WorldWideScience

Sample records for administrative court decisions

  1. Cooperation between national administrative courts- the Court of the European Union and the European Court for the Protection of Fundamental Rights and Freedoms in implementing administrative court decisions after the Lisabon Treaty

    Directory of Open Access Journals (Sweden)

    Bosiljka Britvić Vetma

    2015-06-01

    Full Text Available Over the last few decades, national administrative courts have been faced with several Copernican twists. Among them has been the ratification of the European Convention for the protection of human rights and fundamental freedoms as well as accession to the EU legal order. The authors of this paper believe it is necessary to mark the most recent changes, which have occurred as a result of Croatia gaining full membership to the EU. This includes in the cooperation among the national administrative courts, the Court of the European Union and the European Court for the Protection of Human Rights and Fundamental Freedoms in the implementation of the decisions by administrative courts. The aim of this cooperation is to avoid the conflicting court practice for the same case or the same legal problem. The authors here concisely examine the period “after” the Lisbon Treaty, noting certain difficulties and sources of conflict in implementation.

  2. Administrative Decision-Making in Reaction to a Court Judgment
    Can the Administrative Judge Guide the Decision-Making Process?

    OpenAIRE

    Marseille, A.T.; I.M. Boekema

    2013-01-01

    In Dutch administrative law, a court judgment does not always resolve the conflict at hand. If an administrative court quashes a decision by an administrative authority in a judgment from which there is no appeal, the authority should take a new decision. When such a new decision is taken, interested parties can decide to commence proceedings for the second time. This study seeks to investigate the factors influencing the administrative decision-making process and the degree to which repeated...

  3. Judicial review of administrative normative act. Limits of courts control on political decision making

    Directory of Open Access Journals (Sweden)

    Erlir Puto

    2016-03-01

    Full Text Available Legal democracies have been facing with the evolution of a system of administrative activity judicial review. Meanwhile the evolving of the Judicial Control over the Public Administration in different countries of civil law systems has produced even in Albania the possibility of a specific judiciary control over the Public Administration in an extended way. The new Albanian Law on Administrative Courts (Law 49/2012 provides the power of the Administrative Court of Appeal to judge as a Court of First Instance, in the cases regarding controversies on normative administrative acts. It is a new open door to judge political decision makers, with some implicit consequences on the entire system. Those acts are produced as a further explanation and specification of the Law. Meanwhile they also express the Government Political Direction and Political will. The most important issue which may rise in this case is: How can an Administrative Court judge on the Executive Political Decision? May a Court judge the political will of the Executive? This power, given to the court, if we refer to administrative normative acts produced by public authorities of political nature, is in substance in contrast to the right of exercising political powers. This power to judge the politics should be evaluated case by case, but also some guiding lines should be established. These should be some basic guiding criteria and limits to be followed by the judges in the evaluation of objectives, purposes, aims or proportionality to the situation that has imposed the law. In most of the judiciary systems, the limits of reciprocal control between powers of the state remain a never ending process of practice. It is usual that the law gives to the administration a wide margin of opportunity. The way how executive would use its discretionarily, should be judged in an appropriate way by courts. The limits of court interference in administrative decision making would produce a fair system

  4. Administrative Decision-Making in Reaction to a Court JudgmentCan the Administrative Judge Guide the Decision-Making Process?

    Directory of Open Access Journals (Sweden)

    A.T. Marseille

    2013-07-01

    Full Text Available In Dutch administrative law, a court judgment does not always resolve the conflict at hand. If an administrative court quashes a decision by an administrative authority in a judgment from which there is no appeal, the authority should take a new decision. When such a new decision is taken, interested parties can decide to commence proceedings for the second time. This study seeks to investigate the factors influencing the administrative decision-making process and the degree to which repeated litigation takes place.

  5. Reasons for the cancellation of the administrative decision by the administrative court

    Directory of Open Access Journals (Sweden)

    Xhemazie Ibraimi

    2016-07-01

    Full Text Available Law enforcement is one of the main goals in the construction, development and strengthening of a state. The principle of legality presupposes respect, strict and mandatory implementation of the Constitution, laws and other legal acts by all state bodies, institutions and public authorities, officials, NGOs and citizens. The state as a whole through its powers controls the precise and uniform application of the Constitution and other legal acts together with the law. On the basis of these constitutional principles of a state the administration should act as well, in order to fulfill its duties and not to affect and prejudice the rights and interests of citizens. In order for this to be accomplished the administration should not violate the interests and rights of citizens as well as public interest. It is necessary for all stakeholders to respect and implement the fundamental constitutional principles, since all people are prone to make mistakes and violations of the rights of citizens, some of ignorance and others from the misapplication and misinterpretation of law. In order for all this activity to be regular by the executers of administrative power, it is necessary to carry out supervision and permanent control both in terms of the devolutive principle (the highest bodies control the underrated bodies.

  6. The evolution of administrative law in Albania and the impact of the decisions of the European Court of Justice in the Albanian legal reforms in administrative justice

    Directory of Open Access Journals (Sweden)

    Monika MEÇA

    2014-12-01

    Full Text Available The selection of the thesis was generally motivated by the lack of legal treatise focused in the arguments of Administrative Court importance in Albanian Judicial system as a new judicial structure, whose role would be to check the legality of decisions of the state administration with the aim to guarantee effective protection of human rights and legitimate interests of private persons through a regular, conform, fast and reasonable judicial process. The aim of this study is to describe the institutional steps taken from Albanian Government in administrative justice evolution, enormous differences between the administrative law before and after 1990, and the impact of European Court of Justice case law and EU law in the Albanian legal reforms in administrative justice. By analyzing the development of the administrative law in Albania is highlighted that the factors which influenced the transformation processes of this branch of law are the level of political culture, the heritage of the paste and the European Union , which has long been engaged in direct support for the modernization of public administration in Albania . In conclusion studying and analyzing the recent reform undertaken in the establishment of administrative court in Albania is necessary to make an evaluation of the impact of this reform in amending the legal framework for administrative procedures and adoption of a new Code of Administrative Procedure.

  7. School Administrators and the Courts: A Review of Recent Decisions. ERS Monograph. Series, No. 3. ERIC/CEM State-of-the-Knowledge Series, No. 30.

    Science.gov (United States)

    Hudgins, H. C., Jr.

    This monograph is a review of selected judicial decisions reported by state and federal courts during the past two years and related directly to the administration of elementary or secondary schools. The decisions were identified through a standard search of legal resources at the Temple University Law Library; each decision was read in its…

  8. The Roles of Judicial Officers and Court Administrators in the UK Supreme Court

    Directory of Open Access Journals (Sweden)

    William Arnold

    2014-12-01

    Full Text Available This article provides a brief historical summary of the process that culminated in the creation of the Supreme Court of the United Kingdom (SCUK, highlighting important changes in the relevant laws and regulations and the institutional framework within which authority for final appellate review of lower court decisions was and currently is vested.  It also examines the administrative organization of the SCUP and where authority for key elements of court administration at that court is vested and how, for practical purposes, the SCUK is administered.

  9. Court Decisions Go Online in Beijing

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    A website has been initiated by the BeijingHigher People's Court to help people search andreview the documents of judicial decisions onintellectual property rights(IPR)cases handled bythe courts in Beijing at various levels.A chief judge from the Beijing Higher People'sCourt said that all of the judicial documents of the

  10. 75 FR 20812 - Silicon Metal from Brazil: Amended Final Results of Administrative Review Pursuant to Court Decision

    Science.gov (United States)

    2010-04-21

    ... International Trade Administration Silicon Metal from Brazil: Amended Final Results of Administrative Review... Commerce (``the Department'') regarding the administrative review of the antidumping duty order on Silicon Metal from Brazil for the period of review beginning July 1, 1996, through June 30, 1997. See...

  11. A Court Case Analysis of Administrative versus Faculty Grading Rights

    Science.gov (United States)

    Bates, Homer L.; Waldrup, Bobby E.

    2010-01-01

    Since 1940, when the AAUP formally defined academic freedom (AAUP, 1984), most faculty members believe they have the final authority in assigning course grades to their students. Faculty members may be surprised that several recent court decisions have concluded that college and university administrators have the right to change grades initially…

  12. 49 CFR 40.405 - May the Federal courts review PIE decisions?

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false May the Federal courts review PIE decisions? 40.405 Section 40.405 Transportation Office of the Secretary of Transportation PROCEDURES FOR... courts review PIE decisions? The Director's decision is a final administrative action of the...

  13. The Development and Role of the Court Administrator in Canada

    Directory of Open Access Journals (Sweden)

    Pamela Ryder-Lahey

    2008-01-01

    Full Text Available By the turn of the millennium most courts in Canada had court administrators managing their operations and their staff. As a rule, the court administrators worked in a partnership with the chairmen of their courts, who typically delegated some of their official responsibilities. But the mere presence of court administrators, not to speak of their broad range of functions, was still relatively new. Only in the 1970s did most courts acquire administrators, and it took at least another decade before they were fully accepted by judges and entered into a position of equality with some, if not many, chairs of courts.

  14. 19 CFR 176.31 - Reliquidation following decision of court.

    Science.gov (United States)

    2010-04-01

    ... decision of the Court of Appeals for the Federal Circuit which involve the same issue, or which are based... is the subject of a decision of the Court of Appeals for the Federal Circuit shall be reliquidated at... 19 Customs Duties 2 2010-04-01 2010-04-01 false Reliquidation following decision of court....

  15. Procedural Justice in Dutch Administrative Court Proceedings

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    André Verburg

    2014-11-01

    Full Text Available In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we discern five procedural justice elements: (1 respect, (2 voice and due consideration, (3 some influence on how proceedings will continue, (4 an explanation of how the proceedings will continue and (5 direct interpersonal contact.The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i the possible or supposed collision between legally right outcomes and  procedural justice and (ii the lack of uniformity and predictability.Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.

  16. Improving Educational Administrative Decisions.

    Science.gov (United States)

    Wolfe, A. E.

    This paper discusses the financial crisis facing public education in the United States today and argues that the most effective response to this crisis is to improve the decision-making skills of educational administrators. Based on a review of the literature on administrative decision-making and organizational change, the author examines several…

  17. 38 CFR 3.214 - Court decisions; unremarried surviving spouses.

    Science.gov (United States)

    2010-07-01

    ...; unremarried surviving spouses. 3.214 Section 3.214 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF... Requirements § 3.214 Court decisions; unremarried surviving spouses. Effective July 15, 1958, a decision rendered by a Federal court in an action to which the United States was a party holding that a...

  18. Finding Vredo: the Dutch Supreme Court decision on escitalopram

    NARCIS (Netherlands)

    Tsoutsanis, A.

    2014-01-01

    This article is about the pharma patent litigation sparked by Lundbeck's blockbuster drug for escitalopram. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court, while also briefly contrasting and comparing this with the decisions in German

  19. The Yeshiva Case: Special Analysis. The Impact of the Supreme Court Decision.

    Science.gov (United States)

    Levenstein, Aaron, E.

