WorldWideScience

Sample records for adjudication

  1. 20 CFR 320.6 - Adjudicating office.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Adjudicating office. 320.6 Section 320.6... DETERMINATIONS § 320.6 Adjudicating office. (a) The term “adjudicating office” means any subordinate office of... respect to claims for benefits. The following paragraphs state which offices of the Board are...

  2. 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...

  3. 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...

  4. 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...

  5. 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...

  6. 32 CFR 732.20 - Adjudication authorities.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Adjudication authorities. 732.20 Section 732.20 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY PERSONNEL NONNAVAL MEDICAL AND....S. Naval Hospital, Yokosuka, Japan), for care rendered in Japan, Korea, and Okinawa. (4)...

  7. 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

  8. 77 FR 7115 - Committee on Adjudication

    Science.gov (United States)

    2012-02-10

    ... the Administrative Conference of the United States (ACUS). The meeting will involve discussion of a... Governance Institute and Brookings Institution) for ACUS's ``Immigration Adjudication'' project. The... Administrative Conference Web site, which can be accessed at: http://www.acus.gov/forum/ . The public may...

  9. 28 CFR 907.5 - Sanction adjudication.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Sanction adjudication. 907.5 Section 907.5 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL COMPACT COUNCIL... this Part by asking the Compact Council Chairman for an opportunity to address the Compact Council....

  10. 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...

  11. 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...

  12. 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

    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......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...

  13. 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

    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......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...

  14. 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.

  15. 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…

  16. 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...

  17. 15 CFR 2.5 - Adjudication and settlement of claims.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Adjudication and settlement of claims. 2.5 Section 2.5 Commerce and Foreign Trade Office of the Secretary of Commerce PROCEDURES FOR... claims. (a) Upon receipt of a claim by the Assistant General Counsel for Finance and Litigation, the...

  18. 12 CFR 1705.26 - Decision of the adjudicative officer.

    Science.gov (United States)

    2010-01-01

    ... ACT Procedures for Filing and Consideration of the Application for Award § 1705.26 Decision of the... acted in bad faith, or whether special circumstances would make the award unjust. (e) In decisions on... adversary adjudication or whether special circumstance make the award unjust....

  19. 76 FR 45337 - Rules of Practice for Adjudication Proceedings

    Science.gov (United States)

    2011-07-28

    ..., 58832-33 (Oct. 7, 2008). The Rules adopted herein are animated by the experiences of these agencies. Drawing from best practices of existing agency adjudication processes, these Rules look to learn from and... evidentiary hearings. Section 1081.102 Rules of Construction This section, drawn from the Uniform Rules,...

  20. 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.

  1. Improving Virtual / Constructive Training and Experimentation with Human Adjudication

    Science.gov (United States)

    2011-12-01

    most common situations involve modeling errors. They may also involve secondary effects of those errors. One such example would be if a rifle shoots ...player requests an adjudication to reconstitute 15 members of his unit because "an enemy soldier appeared out of nowhere and began shooting ." When...Aviation EAE – Fort Rucker NOSC, NEAE – Fort Gordon SMDC - Redstone Models, Tools and Systems OneSAF CES CRA -P Network Timeserver Representation: COMMS

  2. Outcome assessment for clinical trials: how many adjudicators do we need? Canadian Lung Oncology Group.

    Science.gov (United States)

    Walter, S D; Cook, D J; Guyatt, G H; King, D; Troyan, S

    1997-02-01

    Considerable effort is often expended to adjudicate outcomes in clinical trials, but little has been written on the administration of the adjudication process and its possible impact on study results. As a case study, we describe the function and performance of an adjudication committee in a large randomized trial of two diagnostic approaches to potentially operable lung cancer. Up to five independent adjudicators independently determined two primary outcomes: tumor status at death or at final follow-up and the cause of death. Patients for whom there was any disagreement were discussed in committee until a consensus was achieved. We describe the pattern of agreement among the adjudicators and with the final consensus result. Additionally, we model the adjudication process and predict the results if a smaller committee had been used. We found that reducing the number of adjudicators from five to two or three would probably have changed the consensus outcome in less than 10% of cases. Correspondingly, the effect on the final study results (comparing primary outcomes in both randomized arms) would have been altered very little. Even using a single adjudicator would not have affected the results substantially. About 90 minutes of person-time per patient was required for activities directly related to the adjudication process, or approximately 6 months of full time work for the entire study. This level of effort could be substantially reduced by using fewer adjudicators with little impact on the results. Thus, we suggest that when high observer agreement is demonstrated or anticipated, adjudication committees should consist of no more than three members. Further work is needed to evaluate if smaller committees are adequate to detect small but important treatment effects or if they compromise validity when the level of adjudicator agreement is lower.

  3. The Role of Quality in the Adjudication of Public Tenders

    Directory of Open Access Journals (Sweden)

    Geo Quinot

    2014-08-01

    Full Text Available The quality of the goods or services that government procures is obviously a very important consideration in deciding which supplier should be awarded a particular public tender. It follows that in the regulation of public procurement, particular attention should be given to the role of quality (also called functionality in the adjudication of public tenders and the final award decision. In South African public procurement law, the role of functionality in public tender adjudication has been a fairly controversial issue that has resulted in a continuing interaction between courts and law-makers on how and when quality should be assessed and should impact on the final award decision within the framework for public procurement found in section 217 of the Constitution. This contribution tracks the development of the role of functionality in public tender adjudication as prescribed by public procurement regulation since the enactment of the Preferential Procurement Policy Framework Act 5 of 2000, which spearheaded the development of contemporary public procurement regulation in South Africa. The analysis shows how the role of functionality has constantly changed since the enactment of the PPPFA and remains uncertain. This uncertainty relates to different interpretations of the constitutional requirements for public procurement primarily contained in section 217(1 of the Constitution. Whether functionality is used as a qualification criterion, an award criterion or both holds particular practical implications for both suppliers and contracting authorities. It is accordingly important to have certainty on this question. However, it cannot be said that the Constitution and section 217 in particular dictates one approach rather than another. The issue should thus be resolved with reference to the statutory scheme adopted under the PPPFA.

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

    DEFF Research Database (Denmark)

    Kjoller, Erik; Hilden, Jorgen; Winkel, Per;

    2012-01-01

    OBJECTIVE: 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 event...

  5. Constitutional Adjudication in Colombia: Avant-Garde or Case law Transplant? A Literature Review

    Directory of Open Access Journals (Sweden)

    Liliana Lizarazo-Rodríguez

    2011-03-01

    Full Text Available Colombia is mentioned, together with the US, Uruguay, Argentina and Mexico, as one of the first countries worldwide to adopt the judicial review as a means for adjudicating on the constitutionality of legislation. In recent years, and particularly since the enactment of the Political Constitution of 1991, the Colombian Constitutional Court is also mentioned as a notorious example of judicial activism in terms of legislating through the constitutional adjudication process. This article presents a literature review on the globalization of judicial review and the contemporary methods of constitutional adjudication (including the balancing method, in order to assess the uniqueness and avantgarde nature of constitutional adjudication in Colombia in the global context. Brief reference is also made to the literature on the institutional limitations faced by less developed countries, inasmuch as they affect the way constitutional adjudication is applied and perceived.

  6. 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.

  7. 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

  8. 16 CFR 3.13 - Adjudicative hearing on issues arising in rulemaking proceedings under the Fair Packaging and...

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Adjudicative hearing on issues arising in rulemaking proceedings under the Fair Packaging and Labeling Act. 3.13 Section 3.13 Commercial Practices... PROCEEDINGS Pleadings § 3.13 Adjudicative hearing on issues arising in rulemaking proceedings under the...

  9. 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…

  10. 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...

  11. Experiential Education as an Integral Part of Day Treatment for Adjudicated Delinquent Youth.

    Science.gov (United States)

    Gaus, Charles

    The role of experiential education is the focus of this paper describing the treatment program at De La Salle Vocational, a day vocational high school for adjudicated delinquent youth. The paper begins by discussing the characteristics and needs of the students and describing the Off-Campus Program, a 3-year research model designed to address the…

  12. 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...

  13. 77 FR 1049 - Notice of Public Meetings of the Committee on Adjudication of the Administrative Conference of...

    Science.gov (United States)

    2012-01-09

    ... ``About'' section of the Conference's Web site, at http://www.acus.gov . Click on ``About,'' then on ``The Committees,'' and then on ``Committee on Adjudication.'' Comments may be submitted by email to...

  14. 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. 

  15. Fibromyalgia and Disability Adjudication: No Simple Solutions to a Complex Problem

    Directory of Open Access Journals (Sweden)

    Manfred Harth

    2014-01-01

    Full Text Available BACKGROUND: Adjudication of disability claims related to fibromyalgia (FM syndrome can be a challenging and complex process. A commentary published in the current issue of Pain Research & Management makes suggestions for improvement. The authors of the commentary contend that: previously and currently used criteria for the diagnosis of FM are irrelevant to clinical practice; the opinions of family physicians should supersede those of experts; there is little evidence that trauma can cause FM; no formal instruments are necessary to assess disability; and many FM patients on or applying for disability are exaggerating or malingering, and tests of symptoms validity should be used to identify malingerers.

  16. 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.

  17. 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.

  18. 77 FR 25121 - Notice of Public Meeting of the Committee on Adjudication of the Administrative Conference of the...

    Science.gov (United States)

    2012-04-27

    ... Web site, at http://www.acus.gov . Click on ``Research,'' then on ``Committee Meetings.'' Comments may be submitted by email to Comments@acus.gov , with ``Committee on Adjudication'' in the subject line... 20th Street NW., Suite 706 South, Washington, DC 20036; Telephone 202-480-2080; Email:...

  19. 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…

  20. The Influence of Living Situations on Family Therapy Involvement Among Youth Adjudicated of a Sexual Crime.

    Science.gov (United States)

    Yoder, Jamie R

    2016-04-01

    Clinical and research professionals working with youth who have sexually offended have increasingly advocated for community-based care. However, other scholars have noted the appropriateness of residential placements for many youth. Research is inconclusive concerning the degree to which youth with sexually harmful behaviors receive family services, particularly family therapy in either community-based care settings or residential settings, and has yet to thoroughly identify how placement influences family therapy involvement. This study reviews the files of youth who have been adjudicated of a sexual crime (N = 85) to quantitatively identify how living situations influence family therapy involvement. Using bivariate estimations, findings reveal that youth living out of the home and those who change placements were more involved in family therapy than those treated in their own communities or homes. Implications and future research directions are considered.

  1. Crime and substance misuse in adjudicated delinquent youth: the worst of both worlds.

    Science.gov (United States)

    Walters, Glenn D

    2014-04-01

    The purpose of this study was to determine whether comorbid offending and substance misuse in previously adjudicated delinquents correlated better with measures of concurrent antisocial cognition and personality and subsequent criminality and substance misuse than offending or substance misuse alone. A sample of 1,177 youths was divided into four groups based on self-reported crime and substance misuse data from Wave 4 (ages 16-21) of the Pathways to Desistance study (Mulvey, 2012): a no-crime and substance-misuse (NCS) group, a crime-only (CO) group, a substance-misuse-only (SO) group, and a crime and substance-misuse (C&S) group. As predicted, youths in the C&S group earned significantly higher scores on concurrent measures of neuroticism, grandiosity/manipulation, callousness/unemotionality, impulsivity/irresponsibility, and moral disengagement, and significantly lower scores on measures of agreeableness, conscientiousness, impulse control, suppression of aggression, and consideration of others than did youths in the other three groups. Prospective analyses revealed that C&S participants engaged in more subsequent crime and experienced more substance-related social problems than participants in the other three groups and reported significantly more substance-related dependency symptoms and episodes of alcohol/drug treatment than participants in the NCS and CO groups. Hence, previously adjudicated youths who experienced problems with crime and substances in late adolescence/early adulthood were at increased risk for concurrent antisocial cognition and personality problems and subsequent crime and substance-misuse problems compared with participants in the other three groups. The prospective effects were found to be partially mediated by antisocial cognition in the form of moral disengagement.

  2. Impact of behavioral genetic evidence on the adjudication of criminal behavior.

    Science.gov (United States)

    Appelbaum, Paul S; Scurich, Nicholas

    2014-01-01

    Recent advances in behavioral genetics suggest a modest relationship among certain gene variants, early childhood experiences, and criminal behavior. Although scientific research examining this link is still at an early stage, genetic data are already being introduced in criminal trials. However, the extent to which such evidence is likely to affect jurors' decisions has not been explored. In the present study, a representative sample of the U.S. population (n = 250) received a vignette describing an apparently impulsive homicide, accompanied by one of four explanations of the defendant's impulsivity: childhood abuse, genetic predisposition, childhood abuse and genetic predisposition, or simple impulsive behavior. The participants were asked to identify the crime that the defendant had committed and to select an appropriate sentence range. Evidence of genetic predisposition did not affect the crime of which the defendant was convicted or the sentence. However, participants who received the abuse or genetic + abuse explanation imposed longer prison sentences. Paradoxically, the genetic and genetic + abuse conditions engendered the greatest fear of the defendant. These findings should allay concerns that genetic evidence in criminal adjudications will be overly persuasive to jurors, but should raise questions about the impact of genetic attributions on perceptions of dangerousness.

  3. The Independent Living Scales in civil competency evaluations: initial findings and prediction of competency adjudication.

    Science.gov (United States)

    Quickel, Emalee J W; Demakis, George J

    2013-06-01

    We address a gap in the literature on civil competency by examining characteristics of those who undergo civil competency evaluations and how well Managing Money and Health and Safety subscales of the Independent Living Scales (ILS) predict legal competency adjudications. We were also interested whether these subscales are more accurate in making such predictions than the Mini-Mental State Examination and Trail-Making Test, Parts A and B, well-known measures of neuropsychological functioning. Actual legal competency decisions were obtained from public court records on 71 individuals with either mental retardation/borderline intellectual functioning (MR/BIF) or psychiatric, neurological, or combined psychiatric or neurological diagnoses. We found that those with neurological diagnoses performed significantly better on the Trail-Making Test, Part A, than the MR/BIF and combined neurological and psychiatric groups, and they demonstrated trends in the same direction for other measures. Both ILS subscales performed better than the cognitive measures, in terms of both hit rate and predictive value, in predicting ultimate judicial decision-making about competency. These findings are particularly relevant for clinicians who must decide what measures to include in an assessment battery in civil competency evaluations.

  4. Reliability and validity of rorschach aggression variables with a sample of adjudicated adolescents.

    Science.gov (United States)

    Liebman, Samuel J; Porcerelli, John; Abell, Steven C

    2005-08-01

    In this investigation, we assessed the reliability and validity of 5 Rorschach aggression variables (AG, A1, A2, AgC, and AgPast) in a sample of adjudicated, mostly conduct-disordered adolescents (N = 150). More specifically, we assessed the interrelationships of Rorschach aggression variables using correlational analyses and factor analysis and assessed the relationships between Rorschach variables and a measure of aggressive potential (the Manifest Aggression scale from the Jesness Inventory; Jesness, 1996) as well as a measure of real-world aggression/violence (the Violence Rating Scale-Revised [VRS-R]; Young, Justice, & Erdberg, 1997). Two of Gacono and Meloy's (1994) Rorschach aggression variables were dropped from the study (AgPot and SM) due to a low frequency of occurrence. All 5 of the remaining Rorschach aggression variables and the VRS-R were rated reliably, and factor analysis of the Rorschach variables revealed 2 distinct factors accounting for 71% of the total variance. Only the AgC variable concurrently predicted aggressive potential and aggressive/violent behavior. Results lend further support for the inclusion of AgC in the Comprehensive System's (Exner, 1993) list of Special Scores.

  5. 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.

  6. Family context and externalizing correlates of childhood animal cruelty in adjudicated delinquents.

    Science.gov (United States)

    Walters, Glenn D; Noon, Alexandria

    2015-05-01

    The purpose of this study was to determine whether childhood animal cruelty is primarily a feature of family context or of externalizing behavior. Twenty measures of family context and proactive (fearlessness) and reactive (disinhibition) externalizing behavior were correlated with the retrospective accounts of childhood animal cruelty provided by 1,354 adjudicated delinquents. A cross-sectional analysis revealed that all 20 family context, proactive externalizing, and reactive externalizing variables correlated significantly with animal cruelty. Prospective analyses showed that when the animal cruelty variable was included in a regression equation with the 10 family context variables (parental arguing and fighting, parental drug use, parental hostility, and parental knowledge and monitoring of offspring behavior) or in a regression equation with the five reactive externalizing variables (interpersonal hostility, secondary psychopathy, weak impulse control, weak suppression of aggression, and short time horizon), it continued to predict future violent and income (property + drug) offending. The animal cruelty variable no longer predicted offending, however, when included in a regression equation with the five proactive externalizing variables (early onset behavioral problems, primary psychopathy, moral disengagement, positive outcome expectancies for crime, and lack of consideration for others). These findings suggest that while animal cruelty correlates with a wide range of family context and externalizing variables, it may serve as a marker of violent and nonviolent offending by virtue of its position on the proactive subdimension of the externalizing spectrum.

  7. 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.

  8. 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.

  9. Social Bond and Self-Reported Nonviolent and Violent Delinquency: A Study of Traditional Low Risk, At-Risk, and Adjudicated Male Chinese Adolescents

    Science.gov (United States)

    Chan, Heng Choon Oliver; Chui, Wing Hong

    2015-01-01

    Background: Little is known about the level of social bond elements and their effects on delinquency among nonadjudicated (traditional low and at-risk school-aged) and adjudicated Chinese male adolescents. Objective: Using a large adolescent sample (N = 1,177) from Hong Kong and Macau, this study aims to distinguish the level of social bond…

  10. 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.

  11. 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

  12. 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.

  13. 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.

  14. 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.

    Science.gov (United States)

    Bryks, Sam

    2011-07-19

    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.

  15. 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.

  16. Reflection of Adjudication Thinking About Invalid Partnership Agreement%关于合伙协议无效裁判思维的反思

    Institute of Scientific and Technical Information of China (English)

    夏旭阳

    2012-01-01

    The adjudication rule about giving property back when being invalid agreement that is enacted in Article 58 of Contract Law of P. R.C. is applicable to consideration contracts. Partnership agreements belong to contracts whose character is partnero managing the same career, the right and the obligation among partners don' t have corresponding character. So, when being decided contract null and void, the general legal effect of invalid agreement which is retroactivity and giving property back doesn' t certainly apply to the situation whose state is complicated. When solving this dispute, we should consider whether the career has begun, the organizational character of the partnership, and the specialization of the subject giving property back.%《合同法》第58条设计的合同无效返还财产的处理规则,适用于具有对价性的合同;而合伙协议属于具有共同经营同一事业性质的合同,合伙人之间的权利义务并不具有对应性。因此,合伙协议无效时,一般合同无效的溯及效力与财产返还效力并不当然适用于它,其具有复杂的法律状态。应当区分合伙事业是否开展以及强调合伙本身的组织性,返还主体的特殊性来处理此类纠纷。

  17. Statistics on the distribution of contracts and purchase orders by country for the LHC Project based on payments and outstanding commitments for the period 1 January 1995 to 31 March 2000 (including adjudications by the Finance Committee up to March 2000).

    CERN Document Server

    2000-01-01

    Statistics on the distribution of contracts and purchase orders by country for the LHC Project based on payments and outstanding commitments for the period 1 January 1995 to 31 March 2000 (including adjudications by the Finance Committee up to March 2000).

  18. Legislation and Practice of Office of Independent Adjudicator for Higher Education in UK%英国高等教育独立审查员制度的立法与实施

    Institute of Scientific and Technical Information of China (English)

    王巍; 曾贞

    2012-01-01

    目前,学生与大学机构之间的纠纷引起了各国的广泛关注,英国独创了高等教育独立审查员制度,首次将学生投诉处理纳入全国统一的程序标准,并以法定形式任命专门的、独立的机构代为执行,采用低成本的方式,达到快速、公正解决大学纠纷问题,既保障了学生权利,同时避免了高等教育领域较多法律途径解决纠纷。%The conflicts between students and Higher Education Institutions (HIEs) are arousing attention world-wide in present days. Office of Independent Adjudicator for Higher Education (OIAHE) initiated by Britain is the first centralized mechanism, with a legitimately designated institution to deal with students' com- plaints through a standardized nation-wide procedure. It aims to impartially and fast resolve students' complaints with low cost. The initiative protects students' rights and highly avoids student-related disputes within higher edu- cation involving in litigations.

  19. 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.

  20. 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.

  1. 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。

  2. 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".

  3. 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....

  4. Immigration Adjudication Reform: The Case for Automation

    Science.gov (United States)

    2014-09-01

    Figure 1 demonstrates the general procedures for processing an immigration benefit request. 4 Border Security, Economic Opportunity, and...not been passed by Congress. An available benchmark for considering the impact of immigration reform can be found in the “Border Security, Economic ...system, “eVerify,” 334 Border Security, Economic Opportunity, and Immigration Modernization Act, S.744, 113th Cong., 1st sess. (2013). http

  5. 32 CFR 147.2 - Adjudicative process.

    Science.gov (United States)

    2010-07-01

    ...: Financial considerations. (7) Guideline G: Alcohol consumption. (8) Guideline H: Drug involvement. (9) Guideline I: Emotional, mental, and personality disorders. (10) Guideline J: Criminal conduct....

  6. 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

  7. 中国行政审判法官的知与行﹡--《行政诉讼法》实施状况调查报告·法官卷%Knowing and Doing of China’s Administrative Adjudication Judge--Investigation Report on Administrative Litigation Law Implementation·Judge

    Institute of Scientific and Technical Information of China (English)

    林莉红; 宋国涛

    2013-01-01

      调查表明,行政审判的环境总体上有所改善,但《行政诉讼法》功能发挥有限;实施状况不容乐观;我国行政审判面临体制和制度的多重制约和困难;法官知行不一现象明显;多数法官主张修改《行政诉讼法》,但对如何修改存在分歧。建议采取多种措施,保证人民法院真正有效地行使对行政案件的审判权;认真研讨并及时修改《行政诉讼法》;进一步提升法官的法律素养和能力。%The investigation shows that the administrative adjudication environment has been improved as a whole, but there are still some problems left, such as the limited function performance of the Administrative Litigation Law, the unoptimistic implementation of the Administrative Litigation Law, multiple institutional and systematic constraints and difficulties faced by China’s administrative adjudication, judges’ obvious inconsistency between knowing and doing, and the fact that although most judges are in favor of amending the Administrative Litigation Law, there exist disagreements on how to amend it. Various measures are suggested to be taken to ensure people's courts’ really effective exercise of judicial power to administrative cases. It is also suggested that the Administrative Litigation Law be discussed seriously and amended timely, and that judges’ legal literacy and capacity be further improved.

  8. 清末民初的典习惯与司法裁判——以奉天省为中心的考察%The Custom of Dian and Its Adjudication in Late Qing and Early Republic——Study on Fengtian Province

    Institute of Scientific and Technical Information of China (English)

    张勤

    2012-01-01

    习惯在司法近代化以前不具有作为裁判依据的法源性特征,在司法近代化过程中,习惯被作为本土资源被"发现"和利用,这与固有民法中制定法的缺乏和不足以及近代西方法政思潮中习惯和习惯法观念在近代中国的传播等因素密切相关。与此同时,民初大理院对某些习惯的限制和导正政策,导致习惯在司法领域不仅被"发现"和利用,而且被进一步"现代化",这对地方司法实践产生了一定的影响。%In ancient China prior to judicial modernization,customs had no "force of law" and could not be basis for adjudication.During the period of judicial modernization,customs had gradually been "found" and utilized as local judicial sources,due to the lack of statutory law in conventional civil laws as well as the spread of concepts of customs and custom laws in modern Western jurisprudence.Meanwhile,in the early Republican period,the Supreme Court formulated some basic doctrines of customs to guide judicial practice.Consequently,besides being "found" and utilized,customs had been gradually modernized,which had an important effect on local judicial practice.

  9. 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。

  10. 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;…

  11. 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".

  12. 76 FR 18713 - Committees on Rulemaking, Regulation, and Adjudication

    Science.gov (United States)

    2011-04-05

    ... Assembly of the Administrative Conference of the United States (ACUS). Each committee will meet to discuss... ``Research'' section of the ACUS Web site, at http://www.acus.gov . Comments may be submitted by e-mail to Comments@acus.gov , with the name of the relevant committee in the subject line, or by postal mail...

  13. The Legal Adjudication in the Hearing Process: A Methodological Proposal

    Directory of Open Access Journals (Sweden)

    Fredy Hernando Toscano López

    2016-12-01

    Full Text Available The handling of cases by audience imposes an obligation to the judge to utter their awards during it. That is why is important to look for a methodological route that helps him in this task. These lines pretend to make a proposal based on the practical challenges of judges in audiences, so that the requirements of the judicial awards will be satisfied, especially their motivation.

  14. 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.

  15. 77 FR 39057 - Rules of Practice for Adjudication Proceedings

    Science.gov (United States)

    2012-06-29

    ... of the Interim Final Rule without change in the Final Rule. Section 1081.102 Rules of Construction... held, belief. If a hearing officer does not withdraw in response to a motion for withdrawal, the...

  16. 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…

  17. 78 FR 29618 - Rules of Adjudication and Enforcement

    Science.gov (United States)

    2013-05-21

    ... minimal) will operate as a subject matter waiver of all protected communications or information. This... claim a written privilege log. The rule does not specify the format or style of the log, so long as it... paragraph (e)(1) for documents, communications, and items created or communicated within a time...

  18. 77 FR 60952 - Rules of General Application, Adjudication, and Enforcement

    Science.gov (United States)

    2012-10-05

    ... regulatory program more effective or less burdensome in achieving regulatory objectives. During the two years... provides little guidance on when it would be appropriate for an administrative law judge to limit discovery... (f) and (g). Some of the proposed amendments use the word ``person.'' The Commission intends the...

  19. 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.

  20. Impact of Behavioral Genetic Evidence on the Adjudication of Criminal Behavior

    OpenAIRE

    Appelbaum, Paul S.; Scurich, Nicholas

    2014-01-01

    Recent advances in behavioral genetics suggest a modest relationship among certain gene variants, early childhood experiences, and criminal behavior. Although scientific research examining this link is still at an early stage, genetic data are already being introduced in criminal trials. However, the extent to which such evidence is likely to affect jurors’ decisions has not previously been explored. In the present study, a representative sample of the U.S. population (n=250) received a vigne...

  1. 76 FR 12315 - Committees on Collaborative Governance, Regulation, Rulemaking, Judicial Review, and Adjudication

    Science.gov (United States)

    2011-03-07

    ... (ACUS). Each committee will consider a research report and will prepare recommendations on the subject... found in the ``Research'' section of the ACUS Web site, http://www.acus.gov . Comments may be submitted by e-mail to Comments@acus.gov , with the name of the relevant committee in the subject line, or...

