WorldWideScience

Sample records for adjudication

  1. Adjudicating outcomes: fundamentals.

    Science.gov (United States)

    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. 32 CFR 147.2 - Adjudicative process.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Adjudicative process. 147.2 Section 147.2... Adjudicative process. (a) The adjudicative process is an examination of a sufficient period of a person's life... security guidelines. The adjudicative process is the careful weighing of a number of variables known as...

  3. 16 CFR 3.2 - Nature of adjudicative proceedings.

    Science.gov (United States)

    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. 49 CFR 511.2 - Nature of adjudicative proceedings.

    Science.gov (United States)

    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...

  5. 32 CFR 732.20 - Adjudication authorities.

    Science.gov (United States)

    2010-07-01

    ... through the adjudication authority chain of command (In instances of unusual or controversial denial of claims, the adjudication authority may forward claims to COMNAVMEDCOM on appeal, via the chain of command... payment. Commanders of geographic naval medical commands must communicate with all activities in...

  6. 29 CFR 18.201 - Official notice of adjudicative facts.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Official notice of adjudicative facts. 18.201 Section 18.201... of adjudicative facts. (a) Scope of rule. This rule governs only official notice of adjudicative facts. (b) Kinds of facts. An officially noticed fact must be one not subject to reasonable dispute...

  7. 16 CFR 1025.2 - Nature of adjudicative proceedings.

    Science.gov (United States)

    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...

  8. 24 CFR 100.147 - Adjudication.

    Science.gov (United States)

    2010-04-01

    ... DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT Discrimination in Residential Real Estate-Related Transactions... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Adjudication. 100.147 Section 100.147 Housing and Urban Development Regulations Relating to Housing and Urban Development OFFICE...

  9. Rethinking Adjudication under the European Convention

    NARCIS (Netherlands)

    C.M. Zoethout

    2012-01-01

    This chapter comments on the Lautsi judgements as a prelude to the core problem the case reveals. In the author views, the Lautsi case demonstrate that it is time for the Court to develop a new mode of adjudication-a form of review which makes it possible to act as a countermajoritarian institution

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

    Science.gov (United States)

    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.

  11. Methodology problems in international economic law and adjudication

    OpenAIRE

    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...

  12. A unifying framework for the problem of adjudicating conflicting claims

    DEFF Research Database (Denmark)

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

    2012-01-01

    In a recent paper, Thomson and Yeh [Thomson, W., Yeh, C.-H., 2008. Operators for the adjudication of conflicting claims. Journal of Economic Theory 143, 177–198] introduced the concept of operators on the space of rules for the problem of adjudicating conflicting claims. They focused on three...... operators in order to uncover the structure of such a space. In this paper, we generalize their analysis upon presenting and studying a general family of operators inspired by three apparently unrelated approaches to the problem of adjudicating conflicting claims. We study the structural properties...

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

    DEFF Research Database (Denmark)

    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 uncover...... the structure of such a space. In this paper, we generalize their analysis upon presenting and studying a general family of operators inspired by three apparently unrelated approaches to the problem of adjudicating conflicting claims. We study the structural properties of this family and show, in particular...

  14. The Function of Procedural Justice in International Adjudication

    OpenAIRE

    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...

  15. Culture (and religion in constitutional adjudication

    Directory of Open Access Journals (Sweden)

    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.

  16. The Effect of Selected Nonmusical Factors on Adjudicators' Ratings of High School Solo Vocal Performances

    Science.gov (United States)

    Howard, Sandra A.

    2012-01-01

    The purpose of this study was to examine the effect of differentiated performance attire and stage deportment on adjudicators' ratings of high school solo vocal performances. High school choral students (n = 153) and undergraduate (n = 97) and graduate music majors (n = 32) served as adjudicators (N = 282). Adjudicators rated recorded solo vocal…

  17. 38 CFR 3.161 - Expedited Claims Adjudication Initiative-Pilot Program.

    Science.gov (United States)

    2010-07-01

    ... Adjudication Initiative-Pilot Program. 3.161 Section 3.161 Pensions, Bonuses, and Veterans' Relief DEPARTMENT... Claims § 3.161 Expedited Claims Adjudication Initiative—Pilot Program. Rules pertaining to the Expedited Claims Adjudication Initiative Pilot Program are set forth in part 20, subpart P, of this...

  18. Delinquent Histories of Adolescents Adjudicated for Criminal Sexual Conduct

    Science.gov (United States)

    Way, Ineke; Urbaniak, Danielle

    2008-01-01

    A content analysis of closed case records from family court examined personal and family history variables for adolescents with sexually abusive behaviors who had been adjudicated for criminal sexual conduct and compared sub-groups of adolescents with (n = 72) and without (n = 80) prior other delinquent behavior. The study's findings indicate that…

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

    Directory of Open Access Journals (Sweden)

    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.

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

    OpenAIRE

    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...

  1. Adjudication accessibility of the solar energy with GIS tools

    International Nuclear Information System (INIS)

    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)

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

    OpenAIRE

    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...

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

    NARCIS (Netherlands)

    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

  4. Good interobserver agreement was attainable on outcome adjudication in patients with stable coronary heart disease

    DEFF Research Database (Denmark)

    Kjoller, Erik; Hilden, Jørgen; Winkel, Per;

    2012-01-01

    In clinical trials, agreement on outcomes is of utmost importance for valid estimation of intervention effects. As there is limited knowledge about adjudicator agreement in cardiology, we examined the level of agreement among three cardiology specialists adjudicating all possible events in a rand...... in a randomized controlled clinical trial of patients with stable coronary heart disease....

  5. Adjudication of Fibromyalgia Syndrome: Challenges in the Medicolegal Arena

    Directory of Open Access Journals (Sweden)

    Mary-Ann Fitzcharles

    2014-01-01

    Full Text Available The medicolegal challenges surrounding fibromyalgia (FM arise from the subjectivity of symptoms, causal attribution and reported symptoms sufficiently severe to cause disablement. In the present article, the authors have endeavoured to provide clarification of some current issues by referencing the current literature, including the 2012 Canadian Fibromyalgia Guidelines. While FM is accepted as a valid condition, its diagnosis is vulnerable to misuse due to the subjectivity of symptoms. Without a defining cause, a physical or psychological event may be alleged to trigger FM, but adjudication of causation must be prudent. Although some individuals may experience severe symptoms, the prevalent societal concept of disablement due to FM must be tempered with the knowledge that working contributes to psychosocial wellbeing. Evidence provided in the present report may assist the courts in reaching decisions concerning FM.

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

  8. The role of PTSD in adjudicating violent crimes.

    Science.gov (United States)

    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

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

    OpenAIRE

    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...

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

    Energy Technology Data Exchange (ETDEWEB)

    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

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

    International Nuclear Information System (INIS)

    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

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

    Science.gov (United States)

    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…

  13. 20 CFR 416.806 - Expedited adjudication based on documentary evidence of age.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Expedited adjudication based on documentary evidence of age. 416.806 Section 416.806 Employees' Benefits SOCIAL SECURITY ADMINISTRATION SUPPLEMENTAL... based on documentary evidence of age. Where documentary evidence of age recorded at least 3 years...

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

    Science.gov (United States)

    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…

  15. 28 CFR 42.2 - Designation of Director of Equal Employment Opportunity and Complaint Adjudication Officer.

    Science.gov (United States)

    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...

  16. An Adlerian Model for the Etiology of Aggression in Adjudicated Adolescents.

    Science.gov (United States)

    Smith, Sandy; Mullis, Fran; Kern, Roy M.; Brack, Greg

    1999-01-01

    Investigates perceived parental rejection, family cohesion and adaptability, and levels of trait anger and anxiety in adolescents and their relationship to the etiology of aggression in adolescents who have been adjudicated for assaultive crimes. Study supports Adler's aggression theory, which established that aggression might begin with feelings…

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

    Science.gov (United States)

    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…

  18. 8 CFR 204.313 - Filing and adjudication of a Form I-800.

    Science.gov (United States)

    2010-01-01

    ... service provider's plan for post-placement duties, as specified in 22 CFR 96.50; and (5) If the child may... has given the notice contemplated by article 5(c) of the Convention, shall constitute prima facie... jurisdiction under 8 CFR 204.308(b) to adjudicate the Form I-800, together with the evidence specified in...

  19. 78 FR 24669 - Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner...

    Science.gov (United States)

    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...

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

    Science.gov (United States)

    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…

  1. 75 FR 30690 - Civil Penalty Inflation Adjustment for Commercial Space Adjudications

    Science.gov (United States)

    2010-06-02

    ... Commercial Space Adjudications AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This final rule brings Federal Aviation Administration commercial space transportation regulations into... penalty contained in 14 CFR part 406 authorized for violations of the Commercial Space Launch Act of...

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

    Science.gov (United States)

    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…

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

    Science.gov (United States)

    Robbins, Reuben N; Bryan, Angela

    2004-07-01

    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. Individuals with more positive future orientation were less likely to use marijuana, hard drugs, alcohol during sex, had fewer alcohol problems, had lower levels of alcohol frequency and quantity of use, and perceived greater risks associated with such behaviors. Higher impulsivity reliably predicted alcohol problems, alcohol use, condom use, and cigarette smoking. PMID:16429605

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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. 

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

    OpenAIRE

    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...

  10. The impact of juveniles' ages and levels of psychosocial maturity on judges' opinions about adjudicative competence.

    Science.gov (United States)

    Cox, Jennifer Mayer; Goldstein, Naomi E S; Dolores, John; Zelechoski, Amanda D; Messenheimer, Sharon

    2012-02-01

    This study investigated whether defendants' ages and levels of psychosocial maturity would affect judges' ratings of juveniles' adjudicative competence in juvenile and criminal court. Three hundred forty two judges reviewed a forensic psychological report about a hypothetical defendant; only the defendant's age (12-17) and maturity level (mature, immature) varied across reports. Results revealed a main effect of age, with older juveniles generally deemed more competent, and a main effect of maturity, with mature juveniles generally deemed more competent. No interaction was found. Results suggest that age and maturity play major roles in judicial determinations of juvenile competency.

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

    Science.gov (United States)

    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

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

    Science.gov (United States)

    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.

  13. Forensic Psychology in Disability Adjudication: A Decade of Experience. Vocational Experts in the Bureau of Hearings and Appeals.

    Science.gov (United States)

    Hannings, Robert B., Ed.; And Others

    The monograph has been arranged to offer the reader maximum insight into not only the role of the Vocational Expert, but his role when viewed as one factor interdependent with several others in the total context of the adjudicative process of the Social Security disability program. Emphasis is given to its genesis and evaluation, emphasizing the…

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

    Science.gov (United States)

    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

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

    DEFF Research Database (Denmark)

    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...

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

    Science.gov (United States)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

  18. Evaluation of the adjudicated incest cases in Turkey: difficulties in notification of incestuous relationships.

    Science.gov (United States)

    Gunduz, Tarık; Karbeyaz, Kenan; Ayranci, Unal

    2011-03-01

    The aim of this study was to determine the prevalence and evaluation of the adjudicated incest cases in the heavy penal court in a province of western Turkey. The court files of 65 incest cases during a 10-year period between 1999 and 2008 were explored. When compared to those who lived in cities, the cases who lived in rural areas, such as villages or towns, had been exposed to penetration more frequently (94.3% and 70.0%, respectively, p<0.01). For the cases where the victim and perpetrator lived in the same house, the accused were generally members of the nuclear family (p<0.001). When compared to those who had not been exposed to penetration, most of those who had been exposed to it were determined to apply later (after 10 days) to judicial institutions (77.8%, p<0.01). The education and awareness of persons, such as teachers and physicians, who may confront incestuous relationships rather frequently are very important in the protection of children and in their adaptation to society.

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

    OpenAIRE

    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...

  20. Adjudicated morbidity and mortality outcomes by age among individuals with HIV infection on suppressive antiretroviral therapy.

    Directory of Open Access Journals (Sweden)

    Christopher J Miller

    Full Text Available 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 Review Committee in two large international trials. Rates of serious non-AIDS which include cardiovascular disease, end-stage renal disease, decompensated liver disease, and non-AIDS cancer, and other serious (grade 4 adverse events were determined, overall and by age, over a median follow-up of 4.3 years for 3,570 participants with CD4+ cell count ≥300 cells/mm³ who were taking antiretroviral therapy and had an HIV RNA level ≤500 copies/mL. Cox models were used to examine the effect of age and other baseline factors on risk of a composite outcome of all-cause mortality, AIDS, or serious non-AIDS. RESULTS: Five-year Kaplan-Meier estimates of the composite outcome, overall and by age were 8.3% (overall, 3.6% (<40, 8.7% (40-49 and 16.1% (≥50, respectively (p<0.001. In addition to age, smoking and higher levels of interleukin-6 and D-dimer were significant predictors of the composite outcome. The composite outcome was dominated by serious non-AIDS events (overall 65% of 277 participants with a composite event. Most serious non-AIDS events were due to cardiovascular disease and non-AIDS cancers. CONCLUSIONS: To date, few large studies have carefully collected data on serious non-AIDS outcomes. Thus, reliable estimates of event rates are scarce. Data cited here, from a geographically diverse cohort, will be useful for planning studies of interventions aimed at reducing rates of serious non-AIDS events among people with HIV.

  1. Victim age-based subtypes of juveniles adjudicated for sexual offenses: comparisons across domains in an outpatient sample.

    Science.gov (United States)

    Fanniff, Amanda M; Kolko, David J

    2012-06-01

    Adolescents adjudicated for sexual offenses are a heterogeneous group. The identification of more homogeneous subgroups of offenders may enable improved treatment, as the specific risks and needs presented by each group could be more effectively targeted. The current study examines three subgroups derived based on the age of victim(s), a popular method of subtyping that has mixed empirical support, using a sample of 176 males adjudicated for a sexual offense and court-ordered to participate in a community-based collaborative intervention program that integrates treatment and probationary services. Differences expected between groups based on theories regarding victim-age based subtypes are examined, in addition to differences consistently identified in prior research. Results indicate that these three subgroups are more similar than different, although some expected differences were found. Juveniles with child victims were more likely to have male victims and biologically related victims. Juveniles with peer/adult victims were more likely to have poor monitoring by their parents and more likely to have been arrested again. Juveniles with mixed types of victims appeared similar to juveniles with child victims on some variables and similar to those with peer/adult victims on others. Treatment implications and future directions for research are discussed. Typologies based on clinical characteristics of the youth rather than offense characteristics may have more promise for identifying meaningful subgroups.

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

    Science.gov (United States)

    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

  3. 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

    Institute of Scientific and Technical Information of China (English)

    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

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

    Science.gov (United States)

    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

  5. 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

    Institute of Scientific and Technical Information of China (English)

    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.

  6. Teaching adolescents and adults about adjudicative proceedings: a comparison of pre- and post-teaching scores on the MacCAT-CA.

    Science.gov (United States)

    Viljoen, Jodi L; Odgers, Candice; Grisso, Thomas; Tillbrook, Chad

    2007-10-01

    The current study investigated whether teaching was associated with improved legal understanding among adolescents and adults. Participants included 927 youth and 466 young adults, who completed the MacArthur Competence Assessment Tool-Criminal Adjudication, the Massachusetts Youth Screening Instrument-Second Version, and the Wechsler Abbreviated Scale of Intelligence. Adolescents aged 13 and younger were less likely than older individuals to improve with teaching. IQ score was positively associated with improvements following teaching, and individuals from ethnic minority groups showed greater improvements following teaching than non-Hispanic Caucasians. The implications of these findings are discussed.

  7. 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

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

  10. Cardiovascular safety with linagliptin in patients with type 2 diabetes mellitus: a pre-specified, prospective, and adjudicated meta-analysis of a phase 3 programme

    Directory of Open Access Journals (Sweden)

    Johansen Odd

    2012-01-01

    Full Text Available Abstract Background This study investigated the cardiovascular (CV safety profile of the dipeptidyl peptidase (DPP-4 inhibitor linagliptin versus comparator treatments. Methods This was a pre-specified meta-analysis of CV events in linagliptin or comparator-treated patients with type 2 diabetes mellitus (T2DM from eight Phase 3 studies. All suspected CV events were prospectively adjudicated by a blinded independent expert committee. The primary endpoint was a composite of CV death, stroke, myocardial infarction, and hospitalization for unstable angina. Three secondary composite endpoints derived from the adjudicated CV events were also pre-specified. Risk estimates were calculated using several statistical methods including Cox regression analysis. Results Of 5239 treated patients (mean ± SD HbA1c 65 ± 10 mmol/mol [8.0 ± 0.9%], age 58 ± 10 years, BMI 29 ± 5 kg/m2, 3319 received linagliptin once daily (5 mg, 3159; 10 mg, 160 and 1920 received comparators (placebo, 977; glimepiride 1-4 mg, 781; voglibose 0.6 mg, 162. Cumulative exposure (patient-years was 2060 for linagliptin and 1372 for comparators. Primary CV events occurred in 11 (0.3% patients receiving linagliptin and 23 (1.2% receiving comparators. The hazard ratio (HR for the primary endpoint showed significantly lower risk with linagliptin than comparators (HR 0.34 [95% confidence interval (CI 0.16-0.70] as did estimates for all secondary endpoints (HR ranging from 0.34 to 0.55 [all upper 95% CIs Conclusions These results from a large Phase 3 programme support the hypothesis that linagliptin may have CV benefits in patients with T2DM.

  11. 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

    Institute of Scientific and Technical Information of China (English)

    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。

  12. Lord Denning: Towards a theory of adjudication. An examination of the judicial decision making process of Lord Denning and his creation and use of the interstitial spaces within the law and legal process to assist in the exercise of his discretion and an examination of those factors which influenced that discretion.

    OpenAIRE

    Curley, Sean

    2016-01-01

    This is an investigation into the methods and techniques used by Lord Denning in pursuit of his notion of doing justice to the case in front of him. The thesis examines Denning’s upbringing and biography to attempt to identify incidents and influences on his character which may have shown themselves in his later judicial career. The thesis then examines his judicial style and philosophy to attempt to isolate a theory of adjudication which accounts for some of his decisions. The theor...

  13. 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

    Institute of Scientific and Technical Information of China (English)

    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.

  14. 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

    Directory of Open Access Journals (Sweden)

    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.

  15. A New Research on the Judicial Relief System of Administrative Adjudication ——Consideration of Civil Incidental Administrative Litigation%行政裁决诉讼救济制度新探——关于构建民事附带行政诉讼的思考

    Institute of Scientific and Technical Information of China (English)

    尹少成; 孙峰

    2012-01-01

    Administrative adjudication,as an important mean in the chain of relief,needs relief for itself as well,especially the security of judicial relief.The judicial relief of administrative adjudication has experienced civil procedure,judicial review and civil incidental administrative litigation in our country,but there are still insuperable barriers on different paths.Learning from Japan's litigant to take a legal action,also exists obstacle in theory and conception.Therefore,in order to develop administrative adjudication,it is necessary to establish a new type of judicial relief path,namely,civil incidental administrative litigation.%行政裁决作为救济链条上的一个环节,本身也需要救济,特别是诉讼救济的保障。我国关于行政裁决诉讼救济经历了民事诉讼、行政诉讼、行政附带民事诉讼三条不同的诉讼路径,但不同路径仍然存在难以逾越的障碍。借鉴日本当事人诉讼的思路,也存在理论上和观念上的障碍。因而,从有利于行政裁决制度发展的角度出发,有必要建立一种新型的诉讼救济路径,即民事附带行政诉讼。

  16. Ethics Education and Adjudication within Psychology.

    Science.gov (United States)

    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)

  17. Immigration adjudication reform: the case for automation

    OpenAIRE

    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...

  18. Cases of Trademark Examination Review and Adjudication

    Institute of Scientific and Technical Information of China (English)

    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".

  19. 20 CFR 320.6 - Adjudicating office.

    Science.gov (United States)

    2010-04-01

    ... Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH... section 4(a-2)(iii) of the Railroad Unemployment Insurance Act if the claimant's unemployment results...

