulgent, and neglectful parenting were examined within a sample of 1,355 14- to 18-year-olds adjudicated of serious criminal offenses. The sample is composed primarily of poor, ethnic-minority youth living in impoverished urban neighborhoods. As has been found in community samples, juvenile offenders who describe their parents as authoritative are more psychosocially mature, more academically competent, less prone to internalized distress, and...

  15. Sexual Science and Sexual Forensics in 1920s Germany: Albert Moll as (S)Expert

    Conn, Matthew

    2012-01-01

    Using court records involving the expert testimony of the Berlin sexologist Albert Moll, my article demonstrates that during the early 1920s a shift in the ‘epistemologies of justice’ concerning the adjudication of sex crimes took place within German courtrooms. Namely, presiding judges considered a greater number of sexual acts as punishable, despite no change in the laws themselves. Central to my argument is the role of expert testimony in practice and its critical reception. By focusing up...

  16. Terrorism litigation as deterrence under international law - from protecting human rights to countering hybrid threats

    Bachmann, Sascha

    2011-01-01

    This article provides a brief overview of the current state of anti-terrorism litigation under US federal law for the adjudication of international torts such as terrorism and other serious human rights violations. Corporate terrorism litigation focuses on the role and impact of both corporate and individual financial aiders and abettors of international terrorism and explores the desirability and feasibility of subjecting these non-state actors to transnational human rights litigation. The t...

  17. ICSID Jurisprudence

    Tsatsos, Aristidis

    2009-01-01

    The settlement of investment disputes within the ICSID system is carried out by the ICSID arbitral tribunals which are non-permanent judicial bodies. Every separate case is adjudicated by a different ICSID panel. The only remedy available to set aside an ICSID award is the annulment procedure pursuant to Article 52 which concerns only the legitimacy of the process of decision. Moreover, the possibility of appeal of an arbitral award is explicitly excluded within the ICSID system. The limited ...

  18. Legal, individual, and environmental predictors of court disposition in a sample of serious adolescent offenders.

    Cauffman, Elizabeth; Piquero, Alex R; Kimonis, Eva; Steinberg, Laurence; Chassin, Laurie; Fagan, Jeffery

    2007-12-01

    Historically, the juvenile court has been expected to consider each youth's distinct rehabilitative needs in the dispositional decision-making process, rather than focusing on legal factors alone. This study examines the extent to which demographic, psychological, contextual, and legal factors, independently predict dispositional outcomes (i.e., probation vs. confinement) within two juvenile court jurisdictions (Philadelphia, Phoenix). The sample consists of 1,355 14- to 18-year-old male and female juvenile offenders adjudicated of a serious criminal offense. Results suggest that legal factors have the strongest influence on disposition in both jurisdictions. For example, a higher number of prior court referrals is associated with an increased likelihood of secure confinement in both jurisdictions. Juveniles adjudicated of violent offenses are more likely to receive secure confinement in Phoenix, but are more likely to be placed on probation in Philadelphia. Race is unrelated to dispositional outcome, but, males are consistently more likely than females to be placed in secure confinement. Importantly, individual factors (e.g., developmental maturity) generally were not powerful independent predictors of disposition. Finally, an examination of the predictors of juvenile versus adult court transfer in Phoenix indicated that males, older juveniles, and those with a violent adjudicated charge were more likely to be transferred to adult court, while juveniles scoring high on responsibility as well as those juveniles with an alcohol dependence diagnosis were more likely to be retained in juvenile court. PMID:17245634

  19. CORRECTING MISCARRIAGE OF JUSTICE IN THE CIVIL PROCEDURE BEING A COMPONENT TO THE RIGHT TO DEFENCE

    Inna Vitalyevna BLAZOMIRSKAYA

    2014-01-01

    Full Text Available The paper considered miscarriage of justice, i.e. an adjudi-cation being wrong judgment in effect containing either denial of defense within the actual (scope of right(s or defending the unlisted right for, for instance, while an in-nocent convict or an acquitted criminal. The dominant fea-tures of miscarriage of justice are the following: 1 A mis-carriage of justice appeared at the final adjudication; 2 A miscarriage of justice was presumed; 3 An agent commis-sioned to operate by a specific ruling would ascertain and eliminate a miscarriage of justice; 4 A specific way of proving a miscarriage of justice; 5 Actual miscarriage of justice has not been subsequent upon the fault / negli-gence having been let / tolerated / omitted by the judge who passed the final adjudication. Eliminating a miscar-riage of justice by the superior court should be one of three steps required for judicial defense. The first step shall be referring to the court and the hearing of the case by the court of first instance with the final disposition of the case that should be mandatory. The second and third steps shall be eliminating a miscarriage of justice and enforcing the court‟s disposition, – should be secured by the State as the effective remedies of judicial defense, and the party con-cerned may involve these when required.

  20. Pengecualian terhadap Penerapan Asas Ultra Petitum Partium dalam Beracara di Pengadilan Agama

    Mrs. Hartini

    2012-02-01

    Full Text Available A judge must examine and adjudicate all charges thoroughly on the lawsuit brought to the court. The judge should not only examine and adjudicate part of the charge and disregard the rest. On the other hand, judge in his/her adjudication is prohibited to accede above the suit brought by the parties. This prohibition is called ultra petitum partium. A judge who accedes in excess of the suit partium is considered to be exceeding his/her authority. In Religious Court proceedings, the implementation of ultra petitum partium principle is an exception in several types of cases. In the procedure of divorce (cerai talak, a judge may grant something not demanded by wife either in the petition of divorce or in the reconvention by charging certain obligations upon the husband, which is the wife’s right as the consequence of the separation. In the procedure of divorce, judge may order a preliminary injunction even if such injunction is not demanded. The argument that justifies the judge’s action is the Marriage Act and the procedural law in the Act on Religious Court is a lex specialis stipulation, judge as judge made law must dig into the values of life, and the judge may execute contra legem action if the stipulation in an article considered to be in contradiction with justice and benefit.

  1. A novel dataset on legal traditions, their determinants, and their economic role in 155 transplants.

    Guerriero, Carmine

    2016-09-01

    The law and the economy are deeply influenced by the legal tradition or origin, which is the bundle of institutions shaping lawmaking and dispute adjudication. The two principal legal traditions, common law and civil law, have been transplanted through colonization and occupation to the vast majority of the jurisdictions in the world by a group of European countries. Here, I illustrate a novel dataset recording the lawmaking institution employed by 155 of these jurisdictions at independence and in 2000 and four discretion-curbing adjudication institutions adopted by 99 of these "transplants" at the same two points in time. Contrary to the "legal origins" scholars׳ assumption, 25 transplants changed the transplanted lawmaking institution and 95 modified at least one of the transplanted lawmaking and adjudication rules. In "Endogenous Legal Traditions" (Guerriero, 2016a) [12], I document that these reforms are consistent with a model of the design of legal institutions by societies heterogeneous in their endowment of both the extent of cultural heterogeneity and the quality of the political process. In "Endogenous Legal Traditions and Economic Outcomes" (Guerriero, 2016b) [13] moreover, I show the relevance of considering legal evolution and the endogeneity between legal traditions and economics outcomes. The data illustrated here also include the proxies for the determinants of legal evolution I use in "Endogenous Legal Traditions" (Guerriero, 2016a) [12] and the novel measure of economic outcomes I employ in "Endogenous Legal Traditions and Economic Outcomes" (Guerriero, 2016b) [13]. PMID:27331119

  2. The 5th Umpire: Automating Cricket's Edge Detection System

    R. Rock

    2013-02-01

    Full Text Available The game of cricket and the use of technology in the sport have grown rapidly over the past decade. However, technology-based systems introduced to adjudicate decisions such as run outs, stumpings, boundary infringements and close catches are still prone to human error, and thus their acceptance has not been fully embraced by cricketing administrators. In particular, technology is not employed for bat-pad decisions. Although the snickometer may assist in adjudicating such decisions it depends heavily on human interpretation. The aim of this study is to investigate the use of Wavelets in developing an edgedetection adjudication system for the game of cricket. Artificial Intelligence (AI tools, namely Neural Networks, will be employed to automate this edge detection process. Live audio samples of ball-on-bat and ball-on-pad events from a cricket match will be recorded. DSP analysis, feature extraction and neural network classification will then be employed on these samples. Results will show the ability of the neural network to differentiate between these key events. This is crucial to developing a fully automated edge detection system.

  3. Mechanisms of constitutional control: a preliminary observation of the Ethiopian system

    G. Kassa

    2007-01-01

    Full Text Available The present mechanism of constitutional adjudication in Ethiopia demonstrates unique features. The mechanism does not belong to any of the constitutional adjudication models operating in other countries. However, a well-developed system of constitutional adjudication is lacking in actual practice. The federal and regional state organs that exercise the power of constitutional control, i.e. the Council of Constitutional Inquiry and the House of Federation at the federal level and the Constitutional Interpretation Commissions, Council of Nationalities and Councils of Constitutional Inquiry at the regional level, are not functioning fully and, moreover, are not moving at equal pace. In some regional states, the institutions competent for constitutional control, though mentioned in the regional constitutions, are not even established yet. In other regions, these institutions have been established, but are not operating in practice. Besides, a challenge of judicial overlap is likely to emerge when the regional organs start to execute their task of constitutional control. Since no mechanism is devised to delimit the respective competences of the federal and state organs, overlap between federal and state institutions is inevitable. Furthermore, there is no clear guidance with regards to the role of the judiciary on matters that involve determination of constitutionality.

  4. Promising role of drug-coated balloons in the tibial vessels?

    Langhoff, Ralf; Behne, Andrea; Buschmann, Eva

    2016-10-01

    In order to assess the role of drug-coated balloons (DCB) in below-the-knee (BTK) artery interventions, we analyzed randomized trials which compare coated to non-coated balloons and additionally a direct comparison of drug-eluting stents (DES) with DCB. As angioplasty with non-coated balloons is per guideline-recommendation still standard of care for below-the-knee artery endovascular treatment, we focused on the direct comparison of efficacy and clinical outcome data of both treatment modalities. Data from peer reviewed and published trials were consulted. For each single study, primary and secondary endpoints were reported and compared. Three single-center, non-core lab adjudicated trials showed encouraging data which suggests that DCB in BTK arteries effectively inhibit the risk of early restenosis, but the pivotal, prospectively randomized, multicenter, core lab adjudicated trials failed to match with these result. Limitations of DEB treatment and trials in BTK arteries had been reported, hence a technical evaluation of possible side effects of DCB treatment and of trial design was taken into account. On the basis of the results available, the distinguishing findings of drug eluting effects in the femoropopliteal region cannot be transferred to BTK arteries. Refinement of the existing DCB technology and of future trial design should be considered. To adjudicate on DCB technology applied for BTK treatment is premature and it is mandatory to be kept under evaluation, because the potential benefit, with respect to the compelling results in the femoropoliteal arteries, could be huge to improve endovascular BTK and especially CLI treatment. PMID:27465390

  5. Different thresholds for detecting osteophytes and joint space narrowing exist between the site investigators and the centralized reader in a multicenter knee osteoarthritis study - data from the Osteoarthritis Initiative

    To evaluate how the reading of knee radiographs by site investigators differs from that by an expert musculoskeletal radiologist who trained and validated them in a multicenter knee osteoarthritis (OA) study. A subset of participants from the Osteoarthritis Initiative progression cohort was studied. Osteophytes and joint space narrowing (JSN) were evaluated using Kellgren-Lawrence (KL) and Osteoarthritis Research Society International (OARSI) grading. Radiographs were read by site investigators, who received training and validation of their competence by an expert musculoskeletal radiologist. Radiographs were re-read by this radiologist, who acted as a central reader. For KL and OARSI grading of osteophytes, discrepancies between two readings were adjudicated by another expert reader. Radiographs from 96 subjects (49 women) and 192 knees (138 KL grade ≥ 2) were included. The site reading showed moderate agreement for KL grading overall (kappa=0.52) and for KL ≥ 2 (i.e., radiographic diagnosis of ''definite OA''; kappa=0.41). For OARSI grading, the site reading showed substantial agreement for lateral and medial JSN (kappa=0.65 and 0.71), but only fair agreement for osteophytes (kappa=0.37). For KL grading, the adjudicator's reading showed substantial agreement with the centralized reading (kappa=0.62), but only slight agreement with the site reading (kappa = 0.10). Site investigators over-graded osteophytes compared to the central reader and the adjudicator. Different thresholds for scoring of JSN exist even between experts. Our results suggest that research studies using radiographic grading of OA should use a centralized reader for all grading. (orig.)

  6. Positive predictive value of a case definition for diabetes mellitus using automated administrative health data in children and youth exposed to antipsychotic drugs or control medications: a Tennessee Medicaid study

    Bobo William V

    2012-08-01

    Full Text Available Abstract Background We developed and validated an automated database case definition for diabetes in children and youth to facilitate pharmacoepidemiologic investigations of medications and the risk of diabetes. Methods The present study was part of an in-progress retrospective cohort study of antipsychotics and diabetes in Tennessee Medicaid enrollees aged 6–24 years. Diabetes was identified from diabetes-related medical care encounters: hospitalizations, outpatient visits, and filled prescriptions. The definition required either a primary inpatient diagnosis or at least two other encounters of different types, most commonly an outpatient diagnosis with a prescription. Type 1 diabetes was defined by insulin prescriptions with at most one oral hypoglycemic prescription; other cases were considered type 2 diabetes. The definition was validated for cohort members in the 15 county region geographically proximate to the investigators. Medical records were reviewed and adjudicated for cases that met the automated database definition as well as for a sample of persons with other diabetes-related medical care encounters. Results The study included 64 cases that met the automated database definition. Records were adjudicated for 46 (71.9%, of which 41 (89.1% met clinical criteria for newly diagnosed diabetes. The positive predictive value for type 1 diabetes was 80.0%. For type 2 and unspecified diabetes combined, the positive predictive value was 83.9%. The estimated sensitivity of the definition, based on adjudication for a sample of 30 cases not meeting the automated database definition, was 64.8%. Conclusion These results suggest that the automated database case definition for diabetes may be useful for pharmacoepidemiologic studies of medications and diabetes.

  7. Assessment of Device-Related Thrombus and Associated Clinical Outcomes With the WATCHMAN Left Atrial Appendage Closure Device for Embolic Protection in Patients With Atrial Fibrillation (from the PROTECT-AF Trial).