  2. 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

  3. New Technologies and Emerging Threats: Personnel Security Adjudicative Guidelines in the Age of Social Networking

    Science.gov (United States)

    2012-12-01

    and Personnel Security: Final Report; Ken Dunham and Jim Melnick, Malicious Bots: An Inside Look into the Cyber-Criminal Underground of the Internet...Department of Justice, “Noted Scientist Pleads Guilty to Attempted Espionage.” 40 Del Quentin Wilber , “Maryland Scientist Stewart Nozette Sentenced...Attempted Espionage.” September 7, 2011. http://www.justice.gov/opa/pr/2011/September/11-nsd-1142.html. Dunham, Ken and Jim Melnick, Malicious

  4. 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 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...

  5. The Utility of Legal Theory for the Adjudication of the Law

    OpenAIRE

    Hoecke, Mark van

    1985-01-01

    In this exposition is given a survey of points in which legal theory can be of direct utility for the judge who is in the excercise of his office. The conclusions will apply to any judge : civil, criminal, military and administrative.

  6. 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

  7. 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

  8. 77 FR 2011 - Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner...

    Science.gov (United States)

    2012-01-13

    ... is found guilty of or pleaded guilty or nolo contendre to a serious crime; is disbarred or suspended... an annual effect on the economy of $100 million or more; a major increase in costs or prices;...

  9. JUDICIAL ADJUDICATION IN HOUSING RIGHTS IN BRAZIL AND COLOMBIA: A COMPARATIVE PERSPECTIVE

    OpenAIRE

    Valle, Vanice Regina Lírio do

    2014-01-01

    Cooperative constitutionalism is the watchword in the 21st. century, and the creation of a judicial network is an important tool to improve human rights protection. This paper intends to contribute in that field, reporting the constitutional framework and the main decisions held by the Brazilian and the Colombian Constitutional Courts in protecting housing rights. The comparison is justified by the historical proximity in the juridical transition in both countries – 1988 in Brazil and 1991 in...

  10. Principle or pathology? Adjudicating the right to conscience in the Israeli military.

    Science.gov (United States)

    Weiss, Erica

    2012-01-01

    The Israeli military's Conscience Committee evaluates and exempts pacifists from obligatory military service, based explicitly on concern for liberal tolerance. However, I found that liberal pacifist applicants’ principled objections to violence challenged the state, and as such, applicants who articulated their refusal in such terms are rejected by the military review board. By contrast, pacifist conscientious objection based in embodied visceral revulsion to violence did not challenge the state and moral order, and such cases were granted exemption. Objections based in understanding pacifism as a physical incapacity depoliticizes it by making it incommensurable with public moral debate concerning military service. The pathologization of pacifism demonstrates a contradiction between liberalism's ideology and its practices, revealing that the limits of liberalism are not only exterior, in nonliberal alterity, but also on liberalism's own interior frontiers.

  11. 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...

  12. Adjudicating rights or analyzing interests: ethicists' role in the debate over conscience in clinical practice.

    Science.gov (United States)

    Antommaria, Armand H Matheny

    2008-01-01

    The analysis of a dispute can focus on either interests, rights, or power. Commentators often frame the conflict over conscience in clinical practice as a dispute between a patient's right to legally available medical treatment and a clinician's right to refuse to provide interventions the clinician finds morally objectionable. Multiple sources of unresolvable moral disagreement make resolution in these terms unlikely. One should instead focus on the parties' interests and the different ways in which the health care delivery system can accommodate them. In the specific case of pharmacists refusing to dispense emergency contraception, alternative systems such as advanced prescription, pharmacist provision, and over-the-counter sales may better reconcile the client's interest in preventing unintended pregnancy and the pharmacist's interest in not contravening his or her conscience. Within such an analysis, the ethicist's role becomes identifying and clarifying the parties' morally relevant interests.

  13. 78 FR 23474 - Rules of General Application and Adjudication and Enforcement

    Science.gov (United States)

    2013-04-19

    ... definition for express delivery. Further, the Commission has eliminated unnecessary language from the... international. In this connection, the Commission substitutes a definition of ``express delivery'' for... patents, the quantity of prior art that needs to be authenticated, and whether the Commission...

  14. Comparison of central adjudication of outcomes and onsite outcome assessment on treatment effect estimates

    DEFF Research Database (Denmark)

    Ndounga Diakou, Lee A ymar; Trinquart, Ludovic; Hróbjartsson, Asbjørn;

    2016-01-01

    INFO, CINAHL and Google Scholar (25 August 2015 as the last updated search date), using a combination of terms to retrieve RCTs with commonly used terms to describe ACs. SELECTION CRITERIA: We included all reports of RCTs and the published RCTs included in reviews and meta-analyses that reported the same...

  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. Adjudication Grade System and Fairness of Judicature%审级制度与司法公正

    Institute of Scientific and Technical Information of China (English)

    冯秋燕

    2003-01-01

    近年来法院判决的公正性不断遭受质疑,进入再审程序的民事、经济案件越来越多,两审终审制名存实亡.为保证司法公正的实现,学术界提出了三审终审制的主张.无论两审终审制,还是三审终审制,解决司法腐败问题才是实现司法公正的途径.

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

    Science.gov (United States)

    2010-07-01

    ... employee of a foreign intelligence service; (h) Indications that representatives or nationals from a... Behavior 12. The concern. Sexual behavior that involves a criminal offense indicates a personality or... personality disorder; (c) Sexual behavior that causes an individual to be vulnerable to coercion,...

  18. The Impact of Report of Investigation Writing Style on the Assessment Times, Impressions, Perceptions and Preferences of Adjudicators

    Science.gov (United States)

    1993-01-01

    Haviland & Clark, 1974; Miller & Isard , 1964). a Active Verbs: when appropriate, passive verbs were changed to active verbs to make clear the agent of...Penguin. Miller, G., & Isard , S. (1964). Free recall of st!f -,nhedde-d English sentences. Information and Control, 7, 292-303. Mirel, B. (1964

  19. 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.

  20. The justice system for the juveniles Juveniles adjudicated for the criminal act of “theft” in Albania

    Directory of Open Access Journals (Sweden)

    Etilda Gjonaj Saliu

    2016-07-01

    Full Text Available The juvenile justice system in Albania has improved from year to year but slow movements are done in improving the whole system for the implementation of the guarantees prescribed in international acts and Albanian legislation. This article, is aiming to offer some opinions related to the justice system for the juveniles based on the statistical and qualitative data regarding the criminal policy that is used and the precautionary measures given through court decisions. This article, aims in identifying the issues and provide recommendations, with the main goal of improvement of the legislation and its best implementation in practice by the criminal justice instances, particularly by the prosecution and the court. Through the conclusions derived by this article is intended to exert the right pressure towards state authorities, to improve and better orient criminal policy and to increase the use of alternatives to the precautionary measure of “jail arrest” and imprisonment.

  1. The justice system for the juveniles Juveniles adjudicated for the criminal act of “theft” in Albania

    OpenAIRE

    Etilda Gjonaj Saliu

    2016-01-01

    The juvenile justice system in Albania has improved from year to year but slow movements are done in improving the whole system for the implementation of the guarantees prescribed in international acts and Albanian legislation. This article, is aiming to offer some opinions related to the justice system for the juveniles based on the statistical and qualitative data regarding the criminal policy that is used and the precautionary measures given through court decisions. This article, aims in i...

  2. 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... association with a suspected or known collaborator or employee of a foreign intelligence service; (f) Conduct... security concern if it involves a criminal offense, indicates a personality or emotional disorder,...

  3. 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.

  4. 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.

  5. 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.

  6. "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.

  7. 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.

  8. 法院对行政裁决享有有限司法变更权的思考%The Courts' Limited Power to Change a Decision of Administrative Adjudication on A Limited Base

    Institute of Scientific and Technical Information of China (English)

    刘柏桓; 陆国东

    2001-01-01

    行政裁决是指依法由行政机关依照法律授权,对当事人之间发生的、与行政管理活动密切相关的、与合同无关的民事纠纷进行审查,并作出裁决的行政行为,它是一种行政司法行为。管理相对人一旦认为行政裁决对自己的合法的民事权益产生影响而向人民法院提起诉讼,人民法院依据《中华人民共和国行政诉讼法》(以下简称《行政诉讼法》)审理后,除行政处罚显失公正外,只能就被诉的行政裁决作出或维持原判,或驳回诉讼请求,确认、撤销、强制履行的判决,但不能作出变更判决。那么,这是否符合行政裁决案件独有的特点呢?笔者认为人民法院对此类案件的判决应享有有限司法变更权。

  9. Researches on the Institutional Innovation Concerning Food Safety Law Adjudication%我国食品安全法律实施中的司法制度创新研究

    Institute of Scientific and Technical Information of China (English)

    张庆庆; 涂永前; 郭金良

    2016-01-01

    近年来,尽管国家不断地通过政策措施和立法活动来强化食品安全治理机制,但却没能从根本上有效地杜绝食品安全问题,社会中的问题食品事件屡见不鲜。司法是法律实施的关键、是权益保护的“最后防线”。我国食品安全法律实施中长期存在的“诉讼难”“举证难”“赔偿难”“不安全食品致害侵权”等一系列司法难题,成为维护食品消费者合法权益、惩治不法经营者的主要制度障碍。为了提高法律实施的效果、“兑现”国家对百姓“舌尖上安全”的承诺,必须以《食品安全法》为切口进行具体的制度完善。%In recent years, our country is continually strengthening food safety governance mechanism by policy measures and legislation activities, yet it has not effectively ensured foodsafety and the scandals in foodsafety ernerge repeatedly. Justice is the key to the enforcement of law, and the last defensive line for the protection of rights. During the enforcement of food safety laws, the issues such as difficulties regarding litigation, proof of evidence, compensation, tort damage by insecurity-food and etc., in judicial practice long-term existence, and the problems have been becoming the signiifcant institutional barriers for protecting the vulnerable party’s interest and punishing the unlawful businessmen. So this should be adjusted through the judicial system in Food Safety Law, in order to improve the efficiency of the enforcement of law and fulifll the promise of safeguarding food safety for the people of our country.

  10. 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.

  11. 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.”

  12. 20 CFR 667.800 - What actions of the Department may be appealed to the Office of Administrative Law Judges?

    Science.gov (United States)

    2010-04-01

    ... WORKFORCE INVESTMENT ACT Administrative Adjudication and Judicial Review § 667.800 What actions of the... adjudicated under the alternative dispute resolution process set forth in § 667.840 within the 60 days,...

  13. 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

  14. 16 CFR 1000.17 - Office of Equal Employment Opportunity and Minority Enterprise.

    Science.gov (United States)

    2010-01-01

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

  15. 13 CFR 120.540 - Liquidation and litigation plans.

    Science.gov (United States)

    2010-01-01

    ... collection litigation, such as judicial foreclosures, bankruptcy proceedings and other state and federal... litigation where factual or legal issues are in dispute and require resolution through adjudication; (ii)...

  16. 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.

  17. 19 CFR 210.76 - Modification or rescission of exclusion orders, cease and desist orders, and consent orders.

    Science.gov (United States)

    2010-04-01

    ... INTERNATIONAL TRADE COMMISSION INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE ADJUDICATION AND ENFORCEMENT... and be heard. After consideration of the petition, any responses thereto, and any information...

  18. 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.

  19. 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

  20. 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.

  1. 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.

  2. 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...

  3. Reliability and Perceived Pedagogical Utility of a Weighted Music Performance Assessment Rubric

    Science.gov (United States)

    Latimer, Marvin E., Jr.; Bergee, Martin J.; Cohen, Mary L.

    2010-01-01

    The purpose of this study was to investigate the reliability and perceived pedagogical utility of a multidimensional weighted performance assessment rubric used in Kansas state high school large-group festivals. Data were adjudicator rubrics (N = 2,016) and adjudicator and director questionnaires (N = 515). Rubric internal consistency was…

  4. 28 CFR 902.1 - Purpose and authority.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose and authority. 902.1 Section 902.1 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION... for the adjudication of disputes by the Compact Council. The Compact Council is established...

  5. 38 CFR 3.2600 - Review of benefit claims decisions.

    Science.gov (United States)

    2010-07-01

    ... ADJUDICATION Universal Adjudication Rules That Apply to Benefit Claims Governed by Part 3 of This Title... Disagreement with a decision of an agency of original jurisdiction on a benefit claim has a right to a review... an agency of original jurisdiction (including the decision being reviewed or any prior decision...

  6. 31 CFR 10.76 - Decision of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Decision of Administrative Law Judge... Administrative Law Judge. (a) In general—(1) Hearings. Within 180 days after the conclusion of a hearing and the... adjudication. In the event that a motion for summary adjudication is filed, the Administrative Law Judge...

  7. Glucagon-Like Peptide-1 Agonists and Risk of Acute Pancreatitis in Patients with Type 2 Diabetes

    DEFF Research Database (Denmark)

    Storgaard, Heidi; Cold, Frederik; Gluud, Lise L;

    2017-01-01

    diabetes. We performed a systematic review with meta-analysis of long-term (minimum 24 months), placebo-controlled GLP-1RA RCTs in which AP was a predefined adverse event and adjudicated by blinded and independent adjudicating committees. Three high-quality RCTs included a total of 9,347 GLP-1RA...

  8. 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... PERSONNEL, MILITARY AND CIVILIAN ADJUDICATIVE GUIDELINES FOR DETERMINING ELIGIBILITY FOR ACCESS TO CLASSIFIED INFORMATION Adjudication § 147.15 Guideline M—Misuse of Information technology systems. (a)...

  9. 20 CFR 405.5 - Definitions.

    Science.gov (United States)

    2010-04-01

    ... Commissioner and who provides expertise to disability adjudicators at the initial, Federal reviewing official... Expert System means the body comprised of medical, psychological, and vocational experts, who have qualifications required by the Commissioner. It provides expertise to disability adjudicators at the...

  10. 76 FR 59085 - Appeals of Post Office Closings

    Science.gov (United States)

    2011-09-23

    ... Administrative Procedure Act, Public Law 79-404, 60 Stat. 237, 1946 (APA), `` `adjudication' means agency process... adjudications under the APA (5 U.S.C. 554) because, pursuant to section 404(d)(5)(C), the provisions of 5 U.S.C... covered by the APA at all, generally do not involve a hearing, and are subject to the specific...

  11. 32 CFR 154.42 - Evaluation of personnel security information.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Evaluation of personnel security information... SECURITY DEPARTMENT OF DEFENSE PERSONNEL SECURITY PROGRAM REGULATION Adjudication § 154.42 Evaluation of personnel security information. (a) The criteria and adjudicative policy to be used in applying...

  12. Report on the behalf of the Foreign Affairs, Defence and Armed Forces Commission on: the bill project (accelerated procedure) authorizing the ratification of the joint procurement agreement for a designation by auction of common bid platforms, and the bill project (accelerated procedure) authorizing the ratification of the joint procurement agreement for a designation by auction of an auction monitor. Nr 171; Rapport fait au nom de la commission des affaires etrangeres, de la defense et des forces armees sur le projet de loi (procedure acceleree) autorisant la ratification de l'accord de passation conjointe de marche en vue de la designation par adjudication de plates-formes d'encheres communes et sur le projet de loi (procedure acceleree) autorisant la ratification de l'accord de passation conjointe de marche en vue de la designation par adjudication d'une instance de surveillance des encheres. No. 171

    Energy Technology Data Exchange (ETDEWEB)

    Boulaud, Didier

    2011-12-07

    This document first presents the currently operating greenhouse gas emission quota trading scheme and its evolution according to which quotas will be put up for auction. Then, it more precisely describes different aspects of this arrangement: general economy of the auction system, common auction platforms, auction monitor, and market procedures. Consequences on the French law are presented. The ratification procedure is discussed

  13. 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...

  14. 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...

  15. 17 CFR 201.900 - Informal Procedures and Supplementary Information Concerning Adjudicatory Proceedings.

    Science.gov (United States)

    2010-04-01

    ... that fact, and shall describe the procedural posture of the case, project an estimated date for... adjudication program caseload increases awareness of the importance of the program, facilitates oversight...

  16. 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 §...

  17. 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...

  18. 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...

  19. LHC Statistics for the Period 01.01.1995 - 30.04.2004

    CERN Document Server

    2004-01-01

    (on the distribution of contracts and purchase orders by country for the LHC project based on payments and outstanding commitments including adjudications for supplies by the Finance Committee up to March 2004)

  20. 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...

  1. 46 CFR 5.501 - General.

    Science.gov (United States)

    2010-10-01

    ... mariner's credential or endorsement is a formal adjudication under the Administrative Procedure Act (APA... in accordance with applicable requirements in the APA, the rules in this part, and the rules...

  2. 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.

  3. 20 CFR 405.710 - How to request an expedited appeal.

    Science.gov (United States)

    2010-04-01

    ... ADJUDICATING INITIAL DISABILITY CLAIMS Expedited Appeals Process for Constitutional Issues § 405.710 How to... before you receive notice of the administrative law judge's decision. (b) Place for filing request....

  4. 20 CFR 405.715 - Agreement in expedited appeals process.

    Science.gov (United States)

    2010-04-01

    ... FOR ADJUDICATING INITIAL DISABILITY CLAIMS Expedited Appeals Process for Constitutional Issues § 405... unconstitutional, you agree with our interpretation of the law; (d) If the provision of the Act that you believe...

  5. 36 CFR 1250.36 - When will NARA deny a FOIA request?

    Science.gov (United States)

    2010-07-01

    ... right to a fair trial or an impartial adjudication; (C) Could reasonably be expected to constitute an... criminal law enforcement authority in the course of a criminal investigation, or by an agency...

  6. 36 CFR 1120.41 - Exempt documents.

    Science.gov (United States)

    2010-07-01

    ... person of a right to a fair trial or an impartial adjudication; (iii) Constitute an unwarranted invasion... compiled by a criminal law enforcement authority in the course of a criminal investigation or by an...

  7. 12 CFR 4.12 - Information available under the FOIA.

    Science.gov (United States)

    2010-01-01

    ... of the right to a fair trial or an impartial adjudication; (iii) Constitute an unwarranted invasion... information compiled by a criminal law enforcement authority in the course of a criminal investigation, or...

  8. 44 CFR 11.76 - Claims procedures.

    Science.gov (United States)

    2010-10-01

    ... claim and the date it will be submitted. Payment may be made on a partial claim if the adjudicating... claimant. (i) Motor vehicles or mobile homes in transit. Claims for damage to motor vehicles or...

  9. 19 CFR 210.40 - Proposed findings and conclusions and briefs.

    Science.gov (United States)

    2010-04-01

    ... UNFAIR PRACTICES IN IMPORT TRADE ADJUDICATION AND ENFORCEMENT Prehearing Conferences and Hearings § 210... law may be filed with the administrative law judge for his consideration. Such proposals and...

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

    Data.gov (United States)

    U.S. Department of Health & Human Services — The VICP program publishes a summary PDF report with several data tables: Number of Petitions Filed by Adjudication Categories by Alleged Vaccine, including # of...

  11. 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....

  12. 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,...

  13. 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".

  14. The Idiopathic Pulmonary Fibrosis Clinical Research Network (IPFnet)

    Science.gov (United States)

    de Andrade, Joao; Schwarz, Marvin; Collard, Harold R.; Gentry-Bumpass, Tedryl; Colby, Thomas; Lynch, David; Schwarz, M.; Zisman, D. A.; Hunninghake, G.; Chapman, J.; Olman, M.; Lubell, S.; Morrison, L. D.; Steele, M. P.; Haram, T.; Roman, J.; Perez, R.; Perez, T.; Ryu, J. H.; Utz, J. P.; Limper, A. H.; Daniels, C. E.; Meiras, K.; Walsh, S.; Brown, K. K.; Schwarz, M.; Bair, C.; Kervitsky, D.; Lasky, J. A.; Ditta, S.; deAndrade, J.; Thannickal, V. J.; Stewart, M.; Zisman, D. A.; Lynch, J.; Calahan, E.; Lopez, P.; King, T. E.; Collard, H. R.; Golden, J. A.; Wolters, P. J.; Jeffrey, R.; Noth, I.; Hogarth, D. K.; Sandbo, N.; Strek, M. E.; White, S. R.; Brown, C.; Garic, I.; Maleckar, S.; Martinez, F. J.; Flaherty, K. R.; Han, M.; Moore, B.; Toews, G. B.; Dahlgren, D.; Raghu, G.; Hayes, J.; Snyder, M.; Loyd, J. E.; Lancaster, L.; Lawson, W.; Greer, R.; Mason, W.; Kaner, R. J.; Monroy, V.; Wang, M.; Lynch, D. A.; Colby, T.; Anstrom, K. J.; Becker, R. C.; Eisenstein, E. L.; MacIntyre, N. R.; Morrison, L. D; Rochon, J.; Steele, M. P.; Sundy, J. S.; Davidson-Ray, L.; Dignacco, P.; Edwards, R.; Anderson, R.; Beci, R.; Calvert, S.; Cain, K.; Gentry-Bumpass, T.; Hill, D.; Ingham, M.; Kagan, E.; Kaur, J.; Matti, C.; McClelland, J.; Meredith, A.; Nguyen, T.; Pesarchick, J.; Roberts, R. S.; Tate, W.; Thomas, T.; Walker, J.; Whelan, D.; Winsor, J.; Yang, Q.; Yow, E.; Reynolds, H. Y.; Tian, X.; Kiley, J.; Noth, I.; Olman, M.; Schwarz, M.; Toews, G. B.; Hunninghake, G.; Culver, D. A.; Chapman, J.; Olman, M.; Lubell, S.; Wehrmann, R.; Morrison, L. D.; Steele, M. P.; Haram, T.; Kidd, R.; Kallay, M.; Lyda, E.; Ryu, J. H.; Utz, J. P.; Limper, A. H.; Daniels, C. E.; Meiras, K.; Walsh, S.; Sahn, S.; O’Banner, N.; Stokes, F.; Brown, K. K.; Bair, C.; Kervitsky, D.; Ettinger, N. A.; Merli, S.; de Andrade, J.; Thannickal, V. J.; Stewart, M.; Belperio, J.; Lynch, J. P.; Calahan, E.; Lopez, P.; King, T. E.; Collard, H. R.; Golden, J.; Wolters, P.; Eller, A.; Noth, I.; Hogarth, D. K.; Sandbo, N.; Strek, M. E.; Maleckar, S.; Rahimova, G.; Sardin, L.; Roman, J.; Perez, R.; Perez, T.; Glassberg, M.; Simonet, E.; Martinez, F. J.; Baumann, K.; Chan, K.; Chughtai, A.; Gross, B.; Flaherty, K. R.; Han, M. L.; Hyzy, R.; Kazerooni, E.; Moore, B.; Myers, J.; Toews, G. B.; White, E.; Dahlgren, D.; Rossman, M.; Kreider, M.; Le, K.; Fitzgerald, J.; Glazer, C.; Scholand, M. B.; Brewster, L.; Johnson, A.; Raghu, G.; Berry-Bell, P.; Snydsman, A.; Loyd, J. E.; Lancaster, L.; Lawson, W.; Greer, R.; Kinser, K.; Richardson, R.; Mason, W.; Kaner, R. J.; Bandong, K.; Antin-Ozerkis, D.; Holm, C.; Estrom, J.; Lynch, D. A.; Colby, T.; Anstrom, K. J.; Eisenstein, E. L.; Sundy, J. S.; Davidson-Ray, L.; Dignacco, P.; Edwards, R.; Beci, R.; Calvert, S.; Gentry-Bumpass, T.; Hill, D.; Hofmann, P. V.; Hwang, K.; Kaur, J.; Matti, C.; Meredith, A.; Pesarchick, J.; Ramey, S.; Roberts, R. S.; Sharlow, A.; Winsor, J.; Yang, Q.; Yow, E.; Weinmann, G. G.; Reynolds, H.; Schmetter, B.; Tian, X.; Kiley, J.; Martinez, F. J.; Raghu, G.; Schwarz, M.; Toews, G. B.; Zibrak, J.; Demersky, A.; Vey, M.; Rosas, I. O.; Debrosse, P.; Culver, D. A.; Chapman, J.; Olman, M.; Lubell, S.; Wehrmann, R.; Morrison, L. D.; Steele, M. P.; Haram, T.; Kidd, R.; Kallay, M.; Lyda, E.; Ryu, J. H.; Utz, J. P.; Limper, A. H.; Daniels, C. E.; Meiras, K.; Walsh, S.; Sahn, S.; O’Banner, N.; Stokes, F.; Padilla, M.; Berhanu, G.; Brown, K. K.; Bair, C.; Kervitsky, D.; Ettinger, N. A.; Merli, S.; Criner, G. J.; Swift, I. Q.; Satti, A.; Cordova, F.; Patel, N.; West, K.; Jones, G.; Lasky, J. A.; Ditta, S.; de Andrade, J.; Thannickal, V. J.; Stewart, M.; Belperio, J.; Lynch, J. P.; Calahan, E.; Lopez, P.; King, T. E.; Collard, H. R.; Golden, J.; Wolters, P.; Eller, A.; Noth, I.; Hogarth, D. K.; Sandbo, N.; Strek, M. E.; Maleckar, S.; Rahimova, G.; Sardin, L.; Roman, J.; Perez, R.; Perez, T.; Glassberg, M.; Simonet, E.; Martinez, F. J.; Baumann, K.; Chan, K.; Chughtai, A.; Gross, B.; Flaherty, K. R.; Han, M. L.; Hyzy, R.; Kazerooni, E.; Moore, B.; Myers, J.; Toews, G. B.; White, E.; Dahlgren, D.; Rossman, M.; Kreider, M.; Le, K.; Fitzgerald, J.; Glazer, C.; Scholand, M. B.; Brewster, L.; Johnson, A.; Raghu, G.; Berry-Bell, P.; Snydsman, A.; Loyd, J. E.; Lancaster, L.; Lawson, W.; Greer, R.; Mason, W.; Kaner, R. J.; Bandong, K.; Antin-Ozerkis, D.; Holm, C.; Estrom, J.; Lynch, D. A.; Colby, T.; Anstrom, K. J.; Becker, R. C.; Eisenstein, E. L.; Sundy, J. S.; Davidson-Ray, L.; Dignacco, P.; Edwards, R.; Beci, R.; Calvert, S.; Cain, K.; Gentry-Bumpass, T.; Hill, D.; Huang, K.; Kaur, J.; Matti, C.; Meredith, A.; Pesarchick, J.; Ramey, S.; Roberts, R. S.; Sharlow, A.; Winsor, J.; Yow, E.; Weinmann, G. G.; Reynolds, H.; Schmetter, B.; Tian, X.; Kiley, J.