    1980-01-01

    The impact of the Supreme Court Decision, "National Labor Relations Board versus Yeshiva University," on collective bargaining at colleges and universities is considered. The basic thrust of the majority decision is that faculty are not under the umbrella of the National Labor Relations Act and that administration may refuse to negotiate with a…

  20. US Supreme Court decisions, expert testimony, and implant dentistry.

    Science.gov (United States)

    Flanagan, Dennis

    2002-01-01

    There have been 3 US Supreme Court decisions in the last 8 years that have established new rules of admissibility of expert witness testimony. These will have great bearing on the practice of oral implantology now and in the future.

  1. Press Releases vs. Newspaper Coverage of California Supreme Court Decisions.

    Science.gov (United States)

    Hale, F. Dennis

    1978-01-01

    A study comparing the coverage in newspapers and press releases regarding one year's decisions of the California Supreme Court revealed that the press releases influenced the kinds of decisions that were reported but not the quantity of coverage by the newspapers. (GT)

  2. What Role for Administrative Courts in Granting Effective Legal Protection in the Energy Sector?

    NARCIS (Netherlands)

    Lavrijssen, S.

    2014-01-01

    This article develops a normative framework for assessing the role of the national administrative courts in reviewing regulatory decisions involving complex legal and economic assessments in the energy sector. It elaborates in a detailed way the requirements that follow from the EU law principle of

  3. 78 FR 69817 - Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and Amended Final Results of...

    Science.gov (United States)

    2013-11-21

    ... International Trade Administration Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and... Commerce. SUMMARY: On January 18, 2012, the Court of International Trade (CIT) entered judgment in KYD Inc. v. United States, 807 F. Supp. 2d 1372 (CIT January 18, 2012) (KYD v. United States) affirming...

  4. Prospective Analysis and Establishing Substantive Truth in Review of Merger Decisions in Court

    NARCIS (Netherlands)

    Gerbrandy, Anna

    2014-01-01

    In judicial review of decisions of administrative authorities courts generally aim towards grounding a judgment on substantively true facts. Such a substantive truth is usually understood as meaning ’that which happened’. But how can true facts be established if the facts have not yet occurred and w

  5. Court Decisions Specific to Public School Responses to Student Concussions

    Science.gov (United States)

    Zirkel, Perry A.

    2016-01-01

    This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

  6. 8 CFR 1003.11 - Administrative control Immigration Courts.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Administrative control Immigration Courts. 1003.11 Section 1003.11 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration...

  7. 76 FR 48122 - Certain Pasta From Italy: Notice of Court Decision Not in Harmony With Final Results of...

    Science.gov (United States)

    2011-08-08

    ...: Notice of Final Results of the Tenth Administrative Review and Partial Rescission of Review, 72 FR 70298... International Trade Administration Certain Pasta From Italy: Notice of Court Decision Not in Harmony With Final... of the administrative review of the antidumping duty order on certain pasta from Italy covering...

  8. Supreme Court Coverage in Canada: A Case Study of Media Coverage of the Whatcott Decision

    OpenAIRE

    Lydia Anita Miljan

    2014-01-01

    Do Canadian media outlets report Supreme Court decisions in a legal or political frame? Starting with a review of how the media amplify court decisions, the study focuses on a case study regarding a freedom of speech decision of the Court. This study finds that although the media critically evaluated the freedom of speech case of William Whatcott, it did so from a legal frame. Unlike American research that shows the media increasingly interprets Supreme Court decisions from a political frame,...

  9. 76 FR 13355 - Magnesium Metal From the Russian Federation: Notice of Court Decision Not in Harmony With Final...

    Science.gov (United States)

    2011-03-11

    ... International Trade Administration Magnesium Metal From the Russian Federation: Notice of Court Decision Not in... amending the final results of the administrative review of the antidumping duty order on magnesium metal... antidumping duty order on magnesium metal from the Russian Federation for the period of review (POR) April...

  10. 77 FR 58355 - Silicon Metal From the People's Republic of China: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2012-09-20

    ... International Trade Administration Silicon Metal From the People's Republic of China: Notice of Court Decision... the 2007-2008 administrative review of silicon metal from the People's Republic of China (``PRC''),\\1... antidumping duty order on silicon metal from the PRC for the 2007-2008 period of review (``POR'').\\5\\ \\1\\...

  11. 77 FR 71579 - Polyester Staple Fiber From Taiwan: Notice of Court Decision Not in Harmony With Final Results of...

    Science.gov (United States)

    2012-12-03

    ... International Trade Administration Polyester Staple Fiber From Taiwan: Notice of Court Decision Not in Harmony... order on polyester staple fiber from Taiwan covering the period of review (``POR'') May 1, 2009, through... Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 76...

  12. 78 FR 44928 - Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2013-07-25

    ... International Trade Administration Fresh Garlic From the People's Republic of China: Notice of Court Decision... redetermination \\1\\ relating to the ninth administrative review of the antidumping duty order on fresh garlic from... garlic from the PRC covering the period of review (``POR'') of November 1, 2002 ] through October...

  13. HUD Administrative Law Judges Decisions

    Data.gov (United States)

    Department of Housing and Urban Development — This site contains substantive and precedential decisions issued by the Office of Administrative Law Judges. The site does not contain subsequent rulings or...

  14. 76 FR 26241 - Certain Frozen Warmwater Shrimp From Thailand: Notice of Court Decision Not in Harmony With Final...

    Science.gov (United States)

    2011-05-06

    ...., Chanthaburi Frozen Food Co., Ltd., Chanthaburi Seafoods Co., Ltd., Phatthana Seafood Co., Ltd., Phatthana Frozen Food Co., Ltd., Thailand Fishery Cold Storage Public Co., Ltd., Thai International Seafood Co... International Trade Administration Certain Frozen Warmwater Shrimp From Thailand: Notice of Court Decision...

  15. 75 FR 41435 - Ball Bearings and Parts Thereof From Germany: Notice of Court Decision Not in Harmony With Final...

    Science.gov (United States)

    2010-07-16

    ... International Trade Administration Ball Bearings and Parts Thereof From Germany: Notice of Court Decision Not in... Germany. See SKF USA Inc., v. United States, Slip Op. 10-76 (CIT July 7, 2010). The Department is now... orders on ball bearings and parts thereof from France, Germany, Italy, Japan, and the United Kingdom...

  16. 78 FR 40696 - Honey From the People's Republic of China: Notice of Court Decision Not in Harmony With Final...

    Science.gov (United States)

    2013-07-08

    ... International Trade Administration Honey From the People's Republic of China: Notice of Court Decision Not in... harmony with the Department's Notice of Final Determination of Sales at Less Than Fair Value; Honey from... Results, the Department found that that importers did not know, or could not have known, that honey...

  17. 75 FR 7562 - Certain Steel Concrete Reinforcing Bars From Turkey: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2010-02-22

    ... International Trade Administration Certain Steel Concrete Reinforcing Bars From Turkey: Notice of Court Decision... certain steel concrete reinforcing bars (rebar) from Turkey covering the period of review (POR) of April 1, 2003, through March 31, 2004. See Certain Steel Concrete Reinforcing Bars From Turkey; Final...

  18. 77 FR 36255 - Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2012-06-18

    ... International Trade Administration Fresh Garlic From the People's Republic of China: Notice of Court Decision... notifying the public that the final judgment in this case is not in harmony with Garlic AR8 Final Results \\3... garlic from the People's Republic of China (``PRC'') covering the period of review (``POR'') of...

  19. 76 FR 13983 - Fresh Garlic from the People's Republic of China: Court Decision Not in Harmony With Final...

    Science.gov (United States)

    2011-03-15

    ... International Trade Administration Fresh Garlic from the People's Republic of China: Court Decision Not in... duty order on fresh garlic from the People's Republic of China (``PRC'') covering the period of review (``POR'') of November 1, 2006, through October 31, 2007 with respect to Greening. See Fresh Garlic...

  20. 77 FR 38583 - Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2012-06-28

    ... International Trade Administration Fresh Garlic From the People's Republic of China: Notice of Court Decision... fresh garlic from the People's Republic of China (PRC) covering the period of review of November 1, 2007.... Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). \\6\\ See Fresh Garlic...

  1. Laverne A. Jacobs & Justice Anne L. Mactavish, eds., Dialogue Between Court And Tribunals – Essays In Administrative Law And Justice (2001- 2007

    Directory of Open Access Journals (Sweden)

    Gerald P. Heckman

    2009-10-01

    Full Text Available “Dialogue between Courts and Tribunals,” a title that could describe the interplay between judges and decision-makers in the context of the judicial review of administrative decisions, in fact refers to a series of annual roundtables organized by the Canadian Institute for the Administration of Justice [CIAJ].

  2. Court Administrators and the Judiciary — Partners in the Delivery of Justice

    Directory of Open Access Journals (Sweden)

    Wayne Stewart Martin

    2014-12-01

    Full Text Available This article examines several topics relating to the administration and governance of courts in democratic societies.  It includes a summary of the development of court administration as a profession, highlighting Australia and the United States.  The summary includes a discussion of how judges and court administrators must work together and coordinate their efforts in key areas of court administration and management.  The article also reviews separation of powers issues, highlighting the problems that emerge in systems in which oversight and administration of the courts is vested in the executive branch or power of government, most commonly in a justice ministry.  It reviews the practical advantages of having courts governed and managed through institutional mechanisms within the judicial power rather than the executive power.

  3. Factors Perceived to Affect Delinquent Dispositions in Juvenile Court: Putting the Sentencing Decision into Context.

    Science.gov (United States)

    Sanborn, Joseph B., Jr.

    1996-01-01

    One hundred workers from rural, urban, and suburban juvenile courts were interviewed to ascertain their perspectives as to factors that should and do influence sentencing decisions. The data demonstrate that the factors perceived to affect these decisions vary among juvenile courts, making it difficult to determine the impact of any single factor.…

  4. Constitutional Court of South Africa overturns lower court's decision on the right to "sufficient water".

    Science.gov (United States)

    2009-12-01

    On 8 October 2009, the Constitutional Court of South Africa overturned the judgment of the Supreme Court of Appeal, which addressed the proper interpretation of Section 27(1)(b) of the Constitution of South Africa (Constitution)--namely, everyone's right to have access to sufficient water.

  5. U.S. Supreme Court refuses to review decision invalidating provisions in Louisiana parental consent law.

    Science.gov (United States)

    1997-10-31

    On October 20, 1997, the US Supreme Court refused to review an April decision of the US Court of Appeals finding that parental consent provisions in Louisiana's abortion law posed an unconstitutional "undue burden" on minors seeking abortions. Louisiana has required consent of one parent with a court bypass procedure since the early 1980s, but the legislature amended this legislation in 1995 to give judges wide latitude to deny young women abortions, breach their confidentiality, and permit unspecified time parameters in making a decision. A District Court found the amendments in conflict with established federal court precedent, and the Appeals Courts agreed and also found that the lack of guarantee for a specified time for resolution of a petition was inconsistent with court rulings against such open-ended bypass procedures. The Court also rejected a provision that gave a judge authority to order a young woman to attend evaluation and counseling sessions (again with no time limit) before authorization for abortion would be granted. The panel also struck down a provision that permitted a court to contact the parents of a minor if the court determined that the minor was not mature and that such notification would be in her best interests. It was found that this mandate would unacceptably compromise a petitioner's anonymity.