    Main, Michael L; Fan, Dali; Reddy, Vivek Y; Holmes, David R; Gordon, Nicole T; Coggins, Tina R; House, John A; Liao, Lawrence; Rabineau, Dawn; Latus, George G; Huber, Kenneth C; Sievert, Horst; Wright, Richard F; Doshi, Shephal K; Douglas, Pamela S

    2016-04-01

    Left atrial appendage closure with the WATCHMAN device is an alternative to anticoagulation for stroke prevention in selected patients with atrial fibrillation (AF). LA device-related thrombus (DRT) is poorly defined and understood. We aimed to (1) develop consensus echocardiographic diagnostic criteria for DRT; (2) estimate the incidence of DRT; and (3) determine clinical event rates in patients with DRT. In phase 1 (training), a training manual was developed and reviewed by 3 echocardiographers with left atrial appendage closure device experience. All available transesophageal (TEE) studies in the WATCHMAN left atrial appendage system for embolic protection in patients with atrial fibrillation (PROTECT-AF) trial patients with suspected DRT were reviewed in 2 subsequent phases. In phase 2 (primary blind read), each reviewer independently scored each study for DRT, and final echo criteria were developed. Unanimously scored studies were considered adjudicated, whereas all others were reevaluated by all reviewers in phase 3 (group adjudication read). DRT was suspected in 35 of 485 patients by the site investigator, the echocardiography core laboratory, or both; 93 of the individual TEE studies were available for review. In phase 2, 3 readers agreed on 67 (72%) of time points. Based on phases 1 and 2, 5 DRT criteria were developed. In phase 3, studies without agreement in phase 2 were adjudicated using these criteria. Overall, at least 1 TEE was DRT positive in 27 (5.7%) PROTECT-AF patients. Stroke, peripheral embolism, or cardiac/unexplained death occurred in subjects with DRT at a rate of 3.4 per 100 patient-years follow-up. In conclusion, DRT were identified on at least 1 TEE in 27 PROTECT-AF patients, indicating a DRT incidence of 5.7%. Primary efficacy events in patients with DRT occurred at a rate of 3.4 per 100 patient-years follow-up, intermediate in frequency between event rates previously reported for the overall device and warfarin arms in PROTECT-AF. PMID

  8. Proposal to negotiate, without competitive tendering, a contract for software licenses for mathematical scientific libraries

    2001-01-01

    This document concerns the purchase of software licenses for mathematical scientific libraries required by the experiments at CERN, in particular at LHC. The Finance Committee is invited to agree to the negotiation, without competitive tendering, of a contract with NAG (GB) for software licenses for mathematical scientific libraries including maintenance fees for an estimated total amount not exceeding 400 000 pounds sterling (980 000 Swiss francs at the current exchange rate) for a period of five years. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: GB - 100%.

  9. Proposal for the award of a contract, without competitive tendering, for a design study for a 30 GHz, high peak power gyro-klystron

    2001-01-01

    This document concerns the award of a contract for a design study for a 30 GHz, high peak power gyro-klystron. The Finance Committee is invited to agree to the negotiation of a contract, without competitive tendering, with COMMUNICATIONS & POWER INDUSTRIES (USA), for a design study for a 30 GHz, high peak power gyro-klystron for a total amount of 198 505 USD (328 278 Swiss francs), not subject to revision. COMMUNICATIONS & POWER INDUSTRIES is the only firm which has experience with such devices. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: USA - 100%.

  10. From the Green Room to the Court Room (And Back: Judicial Clarification of Ambiguity in WTO Law and the Effects on Subsequent Negotiations

    James Flett

    2011-05-01

    Full Text Available The WTO provides an opportunity to observe the recent creation, development and operation of a "hard law" adjudicative legal system, with legal subjects of greatly varying degrees of power, embedded within an intensely political environment. Between these parallel political and legal communities there are numerous points of contact. At each point of contact one finds played out (or to be played out and resolved, re-iteratively, the basic drama between power-based and rules-based approaches to disputes. An examination of the Dispute Settlement Understanding and of subsequent developments - from the particular perspective of a participant within the WTO legal system - suggests that the rules-based approach was initiated in a somewhat low profile manner. Once the process had been quietly booted-up, ambiguity and discretion embedded in the rules has been systematically crystallizing, under the influence of lawyers and adjudicators acting both in and out of the court room, so as to substantially further develop and consolidate a more complete rules-based operating system. This is something to which the Members themselves do not appear to have objected. In the long term, the fundamental driving motor for this process, which ultimately outweighs all other considerations, is a necessity recognised by all participants and their constituents – that is, legal security and predictability for firms engaged in international trade. However, the legitimacy of particular outcomes will ultimately continue to rest upon the rationality, reasonableness and openness of adjudicators and their judgments. This repetitive process of shared experience and palliative outcome is progressively binding the political and legal communities together in a shared fate. The process is proving remarkably successful, and may both serve as a model for (and have spill-over effects in other areas of international law. Ultimately, the system's continued success depends upon jealously

  11. Internationally trained pharmacists in Great Britain: what do registration data tell us about their recruitment?

    Hassell Karen

    2009-06-01

    Full Text Available Abstract Background Internationally trained health professionals are an important part of the domestic workforce, but little is known about pharmacists who come to work in Great Britain. Recent changes in the registration routes onto the Register of Pharmacists of the Royal Pharmaceutical Society of Great Britain may have affected entries from overseas: reciprocal arrangements for pharmacists from Australia and New Zealand ended in June 2006; 10 new states joined the European Union in 2004 and a further two in 2007, allowing straightforward registration. Aims The aims of the paper are to extend our knowledge about the extent to which Great Britain is relying on the contribution of internationally trained pharmacists and to explore their routes of entry and demographic characteristics and compare them to those of pharmacists trained in Great Britain. Methods The August 2007 Register of Pharmacists provided the main data for analysis. Register extracts between 2002 and 2005 were also explored, allowing longitudinal comparison, and work pattern data from the 2005 Pharmacist Workforce Census were included. Results In 2007, internationally trained pharmacists represented 8.8% of the 43 262 registered pharmacists domiciled in Great Britain. The majority (40.6% had joined the Register from Europe; 33.6% and 25.8% joined via adjudication and reciprocal arrangements. Until this entry route ended for pharmacists from Australia and New Zealand in 2006, annual numbers of reciprocal pharmacists increased. European pharmacists are younger (mean age 31.7 than reciprocal (40.0 or adjudication pharmacists (43.0, and the percentage of women among European-trained pharmacists is much higher (68% when compared with British-trained pharmacists (56%. While only 7.1% of pharmacists registered in Great Britain have a London address, this proportion is much higher for European (13.9%, adjudication (19.5% and reciprocal pharmacists (28.9%. The latter are more likely to

  12. Reflections of the changes in patent ductus arteriosus management during the last 10 years.

    El-Khuffash, Afif; Weisz, Dany E; McNamara, Patrick J

    2016-09-01

    Despite a large body of scientific evidence on the management of premature infants with a patent ductus arteriosus controversy remains and neonatologists remain challenged for knowing which patient to treat, what is the most optimal timing of treatment and which treatments have a positive impact on both short-term and long-term outcomes. In this review article we discuss the increased body of evidence over the past 10 years, much of which questions the role of treatment and suggests the need to reconsider how haemodynamic significance is adjudicated. In addition, we discuss novel approaches to assessment and diagnosis, and highlight areas for future investigation. PMID:27118761

  13. Montgomery on informed consent: an inexpert decision?

    Montgomery, Jonathan; Montgomery, Elsa

    2016-02-01

    Montgomery v Lanarkshire HB is a deeply troubling decision when read closely. Paradoxically, its ruling supporting the principle of autonomy could be justified only by disregarding the individual patient's actual choices and characteristics in favour of a stereotype. The decision demonstrates a lack of expertise in dealing with specific clinical issues and misrepresents professional guidance. More fundamentally, it fails to appreciate the nature of professional expertise. This calls into question the competence of the courts to adjudicate on matters of clinical judgement and makes an attractive formulation of the test for disclosure obligations inherently unpredictable. PMID:26811487

  14. Apixaban versus enoxaparin for thromboprophylaxis after knee replacement (ADVANCE-2): a randomised double-blind trial

    Lassen, Michael Rud; Raskob, Gary E; Gallus, Alexander;

    2010-01-01

    , patients, statisticians, adjudicators, and steering committee were masked to allocation. Apixaban was started 12-24 h after wound closure and enoxaparin 12 h before surgery; both drugs were continued for 10-14 days, when bilateral ascending venography was scheduled. Primary outcome was the composite of...... receive oral apixaban 2.5 mg twice daily (n=1528) or subcutaneous enoxaparin 40 mg once daily (1529). The randomisation schedule was generated by the Bristol-Myers Squibb randomisation centre and stratified by study site and by unilateral or bilateral surgery with a block size of four. Investigators...

  15. Overview of Alternative Dispute Resolution: A Primer for Judges and Administrators

    Markus Zimmer

    2011-12-01

    Full Text Available This Overview of Alternative Dispute Resolution (ADR is intended to serve as a practical introduction to the various mechanisms for resolving disputes between parties. It is designed to inform deliberations among judges, justice ministry officials, and administrators who are considering the possibility of adding new dispute resolution options to the traditional adjudicative model operative in their government-based court systems. This Overview provides some guidance on how to design and implement an expanded ADR program in an existing court system.

  16. The International Legal Framework against Nuclear Terrorism

    UNODC’s Assistance: UNODC/TPB offers assistance on the ratification and full implementation of the international legal instruments against nuclear terrorism through: – awareness-raising and capacity-building on the provisions of the instruments; – drafting and/or review of national legislation; – training of criminal justice and law enforcement officials on the effective implementation of the instruments (on investigation, prosecution and adjudication of relevant cases); and – enhancing international cooperation in criminal matters related to nuclear terrorism. UNODC/TPB works closely with relevant international and regional organizations and entities

  17. Proposal to negotiate, without competitive tendering, an order for the supply of copper tubes for the manufacture of heat exchanger tubes for the LHC

    European Organization for Nuclear Research

    2002-01-01

    This document concerns the supply of 1 500 copper tubes for the manufacture of heat exchanger tubes for the LHC. The Finance Committee is invited to agree to the negotiation, without competitive tendering, of an order with OUTOKUMPU (FI) for the supply of copper tubes for the manufacture of heat exchanger tubes for the LHC for an amount of 710 000 Swiss francs, subject to revision according to the copper index on the London Metal Exchange. The firm has indicated the following distribution by country of the order value covered by this adjudication proposal: FI - 100%.

  18. Proyecto de remodelación de la Calle Serrano y construcción de tres aparcamientos. Metodología de trabajos topográficos.

    Cajete Manso, Luis Vicente

    2014-01-01

    El 8 de Agosto de 2008 el Ayuntamiento de Madrid adjudicó a un consorcio formado por Cintra Infraestructuras e Iridium Concesiones el proyecto de Remodelación de la calle Serrano y la redacción del proyecto, construcción y explotación de tres aparcamientos con un total de 3.297 plazas repartidas entre parte pública y de residentes. El proyecto supuso una transformación total de la calle más exclusiva de Madrid invitando al paseo y el disfrute de su parte comercial con un aumento de hasta e...

  19. Commercial Stakeholers in International Economic Dispute Resolution and the Issue of Judicial Independence

    Jemielniak, Joanna

    The paper discusses the problem of influence, exerted by commercial actors, in international trade disputes, and its impact onto the position of adjudicators. It explores the role of commercial stakeholders as a driving force behind States’ actions and examines procedural options available to them...... Body in the discussed area are set against those of investment and commercial arbitration (as the institutions and rules designed for the latter are also being used for trade controversies, as in the Softwood Lumber LCIA arbitrations). Consequently, the problem of standards of adjudicatory independence...

  20. Addressing Human Rights in the Court of Justice of the Andean Community and the Tribunal of the Southern African Development Community

    Stephen Kingah

    2014-08-01

    Full Text Available The article compares how the regional tribunals of the Andean Community (CAN and the Southern African Development Community (SADC have dealt with human rights issues in order to explore options for South-South judicial cooperation through adjudicative cross-fertilization, while taking into account specificities that characterize both regions. In doing so, focus is placed on four elements: a the scope of human rights covered by each of the regional tribunals; b the locus standi of individuals before the tribunals; c the added value of the regional tribunals; and d the restrictive role of politics in the functioning of the tribunals.

  1. EU Law Autonomy Versus European Fundamental Rights Protection

    Storgaard, Louise Halleskov

    2015-01-01

    argues that the Opinion, in both form and substance, is in line with the pattern of the Court opting for a more autonomous EU approach to fundamental adjudication following the entry into force of the Lisbon Treaty and that this development gives rise to serious concerns about the effectiveness and......In the recently issued Opinion 2/13, the EU Court of Justice ruled that EU accession to the European Convention on Human Rights on the basis of the current Draft Accession Agreement would be incompatible with the EU Treaties. This article examines the impact of Opinion 2/13 on European fundamental...

  2. Faridah bt. Dato Talib v. Mohd. Habibullah bin Mahmood [14 October 1989].

    1989-01-01

    The Malaysian court held that a Muslim wife could sue her Muslim husband for damages arising from assault and battery. It rejected the husband's argument that the suit must be adjudicated in a religious court because it was related to marriage, a topic for Muslims handled exclusively by religious courts. It concluded that assault and battery were not marital matters but criminal law matters. Moreover, it ruled for the same reason that the suit was not precluded by the Married Women Ordinance 1957, which prohibits a wife from suing her husband in tort, except for the protection or security of her property. PMID:12344524

  3. Second Line of Defense, Port of Buenos Aires and Exolgan Container Terminal Operational Testing and Evaluation Plan, Buenos Aires, Argentina

    Roberts, Bryan W.

    2012-08-23

    The Office of the Second Line of Defense (SLD) Megaports project team for Argentina will conduct operational testing and evaluation (OT&E) at Exolgan Container Terminal at the Port of Dock Sud from July 16-20, 2012; and at the Port of Buenos Aires from September 3-7, 2012. SLD is installing radiation detection equipment to screen export, import, and transshipment containers at these locations. The purpose of OT&E is to validate and baseline an operable system that meets the SLD mission and to ensure the system continues to perform as expected in an operational environment with Argentina Customs effectively adjudicating alarms.

  4. Vztah práva na soukromí a práva na informace v České republice

    Bardiovská, Petra

    2014-01-01

    This bachelor thesis offers a view on two basic human rights, a right to privacy and a right for information and deals with situations in which these rights stand against each other and come into conflict. The dispute between these two rights always needs to be adjudicated and so one of these rights is prevailed over the other one. However, to decide which to law should be given priority and which will be limited, it is not always easy. This thesis tries to answer a question if a solution for...

  5. CONTRACT FARMING PRACTICE IN INDIAN PUNJAB: FARMERS’ PERSPECTIVE

    Nivedita Sharma

    2014-01-01

    Full Text Available This paper examines the status quo of contract farming in Indian Punjab from the farmers‟ perspective. The analysis is based on the field survey of three districts of the state covering 300 contract farmers. It is observed that agribusiness normalization has taken hold of the CF practice and farmers are facing its brunt. Withdrawal of extension services, reneging on prices and procurement are the major issues afflicting CF. Lack of adjudication is making contract farming exploitative in approach and the study recommends vigilant and strong intervention of the government.