    2015-01-01

    BACKGROUND: The National Heart, Lung, and Blood Institute-sponsored IPF Clinical Research Network (IPFnet) studies enrolled subjects with idiopathic pulmonary fibrosis (IPF) to evaluate drug therapies in treatment trials. An adjudication committee (AC) provided a structured review of cases in which there was uncertainty or disagreement regarding diagnosis or clinical event classification. This article describes the diagnosis and adjudication processes. METHODS: The diagnostic process was based on review of clinical data and high-resolution CT scans with central review of lung biopsies when available. The AC worked closely with the data coordinating center to obtain clinical, radiologic, and histologic data and to communicate with the clinical centers. The AC used a multidisciplinary discussion model with four clinicians, one radiologist, and one pathologist to adjudicate diagnosis and outcome measures. RESULTS: The IPFnet trials screened 1,015 subjects; of these, 23 cases required review by the AC to establish eligibility. The most common diagnosis for exclusion was suspected chronic hypersensitivity pneumonitis. The AC reviewed 88 suspected acute exacerbations (AExs), 93 nonelective hospitalizations, and 16 cases of bleeding. Determination of AEx presented practical challenges to adjudicators, as necessary clinical data were often not collected, particularly when subjects were evaluated outside of the primary study site. CONCLUSIONS: The IPFnet diagnostic process was generally efficient, but a multidisciplinary adjudication committee was critical to assure correct phenotype for study enrollment. The AC was key in adjudicating all adverse outcomes in two IPFnet studies terminated early because of safety issues. Future clinical trials in IPF should consider logistical and cost issues as they incorporate AExs and hospitalizations as outcome measures. TRIAL REGISTRY: ClinicalTrials.gov; No.: NCT00517933, NCT00650091, NCT00957242; URL: www.clinicaltrials.gov PMID

  15. An Assessment of Contractor Personnel Security Clearance Processes in the Four Defense Intelligence Agencies

    Science.gov (United States)

    2014-04-14

    298 (Rev. 8-98) Prescribed by ANSI Std Z39-18 INTEGRITY* EFFIC IENCY* ACCOUNTABILITY* EXCELLENCE Mission Our mission is to provide independent...Department of Energy (DoE) from 2011-2012. DoE told us it was aware of the NRO IG report of investigation at the time it made its favorable adjudicative... Energy DoD Department of Defense DODCAF DoD Consolidated Adjudication Facility DoDD Department of Defense Directive DoD I Department of Defense

  16. Extension of the Presumptive Period for Compensation for Gulf War Veterans. Interim final rule.

    Science.gov (United States)

    2016-10-17

    The Department of Veterans Affairs (VA) is issuing this interim final rule to amend its adjudication regulations regarding compensation for disabilities resulting from undiagnosed illnesses suffered by veterans who served in the Persian Gulf War. This amendment is necessary to extend the presumptive period for qualifying chronic disabilities resulting from undiagnosed illnesses that must become manifest to a compensable degree in order that entitlement for compensation be established. The intended effect of this amendment is to provide consistency in VA adjudication policy and preserve certain rights afforded to Persian Gulf War veterans and ensure fairness for current and future Persian Gulf War veterans.

  17. 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...

  18. 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

  19. 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...

  20. 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

  1. 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…

  2. Evaluating Models of Working Memory through the Effects of Concurrent Irrelevant Information

    Science.gov (United States)

    Chein, Jason M.; Fiez, Julie A.

    2010-01-01

    Working memory is believed to play a central role in almost all domains of higher cognition, yet the specific mechanisms involved in working memory are still fiercely debated. We describe a neuroimaging experiment with functional magnetic resonance imaging (fMRI) and a companion behavioral experiment, and in both we seek to adjudicate between…

  3. 78 FR 7818 - Request To Amend a License To Export Radioactive Waste

    Science.gov (United States)

    2013-02-04

    ... COMMISSION Request To Amend a License To Export Radioactive Waste Pursuant to 10 CFR 110.70 (b) ``Public...) has received the following request for an export license amendment. Copies of the request are... and Adjudications The information concerning this export license amendment application follows. ]...

  4. 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... enforcement agency into FMCSA's information systems and the subsequent adjudication happens much later with...

  5. 75 FR 54496 - Diseases Associated With Exposure to Certain Herbicide Agents (Hairy Cell Leukemia and Other...

    Science.gov (United States)

    2010-09-08

    ... AFFAIRS 38 CFR Part 3 RIN 2900-AN54 Diseases Associated With Exposure to Certain Herbicide Agents (Hairy Cell Leukemia and Other Chronic B-Cell Leukemias, Parkinson's Disease and Ischemic Heart Disease... adjudication regulations concerning the presumptive service connection for certain diseases based upon the...

  6. 32 CFR 147.4 - Guideline B-Foreign influence.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Guideline B-Foreign influence. 147.4 Section 147... Adjudication § 147.4 Guideline B—Foreign influence. (a) The concern. A security risk may exist when an... affection, influence, or obligation are not citizens of the Untied States or may be subject to duress....

  7. 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...

  8. 10 CFR 2.1200 - Scope of subpart L.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Scope of subpart L. 2.1200 Section 2.1200 Energy NUCLEAR... Hearing Procedures for NRC Adjudications § 2.1200 Scope of subpart L. The provisions of this subpart... and request the application of Subpart L procedures, and proceedings for the direct or...

  9. 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...

  10. 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…

  11. A Study of the Associations between Conditions of Performance and Characteristics of Performers and New York State Solo Performance Ratings

    Science.gov (United States)

    vonWurmb, Elizabeth C.

    2013-01-01

    This dissertation undertakes an analysis of 1,044 performance evaluations from New York State School Music Association (NYSSMA) Spring Festival solo adjudication ratings of student performers from a large suburban school district. It relies on results of evaluations of observed performances, and takes these evaluations as assessments of what the…

  12. 20 CFR 416.919q - Conflict of interest.

    Science.gov (United States)

    2010-04-01

    ..., BLIND, AND DISABLED Determining Disability and Blindness Standards for the Type of Referral and for... consultants are not only those physicians and psychologists who work for us directly but are also those who do review and adjudication work in the State agencies. Physicians and psychologists who work for us...

  13. 75 FR 17622 - Equal Access to Justice Act Implementation

    Science.gov (United States)

    2010-04-07

    ...., Washington, DC 20552. The telephone number for the Telecommunications Device for the Deaf is (800) 877-8339... adjudication, without regard to whether the official is designated as a hearing examiner, administrative law... Justice Act in light of the actual relationship between the affiliated entities to consider them to...

  14. 29 CFR 1902.37 - Factors for determination.

    Science.gov (United States)

    2010-07-01

    ... State issues citations, proposed penalties and notices for failure to abate in a timely manner. (12) The... adverse adjudications. This factor also addresses whether the State has taken the appropriate and... STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS Procedures for Determinations...

  15. 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;...

  16. 78 FR 11133 - Notice of Public Meetings of Committees of the Administrative Conference of the United States

    Science.gov (United States)

    2013-02-15

    ... on the Conference's Web site ( www.acus.gov ). ADDRESSES: The meetings will be held at 1120 20th... (Committee on Adjudication), awilliams@acus.gov ; Stephanie Tatham (Committee on Judicial Review), statham@acus.gov ; Reeve Bull (Committee on Regulation), rbull@acus.gov ; or Emily Bremer (Committee...

  17. 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...

  18. 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.

  19. 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...

  20. 28 CFR 902.4 - Action by Council Chairman.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Action by Council Chairman. 902.4 Section 902.4 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.4 Action by Council Chairman. (a) The Chairman shall communicate the decision...

  1. 28 CFR 902.2 - Raising disputes.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Raising disputes. 902.2 Section 902.2 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.2 Raising disputes. (a) Cognizable disputes may be based upon: (1) A claim that the...

  2. 28 CFR 902.5 - Hearing procedures.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Hearing procedures. 902.5 Section 902.5 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION...)(1) of the Compact. (b) The Council Chairman or his/her designee shall preside over the hearing...

  3. 28 CFR 902.7 - Court action.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Court action. 902.7 Section 902.7 Judicial Administration NATIONAL CRIME PREVENTION AND PRIVACY COMPACT COUNCIL DISPUTE ADJUDICATION PROCEDURES § 902.7 Court action. Pursuant to Section (c) of Article XI of the Compact, a decision by...

  4. 49 CFR 1572.109 - Mental capacity.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Mental capacity. 1572.109 Section 1572.109... ASSESSMENTS Standards for Security Threat Assessments § 1572.109 Mental capacity. (a) An applicant has mental incapacity, if he or she has been— (1) Adjudicated as lacking mental capacity; or (2) Committed to a...

  5. 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…

  6. 77 FR 33698 - Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List...

    Science.gov (United States)

    2012-06-07

    ...) would be that which meets or exceeds NIJ Standard-0101.06 Type IV. Type III body armor would be... Sec. 553 (Rulemaking) and Sec. 554 (Adjudications) of the Administrative Procedure Act (APA). Although the Department is of the opinion that this rule is exempt from the rulemaking provisions of the...

  7. 32 CFR 153.4 - Responsibilities.

    Science.gov (United States)

    2010-07-01

    ... Crimes,” January 22, 1985, 1 to “implement the investigative policies onitor compliance by DoD criminal... facility in which the juvenile has regular contact with adult persons convicted of a crime or awaiting... adjudicated delinquents; and every juvenile in custody shall be provided adequate food, heat, light,...

  8. Anatomy of a Cancer Treatment Scam

    Medline Plus

    Full Text Available ... Competition Matters Tech@FTC Comment Policy Contests IoT Home Inspector Challenge Robocalls: Humanity Strikes Back DetectaRobo Zapping ... File Documents in Adjudicative Proceedings You are here Home » News & Events » Audio/Video » Anatomy of a Cancer ...

  9. 28 CFR 90.102 - What are the purposes of the grant program?

    Science.gov (United States)

    2010-07-01

    ... WOMEN Grants To Combat Violent Crimes Against Women on Campuses § 90.102 What are the purposes of the..., investigation, and adjudication of persons committing violent crimes against women on campus; (b) To train... judicial boards to more effectively identify and respond to violent crimes against women on...

  10. 28 CFR 90.52 - Eligible purposes.

    Science.gov (United States)

    2010-07-01

    ..., prosecution, and adjudication of persons committing violent crimes against women. (b) Grants may be used, by... officers and prosecutors to identify and respond more effectively to violent crimes against women... of law enforcement officers and prosecutors specifically targeting violent crimes against...

  11. 17 CFR 145.5 - Disclosure of nonpublic records.

    Science.gov (United States)

    2010-04-01

    ... files and similar files the disclosure of which would constitute a clearly unwarranted invasion of... may be protected are an individual's home address and telephone number, social security number, date... impartial adjudication; (3) Could reasonably be expected to constitute an unwarranted invasion of...

  12. 77 FR 57589 - Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions...

    Science.gov (United States)

    2012-09-18

    ... COMMISSION Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions... found that those Zoran products that were adjudicated in Integrated Circuits I are precluded under the... recommended a limited exclusion order barring entry of Zoran's and MediaTek's infringing integrated...

  13. Rhetoric, Possessive Individualism, and Beyond.

    Science.gov (United States)

    Hurlbert, C. Mark

    1988-01-01

    Traces the influence of late-capitalist political ideology on the rhetoric which formed the process/product distinction; notes their sharing of an ideology of "possessive individualism." Reveals "social individualism" as an emerging ideology which may adjudicate the disparity between the ideals of process pedagogy and its…

  14. 20 CFR 410.490 - Interim adjudicatory rules for certain part B claims filed by a miner before July 1, 1973, or by...

    Science.gov (United States)

    2010-04-01

    ... AND SAFETY ACT OF 1969, TITLE IV-BLACK LUNG BENEFITS (1969- ) Total Disability or Death Due to... the Black Lung Act of 1972, the Congress noted that adjudication of the large backlog of claims... pneumoconiosis, or to have been totally disabled due to pneumoconiosis at the time of his death, or his...

  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)

    Mak, C.

    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. Genetic Algorithms, Neural Networks, and Time Effectiveness Algorithm Based Air Combat Intelligence Simulation System

    Institute of Scientific and Technical Information of China (English)

    曾宪钊; 成冀; 安欣; 方礼明

    2002-01-01

    This paper introduces a new Air Combat Intelligence Simulation System (ACISS) in a 32 versus 32 air combat, describes three methods: Genetic Algorithms (GA) in the multi-targeting decision and Evading Missile Rule Base learning, Neural Networks (NN) in the maneuvering decision, and Time Effectiveness Algorithm (TEA) in the adjudicating an air combat and the evaluating evading missile effectiveness.

  17. 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...

  18. 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 §...

  19. 77 FR 19455 - Regulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal...

    Science.gov (United States)

    2012-03-30

    .... USI Film Prod., 511 U.S. 244, 266-270 (1994). Because the ACA expressly requires retroactive... they merely provide historical information and are not relevant to the adjudication of any current... editorial changes made to update the regulation and eliminate information only of historical interest....

  20. 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....

  1. 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...

  2. Bad Boys or Poor Parents: Relations to Female Juvenile Delinquency

    Science.gov (United States)

    Cauffman, Elizabeth; Farruggia, Susan P.; Goldweber, Asha

    2008-01-01

    This study examined the interrelations between parental relationships, romantic relationships, and antisocial behavior among female and male juvenile delinquents. Participants from a diverse sample of 1,354 adolescents (14-17 years) adjudicated of a serious (i.e. felony) offense were matched based on age, race, and committing offense, yielding a…

  3. 8 CFR 3.0 - Executive Office for Immigration Review

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Executive Office for Immigration Review 3.0... IMMIGRATION REVIEW § 3.0 Executive Office for Immigration Review Regulations of the Executive Office for Immigration Review relating to the adjudication of immigration matters before immigration judges (referred...

  4. 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

  5. 78 FR 11939 - Social Security Ruling, SSR 13-2p.; Titles II and XVI: Evaluating Cases Involving Drug Addiction...

    Science.gov (United States)

    2013-02-20

    ... or decision need to contain? 15. How should adjudicators consider Federal district and circuit court... would improve, we may rely on evidence from ``other'' medical sources, such as nurse practitioners, and.... Examples of ``other'' medical sources include but are not limited to: nurse practitioners,...

  6. 75 FR 28035 - Privacy Act of 1974; Department of Homeland Security/U.S. Citizenship and Immigration Services...

    Science.gov (United States)

    2010-05-19

    ...-Verify was mandated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA... adjudication process. Authority for maintenance of the system: The Illegal Immigration Reform and Immigrant... Immigration Services--011 E-Verify Program System of Records AGENCY: Privacy Office, DHS. ACTION: Notice...

  7. 20 CFR 667.840 - Is there an alternative dispute resolution process that may be used in place of an OALJ hearing?

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Is there an alternative dispute resolution... WORKFORCE INVESTMENT ACT Administrative Adjudication and Judicial Review § 667.840 Is there an alternative dispute resolution process that may be used in place of an OALJ hearing? (a) Parties to a complaint...

  8. Judging the Judges: An Analysis of Ballots in Impromptu and Extemporaneous Speaking.

    Science.gov (United States)

    Cronn-Mills, Daniel; Croucher, Stephen M.

    The goal of forensics is to teach students the complexity and impact of communication on the human condition. The ballot is the key to the educational process within the competitive realm of forensics. The judge is both an adjudicator and a teacher within each round, and, therefore, ballots should provide students with comments indicating reasons…

  9. "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…

  10. 10 CFR 26.4 - FFD program applicability to categories of individuals.

    Science.gov (United States)

    2010-01-01

    ...) Performs quality assurance, quality control, or quality verification activities related to safety- or...) Adjudicating reviews or appeals of access authorization determinations; (vi) Auditing the access authorization... this part, who do not routinely provide FFD program services to a licensee or other entity in this...

  11. 40 CFR 51.354 - Adequate tools and resources.

    Science.gov (United States)

    2010-07-01

    ... assurance, data analysis and reporting, and the holding of hearings and adjudication of cases. A portion of... supply of vehicles for covert auditing, test equipment and facilities for program evaluation, and computers capable of data processing, analysis, and reporting. Equipment or equivalent services may...

  12. 32 CFR 147.1 - Introduction.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Introduction. 147.1 Section 147.1 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE PERSONNEL, MILITARY AND CIVILIAN... Introduction. The following adjudicative guidelines are established for all United States Government...

  13. 8 CFR 1240.68 - Failure to appear at an interview before an asylum officer or failure to follow requirements for...

    Science.gov (United States)

    2010-01-01

    ... asylum officer or failure to follow requirements for fingerprinting. 1240.68 Section 1240.68 Aliens and... appear at an interview before an asylum officer or failure to follow requirements for fingerprinting. (a... application or waiver of the right to an adjudication by an asylum officer. A written request to...

  14. 8 CFR 208.9 - Procedure for interview before an asylum officer.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Procedure for interview before an asylum... REGULATIONS PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL Asylum and Withholding of Removal § 208.9 Procedure for interview before an asylum officer. (a) The Service shall adjudicate the claim of each...

  15. 8 CFR 240.68 - Failure to appear at an interview before an asylum officer or failure to follow requirements for...

    Science.gov (United States)

    2010-01-01

    ... asylum officer or failure to follow requirements for fingerprinting. 240.68 Section 240.68 Aliens and... Removal Under Section 203 of Pub. L. 105-100 § 240.68 Failure to appear at an interview before an asylum... an adjudication by an asylum officer. A written request to reschedule will be granted if it is...

  16. 12 CFR 747.5 - Authority of the administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Authority of the administrative law judge. 747... UNIONS ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Uniform Rules of Practice and Procedure § 747.5 Authority of the administrative law judge. (a)...

  17. The politics of international law and compliance : Serbia, Croatia and The Hague Tribunal

    NARCIS (Netherlands)

    Rajkovic, Nikolas

    2012-01-01

    Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia's erratic record of compliance with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Since the demise of the Milosevic and Tudjman r

  18. 77 FR 4239 - Sexual Assault Prevention and Response (SAPR) Program

    Science.gov (United States)

    2012-01-27

    ... Crime, Health, Military personnel. Accordingly, 32 CFR Part 103 is added to read as follows: PART 103... person in fear does not constitute consent. A current or previous dating relationship or the manner of... Federal conviction, or a finding of guilty in a juvenile adjudication, for a felony crime of...

  19. 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

  20. 77 FR 16670 - Amendment to the International Traffic in Arms Regulations: Sri Lanka

    Science.gov (United States)

    2012-03-22

    ... for aerial and maritime surveillance. Regulatory Analysis and Notices Administrative Procedure Act The... function are exempt from Sec. 553 (Rulemaking) and Sec. 554 (Adjudications) of the Administrative Procedure... principles set forth in the Executive Order. Executive Order 12988 The Department of State has reviewed...

  1. 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...

  2. 16 CFR 1025.68 - Prohibited communications.

    Science.gov (United States)

    2010-01-01

    ... not served on all parties; or (ii) Any oral communication concerning a matter in adjudication which is... oral or written ex parte communication relative to the merits of any proceedings under these Rules is a...) Prohibited oral ex parte communication. (i) If a prohibited oral ex parte communication is made to a...

  3. 42 CFR 405.902 - Definitions.

    Science.gov (United States)

    2010-10-01

    ... stepchildren and legally adopted children); (3) Grandchildren; (4) Parents; and (5) Grandparents. Fiscal... to section 1842 of the Act and is authorized to make determinations for Part B of title XVIII of the... review and/or adjudicate claims, determinations and/or decisions. Family member means for purposes of...

  4. 42 CFR 93.519 - Admissibility of evidence.

    Science.gov (United States)

    2010-10-01

    ... Rules of Evidence (FRE). However, the ALJ may apply the FRE where appropriate (e.g., to exclude... undue delay or needless presentation of cumulative evidence under FRE 401-403. (d) The ALJ must exclude... permitted under FRE 201 (Judicial Notice of Adjudicative Facts). (1) The ALJ may take judicial notice of...

  5. 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...

  6. 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...

  7. 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

  8. 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…

  9. Financial Instability: Suicide’s Weapon of Choice

    Science.gov (United States)

    2013-03-01

    children fulfill the American dream . Similar occurrences reported by local and national news agencies identified financial stress as a leading...enlisted and NCOs. Supplemental Nutrition Assistance Program (SNAP) (Food Stamps) Increasing enrollments and utilization of food stamps at military...a pattern of living beyond financial means.76 The adjudicating guidelines for determining eligibility and access to classified information

  10. 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...

  11. 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...

  12. 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...

  13. 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...

  14. 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...

  15. 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...

  16. 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...

  17. 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...

  18. 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...

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

    DEFF Research Database (Denmark)

    Serruys, Patrick W; Silber, Sigmund; Garg, Scot;

    2010-01-01

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

  20. 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...

  1. 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...

  2. Evaluation of a Single-Session Brief Motivational Enhancement Intervention for Partner Abusive Men

    Science.gov (United States)

    Crane, Cory A.; Eckhardt, Christopher I.

    2013-01-01

    The current study evaluated the efficacy of a single-session brief motivational enhancement (BME) interview to increase treatment compliance and reduce recidivism rates in a sample of 82 recently adjudicated male perpetrators of intimate partner violence (IPV). Batterer intervention program attendance and completion as well as re-arrest records…

  3. 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...

  4. 75 FR 3371 - Commission Guidance Concerning the Rules of Practice Relating to Reparations

    Science.gov (United States)

    2010-01-21

    ...: Reducing Formality in Agency Adjudication, 2 Admin. L.J. 39, 40 (1988) (quoting Government Accounting... that costs and benefits shall be evaluated in light of five broad areas of market and public concern... interest considerations. Accordingly, the Commission can, in its discretion, give greater weight to any...

  5. 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...

  6. 8 CFR 245a.19 - Interviews.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Interviews. 245a.19 Section 245a.19 Aliens... Interviews. (a) All aliens filing applications for adjustment of status with the Service under this section must be personally interviewed, except that the adjudicative interview may be waived for a child...

  7. 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.

  8. 12 CFR 1202.4 - What information is exempt from disclosure?

    Science.gov (United States)

    2010-01-01

    ... person of a right to fair trial or an impartial adjudication; (iii) Could reasonably be expected to... basis, and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence...

  9. 36 CFR 902.57 - Investigatory files compiled for law enforcement purposes.

    Science.gov (United States)

    2010-07-01

    ... enforcement proceedings; (2) Deprive a person of a right to a fair trial or an impartial adjudication; (3... and in the case of a record compiled by a criminal law enforcement authority in the courts of a criminal investigation, or by an agency conducting a lawful national security intelligence...

  10. 44 CFR 5.71 - Categories of records exempt from disclosure under 5 U.S.C. 552.

    Science.gov (United States)

    2010-10-01

    ... enforcement proceedings; (2) Would deprive a person of a right to a fair trial or an impartial adjudication..., and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security...

  11. 36 CFR 1007.2 - Records available.

    Science.gov (United States)

    2010-07-01

    ... enforcement proceedings, (ii) Would deprive a person of a right to a fair or an impartial adjudication, (iii..., and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security...

  12. A toolbox for European judges

    NARCIS (Netherlands)

    Hesselink, M.W.

    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

  13. 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...

  14. 15 CFR 921.13 - Management plan and environmental impact statement development.

    Science.gov (United States)

    2010-01-01

    ... strategies or actions for meeting the goals and objectives; (2) An administrative plan including staff roles... strategy for establishing adequate long-term state control over these areas sufficient to provide..., regulatory program development including associated enforcement costs, negotiation, adjudication, etc.)...

  15. 32 CFR 732.26 - Standard document numbers.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Standard document numbers. 732.26 Section 732.26... Document Numbers § 732.26 Standard document numbers. Adjudication authorities will assign to each claim approved for payment, a unique 15 position alpha/numeric standard document number (SDN)....

  16. 48 CFR 1852.215-84 - Ombudsman.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Ombudsman. 1852.215-84 Section 1852.215-84 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE ADMINISTRATION... selection process, or the adjudication of formal contract disputes. Therefore, before consulting with...

  17. 19 CFR 103.12 - Exemptions.

    Science.gov (United States)

    2010-04-01

    ... secret in the interest of national defense or foreign policy and which are, in fact, properly classified... enforcement proceedings; (2) Would deprive a person of a right to a fair trial or an impartial adjudication..., in the case of a record or information compiled by a criminal law enforcement authority in the...

  18. 40 CFR 2.105 - Exemption categories.

    Science.gov (United States)

    2010-07-01

    ... policy; and (ii) Are in fact properly classified pursuant to such Executive order; (2) Related solely to... enforcement proceedings; (ii) Would deprive a person of a right to a fair trial or an impartial adjudication... confidential basis, and, in the case of a record or information compiled by a criminal law...

  19. 12 CFR 407.2 - Closing meetings.

    Science.gov (United States)

    2010-01-01

    ... established by an Executive order to be kept secret in the interests of national defense or foreign policy and...) Deprive a person of a right to a fair trial or an impartial adjudication, (iii) Constitute an unwarranted... record compiled by a criminal law enforcement authority in the course of a criminal investigation, or...

  20. 49 CFR 1012.7 - Meetings which may be closed to the public.

    Science.gov (United States)

    2010-10-01

    ... be kept secret in the interests of national defense or foreign policy and (ii) in fact properly... enforcement proceedings, (ii) deprive a person of a right to a fair trial or an impartial adjudication, (iii... and (in the case of a record compiled by a criminal law enforcement authority in the course of...

  1. 12 CFR 1402.10 - Official records of the Farm Credit System Insurance Corporation.

    Science.gov (United States)

    2010-01-01

    ... established by an Executive order to be kept secret in the interest of national defense or foreign policy and...; (ii) Would deprive a person of a right to a fair trial or an impartial adjudication; (iii) Could... of a record or information compiled by criminal law enforcement authority in the course of a...

  2. 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...

  3. 78 FR 15541 - Patient Protection and Affordable Care Act; Amendments to the HHS Notice of Benefit and Payment...

    Science.gov (United States)

    2013-03-11

    ... in which the merger or acquisition took place, the QHP issuer must continue to use the methodology... complex than pharmaceutical benefits and often have a longer time lag between submission and adjudication... parameters for pharmaceutical and medical services, the QHP issuer may elect to develop separate sets...

  4. 20 CFR 405.30 - Discrimination complaints.

    Science.gov (United States)

    2010-04-01

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

  5. 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)…

  6. 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

  7. 19 CFR 210.50 - Commission action, the public interest, and bonding by respondents.

    Science.gov (United States)

    2010-04-01

    ... INVESTIGATIONS OF UNFAIR PRACTICES IN IMPORT TRADE ADJUDICATION AND ENFORCEMENT Determinations and Actions Taken... the matter under consideration pursuant to paragraph (a)(1) of this section is whether to grant some... under consideration is whether to grant some form of temporary relief, such submissions shall be...

  8. 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...

  9. 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…

  10. 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,…

  11. 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,

  12. 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…

  13. 7 CFR 550.34 - Research misconduct.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 6 2010-01-01 2010-01-01 false Research misconduct. 550.34 Section 550.34 Agriculture... Program Management § 550.34 Research misconduct. (a) The Cooperator bears the primary responsibility for prevention and detection of research misconduct and for the inquiry, investigation and adjudication...

  14. 48 CFR 1252.235-70 - Research misconduct.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Research misconduct. 1252... Research misconduct. As prescribed in (TAR) 48 CFR 1235.7000, insert the following clause: Research Misconduct (APR 2005) (a) Definitions. As used in this clause— Adjudication means the process of...

  15. 78 FR 21125 - Findings of Research Misconduct

    Science.gov (United States)

    2013-04-09

    ... HUMAN SERVICES Office of the Secretary Findings of Research Misconduct AGENCY: Office of the Secretary..., Division of Hematology, UW, engaged in research misconduct in research supported by National Cancer... research misconduct based on the UW Faculty Adjudication Hearing Panel decision. The settlement is not...