  20. Disability Case Adjudication and Review System

    Data.gov (United States)

    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....

  1. 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

    Institute of Scientific and Technical Information of China (English)

    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

  2. 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

    Institute of Scientific and Technical Information of China (English)

    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。

  3. 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

    Institute of Scientific and Technical Information of China (English)

    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.

  4. 试论旅游业经营如何规避法律风险——全面解读最高法院关于旅游纠纷的最新司法解释%On how to evade the legal risks in the tourism operations --Comprehensive reading of some regulations of issues concerning the adjudication of tourism disputes

    Institute of Scientific and Technical Information of China (English)

    谢山

    2011-01-01

    Some regulations of issues concerning the adjudication of tourism disputes by the Supreme People' s Court come into force on Nov. 1, 2010. This judicial interpretation comprehensively distinguishes their own legal responsibilities from the tour operators, tourism auxiliary service provider and tourists, for the breach of travel contracts or tort. It embodies the focus of protecting tourists rights, reiterates relevant regulations of the Consumer Protection Law; meanwhile, it decreases obligations and responsibilities of the tour operators , protects the legitimate rights and interests of the tourism industry; in addition, it clears the relevant responsible problems in the tourism operation activities. In order to effectively evade legal risks, it has great realistic meaning for the tourism management to fully comprehend and employ this explanation.%最高人民法院《关于审理旅游纠纷案件适用法律若干问题的规定》于2010年11月1日起开始施行。该解释全方位界定了旅游经营者、旅游辅助服务者与旅游者之间,因旅游合同的违约或者侵权行为引起的索赔诉讼中各方当事人的法律责任。它充分体现了着重保护旅游者权益的倾向和特点,重申了《消费者权益保护法》的相关规定;同时也平衡限定了旅游业者一方的义务和责任,保护了旅游业者的正当权益;明确了旅游经营活动中有关责任问题。全面正确理解和适用该解释,可以有效规避旅游业经营法律风险。

  5. Adventure Therapy and Adjudicated Youth. AEE White Papers

    Science.gov (United States)

    Association for Experiential Education (NJ1), 2011

    2011-01-01

    The most recent figures place the number of juvenile arrests in the United States at 2.11 million. (OJJDP, 2009). In some states, children as young as 10 years old are incarcerated for violent offenses. Crowded juvenile facilities are often unable to meet the needs of these large numbers of youth. The cost to treat offenders within long-term…

  6. The Elusive Search for Accountability: Evaluating Adjudicative Tribunals

    Directory of Open Access Journals (Sweden)

    Lorne Sossin

    2010-10-01

    Quoique les gouvernements demandent de plus en plus à de tels tribunaux de rendre compte, trop souvent, ceci se réduit à la publication de statistiques sur le nombre de cas traités, leurs dispositions, les budgets et le personnel. Une question différente et plus fondamentale nous intéresse – ces tribunaux réussissent-ils? Comment savons-nous, par exemple, si les recours ordonnés par un tribunal font en fait avancer les objectifs pour lesquels il a été créé? Le succès d’un tribunal qui tranche des litiges peut-il faire l’objet de validation empirique signifiante? Quoique les questions d’évaluation et du devoir de rendre compte traversent des frontières entre nations et champs de compétence, les auteurs soutiennent que ce genre de question ne peut être traité qu’empiriquement, en examinant en fait les pratiques d’un conseil ou de conseils particuliers, dans le contexte d’une loi ou de lois particulières et dans des sphères de compétence particulières à des moments particuliers. De tels comptes rendus peuvent et devraient constituer la base d’étude comparative. Seule l’étude comparative peut faire ressortir la valeur et les limites d’une méthodologie particulière. L’étude de cas choisie pour la présente étude est le rôle de tribunaux qui tranchent des litiges dans le système de santé. Les auteurs puisent surtout dans l’expérience de tribunaux canadiens, quoique des exemples tirés d’autres territoires de compétence soient utilisés pour démontrer le potentiel de l’évaluation empirique. Les auteurs discutent de la pénurie relative d’étude empirique dans le domaine du droit administratif et soutiennent que là devrait être le point central de la discussion du devoir de rendre compte dans le domaine de la justice administrative.

  7. 12 CFR 1705.26 - Decision of the adjudicative officer.

    Science.gov (United States)

    2010-01-01

    ... acted in bad faith, or whether special circumstances would make the award unjust. (e) In decisions on... conclusions as to whether the applicant is a prevailing party and whether the position of OFHEO...

  8. Adjudicating non-knowledge in the Omnibus Autism Proceedings.

    Science.gov (United States)

    Decoteau, Claire Laurier; Underman, Kelly

    2015-08-01

    After 5600 families of children diagnosed with autism filed claims with the National Vaccine Injury Compensation Program in the United States, the court selected 'test' cases consolidated into the Omnibus Autism Proceedings, held from 2007 to 2008, to examine claims that vaccines caused the development of autism. The court found all of the causation theories presented to be untenable and did not award damages to any parents. We analyze the Omnibus Autism Proceedings as a struggle within the scientific field between the scientific orthodoxy of the respondents and the heterodox position taken by the plaintiffs, suggesting that the ruling in these cases helped to shore up hegemony on autism causation. Drawing on the literature on non-knowledge, we suggest that only the respondents had enough scientific capital to strategically direct non-knowledge toward genetic research, thereby foreclosing the possibility of environmental causation of autism. The plaintiffs, who promote a non-standard ontology of autism, suggest that the science on autism remains undone and should not be circumscribed. In analyzing the Omnibus Autism Proceedings with field theory, we highlight the way in which scientific consensus-building and the setting of research agendas are the result of struggle, and we show that the strategic deployment of non-knowledge becomes a major stake in battles for scientific legitimacy and the settling of scientific controversies.

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

    OpenAIRE

    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...

  10. Cases of Trademark Examination and Review/Adjudication

    Institute of Scientific and Technical Information of China (English)

    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".

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

    Science.gov (United States)

    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;…

  12. 77 FR 60952 - Rules of General Application, Adjudication, and Enforcement

    Science.gov (United States)

    2012-10-05

    ... have arisen about the scope of discovery in Commission proceedings under section 337 of the Tariff Act... 13132 (64 FR 43255, Aug. 4, 1999). No actions are necessary under the Unfunded Mandates Reform Act of... Paperwork Reduction Act (44 U.S.C. 3504(h)). Part 210 Subpart E--Discovery and Compulsory Process...

  13. 14 CFR 406.127 - Complaint and answer in civil penalty adjudications.

    Science.gov (United States)

    2010-01-01

    ... the complaint with the Federal Docket Management System, or may file a written motion pursuant to 406... Management System and serve a copy of the answer on the agency attorney who filed the complaint. (4) Contents... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Complaint and answer in civil...

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

    Science.gov (United States)

    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

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

    NARCIS (Netherlands)

    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

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

    Science.gov (United States)

    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

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

    International Nuclear Information System (INIS)

    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)

  18. Adjudication and Justification: To What Extent Should the Exluded Be Included in the Judge's Decision

    NARCIS (Netherlands)

    Klink, van B.M.J.

    2016-01-01

    As follows from the Rule of Law, the judge has to justify herdecision. In contemporary legal and social theory, it is arguedthat she should somehow give recognition to arguments andviewpoints that have been excluded from the final decision. Inmy paper, I will address the question why, to what extent

  19. 76 FR 12315 - Committees on Collaborative Governance, Regulation, Rulemaking, Judicial Review, and Adjudication

    Science.gov (United States)

    2011-03-07

    ..., March 25, 2011, from 9 a.m. to 12 noon. Designated Federal Officer: Emily F. Schleicher. Committee on.... Schleicher and Jonathan R. Siegel. Date: Monday, March 28, 2011, from 2 p.m. to 5 p.m. Designated...

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

    Science.gov (United States)

    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

  1. First experiences with a high-resolution imagery-based adjudication approach in Ethiopia

    NARCIS (Netherlands)

    Lemmen, C.H.J.; Zevenbergen, J.A.

    2010-01-01

    Great progress has been made with rural land certification in Ethiopia. This process, however, has been mainly confined to the first phase certificates – those without a georeference. In 2008, a team conducted a simple field test using high resolution imagery. On-site tests were performed to determi

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

    Institute of Scientific and Technical Information of China (English)

    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...

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

    International Nuclear Information System (INIS)

    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. Adjudication of the Alleged Role of Vitamin D in the Antimicrobial Pathway

    Directory of Open Access Journals (Sweden)

    Gerald M. Higa

    2012-01-01

    Full Text Available Dynamic interactions between microorganism and host have evolved in such a way that while microbial pathogens are the cause of many human infections, a symbiotic relationship is also known to exist. Another important anomaly is that exposure to pathogenic organisms does not necessarily result in development of clinical disease. The latter conclusion infers that susceptibility to infectious disease can be modified by host-related factors. Arguably the two most prominent factors are genetic variability and immunologic status of the exposed individual. Because of the Human Genome and the HapMap projects, developments in genotyping technology have brought the possibility of identifying associations between specific genetic alterations and common diseases closer to reality. In addition, a growing body of evidence suggests vitamin D has an important contributory role in the antimicrobial pathway.

  5. 77 FR 2011 - Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner...

    Science.gov (United States)

    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)......

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

    Science.gov (United States)

    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…

  7. Algorithms for the Capture and Adjudication of Prevalent and Incident Diabetes in UK Biobank

    Science.gov (United States)

    Eastwood, Sophie V; Mathur, Rohini; Atkinson, Mark; Brophy, Sinead; Sudlow, Cathie; Flaig, Robin; de Lusignan, Simon; Allen, Naomi

    2016-01-01

    Objectives UK Biobank is a UK-wide cohort of 502,655 people aged 40–69, recruited from National Health Service registrants between 2006–10, with healthcare data linkage. Type 2 diabetes is a key exposure and outcome. We developed algorithms to define prevalent and incident diabetes for UK Biobank. The algorithms will be implemented by UK Biobank and their results made available to researchers on request. Methods We used UK Biobank self-reported medical history and medication to assign prevalent diabetes and type, and tested this against linked primary and secondary care data in Welsh UK Biobank participants. Additionally, we derived and tested algorithms for incident diabetes using linked primary and secondary care data in the English Clinical Practice Research Datalink, and ran these on secondary care data in UK Biobank. Results and Significance For prevalent diabetes, 0.001% and 0.002% of people classified as “diabetes unlikely” in UK Biobank had evidence of diabetes in their primary or secondary care record respectively. Of those classified as “probable” type 2 diabetes, 75% and 96% had specific type 2 diabetes codes in their primary and secondary care records. For incidence, 95% of people with the type 2 diabetes-specific C10F Read code in primary care had corroborative evidence of diabetes from medications, blood testing or diabetes specific process of care codes. Only 41% of people identified with type 2 diabetes in primary care had secondary care evidence of type 2 diabetes. In contrast, of incident cases using ICD-10 type 2 diabetes specific codes in secondary care, 77% had corroborative evidence of diabetes in primary care. We suggest our definition of prevalent diabetes from UK Biobank baseline data has external validity, and recommend that specific primary care Read codes should be used for incident diabetes to ensure precision. Secondary care data should be used for incident diabetes with caution, as around half of all cases are missed, and a quarter have no corroborative evidence of diabetes in primary care. PMID:27631769

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

    OpenAIRE

    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...

  9. 32 CFR Appendix H to Part 154 - Adjudicative Guidelines for Determining Eligibility for Access to Classified Information

    Science.gov (United States)

    2010-07-01

    ... the individual or organization and severed ties upon learning of these; (b) The individual's... abuse, alcoholism, gambling problems, or other issues of security concern; (g) Failure to file annual...-related incidents away from work, such as driving while under the influence, fighting, child or...

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

    Directory of Open Access Journals (Sweden)

    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.

  11. Judicial Review of Eurozone Law: The Adjudication of Postnational Norms in EU Courts, Plural. A Casestudy of the European Stability Mechanism

    NARCIS (Netherlands)

    E. Fahey; S Bardutsky

    2013-01-01

    The European Stability Mechanism (ESM) is the latest in a series of EU financial crisis legal resolution measures through binding EU law. Various aspects of Euro-zone decision-making take place in the margins of the EU Treaties or are not strictly provided for (Snyder, 2010). The legal form of the E

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

    Science.gov (United States)

    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…

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

    OpenAIRE

    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...

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

    Institute of Scientific and Technical Information of China (English)

    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.

  15. Does science speak clearly and fairly in trade and food safety disputes? The search for an optimal response of WTO adjudication to problematic international standard-making.

    Science.gov (United States)

    Ni, Kuei-Jung

    2013-01-01

    Most international health-related standards are voluntary per se. However, the incorporation of international standard-making into WTO agreements like the SPS Agreement has drastically changed the status and effectiveness of the standards. WTO members are urged to follow international standards, even when not required to comply fully with them. Indeed, such standards have attained great influence in the trade system. Yet evidence shows that the credibility of the allegedly scientific approach of these international standard-setting institutions, especially the Codex Alimentarius Commission (Codex) governing food safety standards, has been eroded and diluted by industrial and political influences. Its decision-making is no longer based on consensus, but voting. The adoption of new safety limits for the veterinary drug ractopamine in 2012, by a very close vote, is simply another instance of the problematic operations of the Codex. These dynamics have led skeptics to question the legitimacy of the standard setting body and to propose solutions to rectify the situation. Prior WTO rulings have yet to pay attention to the defect in the decision-making processes of the Codex. Nevertheless, the recent Appellate Body decision on Hormones II is indicative of a deferential approach to national measures that are distinct from Codex formulas. The ruling also rejects the reliance on those experts who authored the Codex standards to assess new measures of the European Community. This approach provides an opportunity to contemplate what the proper relationship between the WTO and Codex ought to be. Through a critical review of WTO rulings and academic proposals, this article aims to analyze how the WTO ought to define such interactions and respond to the politicized standard-making process in an optimal manner. This article argues that building a more systematic approach and normative basis for WTO judicial review of standard-setting decisions and the selection of technical experts would be instrumental to strengthening the mutual supports between the WTO and international standard-setting organizations, and may help avoid the introduction of a prejudice toward a justified science finding.

  16. 10 CFR Appendix B to Subpart A of... - Adjudicative Guidelines Approved by the President in Accordance With the Provisions of Executive...

    Science.gov (United States)

    2010-01-01

    ..., mental, and personality disorders; (10) Guideline J: Criminal Conduct; (11) Guideline K: Security... emotional, mental, and personality disorders (Guideline I) in determining how to resolve the security.... Guideline I: Emotional, Mental, and Personality Disorders 27. The Concern. Emotional, mental,...

  17. 从“动脉支架案”看美国如何驾驭“逻辑型专利”*--玩不转“逻辑型专利”的知识产权战略会否走进死胡同?%From "Stent Cases" to Analyze the United States Manage the "Logical Patents"--Could Intellectual Property Strategy will Dead end Which Can not Handle "Logical Patent"?

    Institute of Scientific and Technical Information of China (English)

    本刊知识产权战略研究课题组

    2016-01-01

    Infringement adjudication,compensation adjudication and patent of adjudication of "Logical" patent as well as adjudication of "Interpretation of patent claims." are conifgured to judge. Whether this system would intensify social contradictions. We can throw some thoughts from the United States "stent" Case.

  18. 6 CFR 27.315 - Presiding officers for proceedings.

    Science.gov (United States)

    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...

  19. 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).

    Science.gov (United States)

    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.

  20. "相对合理"--民事检察监督与法院审判监督关系之协调%"Relative Rationalization"--Completing the Relationship of the Civil Prosecutorial Supervision and Court Adjudication Supervision

    Institute of Scientific and Technical Information of China (English)

    刘志华

    2004-01-01

    在民事诉讼中,法院监督和检察监督是并行不悖的,在我国目前的司法条件下,只有本着"相对合理"的宗旨,将现有的民事检察监督与民事审判的法院监督有机整合,才能真正建立符合我国国情的民事诉讼监督体系.

  1. Conditions of contract for construction for building and engineering works designed by the employer : general conditions : guidance for the preparation of particular conditions forms of letter of tender, contract agreement and dispute adjudication agreement

    CERN Document Server

    1999-01-01

    Conditions of Contract for Construction, which are recommended for building or engineering works designed by the Employer or by his representative, the Engineer. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer. However, the works may include some elements of Contractor-designed civil, mechanical, electrical and/or construction works.

  2. 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

    Directory of Open Access Journals (Sweden)

    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.”

  3. A neo-Aristotelian notion of reciprocity: about civic friendship and (the troublesome character of) right judicial decisions

    NARCIS (Netherlands)

    I. van Domselaar

    2011-01-01

    This chapter argues that a neo-Aristotelian approach can play a valuable role in accounting for reciprocity in adjudication. It can solve the central flaws that an "adjudication as applied moral theory" approach faces. In addition, the author asserts that a neo-Aristotelian approach to adjudication

  4. Anatomy of a Cancer Treatment Scam

    Medline Plus

    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 ...

  5. 8 CFR 103.1 - Delegations of authority; designation of immigration officers.

    Science.gov (United States)

    2010-01-01

    .... Any customs officer, as defined in 19 CFR 24.16, is hereby authorized to exercise the powers and..., contact representative, legalization adjudicator, legalization officer, legalization assistant,...

  6. Security Clearance Tracking System

    Data.gov (United States)

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

  7. 77 FR 37089 - Notice of Meeting of the Occupational Information Development Advisory Panel

    Science.gov (United States)

    2012-06-20

    ... the scientific community in the review of research and development activities, as well as issues... to disability adjudication; (2) Internal staff trained and experienced in the scientific design and research, and also in disability adjudication application, must work together in this process; (3)...

  8. 29 CFR 18.101 - Scope.

    Science.gov (United States)

    2010-07-01

    ... ADMINISTRATIVE LAW JUDGES Rules of Evidence § 18.101 Scope. These rules govern formal adversarial adjudications... rules as the judge, means an Administrative Law Judge, an agency head, or other officer who presides at the reception of evidence at a hearing in such an adjudication....

  9. 12 CFR 1705.4 - Standards for awards.

    Science.gov (United States)

    2010-01-01

    ... circumstances of the case, unless the party has committed a willful violation of law or otherwise acted in bad... adjudication in which it prevailed, unless the position of OFHEO in the adversary adjudication was... that its position was substantially justified and may do so by showing that its position was...

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

    Science.gov (United States)

    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)

  11. 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

    Institute of Scientific and Technical Information of China (English)

    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.

  12. The Effect of the Adjudication--The analysis of res judicata's criterion time from a case of divorce%论判决的效力--从一起离婚案件看既判力的时间界限

    Institute of Scientific and Technical Information of China (English)

    杨秀清; 李琳

    2004-01-01

    我国民诉法规定的粗陋和缺乏可操作性导致了实践之中出现了许多问题.试图就一个案例来讨论大陆法系中的传统理论--既判力理论在现实生活中的作用,从而解决关于判决生效时间这一看似毫无疑义的问题.

  13. Judicial Review of Death Penalty Procedure: a Problem in Suspense——Separate Establishment of Death Penalty Adjudication and Death Penalty Review%死刑复核程序:一个仍未终结的问题——以死刑审判权与核准权的分设为视角

    Institute of Scientific and Technical Information of China (English)

    郭华

    2008-01-01

    死刑核准权归位于最高人民法院,这个本不应当出现的问题被解决后,死刑复核程序对拥有死刑复核权法院所裁判的死刑案件应否进行复核以及如何复核仍是一个需要亟待解决的问题.死刑复核程序作为"审判权"与"核准权"分设的特别程序始终未放逐这一立法信念,并以此为进路来设计死刑复核程序,以免死刑核准权被"审判权"架空影响死刑案件的质量.

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

    Index Scriptorium Estoniae

    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. 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

    Institute of Scientific and Technical Information of China (English)

    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.

  16. Anatomy of a Cancer Treatment Scam

    Medline Plus

    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 ...

  17. 831 Files

    Data.gov (United States)

    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...

  18. Anatomy of a Cancer Treatment Scam

    Medline Plus

    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. 78 FR 45010 - Modifications to the Disability Determination Procedures; Extension of Testing of Some Disability...