  6. Proposal to negotiate, without competitive tendering, a contract for the maintenance of three 420 kV circuit breakers

    2000-01-01

    This document concerns the award of a contract for the maintenance, by the manufacturer, of three 420 kV circuit breakers. The Finance Committee is invited to agree to the negotiation of a contract, without competitive tendering, with SCHNEIDER ITALY (IT) (formerly NUOVA MAGRINI GALILEO), the manufacturer of the equipment, for the maintenance of three 420 kV circuit breakers for a total amount of 490 000 Swiss francs, not subject to revision. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: IT?100%.

  7. Plan Assurance Qualité for an Installation Contract

    Gascon, C

    2001-01-01

    The current ST/EL group's installation and maintenance contract expires on June 2001. Official procedures for a new contract began a few months ago. Once the new contract has been adjudicated, contractor firm should establish a Quality Assurance Plan (PAQ) within 6 months to be approved. This PAQ is the essential main instrument which ST/EL group has in order to assure a perfect achievement of signed contract. PAQ efficiency depends on its good knowledge and its permanent application on the part of the contractor firm and especially on the part of ST/EL group. The acquired experience during last PAQ should be reflected in the future contract.

  8. Role of the case law to ensure judicial power

    Pesudovs A.

    2014-01-01

    Full Text Available The research substantiates the need for uniform court practice, by underscoring the importance of it in complying with uniform administration of justice, increase of procedural economy and effectiveness, and ensuring indivisibility of judicial power. Practical part of the research is constituted by study of the practice of the application of laws in the judicial system of the Republic of Latvia. Focus is on the decisions on undisputed compulsory execution of obligations. For more objective substantiation of the problem also other adjudications are analysed with regard to essential civil law matters.

  9. A Case of Improperly Registered "Wansheng" Trademark

    2005-01-01

    @@ In September 1999, the Trademark Review and Adjudication Board of the China State Administration for In-dustry and Commerce (SAIC) made its fi-nal decision on revocation of the "Wangsheng" trademark: the ground for the revocation raised by Hitachi Maxell Ltd.(Hitachi) that the Shenzhen Hua Yuan In-dustrial (Group) Co., Ltd. (Hua Yuan) has registered, by improper means, the "Wansheng" trademark no. 592880 for Class 9 floppy and magnetic disks and no.870819 for Class 9 battery are tenable and the trademark is revoked.

  10. Proposal to negotiate, without competitive tendering, a contract for the provision of architectural and civil engineering services for the construction of the Globe of Innovation

    2003-01-01

    This document concerns the award of a contract for the provision of architectural and civil engineering services for the construction of the Globe of Innovation. For the reasons explained in this document, the Finance Committee is invited to agree to the negotiation of a contract, without competitive tendering, with the consortium GROUPE H (CH) - CHARPENTE CONCEPT (CH), for the provision of architectural and civil engineering services related to the re-erection of the Globe of Innovation, for a total amount not exceeding 850 000 Swiss francs, not subject to revision. The consortium has indicated the following distribution by country of the contract value covered by this adjudication proposal: CH-100 %.

  11. Narratives of Optimum Currency Area theory and Eurozone Governance

    Snaith, Holly Grace

    2014-01-01

    subject of very significant internal disagreement, to the extent that economists writing within the field do not commonly agree upon the ontological foundations of the theory. This entails that the translation of the theory into political reality has been characterised by a series of often mutually...... contradictory narratives, which build upon schisms in the academic corpus. The political realisation of this can be seen during the negotiations over the 1992 process, where certain aspects of the theory concerning governance (of fiscal policy and preferences for conflict adjudication) have been notably...

  12. Lecciones sobre la situación actual de las concesiones de autopistas de peaje españolas

    Baeza Muñoz, Mª de los Ángeles; Vassallo Magro, José Manuel

    2014-01-01

    Entre los años 1998 y 2006 la Administración estatal española adjudicó trece concesiones de autopistas de peaje. Actualmente ocho de ellas se encuentran en concurso de acreedores. Los motivos de esta situación son tres: los sobrecostes por expropiaciones, las subestimaciones en los costes de construcción, y las sobrestimaciones del tráfico. Los problemas de tráfico se agravaron a partir del año 2008 con la crisis económica. Para tratar de solucionar el problema, la Administración ha otor...

  13. What AI Pratitioners Should Know about the Law Part Two

    Frank, Steven J.

    1988-01-01

    This is Part 2 of a two-part article and discusses issues of tort liability and the use of computers in the courtroom. [The legal dimensions of topics covered in this part are given comprehensive attention by the author in Tort Adjudication and the Emergence of Artificial Intelligence Software, 21 Suffolk University Law Review 623 (1987)]. Part 1 of this article, which appeared in the Spring 1988 issue of AI Magazine, discussed steps that developers of AI systems can take to protect their eff...

  14. Progress in construction of the LHC

    Evans, Lyndon R

    1998-01-01

    The Large Hadron Collider (LHC) project, approved by the CERN Council in December 1994, has now fully entered its construction phase, with the detailed technical definition of the major systems, and the adjudication of a number of large procurement contracts. We first recall the main features and characteristics of the LHC, report on the advances in definition of the layout and optics as well as on preparation of the injector complex, and review recent progress in the key technical systems of the main ring: magnets, cryogenics and vacuum, as well as civil construction, which has started following acceptance by authorities in the Host States.

  15. Cryogenic Operation Methodology and Cryogen Management at CERN over the last 15 Years

    Delikaris, D; Claudet, S; Gayet, Ph; Passardi, Giorgio; Serio, L; Tavian, L

    2009-01-01

    CERN, the European Organization for Nuclear Research has progressively implemented and brought into operation an impressive number of cryogenic units (34). The paper will present the evolution of CERN’s cryogenic infrastructure and summarize results from cryogenic operation cumulating 590’000 running hours over the last fifteen years. The implemented methodology allowing reaching a high level of plant reliability will be described. CERN also becomes an intensive user of cryogens. Contracts for the delivery of 320 t of liquid helium and 70’000 t of liquid nitrogen have been adjudicated. The paper will describe the procurement strategy, the storage infrastructure and cryogen inventory.

  16. Simple model of photo acoustic system for greenhouse effect

    Fukuhara, Akiko; Kaneko, Fumitoshi; Ogawa, Naohisa

    2010-01-01

    The green house effect is caused by the gases which absorb infrared ray (IR) emitted by the earth. It is worthwhile if we can adjudicate on which gas causes the greenhouse effect in our class. For this purpose, one of our authors, Kaneko has designed an educational tool for testing greenhouse effect \\cite{Kaneko}. This system (hereafter abbreviated PAS) is constructed based on photo acoustic effect. Without difficulty and high cost, we can build PAS and check the IR absorption of gas. In this...

  17. H.R. 1972: A bill to amend title 38, United States Code, with respect to benefits for veterans who may have been exposed to ionizing radiation during military service, and for other purposes, introduced in the US House of Representatives, One Hundred Second Congress, First Session, April 22, 1991

    This bill was introduced into the US House of Representatives on April 22, 1991 to amend title 38, United States Code. This legislation involves benefits for veterans who may have been exposed to ionizing radiation during military service. Individual sections address the following: expansion of presumption of service connection for certain radiation-exposed reservists; expansion of list of diseases presumed to be service-connected for certain radiation-exposed veterans and elimination of latency-period limitations; and adjudication of claims based on exposure to ionizing radiation

  18. Proposal for the award of a contract for the supply of Cabletron gigabit routers

    2000-01-01

    This document concerns the award of a contract for the supply of Cabletron gigabit routers. Following a call for tenders (IT-2870/IT) sent on 14 July 2000 to 13 firms in three Member States, CERN received, by the closing date, tenders from four firms in one Member State. The Finance Committee is invited to agree to the negotiation of a contract with ACN (CH), the lowest bidder, for the supply of Cabletron gigabit routers for a total amount of 1 887 000 Swiss francs, not subject to revision. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: IE-100%.

  19. 论国际投资仲裁中的多重程序--以 ICSID 仲裁案件为例%On multiple proceedings in international investment arbitration in the perspective of ICSID arbitration

    许敏

    2014-01-01

    Multiple proceedings are those caused by the appeal which aims at the same party with the same event or measure instituted by the same or different adjudicators.The harmfulness of multiple proceedings is a waste of resources and conflicting adjudications in which the latter may jeopardize the judicial certainty and the legitimacy of international arbitration mechanism.This paper uses the ICSID cases as a basis for analysis,points out the harmfulness of conflicting adjudications,provides several countermeasures for multiple proceedings rendered by the current international community and the ac-ademic circles,establishes an appeal mechanism in international arbitration,adjudicates by reciprocal reference of different arbitral tribunals,consolidates relevant procedures,and finally discusses the feasibility of these measures.%多重程序是指由相同或不同的裁决者根据相同事件或措施提起的针对同一当事方的诉求引起的程序。多重程序的危害在于浪费资源和产生冲突裁决。其中冲突裁决造成的危害较大,因其会造成司法不确定以及损害国际仲裁机制的合法性。文中以 ICSID 中心处理的投资仲裁案件为分析基础,指出冲突裁决产生的危害并分析目前国际社会和学界针对多重程序问题的几个对策:即在国际仲裁中建立上诉机制、各仲裁庭相互参照做出裁决或合并相关程序等,并在此基础上对这几个对策的可行性进行了分析。

  20. Potential Implications of Research on Genetic or Heritable Contributions to Pedophilia for the Objectives of Criminal Law

    Berryessa, Colleen M.

    2015-01-01

    In recent years, there has been increasing scientific research on possible genetic or heritable influences to the etiology of pedophilia, driven by national and public concerns about better understanding the disorder in order to reduce children’s vulnerabilities to pedophilic and child sex offenders. This research has corresponded to growing academic dialogue on how advances in genetic research, especially concerning the causes and development of particular mental disorders or behaviors, may affect traditional practices of criminal law and how the justice system views, manages, and adjudicates different types of criminal behavior and offenders. This paper strives to supplement this dialogue by exploring several of the many possible effects and implications of research surrounding genetic or heritable contributions to pedophilia for the five widely accepted objectives that enforce and regulate the punishment of criminal law. These include retribution, incapacitation, deterrence, rehabilitation, and restoration. Although still currently in early stages, genetic and heritability research on the etiology of pedophilia may have the potential moving forward to influence the current and established punitive methods and strategies of how the justice system perceives, adjudicates, regulates, and punishes pedophilic and sex offenders, as well as how to best prevent sexual offending against children by pedophilic offenders in the future. PMID:25557668

  1. Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law

    L du Plessis

    2009-12-01

    Full Text Available This contribution focuses on the way in which the South African Constitutional Court has, since 1997, been dealing with the (seemingly eccentric claims of (assumedly idiosyncratic 'religious Others'. Developments in this regard have, for the time being at least, culminated in the Constitutional Court's landmark judgment in MEC for Education: KwaZulu Natal v Pillay 2008 (2 BCLR 99 (CC, 2008 (1 SA 474 (CC (hereafter Pillay. Constitutional Court judgments since 1997 manifesting the adjudication of such unconventional claims are assessed, eventually getting to Pillay as benchmark. This remarkable judgment, dealing with a deceptively mundane issue, has played a considerable role in fleshing out a jurisprudence of difference, putting an adherent of a vulnerable, minority religion in the right. This is not just a high point in the adjudication of constitutional entitlements of the religious (and cultural Other in South Africa, but also a significant contribution to the growth of a jurisprudence sensitive to the predicaments and constitutional entitlements of unconventional, 'non-mainstream' claimants of religious (and cultural rights. Finally Pillay illustrates that the constitutional guarantee of the right to freedom of religion, conscience, belief and opinion (entrenched in section 15(1 of the Constitution of Republic of South Africa 1996 can be crucially dependent upon due effect being given to the proscription of unfair discrimination on the grounds of religion, conscience, belief and opinion elsewhere (namely in section 9(3 of the Constitution.

  2. Influence of the sFlt-1/PlGF Ratio on Clinical Decision-Making in Women with Suspected Preeclampsia

    Klein, Evelyn; Schlembach, Dietmar; Ramoni, Angela; Langer, Elena; Bahlmann, Franz; Grill, Sabine; Schaffenrath, Helene; van der Does, Reinhard; Messinger, Diethelm; Verhagen-Kamerbeek, Wilma D. J.; Reim, Manfred; Hund, Martin; Stepan, Holger

    2016-01-01

    Objective To evaluate the influence of the soluble fms-like tyrosine kinase 1/placental growth factor ratio in physicians’ decision making in pregnant women with signs and symptoms of preeclampsia in routine clinical practice. Methods A multicenter, prospective, open, non-interventional study enrolled pregnant women presenting with preeclampsia signs and symptoms in several European perinatal care centers. Before the soluble fms-like tyrosine kinase 1/placental growth factor ratio result was known, physicians documented intended clinical procedures using an iPad® application (data locked/time stamped). After the result was available, clinical decisions were confirmed or revised and documented. An independent adjudication committee evaluated the appropriateness of decisions based on maternal/fetal outcomes. Clinician decision making with regard to hospitalization was the primary outcome. Results In 16.9% of mothers (20/118) the hospitalization decision was changed after knowledge of the ratio. In 13 women (11.0%), the initial decision to hospitalize was changed to no hospitalization. In seven women (5.9%) the revised decision was hospitalization. All revised decisions were considered appropriate by the panel of adjudicators (McNemar test; p preeclampsia. This is the first study to demonstrate the impact of angiogenic biomarkers on decision making in a routine clinical practice. PMID:27243815

  3. Power, Process, and Protection: Juveniles as Defendants in the Justice System.

    Woolard, Jennifer L; Henning, Kristin; Fountain, Erika

    2016-01-01

    The juvenile court was created in 1899 in part to remedy the unfairness of trying youth in the adult criminal justice system, but its success at rectifying those problems is unclear. One concern is that the vast majority of youth who are adjudicated delinquent are adjudicated after waiving their right to trial and entering a guilty plea. Fairness and equity in the plea bargaining process are premised on the assumption that youth have the capacity to understand and elect between available options and will be given a meaningful opportunity to choose without coercion and deception. In legal terms, the Constitution will only sanction a plea when the defendant makes a knowing, voluntary, and intelligent waiver of her right to trial. In this chapter, we briefly describe the juvenile court process and explain the circumstances of a plea bargain, which constitutes both a waiver of Constitutional rights and an agreement to certain conditions. Then we evaluate the research and practice knowledge regarding the legal components of a valid waiver-that it must be knowing and voluntary. We consider how information, capacity, and circumstance contribute to a knowing waiver. Then we examine how procedural justice, paternalism, and coercion may affect a voluntary waiver. Throughout, we consider whether the people, policies, and practices meant to assess and safeguard that waiver decision fulfill their intended purpose. PMID:27474426

  4. Potential implications of research on genetic or heritable contributions to pedophilia for the objectives of criminal law.