  16. 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...

  17. 75 FR 41254 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving a...

    Science.gov (United States)

    2010-07-15

    ... reported customer complaint, arbitration or litigation is less than ten years old; and (iii) the person has... are customer complaints that were reported on a uniform registration form that are more than two years old and that have not been settled or adjudicated and customer complaints, arbitrations,...

  18. 32 CFR 842.133 - Claims by customers, members, participants, or authorized users.

    Science.gov (United States)

    2010-07-01

    ... by customers, members, participants, or authorized users. (a) Customer complaints. Do not automatically adjudicate customer complaint claims until a determination is made that a valid claim exists. Complaints and personal property losses suffered by customers of MWR sales or service operations are...

  19. 77 FR 61615 - Agency Information Collection Activities: Submission for OMB Review; Comment Request

    Science.gov (United States)

    2012-10-10

    ...-sentencing diversion, providing care during gaps in enrollment after incarceration, and supporting other... emphasis on screening, assessment, and services provided prior to arrest, adjudication and/or sentencing to... as well as other health and social outcomes such as education, juvenile justice involvement,...

  20. Legal Dispositions and Confinement Policies for Delinquent Youth. State Legislative Report, Vol 13, No. 23.

    Science.gov (United States)

    National Conference of State Legislatures, Denver, CO.

    This report explores current state laws regarding dispositional options for adjudicated delinquents; examines decision-making responsibility for placement, sentence length and discharge within state juvenile justice systems; and highlights some of the more innovative state approaches in juvenile justice dispositions and sentencing practices. Data…

  1. Community Reintegration Outcomes for Formerly Incarcerated Adolescent Fathers and Nonfathers.

    Science.gov (United States)

    Unruh, Deanne; Bullis, Michael; Yovanoff, Paul

    2003-01-01

    Data from the study, Transition Research on Adjudicated Youth in Community Settings, were used to examine community integration outcomes for the subgroup of adolescent fathers. Juvenile offenders who were fathers were found to return to the correctional system at a higher rate than nonfathers, but fathers who remained in the community were…

  2. 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...

  3. 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....

  4. 12 CFR 747.613 - Further proceedings.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Further proceedings. 747.613 Section 747.613... Justice Act in NCUA Board Adjudications § 747.613 Further proceedings. (a) After the expiration of the... underlying proceeding. Ordinarily, the determination of an award will be made on the basis of the...

  5. 29 CFR 16.304 - Further proceedings.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Further proceedings. 16.304 Section 16.304 Labor Office of... Further proceedings. (a) Ordinarily, the determination of an award will be made on the basis of the... initiative, the adjudicative officer may order further proceedings, such as an informal conference,...

  6. 14 CFR 14.26 - Further proceedings.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Further proceedings. 14.26 Section 14.26... proceedings. (a) Ordinarily the determination of an award will be made on the basis of the written record... adjudicative officer assigned to the matter may order further proceedings, such as an informal conference,...

  7. 34 CFR 21.44 - Further proceedings.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Further proceedings. 21.44 Section 21.44 Education... Considering Applications? § 21.44 Further proceedings. (a) The adjudicative officer shall make the... further proceedings on his or her own initiative or at the request of the applicant or the...

  8. 5 CFR 2610.307 - Further proceedings.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Further proceedings. 2610.307 Section... proceedings. (a) Ordinarily, the determination of an award will be made on the basis of the written record... adjudicative officer may order further proceedings, such as an informal conference, oral argument,...

  9. Youth Violence: An Action Research Project.

    Science.gov (United States)

    Davis, Eddie; Beverly, Creigs

    1991-01-01

    Twenty youth, aged 13-17, adjudicated for acts of violence, displayed some characteristics consistent with Toch's typology of compensatory violence (insecurity or low self-esteem) and narcissism. Areas unaccounted for by Toch's typologies included failed childrearing practices, lack of a role in society, and inordinate concern for respect and…

  10. 76 FR 2035 - Procedures for Protests and Contracts Dispute

    Science.gov (United States)

    2011-01-12

    ... determining an appropriate remedy. Subpart C--Contract Disputes In subpart C, current Sec. Sec. 17.23, 17.25... Adjudicative process for protests. 17.23 Protest remedies. ] Subpart C--Contract Disputes 17.25 Dispute... an alleged breach of that contract. A contract dispute does not require, as a prerequisite,...

  11. The Effect of Type-1 Error on Deterrence

    DEFF Research Database (Denmark)

    Lando, Henrik; Mungan, Murat C.

    A traditional view of law and economics holds that an increase in the probability with which a court will convict an innocent defendant (type-1 error) lowers deterrence as much as an increase in the probability with which the court will acquit a guilty defendant (type-2 error). We demonstrate...... 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 acts...... lawfully, and hence such type-1 error does not exert any direct effect on deterrence. Moreover, any indirect effect on deterrence is likely to be small because when the potential offender abides by the law, his risk of being subject to adjudication is generally shared with many other innocent people....

  12. 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.

  13. Incorporating a right to health perspective into the resolution of patent law disputes.

    Science.gov (United States)

    Oke, Emmanuel Kolawole

    2013-12-12

    This article adopts the view that the courts in developing countries can play an important role in improving access to medicines in their countries if they incorporate a right to health perspective when adjudicating patent cases involving pharmaceutical products. The article argues that, since patent rights are not human rights, they should not be allowed to trump the right to health. The paper examines two notable cases decided by the courts in Kenya that illustrate the crucial role that incorporating a right to health perspective can play in improving access to medicines. Finally, the paper provides five reasons why courts in developing countries cannot afford to ignore the right to health when adjudicating cases involving patent rights on pharmaceutical products.

  14. Legal time limits vs. discretional limits of administrative judicial review in Albania

    Directory of Open Access Journals (Sweden)

    Gerti Shella

    2016-11-01

    Full Text Available Administrative courts in Albania were established in 2012, as a separate branch of the court system, following enactment of the Law No. 49/2012 “On the Organization and Functioning of the Administrative Courts and Adjudication of Administrative Disputes”. One of the main features of the administrative adjudication is the swiftness at which it should be carried out. The law provides carefully for many time limits and procedural deadlines, to achieve such intended effect. This article focuses specifically on the time limits of concluding (1 the judicial review in administrative courts and 2 on due delivery of the final decision in court secretariat. These two distinct procedural phases constitute 98% of the length of a court case in time terms. The main thesis of this paper is that time limits which are explicitly written and required by the law produce better results in terms of compliance of judges with law and higher efficiency compared to discretional time limits.

  15. 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

    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......-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...... in HIV clinical trials. Committees should include those familiar with AIDS and non-AIDS-defining diseases and have processes for adjudicating differences of opinion. Training for local investigators and procedure manuals should emphasize obtaining maximum possible documentation and follow-up information...

  16. 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.

  17. Carotid artery stenting compared with endarterectomy in patients with symptomatic carotid stenosis (International Carotid Stenting Study): an interim analysis of a randomised controlled trial

    OpenAIRE

    Ederle, J; Dobson, J.; Featherstone, RL; Bonati, LH; van der Worp, HB; de Borst, GJ; lo, TH; Gaines, P.; Dorman, PJ; Macdonald, S; Lyrer, PA; Hendriks, JM; McCollum, C; Nederkoorn, PJ; Brown, MM

    2010-01-01

    Summary Background Stents are an alternative treatment to carotid endarterectomy for symptomatic carotid stenosis, but previous trials have not established equivalent safety and efficacy. We compared the safety of carotid artery stenting with that of carotid endarterectomy. Methods The International Carotid Stenting Study (ICSS) is a multicentre, international, randomised controlled trial with blinded adjudication of outcomes. Patients with recently symptomatic carotid artery stenosis were ra...

  18. A Relevant Risk Approach to Mental Health Inquiries in Question 21 of the Questionnaire for National Security Positions (SF-86)

    Science.gov (United States)

    2015-03-24

    trustworthiness.” Refer to Appendix A to see Guideline I in its entirety. The fact that an individual has seen a mental health professional, or has or...distinction, emphasized in the Adjudicative Guidelines . The vast majority of mental health conditions carry no implications vis-à-vis security risk, and...example, consider a woman who is sexually assaulted in the line of service. She may or may not seek counseling or develop mental health symptoms. Her

  19. 32 CFR 733.3 - Information and policy on support of dependents.

    Science.gov (United States)

    2010-07-01

    ... adjudicated by the civil courts. Because of the inherent arbitrary and temporary nature of the support scales... one minor child—1/2 gross pay For spouse and two or more children—3/5 gross pay For one minor child—1/6 gross pay For two minor children—1/4 gross pay For three or more children—1/3 gross pay (2)...

  20. Commentary: Competency restoration research--complicating an already complex process.

    Science.gov (United States)

    Rotter, Merrill; Greenspan, Michael

    2011-01-01

    Predicting restorability in individuals found not competent to stand trial is an enduring focus of interest among forensic clinicians and academicians. In our commentary, we suggest that to understand this area even more comprehensively, we must look further. We must build on existing research on fitness to stand trial, move beyond diagnosis and a binary competence variable, and include the complex interplay between symptoms and fitness-related capacities that may be associated with lack of adjudicative competence and challenges to restorability.

  1. Development of diagnostic criteria for serious non-AIDS events in HIV clinical trials

    DEFF Research Database (Denmark)

    Lifson, Alan R; Belloso, Waldo H; Davey, Richard T

    2010-01-01

    PURPOSE: Serious non-AIDS (SNA) diseases are important causes of morbidity and mortality in the HAART era. We describe development of standard criteria for 12 SNA events for Endpoint Review Committee (ERC) use in START, a multicenter international HIV clinical trial. METHODS: SNA definitions were...... was reached. CONCLUSION: HIV clinical trials that include SNA diseases as clinical outcomes should have standardized SNA definitions to optimize event reporting and validation and should have review by an experienced ERC with opportunities for adjudication....

  2. Dredging Evolutionary Theory : the emergence of the deep sea as a transatlantic site for evolution, 1853-1876

    OpenAIRE

    Alaniz, Rodolfo John

    2014-01-01

    Marine invertebrate specimens from the ocean floor played a large role in the formation of evolutionary theory and they continued to help men of science adjudicate natural selection later into the nineteenth century. By 1880, the deep ocean floor had become "Darwin's laboratory," a place to test the "direct action of external conditions on organisms." According to dominant Victorian marine biology, the deep sea was an eternal, unchanging biogeographical space. There, and only there, could nat...

  3. 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...

  4. 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...

  5. DoD Identity Matching Engine for Security and Analysis (IMESA) Access to Criminal Justice Information (CJI) and Terrorist Screening Databases (TSDB)

    Science.gov (United States)

    2016-05-04

    adjudication responsibilities. c. Develops: (1) Tracking procedures for IMESA gained information for auditing purposes. DoDI 5525.19, May 4...cybersecurity and information technology policy and guidance for the IMESA, its employment, and its use with other systems to ensure protection of controlled...Enrollment Eligibility Reporting System (DEERS), and securely access DoD authoritative and other digital identity data and information to support

  6. Effectiveness of Administrative Appeals Within the Framework of Administrative Justice in Belgium

    Directory of Open Access Journals (Sweden)

    Ludo VENY

    2011-02-01

    Full Text Available This article outlines the various forms of administrative appeal in Belgium. Furthermore, the administrative appeals regarding the adjudication or refusal of a building permit, the openness of administration, the income tax and the suspension of an unemployment benefits are examined. In each case an inventory of legal norms is made, the case law analysed and the national literature on the topic reviewed.

  7. 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.

  8. 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.

  9. 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.

  10. The US Financial Crisis

    DEFF Research Database (Denmark)

    Campbell, John L.

    2011-01-01

    Many comparative political economists hold that market performance depends on the presence of institutional complementarities. Some argue that when institutions reinforce similar incentives markets work best. Others disagree and argue that for markets to function well institutions must compensate...... for each other's shortcomings rather than reinforce each other's incentives. This paper uses evidence from the US financial crisis of 2008 to adjudicate this debate. It argues that different types of institutional complementarities are necessary in combination to ensure market stability and successful...

  11. Systematic review of the impact of adult drug-treatment courts.

    Science.gov (United States)

    Brown, Randall T

    2010-06-01

    The U.S. correctional system is overburdened with individuals suffering from substance use disorders. These illnesses also exact a heavy toll on individual and public health and well-being. Effective methods for reducing the negative impact of substance use disorders comprise critical concerns for policy makers. Drug treatment court (DTC) programs are present in more than 1800 county, tribal, and territorial jurisdictions in the United States as an alternative to incarceration for offenders with substance use disorders. This review article summarizes the available descriptive information on representative DTC populations and the observational studies of drug court participants, and it specifically reviews the available experimental effectiveness literature on DTCs. The review concludes by examining the limitations of the current literature, challenges to conducting research in drug court samples, and potential future directions for research on DTC interventions. A review of nonexperimental and quasi-experimental literature regarding the impact of DTCs points toward benefit versus traditional adjudication in averting future criminal behavior and in reducing future substance use, at least in the short term. Randomized effectiveness studies of DTCs are scant (3 were identified in the literature on U.S. adult drug courts), and methodological issues develop in combining their findings. These randomized trials failed to demonstrate a consistent effect on rearrest rates for drug-involved offenders participating in DTC versus typical adjudication. The 2 studies examining reconviction and reincarceration, however, demonstrated reductions for the DTC group versus those typically adjudicated.

  12. 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.

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

    Directory of Open Access Journals (Sweden)

    Ricardo J. Cumba

    2012-01-01

    Full Text Available 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 μm. Nine months later, SR reidentified SSLs. Intraobserver and interobserver agreement in SSL placement, trabecular-iris space area (TISA750, and angle opening distance (AOD750 were calculated. Results. In 84% of quadrants, SR’s SSL placements during 2 sessions were within 80 μm in both the X- and Y-axes, and in 77% of quadrants, SR and AZC were within 80 μm in both axes. In adjudicated images, 90% of all quadrants were within 80 μm, 88% in nonopen-angle eyes, and 92% in open-angle eyes. The intraobserver and interobserver correlation coefficients (with and without adjudication were above 0.9 for TISA750 and AOD750 for all quadrants. Conclusions. Reproducible identification of the SSL from images obtained with FD-ASOCT is possible. The ability to identify the SSL allows reproducible measurement of the anterior chamber angle using TISA750 and AOD750.

  14. 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

  15. 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.

  16. 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.

  17. Pancreatic safety in Japanese patients with type 2 diabetes treated with once weekly dulaglutide 0.75 mg up to 52 weeks in phase 3 clinical trials.

    Science.gov (United States)

    Emoto, Masanori; Oura, Tomonori; Matsui, Akiko; Kazama, Hirotaka; Iwamoto, Noriyuki

    2017-02-27

    The effects of incretin therapies on pancreatic safety are currently being evaluated. In 3 phase 3 clinical studies of once weekly dulaglutide 0.75 mg (dulaglutide) in Japanese patients with type 2 diabetes (T2D), symptoms suggestive of acute pancreatitis as well as pancreatic enzymes were assessed and the risk of acute pancreatitis was evaluated. Patients who met any of the predefined criteria (clinical signs/symptoms of acute pancreatitis, confirmed amylase or lipase level ≥3 times the upper limit of normal [ULN], abdominal imaging of the pancreas) were adjudicated for acute pancreatitis by a blinded external committee. A total of 43 events in 40 patients (dulaglutide, 35/917 patients; liraglutide, 2/137 patients; insulin glargine, 2/180 patients; and placebo, 2/70 patients) were adjudicated (1 patient had events adjudicated during both placebo and dulaglutide treatment); 2 patients treated with dulaglutide had acute pancreatitis confirmed (2/917 [0.2%]; 2.651 patients/1,000 patient-years). One of these patients was diagnosed by the investigator with acute pancreatitis related to dulaglutide, but there was no typical abdominal pain. The event in the other patient occurred following an endoscopic ultrasound-guided fine needle aspiration. Transient increases in lipase ≥3×ULN were observed in 2% of patients in both the dulaglutide and liraglutide groups; the incidence in dulaglutide-treated patients was not significantly different from the incidences in liraglutide, placebo-, or insulin glargine-treated patients. Results of systematic assessments of pancreatic safety in 3 phase 3 studies for up to 52 weeks do not suggest an increased risk of acute pancreatitis in Japanese patients treated with dulaglutide.

  18. 判决的整体性:科学发展观的应用%The Integrality of Judgment:Application of Scientific Outlook on Development

    Institute of Scientific and Technical Information of China (English)

    刘静旺

    2015-01-01

    Judicial adjudication is a rational cause and often embodies the holism idea approach in this kind of undertaking. This holistic approach is the overcome with the legal mechanism and formalism, and an important way to seek judicial rationality outside the law article. Integrity of judicial adjudication is embodied not only in the written judgment of ancient China, also expressed in judicial adjudication in the United States. Similarly, The Scientific Outlook on Development which is implemented in the judiciary of contemporary China can also be deemed as an important embodiment of the holism, furthermore, the means to seek the judicial rationality and help to improve the quality of the written judgment.%司法审判是一项合理化的事业,而在这种合理化事业中往往体现了一种整体主义的思想进路,这种整体性进路是对法律机械主义和形式主义的克服,是在法条之外谋求司法合理性的重要方式。司法判决的整体性既体现在古代中国的判决书当中,也表达在美国司法审判当中,而当代中国在司法中贯彻科学发展观的理念也是一种整体主义的重要体现,是进一步谋求司法合理化的手段,并有助于提升判决书的质量。

  19. 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.

  20. The Duty to effect an appropriate Mode of Payment to Minor Pension Beneficiaries under Scrutiny in Death Claims

    Directory of Open Access Journals (Sweden)

    N Dyani

    2009-07-01

    Full Text Available This note focuses on the payment into a trust arrangement in favour of a minor beneficiary as contemplated in terms of section 37C (2 of the Pension Funds Act 24 of 1956. The aim is to examine the criteria under which the boards of management of pension funds may deprive a guardian the right to administer benefits on behalf of minor beneficiaries. This examination is conducted within the context of the approach adopted by the Pension Funds Adjudicator in four specific determinations decided prior, but relevant, to the amendments to the Pension Funds Act, where the board in each case unlawfully deprived a guardian of the right to administer death benefits in favour of a minor beneficiary. Therefore, the note will discuss four specific determinations and thereafter comment about the criteria to be used by practitioners. The note argues that these determinations should be welcomed because of their progressive interpretation of the Pension Funds Act and for setting an important precedent for pension fund practitioners and boards. In each case, the Pension Funds Adjudicator found a violation of section 37C. The note also criticises the remedy granted in two of the determinations, namely Moralo v Holcim South African Provident Fund, and Mafe v Barloworld (SA Retirement Fund Respondent, and argues that the Pension Funds Adjudicator’s ruling on these matters was arbitrary and capricious because it disregarded its own precedent in Lebepe v Premier Foods Provident Fund & Others. We therefore submit that the Pension Funds Adjudicator should have ordered the boards in Moralo v Holcim South African Provident Fund, and Mafe v Barloworld (SA Retirement Fund Respondent to pay all of the benefits directly to the complainants and guardians in those determinations.

  1. 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].

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

    Energy Technology Data Exchange (ETDEWEB)

    Guermazi, Ali; Hayashi, Daichi [Boston University School of Medicine, Quantitative Imaging Center, Department of Radiology, Boston, MA (United States); Hunter, David J. [New England Baptist Hospital, Division of Research, Boston, MA (United States); University of Sydney, Northern Clinical School, Sydney (Australia); Li, Ling [New England Baptist Hospital, Division of Research, Boston, MA (United States); Benichou, Olivier [Eli Lilly and Co, Indianapolis, IN (United States); Eckstein, Felix [Paracelsus Medical University, Salzburg (Austria); Chondrometrics GmbH, Ainring (Germany); Kwoh, C.K. [University of Pittsburgh School of Medicine, Division of Rheumatology and Clinical Immunology, Pittsburgh, PA (United States); Nevitt, Michael [University of California, Department of Epidemiology and Biostatistics, San Francisco, CA (United States)

    2012-02-15

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

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

    CERN Document Server

    2001-01-01

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

  4. 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.

  5. 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.

  6. Jurisdictional Consequences Associated with the Multiplication of International Tribunals: What Are the Potential Risks?

    Directory of Open Access Journals (Sweden)

    Carlos Bellei Tagle

    2016-01-01

    Full Text Available The dispute resolution system is an essential aspect in order to grant efficacy to international law. In recent years various transformations have been tried, the most significant of which are the multiplication of international courts and tribunals. This work explores the different effects this result has generated, concentrating on some considered negative. Likewise, it reviews different alternatives that have arisen to mitigate the jurisdictional risks occasioned by the explosive increase in organs of adjudication.

  7. 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%.

  8. Processes of Metastudy: A Study of Psychosocial Adaptation to Childhood Chronic Health Conditions

    Directory of Open Access Journals (Sweden)

    David B. Nichola

    2006-03-01

    Full Text Available Metastudy introduces a systematically aggregated interpretive portrayal of a body of literature, based on saturation and the synthesis of findings. In this metastudy, the authors examined qualitative studies addressing psychosocial adaptation to childhood chronic health conditions, published over a 30-year period (1970–2000. They describe metastudy processes, including study identification, strategies for study search and retrieval, adjudication of difference in study design and rigor, and analysis of findings. They also illustrate metastudy components through examples drawn from this project and discuss implications for practice and recommendations.

  9. HDL cholesterol and residual risk of first cardiovascular events after treatment with potent statin therapy: an analysis from the JUPITER trial

    DEFF Research Database (Denmark)

    Ridker, P.M.; Genest, J.; Boekholdt, S.M.;

    2010-01-01

    Background HDL-cholesterol concentrations are inversely associated with occurrence of cardiovascular events. We addressed, using the JUPITER trial cohort, whether this association remains when LDL-cholesterol concentrations are reduced to the very low ranges with high-dose statin treatment. Methods...... by a computer-generated sequence to receive rosuvastatin 20 mg per day or placebo, with participants and adjudicators masked to treatment assignment. In the present analysis, we divided the participants into quartiles of HDL-cholesterol or apolipoprotein A1 and sought evidence of association between...

  10. 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...

  11. Predicting alcohol consumption during the month before and after beginning college

    Directory of Open Access Journals (Sweden)

    Stout Robert L

    2010-06-01

    Full Text Available Abstract Background We sought to determine predictors of drinking the month before and after beginning college, as well as changes in drinking between these two periods among adjudicated students. We conducted these analyses to inform individual and university-wide approaches to addressing underage drinking, particularly among the heaviest drinkers. Methods The sample consisted of 143 students entering college, adjudicated during their first semester, and interviewed during the same semester. The sample consisted of 43% women. Drinking data were collected through the Time-Line Follow-Back interview. Results The average number of drinking days (DD during the first month of college was 7.0 (SD = 4.7, the average number of drinks per drinking day (DDD was 7.4 (SD = 3.4, and the average volume of standard drink units consumed during this month was 56.3 (SD = 51.2. Students had volunteered for a two-year college facilitation study, and had been invited to participate after receiving a citation for violating university alcohol policies. Analyses consisted of nine backward elimination regression analyses with nine variables entered as predictors (one was a control variable. Age of first intoxication was related to every dependent measure. Men had a higher August DDD, September DDD, and September volume than women. Roommate drinking level was associated with September DDD and September volume. Out-of-state students had a lower August volume than in-state students. High school rank was inversely related to September drinking days. SAT score, declared major status, and fraternity/sorority status were not related to drinking according to these multivariate analyses. Conclusions Results suggest that approaches to underage drinking for adjudicated students may need to be tailored according to age of first intoxication. Results also suggest the drinking level of the heaviest drinking roommate may moderate individual level interventions. Further, interventions

  12. 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...... or own property, the place of delivery, payment or other performance etc. Using concrete case-based examples, Professor Lookofsky explains how rules of jurisdiction and contract conflicts in Europe are tied to rigidly defined, single-place-based factors. In the United States, by contrast...

  13. Randomized trial of switching from prescribed non-selective non-steroidal anti-inflammatory drugs to prescribed celecoxib

    DEFF Research Database (Denmark)

    Macdonald, Thomas M; Hawkey, Chris J; Ford, Ian;

    2016-01-01

    BACKGROUND: Selective cyclooxygenase-2 inhibitors and conventional non-selective non-steroidal anti-inflammatory drugs (nsNSAIDs) have been associated with adverse cardiovascular (CV) effects. We compared the CV safety of switching to celecoxib vs. continuing nsNSAID therapy in a European setting...... primary events per 1000 patient-years exposure. There were only 15 adjudicated secondary upper gastrointestinal complication endpoints (0.078/100 patient-years on celecoxib vs. 0.053 on nsNSAIDs OT, 0.078 vs. 0.053 ITT). More gastrointestinal serious adverse reactions and haematological adverse reactions...

  14. 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.

  15. 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

  16. 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

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

    CERN Document Server

    2000-01-01

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

  18. 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

    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......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...

  19. Reestructuración procesos interventoría CRA - Codensa, “Inspecciones de Seguridad Industrial y Salud Ocupacional”

    OpenAIRE

    2012-01-01

    Consultores Regionales Asociados (CRA), se adjudicó en 2.010 un contrato con Codensa S.A. ESP, cuyo objeto principal es la realización de Inspecciones de Seguridad Industrial y Salud Ocupacional a todas las cuadrillas que hacen parte de los contratos marcos suscritos. Este informe tiene como objeto dar a conocer las diferentes etapas que se tuvieron en cuenta para realizar una restructuración dentro de un contrato establecido, con el fin de hacer mas eficiente la operación y por ende mas rent...

  20. 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.

  1. Proposal to negotiate, without competitive tendering, the renewal of a blanket purchase contract for the supply and maintenance of VME single-board computers for the LHC and its injectors

    CERN Document Server

    2003-01-01

    This document concerns the renewal of a blanket purchase contract for the supply and maintenance of VME single-board computers for the LHC and its injectors. The Finance Committee is invited to agree to the negotiation of the renewal of a blanket purchase contract with CREATIVE ELECTRONIC SYSTEMS (CH), without competitive tendering, for the supply and maintenance of VME single-board computers for an estimated total amount not exceeding 2 500 000 Swiss francs for the period 2004-2006. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: CH-80%, US-20%.

  2. 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

  3. 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.

  4. 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...

  5. Revised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System Disorders. Final rule.

    Science.gov (United States)

    2016-12-02

    We are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving human immunodeficiency virus (HIV) infection in adults and children under titles II and XVI of the Social Security Act (Act). We also are revising the introductory text of the listings that we use to evaluate functional limitations resulting from immune system disorders. The revisions reflect our program experience, advances in medical knowledge, our adjudicative experience, recommendations from a commissioned report, and comments from medical experts and the public.

  6. [Soldiers and HIV: impact of medical knowledge on the analysis of discrimination in the constitution].

    Science.gov (United States)

    Pou Giménez, Francisca

    2012-01-01

    In 2007 the Mexican Supreme Court issued several opinions dealing with military personnel dismissed from the Army because of their being HIV-positive. The author describes the main questions under discussion and the core arguments developed by the Court, and stresses three reasons why these cases deserve close attention: positively, because they reinforced the use of the proportionality principle as a tool for identifying discriminatory norms and because they opened the door to the use of specialized scientific knowledge in constitutional adjudication; negatively, because they failed to build on the direct normative efficacy of the right to health.