  6. Confession and Carrying into Execution of Foreign Arbitration Courts' Decisions: Reciprocity and Public Policy

    Science.gov (United States)

    Sarina, Salima A.; Nukusheva, Aigul A.; Kalmagambetov, Kassym S.; Kumysbekova, Zhanara T.; Nesterova, Elena V.

    2016-01-01

    The article contains a comparative analysis of foreign arbitration courts' decisions, ensuring the reciprocity and public policy. The aim of the study is to explore such aspects as reciprocity and public policy of arbitration courts. The result is the view of the public policy, despite its apparent irrelevance in today's Kazakhstan, which is of…

  7. The Impact of External Environment on Service-Related Decisions of Juvenile Courts.

    Science.gov (United States)

    Breda, Carolyn S.

    This report describes outcomes of a survey that investigated the external environment of juvenile courts and whether this environment relates to the treatment of young offenders or custody decisions. In 1997, a statewide survey was administered to all courts with juvenile jurisdiction in a Mid-Southern state. This research was based on 71 courts…

  8. Educational Pluralism and Freedom of Religion: Recent Decisions of the European Court of Human Rights

    Science.gov (United States)

    Relano, Eugenia

    2010-01-01

    This paper addresses the sensitive issue of the teaching of religions and beliefs in schools by analysing two recent decisions of the European Court of Human Rights. In these cases, the Court asserts that students should be exempted from compulsory courses on religion or from courses that are not conveyed in an objective, critical and pluralist…

  9. 19 CFR 175.31 - Publication of notice of court decision.

    Science.gov (United States)

    2010-04-01

    ... International Trade or of the Court of Appeals for the Federal Circuit which sustains, in whole or in part, a... 19 Customs Duties 2 2010-04-01 2010-04-01 false Publication of notice of court decision. 175.31...; DEPARTMENT OF THE TREASURY (CONTINUED) PETITIONS BY DOMESTIC INTERESTED PARTIES Procedure Following...

  10. Epidemiological evidence in law: a comment on Supreme Court Decision 2011Da22092, South Korea.

    Science.gov (United States)

    Broadbent, Alex

    2015-01-01

    This paper offers a commentary on three aspects of the Supreme Court's recent decision (2011Da22092). First, contrary to the Court's finding, this paper argues that epidemiological evidence can be used to estimate the probability that a given risk factor caused a disease in an individual plaintiff. Second, the distinction between specific and non-specific diseases, upon which the Court relies, is shown to be without scientific basis. Third, this commentary points out that the Court's finding concerning defect of expression effectively enables tobacco companies to profit from the efforts of epidemiologists and others involved in public health to raise awareness of the dangers of smoking.

  11. Realisation of power systems and European nature conservation. The actual jurisdiction of the Federal Administrative Court; Realisierung von Energieanlagen und europaeischer Naturschutz. Die aktuelle Rechtsprechung des Bundesverwaltungsgerichts

    Energy Technology Data Exchange (ETDEWEB)

    Anger, Christoph [avocado rechtsanwaelte, Koeln (Germany)

    2011-03-15

    For a long time, the right of nature conservation and landscape conservation showed a shadowy existence in the approval of projects. Some actual decisions of the Supreme Court show that in the last years the nature conservation law developed to a central area of conflict in the licensing procedure. The contribution under consideration reports on the legal material using three selected problem areas from the law on the protection of area and law on the protection of species. On the one hand, the Federal Administrative Court (Leipzig, Federal Republic of Germany) always upgrades the requirements. However, on the other hand the Federal Administrative Court attaches great importance to practicability. The Federal Administrative Court often points to a way, how projects can be realized with a careful nature conservation related attendance also at difficult environmental conditions.

  12. Values and Facts in Educational Administrative Decisions

    Science.gov (United States)

    Glasman, Naftaly S.; Sell, G. Roger

    1972-01-01

    Uses nine case studies as an approach to study philosophical influences on educational administration. Studies concern administrative decisions in educational organizations where the decisions are considered as independent variables, and the value and/or fact bases of the decisions are considered as independent variables. (Author/DN)

  13. Changing the constitutional landscape for firearms: the US Supreme Court's recent Second Amendment decisions.

    Science.gov (United States)

    Vernick, Jon S; Rutkow, Lainie; Webster, Daniel W; Teret, Stephen P

    2011-11-01

    In 2 recent cases-with important implications for public health practitioners, courts, and researchers-the US Supreme Court changed the landscape for judging the constitutionality of firearm laws under the Constitution's Second Amendment. In District of Columbia v Heller (2008), the court determined for the first time that the Second Amendment grants individuals a personal right to possess handguns in their home. In McDonald v City of Chicago (2010), the court concluded that this right affects the powers of state and local governments. The court identified broad categories of gun laws-other than handgun bans-that remain presumptively valid but did not provide a standard to judge their constitutionality. We discuss ways that researchers can assist decision makers.

  14. A Comprehensive Evaluation of the Supreme Court's "Forest Grove" Decision?

    Science.gov (United States)

    Zirkel, Perry A.

    2013-01-01

    The article by Dixon, Eusebio, Turton, Wright, and Hale is entitled "Forest Grove School District v. T.A. Supreme Court Case: Implications for School Psychology Practice." Its implications are that a "comprehensive evaluation" under the Individuals with Disabilities Education Act (IDEA) requires assessment of the child's…

  15. Court Challenges to Tenure, Promotion, and Retention Decisions. IDEA Paper No. 12.

    Science.gov (United States)

    Seldin, Peter

    Promotion and tenure decisions in higher education are discussed and identified as no longer private affairs within departments, but subject to affirmative action guidelines and court scrutiny. Increasing numbers of discrimination complaints are forcing committee members to justify publicly decisions that were once left to their private…

  16. Labor Law Decisions of the Supreme Court during the 1977 Term.

    Science.gov (United States)

    Goetz, Raymond

    1979-01-01

    In an expansion of his paper presented at the American Bar Association's 1978 annual meeting, Professor Goetz reviews the 1977 Supreme Court labor law decisions, focusing on employment discrimination cases and the legality of affirmative action programs in the decision in Board of Regents of the University of California v Bakke. (MF)

  17. A CONCEPTUAL FRAMEWORK FOR ADDRESSING INFORMATION NEEDS FOLLOWING THE US SUPREME COURT'S RAPANOS AND CARABELL DECISIONS

    Science.gov (United States)

    In June 2006, the US Supreme Court issued decisions in two cases concerning the Clean Water Act (CWA). The decisions discuss factors potentially relevant to CWA jurisdiction, including the hydrological permanence of non-navigable streams and adjacent wetlands (NNSAWs) and their ...

  18. Supreme Court upholds abortion rights. Decision underscores "partial-birth" ruse.

    Science.gov (United States)

    Farmer, A

    2000-01-01

    On June 28, 2000, the US Supreme Court issued a decision that rejects Nebraska's ban on "partial-birth abortions." The decision affirmed that this abortion ban, and others like it, are extreme, deceptive and unconstitutional violations of the landmark decision that guaranteed women the liberty to choose abortion 27 years ago. While proponents of the Nebraska statute had attempted to convince the Court that the law only covered a particular abortion procedure known as dilation and extraction (D&X), the majority of judges agreed that the statute was written so broadly, it would affect other abortion procedures as well. Pro-choice organizations are elated by the decision; however, there are still some causes for concern. It is stated that while the Court's decision is a victory for women's rights to choose abortion, it also demonstrates how fragile this right is, as shown in the 5-4 decision. Still, even with only a small margin, this court decision will have immediate effect on rendering all similar statutes unconstitutional.

  19. At the Intersection between Expropriation Law and Administrative Law: Two Critical Views on the Constitutional Court's Arun Judgment

    Directory of Open Access Journals (Sweden)

    Ernst Jacobus Marais

    2016-08-01

    Full Text Available In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence be compensated for the "expropriation" of such excess land if the provision is to comply with section 25(2 of the Constitution. This ruling is problematic for both expropriation law and administrative law. In terms of section 25(2 four objections may be raised against the Arun decision. Firstly, it disregards the function of the public interest requirement for expropriation, as understood in view of the law-of-general-application requirement (which, in turn, is informed by the legality principle. The state cannot expropriate property for purposes that are ultra vires (or ulterior to the authorising legislation. Yet the Arun court seems to allow just this by permitting the local authority to acquire land unrelated to the normal need of the development against payment of compensation instead of setting the attempted expropriation aside. The judgment, secondly, ignores the role of compensation under section 25(2. Merely paying compensation to an affected party cannot turn an invalid expropriation into a valid one, since compensation is merely the result of a valid expropriation and not a justification for it. Thirdly, it makes the distinction between deprivation and expropriation pivot on the effect of the property limitation, which is unable to properly distinguish between these two forms of limitation in all instances. Finally, Moseneke DCJ's ruling seems to afford an election to litigants who are affected by materially defective expropriations to choose whether to accept the expropriation and claim compensation or to have it reviewed and set aside under PAJA. This election, if it indeed exists, subverts the principles of expropriation law

  20. MEDICAL AND LEGAL ISSUES OF THE DECISIONS RENDERED BY THE EUROPEAN COURT OF HUMAN RIGHTS.

    Science.gov (United States)

    Chakhvadze, B; Chakhvadze, G

    2017-01-01

    The European Convention on Human rights is a document that protects human rights and fundamental freedoms of individuals, and the European Court of Human Rights and its case-law makes a convention a powerful instrument to meet the new challenges of modernity and protect the principles of rule of law and democracy. This is important, particularly for young democracies, including Georgia. The more that Georgia is a party to this convention. Article 3 of the convention deals with torture, inhuman and degrading treatment, while article 8 deals with private life, home and correspondence. At the same time, the international practice of the European court of human rights shows that these articles are often used with regard to medical rights. The paper highlights the most recent and interesting cases from the case-law of the ECHR, in which the courts conclusions are based solely on the European Convention on Human Rights. In most instances, the European Court of Human Rights uses the principle of democracy with regard to medical rights. The European court of human rights considers medical rights as moral underpinning rights. Particularly in every occasion, the European Court of Human Rights acknowledges an ethical dimension of these rights. In most instances, it does not matter whether a plaintiff is a free person or prisoner, the European court of human rights make decisions based on fundamental human rights and freedoms of individuals.

  1. Commentary: Factors predicting family court decisions in high-conflict divorce.

    Science.gov (United States)

    Stover, Carla Smith

    2013-01-01

    Factors that predict custody and visitation decisions are an important area of research, especially in the context of high-conflict divorce. In these cases, youths are at significantly higher risk for exposure to ongoing conflict, violence, and triangulation in their parents' disputes. What variables courts and evaluation clinics use to make custody decisions and whether they are the most salient requires further study. The work by Raub and colleagues in this issue extends our understanding of important factors considered by the courts and custody evaluators in high-conflict divorce and points to directions for future research in this area.