    Berryessa, Colleen M

    2014-01-01

    In recent years, there has been increasing scientific research on possible genetic or heritable influences to the etiology of pedophilia, driven by national and public concerns about better understanding the disorder in order to reduce children's vulnerabilities to pedophilic and child sex offenders. This research has corresponded to growing academic dialogue on how advances in genetic research, especially concerning the causes and development of particular mental disorders or behaviors, may affect traditional practices of criminal law and how the justice system views, manages, and adjudicates different types of criminal behavior and offenders. This paper strives to supplement this dialogue by exploring several of the many possible effects and implications of research surrounding genetic or heritable contributions to pedophilia for the five widely accepted objectives that enforce and regulate the punishment of criminal law. These include retribution, incapacitation, deterrence, rehabilitation, and restoration. Although still currently in early stages, genetic and heritability research on the etiology of pedophilia may have the potential moving forward to influence the current and established punitive methods and strategies of how the justice system perceives, adjudicates, regulates, and punishes pedophilic and sex offenders, as well as how to best prevent sexual offending against children by pedophilic offenders in the future. PMID:25557668

  5. 1754 Days to the LHC and counting!

    2001-01-01

    At the 118th session of CERN Council, held on Friday 15 June under the chairmanship of Professor Maurice Bourquin of Switzerland, Director-General, Luciano Maiani, presented the commissioning schedule for the Large Hadron Collider (LHC) for the first time. The LHC will collide its first beams in a pilot run starting on 1 April 2006. 'We are 1754 days from the LHC', said Professor Maiani. A full seven-month physics run will begin in August 2006, and the LHC's heavy-ion programme will start in February 2007. Left to right: Lyn Evans, Luciano Maiani, Alexander Skrinsky, and Kurt Hubner with the magnets from Novosibirsk. Professor Maiani underlined to Council that the LHC is now CERN's most important single activity, accounting for over 70% of the Laboratory's resources. Moreover, with some 70% of the total LHC cost adjudicated and 30% paid, the project is very far advanced. With the adjudication this Autumn of the contracts for the 1236 fifteen metre superconducting dipole magnets, the placing of major contrac...

  6. Human trafficking for labour exploitation: Interpreting the crime

    Jill E.B. Coster van Voorhout

    2007-12-01

    Full Text Available The definition of human trafficking for labour exploitation, as follows from the European Council Framework Decision, proves to be unclear. Literal interpretation does not suffice, because it does not clarify all elements of what is deemed to be criminal behaviour, and hermeneutical interpretation also falls short discouraging the aim of this legislation, namely harmonisation. Hence, another solution is required. This article does so by firstly challenging assumptions about human trafficking for labour exploitation that are generally pertinent, but nonetheless untrue. This accurate appraisal of the crime’s nature is followed by a synopsis of national legislation and adjudication in three Member States, so as to also focus on these actualities regarding the crime that are commonly not conceived. This article examines two countries that have implemented the Framework Decision, namely Belgium and the Netherlands, and one that has not yet done so, the United Kingdom. Thereafter remaining unexplained elements of the Framework Decision’s definition are interpreted with use of international, pan-European and European legislation and adjudication. Based upon all this, a suggested interpretation of the Framework Decision’s definition is provided so as to overcome all identified difficulties with it.

  7. Review of Administrative Justice in the Republic of Kosovo

    Islam Pepaj

    2015-07-01

    Full Text Available The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficulties in professionalization of public administration and this is closely related to large number of case that are subject of judicial review which is not a case with other countries which have longer experience in public administration. In this context, more attention has been paid to review of administrative acts and issues with special focus on judicial review, following with legal remedies, administration silence as cause of judicial review. The paper also contains information about administrative justice in Kosovo before and 2013, and its current state. New court structure brought with New Law on Courts which entered into force in 2013 affected administrative justice substantially. In the previous system, Kosovo Supreme Court was the only instance handling administrative disputes. In this regard, the issue of effective legal remedies was not in place as required by international standards. However, new court structure brought significant changes regarding legal remedies in administrative justice by setting up three court instances; Administrative departments within Prishtina Basic Court and Appellate Court as well as Supreme Court extraordinary legal remedies review.

  8. Psychosis and Substance Use: Implications for Conditional Release Readiness Evaluations.

    Tabernik, Holly E; Vitacco, Michael J

    2016-03-01

    In Foucha v. Louisiana (1992), the United States Supreme Court ruled that individuals adjudicated not guilty by reason of insanity (NGRI) could not remain in a forensic hospital if they were no longer mentally ill and dangerous. Since this decision, a variety of important questions have arisen related to the insanity defense and what should happen to insanity acquittees post-adjudication. This article provides an analysis of clinical issues confronting forensic examiners when psychosis as a result of substance abuse is the underlying condition supporting an insanity defense. To accomplish this analysis, this article provides the reader with a review of literature showing the complex relationship between psychosis and substance abuse. Second, this article investigates how substance-induced psychosis may impact both insanity opinions and subsequent conditional release decisions. Third, the article aims to provide research-driven information to assist clinicians in conducting conditional release evaluations. Finally, this paper provides a model for evaluating dangerousness in the context of conditional release evaluations. Given the substantial comorbidity between substance abuse and psychosis, it is critical for researchers and clinicians to consider potential effects of substance abuse when evaluating insanity acquittees for conditional release, especially as substance use relates to future dangerousness. Copyright © 2016 John Wiley & Sons, Ltd. PMID:27021306

  9. The Judicialization of (Separation of Powers Politics: Lessons from Chile La judicialización de la (separación de poderes política: Lecciones de Chile

    Druscilla L. Scribner

    2010-01-01

    Full Text Available Most analyses of the judicialization of politics focus on judicial policy-making and rights creation; however when judicialization of politics unfolds in a separation of powers political context courts are also involved in distributing power. The task of power delineation among branches of government is different from policy-making or rights adjudication. Judicializing political disputes about power gives courts the opportunity to alter the balance of institutional power, to create stronger executives (or legislatures and a stronger (or weaker role for themselves. To illustrate these points, this article examines how the Chilean Constitutional Tribunal (TC adjudicated a specific type of separation of powers conflict between the Legislature and the Executive from 1990-2005. The analysis of the TC doctrine overtime highlights how the TC has shifted the balance of power in the policy-making process and augmented its influence within the political system. La mayoría de los análisis de la judicialización de la política se centran en la creación judicial de políticas y derechos. Sin embargo, cuando la judicialización de la política se desarrolla en un contexto institucional de separación de poder, los tribunales también están involucrados en la distribución de poder. La tarea de delimitación de poder entre los poderes del Estado es diferente de la formulación de políticas o adjudicación de los derechos. Judicialización de las disputas políticas sobre el poder confiere a los tribunales la oportunidad de alterar el equilibrio de poder institucional, para crear ejecutivos (o legislaturas más fuertes y un papel para los tribunales altos más dinámico (o débil. Para ilustrar estos puntos, este artículo examina cómo el Tribunal Constitucional Chileno (TC adjudicó un tipo de conflicto específico entre los poderes legislativo y ejecutivo desde 1990 hasta 2005. Un análisis de la jurisprudencia “ley vs. reglamento” del Tribunal

  10. The principle of proportionateness

    The principle of proportionateness is a subject that has been dealt with in numerous court decisions and in a great number of scientific studies, some of them of a very fundamental nature. Still, this principle keeps posing problems both with regard to interpretation and practical application. The study in hand is an attempt towards finding outline solutions for principal problems by first collecting, analysing and harmonising the terminology used, in order to explain the applicability of the principle in the field of legislation, administration, and adjudication. Atomic energy law is then chosen as a subject field of law well suited to demonstrating the great significance of the principle, as decisions taken in this field frequently are governed by this principle (e.g. definition of 'remaining risk' and limits of provisions for damage prevention). (orig.)

  11. Proposal to Negotiate, without Competitive Tendering, a Blanket Order for High-Voltage Thyratrons for the CERN Accelerators

    2002-01-01

    This document concerns the supply of thyratrons to be used as high-voltage and high-current switches for the fast-pulsed magnet systems of the CERN accelerators and for the protection of the klystrons of RF systems. Following a market survey (MS-3136/SL/LHC) carried out among 18 firms in ten Member States, CERN entered into negotiations with one firm in one Member State. The Finance Committee is invited to agree to the negotiation, without competitive tendering, of a new blanket order with E2V TECHNOLOGIES (GB) for up to 800 000 pounds sterling to cover the supply of thyratrons for the years 2003, 2004 and 2005, subject to price revision for inflation for deliveries after 31 December 2003. At the present rate of exchange, this amount is equivalent to 1 855 000 Swiss francs. The firm has indicated the following distribution by country of the order value covered by this adjudication proposal: GB - 100%.

  12. Proposal to place a supplementary order for LHC cryodipole end restraints

    2004-01-01

    This document concerns a proposal to place a supplementary order for LHC cryodipole end restraints. The Finance Committee is invited to agree to the placing of a supplementary order with STAINLESS METALCRAFT (GB) for the supply of 125 additional end restraints for an amount not exceeding 215 500 pounds sterling (492 797 Swiss francs), not subject to revision, bringing the total order value to an amount not exceeding 534 996 pounds sterling (1 223 407 Swiss francs), not subject to revision with an option for up to 80 extra transport end restraints for an amount of 137 920 pounds sterling (315 390 Swiss francs), not subject to revision. The rate of exchange used is that stipulated in the tender. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: GB - 100%.

  13. THE NEW FACILITIES MANAGEMENT CONTRACT AT CERN FROM 1st JULY 2002

    Mauro Nonis

    2002-01-01

    Within the ST Division, all the Facilities Management activities have been under the ST/TFM group responsibility until the 30th June 2002, who has performed them using around 20 industrial support contracts. Starting from the 1st July 2002 a new unit, ST/FM, will take over these activities that will be unified into one single contract that has been adjudicated to the company Facilities Management Network SA. This contract will be in charge of the maintenance and minor works on tertiary installations (i.e. all structures and installations that have no direct relation to the running of the accelerators) for the following trades: Technical: heating, ventilation, air conditioning, plumbing, electricity, civil engineering (painting, roofing, glazing, blinds, fencing, masonry etc.), passenger and goods lifts, automatic and powered doors, kitchen equipment, roads, signs, keys and locks, office furniture, Services: waste collection, security, green areas, cleaning and sanitary supplies, disinfection, rodent contro...

  14. The new Facilities Management contract at CERN from 1st July 2002

    Mauro Nonis

    2002-01-01

    Within the ST Division, all the Facilities Management activities have been under the ST/TFM group responsibility until the 30th June 2002, who has performed them using around 20 industrial support contracts. Starting from the 1st July 2002 a new unit, ST/FM, will take over these activities that will be unified into one single contract that has been adjudicated to the company Facilities Management Network SA. This contract will be in charge of the maintenance and minor works on tertiary installations (i.e. all structures and installations that have no direct relation to the running of the accelerators) for the following trades: - Technical: heating, ventilation, air conditioning, plumbing, electricity, civil engineering (painting, roofing, glazing, blinds, fencing, masonry etc.), passenger and goods lifts, automatic and powered doors, kitchen equipment, roads, signs, keys and locks, office furniture, - Services: waste collection, security, green areas, cleaning and sanitary supplies, disinfection, rodent cont...

  15. THE NEW PURCHASING SERVICE PAGE NOW ON THE WEB!

    SPL Division

    2000-01-01

    Users of CERN's Purchasing Service are encouraged to visit the new Purchasing Service web page, accessible from the CERN homepage or directly at: http://spl-purchasing.web.cern.ch/spl-purchasing/ There, you will find answers to questions such as: Who are the buyers? What do I need to know before creating a DAI? How many offers do I need? Where shall I send the offer I received? I know the amount of my future requirement, how do I proceed? How are contracts adjudicated at CERN? Which exhibitions and visits of Member State companies are foreseen in the future? A company I know is interested in making a presentation at CERN, who should they contact? Additionally, you will find information concerning: The Purchasing procedures Market Surveys and Invitations to Tender The Industrial Liaison Officers appointed in each Member State The Purchasing Broker at CERN

  16. Assaults by Mentally Disordered Offenders in Prison: Equity and Equivalence.

    Hales, Heidi; Dixon, Amy; Newton, Zoe; Bartlett, Annie

    2016-06-01

    Managing the violent behaviour of mentally disordered offenders (MDO) is challenging in all jurisdictions. We describe the ethical framework and practical management of MDOs in England and Wales in the context of the move to equivalence of healthcare between hospital and prison. We consider the similarities and differences between prison and hospital management of the violent and challenging behaviours of MDOs. We argue that both types of institution can learn from each other and that equivalence of care should extend to equivalence of criminal proceedings in court and prisons for MDOs. We argue that any adjudication process in prison for MDOs is enhanced by the relevant involvement of mental health professionals and the articulation of the ethical principles underpinning health and criminal justice practices. PMID:26780106

  17. Characteristics of the Austenitic Steels Used in the LHC Main Dipoles

    Lanza, C

    2002-01-01

    The LHC dipole structure is assembled using austenitic steel collars and austenitic steel end-laminations. The collars will be fine-blanked starting from 11'000 tonnes of steel; the end-laminations require 1'700 tonnes of steel. The procurement of the austenitic steels was divided in two phases: first we qualified different grades from different producers then we made the call for tender, adjudicated the contract and started the series production. The first part of this paper summarises the results of the first qualification phase when extensive checks and measurements were carried out on five different grades. The second part describes the approach used to control the series production and the results obtained. At the time of writing about 19% of the steel for collars and end-laminations has been manufactured and delivered.

  18. Model(ing) Law: The ICTY, the International Criminal Justice Template, and Reconciliation in the Former Yugoslavia

    Carlson, Kerstin Bree

    2013-01-01

    term the international criminal justice template. This template accords three transitional justice functions for ICTs beyond (and in conjunction with) their central judicial aim of adjudicating cases: as (1) articulators of progressive criminal law (2) historians and (3) reconcilers or storytellers. My...... development of international law and society studies, in order to better theorize and understand the structural and theoretical constraints governing the establishment of legitimacy for international criminal courts.......My project uses the case study of the ICTY and reconciliation in the Balkans to address the larger topic of the capacity of international criminal tribunals (ICTs) as transitional justice mechanisms. I argue that the ICTY operates under the (flawed) received wisdom of the IMT at Nuremberg, what I...

  19. Theorizing Mediation: Lessons Learned from Legal Anthropology

    Marc Simon Thomas

    2016-01-01

    Full Text Available Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of ‘alternative dispute resolution’ methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a ‘legal research’ point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.