    Science.gov (United States)

    2013-07-25

    ... procedures for adjudicating claims for disability insurance benefits under title II of the Social Security... ADMINISTRATION Modifications to the Disability Determination Procedures; Extension of Testing of Some Disability... involving modifications to the disability determination procedures. SUMMARY: We are announcing the...

  20. 77 FR 35464 - Modifications to the Disability Determination Procedures; Extension of Testing of Some Disability...

    Science.gov (United States)

    2012-06-13

    ... procedures for adjudicating claims for disability insurance benefits under title II of the Social Security... ADMINISTRATION Modifications to the Disability Determination Procedures; Extension of Testing of Some Disability... Involving Modifications to the Disability Determination Procedures. SUMMARY: We are announcing the...

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

    Institute of Scientific and Technical Information of China (English)

    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.

  2. 49 CFR 511.34 - Requests for admission.

    Science.gov (United States)

    2010-10-01

    ... ADMINISTRATION, DEPARTMENT OF TRANSPORTATION ADJUDICATIVE PROCEDURES Discovery; Compulsory Process § 511.34... qualify or deny the remainder. An answering party may not give lack of information or knowledge as...

  3. Best value for money

    CERN Multimedia

    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...

  4. 16 CFR 3.32 - Admissions.

    Science.gov (United States)

    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.

    Science.gov (United States)

    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.

    Science.gov (United States)

    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.

    Science.gov (United States)

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

    Data.gov (United States)

    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...

  9. 77 FR 31827 - Pipeline Safety: Pipeline Damage Prevention Programs

    Science.gov (United States)

    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...

  10. 20 CFR 702.319 - Obtaining documents from the administrative file for reintroduction at formal hearings.

    Science.gov (United States)

    2010-04-01

    ... file for reintroduction at formal hearings. 702.319 Section 702.319 Employees' Benefits EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT AND RELATED STATUTES ADMINISTRATION AND PROCEDURE Adjudication Procedures Action by District Directors §...

  11. 16 CFR 1025.3 - Definitions.

    Science.gov (United States)

    2010-01-01

    ...) Staff means the staff of the Consumer Product Safety Commission. Additional definitions relating to... Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL RULES OF PRACTICE FOR ADJUDICATIVE... Safety Commission or a quorum thereof. (c) Commissioner means a Commissioner of the Consumer...

  12. Different approaches to TMD Evolution with scale

    CERN Document Server

    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.

  13. 38 CFR 3.53 - Continuous cohabitation.

    Science.gov (United States)

    2010-07-01

    ... ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Relationship § 3.53 Continuous... made during the life of the veteran on issues subsequently involved in the application of this section....

  14. 77 FR 4854 - Agency Information Collection Activities: Proposed Request and Comment Request

    Science.gov (United States)

    2012-01-31

    ... all payments (annuities, pensions, disability benefits, veteran's compensation, etc.) for which they... implementation specifications. To support expansion of SSA's health IT initiative as defined under HITECH, SSA... health records' systems for our disability adjudication processes. SSA reviews the completeness...

  15. 13 CFR 134.618 - How are awards paid?

    Science.gov (United States)

    2010-01-01

    ... CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS Implementation of the Equal Access to Justice Act § 134... the adversary adjudication, or of the award, to the following address: Chief Financial Officer,...

  16. Review of Administrative Justice in the Republic of Kosovo

    OpenAIRE

    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...

  17. Review of Administrative Justice in the Republic of Kosovo

    OpenAIRE

    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...

  18. Criminalizing Terrorism: The Impact of Context and Cohort Effects on the Sentencing Outcomes of Terrorist Offenders

    OpenAIRE

    Amirault, Joanna Elizabeth

    2014-01-01

    Despite the recent criminalization of terrorism specific offenses little is known about the legal processing of terrorist offenders, and even less is known about how the context that terrorist offenders are adjudicated in impact sentencing outcomes. Collectively, this dissertation explores how changing contextual environments related to legal responses, the timing of an offender’s adjudication and perceptions of threat impact the sentencing outcomes of terrorist offenders by utilizing a sampl...

  19. Reform of lawsuit system and revision of filing conditions

    Institute of Scientific and Technical Information of China (English)

    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".

  20. Report of the Ethics Committee, 2015.

    Science.gov (United States)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

  2. The Effect of Type-1 Error on Deterrence

    DEFF Research Database (Denmark)

    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...

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

    OpenAIRE

    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...

  4. 76 FR 45195 - International Traffic in Arms Regulations: Electronic Payment of Registration Fees

    Science.gov (United States)

    2011-07-28

    ... final rule. Regulatory Analysis and Notices Administrative Procedure Act The Department of State is of... Sec. 553 (Rulemaking) and Sec. 554 (Adjudications) of the Administrative Procedure Act. Although the... Department published this rule with a 60-day provision for public comment and without prejudice to...

  5. 29 CFR 2700.4 - Parties, intervenors, and amici curiae.

    Science.gov (United States)

    2010-07-01

    ..., is a party. In a proceeding instituted by the Secretary under section 105(c)(2) of the Act, 30 U.S.C... miner who has filed a complaint with the Commission under section 105(c)(3) or 111 of the Act, 30 U.S.C... intervention will not unduly delay or prejudice the adjudication of the issues. (ii) Such intervention is not...

  6. 78 FR 41352 - Adoption of Recommendations

    Science.gov (United States)

    2013-07-10

    ... improve the adjudication of Social Security disability benefits, best practices for use of benefit-cost... Hearings: Best Practices and Possibilities for Expansion, 76 FR 48789 (Aug. 9, 2011); Recommendation 89-8... fully contemplate the risks and rewards of any proposed regulatory strategy.\\3\\ Benefit-cost...

  7. 20 CFR 405.1 - Introduction.

    Science.gov (United States)

    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...

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

    NARCIS (Netherlands)

    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

  9. Anatomy of a Cancer Treatment Scam

    Medline Plus

    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 ...

  10. Growing Past Childhood Trauma

    Science.gov (United States)

    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…

  11. 20 CFR 405.20 - Good cause for extending deadlines.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Good cause for extending deadlines. 405.20... ADJUDICATING INITIAL DISABILITY CLAIMS Introduction, General Description, and Definitions § 405.20 Good cause... review under §§ 405.501-.505, you must establish that there is good cause for missing the deadline....

  12. 49 CFR 511.52 - Adoption of initial decision.

    Science.gov (United States)

    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...

  13. 16 CFR 1025.52 - Adoption of initial decision.

    Science.gov (United States)

    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...

  14. 19 CFR 210.37 - Evidence.

    Science.gov (United States)

    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....

  15. 49 CFR 511.43 - Evidence.

    Science.gov (United States)

    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...

  16. 10 CFR 2.711 - Evidence.

    Science.gov (United States)

    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...

  17. 14 CFR 406.149 - Evidence.

    Science.gov (United States)

    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...

  18. 78 FR 72146 - Motor Carrier Management Information System (MCMIS) Changes to Improve Uniformity in the...

    Science.gov (United States)

    2013-12-02

    ... Federal Motor Carrier Safety Administration Motor Carrier Management Information System (MCMIS) Changes to... Motor Carrier Management Information System (MCMIS) to allow the Agency to upload the results of... accept adjudication information concerning a citation associated with a violation that was dismissed...

  19. Summary of Unwed Father's Survey.

    Science.gov (United States)

    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…

  20. 42 CFR 136.414 - How does the IHS determine eligibility for placement or retention of individuals in positions...

    Science.gov (United States)

    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,...

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

    Science.gov (United States)

    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. 49 CFR 1016.309 - Agency review.

    Science.gov (United States)

    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...

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

    DEFF Research Database (Denmark)

    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 ...

  4. 10 CFR 1.3 - Sources of additional information.

    Science.gov (United States)

    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...

  5. "Deterrability" among Gang and Nongang Juvenile Offenders: Are Gang Members More (or Less) Deterrable than Other Juvenile Offenders?

    Science.gov (United States)

    Maxson, Cheryl L.; Matsuda, Kristy N.; Hennigan, Karen

    2011-01-01

    This study investigates the effect of the threat of legal sanctions on intentions to commit three types of offenses with a representative sample of 744 officially adjudicated youth with varying histories of offenses and gang involvement. In a departure from previous research, the authors find small severity effects for property crimes that are not…

  6. Courts in Quest for Legitimacy: a comparative approach

    NARCIS (Netherlands)

    M.A. Loth (Marc)

    2007-01-01

    textabstractLet me open this paper with a statement. The legitimacy of the judiciary is at risk, in several countries for similar reasons. In my own country – the Netherlands - the whereabouts of the judiciary and adjudication are subject of permanent attention of the public media. A criminal case o

  7. 38 CFR 1.461 - Applicability.

    Science.gov (United States)

    2010-07-01

    ... provision of health care, adjudication of benefits, or in carrying out administrative responsibilities... Or Alcohol Abuse, Infection with the Human Immunodeficiency Virus (hiv), Or Sickle Cell Anemia § 1... alcohol or drug abuser, an individual tested for or infected with the human immunodeficiency virus...

  8. 49 CFR 511.49 - Fees.

    Science.gov (United States)

    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,...

  9. Comparing the AUDIT and 3 Drinking Indices as Predictors of Personal and Social Drinking Problems in Freshman First Offenders

    Science.gov (United States)

    O'Hare, Thomas

    2005-01-01

    The current study of 376 college freshman adjudicated the first time for breaking university drinking rules tested the predictive power of four alcohol consumption and problem drinking indices--recent changes in drinking (the Alcohol Change Index: ACI), heavy drinking, binge drinking index, and the Alcohol Use Disorders Identification Test (AUDIT)…

  10. The Vicissitudes of The Hermeneutic Paradigm in The Study of Law: Tradition, Forms of Life and Metaphor

    NARCIS (Netherlands)

    C. Smith (Carel)

    2011-01-01

    textabstractLegal hermeneutics carries the hallmark of a genuine scientific paradigm. It is the locus of professional commitment, that is, a generally accepted view about the nature of legal adjudication. But as any genuine paradigm, legal hermeneutics also eludes the production of its full interpre

  11. ABSTRACTS

    Institute of Scientific and Technical Information of China (English)

    2012-01-01

    Ma Xiwu' s trial mode is a model of adjudication in the Shaanxi-Gansu-Ningxia Border Region, resulting from the joint forces of the border region' s specific wartime environment, local environment, the border region' s social transformation and judicial reform as well as many other factors.

  12. 77 FR 76006 - Star Networks USA, LLC; Complaint

    Science.gov (United States)

    2012-12-26

    ...Under provisions of its Rules of Practice for Adjudicative Proceeding (16 CFR part 1025), the Consumer Product Safety Commission must publish in the Federal Register Complaints which it issues. Published below is a Complaint: In the Matter of Star Networks USA, LLC.\\1\\...

  13. 20 CFR 725.414 - Development of evidence.

    Science.gov (United States)

    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...

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

    NARCIS (Netherlands)

    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

  15. 32 CFR 147.5 - Guideline C-Foreign preference.

    Science.gov (United States)

    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...

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

    Science.gov (United States)

    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. 32 CFR 147.9 - Guideline G-Alcohol consumption.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Guideline G-Alcohol consumption. 147.9 Section... Adjudication § 147.9 Guideline G—Alcohol consumption. (a) The concern. Excessive alcohol consumption often... worker who is a staff member of a recognized alcohol treatment program; (5) Habitual or binge...

  18. 32 CFR 776.31 - Former judge or arbitrator.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Former judge or arbitrator. 776.31 Section 776... Rules of Professional Conduct § 776.31 Former judge or arbitrator. (a) Former judge or arbitrator: (1... substantially as a judge or other adjudicative officer, arbitrator, or law clerk to such a person, unless...

  19. 38 CFR 3.953 - Pub. L. 85-56 and Pub. L. 85-857.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Pub. L. 85-56 and Pub. L... ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation Protection § 3.953 Pub. L. 85-56 and Pub. L. 85-857. (a) In receipt of or entitled to receive benefits on December 31, 1958. Any...

  20. 19 CFR 210.67 - Remedy, the public interest, and bonding.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 3 2010-04-01 2010-04-01 false Remedy, the public interest, and bonding. 210.67... PRACTICES IN IMPORT TRADE ADJUDICATION AND ENFORCEMENT Temporary Relief § 210.67 Remedy, the public interest... appropriate form of temporary relief, whether the public interest factors enumerated in the statute...

  1. Report of the Ethics Committee, 2008

    Science.gov (United States)

    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,…

  2. Report of the Ethics Committee, 2010

    Science.gov (United States)

    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…

  3. Report of the Ethics Committee, 2009

    Science.gov (United States)

    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…

  4. Practising virtue: inside international arbitration

    NARCIS (Netherlands)

    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

  5. 78 FR 72922 - TSA Pre✓TM

    Science.gov (United States)

    2013-12-04

    ... Pre TM Application Program, including the cost of conducting the security threat assessment and... covers TSA's costs for conducting the security threat assessment and adjudicating the application; and (3... aggregate costs associated with the program and shall be credited to the Transportation...

  6. 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

    Science.gov (United States)

    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…

  7. 10 CFR 2.1210 - Initial decision and its effect.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Initial decision and its effect. 2.1210 Section 2.1210... ORDERS Informal Hearing Procedures for NRC Adjudications § 2.1210 Initial decision and its effect. (a... Commission review in accordance with § 2.1212; (2) The Commission, in its discretion, determines that...

  8. 10 CFR 2.713 - Initial decision and its effect.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Initial decision and its effect. 2.713 Section 2.713... ORDERS Rules for Formal Adjudications § 2.713 Initial decision and its effect. (a) After hearing, the... forty (40) days after its date unless any party petitions for Commission review in accordance with §...

  9. 16 CFR 1115.20 - Voluntary remedial actions.

    Science.gov (United States)

    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...

  10. 8 CFR 245.9 - Adjustment of status of certain nationals of the People's Republic of China under Public Law 102...

    Science.gov (United States)

    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...

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

    Science.gov (United States)

    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…

  12. 32 CFR 147.11 - Guideline I-Emotional, mental, and personality disorders.

    Science.gov (United States)

    2010-07-01

    ... CLASSIFIED INFORMATION Adjudication § 147.11 Guideline I—Emotional, mental, and personality disorders. (a) The concern: Emotional, mental, and personality disorders can cause a significant deficit in an... professional that an individual's previous emotional, mental, or personality disorder is cured, under...

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

    OpenAIRE

    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.

  14. 49 CFR 1016.105 - Eligibility of applicants.

    Science.gov (United States)

    2010-10-01

    ... unincorporated business, or any partnership, corporation, association, unit of local government, or organization... adversary adjudication was initiated; (3) Any organization described in section 501(c)(3) of the Internal... cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C....

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

    Science.gov (United States)

    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...

  16. 32 CFR 147.12 - Guideline J-Criminal conduct.

    Science.gov (United States)

    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...

  17. Trust in the Shadow of the Courts

    NARCIS (Netherlands)

    Brennan, G.; Güth, W.; Kliemt, H.

    1997-01-01

    If contract enforcers must be randomly selected from the same population and thus are as opportunistic as ordinary traders could a system of adjudication nevertheless increase the degree to which contractual obligations on large anonymous markets are fulfilled? Adopting an indirect evolutionary appr

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

    Science.gov (United States)

    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…

  19. 20 CFR 405.901 - Reimbursement of certain travel expenses.

    Science.gov (United States)

    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...

  20. 78 FR 22770 - Immigration Benefits Business Transformation, Increment I; Correction

    Science.gov (United States)

    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...

  1. 5 CFR 9701.706 - MSPB appellate procedures.

    Science.gov (United States)

    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...

  2. Neuroeconomics: Constructing identity

    NARCIS (Netherlands)

    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

  3. 75 FR 62676 - Disability Determinations by State Agency Disability Examiners

    Science.gov (United States)

    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...

  4. 38 CFR 3.58 - Child adopted out of family.

    Science.gov (United States)

    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...

  5. 25 CFR 11.902 - Non-criminal proceedings.

    Science.gov (United States)

    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...

  6. 19 CFR 210.55 - Content of service copies.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 3 2010-04-01 2010-04-01 false Content of service copies. 210.55 Section 210.55... TRADE ADJUDICATION AND ENFORCEMENT Temporary Relief § 210.55 Content of service copies. (a) Any purported confidential business information that is deleted from the nonconfidential service copies of...

  7. Justice John Paul Stevens and the Erotic Boomerang.

    Science.gov (United States)

    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…

  8. 42 CFR 403.806 - Sponsor requirements for eligibility for endorsement.

    Science.gov (United States)

    2010-10-01

    ... HEALTH AND HUMAN SERVICES GENERAL PROVISIONS SPECIAL PROGRAMS AND PROJECTS Medicare Prescription Drug... experience in the United States in pharmacy benefit management, which is defined to mean— (i) Adjudicating..., operate a pharmacy benefit program, a prescription drug discount card program, a low-income...

  9. 16 CFR 1025.68 - Prohibited communications.

    Science.gov (United States)

    2010-01-01

    ... oral or written ex parte communication relative to the merits of any proceedings under these Rules is a... designated by the General Counsel. (2) Ex parte communication. (i) Any written communication concerning a... not served on all parties; or (ii) Any oral communication concerning a matter in adjudication which...

  10. 78 FR 76196 - Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury

    Science.gov (United States)

    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...

  11. 12 CFR 912.4 - Closed meetings.

    Science.gov (United States)

    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...

  12. 12 CFR 791.12 - Exemptions.

    Science.gov (United States)

    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...

  13. 37 CFR 251.13 - Closed meetings.

    Science.gov (United States)

    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...

  14. 49 CFR 511.74 - Attorneys.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 6 2010-10-01 2010-10-01 false Attorneys. 511.74 Section 511.74 Transportation..., DEPARTMENT OF TRANSPORTATION ADJUDICATIVE PROCEDURES Appearances; Standards of Conduct § 511.74 Attorneys. An attorney at law who is admitted to practice before the Federal courts or before the highest court of...

  15. Juvenile sex offenders: a group on its own?

    NARCIS (Netherlands)

    Wijk, van A.P.; Horn, van J.; Bullens, R.A.R.; Bijleveld, C.C.J.H.; Doreleijers, T.A.H.

    2005-01-01

    There is some debate about whether sex offenders are similar to non-sex offenders. It is known that sex and non-sex offenders are heterogeneous groups. Comparative studies must take this heterogeneity into account. Based on an aggregated database, a study was conducted among adjudicated juvenile (se

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

    Science.gov (United States)

    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.

    Science.gov (United States)

    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. 75 FR 16712 - Waybill Data Released in Three-Benchmark Rail Rate Proceedings

    Science.gov (United States)

    2010-04-02

    ... TRANSPORTATION Surface Transportation Board 49 CFR Part 1244 Waybill Data Released in Three-Benchmark Rail Rate... Board proposes to amend its rules with respect to the Three-Benchmark methodology used to adjudicate... simplified stand-alone cost approach for medium-size rail rate disputes and revising its...

  19. 19 CFR 210.27 - General provisions governing discovery.

    Science.gov (United States)

    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,...

  20. 38 CFR 20.1505 - Rule 1505. Review of initial benefits claim decision.

    Science.gov (United States)

    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...

  1. 20 CFR 405.201 - Reviewing an initial determination-general.

    Science.gov (United States)

    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...

  2. 20 CFR 405.225 - Notice of the Federal reviewing official's decision.

    Science.gov (United States)

    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...

  3. 20 CFR 405.230 - Effect of the Federal reviewing official's decision.

    Science.gov (United States)

    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...

  4. 20 CFR 405.215 - Procedures before a Federal reviewing official.

    Science.gov (United States)

    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...

  5. 20 CFR 405.220 - Decision by the Federal reviewing official.

    Science.gov (United States)

    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...

  6. 20 CFR 405.240 - Sunset of this subpart.

    Science.gov (United States)

    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...

  7. 20 CFR 405.210 - How to request review of an initial determination.

    Science.gov (United States)

    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...

  8. 20 CFR 405.217 - Subpoenas.