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    Evelyn Klein

    Full Text Available 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.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.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 < 0.0001.The use of the soluble fms-like tyrosine kinase 1/placental growth factor test influenced clinical decision making towards appropriate hospitalization in a considerable proportion of women with suspected preeclampsia. This is the first study to demonstrate the impact of angiogenic biomarkers on decision making in a routine clinical practice.

  9. Predictive factors of brain death in severe stroke patients identified by organ procurement and transplant coordination in Lorrain, France.

    Science.gov (United States)

    Humbertjean, Lisa; Mione, Gioia; Fay, Renaud; Durin, Laurent; Planel, Sophie; Lacour, Jean-Christophe; Enea, Ana-Maria; Richard, Sébastien

    2016-03-01

    There are no established predictive factors to identify patients at the acute phase of severe stroke with a high probability of presenting brain death (BD). We retrospectively collected clinical and paraclinical data of consecutive patients at the acute phase of severe stroke with a potential progression to BD through the hospital organ procurement and transplant coordination system in five centres in Lorrain (France) between 1 January 2012 and 31 December 2013. Final endpoint was adjudicated BD. Of 400 included patients, 91 (23%) presented adjudicated BD. Initial Glasgow Coma Scale score ≤6 (P = 0.008), herniation (P = 0.009), hydrocephalus (P = 0.019), initial systolic blood pressure >150 mmHg (P = 0.002), past history of alcohol abuse (P = 0.019) and stroke volume >65 ml (P = 0.040) were significantly associated with BD progression. Two prognostic scores for stroke with unquantifiable or quantifiable volume were built according to the number of risk factors presented. Following internal validation, the respective bias-corrected predictive performance (c-index) of the two scores was 72% (95% confidence interval: 67-78%) and 77% (95% confidence interval: 72-82%). These scores could form the basis of a simple tool of six criteria to help physicians make the difficult decision of intensive care unit management to preserve organs in potential donors.

  10. 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...

  11. Advanced algorithms for distributed fusion

    Science.gov (United States)

    Gelfand, A.; Smith, C.; Colony, M.; Bowman, C.; Pei, R.; Huynh, T.; Brown, C.

    2008-03-01

    The US Military has been undergoing a radical transition from a traditional "platform-centric" force to one capable of performing in a "Network-Centric" environment. This transformation will place all of the data needed to efficiently meet tactical and strategic goals at the warfighter's fingertips. With access to this information, the challenge of fusing data from across the batttlespace into an operational picture for real-time Situational Awareness emerges. In such an environment, centralized fusion approaches will have limited application due to the constraints of real-time communications networks and computational resources. To overcome these limitations, we are developing a formalized architecture for fusion and track adjudication that allows the distribution of fusion processes over a dynamically created and managed information network. This network will support the incorporation and utilization of low level tracking information within the Army Distributed Common Ground System (DCGS-A) or Future Combat System (FCS). The framework is based on Bowman's Dual Node Network (DNN) architecture that utilizes a distributed network of interlaced fusion and track adjudication nodes to build and maintain a globally consistent picture across all assets.

  12. 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.

  13. 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

  14. Long-term safety and effectiveness of tanezumab as treatment for chronic low back pain.

    Science.gov (United States)

    Gimbel, Joseph S; Kivitz, Alan J; Bramson, Candace; Nemeth, Mary Anne; Keller, David S; Brown, Mark T; West, Christine R; Verburg, Kenneth M

    2014-09-01

    A noncontrolled, randomized, multicenter study (NCT00924664) evaluated long-term safety and effectiveness of tanezumab in patients with chronic low back pain following a randomized placebo- and active-controlled parent study that evaluated analgesic efficacy. Patients were randomized to tanezumab 10mg (n=321) or 20mg (n=527) administered at 8-week intervals via 3 intravenous injections followed by 4 subcutaneous injections. Effectiveness analyses included change from parent study baseline in Brief Pain Inventory Short Form, Roland Morris Disability Questionnaire, and Patient's Global Assessment of low back pain. Safety assessments included adverse event documentation, physical/neurological examinations, and laboratory tests. Mean treatment duration during the extension study was 194 and 202 days with tanezumab 10 and 20mg, respectively. Both tanezumab doses provided similar and sustained improvements in all effectiveness outcomes. The most frequently reported adverse events were arthralgia, paresthesia, and hypoesthesia. Adverse events initially described as osteonecrosis were reported in 6 patients (tanezumab 10mg, n=2; tanezumab 20mg, n=4); 9 additional patients (tanezumab 10mg, n=7; tanezumab 20mg, n=2) underwent total joint replacement (TJR). A blinded, independent adjudication committee reviewed all 6 patients with reported osteonecrosis and 4 of the 9 patients undergoing TJR. Adjudication outcomes were osteonecrosis (n=0), worsening osteoarthritis (n=5; 1 rapidly progressive), and another diagnosis or indeterminate (n=5). Tanezumab 10mg had better tolerability than tanezumab 20mg, and may represent an effective long-term treatment for chronic low back pain.

  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.

  16. 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.

  17. 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.

  18. 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.

  19. Law-making functions of the Chinese courts:Judicial activism in a country of rapid social changes

    Institute of Scientific and Technical Information of China (English)

    WANG Chenguang

    2006-01-01

    The judicial production of law and the legislative production of law make a striking distinction between the two legal traditions.Despite of these differences,judges in both legal traditions in adjudicating cases have a common task,which is the application of legal rules to the facts of cases pending for judgments.The tension between the certainty and the "discretion" is universal for any legal system and,to a certain extent,it poses a hard dilemma for the rhetoric of rule of law.In the transitional countries such as China where rapid social changes and transformations take place,the judiciary and judges can not escape from taking more active roles in interpreting or even law making process.It arouses much controversy,particularly in continental legal traditions,for the judiciary is deemed to perform a mechanical role in adjudicating cases.This article intends to analyze the needs for judicial law.making function in China and its reasons.It reveals that judicial interpretation constitutes an important source of law despite its ambiguous legislative position.The article argues that judicial activism is inevitable against the transitional nature of current Chinese society.

  20. NEITHER FISH NOR FOWL: ADMINISTRATIVE JUDGES IN THE MODERN ADMINISTRATIVE STATE

    Directory of Open Access Journals (Sweden)

    Russell L. Weaver

    2010-10-01

    Full Text Available This article examines the role of administrative adjudication in the United States constitutional system. It begins by noting that such adjudication fits uncomfortably within a system of divided powers. Administrative judges, including administrative law judges [ALJs] (who have the highest level of protection and status, are considerably more circumscribed than ordinary Article III judges. Indeed, administrative judges are usually housed in the agencies for which they decide cases, rather than in independent adjudicative bodies, and they do not always have the final say regarding the cases they decide. In many instances, the agency can appeal an adverse administrative judge’s decision directly to the head of the agency, and the agency head retains broad power to overrule the administrative judge’s determinations. In other words, the agency can substitute its judgment for that of the administrative judge regarding factual determinations, legal determinations, and policy choices. As a result, many administrative adjudicative structures involve difficult tradeoffs between independence, political control, and accountability. This article examines issues related to the status and power of administrative judges, as well as the constraints that have been imposed on administrative adjudicative authority, and explores whether those constraints continue to serve the purposes for which they were originally imposed. Cet article examine le rôle du règlement de différends dans le domaine administratif dans le cadre du système constitutionnel des États-Unis. Il note d’abord qu’une telle façon de régler les différends cadre difficilement avec un système où les pouvoirs sont divisés. Les juges administratifs, y inclus les juges de droit administratif (qui jouissent du niveau le plus élevé de protection et de statut, sont considérablement plus restreints que les juges ordinaires sous l’Article III. En effet, les juges administratifs sont

  1. 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

  2. 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

  3. Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective.

    Science.gov (United States)

    Pandit, M S; Pandit, Shobha

    2009-07-01

    A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

  4. Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective

    Directory of Open Access Journals (Sweden)

    M S Pandit

    2009-01-01

    Full Text Available A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

  5. 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%.

  6. 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%.

  7. 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%.

  8. Optical coherence tomography assessment of a complex bifurcation lesion treated with double kissing Crush technique

    Science.gov (United States)

    Cai, Jin-Zan; Zhang, Yao-Jun; Xu, Tian; Zhu, Yong-Xiang; Mao, Chen-Yu; Bourantas, Christos V.; Crake, Tom; Chen, Shao-Liang

    2017-01-01

    Abstract The DEFINITION (Impact of the complexity of bifurcation lesions treated with drug-eluting stents) study has provided a novel classification to evaluate the complexity of coronary bifurcation lesion according to coronary angiography, but angiographic imaging due to its low resolution and inherited limitation may result in an inaccurate adjudication. We used optical coherence tomography (OCT) to further evaluate the coronary characteristics in a patient with “simple” bifurcation lesion which was classified by the DEFINITION criteria. However, a “complex” bifurcation lesion was defined and confirmed according to the OCT results. A double kissing Crush stenting approach was adopted to treat this “complex” case finally. The immediate and long-term angiographic and OCT results were excellent. OCT may be useful imaging modality to classify complexity of coronary bifurcation lesion and subsequently guide its treatment strategy. PMID:28072714

  9. 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.

  10. 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...

  11. 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...

  12. 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%.

  13. A scheme for supporting distributed data structures on multicomputers

    Science.gov (United States)

    Hiranandani, Seema; Saltz, Joel; Berryman, Harry; Mehrotra, Piyush

    1990-01-01

    A data migration mechanism is proposed that allows an explicit and controlled mapping of data to memory. While read or write copies of each data element can be assigned to any processor's memory, longer term storage of each data element is assigned to a specific location in the memory of a particular processor. The proposed integration of a data migration scheme with a compiler is able to eliminate the migration of unneeded data that can occur in multiprocessor paging or caching. The overhead of adjudicating multiple concurrent writes to the same page or cache line is also eliminated. Data is presented that suggests that the scheme may be a pratical method for efficiently supporting data migration.

  14. Domain-general mechanisms of complex working memory span.

    Science.gov (United States)

    Chein, Jason M; Moore, Adam B; Conway, Andrew R A

    2011-01-01

    A new fMRI complex working memory span paradigm was used to identify brain regions making domain-general contributions to working memory task performance. For both verbal and spatial versions of the task, complex working memory span performance increased the activity in lateral prefrontal, anterior cingulate, and parietal cortices during the Encoding, Maintenance, and Coordination phase of task performance. Meanwhile, overlapping activity in anterior prefrontal and medial temporal lobe regions was associated with both verbal and spatial recall from working memory. These findings help to adjudicate several contested issues regarding the executive mechanisms of working memory, the separability of short-term and working memory in the verbal and spatial domains, and the relative contribution of short-term and long-term memory mechanisms to working memory capacity. The study also provides a vital bridge between psychometric and neuroimaging approaches to working memory, and constrains our understanding of how working memory may contribute to the broader landscape of cognitive performance.

  15. Dual loyalty of physicians in the military and in civilian life.

    Science.gov (United States)

    Benatar, Solomon R; Upshur, Ross E G

    2008-12-01

    The concept of the dual loyalty physicians may have to both a patient and a third party is important in elucidating the obligations of physicians. The extent to which loyalty may be deflected from a patient to a third party (e.g., an insurance company or a prison commander) is greatly underestimated and has not attracted significant scholarly analysis. We examined dual loyalty in civilian and military contexts and used the principles of public health ethics to construct a framework for determining the legitimacy of physicians' obligations. We illustrate the application of these principles to problems physicians encounter regarding communicable diseases, elder abuse, and driving fitness. In the complex military context, independent ethics tribunals should be created to adjudicate loyalty conflicts.

  16. 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

    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......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...... (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....

  17. 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%.

  18. 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.

  19. 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.

  20. Proposal for the award of an industrial services contract for the operation and maintenance of the CERN electrical network and the inspection and supervision of the electrical installation work

    CERN Document Server

    2001-01-01

    This document concerns the award of a contract, without competitive tendering, for the supply of two cabling machines for the production of superconducting cable for the LHC main magnets. These cables are of two different types, hereafter referred as Cable 1 and Cable 2. For the reasons set out in this document, the Finance Committee is invited to agree to the negotiation of a contract with SETIC (FR) for the supply of two cabling machines, for a total amount not exceeding 3 200 000 euros (4 948 800 Swiss francs), not subject to revision. The rate of exchange which has been used is that stipulated in the tender. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: FR - 100%.

  1. 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.

  2. 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.

  3. 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%.

  4. The Institution of a Standardized Investigation Protocol for Sudden Infant Death in the Eastern Metropole, Cape Town, South Africa(,)().

    Science.gov (United States)

    Dempers, Johan J; Coldrey, Jean; Burger, Elsie H; Thompson, Vonita; Wadee, Shabbir A; Odendaal, Hein J; Sens, Mary Ann; Randall, Brad B; Folkerth, Rebecca D; Kinney, Hannah C

    2016-11-01

    The rate for the sudden infant death syndrome (SIDS) in Cape Town, South Africa, is estimated to be among the highest in the world (3.41/1000 live births). In several of these areas, including those of extreme poverty, only sporadic, nonstandardized infant autopsy, and death scene investigation (DSI) occurred. In this report, we detail a feasibility project comprising 18 autopsied infants with sudden and unexpected death whose causes of death were adjudicated according to the 1991 NICHD definitions (SIDS, n = 7; known cause of death, n = 7; and unclassified, n = 4). We instituted a standardized autopsy and infant DSI through a collaborative effort of local forensic pathology officers and clinical providers. The high standard of forensic investigation met international standards, identified preventable disease, and allowed for incorporation of research. We conclude that an effective infant autopsy and DSI protocol can be established in areas with both high sudden unexpected infant death, and elsewhere. (SUID)/SIDS risk and infrastructure challenges.

  5. 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.

  6. Whales, science, and scientific whaling in the International Court of Justice.

    Science.gov (United States)

    Mangel, Marc

    2016-12-20

    I provide a brief review of the origins of the International Convention on the Regulation of Whaling and the failure to successfully regulate whaling that led to the commercial moratorium in 1986. I then describe the Japanese Whale Research Programs Under Special Permit in the Antarctica (JARPA I, JARPA II) and the origins of the case Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) in the International Court of Justice. I explain that the International Court of Justice chose to conduct an objective review of JARPA II, the standard that it used for the review, and the pathway that it took to adjudicate the case without providing a definition of science to be used in international law. I conclude with a brief discussion of the implications of the Judgment for the International Convention on the Regulation of Whaling, and the International Whaling Commission in particular, for other international treaties, and for the interaction of science and law more generally.

  7. 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.

  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. Comprehensive Cognitive Assessments are not Necessary for the Identification and Treatment of Learning Disabilities.

    Science.gov (United States)

    Fletcher, Jack M; Miciak, Jeremy

    2017-02-01

    There is considerable controversy about the necessity of cognitive assessment as part of an evaluation for learning and attention problems. The controversy should be adjudicated through an evaluation of empirical research. We review five sources of evidence commonly provided as support for cognitive assessment as part of the learning disability (LD) identification process, highlighting significant gaps in empirical research and where existing evidence is insufficient to establish the reliability and validity of cognitive assessments used in this way. We conclude that current evidence does not justify routine cognitive assessment for LD identification. As an alternative, we offer an instructional conceptualization of LD: a hybrid model that directly informs intervention and is based on documenting low academic achievement, inadequate response to intensive interventions, and a consideration of exclusionary factors.

  10. Incidence, frequency and clinical characteristics of type 3 myocardial infarction in clinical practice

    DEFF Research Database (Denmark)

    Jangaard, Nikolaj; Sarkisian, Laura; Saaby, Lotte

    2017-01-01

    the Danish Register of Causes of Death, ambulance and hospital patient files. Adjudication of the diagnosis was done by two local experts and one external senior cardiologist. RESULTS: A total of 2766 of the 246.723 adult residents in the region had died. A type 3 myocardial infarction was diagnosed in 18......OBJECTIVES: Cardiac death in a patient with symptoms and electrocardiographic changes indicative of myocardial ischemia but without available measurements of cardiac biomarkers is designated a type 3 myocardial infarction. We wanted to investigate the incidence, the frequency...... and the characteristics of patients diagnosed as type 3 myocardial infarction. METHODS: The occurrence of deaths in a well-defined geographic region was retrieved from the Danish Civil Registration System during a one-year period from 2010 to 2011. Complementary data concerning causes of deaths were obtained from...

  11. Endogenous infection and hospital’s civil liability – a case study

    Directory of Open Access Journals (Sweden)

    Damian Wąsik

    2015-02-01

    Full Text Available The subject matter of this publication is the legal assessment of endogenous infection – the specific type of hospital infections. The main aim of the publication is to answer the question of whether medical and legal grounds exist for civil liability for endogenous infections and for treating those infections as cases of medical malpractice or medical events. The research method adopted is a case study. The authors have analysed a civil lawsuit for compensation instituted by an infected patient against a Polish hospital, adjudicated in 2013. The main conclusion of the publication is to postulate distinguishing medical malpractice from complications resulting from the reactions of the human body to treatment. The authors argue that endogenous infections should be treated as the latter-mentioned of these two cases.

  12. Endogenous infection and hospital's civil liability - a case study.

    Science.gov (United States)

    Wąsik, D; Wąsik, N; Sygit, B; Dubiel, M

    2014-01-01

    The subject matter of this publication is the legal assessment of endogenous infection - the specific type of hospital infections. The main aim of the publication is to answer the question of whether medical and legal grounds exist for civil liability for endogenous infections and for treating those infections as cases of medical malpractice or medical events. The research method adopted is a case study. The authors have analysed a civil lawsuit for compensation instituted by an infected patient against a Polish hospital, adjudicated in 2013. The main conclusion of the publication is to postulate distinguishing medical malpractice from complications resulting from the reactions of the human body to treatment. The authors argue that endogenous infections should be treated as the latter-mentioned of these two cases.

  13. Proposal for the award of a contract for the supply and laying of pipes for the LHC (points 1 & 4)

    CERN Document Server

    2000-01-01

    This document concerns the award of a contract for the supply and laying of pipes for the LHC (Points 1 & 4). Following a market survey carried out among 65 firms in twelve Member States, a call for tenders (IT-2635/ST/LHC) was sent on 18 February 2000 to one firm and five consortia, four consisting of two firms and one consisting of three firms in seven Member States. By the closing date, CERN had received five tenders from the five consortia. The Finance Committee is invited to agree to the negotiation of a contract with the consortium JBS CONSTRUCTION (UK) and SADE (FR), the lowest bidder, for the supply and laying of pipes at LHC Points 1 & 4, for an amount of 897 819 Swiss francs, not subject to revision. The consortium has indicated the following distribution by country of the contract value covered by this adjudication proposal: GB-53%; FR-47%.

  14. HDL cholesterol and residual risk of first cardiovascular events after treatment with potent statin therapy: an analysis from the JUPITER trial

    DEFF Research Database (Denmark)

    Ridker, P.M.; Genest, J.; Boekholdt, S.M.;

    2010-01-01

    Background HDL-cholesterol concentrations are inversely associated with occurrence of cardiovascular events. We addressed, using the JUPITER trial cohort, whether this association remains when LDL-cholesterol concentrations are reduced to the very low ranges with high-dose statin treatment. Methods...... Participants in the randomised placebo-controlled JUPITER trial were adults without diabetes or previous cardiovascular disease, and had baseline concentrations of LDL cholesterol of less than 3.37 mmol/L and high-sensitivity C-reactive protein of 2 mg/L or more. Participants were randomly allocated...... by a computer-generated sequence to receive rosuvastatin 20 mg per day or placebo, with participants and adjudicators masked to treatment assignment. In the present analysis, we divided the participants into quartiles of HDL-cholesterol or apolipoprotein A1 and sought evidence of association between...

  15. 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.

  16. 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.

  17. Implementation in International Business Self-Regulation

    DEFF Research Database (Denmark)

    Porter, Tony; Ronit, Karsten

    2015-01-01

    Self-regulation by business is increasingly common internationally, but the effective implementation of international rules often continues to be seen as something that only states can carry out. We argue that more exclusively private forms of effective implementation can be constructed in self......-regulation. Drawing on research in private international law, public policy implementation and self-regulation, we identify four distinct implementation sequences: monitoring, compliance, adjudication, and sanctioning. These sequences are sometimes constituted in response to deliberate integrated plans, but also come...... together in a decentralized manner. Many international business actors devise ways to carry out the sequences in order to implement rules that are important for them, reflecting a functional logic of implementation that is creative and pragmatic, and together constitute an important stage in the policy...

  18. [Parental Information and Consent in Neonatology].

    Science.gov (United States)

    Ehlen, M; Budde, A

    2015-06-01

    Careful analysis of current adjudication reveals increasing demand of adequate record-keeping as well as meticulously documented informed consent forms regarding all aspects of medicine. Although standardized informed consent forms or explicit guidelines for obtaining procedural consent already exist in surgical disciplines there is strong evidence that, however, in neonatology (and paediatric intensive care) these processes are still incomplete and qualitatively insufficiently implemented. Therefore the author discussed all existing information prescriptions with the legal department and quality management of a large German clinic group especially in terms of relevant legislation, recent case law and specialist literature in order to obtain potential for improvement. Based on the results of this audit of expert opinions improved recommendations could be implemented in the daily practise of a department of neonatology and paediatric intensive care on a tertiary level.

  19. 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.

  20. Proposal for an extension of the contract for the supply of an electrical network supervisor for the CERN electrical distribution network

    CERN Document Server

    1999-01-01

    This document concerns the extension of a contract for the purchase of 18 remote terminal units (RTUs) to complete the control system for the CERN electrical distribution network. Following a call for tenders (IT-2388) and Finance Committee approval on 23 September 1998 (CERN/FC/4086 dated 19 September 1998), contract B1115/ST was concluded with the firm EFACEC SISTEMAS DE ELECTRONICA (PT). The Finance Committee is invited to agree to the negotiation of an extension of the contract with EFACEC SISTEMAS DE ELECTRONICA (PT) for the purchase of 18 RTUs to complete the control and supervision system for the electrical distribution network, and to increase the previously authorised amount from 3 012 269 Swiss francs to 5 000 000 Swiss francs. The firm has indicated the following distribution by country of the supply covered by this adjudication proposal: PT-99%; CH-1%.

  1. 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

  2. Proposal for the award of a blanket contract, without competitive tendering, for the packaging of custom application-specific integrated circuits for the CMS experiment

    CERN Document Server

    2004-01-01

    This document concerns the award of a blanket contract, without competitive tendering, for the packaging of custom application-specific integrated circuits (ASICs) for the CMS experiment. The Finance Committee is invited to agree to the negotiation of a blanket contract, without competitive tendering, with ASAT (HK) for the packaging of custom ASICs for use in the CMS experiment, over a period of two years for a total estimated amount not exceeding 700 000 US dollars. At the present rate of exchange this is equivalent to approximately 910 000 Swiss francs of which CERN will contribute a total amount not exceeding 683 000 Swiss francs. The remaining amount will be financed by the other participating institutes of the CMS experiment. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: HK - 100%.

  3. Proposal for the award of an industrial support contract for radiation monitoring services for LEP dismantling

    CERN Document Server

    2000-01-01

    This document concerns the award of an Industrial Service contract for radiation monitoring services for LEP dismantling. Following a market survey carried out among 34 firms in nine Member States, a call for tenders (IT-2769/SL/LEP) was sent on 13 March 2000 to seven firms and three consortia in five Member States. By the closing date, CERN had received six tenders from three firms and three consortia in four Member States. The Finance Committee is invited to agree to the negotiation of a contract with the consortium ISS MULTISERVICE (CH), NFI (SE) and ISS GEBÄUDESERVICE (DE), the lowest technically qualified bidder, for radiation monitoring services for LEP dismantling for a total amount of 990 792 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-59%, DE-26%, SE-15%.

  4. Proposal for the award of an industrial services contract for software support for industrial controls

    CERN Document Server

    2000-01-01

    This document concerns the award of an Industrial Services contract for software support for industrial controls. Following a market survey carried out among 68 firms in twelve Member States, a call for tenders (IT-2711/ST) was sent on 12 April 2000 to nine firms and five consortia in eight Member States. By the closing date, CERN had received seven tenders from two firms and five consortia in six Member States. The Finance Committee is invited to agree to the negotiation of a contract with the firm GTD (ES), the lowest bidder, for an initial period of three years from 1 October 2000, for a total amount not exceeding 4 500 000 Swiss francs, not subject to revision. The contract will include an option for two one-year extensions beyond the initial three-year period. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: ES?100%.

  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...... degree of variance in the correlation, the overall agreement was 92% for CIN2-3/AIS. The overall agreement between the same day biopsy and definitive therapy specimen was 56% (weighted kappa = 0.41) (95% CI: 0.36-0.47), and the underestimation of CIN2-3/AIS was 57%. There were significant associations...

  6. Proposal for the award of a contract for the supply of a vertical vacuum furnace

    CERN Document Server

    2001-01-01

    This document concerns the award of a contract for the supply of a vertical vacuum furnace. Following a market survey carried out among 32 firms in seven Member States, a call for tenders (IT-2684/EST) was sent on 19 September 2000 to seven firms in four Member States. By the closing date, CERN had received six tenders from six firms in four Member States. The Finance Committee is invited to agree to the negotiation of a contract with PVA VAKUUM-ANLAGENBAU (DE), the lowest bidder complying with the specification, for the supply of a vertical vacuum furnace for a total amount of 926 900 Swiss francs, not subject to revision. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: DE - 59%; AT - 23%; SK - 10%; CH - 8%.

  7. 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.

  8. La Educación Física y el cuerpo en la escuela

    OpenAIRE

    Rozengardt, Rodolfo

    2013-01-01

    La escuela se ha ocupado siempre del cuerpo de los alumnos: ciudadanía, género, vida productiva, defensa de la patria. Lo ha hecho a través de la organización del cotidiano escolar, del control de sus movimientos y también de diversas áreas curriculares; como la Educación Física. Esta tarea ha sido activa productora de subjetividad. La actuación escolar se ha guiado por la pregunta ¿qué hacemos con los cuerpos mientras los niños aprenden?, adjudicándole a la EF la actuación guiada por su c...

  9. Evolution of live training by the implementation of an electronic bullet

    Science.gov (United States)

    Fisher, David; Mann, John; Sherrill, Todd; Kraus, Matt; Lyons, Jeff; York, Allen

    2007-04-01

    In live force-on-force direct fire training, simulated munitions are used instead of live munitions. Simulated munitions are typically modeled using laser systems such as the Multiple Integrated Laser Engagement System (MILES). Replacing the laser with an electronic message (also known as an electronic bullet or e-bullet) sent over a network is becoming feasible due to advances in sensors, communications, and computing. The e-bullet engagement methodology uses weapon location, orientation, and adjudication algorithms. Technical challenges in implementation include having accurate weapon and target location and orientation, network bandwidth, and terrain database resolution. This paper discusses issues and challenges using an e-bullet and laser/e-bullet hybrids for delivery accuracy and damage assessment. We will also present an engagement methodology robust enough to evolve with advances in technology.