  20. Proposal for the award of a contract for the supply of an all-terrain telescopic mobile crane

    2001-01-01

    This document concerns the award of a contract for the supply of an all-terrain telescopic mobile crane for the handling of the LHC magnets. A call for tenders (IT-2977/ST/LHC) was sent on 29 May 2001 to 11 firms in six Member States. By the closing date, CERN had received three tenders from three firms in two Member States. The Finance Committee is invited to agree to the negotiation of a contract with LIEBHERR-WERK (DE), the lowest bidder, for the supply of an all-terrain telescopic mobile crane for a total amount of 788 983 euros (1 211 483 Swiss francs) including two years of maintenance and not subject to revision. The rate of exchange which has been used is that stipulated in the tender. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: DE - 72%; CH - 10%; FR - 8%; US - 6%; SE - 2%; AT - 2%.

  1. The ethics of germ-line gene therapy: challenges to mainstream approaches by a feminist critique.

    Perlman, D

    1993-01-01

    Many mainstream bioethicists visualize the ethical debate surrounding germ-line gene therapy (GLGT) as a conflict of rights and duties between a woman and her fetus and as representative of the larger tension between the principles of autonomy and beneficence and its corollary duty to nonmaleficence. Many feminist ethicists attempt to circumnavigate the purported inadequacies of mainstream ethical approaches and take a much broader, context-oriented approach to reproductive freedom. The first section will describe many of the mainstream conflicts surrounding GLGT and offer a feminist critique of the inadequacies of mainstream approaches. Instead of merely achieving a stalemate in ethical dialogue from the mainstream viewpoint, the application of a feminist view of the fetus and reproductive freedom provides a more equitable and ethically inclusive adjudication of the central issue surrounding the ethics of GLGT, as the second section will show. PMID:8118148

  2. Advances in Cryogenics at the Large Hadron Collider

    Lebrun, P

    1998-01-01

    After a decade of intensive R&D in the key technologies of high-field superconducting accelerator magnets and superfluid helium cryogenics, the Large Hadron Collider (LHC) has now fully entered its co nstruction phase, with the adjudication of major procurement contracts to industry. As concerns cryogenic engineering, this R&D program has resulted in significant developments in several fields, amon g which thermo-hydraulics of two-phase saturated superfluid helium, efficient cycles and machinery for large-capacity refrigeration at 1.8 K, insulation techniques for series-produced cryostats and mu lti-kilometre long distribution lines, large-current leads using high-temperature superconductors, industrial precision thermometry below 4 K, and novel control techniques applied to strongly non-line ar processes. We review the most salient advances in these domains.

  3. Planned Parenthood League of Massachusetts v. Bellotti.

    1989-02-01

    The Planned Parenthood League of Massachusetts instituted a class action suit challenging the constitutionality of a statute requiring minors seeking an abortion to obtain parental consent or to persuade a judge of their maturity to give informed consent or that abortion would be in their best interest. In order to invoke judicial review, the plaintiffs moved their suit to federal court. The District Court dismissed the case on grounds that federal review power would interfere with state administration. On appeal, the First Circuit Court of Appeals decided that the plaintiffs could proceed with their action. The Circuit Court found that federal adjudication would not unduly interfere with state administration and remanded the case for further proceedings. Although it affirmed the statute's validity, the circuit court ruled that the plaintiffs must be allowed the opportunity to demonstrate the statute's unconstitutionality. PMID:11648577

  4. Automobile or Other Conveyance and Adaptive Equipment Certificate of Eligibility for Veterans or Members of the Armed Forces With Amyotrophic Lateral Sclerosis Connected to Military Service. Final rule.

    2016-01-13

    The Department of Veterans Affairs (VA) published an Interim Final Rule on February 25, 2015, to amend its adjudication regulations to provide a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment for all veterans with service-connected amyotrophic lateral sclerosis (ALS) and servicemembers serving on active duty with ALS. The amendment authorized automatic issuance of a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment to all veterans with service-connected ALS and members of the Armed Forces serving on active duty with ALS. The intent of this final rule is to confirm the amendment made by the interim final rule without change. PMID:26761955

  5. Data management redefined

    Nimita Limaye

    2010-01-01

    Full Text Available Core perspectives on the traditional approach to CDM are rapidly changing and EDC and new eclincal initiatives are redefining the face of data management. Associated with EDC are not only the higher efficiencies, resulting in lower study costs, but its applications in key areas such as adaptive trials and clinical event adjudication; however the cost and effort involved in deployment and integration remain a deterrent. The role of the data manager may change to that of a data broker who manages the exchange of data from multiple sources, and semantic interoperability, data standards and data privacy will prove to be the defining factors. Simulation modeling, pharmacogenomics, personalized medicine and EHRs will no longer exist as silos and seamless data flows will be the drivers of healthcare solutions.

  6. On perfection of diversified dispute settlement mechanism in China%论我国多元化纠纷解决机制的完善

    李丽峰; 陈佳丽

    2014-01-01

    recognition of agreement. The perfection of administrative adjudication system should started from giving independent status to administrative adjudication subject, enlarging the applicating range of administrative adjudication, and standardizing the procedure of administrative adjudication. In addition, the connection of litigation and non-litigation measures should be paid attention.

  7. Soldiering Archaeology: Pitt Rivers and ‘Militarism’

    Christopher Evans

    2014-01-01

    Full Text Available This paper initially explores the impact of the military on the development of British archaeology generally. It then focuses on the career of General Pitt Rivers, whose army background – especially his work in ordnance and when serving as legal prosecutor – fundamentally informed his archaeology, providing the basis for his concept of 'proof' and the adjudication of evidence. Pitt Rivers was an active member of, and contributed to, the collections of the ‘lost’ museum of the Royal United Services Institute. His particular interest was in the study of 'Primitive Warfare', and he demonstrated its evolution through his ‘typological’ collections of weapons. Finally, given the breadth of military experience and the diverse participation of its members within the discipline, critique is made of Wheeler’s singular formulation of an ‘army-influenced archaeology’.

  8. Making the improbable probable: communication across models of medical practice.

    Buetow, Stephen

    2014-06-01

    Cooperation and conversation in the public sphere may overcome historical and other barriers to rational argumentation. As an alternative to evidence-based medicine (EBM) and patient-centered care (PCC), the recent development of a modern version of person-centered medicine (PCM) signals an opportunity for a conversational pluralogue to replace parallel monologues between EBM and its critics, and the calls to EBM to debate its critics. This article draws upon elements of Habermas's theory of communicative action in order to suggest the kind of pluralogue that is required for stakeholders in modern medicine to benefit more from publicly conversing with each other than speaking alone or using debate to argue against each other. This reasoned perspective has lessons for all discourse when deep value-based and epistemological differences cannot be easily adjudicated. PMID:22743693

  9. A pattern theory of self

    Shaun Gallagher

    2013-08-01

    Full Text Available I argue for a pattern theory of self as a useful way to organize an interdisciplinary approach to discussions of what constitutes a self. According to the pattern theory, a self is constituted by a number of characteristic features or aspects that may include minimal embodied, minimal experiential, affective, intersubjective, psychological/cognitive, narrative, extended and situated aspects. A pattern theory of self helps to clarify various interpretations of self as compatible or commensurable instead of thinking them in opposition, and it helps to show how various aspects of self may be related across certain dimensions. I also suggest that a pattern theory of self can help to adjudicate (or at least map the differences between the idea that the self correlates to self-referential processing in the cortical midline structures of the brain and other narrower or wider conceptions of self.

  10. The role of and limitations on the judiciary in the promotion of social peace in South Africa

    Eberhard Bertelsmann

    2012-08-01

    Full Text Available Judge Eberhard Bertelsmann of the North Gauteng High Court delivered the address published here as he delivered it in Afrikaans in the series of FW de Klerk lectures in Potchefstroom on 20 February 2012. He dealt with the role of and limitations on the judiciary to promote social peace in South Africa, pointing out the achievements of the courts in the establishment of the constitutional dispensation over the past decades. He however also showed that the courts are over-burdened and that court administration leaves much to be desired. Litigants and practitioners do not hesitate to abuse the system and ugly incidents of unethical conduct have marred the professions. Judges however do not take these trends lying down and measures to rectify the situation are well underway. Fair, understandable, predictable and speedy adjudication without fear, favour or prejudice continues to be the contribution of judges to the protection of the South African democracy.

  11. Culturally competent practice with African American juvenile sex offenders.

    Venable, Victoria M; Guada, Joseph

    2014-01-01

    African American juveniles adjudicated for sexual offenses may struggle with the mistrust of both the judicial and treatment systems. Unlike general mental health services, juvenile sex offender treatment is often mandated by the court or child welfare services, thus these youths and their families must engage in the treatment process. Without clinicians and services that can acknowledge and respond to a minority youth's experience in a sensitive, culturally competent manner, there could be significant resistance to treatment. Traditional treatment approaches fail to prioritize issues involving cultural competence. This article addresses the unique challenges of African American juvenile sex offenders and makes recommendations for creating culturally competent practice for these youth and their families. PMID:24641684

  12. Atypical fractures, a biased perspective.

    Aspenberg, Per

    2016-01-01

    When stress fractures started to show up in the femurs of elderly ladies, it was soon evident that bisphosphonate use lay behind, and the absolute risk increase due to bisphosphonate use was reasonably well estimated already in 2008. Thereafter followed a period of confusion: the term atypical fracture was introduced, with a definition so vague that the true stress fractures tended to disappear in a cloud of ambiguity. This cast doubt on the association with bisphosphonates. The association was then re-established by large epidemiological studies based on radiographic adjudication. Atypical fractures are largely caused by bisphosphonates. With a correct indication, bisphosphonates prevent many more fractures than they cause, at least during the first years of use. With an incorrect indication they are likely to cause more harm than good. PMID:26768286

  13. IAEA Safeguards glossary 1987 edition

    In 1980 the IAEA published a safeguards glossary (IAEA/SG/INF/1) with the aim of facilitating the understanding and standardizing the meaning of the rather specialized safeguards terminology within the international community. The revised Glossary presented here takes into account the latest developments as well as comments received since the first version appeared. The terms defined in the Glossary intentionally have not been arranged in alphabetical order, but their sequence corresponds to the internal relation of the subjects treated. The terms are numbered consecutively and an index referring to these numbers has been provided for ease of reference. Translations of the terms into French, Russian, Spanish, German and Japanese have been added. The Glossary has no legal status and is not intended to serve as a basis for adjudicating on problems of definition such as might arise during the negotiation or in the interpretation of safeguards agreements

  14. Miscibility gap and phonon thermodynamics of Fe-Au alloys studied by inelastic neutron scattering and nuclear-resonant inelastic x-ray scattering

    Muñoz, Jorge A. [Intel Corporation, Information Technology Research, Hillsboro, OR 97124 (United States); Fultz, Brent [California Institute of Technology, Department of Applied Physics and Materials Science, Pasadena, CA 91125 (United States)

    2015-07-23

    Recent measurements of the phonon spectra of several Au-rich alloys of face-centered-cubic Fe-Au using inelastic neutron scattering and nuclear-resonant inelastic x-ray scattering are summarized. The Wills-Harrison model, accounting for charge transfer upon alloying, is used to explain the observed negative excess vibrational entropy of mixing, which increases the miscibility gap temperature in the system by an estimated maximum of 550 K and we adjudicate to a charge transfer from the Fe to the Au atoms that results in an increase in the electron density in the free-electron-like states and in stronger sd-hybridization. When Au is the solvent, this softens the Fe–Fe bonds but stiffens the Au–Au and Au–Fe bonds which results in a net stiffening relative to the elemental components.

  15. Proposal for the award of a contract for the supply and laying of pipes for the LHC (points 1 & 4)

    2000-01-01

    This document concerns the award of a contract for the supply and laying of pipes for the LHC (Points 1 & 4). Following a market survey carried out among 65 firms in twelve Member States, a call for tenders (IT-2635/ST/LHC) was sent on 18 February 2000 to one firm and five consortia, four consisting of two firms and one consisting of three firms in seven Member States. By the closing date, CERN had received five tenders from the five consortia. The Finance Committee is invited to agree to the negotiation of a contract with the consortium JBS CONSTRUCTION (UK) and SADE (FR), the lowest bidder, for the supply and laying of pipes at LHC Points 1 & 4, for an amount of 897 819 Swiss francs, not subject to revision. The consortium has indicated the following distribution by country of the contract value covered by this adjudication proposal: GB-53%; FR-47%.

  16. Decision-making in the Unified Patent Court: Ensuring a balanced approach

    Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

    2016-01-01

    The Unified Patent Court (UPC) will become a central player in the future development of European patent law. For this reason it becomes important to ensure that UPC‘s decision-making reflects the double-function of the Court as an adjudicator of individual disputes and a policy maker. Because of...... its institutional design, the UPC will be biased towards technology based values. Therefore, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making which is likely to jeopardize public trust and legitimacy of its decisions. This paper...... analyses how these blind spots can be covered in patent litigation before the UPC within the current legislative framework. The paper focuses on the role of UPC judges as case-managers and decision-makers, on the potential role of third party interveners, and addresses the key role of the parties in...

  17. Proposal to negotiate, without competitive tendering, a contract for the supply of 6000 cryogenic temperature sensors

    2000-01-01

    This document concerns the supply of 6000 cryogenic temperature sensors for the Large Hadron Collider. The Finance Committee is invited to agree to the negotiation of a contract with LAKE SHORE CRYOTRONICS, INC. (USA), without competitive tendering, for the supply of 6000 cryogenic temperature sensors for a total amount of 694 860 US dollars (1 081 500 Swiss francs), not subject to revision. The above amount in Swiss francs has been calculated using the rate of exchange stipulated in the tender. LAKE SHORE CRYOTRONICS, INC. has declared the following origin of the equipment relating to this adjudication proposal: USA-100%. The expenditure for the cryogenic temperature sensors will be reimbursed to CERN by the Department of Energy of the Government of the United States of America within the framework of the Accelerator Protocol to the Co-operation Agreement with the USA concerning their contribution towards the LHC machine.

  18. Atypical femoral fractures and bisphosphonate use: current evidence and clinical implications.

    Saita, Yoshitomo; Ishijima, Muneaki; Kaneko, Kazuo

    2015-07-01

    Osteoporosis is a disease characterized by a low bone volume and deterioration of the bone quality, which increases the risk of low-energy fractures. Bisphosphonate (BP) treatment increases the bone mass and reduces the risk of fractures in patients with osteoporosis by suppressing bone resorption. In spite of its clinical benefits, the long-term use of BPs has been linked to the occurrence of atypical femoral fractures (AFFs). Although the evidence had been controversial regarding the association between the occurrence of AFFs and BP use, more recent studies with radiographic adjudication have indicated the significant associations between them. However, the pathogenesis of AFFs is not completely understood. The most popular hypothesis has suggested that the suppression of bone turnover by BPs is responsible; however, some recent reports have implied the involvement of pathophysiological alterations of the bone quality and fracture repair process. In this review, we summarize and discuss the epidemiology, risk factors and pathology of AFFs. PMID:26137208

  19. Development of diagnostic criteria for serious non-AIDS events in HIV clinical trials

    Lifson, Alan R; Belloso, Waldo H; Davey, Richard T;

    2010-01-01

    PURPOSE: Serious non-AIDS (SNA) diseases are important causes of morbidity and mortality in the HAART era. We describe development of standard criteria for 12 SNA events for Endpoint Review Committee (ERC) use in START, a multicenter international HIV clinical trial. METHODS: SNA definitions were...... (ESPRIT). RESULTS: Final criteria are presented for acute myocardial infarction, congestive heart failure, coronary artery disease requiring drug treatment, coronary revascularization, decompensated liver disease, deep vein thrombosis, diabetes mellitus, end-stage renal disease, non-AIDS cancer...... was reached. CONCLUSION: HIV clinical trials that include SNA diseases as clinical outcomes should have standardized SNA definitions to optimize event reporting and validation and should have review by an experienced ERC with opportunities for adjudication....