  2. The influence of neuroscience on US Supreme Court decisions about adolescents' criminal culpability.

    Science.gov (United States)

    Steinberg, Laurence

    2013-07-01

    In the past 8 years, the US Supreme Court has issued landmark opinions in three cases that involved the criminal culpability of juveniles. In the most recent case, in 2012, a ruling prohibited states from mandating life without parole for crimes committed by minors. In these cases, the Court drew on scientific studies of the adolescent brain in concluding that adolescents, by virtue of their inherent psychological and neurobiological immaturity, are not as responsible for their behaviour as adults. This article discusses the Court's rationale in these cases and the role of scientific evidence about adolescent brain development in its decisions. I conclude that the neuroscientific evidence was probably persuasive to the Court not because it revealed something new about the nature of adolescence but precisely because it aligned with common sense and behavioural science.

  3. Implications of the Supreme Court's ACA Medicaid decision.

    Science.gov (United States)

    Perkins, Jane

    2013-03-01

    In the typical case, states are expected to act like independent sovereigns and reject federal funding conditions they do not like. In National Federation of Independent Business v. Sebelius (NFIB), however, the Supreme Court found that Congress unduly coerced states when it enacted the Affordable Care Act's Medicaid expansion provision. This article provides an overview to NFIB and discusses its implications. Focusing on Chief Justice Roberts' plurality opinion, the article explains that undue coercion may occur when the following four elements come together: (1) Congress enacts a new spending program; (2) Congress seeks to induce state participation in the new program by threatening to terminate all federal funding to an existing program; (3) the federal funding to the existing program is significant; and (4) the requirements of the new program are not related to the old program and, thus, could not have been anticipated by the state.

  4. The Many Faces of Compliance: The Supreme Court's Decision in "Horne v. Flores"

    Science.gov (United States)

    Thro, William E.

    2009-01-01

    At first blush, the Supreme Court's recent decision in "Horne v. Flores" (2009) appears to be about the proper standard for determining when to modify a previous judgment, a topic that would interest only civil procedure geeks. Yet, on closer examination, "Horne" is about giving local and state officials discretion to solve education problems and,…

  5. Media Agendas and Human Rights: The Supreme Court Decision on Abortion.

    Science.gov (United States)

    Pollock, John Crothers; And Others

    1978-01-01

    Examines coverage of the abortion issue prior to, during, and after the 1973 Supreme Court decision legalizing elective abortion in daily newspapers in Boston, Chicago, Los Angeles, New York, and Washington, D.C. Considers the effect on news coverage of local religious composition, income levels, race, and abortion rate. (GW)

  6. Law on the Market? Evaluating the Securities Market Impact of Supreme Court Decisions

    CERN Document Server

    Katz, Daniel Martin; Soellinger, Tyler; Chen, James Ming

    2015-01-01

    Do judicial decisions affect the securities markets in discernible and perhaps predictable ways? In other words, is there "law on the market" (LOTM)? This is a question that has been raised by commentators, but answered by very few in a systematic and financially rigorous manner. Using intraday data and a multiday event window, this large scale event study seeks to determine the existence, frequency and magnitude of equity market impacts flowing from Supreme Court decisions. We demonstrate that, while certainly not present in every case, "law on the market" events are fairly common. Across all cases decided by the Supreme Court of the United States between the 1999-2013 terms, we identify 79 cases where the share price of one or more publicly traded company moved in direct response to a Supreme Court decision. In the aggregate, over fifteen years, Supreme Court decisions were responsible for more than 140 billion dollars in absolute changes in wealth. Our analysis not only contributes to our understanding of ...

  7. A Major New Court Decision: Are Blurred Boundaries Worth the Price on the Eligibility Side?

    Science.gov (United States)

    Zirkel, Perry A.

    2017-01-01

    Legally, the ultimate criterion for eligibility under the Individuals with Disabilities Education Act (IDEA) is whether the child needs special education. A new decision by the Ninth Circuit Court of Appeals suggests that providing various interventions and accommodations in general education might mean that a child who meets the criteria for any…

  8. NON-NAVIGABLE STREAMS AND ADJACENT WETLANDS: ADDRESSING SCIENCE NEEDS FOLLOWING THE SUPREME COURT'S RAPANOS DECISION

    Science.gov (United States)

    In June of 2006, the US Supreme Court ruled in two cases concerning jurisdiction under the Clean Water Act (CWA). The decisions suggest that hydrological permanence of non-navigable streams and adjacent wetlands (NNSAWs) and their effects on the chemical, physical, and biological...

  9. Civil Remedies Division Administrative Law Judge Decisions

    Data.gov (United States)

    U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

  10. 2010 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2010 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  11. 2009 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2009 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  12. 76 FR 78093 - Correction of Administrative Errors; Court Orders and Legal Processes Affecting Thrift Savings...

    Science.gov (United States)

    2011-12-16

    ... CFR Parts 1605 and 1653 Correction of Administrative Errors; Court Orders and Legal Processes..., the TSP will pay a current or former spouse first, a dependent second, and an attorney third. However, in 2004 the Agency amended Part 1653 to remove language that permitted an attorney to receive...

  13. Administrative-judicial protection of electoral right: With analysis of the judicature of the Administrative Court of Serbia

    OpenAIRE

    Vučetić, Dejan; Janićijević, Dejan; Ranđelović, Nebojša

    2014-01-01

    The subject of analysis in this paper are regulations that govern the judicial protection of electoral right, especially the cases brought before the Serbian Administrative Court during the parliamentary and local elections of 2012 and 2014, the former of which are remembered by a number of alleged irregularities. We used a standard legal methodological apparatus to analyze the normative framework for administrative and judicial protection of electoral right. The paper analyzes the jurisprude...

  14. Abortion and infant mortality before and after the 1973 US Supreme Court decision on abortion.

    Science.gov (United States)

    Robertson, L S

    1981-07-01

    The 50 states of the US were compared in 1971-72 and 1974-75 with respect to percentage apparent conceptions aborted and infant mortality rates attributed to various causes. Only nonvehicle accidental deaths were consistently related to abortion. The correlation is nonlinear; nonvehicle accidental deaths were especially high in states with little or no abortion. A decline in nonvehicle accidental deaths from before to after the Supreme Court decision was most pronounced in states where there were fewest abortions before the decision and where increases in abortion followed the decision.

  15. The obligation of national Courts against whose decision there is no judicial remedy to refer questions to the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Neamt Valentin Paul

    2016-06-01

    Full Text Available The present paper presents the obligation that courts in the member states of the European Union have to refer questions to the Court of Justice of the European Union, with a focus on courts against whose decision there is no judicial remedy under national law. The paper starts by presenting the applicable framework regarding the preliminary reference procedure, then focuses on analyzing the exceptions to national court’s duty under article 267 TFEU, with a focus on the direction in which the case law is heading based on the most recent judgments handed down by the Court of Justice of the European Union in 2015, finally presenting the author’s conclusions and observation on the subject.

  16. Supreme Court Coverage in Canada: A Case Study of Media Coverage of the Whatcott Decision

    Directory of Open Access Journals (Sweden)

    Lydia Anita Miljan

    2014-10-01

    Full Text Available Do Canadian media outlets report Supreme Court decisions in a legal or political frame? Starting with a review of how the media amplify court decisions, the study focuses on a case study regarding a freedom of speech decision of the Court. This study finds that although the media critically evaluated the freedom of speech case of William Whatcott, it did so from a legal frame. Unlike American research that shows the media increasingly interprets Supreme Court decisions from a political frame, this study on Whatcott finds that the media focused on the legal arguments of the case. ¿Los medios de comunicación canadienses informan sobre las decisiones de la Corte Suprema en un marco legal o político? A partir de una revisión de cómo los medios de comunicación amplifican las decisiones judiciales, el estudio se centra en un caso práctico sobre la libertad de expresión de las decisiones del tribunal. Este estudio revela que aunque los medios evaluaron críticamente la libertad de expresión en el caso de William Whatcott, se hizo en un marco legal. A diferencia de investigaciones estadounidenses que prueban que los medios de comunicación interpretan cada vez con mayor frecuencia las decisiones de la Corte desde un marco político, este estudio sobre Whatcott demuestra que los medios de comunicación se centraron en los argumentos legales del caso. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2500102

  17. Means of determining the condition of insanity in administrative proceedings based on the court practice

    Directory of Open Access Journals (Sweden)

    Tatyana Mikhailovna Sekretareva

    2015-06-01

    Full Text Available Objective in the absence in the Russian administrative legislation of the provisions on the procedure and the ways to detect the condition of insanity of a physical person who has committed an administrative wrongful act there is a variety of lawenforcement acts for the resolution of these issues. In order to further systematize the enforcement acts for the resolution of these issues we consider it necessary to assess the practical application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by the courts in different Russian regions. Methods the methodological basis of research is the general scientific dialectic method of cognition the author used methods such as analysis synthesis description explanation. Results the author has conducted an analysis of practice of application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by courts of the Russian Federation. On the basis of this analysis it is found that courts use different methods of establishing the state of insanity of the person who committed the violation of the legislation on administrative offences. This is due to the fact that the courts base on a variety of actual data when establishing the state of insanity in the resolution of specific cases. These actual data were combined into 4 groups. Each method for establishing the state of insanity was evaluated which allowed to conclude about the need to organize the actions of individuals considering the cases on administrative offences aimed at defining the state of insanity of the offender and to offer one of the possible options for resolving the identified problems. Scientific novelty for the first time the analysis of practice of application of Article 2.8 quotInsanityquot of the Administrative Code was made and the author39s assessment of its provisions is given. Practical value the results of the study can be used for the generalization of judicial practice at the level of

  18. Taxing the Establishment Clause: —Revolutionary Decision of the Arizona Supreme Court

    Directory of Open Access Journals (Sweden)

    Kevin G. Welner

    2000-07-01

    Full Text Available This article explores the nature and implications of a 1999 decision of the Arizona Supreme Court, upholding the constitutionality of a state tax credit statute. The statute offers a $500 tax credit to taxpayers who donate money to non-profit organizations which, in turn, donate the money in grants to students in order to help defray the costs of attending private and parochial schools. The author concludes that the Arizona decision elevates cleverness in devising a statutory scheme above the substance of long-established constitutional doctrine.

  19. 42 CFR 405.1140 - MAC review of ALJ decision in a case remanded by a Federal district court.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false MAC review of ALJ decision in a case remanded by a...) Medicare Appeals Council Review § 405.1140 MAC review of ALJ decision in a case remanded by a Federal... district court for further consideration and the MAC remands the case to an ALJ, a decision...

  20. 77 FR 28570 - Pure Magnesium From the People's Republic of China: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2012-05-15

    ... overhead, selling, general and administrative expenses (``SG&A'') and profit of Madras Aluminum Co. Ltd. in... States,\\4\\ holding that a court abuses its discretion when it declines to remand to an agency when... remand order, the Court resolved a ministerial error allegation, holding that there was no...

  1. 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...