  10. Renegotiating forensic cultures: between law, science and criminal justice.

    Science.gov (United States)

    Roberts, Paul

    2013-03-01

    This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law.

  11. The mirror has two faces: dissociative identity disorder and the defence of pathological criminal incapacity--a South African criminal law perspective.

    Science.gov (United States)

    Stevens, Philip

    2013-03-01

    Dissociative identity disorder poses numerous medico legal issues whenever the insanity defence emerges. Within the context of the South African criminal law, the impact of dissociative identity disorder on criminal responsibility has only been addressed very briefly in one decided case. Various questions arise as to the impact that the distinctive diagnostic features of dissociative identity disorder could possibly have on the defence of pathological criminal incapacity, or better known as the insanity defence, within the ambit of the South African criminal law. In this contribution the author reflects on the mental disorder known as dissociative identity disorder or multiple personality disorder, against the backdrop of the defence of pathological criminal incapacity. Reflections are also provided pertaining to the various medico legal issues at stake whenever this defence has to be adjudicated upon.

  12. Rational therapy for diabetes: early recognition of adverse effects and avoidance of disruptive false alarms.

    Science.gov (United States)

    Raz, Itamar; Eldor, Roy

    2012-05-01

    Corresponding to the uncontrolled diabetes pandemic, significant effort has been invested in developing new therapeutic options. Nevertheless, all medicines have possible adverse effects. Recently, a trend of 'scrutinizing' novel hypoglycaemic drug side effects based on scant scientific data has emerged. With recent publications highlighting possible dangers of rosiglitazone, insulin glargine, sitagliptin, exenatide and, most recently, pioglitazone, it seems that all means are valid and that every database is suitable, even if specifically defined as inadequate for the purpose of data analysis. The use of such data may lead authors to draw erroneous conclusions that may be granted unwarranted impact upon publication in leading scientific journals and eventually lead patients and misinformed physicians to wrongly change beneficial medication regimes. Adherence to strict scientific methodology, ongoing large clinical trials and creating adjudicated patient databases may facilitate early recognition of adverse effects while avoiding disruptive false alarms.

  13. Press self-regulation in Britain: a critique.

    Science.gov (United States)

    Cohen-Almagor, Raphael

    2015-02-01

    This article reviews the history of press self-regulation in Britain, from the 1947 Ross Commission to the 2012 Leveson Inquiry Commission. It considers the history of the Press Council and the Press Complaints Commission, analysing the ways they developed, their work, and how they have reached their current non-status. It is argued that the existing situation in Britain is far from satisfactory, and that the press should advance more elaborate mechanisms of self-control, establishing a new regulatory body called the Public and Press Council that will be anchored in law, empowering the new regulator with greater and unprecedented authority, and equipping it with substantive sanctioning abilities. The Public and Press Council should be independent and effective, with transparent policies, processes and responsibilities. Its adjudication should be made in accordance with a written, detailed Code of Practice.

  14. False allegation of child abduction.

    Science.gov (United States)

    Canning, Kathleen E; Hilts, Mark A; Muirhead, Yvonne E

    2011-05-01

    Cases in which a child has been falsely reported as missing or abducted can be extremely challenging to the law enforcement agencies responsible for their investigation. In the absence of a witnessed abduction or an obvious crime scene, it is difficult to determine whether a child has actually been abducted or has become a victim of a homicide and a false allegation. The purpose of this study was to examine falsely alleged kidnapping cases and identify successful investigative strategies. Sixty-one adjudicated false allegation cases involving 66 victims were analyzed. The mean age of the victim was 5 years. Victims came from generally unstable, high-risk family situations and were killed primarily by biological parents. Victims were killed because they were unwanted or viewed as an obstacle to a desired goal, or they were victims of abuse or maltreatment that ended in fatality.

  15. 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.

  16. 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

  17. [Refugee movements in the post-Cold War era].

    Science.gov (United States)

    Loescher, G

    1994-01-01

    "This article briefly describes the scope and dimensions of contemporary refugee movements by analyzing some of the forces which shape these flows. Democratization, problems of nationality and minority rights, and structural, political, economic, environmental and social changes in the post-Cold War world (especially in large parts of the developing world and in Eastern Europe and the former Soviet Union), are likely to result in growing numbers of refugees and internally displaced persons in the years ahead. Refugees and asylum seekers are increasingly regarded not only as a major humanitarian challenge but as a political problem and a threat to the national security of Western states. Refugee policy involves much more than defining or adjudicating claims for asylum, safe haven and refugee status for those who seek to enter or stay in the West. It is now apparent that an effective response to these issues will have to involve major Western foreign policy and international actions." (SUMMARY IN ENG)

  18. Peer review and psychiatric physician fitness for duty evaluations: analyzing the past and forecasting the future.

    Science.gov (United States)

    Meyer, Donald J; Price, Marilyn

    2012-01-01

    In the United States, oversight of health care practitioners is delegated to a matrix of health care entities including but not limited to the state medical board which licenses physicians in the relevant jurisdiction. Typically, these organizations have their own codes of professional conduct. When a physician joins one of these health care organizations, legally the physician has entered into a contract with the organization and agreed to be bound by its regulations and procedures. The organization's peer review of a member physician for reasons of investigating questions of health care quality may require a psychiatric fitness for duty evaluation. That assessment is a forensic psychiatric examination to assist the peer review body much as an expert witness would assist the trier of fact in a criminal or civil law adjudication. Experts can better perform these functions if they are familiar with the legal differences that define these agencies' service under administrative as compared to civil or criminal law and procedures.

  19. Balancing vaccine science and national policy objectives: lessons from the National Vaccine Injury Compensation Program Omnibus Autism Proceedings.

    Science.gov (United States)

    Keelan, Jennifer; Wilson, Kumanan

    2011-11-01

    The US Court of Federal Claims, which adjudicates cases for the National Vaccine Injury Compensation Program, has been confronted with more than 5000 cases submitted on behalf of children with autism spectrum disorders, seeking to link the condition to vaccination. Through a test case process, the Omnibus Autism Proceedings have in every instance found no association between autism spectrum disorders and vaccines. However, vaccine advocates have criticized the courts for having an overly permissive evidentiary test for causation and for granting credence to insupportable accusations of vaccine harm. In fact, the courts have functioned as intended and have allowed for a fair hearing of vaccine concerns while maintaining confidence in vaccines and providing protection to vaccine manufacturers.

  20. 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.

  1. 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.

  2. Assessing the preparedness of research integrity officers (RIOs) to appropriately handle possible research misconduct cases.

    Science.gov (United States)

    Bonito, Arthur J; Titus, Sandra L; Wright, David E

    2012-12-01

    Institutions receiving federal funding for research from the U.S.Public Health Service need to have policies and procedures to both prevent research misconduct and to adjudicate it when it occurs. The person who is designated to handle research misconduct is typically referred to as the research integrity officer (RIO). In this interview study we report on 79 RIOs who describe how they would handle allegations of research misconduct. Their responses were compared to two expert RIOs. The responses to the allegations in the scenarios demonstrated that RIOs are not uniformly well prepared to handle activities associated with reported allegations of research misconduct. We recommend greater preparation through directed training, use of check lists of possible behaviors necessary to consider when situations arise, being involved in a network of RIOs so one can discuss options, and the possible need to certify RIOs.

  3. 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%.

  4. PTSD in railroad drivers under the Federal employers' liability act.

    Science.gov (United States)

    Weiss, Kenneth J; Farrell, J Michael

    2006-01-01

    Railroad and subway drivers can experience psychological trauma when trains strike or nearly miss other trains, motor vehicles, or persons or become instruments of death. Derailments, collisions, and suicides on the tracks can induce feelings of helplessness, horror, guilt, and anxiety in the drivers. Although some drivers experience acute stress disorder (ASD) or post-traumatic stress disorder (PTSD), their conditions are not always acknowledged within the occupational setting. The world literature suggests that PTSD has been an increasing focus of concern, giving rise to detailed intervention protocols. In the United States, the Federal Employers' Liability Act (FELA) governs the adjudication of work-related injuries among railroad employees. In practice, it is difficult for railroad drivers with PTSD to receive benefits if there was no "direct impact" linked to the employer's negligence. In this article, the authors review the literature on PTSD among railroad drivers, discuss relevant case law, and explain how the FELA militates against some employees with PTSD.

  5. Proposal to Negotiate, without Competitive Tendering, a Contract for the Supply of Beryllium Ultra-High-Vacuum Chambers for the ALICE, ATLAS and CMS Vacuum Systems

    CERN Document Server

    2002-01-01

    This document concerns a contract to be placed, without competitive tendering, for the supply of UHV (ultra-high-vacuum) chambers for the ALICE, ATLAS and CMS vacuum systems. Following a market survey carried out among 12 firms in five Member States and two non-Member States, a call for tenders (IT-2926/LHC/LHC) was sent on 14 August 2002 to one firm, in a non-Member State. By the closing date, CERN had received one tender. The Finance Committee is invited to agree to the negotiation of a contract with BRUSH WELLMAN (US) for the supply of UHV chambers for the ALICE, ATLAS and CMS vacuum systems for an amount of 1 074 220 US dollars, (1 613 428 Swiss francs), not subject to revision. The rate of exchange used is that stipulated in the tender. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: US - 100%.

  6. 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%.

  7. Avoiding Terminations, Single Offer Competition, and Costly Change Orders with Fixed-Price Contracts

    Science.gov (United States)

    2015-04-30

    cannot be parents nor children of each other. In the case of IDV and linked, this is because the causal link is difficult adjudicate because of...ååì~ä=^Åèìáëáíáçå= oÉëÉ~êÅÜ=póãéçëáìã= qÜìêëÇ~ó=pÉëëáçåë= sçäìãÉ=ff= = Avoiding Terminations, Single Offer Competition, and Costly Change Orders With...REPORT DATE 30 APR 2015 2. REPORT TYPE 3. DATES COVERED 00-00-2015 to 00-00-2015 4. TITLE AND SUBTITLE Avoiding Terminations, Single Offer

  8. 公众意见在裁判结构中的地位

    Institute of Scientific and Technical Information of China (English)

    陈林林

    2012-01-01

    Due to the operative closure of the legal system and the constitutional constraints on legitimate resources of law in legal decision making, public opinions could not be directly cited as first-order warrant in legal justification. The typology of legitimate legal reasons shows that public opinions have no normative force in justifying a legal consequence even if the court is substantially influenced by them or they causally determine the consequence. In other words, they are mere facts. In easy (or ordinary) cases, however, public opinions might be treated as explanatory facts and thus supplement legal justifications in weak judicial discretions. This is the ordinary role that public opinions play in adjudication. They are the subsidiary reasons involved in the consequence --oriented legal reasoning when the court adjudicates a specific case. Subsidiary reasons (or explanatory facts) define or explain the actual spectrum of possible decisions but they neither legitimate nor support legal decisions from the normative point of view. On the other hand, in hard (or exceptional) cases involving legal loopholes and thus inviting strong judicial discretions, public opinions might constitute substantial justifying reasons which justify specific decisions if they are supported both by strong social propositions and constitutional right norms (legal principles). These justifying reasons incorporate normative claims like "ought" or "ought not," but they are the products of legislative facts. These legislative facts via social propositions constitute the basic justifications when the courts resort to judicial law making or policy making. The crucial process in the whole structure of applying public opinions in legal adjudication lies in distinguishing ordinary circumstances from exceptional ones, subsidiary reasons from justifying ones, and explanatory facts from legislative ones. In transitional China, with increasing diversity and complexity, legal

  9. Meaningful Peer Review in Radiology: A Review of Current Practices and Potential Future Directions.

    Science.gov (United States)

    Moriarity, Andrew K; Hawkins, C Matthew; Geis, J Raymond; Dreyer, Keith J; Kamer, Aaron P; Khandheria, Paras; Morey, Jose; Whitfill, James; Wiggins, Richard H; Itri, Jason N

    2016-12-01

    The current practice of peer review within radiology is well developed and widely implemented compared with other medical specialties. However, there are many factors that limit current peer review practices from reducing diagnostic errors and improving patient care. The development of "meaningful peer review" requires a transition away from compliance toward quality improvement, whereby the information and insights gained facilitate education and drive systematic improvements that reduce the frequency and impact of diagnostic error. The next generation of peer review requires significant improvements in IT functionality and integration, enabling features such as anonymization, adjudication by multiple specialists, categorization and analysis of errors, tracking, feedback, and easy export into teaching files and other media that require strong partnerships with vendors. In this article, the authors assess various peer review practices, with focused discussion on current limitations and future needs for meaningful peer review in radiology.

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

    Directory of Open Access Journals (Sweden)

    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.

  11. 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.

  12. 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.

  13. Which Way Forward? Using simulation models and ethnography to understand changing livelihoods among Kenyan pastoralists in a “new commons”

    Directory of Open Access Journals (Sweden)

    Carolyn K. Lesorogol

    2016-09-01

    Full Text Available Over the last several decades there has been a transformation of the Samburu pastoral commons to new forms of land tenure and use. Government led land adjudication in the 1970s and 1980s established new forms of land ownership including group ranches and, in some places, complete privatization of land into individual parcels. An important question is what forms of land use and social relations emerge in the wake of land adjudication, and with what consequences? Can a “new commons” arise following transformation of the traditional commons? We address these questions by examining the aftermath of privatization in a Samburu community. Through ethnographic observations and interviews, we gain insight into peoples’ understanding of land use and current norms and practices and propose two diverse visions of the future – the “pastoralist imperative” of continued extensive livestock production and “future farmers” seeking a more settled, crop and wage labour-based livelihood. Using computer simulation models of the environment and households we conduct scenario analyses tracing the effects of land use practices and choices resulting from these different perspectives on variables such as livestock wealth, household income and food requirements, and ecological resources including grasses and shrubs. Our analysis suggests that privatization has yielded a “new commons” combining elements of individual ownership with shared management. These institutional innovations enable a continuation of extensive livestock production with new livelihood strategies that include a degree of land enclosure such as cultivation and land leasing. The analysis indicates that seemingly contradictory norms and practices can co-exist on the same land allowing considerable flexibility in production of livestock and crops. However, the models also demonstrate the limits that may be reached, particularly if common access is heavily curtailed.

  14. 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.

  15. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  17. The right to appeal under the constitution of Albania and court jurisdiction

    Directory of Open Access Journals (Sweden)

    Donika Plakolli

    2017-03-01

    Full Text Available The right to appeal is both a fundamental human right and a procedural tool, whereby parties exercise examination of the lawfulness of court rulings, etc. The constitution of the Republic of Albania, 1 approved in 1998, expressly provides for and guarantees the right to file an appeal. Unlike other rights, this fundamental right was not restricted, being in accordance with Article 17 of the Constitution, except for cases otherwise provided in the Constitution. In accordance with this constitutional right and guarantee, all codes of administrative procedures, civil and criminal procedure, provided for and widely guaranteed the exercise of the right to file an appeal. This absence of restriction of the right to fi le an appeal brought about an overload of court cases and trial delays, thus making the completion of the adjudication within a reasonable deadline uncertain. As a result, there rose the necessity to limit this right in the Constitution of the Republic of Albania. The amendments to the Constitution by Law no. 76/2016 also limited the right to fi le an appeal under Article 17 of the Constitution. However, these amendments were not complete, as they did not entail the exercise of the right to file an appeal against decisions of administrative authorities. The jurisdiction of the Constitutional Court of Albania is a guarantee of the right to appeal/effective access in the civil and administrative process, although slightly controversial in the criminal process. However, positive developments regarding the guarantee of effective access to the court have recently occurred. Even in the broad jurisdiction of the European Court of Human Rights, when cases from Albania have been adjudicated, violations of the right to effective appeal have been observed in the criminal process.

  18. Clientelism and concentration in the Spanish radio. Comparison between four autonomous communities / Clientelismo y concentración en la radio española. Comparación entre cuatro comunidades autónomas

    Directory of Open Access Journals (Sweden)

    Dr. Luis Arboledas

    2009-01-01

    Full Text Available Abstract: The present article analyzes the adjudications of radio licenses in the first four autonomous communities that received these competences. The administrative grants constitute a central element in the shaping of the Spanish radio system. From the beginnings of the democratic regime, the processes of adjudication have provoked continuous accusations of partisanship or patronage, which have concerned all the political parties; this circumstance might be interpreted as an example of the close relations established between the governments and the communication groups. This article looks at the criteria applied by the governments to grant the licenses in order to verify if exists political clientelism and how it could have influenced the process of concentration of the Spanish radio.Resumen: El presente artículo analiza las adjudicaciones de licencias radiofónicas en las cuatro primeras comunidades autónomas que recibieron estas competencias. Las concesiones administrativas constituyen un elemento angular en la construcción del sistema radiofónico español. Desde los inicios del régimen democrático, los procesos de adjudicación han suscitado continuas acusaciones de partidismo o amiguismo, que han afectado a todas las formaciones políticas; esta circunstancia se podría interpretar como un ejemplo de las relaciones de tipo clientelar establecidas entre los gobiernos y los grupos de comunicación. Se trata, pues, de analizar los criterios aplicados por los gobiernos para otorgar las concesiones con el fin de comprobar si existe clientelismo político y de qué manera ha podido influir en el proceso de concentración de la radio española.

  19. THE METHODOLOGY USED TO INTERPRET CUSTOMARY LAND TENURE

    Directory of Open Access Journals (Sweden)

    Gerrit Pienaar

    2012-09-01

    Full Text Available Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure.Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada and indigenous land tenure (in South Africa. The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the

  20. 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

  1. Does Law no. 202/2010 Ensure the Acceleration of the Civil Matters’ Settlement?

    Directory of Open Access Journals (Sweden)

    Alexandrina ZAHARIA

    2011-03-01

    Full Text Available In this paper we are trying to offer those practicing law a theoretical and practical approach of some dispositions in Law 202/ October 25, 2010 regarding some measures to accelerate the adjudication of matters, known as the Law on the Small Justice Reform, that amended and completed the Code of Civil Procedure. The law on accelerating justice was adopted only three months and 11 days after the New Code of Civil procedure was published. This law is important due to the content of some dispositions regarding certain institutions of civil procedural law, that have the role intended by the Romanian legislator, to accelerate the determination of matters, institutions that are not found in the New Code. The reform (change in the Romanian civil trials took into consideration the respect of some principles such as the access to justice, equality of the parties in civil lawsuits, the right to due and fair trial as well as the fact that any reform has to guarantee that the judicial system is efficient, answers the necessity of transparency and democracy. Still, the application of the new dispositions of civil procedure, beginning with Law no. 59/1993 and until the coming into force of law on accelerating the determination of matters, namely the past 17 years, the amendments brought to the Code of Civil procedure have not always been beneficial for the Romanian litigant by the fact that they determined different interpretations leading thus to a non unitary judicial practice even within the same institution. The present law is not safe either from critics that some theoreticians and practitioners of law have expressed, being interested in accomplishing the purpose the Romanian legislator has set in that law. In this paper, the authors aim at analyzing the impact of the abovementioned law, regarding the material competence of the tribunal in trials and the requests regarding claims with the object of payment up to 2000 lei; adjudicating the objection to

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

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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

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

    Directory of Open Access Journals (Sweden)

    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

  5. Role of the Biomarker p16 in Downgrading -IN 2 Diagnoses and Predicting Higher-grade Lesions.

    Science.gov (United States)

    Maniar, Kruti P; Sanchez, Beatriz; Paintal, Ajit; Gursel, Demirkan B; Nayar, Ritu

    2015-12-01

    In 2012, the College of American Pathologists and American Society for Colposcopy and Cervical Pathology published the "LAST" recommendations for histopathology reporting of human papilloma virus-related squamous lesions of the lower anogenital tract, including the use of a 2-tier nomenclature (low-grade squamous intraepithelial lesion/high-grade squamous intraepithelial lesion [LSIL/HSIL]) and expanded use of the biomarker p16 to classify equivocal lesions as either precancer (HSIL) or low-grade lesions (LSIL)/non-human papilloma virus changes. We aimed to determine (1) the frequency with which the poorly reproducible diagnosis of intermediate-grade (-IN 2) lesion in the lower anogenital tract would be downgraded on the basis of p16 results, and (2) whether p16 status was predictive of subsequent higher-grade lesions. A total of 200 specimens diagnosed as an intermediate-grade (-IN 2) lesion of the cervix (168), vagina (2), vulva (2), and anus (28) were reviewed and immunostained for p16. Slides were independently reviewed by 2 pathologists, with discrepant p16 interpretations adjudicated by a third pathologist. Of the 200 cases, 32% were negative for p16. Among the 166 patients with subsequent pathology (including 131 excisions), 26.2% of p16-positive cases versus 4.4% of p16-negative cases were associated with a subsequent diagnosis of HSIL (-IN 3) or worse (P=0.002). Reproducibility of the biopsy diagnosis was fair, with no significant difference with the addition of p16 or using 2 versus 3 tiers. In 11.5% of cases, there was discordance in p16 interpretation (κ 0.735, good agreement). The results indicate that using the Lower Anogenital Squamous Terminology recommendations would result in approximately one third of equivocal (-IN 2) diagnoses being downgraded to LSIL over 1 year in a busy academic practice. The significant association of p16 expression with a higher risk for HSIL on a subsequent specimen suggests that use of p16 to adjudicate equivocal (-IN 2

  6. Safety of long-term use of linezolid: results of an open-label study

    Directory of Open Access Journals (Sweden)

    Vazquez JA

    2016-09-01

    Full Text Available Jose A Vazquez,1 Anthony C Arnold,2 Robert N Swanson,3 Pinaki Biswas,3 Matteo Bassetti4 1Section of Infectious Diseases, Medical College of Georgia, Georgia Regents University, Augusta, GA, USA; 2UCLA Department of Ophthalmology, Jules Stein Eye Institute, Los Angeles, CA, USA; 3Clinical Research, Global Innovative Pharmaceutical, Pfizer Inc., New York, NY, USA; 4Infectious Diseases Division, Santa Maria della Misericordia University Hospital, Udine, Italy Objective: The objective of this study was to assess the long-term safety of linezolid in patients with chronic infections requiring treatment for ≥6 weeks. Enhanced monitoring for optic neuropathy was included to characterize the early development of this side effect and to identify ophthalmologic tests that might be valuable in early detection of this event. Methods: This was a multicenter, open-label, pilot study of patients aged ≥18 years on long-term linezolid therapy. Matched control patients were included for baseline assessment comparison. Patients were assessed at study entry, monthly while on treatment, at the end of treatment, and 30 days following the last dose. Aggregate ocular safety data were reviewed. Response to treatment was reported. Results: The study was terminated owing to slow enrollment. Twenty-four patients received linezolid; nine patients were included as matched controls. Linezolid was prescribed for a median of 80.5 days (range, 50–254 days. In patients with a reported clinical outcome, the majority were considered improved or cured. Common treatment-related adverse events (AEs included anemia, peripheral neuropathy, polyneuropathy, vomiting, and asthenia, and were consistent with the known safety profile. Most AEs resolved or stabilized with discontinuation of treatment. Results of ophthalmologic tests in the one case adjudicated as probable linezolid-associated optic neuropathy revealed abnormal color vision, characteristic changes in the optic disk

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

    Directory of Open Access Journals (Sweden)

    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

  8. AIDS defining opportunistic infections in patients with high CD4 counts in the combination antiretroviral therapy (cART era: things ain’t what they used to be

    Directory of Open Access Journals (Sweden)

    Valentin Gisler

    2014-11-01

    Full Text Available Introduction: According to reports from observational databases, classic AIDS-defining opportunistic infections (ADOIs occur in patients with CD4 counts above 500/µL on and off cART. Adjudication of these events is usually not performed. However, ADOIs are often used as endpoints, for example, in analyses on when to start cART. Materials and Methods: In the database, Swiss HIV Cohort Study (SHCS database, we identified 91 cases of ADOIs that occurred from 1996 onwards in patients with the nearest CD4 count >500/µL. Cases of tuberculosis and recurrent bacterial pneumonia were excluded as they also occur in non-immunocompromised patients. Chart review was performed in 82 cases, and in 50 cases we identified CD4 counts within six months before until one month after ADOI and had chart review material to allow an in-depth review. In these 50 cases, we assessed whether (1 the ADOI fulfilled the SHCS diagnostic criteria (www.shcs.ch, and (2 HIV infection with CD4 >500/µL was the main immune-compromising condition to cause the ADOI. Adjudication of cases was done by two experienced clinicians who had to agree on the interpretation. Results: More than 13,000 participants were followed in SHCS in the period of interest. Twenty-four (48% of the chart-reviewed 50 patients with ADOI and CD4 >500/µL had an HIV RNA 500/µL was the likely explanation for the ADOI in only seven cases (14%. Other reasons (Table 1 were ADOIs occurring during primary HIV infection in 5 (10% cases, unmasking IRIS in 1 (2% case, chronic HIV infection with CD4 counts 500/ µL, chronic HIV infection is the cause of ADOIs in only a minority of cases. Other immuno-compromising conditions are more likely explanations in one-third of the patients, especially in cases of candida oesophagitis. ADOIs in HIV patients with high CD4 counts should be used as endpoints only with much caution in studies based on observational databases.

  9. The Core Meaning of Human Dignity

    Directory of Open Access Journals (Sweden)

    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

  10. 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

  11. Proposal to endorse the award of a contract for the supply of a juniper T320 network router

    CERN Document Server

    2003-01-01

    This document concerns the award of a contract for the supply of a JUNIPER T320 Network Router. The Finance Committee is invited to endorse the CERN Management's decision to negotiate a contract with QWEST COMMUNICATION (USA) for the supply of a JUNIPER T320 Network Router for a total amount not exceeding 265 000 US dollars (350 000 Swiss francs). The Finance Committee is also requested to approve the negotiation of a maintenance contract for a value not exceeding 50 000 US dollars (66 000 Swiss francs) for three years and the option to purchase additional network interfaces for a value not exceeding 100 000 US dollars (132 000 Swiss francs) bringing the total amount to 415 000 US dollars (548 000 Swiss francs), not subject to revision. CERN's contribution will not exceed 90 000 Swiss francs. The amounts in Swiss francs have 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: CA - 100%.

  12. My experience in arbitration

    Directory of Open Access Journals (Sweden)

    Claude Witz

    2011-12-01

    Full Text Available This paper deals with the nature of arbitration as one of the alternatives in dispute resolution processes different from mediation and conciliation, and obviously, from judicial adjudication. Unlike a mediator or a conciliator, an arbitrator is empowered to pass a judgement, like a court. In other words, the arbitrator will render a decision which is binding for the parties. The arbitrator has the jurisdictio, like a judge. Although the office of a judge and an arbitrator is the same, the source of their power is different. The judge’s power originates from a State, whereas the power of the arbitrator results primarily from a contract. Unlike the court, the arbitrator lacks the imperium, i.e. the power to make the award enforceable. When a party refuses to enforce the award, enforceability can only be provided by the judge or an authority of the state where the award has to be enforced. In a certain sense the state thus provides the back up for the arbitration system. This paper presents personal thoughts drawn from the author’s professional experience as an arbitrator in Franco-German disputes.