  20. Effects and outcomes in civilian and military traumatic brain injury: similarities, differences, and forensic implications.

    Lamberty, Greg J; Nelson, Nathaniel W; Yamada, Torrii

    2013-01-01

    Traumatic brain injury (TBI) is a prominent public health problem in both civilian and military settings. This article discusses similarities and differences in the assessment and treatment of TBI and the attendant forensic implications. Acute care and management of moderate/severe TBI tend to be similar across environments, as is the recognition of disability status in affected individuals. By contrast, an increased focus on mild TBI in recent years has resulted in a reliance on self-report and screening measures to validate the occurrence of events leading to injury. This has complicated assessment, treatment and subsequent medicolegal proceedings. The neuropsychological literature has provided significant guidance on these difficult issues, although the complexity of disability adjudication for active duty members of the military and veterans continues to pose challenges for clinicians in evaluative and treatment contexts. PMID:24105940

  1. Influencia de la lateralidad en la percepción y la psicomotricidad a los 4 años

    García, Beatriz

    2012-01-01

    El propósito de esta investigación es el de estudiar la influencia del tipo de lateralidad en la capacidad de percepción en niños de 4 años, así como otros aspectos como la destreza motriz o la escritura en espejo. Con la aplicación del test de Harris, los 50 niños de la muestra han sido clasificados según la dominancia lateral diestra, zurda, cruzada o no definida en mano, pie, ojo y oído, adjudicándoles además una lateralidad global. Esta información ha sido confrontada con los result...

  2. Les débuts de la ligne ferroviaire de Saint-Étienne à Lyon et les événements de 1830

    Cotte, Michel

    2015-01-01

    Un beau projet non dénué de difficultés En mars 1826, les frères Seguin d’Annonayobtiennent l’adjudication de la ligne de chemin de fer devant relier le bassin minier de Saint-Étienne à la vallée du Rhône. Dans cette affaire de construction ferroviaire, très nouvelle en France, ils sont associés à Édouard Biot, le fils du physicien et neveu de Barnabé Brisson, le principal collaborateur technique du directeur général des Ponts et Chaussées. Le tracé est profondément novateur, il doit en parti...

  3. Treatment of aortic stenosis with a self-expanding transcatheter valve

    Linke, Axel; Wenaweser, Peter; Gerckens, Ulrich; Tamburino, Corrado; Bosmans, Johan; Bleiziffer, Sabine; Blackman, Daniel; Schäfer, Ulrich; Müller, Ralf; Sievert, Horst; Søndergaard, Lars; Klugmann, Silvio; Hoffmann, Rainer; Tchétché, Didier; Colombo, Antonio; Legrand, Victor M; Bedogni, Francesco; lePrince, Pascal; Schuler, Gerhard; Mazzitelli, Domenico; Eftychiou, Christos; Frerker, Christian; Boekstegers, Peter; Windecker, Stephan; Mohr, Friedrich-Wilhelm; Woitek, Felix; Lange, Rüdiger; Bauernschmitt, Robert; Brecker, Stephen

    2014-01-01

    cerebrovascular events (MACCE; all-cause mortality, myocardial infarction, stroke, or reintervention) and mortality at 30 days and 1 year. Endpoint-related events were independently adjudicated based on Valve Academic Research Consortium definitions. A total of 1015 patients [mean logistic EuroSCORE 19.4 ± 12.......2-5.8%), cardiovascular mortality was 3.4% (2.3-4.6%), and the rate of stroke was 3.0% (2.0-4.1%). The life-threatening or disabling bleeding rate was 4.0% (2.8-6.3%). The 12-month rates of MACCE, all-cause mortality, cardiovascular mortality, and stroke were 21.2% (18.4-24.1%), 17.9% (15.2-20.5%), 11.7% (9.4-14.1%), and...

  4. Safety and efficacy of intensive vs. guideline antiplatelet therapy in high-risk patients with recent ischemic stroke or transient ischemic attack

    Christensen, Hanne Krarup

    2015-01-01

    acute ischemic stroke or transient ischemic attack. Randomization and data collection are performed over a secure Internet site with real-time data validation and concealment of allocation. Outcomes, serious adverse events, and neuroimaging are adjudicated centrally with blinding to treatment allocation....... STUDY OUTCOME: The primary outcome is stroke recurrence and its severity ('ordinal recurrence' based on modified Rankin Scale) at 90 days, with masked assessment centrally by telephone. Secondary outcomes include vascular events, functional measures (disability, mood, cognition, quality of life), and...... the safety and efficacy of intensive (combined aspirin, clopidogrel, and dipyridamole) vs. guideline antiplatelet therapy, both given for one-month. This international collaborative parallel-group prospective randomized open-label blinded-end-point phase III trial plans to recruit 4100 patients with...

  5. The Natural History of Antisocial Personality Disorder.

    Black, Donald W

    2015-07-01

    Antisocial personality disorder (ASPD) is characterized by a pattern of socially irresponsible, exploitative, and guiltless behaviour. ASPD is associated with co-occurring mental health and addictive disorders and medical comorbidity. Rates of natural and unnatural death (suicide, homicide, and accidents) are excessive. ASPD is a predictor of poor treatment response. ASPD begins early in life, usually by age 8 years. Diagnosed as conduct disorder in childhood, the diagnosis converts to ASPD at age 18 if antisocial behaviours have persisted. While chronic and lifelong for most people with ASPD, the disorder tends to improve with advancing age. Earlier onset is associated with a poorer prognosis. Other moderating factors include marriage, employment, early incarceration (or adjudication during childhood), and degree of socialization. PMID:26175389

  6. Deliberative Engagement within the World Trade Organization: A Functional Substitute for Authoritative Interpretations

    Creamer, Cosette; Godzimirska, Zuzanna

    The transition from the General Agreement on Tariffs and Trade dispute settlement proceedings to the Dispute Settlement Mechanism (DSM) of the World Trade Organization represented a notable instance of judicialization within international economic governance, in that it significantly increased the...... independence of the DSM from direct government control. Since they began ruling on trade conflicts in 1995, the WTO’s adjudicative bodies have enjoyed a greater degree of interpretive autonomy than initially intended by states parties. This development largely stems from deadlock within the political organs of...... the Organization resulting in non-use of one of the primary means of legislative response—authoritative interpretations. This creates a predicament not only for the Organization’s political organs. The ineffective nature of this existing mechanism also deprives the DSM of constructive normative...

  7. The accuracy of colposcopic biopsy

    Stoler, Mark H; Vichnin, Michelle D; Ferenczy, Alex;

    2011-01-01

    We evaluated the overall agreement between colposcopically directed biopsies and the definitive excisional specimens within the context of three clinical trials. A total of 737 women aged 16-45 who had a cervical biopsy taken within 6 months before their definitive therapy were included. Per......-protocol, colposcopists were to also obtain a representative cervical biopsy immediately before definitive therapy. Using adjudicated histological diagnoses, the initial biopsies and the same day biopsies were correlated with the surgically excised specimens. The overall agreement between the biopsies taken within 6...... degree of variance in the correlation, the overall agreement was 92% for CIN2-3/AIS. The overall agreement between the same day biopsy and definitive therapy specimen was 56% (weighted kappa = 0.41) (95% CI: 0.36-0.47), and the underestimation of CIN2-3/AIS was 57%. There were significant associations in...

  8. Music therapy and the resettlement of women prisoners

    Leith, Helen

    that women prisoners attending music therapy experienced a change in self-perception. Engagement in music therapy translated into behavioural change outside the music therapy room. Participants showed an increase in self-confidence, self-esteem, self-efficacy, achievement motivation and a number of other...... study investigates whether there is a change in the self-perception of women prisoners attending music therapy, and whether, if this is the case, they show an improved ability to engage with prison resettlement interventions. It also examines the impact of different treatment lengths on outcomes. 10......, and therapeutic teaching. Sessions were held by a registered music therapist. Data was collected concurrently in the form of semi-structured interviews, self-report measurements, staff observation questionnaires and prison logs on behavioural incidents, adjudications, and program attendance. The interviews of 6...

  9. Proposal for the award of a contract for the supply and installation of ten 50 m3 liquid nitrogen storage vessels

    2000-01-01

    This document concerns the award of a contract for the supply and installation of ten 50 m3 liquid nitrogen storage vessels. Following a market survey carried out among 61 firms in fifteen Member States, a call for tenders (IT-2788/LHC/LHC) was sent on 30 May 2000 to 16 firms and two consortia, each consisting of two firms, in nine Member States. By the closing date, CERN had received nine tenders from eight firms and one consortium in seven Member States. The Finance Committee is invited to agree to the negotiation of a contract with CHART EUROPE (DE), the lowest bidder, for the supply and installation of ten 50 m3 liquid nitrogen storage vessels for a total amount of 1 614 000 Swiss francs, not subject to revision. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: CZ? 90% and DE? 10%.

  10. Don Juan Vélez de León, refundidor de Quevedo (a propósito del romance “Don Repollo y doña Berza”)

    Plata-Parga, F. (Fernando)

    2004-01-01

    Se estudian las repercusiones que tiene, para la cuestión de la autoría, el descubrimiento de nuevas versiones manuscritas del romance «Don Repollo y doña Berza» (número 683 en la edición de Blecua). El romance, publicado de forma anónima en 1621, ha sido atribuido en diferentes manuscritos a Góngora, Antonio Hurtado de Mendoza y a otros autores. La inclusión del romance en el Parnaso español (1648) de González de Salas adjudicó el poema de forma concluyente a Quevedo. Sin embargo, la recient...

  11. Godsdiensregte in die regspraak: uitlegmetodes in die CESA-beslissings

    J. Swanepoel

    2004-07-01

    Full Text Available Religious rights in case law: Methods of interpretation in the CESA judgments In this article an investigation is conducted into the methods of interpretation followed by specific courts in the adjudication of disputes concerning rights pertaining to religion. This inquiry takes place against the backdrop of an exposition of the protection of the rights concerning religion in the Constitution, 1996. The divergent methods followed by the High Court and the Constitutional Court in deciding the application and appeal of Christian Education South Africa respectively are analysed, characterised and compared. The merits and weaknesses of the methods followed by the courts in this case are highlighted. This assessment is made against the background of the question whether persons who take their religious convictions seriously may have the expectation that their rights concerning religion will be effectively protected by South African courts.

  12. Juvenile Criminal Behavior and Peers’ Influences: A Comparative Study in the Brazilian Context / Conducta delictiva en la adolescencia e influencia de sus pares: un estudio comparativo en el contexto brasileño

    Marina Rezende Bazon

    2012-12-01

    Full Text Available This study investigates aspects of living with peers in adolescent offenders in the Brazilian context based on the social and personal control behavior theory developed by Marc Le Blanc and his colleagues. Both comparative and quantitative approaches were used to study two groups: Delinquents/adjudicated and control. A questionnaire developed by Le Blanc and adapted to the reality of the study was applied to 75 participants. A significant level of 0.05 was adopted and the data analysis showed that delinquents developed poor relationships suggesting an experience of greater socio-emotional isolation. This refers to the problematic experience in one of the major developmental tasks of this period. Further studies should be developed to analyze the interactions between the coexisting aspects in the family, at school and with peers.

  13. Proposal for the award of a contract for the assembly of MQ-DS type cold masses for the LHC

    2003-01-01

    This document concerns the award of a contract for the assembly of 32 MQ-DS type cold masses for the short straight sections of the dispersion suppressor and matching regions of the LHC. Following a call for tenders (IT-3062/AT/LHC) sent on 5 September 2003 to six firms in three Member States, CERN received two tenders from two firms in two Member States. The Finance Committee is invited to agree to the negotiation of a contract with ACCEL INSTRUMENTS (DE), for the assembly of MQ-DS type cold masses of two different dimensions for a total amount of 4 939 194 euros (7 636 000 Swiss francs), not subject to revision. The rate of exchange used is that stipulated in the tender. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: DE - 72 %; GB - 23%; IT - 5%.

  14. Ethics and Water Governance

    David Groenfeldt

    2013-03-01

    Full Text Available Ethics and values are important dimensions of water governance. We show how a "values approach" contributes to an understanding of global water governance, and how it complements other perspectives on governance, namely management, institutional capacity, and social-ecological systems. We connect these other approaches to their own value systems and the ethical attitudes they engender. We then offer a way to explicitly incorporate, and where necessary adjudicate, competing value systems through a values-based approach to governance. A case of the Santa Fe River in New Mexico, USA illustrates how value systems are reflected in water policies and how these values affect governance priorities, such as in environmental flows. The values-based approach clarifies tacit values and creates space to align local values with those needed for effective water governance at the global level.

  15. Soluționarea amiabilă a disputelor prin intervenția celei de a treia părți

    Christian Radu CHEREJI

    2006-06-01

    Full Text Available The alternative dispute resolution methods are a relatively new field of study in Romania, and the efforts to regulate by law these methods are even newer. The authors are of the opinion that a precise conceptual identification of the items included in this field of study is a necessity for both the academic community and for the legislators in Romania. Such an endeavor should facilitate a better understanding of the terms, the methods and the instruments used to resolve disputes by other means than the use of violence or adjudication. The study also emphasizes the advantages of using alternative methods to settle disputes among individuals and/or groups, carefully stipulating also the limits involved by these methods.

  16. Assessing risk of recidivism among juvenile offenders: the development and validation of the recidivism risk instrument.