    Science.gov (United States)

    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...

  9. 49 CFR 511.35 - Testimony upon oral examination.

    Science.gov (United States)

    2010-10-01

    ... TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION ADJUDICATIVE PROCEDURES Discovery; Compulsory... promptly file the transcript with the Docket Section. The Presiding Officer shall notify all parties of the... circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance...

  10. 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

    Institute of Scientific and Technical Information of China (English)

    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.

  11. 76 FR 19692 - Revised Medical Criteria for Evaluating Endocrine Disorders

    Science.gov (United States)

    2011-04-08

    ... the listings for the endocrine body system, we invited interested persons and organizations to send us... endocrine disorders and their families, and our adjudicators who spoke at the conference. \\7\\ 70 FR at 46792... cause various complications in the body. The major glands of the endocrine system are the...

  12. 38 CFR 3.112 - Fractions of one cent.

    Science.gov (United States)

    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...

  13. The Role of the DSM in IDEA Case Law

    Science.gov (United States)

    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…

  14. 8 CFR 240.64 - Eligibility-general.

    Science.gov (United States)

    2010-01-01

    ... applicant were deported or removed from the United States. In making such a determination, the adjudicator... extreme hardship if the applicant were deported or removed from the United States. (4) Effect of rebuttal... relative would suffer extreme hardship if the applicant were deported or removed from the United...

  15. Hedgehogs in Luxembourg? A Dworkinian reading of the CJEU's case law on principles of private law and some doubts of the fox

    NARCIS (Netherlands)

    C. Mak

    2012-01-01

    To what extent can the case law of the Court of Justice of the European Union (CJEU) in the field of European private law be understood and explained on the basis of a theoretical model of adjudication that defends the unity and objectivity of value? In light of Ronald Dworkin's theory of adjudicati

  16. 32 CFR 154.18 - Certain positions not necessarily requiring access to classified information.

    Science.gov (United States)

    2010-07-01

    ... for assignment with the Armed Forces overseas (32 CFR part 253). (f) Officials authorized to issue... assignment. (n) Transportation of arms, ammunition and explosives (AA&E). Any DoD military, civilian or... transporting Category I, II or Confidential AA&E shall have been the subject of a favorably adjudicated NAC...

  17. 20 CFR 702.318 - The record; what constitutes; nontransferability of the administrative file.

    Science.gov (United States)

    2010-04-01

    ...; nontransferability of the administrative file. 702.318 Section 702.318 Employees' Benefits EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT AND RELATED STATUTES ADMINISTRATION AND PROCEDURE Adjudication Procedures Action by District Directors § 702.318 The record;...

  18. 8 CFR 1003.44 - Special motion to seek section 212(c) relief for aliens who pleaded guilty or nolo contendere to...

    Science.gov (United States)

    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...

  19. 8 CFR 208.16 - Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the...

    Science.gov (United States)

    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...

  20. 75 FR 53743 - Service-Connected and Other Disability Compensation

    Science.gov (United States)

    2010-09-01

    ...- connected'' before the words ``disability compensation.'' See, e.g., proposed Sec. 5.20(b), 69 FR 4820 (Jan..., 2006. See 71 FR 16464. ``Subpart B--Service Requirements for Veterans'' would include information.... See 69 FR 4820. ``Subpart C--Adjudicative Process, General'' would inform readers about claims...

  1. 16 CFR 1025.1 - Scope of rules.

    Science.gov (United States)

    2010-01-01

    ... Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL RULES OF PRACTICE FOR ADJUDICATIVE... (c), (d), and (f) and 17(b) of the Consumer Product Safety Act (15 U.S.C. 2064 (c), (d), (f); 2066(b... the assessment of civil penalties under section 20(a) of the Consumer Product Safety Act (15...

  2. 38 CFR 3.252 - Annual income; pension; Mexican border period and later war periods.

    Science.gov (United States)

    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...

  3. 38 CFR 3.378 - Changes from activity in pulmonary tuberculosis pension cases.

    Science.gov (United States)

    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...

  4. 38 CFR 3.711 - Improved pension elections.

    Science.gov (United States)

    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...

  5. 38 CFR 3.16 - Service pension.

    Science.gov (United States)

    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...

  6. 38 CFR 3.351 - Special monthly dependency and indemnity compensation, death compensation, pension and spouse's...

    Science.gov (United States)

    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...

  7. 38 CFR 3.453 - Veterans compensation or service pension or retirement pay.

    Science.gov (United States)

    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...

  8. 38 CFR 3.714 - Improved pension elections-public assistance beneficiaries.

    Science.gov (United States)

    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...

  9. 38 CFR 3.713 - Effective dates of improved pension elections.

    Science.gov (United States)

    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...

  10. 38 CFR 3.701 - Elections of pension or compensation.

    Science.gov (United States)

    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...

  11. 38 CFR 3.460 - Death pension.

    Science.gov (United States)

    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...

  12. 38 CFR 3.17 - Disability and death pension; Mexican border period and later war periods.

    Science.gov (United States)

    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...

  13. 38 CFR 3.274 - Relationship of net worth to pension entitlement.

    Science.gov (United States)

    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...

  14. 38 CFR 3.314 - Basic pension determinations.

    Science.gov (United States)

    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;...

  15. 38 CFR 3.666 - Incarcerated beneficiaries and fugitive felons-pension.

    Science.gov (United States)

    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...

  16. 38 CFR 3.803 - Naval pension.

    Science.gov (United States)

    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...

  17. 38 CFR 3.3 - Pension.

    Science.gov (United States)

    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)...

  18. 32 CFR 155.5 - Responsibilities.

    Science.gov (United States)

    2010-07-01

    ... Administrative Judge members of the DOHA Appeal Board. (10) Provide for supervision of attorneys and other..., Control, Communications and Intelligence shall: (1) Establish investigative policy and adjudicative...) Establish the organization and composition of the DOHA. (3) Designate a civilian attorney to be the...

  19. 46 CFR 502.320 - Service.

    Science.gov (United States)

    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...

  20. 49 CFR 511.16 - Service.

    Science.gov (United States)

    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...

  1. 16 CFR 1025.16 - Service.

    Science.gov (United States)

    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...

  2. 38 CFR 3.1607 - Cost of flags.

    Science.gov (United States)

    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...

  3. 78 FR 53429 - Response Systems to Adult Sexual Assault Crimes Panel (Response Systems Panel); Notice of Federal...

    Science.gov (United States)

    2013-08-29

    ... of the Secretary Response Systems to Adult Sexual Assault Crimes Panel (Response Systems Panel... Floor, Washington, DC 20001. DATES: A meeting of the Response Systems to Adult Sexual Assault Crimes... and assessment of the systems used to investigate, prosecute, and adjudicate crimes involving...

  4. 78 FR 25972 - Establishment of the Response Systems to Adult Sexual Crimes Panel

    Science.gov (United States)

    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...

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

    Science.gov (United States)

    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…

  6. 12 CFR 747.607 - Statement of net worth.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Statement of net worth. 747.607 Section 747.607... Justice Act in NCUA Board Adjudications § 747.607 Statement of net worth. (a) Each applicant (other than a... net worth of the applicant and any affiliates, as defined in § 747.602(a), when the proceeding...

  7. 32 CFR 732.18 - Notification of illness or injury.

    Science.gov (United States)

    2010-07-01

    ... non-Federal sources. The message will also request forwarding of the member's service and medical... NONNAVAL MEDICAL AND DENTAL CARE Medical and Dental Care From Nonnaval Sources § 732.18 Notification of... adjudication authority serving the area of the source of care (§ 732.20). This notification is in addition...

  8. 38 CFR 3.29 - Rounding.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Rounding. 3.29 Section 3.29 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and Dependency and Indemnity Compensation General § 3.29 Rounding. (a) Annual rates. Where...

  9. 38 CFR 3.30 - Frequency of payment of improved pension and parents' dependency and indemnity compensation (DIC).

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Frequency of payment of..., Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension, Compensation, and... annual rate payable is $228 or more. (b) Improved pension—Quarterly. Payment shall be made every 3...

  10. 38 CFR 3.273 - Rate computation.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Rate computation. 3.273 Section 3.273 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension... of rates due to changes in the maximum annual pension rate or rate of income following the...

  11. 38 CFR 3.21 - Monetary rates.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Monetary rates. 3.21 Section 3.21 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension... (title 38, Code of Federal Regulations). The maximum annual rates of improved pension payable under...

  12. 76 FR 32355 - Privacy Act of 1974: New System Of Records

    Science.gov (United States)

    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...

  13. 32 CFR 147.8 - Guideline F-Financial considerations.

    Science.gov (United States)

    2010-07-01

    ... obligations; (2) Deceptive or illegal financial practices such as embezzlement, employee theft, check fraud... 32 National Defense 1 2010-07-01 2010-07-01 false Guideline F-Financial considerations. 147.8... INFORMATION Adjudication § 147.8 Guideline F—Financial considerations. (a) The concern. An individual who...

  14. 38 CFR 3.384 - Psychosis.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Psychosis. 3.384 Section 3.384 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS AFFAIRS ADJUDICATION Pension....384 Psychosis. For purposes of this part, the term “psychosis” means any of the following...

  15. 28 CFR 24.305 - Extensions of time.

    Science.gov (United States)

    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. 20 CFR 320.5 - Initial determinations.

    Science.gov (United States)

    2010-04-01

    ... Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH... for unemployment or sickness benefits by the appropriate adjudicating office as provided by § 320.6...

  17. 20 CFR 325.6 - Verification procedures.

    Science.gov (United States)

    2010-04-01

    ... Employees' Benefits RAILROAD RETIREMENT BOARD REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS § 325.6 Verification procedures. The Board's procedures for adjudicating and processing applications and claims for unemployment benefits filed pursuant to this part...

  18. 8 CFR 214.15 - Certain spouses and children of lawful permanent residents.

    Science.gov (United States)

    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...

  19. 38 CFR 19.3 - Assignment of proceedings.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Assignment of proceedings... Assignment of proceedings. (a) Assignment. The Chairman may assign a proceeding instituted before the Board, including any motion, to an individual Member or to a panel of three or more Members for adjudication...

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

    Science.gov (United States)

    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...

  1. 78 FR 54763 - Disease Associated With Exposure to Certain Herbicide Agents: Peripheral Neuropathy

    Science.gov (United States)

    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...

  2. 77 FR 51068 - Remedies for Small Copyright Claims: Additional Comments

    Science.gov (United States)

    2012-08-23

    ... adjudicating small copyright claims. The study will assess whether and, if so, how the current legal system... Office is conducting a study to assess whether and, if so, how the current legal system hinders or... to address concerns about the current system. See the original Notice of Inquiry, 76 FR 66758...

  3. A toolbox for European judges

    NARCIS (Netherlands)

    M.W. Hesselink

    2011-01-01

    The forthcoming instrument on European contract law, be it in the shape of an optional code for cross-border contracts or as an official toolbox for the European legislator, is likely to have a spill-over effect on private law adjudication in Europe. Judges will have no great difficulty in finding m

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

    Institute of Scientific and Technical Information of China (English)

    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,

  5. 49 CFR 1503.601 - Applicability.

    Science.gov (United States)

    2010-10-01

    ... Rules of Practice in TSA Civil Penalty Actions § 1503.601 Applicability. (a) This subpart applies to a... satisfied. (1) There is an alleged violation of a TSA requirement. (2) The amount in controversy does not... the adjudication of the validity of any TSA rule or other requirement under the U.S. Constitution,...

  6. On Judicial and Quasi-Judicial Independence

    NARCIS (Netherlands)

    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

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

    Science.gov (United States)

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

    Science.gov (United States)

    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...

  9. 16 CFR 3.45 - In camera orders.

    Science.gov (United States)

    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...

  10. 49 CFR 511.45 - In camera materials.

    Science.gov (United States)

    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....

  11. 20 CFR 725.409 - Denial of a claim by reason of abandonment.

    Science.gov (United States)

    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...

  12. The Historians of Industry

    Science.gov (United States)

    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…

  13. 32 CFR 147.15 - Guideline M-Misuse of Information technology systems.

    Science.gov (United States)

    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...

  14. 78 FR 26545 - Consumer Financial Civil Penalty Fund

    Science.gov (United States)

    2013-05-07

    ... under Federal consumer financial laws. Under the Act, funds in the Civil Penalty Fund may be used for... services under the Federal consumer financial laws. Public Law 111- 203, section 1011(a) (2010), codified... Federal consumer financial laws through judicial actions and administrative adjudication proceedings. 12...

  15. 11 CFR 9407.5 - Closed meetings.

    Science.gov (United States)

    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...

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

    OpenAIRE

    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.

  17. 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

    Institute of Scientific and Technical Information of China (English)

    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.

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

    DEFF Research Database (Denmark)

    Lifson, Alan R; Lundgren, Jens; Belloso, Waldo H;

    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...

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

    Science.gov (United States)

    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

  20. Rosiglitazone evaluated for cardiovascular outcomes--an interim analysis

    DEFF Research Database (Denmark)

    Home, Philip D; Pocock, Stuart J; Beck-Nielsen, Henning;

    2007-01-01

    group). The primary end point was hospitalization or death from cardiovascular causes. RESULTS: Because the mean follow-up was only 3.75 years, our interim analysis had limited statistical power to detect treatment differences. A total of 217 patients in the rosiglitazone group and 202 patients......BACKGROUND: A recent meta-analysis raised concern regarding an increased risk of myocardial infarction and death from cardiovascular causes associated with rosiglitazone treatment of type 2 diabetes. METHODS: We conducted an unplanned interim analysis of a randomized, multicenter, open...... in the control group had the adjudicated primary end point (hazard ratio, 1.08; 95% confidence interval [CI], 0.89 to 1.31). After the inclusion of end points pending adjudication, the hazard ratio was 1.11 (95% CI, 0.93 to 1.32). There were no statistically significant differences between the rosiglitazone...

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

    OpenAIRE

    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...

  2. 10 CFR 2.1010 - Pre-License Application Presiding Officer.

    Science.gov (United States)

    2010-01-01

    ... NRC adjudication has the requisite “need to know,” as defined in 10 CFR 73.2; (B) The individual has undergone an FBI criminal history records check, unless exempt under 10 CFR 73.22(b)(3) or 73.23(b)(3), as... procedures in 10 CFR 73.57(d) for submitting and processing fingerprints. However, before a final...

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

  5. 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

    OpenAIRE

    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 ...

  6. Reporting and evaluation of HIV-related clinical endpoints in two multicenter international clinical trials

    DEFF Research Database (Denmark)

    Lifson, A; Rahme, FS; Belloso, WH;

    2006-01-01

    as either "confirmed" or "probable" events was highest for cervical cancer (100%), non-Hodgkin's lymphoma (88%), cryptococcosis (82%), and cryptosporidiosis (80%) and was lowest for HIV encephalopathy (25%), HIV wasting syndrome (33%), and multidermatomal herpes zoster (35%). 25% of cases required...... 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...

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

  11. Swiss Patent Jurisprudence 2012

    OpenAIRE

    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.

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

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

    OpenAIRE

    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,...

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

    OpenAIRE

    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...

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

    OpenAIRE

    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...

  18. Automobile or other conveyance and adaptive equipment certificate of eligibility for veterans or members of the armed forces with amyotrophic lateral sclerosis. Interim final rule.

    Science.gov (United States)

    2015-02-25

    The Department of Veterans Affairs (VA) is amending its adjudication regulation regarding certificates of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment. The amendment authorizes 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 amyotrophic lateral sclerosis (ALS) and members of the Armed Forces serving on active duty with ALS.

  19. Eligibility of disabled veterans and members of the armed forces with severe burn injuries for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment. Final rule.

    Science.gov (United States)

    2013-09-19

    The Department of Veterans Affairs (VA) adopts as a final rule its proposal to amend its adjudication regulation concerning a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, which was published in the Federal Register on November 5, 2012, and republished for minor technical corrections on November 26, 2012. The amendment is necessary to incorporate statutory changes made by the Veterans' Benefits Act of 2010.

  20. Justice and medical ethics.

    Science.gov (United States)

    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

  1. Deference, expertise and information-gathering powers

    OpenAIRE

    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...

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

    OpenAIRE

    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...

  3. Systemic Facts: Toward Institutional Awareness in Criminal Courts

    OpenAIRE

    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...

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

    OpenAIRE

    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 ...

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

    Institute of Scientific and Technical Information of China (English)

    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.

  6. Dworkin's Two Conceptions of Rights.

    OpenAIRE

    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...

  7. Radon gas, bronchogenic carcinoma - Ontario experience

    International Nuclear Information System (INIS)

    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

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

    OpenAIRE

    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...

  9. Ethics and Water Governance

    OpenAIRE

    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...

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

    OpenAIRE

    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...

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

    DEFF Research Database (Denmark)

    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....

  12. Justice and medical ethics.

    Science.gov (United States)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

  18. Inter-Observer Agreement in Dysplasia Grading: Towards an Enhanced Gold Standard for Clinical Pathology Trials

    Science.gov (United States)

    Speight, Paul M.; Abram, Timothy J.; Floriano, Pierre N.; James, Robert; Vick, Julie; Thornhill, Martin H.; Murdoch, Craig; Freeman, Christine; Hegarty, Anne M; D’Apice, Katy; Kerr, A. Ross; Phelan, Joan; Corby, Patricia; Khouly, Ismael; Vigneswaran, Nadarajah; Bouquot, Jerry; Demian, Nagi M.; Weinstock, Y. Etan; Redding, Spencer W.; Rowan, Stephanie; Yeh, Chih-Ko; McGuff, H. Stan; Miller, Frank R.; McDevitt, John T.

    2015-01-01

    Objective Inter-observer agreement in the context of oral epithelial dysplasia (OED) grading has been notoriously unreliable and can impose barriers for developing new molecular markers and diagnostic technologies. This paper aimed to report the details of a 3-stage histopathology review and adjudication process with the goal of achieving a consensus histopathologic diagnosis of each biopsy. Study Design Two adjacent serial histological sections of oral lesions from 846 patients were independently scored by two different pathologists from a pool of four. In instances where the original two pathologists disagreed, a third, independent adjudicating pathologist conducted a review of both sections. If a majority agreement was not achieved, the third stage involved a face-to-face consensus review. Results Individual pathologist pair kappa values ranged from 0.251 – 0.706 (fair – good) before the 3-stage review process During the initial review phase, the two pathologists agreed on a diagnosis for 69.9% of the cases. After the adjudication review by a third pathologist, an additional 22.8% of cases were given a consensus diagnosis (agreement of 2 out of 3 pathologists). Following the face-to-face review, the remaining 7.3% of cases had a consensus diagnosis. Conclusion The use of the defined protocol resulted in a substantial increase (30%) in diagnostic agreement and has the potential to improve the level of agreement for establishing gold standards for studies based on histopathologic diagnosis. PMID:26216170

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

    Directory of Open Access Journals (Sweden)

    Carmine Guerriero

    2016-09-01

    Full Text Available 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].

  20. 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

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

    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

  2. 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).

    Science.gov (United States)

    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

  3. The evaluation of off-loading using a new removable oRTHOsis in DIABetic foot (ORTHODIAB) randomized controlled trial: study design and rational

    OpenAIRE

    Mohammedi, Kamel; Potier, Louis; François, Maud; Dardari, Dured; Feron, Marilyne; Nobecourt-Dupuy, Estelle; Dolz, Manuel; Ducloux, Roxane; Chibani, Abdelkader; Eveno, Dominique-François; Crea Avila, Teresa; Sultan, Ariane; Baillet-Blanco, Laurence; Rigalleau, Vincent; Velho, Gilberto

    2016-01-01

    Background Off-loading is essential for diabetic foot management, but remains understudied. The evaluation of Off-loading using a new removable oRTHOsis in DIABetic foot (ORTHODIAB) trial aims to evaluate the efficacy of a new removable device “Orthèse Diabète” in the healing of diabetic foot. Methods/design ORTHODIAB is a French multi-centre randomized, open label trial, with a blinded end points evaluation by an adjudication committee according to the Prospective Randomized Open Blinded End...