  13. 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

  14. The mystery of language evolution

    Directory of Open Access Journals (Sweden)

    Marc D Hauser

    2014-05-01

    Full Text Available 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.

  15. Review of confiscation decisions under the Anti-mafia Law-preventive procedure

    Directory of Open Access Journals (Sweden)

    Lirime Çukaj

    2015-11-01

    Full Text Available The review of final decisions is regarded as an unusual means of appeal aimed at countering a final decision that is considered adjudicated (res judicata. This means of appeal has been provided for in the European Convention on Human Rights, the Constitution of Albania, and the national laws of the Albanian state. Thus, at first sight, the review seems to be in contravention of Article 4 and 34 of the Constitution, the principle of legal certainty. But, in essence, this extraordinary means of appeal attempts to establish effective justice by overturning a wrong decision, despite the fact that this decision has been executed, suspended or terminated. To combat dangerous criminal activities Albania has adopted the Anti-mafia Law, which provides the confiscation of proceeds that are obtained from some of the most dangerous criminal activities such as organized crime, terrorist acts, trafficking, corruption and laundering of crime proceeds. This kind of civil confiscation constituted a novelty in the procedural law and it was imposed when the person was not able to prove the lawful origin of these proceeds obtained from criminal activities. But can these confiscation decisions about the final transfer of property to the state be reviewed? If so, which law shall be applied, the civil or criminal one? This and other answers will be provided in this paper.

  16. Predictors of juveniles' noncompliance with probation requirements.

    Science.gov (United States)

    NeMoyer, Amanda; Goldstein, Naomi E S; McKitten, Rhonda L; Prelic, Ana; Ebbecke, Jenna; Foster, Erika; Burkard, Casey

    2014-12-01

    Probation is the most common disposition for adjudicated youth, but little is known about which specific requirements are commonly imposed on juveniles, the requirements with which juveniles most often fail to comply, and how certain youth characteristics and/or imposed requirements might relate to probation noncompliance. An investigation of 120 archived files of youth represented by an urban public defender's office identified 29 probation requirements imposed on youth and 18 requirements with which youth commonly failed to comply. Results revealed that 52% of youth failed to comply with at least one probation requirement; prior probation noncompliance and race were both significantly associated with noncompliance in the examined probation disposition. In addition, the probability of probation noncompliance was significantly higher when youth received either of two substance-related probation requirements: drug tests or drug and alcohol counseling. Such results may prompt further investigation of juvenile probation-related predictors, identify areas of need for clinical service provision to foster successful completion of probation requirements, and help identify areas of potential biases among juvenile court personnel.

  17. An Internet study of men sexually attracted to children: Correlates of sexual offending against children.

    Science.gov (United States)

    Bailey, J Michael; Bernhard, Paula A; Hsu, Kevin J

    2016-10-01

    We conducted an Internet survey of 1,102 men sexually attracted to children concerning their history of adjudicated offenses related to child pornography and sexual contact with children. Most of the men reported no offenses, but their rate of offenses was much higher than that expected for adult-attracted men. Correlates of offending are consistent with a strong role of the cumulative effects of temptation, especially age. Older men, men who had repeatedly worked in jobs with children, men who had repeatedly fallen in love with children, and men who had often struggled not to offend were especially likely to have offended. Attraction to male children, relative attraction to children versus adults, and childhood sexual abuse experiences were also strong predictors of offending. In contrast, permissive attitudes regarding child-adult sex and frequent indulgence in sexual fantasies about children were not significantly related to offending. Our findings represent the first large study of offending among men sexually attracted to children who were not recruited via contact with the legal system. Because of methodological limitations, our findings cannot be definitive. Reassuringly, however, results are generally consistent with those from the most pertinent existing studies, of recidivism among convicted sex offenders. (PsycINFO Database Record

  18. 民事再审新证据适用的困境与完善%On Difficulties and Strategies to Perfect New Evidence of Adjudicatory Supervision

    Institute of Scientific and Technical Information of China (English)

    李海霞

    2012-01-01

    我国民事再审新证据的立法层次不高,规定不甚明确,导致司法人员理解差异较大,适用时掌握标准不统一。类似案件的裁判结果出现差异,有损裁判的公信力和司法权威。司法实践中应当适度从宽掌握认定新证据的标准,科学合理地界定再审新证据。%The legislation rank about new evidence in judicial adjudication is low, the norm is not very clear and definite, which leads to some comprehension difference in judicial official, bringing about different results in similar cases. Such results damage the judicial authority. There is a need to relax the standard of new evidence affirming so as to carry out scientific and reasonable definition.

  19. Proposal for the Award of a Contract for the Supply and Installation of Air Conditioning for the SCX1 Building

    CERN Document Server

    2002-01-01

    This document concerns the award of a contract for the supply and installation of air conditioning for the SCX1 building. Following a market survey (MS-2937/ST/LHC) carried out among 115 firms in thirteen Member States, a call for tenders (IT-3046/ST/LHC) was sent on 26 March 2002 to 10 firms and two consortia in seven Member States. By the closing date, CERN had received seven tenders from six firms and one consortium in five Member States. The Finance Committee is invited to agree to the negotiation of a contract with the consortium DEMONT (IT) - GESCO (IT), the lowest bidder, for the supply and installation of air conditioning for the SCX1 building for a total amount of 649 319 euros (945 426 Swiss francs), not subject to revision. The rate of exchange which has been used is that stipulated in the tender. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: IT-40%; DE-21%; GR-21%; SE-10%; FR-8%.

  20. Survey article: the legitimacy of Supreme Courts in the context of globalisation

    Directory of Open Access Journals (Sweden)

    Sidney W. Richards

    2008-12-01

    Full Text Available The objective of this article is to present an overview of the state of the art concerning the legitimacy of Supreme Courts in the context of globalisation. In recent years, there has been much discussion about the observed increase in both the references to foreign decisions in matters of domestic adjudication, as well as the alleged and precipitate rise of ‘transjudicial dialogue’, or formal and informal communication between the domestic courts of various national jurisdictions. A central concern is whether Supreme Courts possess the necessary authority, and thus the legitimacy, to adopt a more ‘internationalist’ disposition. This article will demonstrate how there are various coexisting discourses of legitimacy, each with their own particular features. These various discourses are not always compatible or easily commensurable. It will argue, moreover, that the basic dilemma regarding judicial legitimacy in a globalised world is a species of a more general problem of globalisation studies, namely how to reconcile a conceptual vernacular which is permeated by domestic, state-centric notions with a political reality which is increasingly non-national in its outlook.

  1. 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.

  2. The Lived Experience of the Adolescent Sex Offender: A Phenomenological Case Study.

    Science.gov (United States)

    Gerhard-Burnham, Beth; Underwood, Lee A; Speck, Kathryn; Williams, Cyrus; Merino, Carrie; Crump, Yolanda

    2016-01-01

    Treatment for adolescents with sexually maladaptive behaviors is a continuing intervention that is changing and developing as greater understanding about this population of adolescents is obtained. The majority of treatment programs for adolescent sexually maladaptive behavior contain programming components that include cognitive distortions/thinking errors. Interviews including a conceptual mapping exercise were conducted with four adolescents adjudicated to a secure care program for sexual behaviors. All four boys completed an interview and a conceptual map of their perceived experiences as an adolescent with sexual maladaptive behaviors. All interviews were audio recorded. Analysis of the interviews and conceptual mappings yielded five themes present in the boys' experience as well as a consideration of the role early trauma may have in the establishment of cognitive distortion development. Contributing environmental and familial factors also play an important part in sustaining cognitive distortion. Main themes include: loss of responsible father or father figure, inability to regulate emotion, lack of personal and parental boundaries, and early exposure to pornography. The contributing influence of responsible male father figures may play an even greater role in the lives of young males than originally thought. How the adolescent inaccurately perceives his environment--in essence what he tells himself and continues to tell himself to make sense of his world--are building blocks in the development and continuation of thinking errors/cognitive distortions used to commit and justify sexual offending behaviors.

  3. Detection and quantification of the solid component in pulmonary subsolid nodules by semiautomatic segmentation

    Energy Technology Data Exchange (ETDEWEB)

    Scholten, Ernst T. [University Medical Center, Department of Radiology, Utrecht (Netherlands); Kennemer Gasthuis, Department of Radiology, Haarlem (Netherlands); Jacobs, Colin; Riel, Sarah van [Radboud University Medical Center, Diagnostic Image Analysis Group, Nijmegen (Netherlands); Ginneken, Bram van [Radboud University Medical Center, Diagnostic Image Analysis Group, Nijmegen (Netherlands); Fraunhofer MEVIS, Bremen (Germany); Vliegenthart, Rozemarijn [University of Groningen, University Medical Center Groningen, Department of Radiology, Groningen (Netherlands); University of Groningen, University Medical Centre Groningen, Center for Medical Imaging-North East Netherlands, Groningen (Netherlands); Oudkerk, Matthijs [University of Groningen, University Medical Centre Groningen, Center for Medical Imaging-North East Netherlands, Groningen (Netherlands); Koning, Harry J. de [Erasmus Medical Center, Department of Public Health, Rotterdam (Netherlands); Horeweg, Nanda [Erasmus Medical Center, Department of Public Health, Rotterdam (Netherlands); Erasmus Medical Center, Department of Pulmonology, Rotterdam (Netherlands); Prokop, Mathias [Radboud University Medical Center, Department of Radiology, Nijmegen (Netherlands); Gietema, Hester A.; Mali, Willem P.T.M.; Jong, Pim A. de [University Medical Center, Department of Radiology, Utrecht (Netherlands)

    2014-10-07

    To determine whether semiautomatic volumetric software can differentiate part-solid from nonsolid pulmonary nodules and aid quantification of the solid component. As per reference standard, 115 nodules were differentiated into nonsolid and part-solid by two radiologists; disagreements were adjudicated by a third radiologist. The diameters of solid components were measured manually. Semiautomatic volumetric measurements were used to identify and quantify a possible solid component, using different Hounsfield unit (HU) thresholds. The measurements were compared with the reference standard and manual measurements. The reference standard detected a solid component in 86 nodules. Diagnosis of a solid component by semiautomatic software depended on the threshold chosen. A threshold of -300 HU resulted in the detection of a solid component in 75 nodules with good sensitivity (90 %) and specificity (88 %). At a threshold of -130 HU, semiautomatic measurements of the diameter of the solid component (mean 2.4 mm, SD 2.7 mm) were comparable to manual measurements at the mediastinal window setting (mean 2.3 mm, SD 2.5 mm [p = 0.63]). Semiautomatic segmentation of subsolid nodules could diagnose part-solid nodules and quantify the solid component similar to human observers. Performance depends on the attenuation segmentation thresholds. This method may prove useful in managing subsolid nodules. (orig.)

  4. The Cryogenic Distribution Line for the LHC Functional Specification and Conceptual Design

    CERN Document Server

    Erdt, W K; Trant, R

    1999-01-01

    The Large Hadron Collider (LHC) currently under construction at CERN will make use of superconducting magnets operating in superfluid helium below 2 K. The cryogenic distribution scheme for each of the eight sectors, individually served by a refrigeration plant, is based on a separate Cryogenic Distribution Line (QRL) feeding helium at different temperatures and pressures to the elementary cooling loops. The QRL comprises two supply headers and three return headers including a sub-atmospheric one. Low heat inleak to all temperature levels is essential for the overall LHC cryogenic performance. With an overall length of 25.6 km the QRL has a very critical cost-to-performance ratio. Therefore, following an in-house feasibility study, CERN adjudicated in autumn 1998 three industrial contracts in parallel for the supply of Pre-Series Test Cells (~ 112 m) of the QRL, which will be tested at CERN in 2000. Installation of the QRL for LHC is scheduled from 2002 to mid 2004. This paper will present the general layout,...

  5. Proposal for the award of an industrial services contract for operation of the hostels, apartments and ancillary premises

    CERN Document Server

    2000-01-01

    This document concerns the award of an Industrial Services contract for operation of the hostels, apartments and ancillary premises run by the CERN Housing Service. Following a market survey carried out among 32 firms in ten Member States, a call for tenders (IT-2404/AS/Rev.) was sent on 5 April 2000 to one firm and three consortia in four Member States. By the closing date, CERN had received tenders from the firm and the three consortia. The Finance Committee is invited to agree to the negotiation of a contract with the consortium VIENNA INTERNATIONAL HOTEL MANAGEMENT (AT) - SEREG (CH), the lowest bidder, for an initial period of five years, to enter into force on 1 January 2001, for a total amount of 6 871 850 Swiss francs, not subject to revision until 31 December 2001. The contract will include an option for two one-year extensions beyond the initial five-year period. The consortium has indicated the following distribution by country of the contract value covered by this adjudication proposal: CH-60%, AT-...

  6. Cognitive status and profile validity on the Personality Assessment Inventory (PAI) in offenders with serious mental illness.

    Science.gov (United States)

    Matlasz, Tatiana M; Brylski, Jamie L; Leidenfrost, Corey M; Scalco, Matt; Sinclair, Samuel J; Schoelerman, Ronald M; Tsang, Valerie; Antonius, Daniel

    Cognitive impairment among seriously mentally ill offenders has implications for legal matters (e.g., competency to stand trial), as well as clinical treatment and care. Thus, being able to identify potential cognitive concerns early in the adjudication process can be important when deciding on further interventions. In this study, we examined the validity scales of the Personality Assessment Inventory (PAI), scores on the Wechsler Adult Intelligence Scale-IV (WAIS-IV), and competency findings in male inmates (n=61) diagnosed with a serious mental illness. Lower scores on the WAIS-IV significantly (p=0.001) predicted invalid, versus valid, PAI profiles, with working memory impairment being the most significant (p=0.004) predictor of an invalid profile. Ancillary analyses on a smaller sample (n=18) indicate that those with invalid PAI profiles were more likely to be deemed legally incompetent (p=0.03). These findings suggest that the PAI validity scales may be informative in detecting cognitive concerns and help clinicians make determinations about competency restoration and treatment.

  7. An Evaluation of the use of ADR in the Nigerian Public Construction Project Disputes

    Directory of Open Access Journals (Sweden)

    Falilat Olubunmi Idowu

    2015-03-01

    Full Text Available Today’s construction projects are becoming more complex and more capital intensive. Governments of developing countries of the world are responsible for the provision of infrastructural facilities to its citizenry. Many researchers have however found that these projects are delivered late by contractors and disputes have been found as a major cause of such late deliveries. Disputes have also been found as a cause of cost overruns on construction projects. Therefore the use of ADR (Alternative Dispute Resolution in resolving construction disputes cannot be over emphasized. This study examines the issues which militate against the use of ADR as well as the ADR techniques which give satisfaction to disputants in terms of cost, time and maintenance and sustainability of relationship. The study gathered information from both primary and secondary sources. Data from primary sources were collected from fifty seven construction and legal practitioners in the public and contracting organisations with the use of questionnaires. The sampling technique that was employed was stratified simple random sampling and data was analysed with the use of SPSS. The study found Lack of awareness of ADR as one of the factors that militate against the use of ADR. The ADR techniques which give satisfaction to disputants in terms of cost, time and maintenance and sustainability of relationship are adjudication and negotiation respectively. The study recommends that awareness of ADR techniques in resolving construction dispute should be increased in order to maximize the full benefit of the use of ADR in construction projects.

  8. Literacies for Surveillance: Social Network Sites and Background Investigations

    Directory of Open Access Journals (Sweden)

    Sarah Jackson Young

    2015-09-01

    Full Text Available In September 2013, civilian contractor Aaron Alexis entered the Washington Navy Yard and murdered twelve people before being fatally shot by police. This incident, together with an incident three months earlier involving Edward Snowden, caused the U.S. government to critically examine their background investigation (BI process; because both Snowden and Alexis had supposedly slipped through the cracks of their investigations, there must be some flaw in the BI procedure. The U.S. Committee on Oversight and Reform concluded that rules forbidding “background checkers from looking at the Internet or social media when performing checks” was one of the main factors contributing to defective BIs (Report, 2014. Since the report’s release, the Director of National Intelligence has been debating and trialing whether information from the Internet should be used to form a data double for BIs (Kopp, 2014; Rockwell, 2014. Using this conversation as a discussion catalyst, I argue that due to the nature of the data double, if the United States were to adopt the use of social networking sites (SNSs for security clearance purposes, neglecting to take into account basic principles of SNSs into the process of BIs may lead to misinformation and unfavorable adjudication. Ultimately, being literate about the social practices involved in SNSs and surveillance would benefit not only investigators, but anyone, including academics, looking at individuals in online spaces.

  9. Evolving WTO Law Concerning Health, Safety and Environmental Measures

    Directory of Open Access Journals (Sweden)

    Marcos A. Orellana

    2009-07-01

    Full Text Available With the advent of the World Trade Organization (WTO in 1995, the international trading system faced a new challenge: reinventing its mandate under the light of the sustainable development challenges confronting the global community in the twenty-first century. This challenge has emerged central to the identity of the WTO, since the organization is no longer simply about removing obstacles to trade, like its predecessor – the GATT, 1947. Instead, the WTO is facing the loaded question of how far it will go in scrutinizing the exercise of governmental authority of Members, in regard to internal regulatory issues that relate to trade. Facing this question has been far from easy, especially in connection with disputes concerning health, safety and environmental (HSE measures, since HSE-related disputes touch upon core environmental and human rights issues. The WTO’s Appellate Body has approached the tensions that surface in the adjudication of these disputes by engaging in a process of dialogue among the various legal regimes that bear on HSE measures. This process of normative dialogue and interpretation has allowed the WTO to overcome the GATT’s isolation by situating WTO law within the broader public international law universe. Normative dialogue has thus fundamentally transformed the evolving WTO law concerning HSE measures. This article explores the contours of this proposition, with a view to assessing the degree to which WTO law secures the quantum of policy space that governments need to realize human rights and protection of the environment.

  10. Green Courts in India: Strengthening Environmental Governance? - Student Note

    Directory of Open Access Journals (Sweden)

    Raghav Sharma

    2008-06-01

    Full Text Available The Constitution of India has been the bulwark of Indian environmental governance. Right to clean environment, as an incident of 'right to life', has become enshrined under Article 21 through judicial interpretation. The Indian experience, involving easy access to justice through Public Interest Litigation, demonstrates that 'independent' and 'powerful' superior courts are indispensable for securing environmental justice. However, this ideal turns into a mirage when the superior courts fail to satisfactorily resolve environmental disputes involving scientific and technical questions due to lack of permanent expert panels to assist them. To surmount this practical impediment, the Law Commission of India has mooted the idea of specialised Environmental (Green Courts in its 186 th Report which will be structurally modeled on similar courts functioning in Australia and New Zealand . While recognising the significance of a specialised judiciary, this paper criticizes the proposal of the Law Commission as a half hearted attempt in this direction. The proposed structure is utterly unimpressive as it purports to withdraw environmental disputes from the jurisdiction of superior courts while entrusting them to weak Environmental Courts which appear vulnerable to substantial executive interference. It fails to subserve the high aim of efficacious dispute resolution as the proposed courts have been weaned of the wide powers which the superior courts were hitherto exercising in environmental matters. Thus, as an alternative, it is proposed that a more pragmatic course will be to create specialist divisions within the existing Indian High Courts to effectively address the practical problems involved in environmental adjudication.

  11. The color of juvenile justice: racial disparities in dispositional decisions.

    Science.gov (United States)

    Fader, Jamie J; Kurlychek, Megan C; Morgan, Kirstin A

    2014-03-01

    Existing research on dispositional decisions typically models the outcome as merely placed or not placed. However, this does not accurately reflect the wide variation in residential options available to juvenile court actors. In this research, we combine data from ProDES, which tracks adjudicated youth in Philadelphia, with data from the Program Design Inventory, which describes over 100 intervention programs, to further examine the factors that influence court actors' decision making in selecting an appropriate program for a juvenile offender. We find that even after controlling for legal and needs-based factors, race continues to exert a significant influence, with decision makers being significantly more likely to commit minority youth to facilities using physical regimen as their primary modality and reserving smaller, therapeutic facilities for their white counterparts. Using focal concerns theory as an explanatory lens, we suggest that court actors in this jurisdiction employ a racialized perceptual shorthand of youthful offenders that attributes both higher levels of blame and lower evaluations of reformability to minority youth.

  12. Making a global sensation: Vanilla flavor, synthetic chemistry, and the meanings of purity.

    Science.gov (United States)

    Berenstein, Nadia

    2016-12-01

    How did vanilla, once a rare luxury, become a global sensation? Rather than taking the vanilla flavor of vanilla beans as a pre-existing natural fact, this essay argues that the sensory experience that came to be recognized as vanilla was a hybrid artifact produced by an expanding global trade in a diverse set of pleasurable substances, including cured beans from artificially pollinated vanilla orchids, synthetic vanillin, sugar, and a far-flung miscellany of other botanical and chemical materials. Global trade and large-scale production resulted not in the production of a homogenous, stable commodity, but in a range of local vanillas, heterogeneous mixtures with a range of qualities and virtues. As local commercial and regulatory interests competed to define the origins, and thus the market value, of authentic vanilla flavor, scientific experts were called upon to adjudicate these rival claims. In the United States, these debates played out in the context of the 1906 Pure Food and Drug Act, where efforts to define and chemically enforce a 'standard' vanilla extract, in contradistinction from adulterated, 'imitation' extracts, clashed with the interests of makers and users of both synthetic and 'genuine' vanilla flavorings. As regulatory chemists grappled with the growing variety of vanillas, they were required to determine the appropriate chemical components of genuine vanilla, and consequently to delimit the subjective sensory effects proper to the flavor. Nonetheless, the materials, experiences, and meanings popularly associated with vanilla flavor continued to exceed the limits prescribed by officials.

  13. Adenocarcinoma in situ and associated human papillomavirus type distribution observed in two clinical trials of a quadrivalent human papillomavirus vaccine

    DEFF Research Database (Denmark)

    Ault, Kevin A; Joura, Elmar A; Kjaer, Susanne K

    2011-01-01

    , we include all women who had at least one follow-up visit postenrollment. Healthy women (17,622) aged 15-26 with no history of HPV disease and a lifetime number of less than five sex partners (average follow-up of 3.6 years) were randomized (1:1) to receive vaccine or placebo at day 1, months 2......The primary objective of this report is to describe the detection of adenocarcinoma in situ (AIS) and associated human papillomavirus (HPV) type distribution that was observed in the context of two phase 3 clinical trials of a quadrivalent HPV6/11/16/18 vaccine. In this intention-to-treat analysis......, and 6. Women underwent colposcopy and biopsy according to a Papanicolaou triage algorithm. All tissue specimens were tested for 14 HPV types and were adjudicated by a pathology panel. During the trials, 22 women were diagnosed with AIS (six vaccine and 16 placebo). There were 25 AIS lesions in total...

  14. Proposal for a change of contractor to operate the hostels, apartments and ancillary premises

    CERN Document Server

    2001-01-01

    The purpose of this document is to inform the Finance Committee of the final outcome of the negotiations with the firm to which the contract was adjudicated for the operation of the hostels, apartments and ancillary premises run by the CERN Housing Service and to request approval for the contract placed with the second lowest bidder. In September 2000, the Finance Committee agreed to the negotiation of a contract with VIENNA INTERNATIONAL HOTEL MANAGEMENT (AT) - SEREG (CH) (cf. CERN/FC/4311). For the reasons explained in this document, the Finance Committee is now invited to approve a contract with the consortium ISS MULTISERVICE (CH) - ISS GEBAEUDESERVICE (DE), the second lowest bidder, for an initial period of five years, from 1 January 2001, for a total amount of 7 206 000 Swiss francs, not subject to revision until 31 December 2001. The contract includes an option for two one-year extensions beyond the initial five-year period. The consortium has indicated the following distribution by country of the cont...

  15. Reporting detection of Chlamydia trachomatis DNA in tissues of neonatal death cases

    Directory of Open Access Journals (Sweden)

    Maria Hernandez Trejo

    2014-04-01

    Full Text Available OBJECTIVE: to determine whether C. trachomatis was present in neonates with infection, but without an isolated pathogen, who died during the first week of life. METHODS: early neonatal death cases whose causes of death had been previously adjudicated by the institutional mortality committee were randomly selected. End-point and real-time polymerase chain reaction of the C. trachomatis omp1 gene was used to blindly identify the presence of chlamydial DNA in the paraffinized samples of five organs (from authorized autopsies of each of the dead neonates. Additionally, differential diagnoses were conducted by amplifying a fragment of the 16S rRNA of Mycoplasma spp. RESULTS: in five cases (35.7%, C. trachomatis DNA was found in one or more organs. Severe neonatal infection was present in three cases; one of them corresponded to genotype D of C. trachomatis. Interestingly, another case fulfilled the same criteria but had a positive polymerase chain reaction for Mycoplasma hominis, a pathogen known to produce sepsis in newborns. CONCLUSION: the use of molecular biology techniques in these cases of early infant mortality demonstrated that C. trachomatis could play a role in the development of severe infection and in early neonatal death, similarly to that observed with Mycoplasma hominis. Further study is required to determine the pathogenesis of this perinatal infection.

  16. The case for social evaluation in preverbal infants: Gazing toward one’s goal drives infants’ preferences for Helpers over Hinderers in the hill paradigm

    Directory of Open Access Journals (Sweden)

    J Kiley eHamlin

    2015-01-01

    Full Text Available In a 2007 empirical report, Hamlin, Wynn, and Bloom provided the first evidence that preverbal infants at 6 and at 10 months of age evaluate others on the basis of their helpful and unhelpful actions toward unknown third parties. In their hill paradigm, a Climber puppet tried but failed to climb a steep hill, and was alternately bumped up the hill by the Helper and bumped down the hill by the Hinderer. After being habituated to these events, both 10- and 6-month-olds selectively reached for the Helper over the Hinderer. In response, Scarf, Imuta, Colombo, & Hayne (2012b provided evidence that rather than reflecting an early developing capacity for social evaluation, infants’ choices in Hamlin et al. reflected low-level perceptual preferences whereby infants are drawn to any character who is associated with the Climber bouncing. The current studies represent an attempt to adjudicate between the social and perceptual accounts of infants’ preferences for Helpers over Hinderers in the hill paradigm, by pitting a perceptual cue (e.g., bouncing against a social cue (e.g., whether or not the Climber gazes toward his goal. Infants’ patterns of preference across 2 experiments support the social account.

  17. Rationale, design, and organization of a randomized, controlled Trial Evaluating Cardiovascular Outcomes with Sitagliptin (TECOS) in patients with type 2 diabetes and established cardiovascular disease.