    Williams, Lela Rankin; LeCroy, Craig W; Vivian, John P

    2014-01-01

    A recidivism risk instrument was developed and validated on a sample of juvenile offenders (N = 1,987) based on the need to classify juveniles by their likelihood of re-offense. Female recidivism (R(2) = 27%) was predicted by younger age at first expulsion from school, history of parent incarceration, gang involvement, felony class offense, and firearm use. Male recidivism (R(2) = 12%) was predicted by younger age at first adjudication, referrals, school suspensions, history of maternal incarceration, firearm use, running away, gang involvement, and destroying property/stealing. Cross-validation analyses indicated that high-risk offenders recidivated at more than five times the rate of low-risk offenders. PMID:25105326

  17. MAOA-L carriers are better at making optimal financial decisions under risk.

    Frydman, Cary; Camerer, Colin; Bossaerts, Peter; Rangel, Antonio

    2011-07-01

    Genes can affect behaviour towards risks through at least two distinct neurocomputational mechanisms: they may affect the value assigned to different risky options, or they may affect the way in which the brain adjudicates between options based on their value. We combined methods from neuroeconomics and behavioural genetics to investigate the impact that the genes encoding for monoamine oxidase-A (MAOA), the serotonin transporter (5-HTT) and the dopamine D4 receptor (DRD4) have on these two computations. Consistent with previous literature, we found that carriers of the MAOA-L polymorphism were more likely to take financial risks. Our computational choice model, rooted in established decision theory, showed that MAOA-L carriers exhibited such behaviour because they are able to make better financial decisions under risk, and not because they are more impulsive. In contrast, we found no behavioural or computational differences among the 5-HTT and DRD4 polymorphisms. PMID:21147794

  18. Forty years of litigation involving medical students and their education: II. Issues of finance.

    Helms, L B; Helms, C M

    1991-02-01

    An analysis of reported state and federal adjudication from 1950 through 1989 was undertaken to identify trends in litigation involving medical students and undergraduate medical education. Of the 110 cited judicial decisions during that time, 59 (54%) involved disputes over financing medical education; 43 (73%) were litigated since 1985. This dramatic increase arises primarily from challenges to National Health Service Corps obligations and from attempts to discharge or reorganize debt under the Bankruptcy Code. Medical school graduates enjoyed very little success in these cases. Analysis of court decisions points to a need for informed counseling for medical students, particularly as to the consequences of timing in default on service obligations and of incurring loans under the Health Education Assistance Loan (HEAL) program as opposed to other loan sources. The growing educational debt of today's medical students foreshadows continued litigation in this area. PMID:1993104

  19. Proposal to negotiate a contract for the supply of vacuum gate valves for the LHC

    2004-01-01

    This document concerns the award of a contract for the supply of 142 all-metal vacuum gate valves for the LHC. Following a market survey carried out among 33 firms in twelve Member States, a call for tenders (IT-3166/AT/LHC) was sent on 5 December 2003 to one firm in one Member State. The Finance Committee is invited to agree to the negotiation of a contract with VAT (CH) for the supply of 142 vacuum gate valves for a total amount of 2 622 780 Swiss francs, not subject to revision, with options for the purchase of up to an additional 60 valves, for a maximum additional amount of 1 075 120 Swiss francs, not subject to revision, bringing the total amount to 3 697 900 Swiss francs, not subject to revision. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: CH - 73%; AT - 21%; DE - 3%; LU - 3%.

  20. Do Organometallic CH4-Me(+p) Adducts and X4H(+) (X = P, As) Clusters Undergo Two-Electron Three-Center Interactions? Some Aspects of Discussion.

    Lobayan, Rosana M; Bochicchio, Roberto C

    2015-07-01

    Most of the systems possessing true two-electron three-center interactions are electron deficient compounds like boron hydrids, closo-boranes, and some organic ions such as butonium cations. In this work, we perform a detailed study of the electron distribution for two different types of systems to which likewise interactions has been adjudicated: organometallic CH4-Me(+p) (p = 1, 2) adducts with Me, alkaline and earth alkaline metallic ions of Li, Na, K, Be, Mg, Ca in their stable gaseous phase and X4H(+) (X = P, As) simple clusters. For this purpose, topological analysis of the electron density decomposed into its effectively paired and unpaired contributions has been carried out looking for complex interactions. PMID:26061421

  1. Justice and allocation of medical resources.

    Gillon, R

    1985-07-27

    In one of a series of short articles on philosophical medical ethics, Gillon examines the principle of justice as it applies to adjudicating competing claims for the distribution of scarce medical resources. He describes Aristotle's theory of justice--with its demands of formal equity, impartiality, and fairness--and then considers various substantive criteria that have been proposed to justify choosing among competing candidates for scarce resources. In the absence of an acceptable way to give consistent moral priority to any of the criteria, he concludes, practical systems should be set up to resolve conflicts by taking into account the fundamental moral values of respect for autonomy, beneficence, and nonmaleficence while incorporating Aristotle's formal principle of justice. PMID:3926150

  2. Proposal for the award of a contract for the supply and installation of chilled water distribution stations for the SPS accelerator

    2000-01-01

    This document concerns the award of a contract for the supply and installation of chilled water distribution stations for the SPS accelerator. Following a market survey carried out among 82 firms in eighteen Member States, a call for tenders (IT-2742/ST/SPS) was sent on 17 January 2000 to 10 firms and seven consortia in nine Member States. By the closing date, CERN had received ten tenders from five firms and five consortia. The Finance Committee is invited to agree to the negotiation of a contract with INIZIATIVE INDUSTRIALI (IT), the lowest bidder, for the supply and installation of chilled water distribution stations for the SPS Accelerator, for an amount of 1 775 127 Swiss francs, not subject to revision. INIZIATIVE INDUSTRIALI (IT) has indicated the following distribution by country of the contract value covered by this adjudication proposal: IT-100%.

  3. The unrealized potential of malpractice arbitration.

    Metzloff, T B

    1997-01-01

    Although the use of arbitration in the commercial arena has increased tremendously in recent years, there has been a reluctance to adopt arbitration of medical malpractice claims in place of litigation. After discussing the benefits of arbitration in medical malpractice cases, Professor Metzloff examines why the use of arbitration has not become predominant, discussing such factors as judicial hostility, failure of state statutes designed to encourage arbitration, and lack of hard evidence that arbitration works. Professor Metzloff then explores the future of arbitration in medical malpractice cases, citing examples from his own work experience with Duke Law School's Private Adjudication Center, and discusses attributes which would make malpractice arbitration successful in the future. PMID:10164669

  4. 司法公正—公平、正义、和谐社会的基石%Judicial Justice-Cornerstone of Fairness, Justice and Harmonious Society

    凌世敏

    2015-01-01

    Judicial justice is the requirement of social fairness, justice and harmony. Unfair adjudication in current society effects on the social development. We should promote the reform of the judicial system un-der the leadership of the party, strengthen the judicial team construction, improve the citizens' legal con-sciousness, change the judicial injustice and improving the judicial credibility.%司法公正是社会公平、正义、和谐的要求.目前我国存在着一些司法不公的情况,对社会发展造成不良影响.我们要在党的领导下推进司法体制改革,加强司法队伍建设,提高公民法律意识,多方努力改变司法不公的现象,提高司法公信力.

  5. Miscibility gap and phonon thermodynamics of Fe-Au alloys studied by inelastic neutron scattering and nuclear-resonant inelastic x-ray scattering

    Recent measurements of the phonon spectra of several Au-rich alloys of face-centered-cubic Fe-Au using inelastic neutron scattering and nuclear-resonant inelastic x-ray scattering are summarized. The Wills-Harrison model, accounting for charge transfer upon alloying, is used to explain the observed negative excess vibrational entropy of mixing, which increases the miscibility gap temperature in the system by an estimated maximum of 550 K and we adjudicate to a charge transfer from the Fe to the Au atoms that results in an increase in the electron density in the free-electron-like states and in stronger sd-hybridization. When Au is the solvent, this softens the Fe–Fe bonds but stiffens the Au–Au and Au–Fe bonds which results in a net stiffening relative to the elemental components

  6. Effect of intravenous TRO40303 as an adjunct to primary percutaneous coronary intervention for acute ST-elevation myocardial infarction

    Atar, Dan; Arheden, Håkan; Berdeaux, Alain;

    2015-01-01

    AIM: The MITOCARE study evaluated the efficacy and safety of TRO40303 for the reduction of reperfusion injury in patients undergoing revascularization for ST-elevation myocardial infarction (STEMI). METHODS: Patients presenting with STEMI within 6 h of the onset of pain randomly received TRO40303......-mass) or left ventricular ejection fraction (LVEF) (46 vs. 48%), or in the mean 30-day echocardiographic LVEF (51.5 vs. 52.2%) between TRO40303 and placebo. A greater number of adjudicated safety events occurred in the TRO40303 group for unexplained reasons. CONCLUSION: This study in STEMI patients treated...... (n = 83) or placebo (n = 80) via i.v. bolus injection prior to balloon inflation during primary percutaneous coronary intervention in a double-blind manner. The primary endpoint was infarct size expressed as area under the curve (AUC) for creatine kinase (CK) and for troponin I (TnI) over 3 days...

  7. Reporting and evaluation of HIV-related clinical endpoints in two multicenter international clinical trials

    Lifson, A; Rahme, FS; Belloso, WH; Dragsted, Ulrik Bak; El-Sadr, WM; Gatell, JM; Hoy, JF; Krum, EA; Nelson, R; Pedersen, C; Pett, SL; Davey, RT

    2006-01-01

    adjudication between reviewers before diagnostic certainty was assigned. CONCLUSION: Important requirements for HIV trials using clinical endpoints include objective definitions of "confirmed" and "probable," a formal reporting process with adequate information and supporting source documentation, evaluation......PURPOSE: The processes for reporting and review of progression of HIV disease clinical endpoints are described for two large phase III international clinical trials. METHOD: SILCAAT and ESPRIT are multicenter randomized HIV trials evaluating the impact of interleukin-2 on disease progression and...... death in HIV-infected patients receiving antiretroviral therapy. We report definitions used for HIV progression of disease endpoints, procedures for site reporting of such events, processes for independent review of reported events by an Endpoint Review Committee (ERC), and the procedure for...

  8. An optimized outlier detection algorithm for jury-based grading of engineering design projects

    Thompson, Mary Kathryn; Espensen, Christina; Clemmensen, Line Katrine Harder

    2016-01-01

    This work characterizes and optimizes an outlier detection algorithm to identify potentially invalid scores produced by jury members while grading engineering design projects. The paper describes the original algorithm and the associated adjudication process in detail. The impact of the various...... conditions in the algorithm on the false positive and false negative rates is explored. Aresponse surface design is performed to optimize the algorithm using a data set from Fall 2010. Finally, the results are tested against a data set from Fall 2011. It is shown that all elements of the original algorithm...... (the base rule and the three additional conditions) play a role in the algorithm's performance and should be included in the algorithm. Because there is significant interaction between the base rule and the additional conditions, many acceptable combinations that balance the FPR and FNR can be found...

  9. Early time courses of recurrent thromboembolism and bleeding during apixaban or enoxaparin/warfarin therapy. A sub-analysis of the AMPLIFY trial.

    Raskob, Gary E; Gallus, Alex S; Sanders, Paul; Thompson, John R; Agnelli, Giancarlo; Buller, Harry R; Cohen, Alexander T; Ramacciotti, Eduardo; Weitz, Jeffrey I

    2016-04-01

    Risks of recurrence and bleeding are highest during the first weeks of anticoagulant therapy for venous thromboembolism (VTE). We therefore examined the early time course of recurrence and major bleeding in a pre-specified sub-analysis of the AMPLIFY trial, a randomised, double-blind, six-month comparison of oral apixaban with conventional therapy (enoxaparin followed by warfarin) in 5,395 patients with symptomatic proximal deep-vein thrombosis or pulmonary embolism. Early events were of particular interest because apixaban was given without initial heparin treatment. The primary efficacy and safety outcomes were the incidences of the adjudicated composite of recurrent symptomatic VTE or death related to VTE, and of adjudicated major bleeding, respectively. This analysis reports on recurrence and bleeding after 7, 21, and 90 days of therapy, in addition to the previously reported end-of-study results. These were the times specified before statistical analysis. Recurrent VTE after 7, 21, and 90 days, and six months had occurred in 18 (0.7%), 29 (1.1%), 46 (1.8%), and 59 patients (2.3%), respectively, given apixaban, and in 23 (0.9%), 35 (1.3%), 58 (2.2%), and 71 patients (2.7%), respectively, given conventional therapy. Major bleeding had occurred during these time intervals in 3 (0.1%), 5 (0.2%), 11 (0.4%), and 15 patients (0.6%), respectively, who received apixaban, and in 16 (0.6%), 26 (1.0%), 38 (1.4%), and 49 patients (1.8%), respectively, given conventional therapy. Efficacy of apixaban was non-inferior at each time point, with no excess of early recurrences. The reduced bleeding risk associated with apixaban began early during the course of treatment. PMID:26661288

  10. No longer in suspense: Clarifying the Human Rights Jurisdiction of the SADC Tribunal

    Moses R Phooko

    2015-12-01

    Full Text Available The Southern African Development Community Tribunal's (SADC Tribunal decision in the matter of Mike Campbell (Pvt Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008 demonstrated its ability to utilise the principles contained in the Treaty of the Southern African Development Community when it ruled that it had the power and competency to adjudicate over a human rights case. The aforesaid decision was hailed by many scholars as a progressive judgment in the SADC region that would promote the rule of law and ensure that member states respected their treaty obligations in their own territories. Unfortunately, the same judgment resulted in the suspension of the SADC Tribunal in 2010 because it had purportedly acted beyond its mandate when it adjudicated over a case concerning a human rights dispute. This article investigates whether the SADC Tribunal had jurisdiction to deal with cases involving allegations of human rights violations. In addressing this question, this article will discuss the powers (implied and tacit of international organisations as understood within international law. In addition, the study will ascertain how the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia have dealt with cases that involved disputes concerning a tribunal or an international organisation that was said to have acted beyond its mandate. The study will also make reference to the East African Court of Justice and the Economic Community of West African States Court of Justice as they have also dealt with implied powers when they were confronted with cases concerning human rights abuses. Certain decisions of the SADC Summit of Heads of States or Government (Summit and the Council of Ministers whose roles include the control of functions and/or overseeing the functioning of the SADC will also be referred to in this study.

  11. ’n Beoordeling van die Skrifberoep ten opsigte van die doodstraf

    De Wet Saaiman

    2012-09-01

    Full Text Available In die lig van die Christelike etiek is ’n beroep op die Skrif ’n sine qua non waar ’n standpunt in verband met ’n etiese vraagstuk ingeneem word. Met ’n beroep op die Skrif is die probleem ongelukkig nie sonder meer opgelos nie. Die verskillende vertolkings van die Skrif het tot gevolg dat etici met teenoorgestelde standpunte hul op dieselfde Skrifgedeeltes beroep. Dit is egter nie voldoende om slegs ’n goeie uiteensetting van vertrekpunte of selfs hermeneutiese reëls te gee nie. Die Christelike etikus moet ’n grondige kennis van die werklikheid hê – etiek word eenvoudig nie in ’n vakuum beoefen nie. In hierdie artikel is ’n beoordeling gedoen van die Skrifberoep ten opsigte van die doodstraf. In die artikel is aangetoon dat die Skrif ten spyte van goeie hermeneutiese vertrekpunte gemanipuleer kan word om die etikus se eie voorveronderstelling te weerspieël.An adjudication of the use of Scripture regarding capital punishment. The use (recall of Scripture is, in light of Christian ethics, a sine qua non when a position with regard to an ethical problem is assumed. A simple interpretation of Scripture does not necessarily settle the problem. Different interpretations of Scripture result in a difference of opinions even when the same Scriptural texts are used. It is therefore simply not sufficient to note a fair explanation of departure points or hermeneutical principles. The Christian ethicist should have an intimate knowledge of reality – ethics is not practised in a vacuum. In this article an adjudication of the use or interpretation of Scripture in the light of capital punishment was conducted. In this article it was shown that Scripture is most often misused despite of fair hermeneutical principles only to reflect the ethicist own preconceived ideas.