  2. Strategies for strengthening patent protection of pharmaceutical inventions in light of federal court decisions.

    Science.gov (United States)

    Pillai, Xavier; Kinney, William A

    2010-01-01

    In this article, a brief history of patent law is presented, along with recent changes in its interpretation that are relevant in securing patents in the current landscape. Specific patent examples are presented to illustrate key issues. For example, the case of KSR International Co. v. Teleflex, Inc. is an important recent decision by the United States Supreme Court, which developed a more flexible definition of the teaching-suggestion-motivation (TSM) test in determining obviousness, which negates patentability. Although KSR case involved a mechanical invention, the ruling in this case has had implications in other areas of patent law, particularly as it applied to pharmaceutical and chemical inventions. It has had a significant impact on the outcome of patent prosecution at the United States Patent and Trademark Office (USPTO), as well as in defending patents in federal courts. If an invention is obvious to try and there are a finite number of predictable solutions in the prior art, then the invention will be considered obvious by current standards. Bayer Schering Pharma AG v. Barr Laboratories, Inc is presented as a case in which the court of appeals has applied the KSR standard of obviousness in invalidating a formulation patent claim, in which a finite number of options were available to the formulator. Unlike the formulation patent example, patents covering new molecules have survived challenges more successfully. In The Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc., the court of appeals for the Federal Circuit determined that the invention of risedronate was unobvious, although it was a mere positional isomer of a prior bisphosphonate. However in Altana Pharma AG v. Teva Pharmaceuticals USA, Inc., the court of appeals judged against the innovator company when there was a clearer case of predictable prior art. Finally, Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc. presents an example of a case at the Federal Circuit where topiramate

  3. 43 CFR 4.1308 - Decision by administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Decision by administrative law judge. 4... Decision by administrative law judge. (a) The administrative law judge shall issue a written decision.... (b) If the administrative law judge concludes that the individual is liable for an individual...

  4. 42 CFR 423.2140 - MAC Review of ALJ decision in a case remanded by a Federal District Court.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false MAC Review of ALJ decision in a case remanded by a... BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.2140 MAC Review of ALJ decision in..., when a case is remanded by a Federal District Court for further consideration and the MAC remands...

  5. A Supreme Challenge: Achieving the Educational and Societal Benefits of Diversity after the Supreme Court's "Fisher" Decision

    Science.gov (United States)

    Alger, Jonathan R.

    2013-01-01

    This invited commentary provides a response to the U.S. Supreme Court's decision in the case of "Fisher v. University of Texas at Austin" (2013). The author addresses the question regarding whether the newest decision about the use of affirmative action in higher education admissions raised the bar with respect to the legal doctrine of…

  6. FINALITY OF INDONESIAN CONSTITUTIONAL COURT DECISION IN REGARD TO JUDICIAL REVIEW

    Directory of Open Access Journals (Sweden)

    Suwarno Abadi

    2016-05-01

    Full Text Available This article examines the constitutional status of Constitutional Court’s decisions constitutionally guaranteed as final. This status very critical because it could lead Constitutional Court to the judicial supremacy position. This article argues against this possibility. The status of Constitutional Court’s decisions should be critized on the basis that its finality is prima facie, not absolute. As a solution, this article takes a position called departmentalism which means that court and legislature are not supreme in their authority to interpret the constitution. Artikel ini membahas tentang status konstitusional putusan Mahkamah Konstitusi yang dijamin konstitusi bersifat final. Status tersebut sangat kritikal karena dapat mengarahkan Mahkamah Konstitusi ke posisi supremasi yudisial. Artikel ini berargumen tidak setuju atas kemungkinan tersebut. Oleh karena itu, status putusan Mahkamah Konstitusi perlu dikritisi dengan dasar bahwa finalitasnya tersebut bersifat “prima facie”, tidak absolut. Sebagai solusinya, artikel ini mengambil posisi departementalisme yang memiliki pengertian bahwa pengadilan dan legislator tidak memiliki supremasi atas kewenangan untuk melakukan interpretasi konstitusi.

  7. Disability Case Review of Administrative Law Judge Hearing Decisions

    Data.gov (United States)

    Social Security Administration — The Disability Case Review is a post-effectuation quality review of administrative law judge (ALJ) disability hearing decisions. This dataset includes results from...

  8. POLITICAL MIGRATION, THE ROMANIAN POLITICIANS’ "DISEASE". COMMENTS ON CONSTITUTIONAL COURT DECISION NO. 761/2015

    Directory of Open Access Journals (Sweden)

    Claudia GILIA

    2015-07-01

    Full Text Available After 1989, the Romanian society has been in a continuous constitutional, legislative, and political effervescence. Building a democratic state, a state of the rule of law, based on fundamental values, such as human dignity, freedom, fundamental rights and freedoms, political pluralism, is a long process. Democratic, fair, free and regular elections are a crucial element for the proper functioning of the political institutions. But are they sufficient to ensure a functional and representative democracy? Our answer is no. There are many other elements that are needed in order to achieve such an important goal to a functioning society. One of these elements which we would like mention is, in our opinion, important to progress and representative democracy of any state: the legitimacy and political stability of the bodies exercising power at all levels. In our study, we address a number of issues concerning a phenomenon that grinds the foundation of the representative democracy, namely political migration. In our opinion, this phenomenon, that has invaded the political life in Romania, is one of the serious "diseases" of both the political class, and the Romanian society. Obtaining power at any price seems to justify any political treason, metaphorically called “political migration”. In our study, the phenomenon of the political migration will be analyzed mostly under Constitutional Court Decision no. 761 of 17 December 2014 concerning the unconstitutionality of the Law on the approval of Government Emergency Ordinance no. 55/2014 regulating measures concerning the local public administration. By Ordinance no. 55/2014, Pandora's Box has been opened once again within the local public administration as, for a period of 45 days, the local elected were provided the permission to express in writing, only once, their option of either becoming members of a certain political party or national minority organization, or becoming independent without losing

  9. 31 CFR 501.740 - Decision of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Decision of Administrative Law Judge... REGULATIONS Trading With the Enemy Act (TWEA) Penalties § 501.740 Decision of Administrative Law Judge. The Administrative Law Judge shall prepare a decision that constitutes his or her final disposition of...

  10. 14 CFR 302.607 - Decision by administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Decision by administrative law judge. 302... Proceedings Concerning Airport Fees § 302.607 Decision by administrative law judge. The administrative law judge shall issue a decision recommending a disposition of a complaint or request for...

  11. 24 CFR 1720.525 - Decision of administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... PRACTICE Adjudicatory Proceedings Hearings § 1720.525 Decision of administrative law judge. (a) The administrative law judge shall make and file a decision within 30 days after the close of the taking of evidence... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Decision of administrative...

  12. The decision of the International Court of Justice related to preliminary exceptions in the Nicaragua v. Colombia case

    Directory of Open Access Journals (Sweden)

    Rafael Nieto Navia

    2010-05-01

    Full Text Available This article is divided into three main parts. The fi rst part presents the precedents in the case relating to delimiting the Caribbean Sea boundary between Nicaragua and Colombia. It analyzes the competence of the International Court of Justice – ICJ (the Court in accordance with Article 36 of the Statute of the Court; consequently, it studies the Declaration of the acceptance of the Competence of the Court presented by Colombia to the Permanent Court of International Justice in 1937 as well as the Bogota Pact of 1948 as to its applicability and breadth as regards the 1928 EsguerraBárcenas Treaty. The second part presents a detailed analysis of the decision of the Court on the preliminary exceptions in which it was determined that the sovereignty of the islands of San Andres, Providencia, and Santa Catalina was Colombian, that the Esguerra-Bárcenas Treaty was not treaty delimiting maritime boundaries and that it (the Court was competent to get to the foundation of the matter. The third part sets out the actions which still must be completed relative to the foundation of the case.

  13. Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?

    Directory of Open Access Journals (Sweden)

    Gruodytė Edita

    2016-12-01

    Full Text Available In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.

  14. 20 CFR 410.670c - 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. 410.670c... involving the application of circuit court law. (a) The Administration will apply a holding in a United... determination or decision between the date of a circuit court decision and the date an Acquiescence Ruling...

  15. 76 FR 69705 - Certain Activated Carbon From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2011-11-09

    ... International Trade Administration Certain Activated Carbon From the People's Republic of China: Notice of Court... the administrative review of the antidumping duty order on certain activated carbon from the People's... Corporation (``Hebei Foreign'') and the margin assigned to Ningxia Guanghua Cherishmet Activated Carbon...

  16. 29 CFR 101.11 - Administrative law judge's decision.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision. 101.11 Section 101.11... Administrative law judge's decision. (a) At the conclusion of the hearing the administrative law judge prepares a... administrative law judge may recommend dismissal or sustain the complaint, in whole or in part, and...

  17. 78 FR 72862 - Wooden Bedroom Furniture From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2013-12-04

    ...''), using its market purchases. In addition, the Department revised the surrogate financial ratios by... calculation of the surrogate financial ratios, constitutes a final decision of that court that is not in...: Final Results and Final Rescission in Part, 76 FR 49729 (August 11, 2011) (``Final Results'')....

  18. Matrix of Key Federal Statutes and Federal and State Court Decisions Reflecting the Core Concepts of Disability Policy

    Science.gov (United States)

    Turnbull, H. Rutherford, III; Stowe, Matt; Klein, Samara; Riffel, Brandon

    2012-01-01

    This matrix displays the decisions of the United States Supreme Court and the federal statutes most relevant to individuals with disabilities and their families. It is organized according to the core concepts of disability policy as identified by Rud Turnbull and his colleagues at the Beach Center on Disability, the University of Kansas, Lawrence,…

  19. Power Subscription Strategy: Administrator`s Record of Decision.

    Energy Technology Data Exchange (ETDEWEB)

    United States. Bonneville Power Administration

    1998-12-01

    The Bonneville Power Administration (BPA) has decided to adopt a Power Subscription Strategy for entering into new power sales contracts with its Pacific Northwest customers. The Strategy equitably distributes the electric power generated by the Federal Columbia River Power System (FCRPS) within the framework of existing law. The Power Subscription Strategy addresses the availability of power; describes power products; lays out strategies for pricing, including risk management; and discusses contract elements. In proceeding with this Subscription Strategy, BPA is guided by and committed to the Fish and Wildlife funding Principles for the BPA announced by the Vice President of the US in September 1998. This Record of Decision (ROD) addresses the issues raised by commenters who responded to BPA`s Power Subscription Strategy Proposal during and after the comment period that began with the release of the Proposal on September 18, 1998. The ROD is organized in approximately the same way as the Proposal and the Power Subscription Strategy that BPA developed based on the comments received. Abbreviations of party names used in citations appear in the section just preceding this introduction; a list of all the commenters follows the text of the ROD.

  20. 46 CFR 502.223 - Decisions-Administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Decisions-Administrative law judges. 502.223 Section 502... PROCEDURE Briefs; Requests for Findings; Decisions; Exceptions § 502.223 Decisions—Administrative law judges. To the administrative law judges is delegated the authority to make and serve initial or...

  1. 13 CFR 134.404 - Decision by Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Decision by Administrative Law Judge. 134.404 Section 134.404 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF... 8(a) Program § 134.404 Decision by Administrative Law Judge. Appeal proceedings brought under...