    Science.gov (United States)

    Green, Jennifer B; Bethel, M Angelyn; Paul, Sanjoy K; Ring, Arne; Kaufman, Keith D; Shapiro, Deborah R; Califf, Robert M; Holman, Rury R

    2013-12-01

    Sitagliptin, an oral dipeptidyl peptidase-4 inhibitor, lowers blood glucose when administered as monotherapy or in combination with other antihyperglycemic agents. TECOS will evaluate the effects of adding sitagliptin to usual diabetes care on cardiovascular outcomes and clinical safety. TECOS is a pragmatic, academically run, multinational, randomized, double-blind, placebo-controlled, event-driven trial recruiting approximately 14,000 patients in 38 countries who have type 2 diabetes (T2DM), are at least 50 years old, have cardiovascular disease, and have an hemoglobin A1c value between 6.5% and 8.0%. Eligible participants will be receiving stable mono- or dual therapy with metformin, sulfonylurea, or pioglitazone, or insulin alone or in combination with metformin. Randomization is 1:1 to double-blind sitagliptin or matching placebo, in addition to existing therapy in a usual care setting. Follow-up occurs at 4-month intervals in year 1 and then twice yearly until 1300 confirmed primary end points have occurred. Glycemic equipoise between randomized groups is a desired aim. The primary composite cardiovascular endpoint is time to the first occurrence of cardiovascular death, nonfatal myocardial infarction, nonfatal stroke, or hospitalization for unstable angina, with cardiovascular events adjudicated by an independent committee blinded to study therapy. TECOS is a pragmatic-design cardiovascular outcome trial assessing the cardiovascular effects of sitagliptin when added to usual T2DM management.

  18. Proposal for the award of a blanket contract for the supply of encapsulated-winding dry-type power transformers

    CERN Document Server

    2000-01-01

    This document concerns the award of a blanket contract for the supply of encapsulated-winding dry-type power transformers. Following a market survey carried out among 75 firms in seventeen Member States, a call for tenders (IT-2745/ST) was sent on 5 May 2000 to eight firms in four Member States. By the closing date, CERN had received tenders from six firms in four Member States. The Finance Committee is invited to agree to the negotiation of a blanket contract with TESAR (IT), the lowest bidder, for the supply of encapsulated-winding dry-type power transformers for a total amount of 6 150 000 000 Italian lira, not subject to revision until 31 December 2002. At the exchange rate stipulated in the tender, this amount is equivalent to approximately 5 000 000 Swiss francs. The firm has indicated the following distribution by country of the contract value covered by this adjudication proposal: IT - 78%, NO - 17% and DE - 5%.

  19. Prospective Prediction of Juvenile Homicide/Attempted Homicide among Early-Onset Juvenile Offenders

    Science.gov (United States)

    Baglivio, Michael T.; Wolff, Kevin T.

    2017-01-01

    While homicide perpetrated by juveniles is a relatively rare occurrence, between 2010 and 2014, approximately 7%–8% of all murders involved a juvenile offender. Unfortunately, few studies have prospectively examined the predictors of homicide offending, with none examining first-time murder among a sample of adjudicated male and female youth. The current study employed data on 5908 juvenile offenders (70% male, 45% Black) first arrested at the age of 12 or younger to prospectively examine predictors of an arrest for homicide/attempted homicide by the age of 18. Among these early-onset offenders, males, Black youth, those living in households with family members with a history of mental illness, those engaging in self-mutilation, and those with elevated levels of anger/aggression (all measured by age 13) were more likely to be arrested for homicide/attempted homicide by age 18. These findings add to the scant scientific literature on the predictors of homicide, and illustrate potential avenues for intervention. PMID:28212340

  20. Readmissions at a public safety net hospital.

    Directory of Open Access Journals (Sweden)

    Eri Shimizu

    Full Text Available OBJECTIVE: We aimed to determine factors related to avoidability of 30-day readmissions at our public, safety net hospital in the United States (US. METHODS: We prospectively reviewed medical records of adult internal medicine patients with scheduled and unscheduled 30-day readmissions. We also interviewed patients if they were available. An independent panel used pre-specified, objective criteria to adjudicate potential avoidability. RESULTS: Of 153 readmissions evaluated, 68% were unscheduled. Among these, 67% were unavoidable, primarily due to disease progression and development of new diagnoses. Scheduled readmissions accounted for 32% of readmissions and most (69% were clinically appropriate and unavoidable. The scheduled but avoidable readmissions (31% were attributed largely to limited resources in our healthcare system. CONCLUSIONS: Most readmissions at our public, safety net hospital were unavoidable, even among our unscheduled readmissions. Surprisingly, one-third of our overall readmissions were scheduled, the majority reflecting appropriate management strategies designed to reduce unnecessary hospital days. The scheduled but avoidable readmissions were due to constrained access to non-emergent, expensive procedures that are typically not reimbursed given our system's payor mix, a problem which likely plague other safety net systems. These findings suggest that readmissions do not necessarily reflect inadequate medical care, may reflect resource constraints that are unlikely to be addressable in systems caring for a large burden of uninsured patients, and merit individualized review.

  1. Educational attainment, MRI changes, and cognitive function in older postmenopausal women from the Women's Health Initiative Memory Study.

    Science.gov (United States)

    Rapp, Stephen R; Espeland, Mark A; Manson, Joann E; Resnick, Susan M; Bryan, Nick R; Smoller, Sylvia; Coker, Laura H; Phillips, Lawrence S; Stefanick, Marcia L; Sarto, Gloria E

    2013-01-01

    The relationship between neuropathology and clinically manifested functional and cognitive deficits is complex. Clinical observations of individuals with greater neuropathology who function better than some individuals with less neuropathology are common and puzzling. Educational attainment, a proxy for "cognitive reserve," may help to explain this apparent contradiction. The objective of this study is to determine if educational attainment is correlated with cognitive decline, brain lesion volume, and total brain atrophy. One thousand three hundred ninety of the 7,479 community-dwelling women 65 years of age and older enrolled in the Women's Health Initiative Memory Study, two parallel randomized, placebo-controlled clinical trials comparing unopposed and opposed postmenopausal hormone therapy with placebo, were studied. Study participants received annual assessments of global cognitive function with the Modified Mini Mental State exam. One thousand sixty-three participants also received supplemental neurocognitive battery and neuroimaging studies. Magnetic resonance imaging was used to calculate total ischemic lesion and brain volumes. Incident cases of probable dementia and mild cognitive impairment were centrally adjudicated. After adjustment for total lesion and total brain volumes (atrophy), higher educational attainment predicted better cognitive performance (p cognitive function (p < 0.001). Thus, higher educational attainment was associated with a delay in diagnosis of dementia/MCI in the face of a growing neuropathological load.

  2. Cross-Cultural adaptation of an instrument to computer accessibility evaluation for students with cerebral palsy

    Directory of Open Access Journals (Sweden)

    Gerusa Ferreira Lourenço

    2015-03-01

    Full Text Available The specific literature indicates that the successful education of children with cerebral palsy may require the implementation of appropriate assistive technology resources, allowing students to improve their performance and complete everyday tasks more efficiently and independently. To this end, these resources must be selected properly, emphasizing the importance of an appropriate initial assessment of the child and the possibilities of the resources available. The present study aimed to translate and adapt theoretically an American instrument that evaluates computer accessibility for people with cerebral palsy, in order to contextualize it for applicability to Brazilian students with cerebral palsy. The methodology involved the steps of translation and cross-cultural adaptation of this instrument, as well as the construction of a supplementary script for additional use of that instrument in the educational context. Translation procedures, theoretical and technical adaptation of the American instrument and theoretical analysis (content and semantics were carried out with the participation of professional experts of the special education area as adjudicators. The results pointed to the relevance of the proposal of the translated instrument in conjunction with the script built to the reality of professionals involved with the education of children with cerebral palsy, such as occupational therapists and special educators.

  3. The development of an innovative music therapy treatment method: trial competency through music.

    Science.gov (United States)

    Sammons, Andrew

    2014-01-01

    Competence to stand trial is necessary for a defendant in criminal adjudication. Recent estimates indicate that between 50,000 and 60,000 defendants in the United States raise the question of competence each year, with approximately 20 percent found incompetent to stand trial (IST). Most of these defendants are committed to an inpatient facility for competence restoration. Although psychopharmacological intervention is a critical component of restoration, as most defendants are found incompetent because of a psychotic disorder, many other modalities of treatment are used. Traditional treatment methods include the use of standardized testing and psychoeducational group sessions. This article discusses the development of an innovative intervention using music therapy. Music as the catalyst provides a forum in which psychiatric patients are engaged and observed within a structured environment designed to address both their factual and rational knowledge and abilities to assist their attorneys in their defense. Trial competency training through a specific music therapy method called Competency Through Music (CTM) is presented, including examples of how music can be used to educate patients and assess trial competence.

  4. Evaluating competency to stand trial with evidence-based practice.

    Science.gov (United States)

    Rogers, Richard; Johansson-Love, Jill

    2009-01-01

    Evaluations for competency to stand trial are distinguished from other areas of forensic consultation by their long history of standardized assessment beginning in the 1970s. As part of a special issue of the Journal on evidence-based forensic practice, this article examines three published competency measures: the MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA), the Evaluation of Competency to Stand Trial-Revised (ECST-R), and the Competence Assessment for Standing Trial for Defendants with Mental Retardation (CAST-MR). Using the Daubert guidelines as a framework, we examined each competency measure regarding its relevance to the Dusky standard and its error and classification rates. The article acknowledges the past polarization of forensic practitioners on acceptance versus rejection of competency measures. It argues that no valuable information, be it clinical acumen or standardized data, should be systematically ignored. Consistent with the American Academy of Psychiatry and the Law Practice Guideline, it recommends the integration of competency interview findings with other sources of data in rendering evidence-based competency determinations.

  5. Eliminating the Competency Presumption in Juvenile Delinquency Cases.

    Science.gov (United States)

    Katner, David R

    2015-01-01

    The legal presumption used in virtually all juvenile delinquency cases in the U.S. is that all juveniles are competent to stand trial. This Article calls for the elimination of that legal presumption, which is historically based on the Dusky v. United States decision and in the adult criminal justice system. The recent decisions of the U.S. Supreme Court recognize the developmental and organic brain differences between adults and juveniles. Current research demonstrates a higher frequency rate of incompetence based on intellectual deficiencies among children when compared with adults found to be not legally competent to stand trial. By eliminating the competency presumption for juveniles in both delinquency and adult criminal proceedings, the party seeking an adjudication would be responsible for establishing that the accused juvenile is in fact, competent to stand trial. Foreign jurisdictions in Europe, Asia, Africa, and South America have long required higher thresholds--at least fourteen years of age--for holding juveniles accountable for criminal misconduct, none of them presuming that juveniles are competent to go to trial. In the alternative, by expanding the factors currently in use for determination of juvenile competency by adding developmental immaturity and mental illness, juvenile justice systems could identify the reduction of recidivist offending as the primary systemic objective.

  6. Direct utilization of geothermal energy for Pagosa Springs, Colorado. Final report, June 1979-June 1984

    Energy Technology Data Exchange (ETDEWEB)

    Goering, S.W.; Garing, K.L.; Coury, G.

    1984-08-01

    The Pagosa Springs Geothermal District Heating System was conceptualized, designed, and constructed between 1979 to 1984 under the US Department of Energy Program Opportunity Notice (PON) program to demonstrate the feasibility for utilizing moderate temperature geothermal resources for direct-use applications. The Pagosa Springs system successfully provides space heating to public buildings, school facilities, residences, and commercial establishments at costs significantly lower than costs of available conventional fuels. The Pagosa Springs project encompassed a full range of technical, institutional, and economic activities. Geothermal reservoir evaluations and testing were performed, and two productive approx.140/sup 0/F geothermal supply wells were successfully drilled and completed. Transmission and distribution system design, construction, startup, and operation were achieved with minimum difficulty. The geothermal system operation during the first two heating seasons has been fully reliable and well respected in the community. The project has proven that low to moderate-temperature waters can effectively meet required heating loads, even for harsh winter-mountain environments. The principal difficulty encountered has been institutional in nature and centers on the obtaining of the geothermal production well permits and the adjudicated water rights necessary to supply the geothermal hot water fluids for the full operating life of the system. 28 figs., 15 tabs.

  7. Resident dashboards: helping your clinical competency committee visualize trainees’ key performance indicators

    Directory of Open Access Journals (Sweden)

    Karen A. Friedman

    2016-03-01

    Full Text Available Introduction: Under the Next Accreditation System, programs need to find ways to collect and assess meaningful reportable information on its residents to assist the program director regarding resident milestone progression. This paper discusses the process that one large Internal Medicine Residency Program used to provide both quantitative and qualitative data to its clinical competency committee (CCC through the creation of a resident dashboard. Methods: Program leadership at a large university-based program developed four new end of rotation evaluations based on the American Board of Internal Medicine (ABIM and Accreditation Council of Graduated Medical Education's (ACGME 22 reportable milestones. A resident dashboard was then created to pull together both milestone- and non-milestone-based quantitative data and qualitative data compiled from faculty, nurses, peers, staff, and patients. Results: Dashboards were distributed to the members of the CCC in preparation for the semiannual CCC meeting. CCC members adjudicated quantitative and qualitative data to present their cohort of residents at the CCC meeting. Based on the committee's response, evaluation scores remained the same or were adjusted. Final milestone scores were then entered into the accreditation data system (ADS on the ACGME website. Conclusions: The process of resident assessment is complex and should comprise both quantitative and qualitative data. The dashboard is a valuable tool for program leadership to use both when evaluating house staff on a semiannual basis at the CCC and to the resident in person.

  8. Bio science: genetic genealogy testing and the pursuit of African ancestry.

    Science.gov (United States)

    Nelson, Alondra

    2008-10-01

    This paper considers the extent to which the geneticization of 'race' and ethnicity is the prevailing outcome of genetic testing for genealogical purposes. The decoding of the human genome precipitated a change of paradigms in genetics research, from an emphasis on genetic similarity to a focus on molecular-level differences among individuals and groups. This shift from lumping to splitting spurred ongoing disagreements among scholars about the significance of 'race' and ethnicity in the genetics era. I characterize these divergent perspectives as 'pragmatism' and 'naturalism'. Drawing upon ethnographic fieldwork and interviews, I argue that neither position fully accounts for how understandings of 'race' and ethnicity are being transformed with genetic genealogy testing. While there is some acquiescence to genetic thinking about ancestry, and by implication, 'race', among African-American and black British consumers of genetic genealogy testing, test-takers also adjudicate between sources of genealogical information and from these construct meaningful biographical narratives. Consumers engage in highly situated 'objective' and 'affiliative' self-fashioning, interpreting genetic test results in the context of their 'genealogical aspirations'. I conclude that issues of site, scale, and subjectification must be attended to if scholars are to understand whether and to what extent social identities are being transformed by recent developments in genetic science.

  9. Minors and Sexting: Legal Implications.

    Science.gov (United States)

    Lorang, Melissa R; McNiel, Dale E; Binder, Renée L

    2016-03-01

    Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional.

  10. SPERM HY-LITER™ for the identification of spermatozoa from sexual assault evidence.

    Science.gov (United States)

    Westring, Christian G; Wiuf, Morten; Nielsen, S Jock; Fogleman, James C; Old, Jennifer B; Lenz, Camilla; Reich, Karl A; Morling, Niels

    2014-09-01

    Accurate microscopic identification of human spermatozoa is important in sexual assault cases. We have compared the results of examinations with (1) a fluorescent microscopy method, SPERM HY-LITER™, and (2) Baecchi's method for identification of human spermatozoa. In 35 artificial, forensic type samples, spermatozoa were identified in 45.7% with SPERM HY-LITER™ in Copenhagen, in 54.3% in the laboratory of the manufacturer of SPERM HY-LITER™, and 40.0% of the samples with Baecchi's staining method. When differences occurred between the two methods, it was significantly more often that SPERM HY-LITER™ detected spermatozoa when Baecchi's method did not (ts=6.567, df=1, P=0.048). This trend was also seen in selected compromised or degraded samples and in selected adjudicative samples. The reactions with spermatozoa from dog, horse, pig and bull were negative with SPERM HY-LITER™, whereas Baecchi's method was non-selective. Data from forensic casework samples in Copenhagen from two years (2008 and 2009) are presented. The samples from 2008 were investigated using Baecchi's method, while those from 2009 were investigated using SPERM HY-LITER™. The frequencies of positive results were similar between the two methods for the two years (27.9% and 32.1% respectively). Analysis of acid phosphatase (ACP) activity for the positive results obtained for these two years does not support the use of a negative ACP result as a prescreen for microscopic analysis for spermatozoa.

  11. Retinopathy and the risk of cardiovascular disease in patients with chronic kidney disease (from the Chronic Renal Insufficiency Cohort study).

    Science.gov (United States)

    Grunwald, Juan E; Pistilli, Maxwell; Ying, Gui-Shuang; Maguire, Maureen; Daniel, Ebenezer; Whittock-Martin, Revell; Parker-Ostroff, Candace; Mohler, Emile; Lo, Joan C; Townsend, Raymond R; Gadegbeku, Crystal Ann; Lash, James Phillip; Fink, Jeffrey Craig; Rahman, Mahboob; Feldman, Harold; Kusek, John W; Xie, Dawei

    2015-11-15

    Patients with chronic kidney disease (CKD) experience other diseases such as cardiovascular disease (CVD) and retinopathy. The purpose of this study was to assess whether retinopathy predicts future CVD events in a subgroup of the participants of the Chronic Renal Insufficiency Cohort (CRIC) study. In this ancillary investigation, 2,605 participants of the CRIC study were invited to participate, and nonmydriatic fundus photographs were obtained in 1,936 subjects. Using standard protocols, presence and severity of retinopathy (diabetic, hypertensive, or other) and vessel diameter caliber were assessed at a central photograph reading center by trained graders masked to study participant's information. Patients with a self-reported history of cardiovascular disease were excluded. Incident CVD events were adjudicated using medical records. Kidney function measurements, traditional and nontraditional risk factors, for CVD were obtained. Presence and severity of retinopathy were associated with increased risk of development of any CVD in this population of CKD patients, and these associations persisted after adjustment for traditional risk factors for CVD. We also found a direct relation between increased venular diameter and risk of development of CVD; however, the relation was not statistically significant after adjustment for traditional risk factors. In conclusion, the presence of retinopathy was associated with future CVD events, suggesting that retinovascular pathology may be indicative of macrovascular disease even after adjustment for renal dysfunction and traditional CVD risk factors. Assessment of retinal morphology may be valuable in assessing risk of CVD in patients with CKD, both clinically and in research settings.

  12. 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.

  13. Prospective Prediction of Juvenile Homicide/Attempted Homicide among Early-Onset Juvenile Offenders

    Directory of Open Access Journals (Sweden)

    Michael T. Baglivio

    2017-02-01

    Full Text Available While homicide perpetrated by juveniles is a relatively rare occurrence, between 2010 and 2014, approximately 7%–8% of all murders involved a juvenile offender. Unfortunately, few studies have prospectively examined the predictors of homicide offending, with none examining first-time murder among a sample of adjudicated male and female youth. The current study employed data on 5908 juvenile offenders (70% male, 45% Black first arrested at the age of 12 or younger to prospectively examine predictors of an arrest for homicide/attempted homicide by the age of 18. Among these early-onset offenders, males, Black youth, those living in households with family members with a history of mental illness, those engaging in self-mutilation, and those with elevated levels of anger/aggression (all measured by age 13 were more likely to be arrested for homicide/attempted homicide by age 18. These findings add to the scant scientific literature on the predictors of homicide, and illustrate potential avenues for intervention.

  14. Gun Violence, Mental Illness, And Laws That Prohibit Gun Possession: Evidence From Two Florida Counties.

    Science.gov (United States)

    Swanson, Jeffrey W; Easter, Michele M; Robertson, Allison G; Swartz, Marvin S; Alanis-Hirsch, Kelly; Moseley, Daniel; Dion, Charles; Petrila, John

    2016-06-01

    Gun violence kills about ninety people every day in the United States, a toll measured in wasted and ruined lives and with an annual economic price tag exceeding $200 billion. Some policy makers suggest that reforming mental health care systems and improving point-of-purchase background checks to keep guns from mentally disturbed people will address the problem. Epidemiological research shows that serious mental illness contributes little to the risk of interpersonal violence but is a strong factor in suicide, which accounts for most firearm fatalities. Meanwhile, the effectiveness of gun restrictions focused on mental illness remains poorly understood. This article examines gun-related suicide and violent crime in people with serious mental illnesses, and whether legal restrictions on firearm sales to people with a history of mental health adjudication are effective in preventing gun violence. Among the study population in two large Florida counties, we found that 62 percent of violent gun crime arrests and 28 percent of gun suicides involved individuals not legally permitted to have a gun at the time. Suggested policy reforms include enacting risk-based gun removal laws and prohibiting guns from people involuntarily detained in short-term psychiatric hospitalizations.

  15. Rorty, Addams, and Social Hope

    Directory of Open Access Journals (Sweden)

    Erik Schneiderhan

    2013-08-01

    Full Text Available This paper takes up the practice and ideas of Richard Rorty and Jane Addams, considering their work at the intersection of pragmatism and social action. It argues that both Richard Rorty and Jane Addams, each in their own way, were thinking through the significant challenges that confront individuals in their everyday lives: How do we adjudicate between the competing values of individual accountability and helping others in our community? This is our social test, and the way we each answer the question matters for the future of democracy and our degree of social hope. Rorty was a champion of engagement with the community, and believed that out of this experience comes our capacity to creatively weave the fabric of liberal democracy. The paper argues that Addams’s work at Hull-House in Chicago offers concrete examples of the potential of reciprocal social relations, providing practical substance to Rorty’s ideas and showing how we can create social hope through action.

  16. Legislating Interprofessional Regulatory Collaboration in Nova Scotia

    Directory of Open Access Journals (Sweden)

    William Lahey

    2013-10-01

    Full Text Available To shift health professions regulation from traditional to ‘collaborative’ self-regulation, Nova Scotia has adopted legislation which will: make all self-regulating health professions members of the Regulated Health Professions Network; mandate the Network to facilitate voluntary collaboration among its members; and enable regulators to work together on investigations of patient complaints, to adjust scopes of practice on an ongoing basis and to adjudicate appeals of unsuccessful applicants for registration. The goals are to give health professions regulation the capacity to enable and support the functioning of interprofessional teams. The legislation was adopted primarily for two reasons: collaborative development and unanimous support by all of the province’s self-regulating professions; and alignment with the government’s health care reform agenda and its emphasis on collaborative team-based care. Contrary to the approach of several other provinces, the legislation will enable but not require regulators to collaborate on the premise that consensual collaboration is more likely to happen, to be meaningful and to yield tangible benefits. Support for this approach can be taken from the impressive collaborative work on which the legislation is based. Evaluation will be critical, and the five-year review required by the legislation will give Nova Scotia the opportunity to test not only the legislation but the ideas on which it is based. The extent of the legislation’s reliance on voluntary process will prove to be either its greatest strength or its greatest weakness.

  17. 法律视野中的《蝴蝶梦》%AN ANALYSIS OF REBECCA:FROM THE PERSPECTIVE OF LAW

    Institute of Scientific and Technical Information of China (English)

    许绮

    2012-01-01

    Rebecca is a novel related to the murder and adultery, is the adultery committed by Rebecca a truth or just a malicious slander and defamatory made by Maxim? Rebecca is killed by Maxim for leading a loose life. The evidence is not conclusive, how does the jury adjudicate and conclude the case? Finally, Rebecca is found to commit suicide and the murderer is left unpunished. This can be seen as a loophole of law.%《蝴蝶梦》中涉及到通奸和谋杀两项罪行,吕蓓卡所犯的通奸罪是否属实,是迈克西姆的恶意中伤还是诽谤?因吕蓓卡私生活不检点,遭迈克西姆枪杀,证据不确凿,陪审团又是如何审案和结案的?最后吕蓓卡被判定为自杀,凶手逍遥法外,这不能不说是法律的悲哀。

  18. Recurrent Thrombotic Events after Discontinuation of Vitamin K Antagonist Treatment for Splanchnic Vein Thrombosis: A Multicenter Retrospective Cohort Study

    Directory of Open Access Journals (Sweden)

    Nicoletta Riva

    2015-01-01

    Full Text Available It is generally recommended that patients with splanchnic vein thrombosis (SVT should receive a minimum of 3 months of anticoagulant treatment. However, little information is available on the long-term risk of recurrent thrombotic events. The aim of this study was to evaluate the risk of venous and arterial thrombosis after discontinuation of vitamin K antagonist (VKA in SVT patients. Retrospective information from a cohort of SVT patients treated with VKA and followed by 37 Italian Anticoagulation Clinics, up to June 2013, was collected. Only patients who discontinued VKA and did not receive any other anticoagulant drug were enrolled in this study. Thrombotic events during follow-up were centrally adjudicated. Ninety patients were included: 33 unprovoked SVT, 27 SVT secondary to transient risk factors, and 30 with permanent risk factors. During a median follow-up of 1.6 years, 6 venous and 1 arterial thrombosis were documented, for an incidence of 3.3/100 patient-years (pt-y. The recurrence rate was highest in the first year after VKA discontinuation (8.2/100’pt-y and in patients with permanent risk factors (10.2/100’pt-y. Liver cirrhosis significantly increased the risk of recurrence. In conclusion, the rate of recurrent vascular complications after SVT is not negligible, at least in some patient subgroups.

  19. Improved accuracy of acute graft-versus-host disease staging among multiple centers.

    Science.gov (United States)

    Levine, John E; Hogan, William J; Harris, Andrew C; Litzow, Mark R; Efebera, Yvonne A; Devine, Steven M; Reshef, Ran; Ferrara, James L M

    2014-01-01

    The clinical staging of acute graft-versus-host disease (GVHD) varies significantly among bone marrow transplant (BMT) centers, but adherence to long-standing practices poses formidable barriers to standardization among centers. We have analyzed the sources of variability and developed a web-based remote data entry system that can be used by multiple centers simultaneously and that standardizes data collection in key areas. This user-friendly, intuitive interface resembles an online shopping site and eliminates error-prone entry of free text with drop-down menus and pop-up detailed guidance available at the point of data entry. Standardized documentation of symptoms and therapeutic response reduces errors in grade assignment and allows creation of confidence levels regarding the diagnosis. Early review and adjudication of borderline cases improves consistency of grading and further enhances consistency among centers. If this system achieves widespread use it may enhance the quality of data in multicenter trials to prevent and treat acute GVHD.

  20. Human dignity according to international instruments on human rights

    Directory of Open Access Journals (Sweden)

    José Pablo Alzina de Aguilar

    2011-01-01

    Full Text Available According to international instruments on human rights, the dignity of the human person is the foundation of human rights, and both human dignity and human rights are inherent to the human being, universal and inviolable. This understanding of human dignity is not a fruitless truism, but the solid foundation on which to build a world community under the rule of the new ius gentium: the International Law for Humankind. Moreover, it is the clue to answer many questions raised by the new world of globalization and of the exponential growth of international rules.Consequently, there is a need to a common doctrine on a notion of human dignity which will allow the implementation and adjudication of the aforementioned instruments, at the service of the human person and in conformity with the juridical conscience which they reflect. Philosophy of Law concepts which can be traced back to Aristotle provide that notion. According to these concepts, the demanding nature of “human dignity” sustains the notion of “legal personhood”, and both notions pertain to the realm of Law and Right, not of Morale and Values. Thus, human dignity and human rights are and must be, respectively, a basic principle and a necessary part of any Law system, including international law