  12. Signal quality indices and data fusion for determining clinical acceptability of electrocardiograms

    A completely automated algorithm to detect poor-quality electrocardiograms (ECGs) is described. The algorithm is based on both novel and previously published signal quality metrics, originally designed for intensive care monitoring. The algorithms have been adapted for use on short (5–10 s) single- and multi-lead ECGs. The metrics quantify spectral energy distribution, higher order moments and inter-channel and inter-algorithm agreement. Seven metrics were calculated for each channel (84 features in all) and presented to either a multi-layer perceptron artificial neural network or a support vector machine (SVM) for training on a multiple-annotator labelled and adjudicated training dataset. A single-lead version of the algorithm was also developed in a similar manner. Data were drawn from the PhysioNet Challenge 2011 dataset where binary labels were available, on 1500 12-lead ECGs indicating whether the entire recording was acceptable or unacceptable for clinical interpretation. We re-annotated all the leads in both the training set (1000 labelled ECGs) and test dataset (500 12-lead ECGs where labels were not publicly available) using two independent annotators, and a third for adjudication of differences. We found that low-quality data accounted for only 16% of the ECG leads. To balance the classes (between high and low quality), we created extra noisy data samples by adding noise from PhysioNet’s noise stress test database to some of the clean 12-lead ECGs. No data were shared between training and test sets. A classification accuracy of 98% on the training data and 97% on the test data were achieved. Upon inspection, incorrectly classified data were found to be borderline cases which could be classified either way. If these cases were more consistently labelled, we expect our approach to achieve an accuracy closer to 100%. (paper)

  13. HIV-1 transmission linkage in an HIV-1 prevention clinical trial

    Leitner, Thomas [Los Alamos National Laboratory; Campbell, Mary S [UNIV OF WASHINGTON; Mullins, James I [UNIV OF WASHINGTON; Hughes, James P [UNIV OF WASHINGTON; Wong, Kim G [UNIV OF WASHINGTON; Raugi, Dana N [UNIV OF WASHINGTON; Scrensen, Stefanie [UNIV OF WASHINGTON

    2009-01-01

    HIV-1 sequencing has been used extensively in epidemiologic and forensic studies to investigate patterns of HIV-1 transmission. However, the criteria for establishing genetic linkage between HIV-1 strains in HIV-1 prevention trials have not been formalized. The Partners in Prevention HSV/HIV Transmission Study (ClinicaITrials.gov NCT00194519) enrolled 3408 HIV-1 serodiscordant heterosexual African couples to determine the efficacy of genital herpes suppression with acyclovir in reducing HIV-1 transmission. The trial analysis required laboratory confirmation of HIV-1 linkage between enrolled partners in couples in which seroconversion occurred. Here we describe the process and results from HIV-1 sequencing studies used to perform transmission linkage determination in this clinical trial. Consensus Sanger sequencing of env (C2-V3-C3) and gag (p17-p24) genes was performed on plasma HIV-1 RNA from both partners within 3 months of seroconversion; env single molecule or pyrosequencing was also performed in some cases. For linkage, we required monophyletic clustering between HIV-1 sequences in the transmitting and seroconverting partners, and developed a Bayesian algorithm using genetic distances to evaluate the posterior probability of linkage of participants sequences. Adjudicators classified transmissions as linked, unlinked, or indeterminate. Among 151 seroconversion events, we found 108 (71.5%) linked, 40 (26.5%) unlinked, and 3 (2.0%) to have indeterminate transmissions. Nine (8.3%) were linked by consensus gag sequencing only and 8 (7.4%) required deep sequencing of env. In this first use of HIV-1 sequencing to establish endpoints in a large clinical trial, more than one-fourth of transmissions were unlinked to the enrolled partner, illustrating the relevance of these methods in the design of future HIV-1 prevention trials in serodiscordant couples. A hierarchy of sequencing techniques, analysis methods, and expert adjudication contributed to the linkage

  14. Lessons learned from benchmark orthopaedic trials.

    Swiontkowski, Marc F; Agel, Julie

    2012-07-18

    Benchmark trials in orthopaedics are designed to address a question of substantial interest to clinicians and patients. They are also designed to have prospective data collection, an adequate sample size, an appropriate duration of follow-up based on the injury or treatment under study, blinded adjudication of the outcome variables, appropriate statistical analyses, and widespread and effective dissemination of the information learned in the trial. There are multiple lessons to be gleaned from these trials: (1) Identifying an engaging and relevant clinical question will make it easier to identify centers that are willing to participate. (2) Individual site leadership, both of the overall project and at the individual site, is critical to the success of any trial. (3) Not every trial needs to have a randomized design; observational trials can provide data that will impact clinical care. (4) Patients should understand the long-term goals of the project when they are enrolled so that they have a sense of the importance of their role in the study. (5) Follow-up rates that are >90% are possible for orthopaedic trials, but effort and money are required to achieve this. (6) Patients who do not agree to be randomized should be enrolled as subjects in a parallel observational design if it is available. (7) Blinded adjudication of the outcome variables is recommended whenever feasible. (8) Partnership with the academic community is mandatory for the success of industry-funded, phase-3 United States Food and Drug Administration trials. (9) Intention-to-treat analysis and as-treated analysis should be reported. Benchmark orthopaedic trials can and will change clinical practice, but detailed planning must occur to ensure that the results are believable and relevant to the orthopaedic community. These trials are time-consuming and expensive, but with the use of careful initial planning and continued oversight during the trial, Level-I evidence will be obtained and will be useful

  15. The New Zealand Construction Contracts Amendment Act 2015 - For Better or Worse?

    David Finnie

    2015-11-01

    Full Text Available Adjudication has been statutorily introduced as an alternative dispute resolution method in 14 jurisdictions including New Zealand. Whilst adjudication under the New Zealand Construction Contracts Act 2002 has been hailed a success, further refinements were proposed in the Construction Contracts Amendment Bill first published in 2013. As part of the legislative process, 48 submissions were made to the Commerce Committee. There was general support for most of the amendments, but some parties expressed concerns on some of the changes. A documentary analysis of the Amendment Bills and submissions to the Commerce Committee was made to critically evaluate the changes proposed and establish if they were improvements. The findings show the major changes proposed include (i removing most of the distinctions between the treatment of residential and commercial contracts under the Act, (ii extending the scope of the Act to apply to contracts for certain professional services, (iii removing the distinction between enforcement of payment determinations and of those relating to rights and obligations, and (iv making the enforcement process more efficient. The findings also show that during a period of over two years from when the Bill was first introduced in January 2013, one other significant improvement for retentions to be held in trust was made. A few proposals to further refine the Bill such as the suggestion to mandate retentions to be kepts in a separate trust account were however not accepted. The Construction Contract Amendment Bill (Bill 97-3 was uninanimously passed during the third and final reading in Parliament on 20 October 2015 with most of the amendments coming into force on 1 December 2015, those incorporating professional services on 1 September 2016, and the retention provisions on 31 March 2017. Royal assent was given on 11 October 2015 leading to the enactment of the Construction Contracts Amendment Act 2015.

  16. Tackling the "so what" problem in scientific research: a systems-based approach to resource and publication tracking.

    Harris, Paul A; Kirby, Jacqueline; Swafford, Jonathan A; Edwards, Terri L; Zhang, Minhua; Yarbrough, Tonya R; Lane, Lynda D; Helmer, Tara; Bernard, Gordon R; Pulley, Jill M

    2015-08-01

    Peer-reviewed publications are one measure of scientific productivity. From a project, program, or institutional perspective, publication tracking provides the quantitative data necessary to guide the prudent stewardship of federal, foundation, and institutional investments by identifying the scientific return for the types of support provided. In this article, the authors describe the Vanderbilt Institute for Clinical and Translational Research's (VICTR's) development and implementation of a semiautomated process through which publications are automatically detected in PubMed and adjudicated using a "just-in-time" workflow by a known pool of researchers (from Vanderbilt University School of Medicine and Meharry Medical College) who receive support from Vanderbilt's Clinical and Translational Science Award. Since implementation, the authors have (1) seen a marked increase in the number of publications citing VICTR support, (2) captured at a more granular level the relationship between specific resources/services and scientific output, (3) increased awareness of VICTR's scientific portfolio, and (4) increased efficiency in complying with annual National Institutes of Health progress reports. They present the methodological framework and workflow, measures of impact for the first 30 months, and a set of practical lessons learned to inform others considering a systems-based approach for resource and publication tracking. They learned that contacting multiple authors from a single publication can increase the accuracy of the resource attribution process in the case of multidisciplinary scientific projects. They also found that combining positive (e.g., congratulatory e-mails) and negative (e.g., not allowing future resource requests until adjudication is complete) triggers can increase compliance with publication attribution requests. PMID:25901872

  17. WHEN DISCIPLINES COLLIDE: POLYGAMY AND THE SOCIAL SCIENCES ON TRIAL

    Jodi Lazare

    2016-03-01

    Full Text Available This article draws on the Supreme Court of British Columbia’s Reference re: Section 293 of the Criminal Code of Canada [the Polygamy Reference] as a concrete example of the benefits and limitations of intense judicial reliance on social science evidence in the adjudication of constitutional rights and freedoms at the trial level. By examining the evidence tendered, I suggest that the current adversarial model of adjudication is illsuited to combining the legal and the social scientific endeavours. The divergent values, methodologies and objectives of the legal and scientific enterprises severely limit the benefits that the former can yield, thus compromising the effectiveness and utility of the courts for social groups whose claims are heavily grounded in non-legal evidence. Further, I argue that the vast amounts of contradictory evidence typically tendered in rights challenges, as well as the complex and controversial nature of Charter questions and the inevitable need for judges to adjudicate values, risk resulting in undue deference to the legislator, hinder the delivery of justice and ultimately undermine the raison-d’être of Charter litigation.   Cet article concerne le renvoi porté devant la Cour suprême de la Colombie-Britannique au sujet de l’article 293 du Code criminel [Polygamy Reference – renvoi sur la polygamie], qui constitue un exemple concret des avantages et inconvénients de l’utilisation intensive des éléments de preuve relevant des sciences sociales dans la détermination des droits et libertés constitutionnels en première instance. En examinant les éléments de preuve présentés, j’affirme dans cet article que le modèle actuel de règlement des litiges, qui repose sur l’approche accusatoire, se prête mal à la combinaison des démarches juridiques et de celles qui relèvent des sciences sociales. Les valeurs, méthodologies et objectifs divergents des démarches juridiques et scientifiques

  18. Defending the Absurd: The Iconoclast's Guide to Section 47(1 of the Superior Courts Act 10 of 2013

    Haneen McCreath

    2014-12-01

    immunity which the section affords South African judges is a mechanism for sparing them the nuisance of having to deal with frivolous litigation, either as defendant or as adjudicator. Every specious suit against a judge, per definitionem, represents an incursion into judicial impartiality by urging that the court give credence to a claim which does not qualify for curial adjudication. In this regard, the doctrine of leave to sue seeks to ensure that judges do not have to adjudicate claims which resort beyond the compass of their judicial capacity. It is a doctrine which operates to protect and advance the unimpeachable principle of judicial impartiality.

  19. Validity of COPD diagnoses reported through nationwide health insurance systems in the People’s Republic of China

    Kurmi OP

    2016-03-01

    health insurance system. We randomly selected ~10% of the reported COPD cases and then undertook an independent adjudication of retrieved hospital medical records in 1,069 cases. Results: Overall, these 1,069 cases were accrued over a 9-year period (2004–2013 involving 153 hospitals across ten regions. A diagnosis of COPD was confirmed in 911 (85% cases, corresponding to a positive predictive value of 85% (95% confidence interval [CI]: 83%–87%, even though spirometry testing was not widely used (14% in routine hospital care. The positive predictive value for COPD did not vary significantly by hospital ranking or calendar period, but was higher in men than women (89% vs 79%, at age ≥70 years than in younger people (88%, 95% CI: 85%–91%, and when the cases were reported from both death registry and health insurance systems (97%, 95% CI: 94%–100%. Among the remaining cases, 87 (8.1% had other respiratory diseases (chiefly pneumonia and asthma; n=85 and 71 (6.6% cases showed no evidence of any respiratory disease on their clinical records. Conclusion: In the People’s Republic of China, COPD diagnoses obtained from electronic health records are of good quality and suitable for large population-based studies and do not warrant systematic adjudication of all the reported cases. Keywords: COPD, events adjudication, COPD exacerbations, spirometry

  20. Does Law no. 202/2010 Ensure the Acceleration of the Civil Matters’ Settlement?

    Alexandrina ZAHARIA

    2011-03-01

    Full Text Available In this paper we are trying to offer those practicing law a theoretical and practical approach of some dispositions in Law 202/ October 25, 2010 regarding some measures to accelerate the adjudication of matters, known as the Law on the Small Justice Reform, that amended and completed the Code of Civil Procedure. The law on accelerating justice was adopted only three months and 11 days after the New Code of Civil procedure was published. This law is important due to the content of some dispositions regarding certain institutions of civil procedural law, that have the role intended by the Romanian legislator, to accelerate the determination of matters, institutions that are not found in the New Code. The reform (change in the Romanian civil trials took into consideration the respect of some principles such as the access to justice, equality of the parties in civil lawsuits, the right to due and fair trial as well as the fact that any reform has to guarantee that the judicial system is efficient, answers the necessity of transparency and democracy. Still, the application of the new dispositions of civil procedure, beginning with Law no. 59/1993 and until the coming into force of law on accelerating the determination of matters, namely the past 17 years, the amendments brought to the Code of Civil procedure have not always been beneficial for the Romanian litigant by the fact that they determined different interpretations leading thus to a non unitary judicial practice even within the same institution. The present law is not safe either from critics that some theoreticians and practitioners of law have expressed, being interested in accomplishing the purpose the Romanian legislator has set in that law. In this paper, the authors aim at analyzing the impact of the abovementioned law, regarding the material competence of the tribunal in trials and the requests regarding claims with the object of payment up to 2000 lei; adjudicating the objection to