  2. The Control of the Legality of Administrative Activity through the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Goga Gina Livioara

    2010-06-01

    Full Text Available According to the law of the European Union, in case one of the institutions of the Union or an organ, office or agency belonging to the Union refrains from making a decision, the member states and theother institutions of the Union are entitled to make a notification to the Court of Justice of the European Union. The Court has the competence to verify the legality of the legislative acts of the institutions, offices, organs or agencies of the Union that are meant to produce judicial effects towards third parties and iscompetent to pronounce itself, by preliminary decision regarding the interpretation of the treaties, namely the validity and interpretation of acts adopted by the institutions, offices, organs or agencies of the Union. Also, according to the primary treaties, any legal issues related to the non- fulfillment of the treaty’s provisions, non compliance with the community legislation, not executing the decisions of the Court of Justice or non compliance with the terms of an agreement between the EU and a third state, as well as the legal aspects related to the application of penalties based on the regulations of the EU, contractual and extra contractualliability are subordinated to the control of the Unions’ judicial instance.

  3. 42 CFR 498.74 - Administrative Law Judge's decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Administrative Law Judge's decision. 498.74 Section 498.74 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES... IN THE MEDICAID PROGRAM Hearings § 498.74 Administrative Law Judge's decision. (a) Timing, basis...

  4. 42 CFR 423.1068 - Administrative Law Judge's decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Administrative Law Judge's decision. 423.1068 Section 423.1068 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... Civil Money Penalties § 423.1068 Administrative Law Judge's decision. (a) Timing, basis and content....

  5. 42 CFR 422.1068 - Administrative Law Judge's decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Administrative Law Judge's decision. 422.1068 Section 422.1068 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... Penalties § 422.1068 Administrative Law Judge's decision. (a) Timing, basis and content. As soon...

  6. An Ethical Decision-Making Framework for Community College Administrators

    Science.gov (United States)

    Oliver, Diane E.; Hioco, Barbara

    2012-01-01

    The purpose of this article is to describe a decision-making framework developed for use by community college administrators and higher education faculty members who teach graduate courses in community college administration or leadership. The rationale for developing a decision-making approach that integrates ethics and critical thinking was…

  7. Two Important Supreme Court Decisions Extending Gay Rights and Their Significance

    DEFF Research Database (Denmark)

    Ashbee, Edward

    2013-01-01

    The US Supreme Court has often and rightly been described as the most powerful court in the world. This is because its rulings have such breadth that they can reshape US society and politics. The cout's June 2013 rulings provided further reminders of this. Two related rulings extended gay rights....

  8. Researching Justification Texts of a First Instance Court from Assignment to Results and Reporting

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

    Court decisions are reasoned to legitimize them. Lay people seem to understand little of the work of the courts. One of the questions for court administrators and judges is: for whom do judges write their judgments? Is it possible to analyze judicial justification texts with a view to the audiences

  9. 31 CFR 8.68 - 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. As soon as practicable after the conclusion of a hearing and the receipt of any proposed findings and conclusions timely submitted by the parties, the Administrative Law Judge shall...

  10. 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...

  11. 38 CFR 9.7 - Administrative decisions.

    Science.gov (United States)

    2010-07-01

    ... member. (5) The existence of total disability or insurability at standard premium rates under 38 U.S.C... essential to a decision in the matter. Based on the evidence obtained, a formal determination will be made... termination of coverage, representing premiums for insurance or additional insurance, may, by virtue...

  12. Administrative Judicial Decisions as a Hybrid Argumentative Activity Type

    OpenAIRE

    Plug, H.J.

    2016-01-01

    This article focuses on strategic manoeuvring that takes place in Dutch administrative judi- cial decisions. These decisions may be seen as a distinct argumentative activity type. Starting from the char- acteristics that traditionally are per- tinent to this activity type, I will explore how implications of current discussions on the changing task of the administrative judge may be- come manifest in the judge’s strate- gic manoeuvring by means of the presentation of argumentation and the intr...

  13. Administrative Judicial Decisions as a Hybrid Argumentative Activity Type

    NARCIS (Netherlands)

    Plug, H.J.

    2016-01-01

    This article focuses on strategic manoeuvring that takes place in Dutch administrative judi- cial decisions. These decisions may be seen as a distinct argumentative activity type. Starting from the char- acteristics that traditionally are per- tinent to this activity type, I will explore how implica

  14. School Administrators and Ethical Decision-Making in Rural Communities.

    Science.gov (United States)

    Kallio, Brenda R.

    2003-01-01

    With the advent of globalization and the growing concept that schools are marketplaces of ideas, educational administrators need guidance in ethical decision making. Moral dilemma is defined, ethical models are presented, and a process is described in which facts, resolution options, and values are reflected upon and decisions made based on…

  15. Understanding the failure of health-care exceptionalism in the Supreme Court's Obamacare decision.

    Science.gov (United States)

    Moncrieff, Abigail R

    2012-09-01

    On June 28, 2012, a mere century after the first presidential proposal for national health insurance, the Supreme Court issued a resounding victory for President Obama and for health-care reform generally, upholding the Patient Protection and Affordable Care Act against a serious constitutional challenge. Nevertheless, the Court also struck a potential blow to future health-care reform efforts in refusing to accept the solicitor general's argument that health care is a unique market with unique regulatory needs that justify special constitutional treatment. The failure of health-care exceptionalism in the Court's opinion might render future reform efforts more difficult than they would have been if the solicitor general's argument had carried the day. This commentary seeks to shed light on the Court's hesitation to recognize the uniqueness of health insurance and health care, noting that market-based exceptionalism in constitutional law has a long, dark history that the Court was understandably loath to repeat. Although the result of Chief Justice John Roberts' one-size-fits-all approach to constitutional analysis in this case is an odd holding that elides some genuine uniqueness of American health care, the alternative of health-care exceptionalism might have been much worse for our overall constitutional system.

  16. The Influence of Cognitive Biases on Court Decisions. Contributions of Legal Psychology to the Adversary Criminal Proceedings

    Directory of Open Access Journals (Sweden)

    Paola Iliana De la Rosa Rodríguez

    2016-06-01

    Full Text Available The purpose of this paper is to disperse among the judiciary and society the psychological procedures involved in the decision-making process of judges since they are not only influenced by law but by previous ideas and values. It is worth questioning: in what extent their personal views and beliefs are the bases of verdicts? How can aversions and public opinion have an impact in the court decision? This paper analyzes and states the differences of the judicial role in the Mexican adversarial system and the inquisitorial models of justice. It also critiques the categories of the judicial officers and presents the circumstances that make an impact on judicial decisions, according to Psychology studies. It finally classifies cognitive biases and concludes that the more knowledge judges have about it, the more imparcial judgments will be.

  17. Post-affirmative action Supreme Court decision: new challenges for academic institutions.

    Science.gov (United States)

    Tedesco, Lisa A

    2005-11-01

    This article describes several aspects of the University of Michigan Supreme Court cases regarding diversity in higher education. It provides a number of resources that are useful in shaping the rationale and institutional practices and policies for admissions and the recruitment and retention of diverse classes of students for the health professions.

  18. A Comprehensive Evaluation of the Supreme Court's "Forest Grove" Decision?

    Science.gov (United States)

    Zirkel, Perry A.

    2013-01-01

    The article by Dixon, Eusebio, Turton, Wright, and Hale is entitled "Forest Grove School District v. T.A. Supreme Court Case: Implications for School Psychology Practice." Its implications are that a "comprehensive evaluation" under the Individuals with Disabilities Education Act (IDEA) requires assessment of the child's…

  19. Science In The Courtroom: The Impact Of Recent US Supreme Court Decisions

    Science.gov (United States)

    Poulter, Susan

    2000-03-01

    Most physicists' work is far removed from the courtroom, but the principles of physics are important to a number of legal controversies. Several recent lawsuits have claimed that cellular phones cause brain cancer. And litigation over claims that electromagnetic fields cause other cancers has even more important implications for society. The problem of how to distinguish good science from bad in the courtroom has vexed lawyers and scientists alike for many years, and finally drew the attention of the United States Supreme Court in 1993. The Court has now issued three opinions on the standards for screening expert testimony, which require trial judges to evaluate scientific expert witnesses to determine if their testimony is reliable. How well are the new standards working? Is the judicial system doing any better at screening out junk science? This session will discuss how the Supreme Court's opinions are being applied and suggest several strategies, including the use of court appointed experts, that are being implemented to improve the process further.

  20. Consolidating Supranational Authority: the Caribbean Court of Justice Decisions in the Tomlinson cases

    DEFF Research Database (Denmark)

    Caserta, Salvatore; Madsen, Mikael Rask

    2016-01-01

    and Trinidad and Tobago, both of which contain express provisions banning the entry of homosexuals into those two countries. The CCJ rejected the two cases by claiming that the two Immigration Acts had in fact not been applied by Belize and Trinidad and Tobago. At the same time, the Court ruled that CARICOM...... law requires member states to admit homosexuals from other CARICOM states, and that Belize and Trinidad and Tobago may therefore not indefinitely retain legislation that appears to conflict with their obligations under Community law. In these two cases, the CCJ also touched upon important legal issues...

  1. Lumbar disc herniation and cauda equina syndrome following spinal manipulative therapy: a review of six court decisions in Canada.

    Science.gov (United States)

    Boucher, Pierre; Robidoux, Sébastien

    2014-02-01

    The purpose of this review is to expand practitioners' knowledge on areas of liability when treating low back pain patients. Six cases where chiropractors in Canada were sued for allegedly causing or aggravating lumbar disc herniation after spinal manipulative therapy were retrieved using the CANLII search database. The case series involves 4 men and 2 women with an average age of 37.3 years (range, 31-48 years). Trial courts' decisions were rendered between 2000 and 2011. This study highlights the following conclusions from Canadian courts: 1) informed consent is an ongoing process that cannot be entirely delegated to office personnel; 2) when the patient's history reveals risk factors for lumbar disc herniation the chiropractor has the duty to rule out disc pathology as an etiology for the symptoms presented by the patients before beginning anything but conservative palliative treatment; 3) lumbar disc herniation may be triggered by spinal manipulative therapy on vertebral segments distant from the involved herniated disc such as the thoracic spine.

  2. Predictors of custody and visitation decisions by a family court clinic.

    Science.gov (United States)

    Raub, Jonathan M; Carson, Nicholas J; Cook, Benjamin L; Wyshak, Grace; Hauser, Barbara B

    2013-01-01

    Children's psychological adjustment following parental separation or divorce is a function of the characteristics of the custodial parent, as well as the degree of postdivorce parental cooperation. Over time, custody has shifted from fathers to mothers and currently to joint arrangements. In this retrospective chart review of family court clinic records we examined predictors of custody and visitation. Our work improves on previous studies by assessing a greater number of predictor variables. The results suggest that parental emotional instability, antisocial behavior, and low income all decrease chances of gaining custody. The findings also show that income predicts whether a father is recommended for visitation rights and access to his child or children. Furthermore, joint custody is not being awarded as a function of parental postdivorce cooperation. At issue is whether parental emotional stability, antisocial behavior, and income are appropriate markers for parenting capacity and whether visitation rights and joint custody are being decided in a way that serves the child's best interests.

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

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

    2016-01-01

    of its institutional design, the UPC will be biased towards technology based values. Therefore, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making which is likely to jeopardize public trust and legitimacy of its decisions. This paper...... analyses how these blind spots can be covered in patent litigation before the UPC within the current legislative framework. The paper focuses on the role of UPC judges as case-managers and decision-makers, on the potential role of third party interveners, and addresses the key role of the parties...