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

    DEFF Research Database (Denmark)

    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...... 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 is considered as one...

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

    Directory of Open Access Journals (Sweden)

    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

  6. Simple model of photo acoustic system for greenhouse effect

    OpenAIRE

    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...

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

    Directory of Open Access Journals (Sweden)

    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.

  8. A SYNCHRONIZATION ALGORITHM FOR HF (HIGH FREQUENCY) BROADBAND OFDM SYSTEM

    Institute of Scientific and Technical Information of China (English)

    Yang Lei; Zhang You'ai

    2008-01-01

    In this letter, a kind of associated synchronization algorithm which is suitable for HF (High Frequency) broadband OFDM (Orthogonal Frequency Division Multiplexing) system is presented based on describing and constructing the GMW (Gorden, Mills and Welch) sequence. The algorithm is based on the Schmidl and Minn's symbol timing principle, the constructed GMW sequence is transmitted and disposed, and the synchronization is adjudicated using the correlation of GMW sequence. The simulation result indicates that this algorithm has high performance synchronization ability under the low SNR (Signal to Noise Ratio) at two different kinds of channel models.

  9. Improving outcomes for at-risk youth: findings from the Prodigy Cultural Arts Program.

    Science.gov (United States)

    Rapp-Paglicci, Lisa; Stewart, Chris; Rowe, William

    2012-01-01

    Through this study the authors evaluate the Prodigy Cultural Arts Program, an early prevention program for adjudicated youth. A quasi experimental pre- and posttest was conducted. A significant reduction in mental health symptoms (particularly for females) and behavioral dysregulation (particularly for males), and increases in academic performance and family functioning were found. There was also a relationship between decreased mental health symptomology and perceived academic performance. The Prodigy Cultural Arts Program appears to be successful in intervening with youth who present challenges to the juvenile justice system due to the complexity of their mental health symptoms, behavioral regulation difficulties, and/or gender. PMID:23092379

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

    Energy Technology Data Exchange (ETDEWEB)

    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.

  11. Brief report: An examination of the relationships between parental monitoring, self-esteem and delinquency among Mexican American male adolescents.

    Science.gov (United States)

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

    2006-06-01

    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 adolescent population, findings from the current study revealed that parental monitoring was negatively associated with delinquency. In addition, self-esteem was shown to be positively correlated with delinquency. These results highlight the generalizability of previous research related to familial, emotional, and behavioral processes among Mexican American male adolescents.

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

    CERN Document Server

    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.

  13. Malignancy validation in a United States registry of rheumatoid arthritis patients

    Directory of Open Access Journals (Sweden)

    Fisher Mark C

    2012-05-01

    Full Text Available Abstract Background Physician reporting is commonly used to ascertain adverse events or outcomes measured in epidemiologic studies. However, little is known on the accuracy of physician reported malignancies compared to pertinent medical record review in large cohort studies. Methods The Consortium of Rheumatology Researchers of North America (CORRONA registry gathers physician-completed questionnaires for rheumatoid arthritis (RA patients, including request for information on incident malignancies, approximately every three months. For incident malignancies reported from October 1st, 2001, through December 31st, 2007, we retrospectively requested completion of a Targeted Adverse Event (TAE form for additional information as well as primary source documents to adjudicate the malignancy reports. CORRONA has employed a prospective request for source documentation for these events since 2008. We classified each malignancy as definite, probable, possible, or not a malignancy. Results From 20,837 RA patients enrolled in CORRONA, 461 incident malignancies were initially reported on physician questionnaires. After review of returned source documents with adjudication, 234 were deemed definite, 69 probable, 101 possible, and 57 not an incident malignancy. The positive predictive value (PPV of initial physician report of a malignancy versus “definite or probable” malignancy based on adjudication was 0.66 (95% CI 0.61 - 0.70. The PPV was 0.68 (95% CI 0.63 – 0.72 when the subsequent TAE form also confirmed the presence of malignancy. When possible malignancies were included, the PPV of physician-reported malignancies without a subsequent TAE form increased to 0.86 (0.83 – 0.89, and with a subsequent TAE form, 0.89 (0.85-0.91. Conclusion Twelve percent of initial physician reports of incident malignancy could not be confirmed with review of source documents. The most common reason for lack of confirmation was inability to obtain documents or

  14. 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

    Institute of Scientific and Technical Information of China (English)

    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。

  15. KEWENANGAN MAHKAMAH KONSTITUSI DALAM PROSES IMPEACHMENT PRESIDEN MENURUT SISTEM KETATANEGARAAN REPUBLIK INDONESIA

    Directory of Open Access Journals (Sweden)

    Muhammad Fauzan

    2011-01-01

    Full Text Available The authority of the Constitutional Court to adjudicate and decide upon the opinion of the House of Representatives that the President and/or vice president has violated the law of treason to the state, corruption, bribery, other felonies, or moral turpitude, and/or that the President and /or Vice President no longer meets the conditions as President and/or Vice President are normative efforts to avoid a repeat of dismisal that are soley based on slander and suspicion which are only to satisfy the political interests of political elites.

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

    OpenAIRE

    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...

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

    Directory of Open Access Journals (Sweden)

    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

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

    Science.gov (United States)

    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

  19. Proposal to Negotiate the Renewal of the Contract for the Provision of Database Management System Software

    CERN Document Server

    2002-01-01

    This document concerns the continued licensing of the Oracle Database Management System, which was selected for LEP in 1982 and is now used extensively at CERN in a wide range of application domains. The Finance Committee is invited to agree to the negotiation of the renewal of the contract with ORACLE SWITZERLAND for five years, for a total amount of 2 750 000 Swiss francs, not subject to revision. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: CH - 65%, US - 35%.

  20. Progress in construction of the LHC

    CERN Document Server

    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.

  1. Role of the case law to ensure judicial power

    Directory of Open Access Journals (Sweden)

    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.

  2. A Case of Improperly Registered "Wansheng" Trademark

    Institute of Scientific and Technical Information of China (English)

    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.

  3. Benefit Measurement in the Civil Law Conflict Resolution:From Evolvement of Civil Law Methodology to Formation of Interpretation Rules%民法冲突解决中的利益衡量——从民法方法论的进化到解释规则的形成

    Institute of Scientific and Technical Information of China (English)

    李国强; 孙伟良

    2012-01-01

    The benefit conflicts on pluralism of social subject are the radical reasons of conflicts in the perspective of civil law. We can ascertain where the order value destination preinstalled by civil law is through benefit measurement whose methodology meaning should not be ignored. In the long and complicated process of judicial application, gradual forming uniform and disciplinary resolution program could avoid recklessness possibility of benefit measurement in individual cases, so that turn the benefit measurement mechanism which is beyond laws in text into a link of legal order rather than a special case beyond legal order. In the process of interpreting and applying civil law regulations to adjudicate, adjudicators should adjudicate according to definite demonstration rules and procedures, that is, to demonstrate the legitimacy of value orientation and correctness of adjudication result according to the appropriate logic and method under the legal order.%社会主体多元化的利益冲突是民法视角下冲突的根本成因。通过利益衡量可以明确民法预设的秩序价值目标的所在,其方法论意义不容忽视。在长期复杂的司法适用过程中,渐次形成达致统一的规律性的处理方案,才能避免个案中利益衡量的恣意可能性,从而把超越文本上法律的利益衡量机制变成法律秩序的一个环节,而不是超越法律秩序的特例。在解释适用民法规范进行裁判的过程中,裁判者应该按照一定的论证规则和程序进行裁判,即按照法律秩序下的妥当逻辑和方法去论证其所坚持的价值取向的正当性和裁判结果的正确性。

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

    CERN Document Server

    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%.

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

    OpenAIRE

    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...

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

    Directory of Open Access Journals (Sweden)

    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.

  7. Proposal for the negotiation of a contract for the supply of Fabry-Perot laser diodes for the LHC

    CERN Document Server

    2004-01-01

    This document concerns the award of a contract for the supply of Fabry-Perot laser diodes for the LHC beam position monitoring system. For the reasons set out in this document, the Finance Committee is invited to agree to the negotiation of a contract for the supply of 2600 Fabry-Perot laser diodes with MUNICOM (DE), for a total amount of 253 500 euros (405 600 Swiss francs), not subject to revision. The amount in Swiss francs has been calculated using the present rate of exchange. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: JP - 81%; DE - 19%.

  8. Plan Assurance Qualité for an Installation Contract

    CERN Document Server

    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.

  9. History of Violence as a Predictor of HIV Risk among Multi-Ethnic, Urban Youth in the Southwest.

    Science.gov (United States)

    Marsiglia, Flavio Francisco; Nieri, Tanya; Valdez, Elizabeth; Gurrola, Maria; Marrs, Catherine

    2009-04-01

    This community-based exploratory study examined the effects of a history of violence, ethnic identification, and acculturation status on HIV risk among a majority Latino sample of youth living in a large metropolitan area of the Southwest in the United States. The participants reported high rates of violence and attitudes that put them at risk for HIV/AIDS infection. They participated in 1 of 2 prevention interventions offered by a local non-governmental organization. The first intervention was tailored for adjudicated youth (N=49) who were either institutionalized or were returning to the community after involvement with the criminal justice system. The second intervention targeted youth (N=32) who were homeless/runaway and/or self-identified as gay, lesbian, bisexual, or transgender (GLBT). T-tests and linear regression were used to determine the differences between youth reporting a history of violence by type of perpetrator, its relationship with HIV risk, and the role of ethnic identification and acculturation status as potential protective factors. Violence by a family member was the most common type of violence reported, with a history of violence positively related to HIV risk. Ethnic identification and linguistic acculturation had a protective effect against HIV risk among the homeless and GLBT youth but not among the adjudicated youth. PMID:20016770

  10. PCR-based typing of DNA extracted from cigarette butts.

    Science.gov (United States)

    Hochmeister, M N; Budowle, B; Jung, J; Borer, U V; Comey, C T; Dirnhofer, R

    1991-01-01

    Limited genetic marker information can be obtained from saliva by typing by conventional serological means. Thus, the application of PCR-based DNA typing methods was investigated as a potential approach for typing genetic markers in saliva. DNA was isolated from 200 cigarettes smoked by 10 different individuals (20 cigarettes per individual) and from 3 cigarette butts recovered from 2 crime scenes (adjudicated cases) using a Chelex 100 extraction procedure. The amount of recovered human DNA was quantified by slot-blot analysis and ranged from approximately less than 2-160 ng DNA per cigarette butt for the 200 samples, and 8 ng, 50 ng, and 100 ng for the cigarette butts from the adjudicated cases. The DNA was successfully amplified by the polymerase chain reaction (PCR) for the HLA-DQ alpha locus (99 out of 100 samples) as well as for the variable number of tandem repeat (VNTR) locus D1S80 (99 out of 100 samples). Amplification and typing of DNA was successful on all samples recovered from the crime scenes. The results suggest that PCR-based typing of DNA offers a potential method for genetically characterizing traces of saliva on cigarette butts.

  11. Review of Administrative Justice in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

    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

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

    Science.gov (United States)

    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

  16. 1754 Days to the LHC and counting!

    CERN Multimedia

    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...

  17. Human trafficking for labour exploitation: Interpreting the crime

    Directory of Open Access Journals (Sweden)

    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.

  18. Robo-Judge Meets Elastic Man

    DEFF Research Database (Denmark)

    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......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 United States. In this context – as in other transatlantic PIL contexts, the author finds it most appropriate to focus on differences. For whereas courts in the European region are typically required to decide jurisdictional issues solely on the basis of rigidly defined specific factors......, such as the place of a performance of a given contractual obligation or the place where the party who renders a given type of performance resides, courts in the United States follow rules cut from a very different cloth, with jurisdictional determinations based on a mélange of flexible factors involving complex...

  19. Evolving Groundwater Rights and Management in Metropolitan Los Angeles: Implications for Water Supply and Stormwater

    Science.gov (United States)

    Porse, E.; Pincetl, S.; Glickfeld, M.

    2015-12-01

    Groundwater supports many aspects of human life. In cities, groundwater can provide a cost-effective source of water for drinking and industrial uses, while groundwater basins provide storage. The role of groundwater in a city's water supply tends to change over time. In the Los Angeles metropolitan area, groundwater is critical. Over decades, users in the region's many basins allocated annual pumping rights to groundwater among users through adjudications. These rights were determined through collective processes over decades, which contributed to the complex array of public and private organizations involved in water management. The rights also continue to evolve. We analyzed changes in the distribution of groundwater rights over time for adjudicated basins in Southern Los Angeles County. Results indicate that groundwater rights are increasingly: 1) controlled or regulated by public institutions and municipalities, and 2) consolidated among larger users. Yet, both the percentage of total supplies provided by groundwater, as well as the distribution of groundwater rights, varies widely among cities and communities throughout Los Angeles. As metropolitan Los Angeles faces reduced water imports and emphasizes local water reliance, access to pumping rights and storage capacity in groundwater basins will become even more vital. We discuss implications of our results for future urban water management.

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

    Science.gov (United States)

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

    Directory of Open Access Journals (Sweden)

    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

  2. AAPL Practice Guideline for the forensic psychiatric evaluation of competence to stand trial.

    Science.gov (United States)

    Mossman, Douglas; Noffsinger, Stephen G; Ash, Peter; Frierson, Richard L; Gerbasi, Joan; Hackett, Maureen; Lewis, Catherine F; Pinals, Debra A; Scott, Charles L; Sieg, Karl G; Wall, Barry W; Zonana, Howard V

    2007-01-01

    Competence to stand trial is a legal construct used to identify those criminal defendants who have the requisite mental capacity to understand the nature and objective of the proceedings against them and to participate rationally in preparing their defense. This Practice Guideline has described how psychiatrists should evaluate individuals concerning their competence to stand trial. The Guideline describes acceptable forensic psychiatric practice for such evaluations. Where possible, it specifies standards of practice and principles of ethics and also emphasizes the importance of analyzing an individual defendant's case in the context of statutes and case law applicable in the jurisdiction where the evaluation takes place. The recommendations in the Guideline both reflect and are limited by evolving case law, statutory requirements, legal publications, and the current state of psychiatric knowledge. The authors have taken note of nationally applicable case law, federal constitutional standards, statutory language, and federal and state interpretations of the rights or statutes, recognizing that jurisdictions may differ in their specific interpretation or application of statutes or general constitutional standards. The review of cases concerning specific psychiatric diagnoses illustrates general U.S. trends, and psychiatrists must remain cognizant of their jurisdictions' interpretations of statutes or constitutional requirements. By surveying a variety of practices and approaches to data gathering and case analysis, the authors believe that this Guideline will stimulate additional collegial discussion about what is necessary and sufficient for adequate evaluations of adjudicative competence. The notion that psychiatrists should apply expertise to competence assessments stems from the principal that, before allowing a defendant to face criminal prosecution and possible punishment, courts need reasonable assurance--based, if necessary, on a careful, individualized

  3. Recognition of oral spelling is diagnostic of the central reading processes.

    Science.gov (United States)

    Schubert, Teresa; McCloskey, Michael

    2015-01-01

    The task of recognition of oral spelling (stimulus: "C-A-T", response: "cat") is often administered to individuals with acquired written language disorders, yet there is no consensus about the underlying cognitive processes. We adjudicate between two existing hypotheses: Recognition of oral spelling uses central reading processes, or recognition of oral spelling uses central spelling processes in reverse. We tested the recognition of oral spelling and spelling to dictation abilities of a single individual with acquired dyslexia and dysgraphia. She was impaired relative to matched controls in spelling to dictation but unimpaired in recognition of oral spelling. Recognition of oral spelling for exception words (e.g., colonel) and pronounceable nonwords (e.g., larth) was intact. Our results were predicted by the hypothesis that recognition of oral spelling involves the central reading processes. We conclude that recognition of oral spelling is a useful tool for probing the integrity of the central reading processes. PMID:25885676

  4. Effect of intravenous TRO40303 as an adjunct to primary percutaneous coronary intervention for acute ST-elevation myocardial infarction

    DEFF Research Database (Denmark)

    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...

  5. 组织视角下的民事诉讼发回重审制度

    Institute of Scientific and Technical Information of China (English)

    陈杭平

    2012-01-01

    The system of remanding judgment in civil litigation has aroused complaints among scholars, judges, lawyers and the public, which has rendered it necessary to amend the related articles in the Civil Procedure Law. As there is no essential consensus between scholars, judges and lawyers upon this system, it is necessary to develop an "ought to be" interpretation in law. In order to limit the abuse of discretion in remanding judgments in civil cases, Chinese courts have implemented an approach that stresses detailed procedures through local rules and enhances organizational management measures. Compared to the western countries~ courts, Chinese courts are unique bureaucratic organizations that adjudication and (judicial) administration are integrated and the presidents have the overall responsibility for organizational performance such as judicial quality and efficiency and resources arrangement. However, such a model of "judicial procedure under the control of organizational management" can not avoid the appellate courts~ abuse of discretion by remanding judgments against relevant statutory provisions, regardless of the appealed issues and without judicial reasoning, but instead deprives the litigating parties and the public in general of their participation in the civil procedures, thus damages further the authority of judicial adjudication. Of course, as Chinese judges lack enough professionalization and socialization, it is necessary and reasonable to strengthen and regulate organizational management of judicial adjudication in China nowadays. To adjust the relationship between judicial procedure and court organization, the autonomy of judicial procedure should be guaranteed in the background of organizational management and parties~ participation in judicial procedure should be restored. The reasoning for remanding orders, which is bound by the appellants~ claims and justified by judges themselves, is the key factor to guarantee the autonomy of

  6. Proposal to negotiate a contract for the supply of vacuum gate valves for the LHC

    CERN Document Server

    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%.

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

    CERN Multimedia

    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...

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

    CERN Multimedia

    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...

  9. Narratives of Optimum Currency Area theory and Eurozone Governance

    DEFF Research Database (Denmark)

    Snaith, Holly Grace

    2014-01-01

    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......Optimum Currency Area theory (OCA) is a body of research that has, since its inception in 1961, been highly influential for the discourse and design of Economic and Monetary Union, exercising a significant hermeneutical force. Nonetheless, there has been little acknowledgement that OCA...... is the 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...

  10. Advances in Cryogenics at the Large Hadron Collider

    CERN Document Server

    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.

  11. Data management redefined

    Directory of Open Access Journals (Sweden)

    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.

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

    Science.gov (United States)

    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

  13. The Party Members’ Court: judicial control over intraparty disputes in Mexico

    Directory of Open Access Journals (Sweden)

    Javier MARTÍN REYES

    2013-01-01

    Full Text Available Between 1997 and 2003, in a series of relevant cases, the Electoral Court of the Federal Judicial Branch (ECFJB increased its capacity to adjudicate intraparty disputes. This paper explains how the ECFJB, without a supporting legislation, was able to establish a direct and far reaching control over intraparty disputes such as the election of party leaders, the selection of candidates, or the punishment of party members. Following a strategic behavior approach, I will provide empirical evidence to prove that there was a negative correlation between the level of judicial control over the parties’ internal life, on the one hand, and the vulnerability of the ECFJB from the legislature and party leaders, on the other.

  14. Bisphosphonate adverse effects, lessons from large databases

    DEFF Research Database (Denmark)

    Abrahamsen, Bo

    2010-01-01

    is on bisphosphonates used for osteoporosis. RECENT FINDINGS: Register studies have so far not confirmed a shift from classical to nonclassical femur fractures with bisphosphonates. However, studies were either small or without X-ray adjudication. Two new studies found no increase in jaw surgery for inflammatory...... conditions - a proxy for ONJ - with oral bisphosphonates, but the risk of jaw necrosis was increased almost eight times in those receiving i.v. bisphosphonates. The risk of atrial fibrillation with alendronate may be increased in the first weeks of treatment, but no excess risk was seen in long-term users....... Two studies have found decreased risk of esophageal cancer in patients taking oral bisphosphonates. SUMMARY: Compared with the reduction in classical osteoporotic fractures, the risk of harm caused by bisphosphonates is low, according to information presently available from clinical trials and from...

  15. Proposal for the award of a contract for the upgrade of clean and waste water systems for the LHC

    CERN Document Server

    2003-01-01

    This document concerns the award of a contract for the upgrade of clean and waste water systems for the LHC. Following a market survey carried out among 61 firms in thirteen Member States, a call for tenders (IT-3176/ST/LHC) was sent on 28 May 2003 to four firms and four consortia in six Member States. By the closing date, CERN had received six tenders from two firms and four consortia in five Member States. The Finance Committee is invited to agree to the negotiation of a contract with ABB (CH), the lowest bidder, for the upgrade of clean and waste water systems for the LHC for a total amount of 920 000 Swiss francs, not subject to revision. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: DE - 35%; FR - 31%; CH - 17%; SE - 13%; DK - 4%.

  16. Proposal for the award of a blanket contract for the supply and installation of water-cooled bus bars and cables for the LHC

    CERN Document Server

    2003-01-01

    This document concerns the award of a blanket contract for the supply and installation of water-cooled bus bars and cables for the LHC project. Following a market survey carried out among 22 firms in six Member States, a call for tenders (IT-2941/ST/LHC) was sent on 30 June 2003 to three firms in two Member States. By the closing date, CERN had received tenders from the three firms. The Finance Committee is invited to agree to the negotiation of a blanket contract with FLOHE (DE), the lowest bidder, for the supply and installation of water-cooled bus bars and cables, for a total amount not exceeding 2 900 000 Swiss francs, subject to revision after 1 January 2005 according to the LME copper prices. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: DE - 100%.

  17. Proposal for the Award of a Blanket Purchase Contract for the Supply of Water-Cooled Cables for the LHC

    CERN Document Server

    2002-01-01

    This document concerns the award of a blanket purchase contract for the supply of water-cooled cables for the LHC. Following a market survey carried out among 26 firms in six Member States, a call for tenders (IT-3008/ST/LHC) was sent on 18 February 2002 to four firms in three Member States. By the closing date, CERN had received two tenders from two firms in two Member States. The Finance Committee is invited to agree to the negotiation of a blanket purchase contract with BRAR (IT), the only compliant bidder, for the supply of water-cooled cables for the LHC for a total amount not exceeding 1 720 000 euros (2 529 805 Swiss francs), subject to revision for inflation from 1 January 2004. 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: IT - 100%.

  18. Proposal for the award of a contract for the supply and installation of chilled water distribution stations for the SPS accelerator

    CERN Document Server

    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%.

  19. The role of and limitations on the judiciary in the promotion of social peace in South Africa

    Directory of Open Access Journals (Sweden)

    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.

  20. Culturally competent practice with African American juvenile sex offenders.

    Science.gov (United States)

    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

  1. Gun Violence Restraining Orders: Alternative or Adjunct to Mental Health-Based Restrictions on Firearms?

    Science.gov (United States)

    Frattaroli, Shannon; McGinty, Emma E; Barnhorst, Amy; Greenberg, Sheldon

    2015-06-01

    The gun violence restraining order (GVRO) is a new tool for preventing gun violence. Unlike traditional approaches to prohibiting gun purchase and possession, which rely on a high threshold (adjudication by criminal justice or mental health systems) before intervening, the GVRO allows family members and intimate partners who observe a relative's dangerous behavior and believe it may be a precursor to violence to request a GVRO through the civil justice system. Once issued by the court, a GVRO authorizes law enforcement to remove any guns in the respondent's possession and prohibits the respondent from purchasing new guns. In September 2014, California's governor signed AB1014 into law, making California the first U.S. state to enact a GVRO law. This article describes the GVRO and the rationale behind the concept, considers case examples to assess the potential impact of the GVRO as a strategy for preventing gun violence, and reviews the content of the California law.

  2. Les débuts de la ligne ferroviaire de Saint-Étienne à Lyon et les événements de 1830

    OpenAIRE

    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. European Council of Legal Medicine (ECLM) accreditation of forensic pathology services in Europe

    DEFF Research Database (Denmark)

    Mangin, P; Bonbled, F; Väli, M;

    2015-01-01

    Forensic experts play a major role in the legal process as they offer professional expert opinion and evidence within the criminal justice system adjudicating on the innocence or alleged guilt of an accused person. In this respect, medico-legal examination is an essential part of the investigation...... process, determining in a scientific way the cause(s) and manner of unexpected and/or unnatural death or bringing clinical evidence in case of physical, psychological, or sexual abuse in living people. From a legal perspective, these types of investigation must meet international standards, i.......e., it should be independent, effective, and prompt. Ideally, the investigations should be conducted by board-certified experts in forensic medicine, endowed with a solid experience in this field, without any hierarchical relationship with the prosecuting authorities and having access to appropriate facilities...

  4. Proposal for the award of a contract, without competitive tendering, for the maintenance of low-voltage switchgear

    CERN Document Server

    2003-01-01

    This document concerns the award of a contract, without competitive tendering, for the maintenance of low-voltage switchgear. The Finance Committee is invited to agree to the negotiation of a contract, without competitive tendering, for the maintenance of low-voltage switchgear with HAZEMEYER (FR) for a total amount of 385 000 euros (610 000 Swiss francs), covering an initial period of five years, subject to revision for inflation after 1 January 2007. The contract will include options for two one-year extensions beyond the initial five-year period. The amount in Swiss francs has been calculated using the present rate of exchange. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: FR - 100%.

  5. Decision-making in the Unified Patent Court: Ensuring a balanced approach

    DEFF Research Database (Denmark)

    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...

  6. Paradigms of forensic science and legal process: a critical diagnosis.

    Science.gov (United States)

    Roberts, Paul

    2015-08-01

    This article reconsiders the relationship between criminal adjudication and forensic expertise in the light of 'new paradigms' of forensic practice and recent law reform. It briefly summarizes conventional wisdom on the typical shortcomings of forensic science and other expert evidence, as a springboard for a more searching critical diagnosis of longstanding maladies. The fundamentally jurisdictional nature of law is emphasized, and some implications for expert testimony noted. English law's traditionally adversarial model of criminal procedure is then reassessed, taking account of a proper understanding of its normative structure and modern development, and drawing on comparative legal research and theorizing to obtain a more rounded second opinion. In conclusion, some avenues for intelligent prescription are canvassed, highlighting the importance of promoting and facilitating effective communication between experts, lawyers and courts, and prioritizing modest practical remedies over radical surgery.

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

    CERN Document Server

    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.

  8. West Kowloon Reclamation Concept Plan Competition%西九龙填海区概念规划竞赛

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    In April 2001,the Govemment launched the West Kowllon Reclamation Concept Plan Competition to invite conceptral proposals for the development of a prominent 40-hectare waterfront site at the southern tip of the West Kowloon Reclamation into am integrated arts,cultural and entertainment district.The objective of the Competition is ,through the development,to enhance Hong Kong's positions as Asia's premiere centre of arts,culture and entertainment and create a new look for Victoria Harbour.The Competition attracted 161 entries,of which 71 were from Hong Kong and 90 were from elsewhere,covering some 30conntries.Adjudication of the Competition entries was made by a 10-member panel of Jury,chaired by Lord Rothschild.

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

    Institute of Scientific and Technical Information of China (English)

    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.

  10. Don Juan Vélez de León, refundidor de Quevedo (a propósito del romance “Don Repollo y doña Berza”)

    OpenAIRE

    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. 司法公正—公平、正义、和谐社会的基石%Judicial Justice-Cornerstone of Fairness, Justice and Harmonious Society

    Institute of Scientific and Technical Information of China (English)

    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.

  12. Medicare determinations and income-related monthly adjustment amounts to Medicare Part B premiums; conforming changes to regulations. Interim final rule with request for comments.

    Science.gov (United States)

    2013-09-18

    We are modifying our regulations regarding Medicare Part B income-related monthly adjustment amounts (IRMAA) in order to conform to changes made to the Social Security Act (Act) by the Affordable Care Act. This rule freezes the modified adjusted gross income threshold and ranges from 2011 through 2019 and removes the requirement that beneficiaries consent to our release of Internal Revenue Service (IRS) information to the U.S. Department of Health and Human Services (HHS) for the purpose of adjudicating any appeal of an IRMAA to the Part B premium subsidy. We are also removing provisions that phased in IRMAA between 2007 and 2009 and updating a citation to reflect the transfer of authority for hearing appeals under Title XVIII of the Act from the Social Security Administration to HHS.

  13. Godsdiensregte in die regspraak: uitlegmetodes in die CESA-beslissings

    Directory of Open Access Journals (Sweden)

    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.

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

    Institute of Scientific and Technical Information of China (English)

    李丽峰; 陈佳丽

    2014-01-01

    Nowadays, the framework of diversified dispute settlement mechanism has been established in China, but there is something to be improved in institutional perfection both in the application of specific way and the connection of litigation and non-litigation measures. The litigation institution should be perfected from aspects of proper allocation of judicial power, division of investigation and trial of the court, and further optimization of judicial function, etc. The keys of perfecting people’ s mediation system are perfecting the network layout of people’ s mediation organization, improving the service quality of mediating personnel, standardizing the work procedure of mediation, and enlarging the organizational basis and work range of people’ s mediation. The perfection of arbitration system mainly includes refining the subject of arbitration, establishing the identity system of arbitrator, realizing the non-administration of arbitration, and establishing arbitration association, etc. The perfection of negotiation mode mainly means solving the problem of validity 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.%目前,我国多元化纠纷解决机制的框架已经搭建起来,但无论是具体方式的适用上,还是诉讼与非诉讼方式的衔接上,都存在制度完善的空间。应从司法权力的合理配置、法院的调审分立及进一步优化司法职能等方面完善诉讼制度;完善人民调解制度的重点是健全人民调解组织的网络布局、提高调解人员的业务素质、规范调解工作程序、扩大人民调解的组织基础和工作范围;仲裁制度的完善

  15. Music therapy and the resettlement of women prisoners

    DEFF Research Database (Denmark)

    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...

  16. Assessing risk of recidivism among juvenile offenders: the development and validation of the recidivism risk instrument.

    Science.gov (United States)

    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.

    Science.gov (United States)

    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. Retrospective Evaluation of Two Fast-track Strategies to Rule Out Acute Coronary Syndrome in a Real-life Chest Pain Population

    DEFF Research Database (Denmark)

    Schønemann-Lund, Martin; Schoos, Mikkel Malby; Iversen, Kasper;

    2015-01-01

    BACKGROUND: The European Society of Cardiology (ESC) guideline on non-ST-elevation acute coronary syndrome (N-STE ACS) proposed a new ACS rule-out protocol. OBJECTIVES: To evaluate this new tool, which uses diagnostic levels of high-sensitivity troponin T (hs-TnT; > 14 ng/L) in a slightly modified...... version and compare this to a recently proposed approach using undetectable levels of hs-TnT to rule out patients. METHODS: There were 534 consecutive patients with suspected ACS included. Protocol 1: symptom duration, hs-TnT at 0 and 6-9 h, Global Registry of Acute Coronary Events (GRACE) score......, and symptom status at 6-9 h. Protocol 2: a single blood sample of hs-TnT. The primary endpoint was a discharge diagnosis of ACS by blinded adjudication. Secondary endpoints were ACS re-admission Protocol 1 classified 434/534 (81%) patients, with 27.9% being ruled out...

  19. 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.

    Science.gov (United States)

    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.

  20. Sustainable yield in theory and practice: bridging scientific and mainstream vernacular.

    Science.gov (United States)

    Rudestam, Kirsten; Langridge, Ruth

    2014-09-01

    Groundwater is a vital resource in California, and the concept of "sustainable yield" is an attempt to determine a metric that can ensure the long-term resilience of groundwater systems. However, its meaning is ambiguous and quantification is challenging. To provide insight into developing a working definition that encompasses the inherent uncertainty and complexity of the term, this paper examines how sustainable yield in groundwater is interpreted by (1) scientists, (2) the courts in groundwater adjudications, (3) state agencies, and (4) local water practitioners. Through qualitative interviews, this paper identifies problems that local water agencies in the state encounter in engaging with sustainable yield as they incorporate the term in groundwater management practices. The authors recommend that any definitions make explicit the human dimensions of, and assumptions embedded in, the use of these terms in groundwater management practices, and they point to the value of participation in this process. PMID:24479641

  1. Justice and allocation of medical resources.

    Science.gov (United States)

    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 to negotiate, without competitive tendering, a contract for the supply of 6000 cryogenic temperature sensors

    CERN Document Server

    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.

  3. Atypical fractures, a biased perspective.

    Science.gov (United States)

    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

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

    Science.gov (United States)

    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

  5. The accuracy of colposcopic biopsy

    DEFF Research Database (Denmark)

    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...... months of definitive therapy, and the definitive therapy diagnoses was 42% (weighted kappa = 0.34) (95% CI: 0.29-0.39). The overall underestimation of cervical intraepithelial neoplasia grade 2/3 or adenocarcinoma in situ (CIN2-3/AIS) and CIN3/AIS was 26 and 42%, respectively. When allowing for one...

  6. SOBERANIA E RELIGIÃO | SOVEREIGNTY AND RELIGION

    Directory of Open Access Journals (Sweden)

    Mádson Ottoni de Almeida Rodrigues 

    2016-08-01

    Full Text Available This article highlights the mystical content that involves the exercise of political power. In analyzing the link between sovereignty and religion, religion’s strong influence reveals itself, particularly of Christianity, on the political and state functions, including the adjudicative function. The formation of the Christian conscience has strengthened the bond that unites sovereignty and divinity, and the modern state’s formation observed largely the Catholic Church’s structure. The problem that arises lies not in dogmatic religion discussion, but in the question of the religion’s morality, understood from the perspective of the behavior of people towards politics. The aim is to reflect on the real need to link politics and beliefs in certain pattern of religiosity, since the commitment to human values are not dependent of that belief. Furthermore, the objective is to demonstrate how religion influences the sacredness sense of justice, impregnating the judicial courts of a false aura of divinity.

  7. Evidence for deficits in reward responsivity in antisocial youth with callous-unemotional traits.

    Science.gov (United States)

    Marini, Victoria A; Stickle, Timothy R

    2010-10-01

    This study investigated reward responsivity in youth with high levels of callous-unemotional (CU) traits using a cross-sectional design. Whereas deficits in responding to punishment cues are well established in youth with CU traits, it is unclear whether responsivity to rewarding stimuli is impaired as well. Participants were 148 predominantly Caucasian, adjudicated adolescents between the ages of 11 and 17 (M = 15.1, SD = 1.4) who completed the Balloon Analogue Risk Task as part of a larger battery investigating aggression and social information processing. A Reward Responsivity variable was created to capture changes in participants' responding after receiving a reward. A hierarchical regression analysis indicated that higher levels of CU traits significantly predicted less reward responsivity, above and beyond gender, sensation seeking, and impulsivity. Results support Blair's (2004) Integrated Emotion Systems model that proposes individuals with CU traits are impaired in their responsivity to both appetitive and aversive stimuli. PMID:22448665

  8. Planned Parenthood League of Massachusetts v. Bellotti.

    Science.gov (United States)

    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

  9. Safety and efficacy of intensive vs. guideline antiplatelet therapy in high-risk patients with recent ischemic stroke or transient ischemic attack

    DEFF Research Database (Denmark)

    Christensen, Hanne Krarup

    2015-01-01

    RATIONALE: The risk of recurrence following a stroke or transient ischemic attack is high, especially immediately after the event. HYPOTHESIS: Because two antiplatelet agents are superior to one in patients with non-cardioembolic events, more intensive treatment might be even more effective. SAMPLE...... 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...... (bleeding, death, serious adverse events). DISCUSSION: The trial has recruited more than 50% of its target sample size (latest number: 2399) and is running in 104 sites in 4 countries. One-third of patients presented with a transient ischemic attack....

  10. Manufacturing and Installation of the Compound Cryogenic Distribution Line for the Large Hadron Collider

    CERN Document Server

    Riddone,, G; Bouillot, A; Brodzinski, K; Dupont, M; Fathallah, M; Fournel, JL; Gitton, E; Junker, S; Moussavi, H; Parente, C; Riddone, G

    2007-01-01

    The Large Hadron Collider (LHC) [1] currently under construction at CERN will make use of superconducting magnets operating in superfluid helium below 2 K. A compound cryogenic distribution line (QRL) will feed with helium at different temperatures and pressures the local elementary cooling loops in the cryomagnet strings. Low heat inleak to all temperature levels is essential for the overall LHC cryogenic performance. Following a competitive tendering, CERN adjudicated in 2001 the contract for the series line to Air Liquide (France). This paper recalls the main features of the technical specification and shows the project status. The basic choices and achievements for the industrialization phase of the series production are also presented, as well as the installation issues and status.

  11. Proposal to negotiate, without competitive tendering, the renewal of an existing contract for the repair, reconditioning or replacement of klystrons

    CERN Document Server

    2000-01-01

    This document concerns the repair and reconditioning of pulsed klystrons being used in both the LEP Injector Linac and the CLIC Test Facilities or their replacement by klystrons with identical performance specification in cases where neither of these actions is economically or technically viable. The Finance Committee is invited to agree to the negotiation, without competitive tendering, of the renewal of a contract with THOMSON (FR) for the repair and reconditioning or the replacement of pulsed klystrons being used in both the LEP Injector Linac and the CLIC test facilities for an estimated total amount not exceeding 1 000 000 Swiss francs. This contract is expected to run for a period of five years to cover the expected lifetime of the installation concerned. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: FR?100%.

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

    CERN Multimedia

    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

  13. Gu Jianfen Strikes Up the Melody of Life

    Institute of Scientific and Technical Information of China (English)

    1996-01-01

    IN 1987, the Fourth International Music Festival was held in Belgrade. When the Chinese song "The Green Leaves’s Love for the Root" was reverberating through the hall, the whole audience held their breath, listening attentively. This song not only moved all the people present but its approach of mode and the smooth and lyric melody left a deep impression on the adjudicators. As a result, this song won the third prize, the highest award any Chinese pop song had ever won at any international contest before 1987. The composer of this song is Gu Jianfen. Since the early 1980s, Gu Jianfen’s compositions have won her various awards in Chinese song contests. In 1985, five of her compositions won "Prize for Songs Favored by

  14. Europe’s Constitutional Law in Times of Crisis: A Human Rights Perspective

    Directory of Open Access Journals (Sweden)

    Giorgio Baruchello

    2016-03-01

    Full Text Available In this paper, we aim to survey representative constitutional amendments in the European Union’s area, whether attempted or accomplished, as well as significant adjudications by constitutional bodies, since the outset of the ongoing international economic crisis, 2008-2015. We assess these legal phenomena in light of human rights jurisprudence. Pivotal reference in our work is the recently released 7th volume of the Annuaire international des droits de l’homme, edited by G. Katrougalos, M. Figueiredo and P. Pararas under the aegis of the International Association of Constitutional Law. Have European constitutions continued to function qua civil commons in the crisis years? That, at the deepest level of value scrutiny, is the question that our joint survey and analysis aim to answer.

  15. Proposal to negotiate an amendment to an existing contract for the supply of Niobium-Titanium alloy bars for the LHC

    CERN Document Server

    2004-01-01

    This document concerns the proposal to negotiate an amendment to an existing contract for the supply of Niobium-Titanium alloy bars for the LHC. For the reasons explained in this document, the Finance Committee is invited to approve an amendment to an existing contract with the firm WAH CHANG (USA) for the supply of an additional 64.2 tonnes of Niobium-Titanium alloy bars for an amount exceeding the previously approved amount by up to 6 707 932 US dollars (8 349 363 Swiss francs), not subject to revision, bringing the total to a maximum amount of up to 51 786 805 US dollars (64 459 036 Swiss francs). The amount in Swiss francs has been calculated using the present rate of exchange. The firm has declared the following origin of the materials covered by this adjudication proposal: US - 100%.

  16. Ethics and Water Governance

    Directory of Open Access Journals (Sweden)

    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.