  4. The Federal Administrative Court confirms unlawfulness of nuclear power moratorium. Political primacy is only valid in the bounds of justice; Bundesverwaltungsgericht bestaetigt Rechtswidrigkeit des Kernkraftmoratoriums. Primat der Politik gilt nur in den Schranken des Rechts

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Gleiss-Lutz Rechtsanwaelte, Duesseldorf (Germany)

    2014-03-15

    With its decision on December 20{sup th}, the Federal Administrative Court (BVwerfG) came to the legally valid conclusion that after the Fukushima nuclear power plant accident, the supervision court order related to the law on nuclear installation by the Hessian Ministry for the Environment, in order to stop operating nuclear power plants Biblis A and B for 3 months or rather not to put in operation again, was unlawful (BVwerfG 7 B 18.13 und 7 B 19.13). Beforehand, the Hessian Administrative Court (Hess. VGH) had already pronounced its judgement on February 27{sup th} 2013. The supervising orders were part of the so-called nuclear power moratorium. They were issued after the resolution of the federal government, at demand of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) towards their nearby countries, and were identically executed by the supervisory authority of the other site-countries. Besides Biblis in Hesse, nuclear power plants in Neckarwestheim I and Philippsburg 1, Baden-Wurttemberg, Isar 1 in Bavaria, Unterweser in Lower Saxony, as well as Brunsbuettel in Schleswig-Holstein, were affected. However only RWE took legal action and was now affirmed - after the Hessian VGH verdict- by the highest German administrative court: The nuclear power moratorium - the first step to withdrawal of nuclear power in Germany - was unlawful. The decision taken by the BVerwG - as well as the one by the Hessian VGH - indicates a juridical clear and precise argumentation. The partially polemic and unobjective critic, which the VHG-verdict experienced, did not disguise, just as little as the political conflict concerning the withdrawal from nuclear energy, the view of federal judges, regarding the decision-relevant questions nor did they influence their reply. The political primacy finds its limits in the bounds of justice. Existing rights do not become thus a paper waste because there is a fundamental decision. This takes effectiveness for

  5. Superior Administrative Court Baden-Wuerttemberg, judgement of April 17, 1985 (prospecting area Murgtal)

    Energy Technology Data Exchange (ETDEWEB)

    1985-09-01

    In case a property owner refuses licensed prospecting, the assignment decision of the Source Protection Ordinance has to be taken into account. This does not apply for prospecting and mining of uranium and thorium. This is not contrary to Sec. 12 Para. 2 Federal Mining Act.

  6. 75 FR 59689 - Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court Decision Not in Harmony...

    Science.gov (United States)

    2010-09-28

    ... Administrative Review, 73 FR 40295 (July 14, 2008) (Final Results), and accompanying Issues and Decision...-Grade Iron Ore for Less Than Adequate Remuneration'' section and Comment 4. In Essar, the CIT determined... for iron ore lumps and fines used in the price comparison to measure the adequacy of remuneration...

  7. The first key decision of the Higher Regional Court Duesseldorf on investment budgets. Unlawfulness of the amount for the avoidance of double incentives; Erste Leitentscheidung des OLG Duesseldorf zu Investitionsbudgets. Rechtswidrigkeit des Betrags zur Vermeidung von Doppelanerkennungen

    Energy Technology Data Exchange (ETDEWEB)

    Ruge, Reinhard

    2011-04-15

    With the decision of the Higher Regional Court Duesseldorf (Federal Republic of Germany) from 12th August, 2010, the first judicial decision was issued to permit investment budgets according to paragraph 23 ARegV. The third Cartel Division of the Higher Regional Court mainly had to deal with the practice of the Federal Network Agency to avoid double incentives. The Higher Regional Court Duesseldorf suspended this cost reduction to be unlawful and obliged the Federal Network Agency for a new contentment taking into account the legal opinion of the Higher Regional Court. Since the contribution to avoid double incentives represents a core aspect of the practice of the Federal Network Agency for the approval of investment budgets, the decision of the Higher Regional Court is a key decision of incentive regulation.

  8. 47 CFR 54.719 - Parties permitted to seek review of Administrator decisions.

    Science.gov (United States)

    2010-10-01

    ...) COMMON CARRIER SERVICES (CONTINUED) UNIVERSAL SERVICE Review of Decisions Issued by the Administrator... Administrator pertaining to a billing, collection or disbursement matter that falls outside the jurisdiction...

  9. 78 FR 72628 - Polyethylene Retail Carrier Bags From Thailand: Notice of Court Decision Not in Harmony With...

    Science.gov (United States)

    2013-12-03

    ... Thai Plastic Bags Industries Company (TPBI) and Landblue (Thailand) Co., Ltd. (Landblue). \\1\\ See Results of Redetermination Pursuant to Court Remand Thai Plastic Bags Industries Co., Ltd., v. United.... Court No. 11-00408, dated July 10, 2013 (Remand Results). \\2\\ See Thai Plastic Bags Industries Co.,...

  10. A COURT DIVIDED: HARLAN FISKE STONE, JUDICIAL REVIEW, AND ADMINISTRATIVE REGULATION OF THE ECONOMY, 1941-1946

    Directory of Open Access Journals (Sweden)

    Harvey Graham Hudspeth

    2000-01-01

    Full Text Available This essay examines the Supreme Court of Harlan Fiske Stone and its record in the area of government regulation of the economy. As most scholars know, the pre-1937 Court was often dominated by an infamous “Four Horseman” team of economic conservatives who rejected any and all efforts at government regulation. Ironically, by 1943, the Court was often dominated by an equally infamous team of economic radicals who favored government regulation at seemingly all costs — Even at the expense of judicial review.

  11. 29 CFR 801.67 - Decision and Order of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Decision and Order of Administrative Law Judge. 801.67... Procedures Before Administrative Law Judge § 801.67 Decision and Order of Administrative Law Judge. (a) The Administrative Law Judge shall prepare, as promptly as practicable after the expiration of the time set...

  12. 5 CFR 2430.13 - Exceptions to Administrative Law Judge's decision; briefs; action of Authority.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Exceptions to Administrative Law Judge's decision; briefs; action of Authority. 2430.13 Section 2430.13 Administrative Personnel FEDERAL LABOR... administrative law judge's decision rendered pursuant to § 2430.12, and action by the Authority, shall be...

  13. 77 FR 77017 - Certain Orange Juice From Brazil: Notice of Court Decision Not in Harmony With Final Results of...

    Science.gov (United States)

    2012-12-31

    ... remand order in Fischer S.A. Comercio, Industria and Agricultura v. United States, Court No. 10-00281... value (NV); and 2) included the amount of a net exchange variation shown on Fischer S.A....

  14. 29 CFR 2570.68 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.68 Section 2570.68 Labor Regulations Relating to Labor (Continued) EMPLOYEE BENEFITS SECURITY ADMINISTRATION... Civil Penalties Under ERISA Section 502(c)(2) § 2570.68 Decision of the administrative law judge....

  15. 20 CFR 410.660 - Right to request review of Administrative Law Judge's decision or dismissal.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Right to request review of Administrative Law...- ) Determinations of Disability, Other Determinations, Administrative Review, Finality of Decisions, and Representation of Parties § 410.660 Right to request review of Administrative Law Judge's decision or...

  16. Court-ordered caesareans.

    Science.gov (United States)

    Prochaska, Elizabeth; Lomri, Sara

    2014-11-01

    Court-ordered caesarean sections are in the news after a number of recent legal decisions authorising surgery for women who lack mental capacity to consent. The decisions have not always been based on good evidence and they raise serious concerns about the protection of the rights of mentally ill women. The authors explain the legal process and question the wisdom of recent judgements.

  17. The Commitment decision according to paragraph 29 EnWG - a standardizing regulation under the supervision of the courts; Die Festlegungsentscheidung nach paragraph 29 EnWG - normierende Regulierung unter den Augen der Gerichte

    Energy Technology Data Exchange (ETDEWEB)

    Attendorn, Thorsten [Bezirksregierung Arnsberg (Germany)

    2009-03-15

    With the commitment decision according to paragraph 29 Energy Economy Act, the regulation authority has an effective instrument, which enables a one-sided determination of the entrance conditions and entrance methods as well as tariffs. This is an application of the standardizing regulation. The desired result is not caused ex post, but ex-ante. This is due to a uniform decision instead of a multiplicity of abuse decisions. The first commitment decisions passed the court instances. In the meantime, there are several decisions of the higher regional court and the Federal High Court. That gives cause to a stock-taking. The author of the contribution under consideration reports on this stock-tacking.

  18. Some considerations of authority of the courts

    Directory of Open Access Journals (Sweden)

    Žaklina Harašić

    2015-06-01

    We are showing that some solutions of Croatian lawmaker means exception from the principle of European-continental law in which decisions of higher courts binds lower courts because of their quality, so there are some types of binding decisions of higher courts which have “de facto” effect of precedents.

  19. Is South Africa using trade remedies as a protectionist measure? Reflections on a court case: International Trade Administration Commission v. SCAW South Africa (2010 ZACC 6 (9 March 2010

    Directory of Open Access Journals (Sweden)

    Luz Helena Beltrán Gómez

    2011-08-01

    Full Text Available The recent decision of the South African Constitutional Court raises great concern on whether the leading economy of the continent and the role model country in Legal developments is taking a healthy route in deciding their international trade policy. As many other countries, South Africa might be experiencing problems with having two parallel regulations with moderately similar aims, but both with a different scope of reach. On the one hand, South Africa is an enthusiastic producer and enforcer of competition laws and policies that apply only locally, and gladly agrees to the international commitments of free trade. On the other hand, inside institutions are using the WTO agreements (more specifically the anti-dumping agreement to prevent competition from international economic rivals by hindering their access to the South African market. The importance of establishing whether South Africa uses trade remedies anti-competitively is also pertinent to the global debate. The way the biggest economy in Africa deals with the situation is useful in trying to find a response to the problem of anti-competitive trade remedies that suits the interests of Africa and that is globally feasible. This paper will explore these issues from the perspective of the constitutional court rulings in International Trade Administration Commission v SCAW South Africa, and it will try to find a way to reconcile competition and anti-dumping in this particular case with the final aim to use it as a possible tool in the construction of a harmonized system of international trade.

  20. Features Of The Legal Practices Application In The Decisions Of The Township Courts In Russia In The Nineteenth Century

    Directory of Open Access Journals (Sweden)

    Nadezhda V. Dashkovskaya

    2014-12-01

    Full Text Available In the present article the concept of legal custom as a source of law is researched. The role of legal customs in Russian Empire is shown. It is proved that during the Russian Empire period legal custom played an important role in the legal system, being one of the building blocks. Peculiarities of township courts activity are researched. Significance of legal customs for proceedings in the township courts is shown. For the importance of township courts in the Russian Empire played the fact that in their work they used existing among peasants customs and it was sanctioned by the authorities. Author stresses out that by recognizing custom, state thus authorizes current pattern of behavior in the society, a way of resolve conflicts that to the greatest extent are consistent with the understanding of justice by the society. To the legal custom, following features: custom is formed as a result of certain action frequent repetition; the source of the legal custom formation is a social consciousness; customs largely reflect the level of the society development at the particular stage; customs has quite a local character; customs reflect collective understanding on the fair nature of law. In the article two features which the judicial system of the Russian Empire had in the post-reform period: presence of class township courts as a class judiciary and application of legal customs to the township courts are noted. Combination of these two features allowed government to preserve patriarchal relations in the countryside. Such conservation, to some extent, was contrary to the liberal orientation of the "great reforms" of Alexander II, hindered development of the capitalist relations in the country, delaying implementation of the judicial reform principles.