  17. Miscibility gap and phonon thermodynamics of Fe-Au alloys studied by inelastic neutron scattering and nuclear-resonant inelastic x-ray scattering

    Energy Technology Data Exchange (ETDEWEB)

    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.

  18. Foundation for a natural right to health care.

    Science.gov (United States)

    Eberl, Jason T; Kinney, Eleanor D; Williams, Matthew J

    2011-12-01

    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the United Nations' Universal Declaration of Human Rights (UDHR). The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary "capabilities approach" of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state.

  19. Proposal for the award of a contract for the drilling of horizontal and vertical holes in concrete and rock

    CERN Document Server

    2001-01-01

    This document concerns the award of a contract for the drilling of horizontal and vertical holes in concrete and rock. Following a market survey carried out among 49 firms in nine Member States, a call for tenders (IT-2794/ST/LHC) was sent on 14 August 2001 to nine firms and one consortium consisting of three firms, in seven Member States. By the closing date, CERN had received five tenders from four firms and one consortium in four Member States. The Finance Committee is invited to agree to the negotiation of a contract with FORBETON (CH), the lowest bidder, for the drilling of horizontal and vertical holes in concrete and rock for a total amount not exceeding 1 754 470 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 - 100%.

  20. Soluționarea amiabilă a disputelor prin intervenția celei de a treia părți

    Directory of Open Access Journals (Sweden)

    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.

  1. Baseline rationing

    DEFF Research Database (Denmark)

    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 claims......, there exist baselines (to be interpreted as objective entitlements, ideal targets, or past consumption) that might play an important role in the allocation process. The model we present is able to accommodate real-life rationing situations, ranging from resource allocation in the public health care sector...... to international protocols for the reduction of greenhouse emissions, or water distribution in drought periods. We define a family of allocation methods for such general rationing problems - called baseline rationing rules - and provide an axiomatic characterization for it. Any baseline rationing rule within...

  2. An optimized outlier detection algorithm for jury-based grading of engineering design projects

    DEFF Research Database (Denmark)

    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...

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

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2013-01-01

    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...... 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...... examination of the ICTY through each category illustrates that obstacles to the ICTY's role as a transitional justice mechanism are structural, and relate to the absence of a discursive loop between sovereign and governed. This discursive loop, present at domestic law, accounts for the capacity of domestic...

  4. HIV-1 transmission linkage in an HIV-1 prevention clinical trial

    Energy Technology Data Exchange (ETDEWEB)

    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

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

    Directory of Open Access Journals (Sweden)

    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.

  6. Tackling the "so what" problem in scientific research: a systems-based approach to resource and publication tracking.

    Science.gov (United States)

    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.

  7. Face of Justice in USA. Administrative Judges%美国的正义之脸:行政法官

    Institute of Scientific and Technical Information of China (English)

    官继慧

    2012-01-01

    法律是实现正义的重要手段,法院的法官则代表着正义。随着行政机关被赋予了行政裁决的准司法权力,主持行政裁决的行政官员们也日趋受到关注,因为他们职责的履行同样也决定着正义是否能被真正实现。美国行政法官在社会中扮演着越来越重要的角色,虽然他们没有普通法院的法官地位显赫,但由于其在实现正义上有着不可替代的作用,行政法官越来越倍受人们的尊重。%Law is the significant means for realization of justice and the judges represent justice. The ad ministrative agencies are authorized with the quasijudicial power to make administrative adjudication. The officials presiding the administrative adjudications are increasingly attracting the public's attention, since the true realization of justices also depends on these officials performance of their duties. The administra tive judges in the United States are playing an increasingly significant role in the society. Although they are not as prominent as their counterparts in the court, the administrative judges win more respect than be fore.

  8. The New Zealand Construction Contracts Amendment Act 2015 - For Better or Worse?

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    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.

  9. Early time courses of recurrent thromboembolism and bleeding during apixaban or enoxaparin/warfarin therapy. A sub-analysis of the AMPLIFY trial.

    Science.gov (United States)

    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. ’n Beoordeling van die Skrifberoep ten opsigte van die doodstraf

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    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.

  11. WHEN DISCIPLINES COLLIDE: POLYGAMY AND THE SOCIAL SCIENCES ON TRIAL

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    Jodi Lazare

    2015-02-01

    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

  12. Defending the Absurd: The Iconoclast's Guide to Section 47(1 of the Superior Courts Act 10 of 2013

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    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.

  13. Validity of COPD diagnoses reported through nationwide health insurance systems in the People’s Republic of China

    Directory of Open Access Journals (Sweden)

    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

  14. An Effective Health and Medical Technical Authority

    Science.gov (United States)

    Fogarty, Jennifer A.

    2009-01-01

    The NASA Governance model directed the formation of three Technical Authorities, Engineering; Safety and Mission Assurance; and Health and Medical, to ensure that risks are identified and adjudicated efficiently and transparently in concert with the spaceflight programs and projects. The Health and Medical Technical Authority (HMTA) has been implemented at the Johnson Space Center (JSC) and consists of the Chief Medical Office (CMO), the Deputy CMO, and HMTA Delegates. The JSC HMTA achieves the goals of risk identification and adjudication through the discharge of the appropriate technical expertise to human space flight programs and projects and the escalation of issues within program and technical authority boards. The JSC HMTA relies on subject matter experts (SMEs) in the Space Life Sciences Directorate at JSC as well as experts from other Centers to work crew health and performance issues at the technical level, develop requirements, oversee implementation and validation of requirements, and identify risks and non-compliances. Once a risk or potential noncompliance has been identified and reported to the programs or projects, the JSC HMTA begins to track it and closely monitor the program's or project's response. As a risk is developed or a non-compliance negotiated, positions from various levels of decision makers are sought at the program and project control boards. The HMTA may support a program or project position if it is satisfied with the decision making and vetting processes (ex. the subject matter expert voiced his/her concerns and all dissenting opinions were documented) and finds that the position both acknowledges the risk and cost of the mitigation and resolves the issue without changing NASA risk posture. The HMTA may disagree with a program or project position if the NASA risk posture has been elevated or obfuscated. If the HMTA does disagree with the program or project position, it will appeal to successively higher levels of authority so that

  15. Management as the art of politics.

    Science.gov (United States)

    Lumb, P D

    1993-07-01

    This discussion has furnished a personal view of some of the features involved in managing a busy surgical ICU. Experience has provided the reference frame rather than an extensive literature search and associated bibliography. Physician involvement in ICU management depends on the character of the institution and the ability of the director to influence physician, nursing, and ancillary staff behavior by force of personality rather than by relying on universally accepted behavioral covenants. The issues raised are controversial and should provoke more discussion than acceptance. It is to be hoped, however, that some of the points will be recognized as common problems requiring solution in all similar environments. "Management as the art of politics" summarizes the 1980s' approach to ICU governance, and it is fitting to question its acceptability in an era of cost containment, resource restriction, and increased awareness of the rights of a patient and his or her family to control the extent of medical care rendered. Laissez faire management is unacceptable today, and future governance will reflect increased responsibility for unit managers and the realization that the ICU is an institutional and societal resource that cannot respond to the prerogative of individual users. The Magna Carta of ICU governance remains to be written. It is inappropriate for ICU managers to assume responsibilities that preclude the prerogative of the admitting physician and appropriate medical consultants. It is equally important, however, that the medical community recognizes the importance of adjudicating access to and care within ICUs. Scarce medical resources used in these areas represent as much as 20% of all medical expenditures, the bulk of which is spent in unsuccessful ventures. Management of this resource cannot be relegated to inexperienced, naive, or self-serving clinicians. The tools for managing the ICU in the '90s have been introduced, and they will begin to define the new

  16. Viral linkage in HIV-1 seroconverters and their partners in an HIV-1 prevention clinical trial.

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    Mary S Campbell

    Full Text Available BACKGROUND: Characterization of viruses in HIV-1 transmission pairs will help identify biological determinants of infectiousness and evaluate candidate interventions to reduce transmission. Although HIV-1 sequencing is frequently used to substantiate linkage between newly HIV-1 infected individuals and their sexual partners in epidemiologic and forensic studies, viral sequencing is seldom applied in HIV-1 prevention trials. The Partners in Prevention HSV/HIV Transmission Study (ClinicalTrials.gov #NCT00194519 was a prospective randomized placebo-controlled trial that enrolled serodiscordant heterosexual couples to determine the efficacy of genital herpes suppression in reducing HIV-1 transmission; as part of the study analysis, HIV-1 sequences were examined for genetic linkage between seroconverters and their enrolled partners. METHODOLOGY/PRINCIPAL FINDINGS: We obtained partial consensus HIV-1 env and gag sequences from blood plasma for 151 transmission pairs and performed deep sequencing of env in some cases. We analyzed sequences with phylogenetic techniques and developed a Bayesian algorithm to evaluate the probability of linkage. For linkage, we required monophyletic clustering between enrolled partners' sequences and a Bayesian posterior probability of ≥ 50%. Adjudicators classified each seroconversion, finding 108 (71.5% linked, 40 (26.5% unlinked, and 3 (2.0% indeterminate transmissions, with linkage determined by consensus env sequencing in 91 (84%. Male seroconverters had a higher frequency of unlinked transmissions than female seroconverters. The likelihood of transmission from the enrolled partner was related to time on study, with increasing numbers of unlinked transmissions occurring after longer observation periods. Finally, baseline viral load was found to be significantly higher among linked transmitters. CONCLUSIONS/SIGNIFICANCE: In this first use of HIV-1 sequencing to establish endpoints in a large clinical trial, more than

  17. A Clinical Outcome-Based Prospective Study on Venous Thromboembolism After Cancer Surgery

    Science.gov (United States)

    Agnelli, Giancarlo; Bolis, Giorgio; Capussotti, Lorenzo; Scarpa, Roberto Mario; Tonelli, Francesco; Bonizzoni, Erminio; Moia, Marco; Parazzini, Fabio; Rossi, Romina; Sonaglia, Francesco; Valarani, Bettina; Bianchini, Carlo; Gussoni, Gualberto

    2006-01-01

    Summary Background Data: The epidemiology of venous thromboembolism (VTE) after cancer surgery is based on clinical trials on VTE prophylaxis that used venography to screen deep vein thrombosis (DVT). However, the clinical relevance of asymptomatic venography-detected DVT is unclear, and the population of these clinical trials is not necessarily representative of the overall cancer surgery population. Objective: The aim of this study was to evaluate the incidence of clinically overt VTE in a wide spectrum of consecutive patients undergoing surgery for cancer and to identify risk factors for VTE. Methods: @RISTOS was a prospective observational study in patients undergoing general, urologic, or gynecologic surgery. Patients were assessed for clinically overt VTE occurring up to 30 ± 5 days after surgery or more if the hospital stay was longer than 35 days. All outcome events were evaluated by an independent Adjudication Committee. Results: A total of 2373 patients were included in the study: 1238 (52%) undergoing general, 685 (29%) urologic, and 450 (19%) gynecologic surgery. In-hospital prophylaxis was given in 81.6% and postdischarge prophylaxis in 30.7% of the patients. Fifty patients (2.1%) were adjudicated as affected by clinically overt VTE (DVT, 0.42%; nonfatal pulmonary embolism, 0.88%; death 0.80%). The incidence of VTE was 2.83% in general surgery, 2.0% in gynecologic surgery, and 0.87% in urologic surgery. Forty percent of the events occurred later than 21 days from surgery. The overall death rate was 1.72%; in 46.3% of the cases, death was caused by VTE. In a multivariable analysis, 5 risk factors were identified: age above 60 years (2.63, 95% confidence interval, 1.21–5.71), previous VTE (5.98, 2.13–16.80), advanced cancer (2.68, 1.37–5.24), anesthesia lasting more than 2 hours (4.50, 1.06–19.04), and bed rest longer than 3 days (4.37, 2.45–7.78). Conclusions: VTE remains a common complication of cancer surgery, with a remarkable proportion

  18. ’n Regsteoretiese en funks ionele perspektief op die beste belange van die (minderjarige kind

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    G.H. Fick

    1991-03-01

    Full Text Available In most modern legal systems the principle of the child’s best interests is held to be the panacea for adjudication in cases of interference within an intact family unit or remediation whenever the family is split apart. But with the same conviction one has to say that the principle is not sofinely tuned. As a simple rule of decision it must be rejected , because its content oscillates between it being a (paramount? consideration amongst others and it being a norm depicting and weighing competing interests (rights. It is the premise of this article that even though the principle is indeterminate it can be made meaningful as an explicit criterion (amongst others for adjudication only in cases where the court has already intervened within a parent-child relationship and wishes to resolve the whole issue as efficaciously as possible. It is further suggested that the principle should not be applied when there is state intervention in an intact family unit. Under these circumstances the best inte re st of the child and the preservation of family life result in an undeniable paradox. The tension cannot be resolved by applying the superficially simple rule of decision, namely the child’s best interest. A more exact test needs to be applied to remove some of the anomalies and uncertainties of the well-known concept. The author of this article suggests an approach of a more delictual nature. The question needs to be answered at what stage does it become unlawful for parents to infringe upon their child’s (subjective rights or breach their legal duties towards their child, justifying court intervention in the family unit. The (positive law has not specifically determined this boundary of (objective unreasonable conduct and one has to rely on indicia relevant to a particular case, in accordance with the convictions of the community, such as the special relationship between the parties, the particular conflicting interests of the parties, the motives

  19. CATCH: a randomised clinical trial comparing long-term tinzaparin versus warfarin for treatment of acute venous thromboembolism in cancer patients

    International Nuclear Information System (INIS)

    Low-molecular-weight heparin (LMWH) is recommended and commonly used for extended treatment of cancer-associated thrombosis (CAT), but its superiority over warfarin has been demonstrated in only one randomised study. We report here the rationale, design and a priori analysis plans of Comparison of Acute Treatments in Cancer Haemostasis (CATCH; NCT01130025), a multinational, Phase III, open-label, randomised controlled trial comparing tinzaparin with warfarin for extended treatment of CAT. The primary objective is to assess the efficacy of tinzaparin in preventing recurrent venous thromboembolism (VTE) in patients with active cancer and acute, symptomatic proximal deep vein thrombosis and/or pulmonary embolism. The secondary objectives are to determine: safety of tinzaparin given over 6 months; clinical and laboratory markers for recurrent VTE and/or major bleeding; 6-month overall mortality; incidence and severity of post-thrombotic syndrome; patient-reported quality of life; and healthcare resource utilisation. Nine hundred patients are randomised to receive tinzaparin 175 IU/kg once daily for 6 months or initial tinzaparin 175 IU/kg once daily for 5–10 days and dose-adjusted warfarin (target INR 2.0–3.0) for 6 months. The primary composite outcome is time to recurrent VTE, including incidental VTE and fatal pulmonary embolism. All patients are followed up to 6 months or death, whichever comes sooner. Blinded adjudication will be performed for all reported VTE, bleeding events and causes of death. Efficacy will be analysed using centrally adjudicated results of all patients according to intention-to-treat analysis. An independent Data Safety Monitoring Board is reviewing data at regular intervals and an interim analysis is planned after 450 patients have completed the study. The results will add significantly to the knowledge of the efficacy, safety and cost effectiveness of tinzaparin in the prevention of recurrent VTE in patients with cancer and thrombosis

  20. Acceptance rate of clinical study endpoints and adequacy of source documentation: experience from clinical study endpoint review in NEAT001/ANRS143

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    Juan Berenguer

    2014-11-01

    Full Text Available Introduction: NEAT001/ANRS143 was an open-label, randomized, non-inferiority study comparing raltegravir+darunavir/r(RGV+DRV/r vs. tenofovir/emtricitabine+darunavir/r (TDF/FTC+DRV/r in HIV-infected antiretroviral naïve adults. Primary efficacy outcome was a composite of virological and clinical events by week 96. Materials and Methods: Clinical trial units collected and translated supporting documentation (SD related to the investigator-reported events. A coordinator checked events and SD for consistency and completeness. The Endpoint Review Committee (ERC determined if clinical events met pre-defined diagnostic criteria in categories “confirmed” or “probable”. The ERC of 12 experienced, independent clinicians served in groups of three conducting individual reviews in writing, blinded to treatment arm. Differences of opinion were adjudicated in a second review by direct dialogue between reviewers. “Confirmed” events required adequate SD like laboratory, radiographic or pathology diagnostic reports. “Probable” events were typically based on clinical criteria. Results: Of the 164 serious and 3,964 adverse events reported in the study, 133 qualified for endpoint review, for a total of 153 adjudications:Sixty of 111 per protocol endpoints were confirmed (n=53 or probable (n=7, which equals an acceptance rate of 54%. In two confirmed cases, SD was partly adequate and evaluation uncertain. Of 51 rejected events, 13 had insufficient SD, two were recurrent events. The rate of rejected events was comparable between treatments with 41% rejected events in the RGV+DRV/r arm compared to 52% in the TDF/FTC+DRV/r arm. The IRIS acceptance rate was low (3 of 18, demonstrating the difference in perception of IRIS in daily patient management and the stricter protocol definition. Conclusions: Blinded endpoint review prevented unacceptably high false positive event rates documenting that real-time ascertainment of clinical endpoints is crucial for

  1. The Core Meaning of Human Dignity

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    Rinie Steinmann

    2016-06-01

    Full Text Available The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult to define human dignity in a legal context, as the concept is not defined in the first international document which recognizes inherent human dignity and the protection thereof, the Universal Declaration of Human Rights (1946 and many international (and national documents enacted thereafter. Despite dissensus regarding the widespread use of the concept, dignity has come to display three elements in constitutional adjudication post World War Two: the ontological element which entails that human beings have equal inherent human dignity that cannot be waived or diminished; the second element being the claim that inherent human dignity has to be recognised and respected; and the limited-state claim as the third element which entails that states have a positive obligation to progressively realise human dignity through the mechanism of socio-economic rights. It is widely accepted that these elements root in Kantian moral ethics which holds that man's autonomy is based upon universal dignity, as a result of which man should never be used as a means to an end, but only as a means in himself. Kant expressed this idea through formulation of a categorical imperative, namely that everyone's inherent human dignity has to be respected and protected universally. The preamble of the Universal Declaration of Human Rights (1946, article 1(1 of the German Basic Law and section 10 of the Constitution of the Republic of South Africa, 1996 embody the elements of Kant's categorical imperative. As a result, the three elements are applied as a definitional term of human dignity in German and South African constitutional adjudication. Based on these elements, it can be argued that the current idea of universal inherent dignity, at least in German and

  2. The mystery of language evolution.

    Science.gov (United States)

    Hauser, Marc D; Yang, Charles; Berwick, Robert C; Tattersall, Ian; Ryan, Michael J; Watumull, Jeffrey; Chomsky, Noam; Lewontin, Richard C

    2014-01-01

    Understanding the evolution of language requires evidence regarding origins and processes that led to change. In the last 40 years, there has been an explosion of research on this problem as well as a sense that considerable progress has been made. We argue instead that the richness of ideas is accompanied by a poverty of evidence, with essentially no explanation of how and why our linguistic computations and representations evolved. We show that, to date, (1) studies of nonhuman animals provide virtually no relevant parallels to human linguistic communication, and none to the underlying biological capacity; (2) the fossil and archaeological evidence does not inform our understanding of the computations and representations of our earliest ancestors, leaving details of origins and selective pressure unresolved; (3) our understanding of the genetics of language is so impoverished that there is little hope of connecting genes to linguistic processes any time soon; (4) all modeling attempts have made unfounded assumptions, and have provided no empirical tests, thus leaving any insights into language's origins unverifiable. Based on the current state of evidence, we submit that the most fundamental questions about the origins and evolution of our linguistic capacity remain as mysterious as ever, with considerable uncertainty about the discovery of either relevant or conclusive evidence that can adjudicate among the many open hypotheses. We conclude by presenting some suggestions about possible paths forward. PMID:24847300

  3. 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.

    Science.gov (United States)

    Ota, Kaede V; McGowan, Karin L

    2012-04-01

    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 as positivity by CCNA or positivity by LAMP plus another test (GDH, CDT, or the Premier C. difficile toxin A and B enzyme immunoassay [P-EIA]). A total of 141 specimens from 141 patients yielded 27 TPs and 19% prevalence. Sensitivity, specificity, positive predictive value, and negative predictive value were 56%, 100%, 100%, and 90% for P-EIA and 81%, 100%, 100%, and 96% for both algorithm 1 and algorithm 2. In summary, GDH-based algorithms detected C. difficile infections with superior sensitivity compared to P-EIA. The algorithms allowed immediate reporting of half of all TPs, but LAMP or CCNA was required to confirm the presence or absence of toxigenic C. difficile in GDH-positive/CDT-negative specimens. PMID:22259201

  4. How science makes environmental controversies worse

    International Nuclear Information System (INIS)

    I use the example of the 2000 US Presidential election to show that political controversies with technical underpinnings are not resolved by technical means. Then, drawing from examples such as climate change, genetically modified foods, and nuclear waste disposal, I explore the idea that scientific inquiry is inherently and unavoidably subject to becoming politicized in environmental controversies. I discuss three reasons for this. First, science supplies contesting parties with their own bodies of relevant, legitimated facts about nature, chosen in part because they help make sense of, and are made sensible by, particular interests and normative frameworks. Second, competing disciplinary approaches to understanding the scientific bases of an environmental controversy may be causally tied to competing value-based political or ethical positions. The necessity of looking at nature through a variety of disciplinary lenses brings with it a variety of normative lenses, as well. Third, it follows from the foregoing that scientific uncertainty, which so often occupies a central place in environmental controversies, can be understood not as a lack of scientific understanding but as the lack of coherence among competing scientific understandings, amplified by the various political, cultural, and institutional contexts within which science is carried out. In light of these observations, I briefly explore the problem of why some types of political controversies become 'scientized' and others do not, and conclude that the value bases of disputes underlying environmental controversies must be fully articulated and adjudicated through political means before science can play an effective role in resolving environmental problems

  5. Limits of generalization between categories and implications for theories of category specificity.

    Science.gov (United States)

    Bukach, Cindy M; Phillips, W Stewart; Gauthier, Isabel

    2010-10-01

    Both domain-specific and expertise accounts of category specialization assume that generalization occurs within a domain but not between domains. Yet it is often difficult to define the boundaries and critical features of object domains. Differences in how categories are defined make it difficult to adjudicate between accounts of category specificity and may lead to contradictory results. For example, evidence for whether car experts recruit the fusiform face area is mixed, and this inconsistency may be due to the inclusion of antique cars in one of those previous studies (e.g., Grill-Spector, Knouf, & Kanwisher, 2004). The present study tested the generalization of expertise from modern to antique cars and found that modern-car experts showed expert discrimination and holistic processing of modern cars but not of antique cars. These findings suggest that the neural specialization underlying perceptual expertise is highly specific and may not generalize to distinct subclasses, even when they share some degree of perceptual and conceptual features.

  6. Reducing the hospital burden of heparin-induced thrombocytopenia: impact of an avoid-heparin program.

    Science.gov (United States)

    McGowan, Kelly E; Makari, Joy; Diamantouros, Artemis; Bucci, Claudia; Rempel, Peter; Selby, Rita; Geerts, William

    2016-04-21

    Heparin-induced thrombocytopenia (HIT) is an adverse drug reaction occurring in up to 5% of patients exposed to unfractionated heparin (UFH). We examined the impact of a hospital-wide strategy for avoiding heparin on the incidence of HIT, HIT with thrombosis (HITT), and HIT-related costs. The Avoid-Heparin Initiative, implemented at a tertiary care hospital in Toronto, Ontario, Canada, since 2006, involved replacing UFH with low-molecular-weight heparin (LMWH) for prophylactic and therapeutic indications. Consecutive cases with suspected HIT from 2003 through 2012 were reviewed. Rates of suspected HIT, adjudicated HIT, and HITT, along with HIT-related expenditures were compared in the pre-intervention (2003-2005) and the avoid-heparin (2007-2012) phases. The annual rate of suspected HIT decreased 42%, from 85.5 per 10 000 admissions in the pre-intervention phase to 49.0 per 10 000 admissions in the avoid-heparin phase ( ITALIC! Pheparin phase. To the best of our knowledge, this is the first study demonstrating the success and feasibility of a hospital-wide HIT prevention strategy.

  7. Crowdsourcing and mobile services for a fit-for-purpose Cadastre in Greece

    Science.gov (United States)

    Gkeli, Maria; Apostolopoulos, Konstantinos; Mourafetis, George; Ioannidis, Charalabos; Potsiou, Chryssy

    2016-08-01

    A `fit-for-purpose' approach is suggested by FIG, the UN and the World Bank as the appropriate methodology for implementing a land administration system depending on a country's urgent priorities. In this paper, the current official process for the implementation of the Hellenic Cadastre is analyzed and compared to the "fit-for-purpose" model. Some amendments are proposed to replace the initial stage of the data collection official procedure, to make it more fast, efficient and complete. These amendments are tested by a team of researchers of NTUA and the achieved results are presented. The methodology aims to save time, avoid gross errors and additional funds, and provide fast solutions for the completion of the National Cadastral reliably and affordably, during the period of the economic crisis in Greece, with increased citizens' participation and the use of modern IT tools for the adjudication of the owners, the property rights and the other cadastral data acquisition. New m-services are proposed for the compilation of the cadastral surveys, supported by crowdsourcing techniques. A case study for a suburban area is reported. For the new procedure an open source, self-developed application named BoundGeometry, is used. The new procedure is compared to the official one in terms of time, quality, accuracy and gross errors avoidance. Legal matters related to the adoption of the proposed amendments by the National Cadastral Agency of Greece are also taken into account.

  8. Outpatient provider concentration and commercial colonoscopy prices.

    Science.gov (United States)

    Pozen, Alexis

    2015-01-01

    The objective was to evaluate the magnitude of various contributors to outpatient commercial colonoscopy prices, including market- and provider-level factors, especially market share. We used adjudicated fee-for-service facility claims from a large commercial insurer for colonoscopies occurring in hospital outpatient department or ambulatory surgery center from October 2005 to December 2012. Claims were matched to provider- and market-level data. Linear fixed effects regressions of negotiated colonoscopy price were run on provider, system, and market characteristics. Markets were defined as counties. There were 178,433 claims from 169 providers (104 systems). The mean system market share was 76% (SD = 0.34) and the mean real (deflated) price was US$1363 (SD = 374), ranging from US$169 to US$2748. For every percentage point increase in a system or individual facility's bed share, relative price increased by 2 to 4 percentage points; this result was stable across a number of specifications. Market population and price were also consistently positively related, though this relation was small in magnitude. No other factor explained price as strongly as market share. Price variation for colonoscopy was driven primarily by market share, of particular concern as the number of mergers increases in wake of the recession and the Affordable Care Act. Whether variation is justified by better quality care requires further research to determine whether quality is subsumed in prices.

  9. Psychopathy and violence: Does antisocial cognition mediate the relationship between the PCL: YV factor scores and violent offending?

    Science.gov (United States)

    Walters, Glenn D; DeLisi, Matt

    2015-08-01

    The purpose of this study was to determine whether proactive and reactive antisocial cognition mediate the effect of Factors 1 (core personality features) and 2 (behavioral deviance) of the Psychopathy Checklist: Youth Version (PCL: YV; Forth, Kosson, & Hare, 2003) on violent offending. In this study Bandura et al.'s (1996) Moral Disengagement (MD) scale and the Impulse Control (IC) scale of the Weinberger Adjustment Inventory (WAI; Weinberger & Schwartz, 1990) served as proxies for proactive and reactive antisocial cognition, respectively. It was hypothesized that proactive antisocial cognition (MD) would mediate the Factor 1-violence relationship and that both proactive antisocial cognition and reactive antisocial cognition (IC) would mediate the Factor 2-violence relationship. A 3-wave path analysis of data from 1,354 adjudicated delinquents produced results consistent with the first part of the hypothesis (i.e., proactive antisocial mediation of the Factor 1-violence relationship) but inconsistent with the second part of the hypothesis (i.e., only proactive antisocial cognition mediated the Factor 2-violence relationship). Whereas the direct path from Factor 1 to violent offending was no longer significant when MD and IC were taken into account, the direct path from Factor 2 to violent offender remained significant even after MD and IC were included as mediators. This suggests that whereas proactive antisocial cognition plays a major role in mediating the Factor 1-violence relationship, the Factor 2-violence relationship is mediated by proactive antisocial cognition and variables not included or not adequately covered in the current study.

  10. 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.

    Science.gov (United States)

    Ota, Kaede V; McGowan, Karin L

    2012-04-01

    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 as positivity by CCNA or positivity by LAMP plus another test (GDH, CDT, or the Premier C. difficile toxin A and B enzyme immunoassay [P-EIA]). A total of 141 specimens from 141 patients yielded 27 TPs and 19% prevalence. Sensitivity, specificity, positive predictive value, and negative predictive value were 56%, 100%, 100%, and 90% for P-EIA and 81%, 100%, 100%, and 96% for both algorithm 1 and algorithm 2. In summary, GDH-based algorithms detected C. difficile infections with superior sensitivity compared to P-EIA. The algorithms allowed immediate reporting of half of all TPs, but LAMP or CCNA was required to confirm the presence or absence of toxigenic C. difficile in GDH-positive/CDT-negative specimens.

  11. Effectiveness of structured, hospital-based, nurse-led atrial fibrillation clinics

    DEFF Research Database (Denmark)

    Qvist, Ina; Hendriks, Jeroen M L; Møller, Dorthe S;

    2016-01-01

    . The composite primary end point occurred with an incidence rate of 8.0 (95% CI 6.1 to 10.4) per 100 person-years in the real-world population and 8.3 (95% CI 6.3 to 10.9) per 100 person-years in the clinical trial, with a crude HR of 0.83 (95% CI 0.56 to 1.23). CONCLUSIONS: Structured, nurse-led, hospital......OBJECTIVE: A previous randomised trial showed that structured, nurse-led atrial fibrillation (AF) care is superior to conventional AF care, although further research is needed to determine the outcomes of such care in a real-world setting. We compared the outcomes of patients in real-world, nurse....... Outcome measures were adjudicated by the same principles in both cohorts. RESULTS: A total of 596 patients from the real world and 356 patients from a clinical trial were included in this study. No significant difference between groups with respect to age, type of AF or CHA2DS2VASc score was found...

  12. Batch Model for Batched Timestamps Data Analysis with Application to the SSA Disability Program

    Science.gov (United States)

    Yue, Qingqi; Yuan, Ao; Che, Xuan; Huynh, Minh; Zhou, Chunxiao

    2016-01-01

    The Office of Disability Adjudication and Review (ODAR) is responsible for holding hearings, issuing decisions, and reviewing appeals as part of the Social Security Administration’s disability determining process. In order to control and process cases, the ODAR has established a Case Processing and Management System (CPMS) to record management information since December 2003. The CPMS provides a detailed case status history for each case. Due to the large number of appeal requests and limited resources, the number of pending claims at ODAR was over one million cases by March 31, 2015. Our National Institutes of Health (NIH) team collaborated with SSA and developed a Case Status Change Model (CSCM) project to meet the ODAR’s urgent need of reducing backlogs and improve hearings and appeals process. One of the key issues in our CSCM project is to estimate the expected service time and its variation for each case status code. The challenge is that the systems recorded job departure times may not be the true job finished times. As the CPMS timestamps data of case status codes showed apparent batch patterns, we proposed a batch model and applied the constrained least squares method to estimate the mean service times and the variances. We also proposed a batch search algorithm to determine the optimal batch partition, as no batch partition was given in the real data. Simulation studies were conducted to evaluate the performance of the proposed methods. Finally, we applied the method to analyze a real CPMS data from ODAR/SSA.

  13. The Health Insurance Portability and Accountability Act: security and privacy requirements.

    Science.gov (United States)

    Tribble, D A

    2001-05-01

    The security and privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and their implications for pharmacy are discussed. HIPAA was enacted to improve the portability of health care insurance for persons leaving jobs. A section of the act encourages the use of electronic communications for health care claims adjudication, mandates the use of new standard code sets and transaction sets, and establishes the need for regulations to protect the security and privacy of individually identifiable health care information. Creating these regulations became the task of the Department of Health and Human Services. Regulations on security have been published for comment. Regulations on privacy and the definition of standard transaction sets and code sets are complete. National identifiers for patients, providers, and payers have not yet been established. The HIPAA regulations on security and privacy will require that pharmacies adopt policies and procedures that limit access to health care information. Existing pharmacy information systems may require upgrading or replacement. Costs of implementation nationwide are estimated to exceed $8 billion. The health care community has two years from the finalization of each regulation to comply with that regulation. The security and privacy requirements of HIPAA will require pharmacies to review their practices regarding the storage, use, and disclosure of protected health care information. PMID:11351916

  14. RECIDIVISM AFTER A TREATMENT IN A DISCIPLINARY CENTRE FOR JUVENILES

    Directory of Open Access Journals (Sweden)

    Ranko KOVACEVIC

    2014-09-01

    Full Text Available The aim of this paper is to examine recidivists’ and non-recidivists’ differences in characteristics of the psychosocial functioning after a treatment in a Disciplinary Centre for Juveniles in Sarajevo Canton, the Federation of Bosnia and Herzegovina. The research was conducted on a sample of 131 juvenile delinquents adjudicated with the educational measure of referral to the juvenile disciplinary centre. The statistical analysis was performed in the SPSS 17.0 program package. The differences between recidivists and non-recidivists were measured using Mann-Whitney test on all variables. A group of four variables were compared by: (a school factors, (b family factors, (c spare time activities and peer relationships and (d personality and behaviour of juveniles. The results have shown that risk factors are more pronounced in recidivists in all four areas of the psychosocial functioning. The largest difference is in the areas related to spare time activities and peer-relationships, as well as family functioning. The results indicate that the intensified treatment should focus on these areas in order to prevent recidivism.

  15. La Kermesse: arte y política en el Rojas

    Directory of Open Access Journals (Sweden)

    Syd Krochmalny

    2012-07-01

    Full Text Available Entre junio de 1989 y julio de 1992, la producción cultural de los artistas ligados a la Galería del Centro Cultural Rojas fue prefigurada en una estética sin constituir un relato. En agosto de 1992, la crítica periodística le adjudicó una identidad sustantiva con la formulación del epíteto “arte light”, que aludía a teorías sociales en boga, y una entidad social y narrativa con la etiqueta “arte del Rojas”. Desde los enunciados fragmentarios, el discurso que redujo al círculo social del Rojas a una “estética sustancial” y una “entidad institucional”, se convirtió en 1993 en un campo de lucha y toma de posiciones entre artistas con distintas trayectorias políticas pero que formaban parte de un mundo social y cultural común. El objetivo de este trabajo es mostrar el proceso de formación discursiva, las resistencias y luchas en relación con las trayectorias de los artistas y los círculos sociales del Centro Cultural Rojas.

  16. Insertion of singlet chlorocarbenes across C-H bonds in alkanes: Evidence for two phase mechanism

    Indian Academy of Sciences (India)

    M Ramalingam; K Ramasami; P Venuvanalingam

    2007-09-01

    Transition states for the insertion reactions of singlet mono and dichlorocarbenes (1CHCl and 1CCl2) into C-H bonds of alkanes (methane, ethane, propane and -butane) have been investigated at MP2 and DFT levels with 6-31g ( , ) basis set. The of 1CHCl and 1CCl2 may interact with alkane’s filled fragment orbital of either or symmetry. So chlorocarbenes insertion reactions have been investigated for both (/) approaches. The approach has been adjudicated to be the minimum energy path over the approach both at the MP2 and DFT levels. Mulliken, NPA and ESP derived charge analyses have been carried out along the minimal energy reaction path using the IRC method for 1CHCl and 1CCl2 insertions into the primary and secondary C-H bonds of propane. The occurrence of TSs either in the electrophilic or nucleophilic phase has been identified through NBO charge analyses in addition to the net charge flow from alkane to the carbene moiety.

  17. Validation of a computer case definition for sudden cardiac death in opioid users

    Directory of Open Access Journals (Sweden)

    Kawai Vivian K

    2012-08-01

    Full Text Available Abstract Background To facilitate the use of automated databases for studies of sudden cardiac death, we previously developed a computerized case definition that had a positive predictive value between 86% and 88%. However, the definition has not been specifically validated for prescription opioid users, for whom out-of-hospital overdose deaths may be difficult to distinguish from sudden cardiac death. Findings We assembled a cohort of persons 30-74 years of age prescribed propoxyphene or hydrocodone who had no life-threatening non-cardiovascular illness, diagnosed drug abuse, residence in a nursing home in the past year, or hospital stay within the past 30 days. Medical records were sought for a sample of 140 cohort deaths within 30 days of a prescription fill meeting the computer case definition. Of the 140 sampled deaths, 81 were adjudicated; 73 (90% were sudden cardiac deaths. Two deaths had possible opioid overdose; after removing these two the positive predictive value was 88%. Conclusions These findings are consistent with our previous validation studies and suggest the computer case definition of sudden cardiac death is a useful tool for pharmacoepidemiologic studies of opioid analgesics.

  18. Defining Beneficiaries of Collective Reparations: The experience of the IACtHR

    Directory of Open Access Journals (Sweden)

    Diana Contreras-Garduño

    2012-09-01

    Full Text Available

    Under international law, it is uncontested that the victims of gross and systematic human rights violations have the right to reparation. International tribunals have granted collective reparations as the most appropriate kind of reparation for these violations. This has been re-affirmed by the recent decision on reparations of the International Criminal Court in the Lubanga case. Since gross and systematic human rights violations involve large numbers of victims, collective reparations seem to be appropriate as they seek to provide redress to groups and communities. Yet, while there is a trend of international tribunals adjudicating gross human rights violations resorting to collective reparations, these reparations face numerous ambiguities such as the lack of a single definition and clear guidelines for the identification of their beneficiaries. This article examines the experience of the Inter-American Court of Human Rights, pioneer of collective reparations, in the identification of beneficiaries of gross and systematic human rights violations.

  19. The information use environment of abused and neglected children

    Directory of Open Access Journals (Sweden)

    J.A. Hersberger

    2006-01-01

    Full Text Available Introduction. When children are adjudicated by a court of law as being maltreated, they are summarily removed from their homes, resulting in a disruption of their daily lives. This pilot study examines the context in which maltreated children seek and use information to cope with this stressful period of their lives. Method. This study applies Taylor's four components of information use environments to look at the user and the uses of information and the contexts within which those users make choices about what information is useful to them at particular times. Analysis. The characteristics of foster children as a population are examined and the settings in which such children seek information are described. The problems experienced by children, which are linked to information seeking, are articulated as are problem resolutions. Results. The most important finding of this study is the determination that there are three clearly differentiated phases of information needs and seeking corresponding to the three phases of adjustment the children experience. Conclusion. Understanding problem phases underpinning everyday life contexts in foster care environments afford support personnel who provide information to these children better insights into what helps and what results in increasing anxiety or causes more trauma.

  20. Ill-placed democracy: ethics consultations and the moral status of voting.

    Science.gov (United States)

    Fiester, Autumn M

    2011-01-01

    As groups around the country begin to craft standards for clinical ethics consultations, one focus of that work is the proper procedure for conducting ethics consults. From a recent empirical look into the workings of ethics consult services (ECSs), one worrisome finding is that some ECSs rely on a committee vote when making a recommendation. This article examines the practice of voting and its moral standing as a procedural strategy for arriving at a clinical ethics recommendation. I focus here on the type of clinical ethics conflicts that are most likely to lead an ECS to vote, namely, conflicts involving ethical uncertainty--or, in the Greek, aporia. I argue that in cases of aporia, voting on an ethics conflict is not a morally justifiable procedure. Then on the same grounds that I use to show that voting is ethically problematic, I raise broader concerns about the common practice of making recommendations by other procedures. In contrast to the standard approach of adjudicating between moral claims, I argue that ECSs can best resolve aporetic conflict through the process of clinical ethics mediation.