  1. Egyptian court overturns ban on genital mutilation.

    Science.gov (United States)

    1997-07-04

    The ban on female genital mutilation (FGM) performed by health professionals in Egypt was overturned by a June 24 [1997] ruling of Judge Abdul Aziz Hamade of a mid-level administrative court in Cairo. The judge determined that the ministerial decree, which had been implemented last July by Health Minister Ismail Sallam, inappropriately restricted the practice of doctors. According to news reports, the court cited research purporting to show that failure to perform FGM harmed children, as well as quotes from Mohammed, which FGM advocates said endorsed the procedure under Islamic law. Although the court overturned the ministerial decree, it did acknowledge that Parliament could outlaw the practice; however, human rights groups believe the practice is too popular for Parliament to do so. The suit against the ban had been filed by Sheik Youssef al-Badry, a conservative Islamic cleric, and Munir Fawzi, a Cairo gynecologist. In May, Egypt's highest court had recommended to the mid-level court that FGM should be legal. The decision does not effect a ban on the performance of surgery by those without a medical license, including barbers and midwives. It is estimated that 80% of girls in Egypt undergo FGM. Egypt's highest Sunni Moslem authority contests the endorsement of FGM under Islamic law.

  2. 31 CFR 501.742 - Secretary's designee's consideration of decisions by Administrative Law Judges.

    Science.gov (United States)

    2010-07-01

    ....742 Secretary's designee's consideration of decisions by Administrative Law Judges. (a) Scope of... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Secretary's designee's consideration of decisions by Administrative Law Judges. 501.742 Section 501.742 Money and Finance:...

  3. Relevance of a Managerial Decision-Model to Educational Administration.

    Science.gov (United States)

    Lundin, Edward.; Welty, Gordon

    The rational model of classical economic theory assumes that the decision maker has complete information on alternatives and consequences, and that he chooses the alternative that maximizes expected utility. This model does not allow for constraints placed on the decision maker resulting from lack of information, organizational pressures,…

  4. 20 CFR 416.1485 - 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. 416.1485... Determinations and Decisions Court Remand Cases § 416.1485 Application of circuit court law. The procedures which... circuit court decision that we determine contains a holding that conflicts with our interpretation of...

  5. The Supreme Court's surprising decision on the Medicaid expansion: how will the federal government and states proceed?

    Science.gov (United States)

    Rosenbaum, Sara; Westmoreland, Timothy M

    2012-08-01

    In National Federation of Independent Business v. Sebelius, the US Supreme Court upheld the constitutionality of the requirement that all Americans have affordable health insurance coverage. But in an unprecedented move, seven justices first declared the mandatory Medicaid eligibility expansion unconstitutional. Then five justices, led by Chief Justice John Roberts, prevented the outright elimination of the expansion by fashioning a remedy that simply limited the federal government's enforcement powers over its provisions and allowed states not to proceed with expanding Medicaid without losing all of their federal Medicaid funding. The Court's approach raises two fundamental issues: First, does the Court's holding also affect the existing Medicaid program or numerous other Affordable Care Act Medicaid amendments establishing minimum Medicaid program requirements? And second, does the health and human services secretary have the flexibility to modify the pace or scope of the expansion as a negotiating strategy with the states? The answers to these questions are key because of the foundational role played by Medicaid in health reform.

  6. The Administrative Portfolio: A Practical Guide to Improved Administrative Performance and Personnel Decisions.

    Science.gov (United States)

    Seldin, Peter; Higgerson, Mary Lou

    This book offers administrators a reliable guide to creating a document that evidences performance. The book tells what the administrative portfolio is and how it can be created and used. Part 1 contains 12 chapters on creating and using the administrative portfolio: (1) "Changing Roles and Expectations of Academic Administrators"; (2) "The…

  7. The Influence of School Administrators on Teacher Retention Decisions

    Science.gov (United States)

    Boyd, Donald; Grossman, Pam; Ing, Marsha; Lankford, Hamilton; Loeb, Susanna; Wyckoff, James

    2011-01-01

    This article explores the relationship between school contextual factors and teacher retention decisions in New York City. The methodological approach separates the effects of teacher characteristics from school characteristics by modeling the relationship between the assessments of school contextual factors by one set of teachers and the turnover…

  8. 20 CFR 410.672 - Reopening initial, revised or reconsidered determinations of the Administration and decisions of...

    Science.gov (United States)

    2010-04-01

    ... determinations of the Administration and decisions of an Administrative Law Judge or the Appeals Council... Administration and decisions of an Administrative Law Judge or the Appeals Council; finality of determinations... ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV-BLACK LUNG BENEFITS...

  9. Commentary (Analysis of Decisions on Interim Release at the Extraordinary Chambers in the Courts of Cambodia (ECCC))

    DEFF Research Database (Denmark)

    Appazov, Artur

    2015-01-01

    As of today, the decision-making organs of the ECCC have issued a number of decisions on applications of suspects and accused persons for provisional release. One only one such application has been successful so far. This situation is regarded as acceptable in other international criminal jurisdi...

  10. [Decision of German Supreme Court on July 30, 1999 relating to scientific evidence requirements for psychological expert opinion with respect to credibility of testimony and its consequences for future expert consultation].

    Science.gov (United States)

    Balloff, R

    2000-04-01

    Basically nothing has been changed by this significant, clarifying, establishing and, most important, determining decision of the Highest Federal Court concerning the specific methods long since applied by experts in the field of deciding whether or not a testimony is believeable. None the less such a decision through the higher courts was obviously long overdue because numerous opinions of experts utilized in court cases were reached by applying methods not free of fault. The psychological evaluation of the content of truth in a testimony in cases of sexual abuse will therefore still be established with help of a methodical procedure of steps made under the assumption that statements pertaining to personal experiences differ in quality from those resulting from imagination in their characteristics of reality.

  11. Decision support to the public space administrator for managing urban building sites nuisances

    OpenAIRE

    Hankach, Pierre; SADOUN, Isma; AMANZOUGARENE, Fatiha; CHACHOUA, Mohamed; Zeitouni, Karine; MARTIN, Jean Marc

    2011-01-01

    Effective planning of urban building sites is essential because they are often a source of various kinds of nuisances. In this paper, we present a decision support system for the public space administrator in order to manage building sites nuisances efficiently. The decision support offered through the system is a hybrid approach of two categories. In the first, the decision maker is assisted by supplying relevant information so he can choose the appropriate actions. The second involves activ...

  12. Court Remands as a Percentage of New Court Cases Filed

    Data.gov (United States)

    Social Security Administration — Longitudinal report detailing the numbers and percentages of court remand actions received during each Fiscal Year 2010 - onward as compared to the total number of...

  13. European Council’s member states’ jurisdiction regarding the execution of court decisions and it’s issues

    Directory of Open Access Journals (Sweden)

    Alkelina Gazidede

    2016-01-01

    This paper aimes to analyze the legal system of member states regarding the reinforcment of decisions looking forword to identify issues, commonalities and diferences among states. What is the procedure followed in the process of execution? What do we understand with “Reasonable timeframe” and which are the legal requirements in which are based “Concrete deadlines” within a judicial decision should be executed? What is the significance of the enforcment agents in this process?

  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. 38 CFR 20.401 - Rule 401. Effect of decision on administrative or merged appeal on claimant's appellate rights.

    Science.gov (United States)

    2010-07-01

    ... decision on administrative or merged appeal on claimant's appellate rights. 20.401 Section 20.401 Pensions... OF PRACTICE Administrative Appeals § 20.401 Rule 401. Effect of decision on administrative or merged appeal on claimant's appellate rights. (a) Merged appeal. If the administrative appeal is merged,...

  16. 76 FR 27304 - Certain Steel Threaded Rod From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2011-05-11

    ... source of data for calculating the surrogate financial ratios. See Jiaxing Brother Fastener Co., Ltd. v... surrogate financial ratios, pursuant to section 773(c) of the Tariff Act of 1930, as amended (the ``Act... calculating surrogate financial ratios. On November 16, 2010, the CIT issued its decision sustaining...

  17. 77 FR 48964 - Certain Pasta From Italy: Notice of Court Decision Not in Harmony With Final Results of...

    Science.gov (United States)

    2012-08-15

    ... Certain Pasta from Italy, 72 FR 7011 (February 14, 2007) (Final Results), and accompanying Issues and... Italy and Determination to Revoke in Part, 70 FR 71464 (November 29, 2005) (Eighth Administrative Review... in Coils From Japan, 77 FR 36257, 36258 (June 18, 2012) (Section 129 Determination). In the event...

  18. 75 FR 3896 - Certain Preserved Mushrooms from the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2010-01-25

    ... International Trade Administration Certain Preserved Mushrooms from the People's Republic of China: Notice of... the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC... Mushrooms from the People's Republic of China: Final Results of Sixth Antidumping Duty New Shipper...

  19. 29 CFR 500.269 - Stay pending decision of the Secretary.

    Science.gov (United States)

    2010-07-01

    ... REGULATIONS MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION Administrative Proceedings Modification Or Vacation of Order of Administrative Law Judge § 500.269 Stay pending decision of the Secretary. (a) The... Administrative Law Judge's Decision and Order in a United States District Court and the Secretary issues a...

  20. Decision Making During National Security Crisis: The Case of the JFK Administration

    OpenAIRE

    Beckner, Lauren Renee

    2012-01-01

    Decision-making during crises is an important task that many elected officials face during their time in office. This thesis seeks to identify principles that make up a sound policy decision-making process and may lead to more positive outcomes. The analysis here is a comparative case study of three national security crises that faced the John F. Kennedy administration: the Bay of Pigs, the Cuban Missile Crisis, and the Vietnam conflict. Each case is examined for the presence of indicators...

  1. ASBO at 100: A Supreme Court Retrospective on Religion, Student Rights, and Employee Rights

    Science.gov (United States)

    Russo, Charles J.

    2009-01-01

    In the opening sentence of his May 1949 article in this journal, Ward W. Keesecker was on the mark in writing, "What the Supreme Court of the United States has said pertaining to State school administration and how their decisions affect the rights and privileges of individuals are matters of wide interest and concern to school business officials…

  2. Escrevendo um romance, primeiro capítulo: precedentes e processo decisório no STF Writing a novel, chapter one: precedents and decision process in the Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Adriana de Moraes Vojvodic

    2009-06-01

    Full Text Available O artigo, por meio do estudo de casos exemplificativos, procura mostrar que um dos motivos para a falta de uma cultura de respeito aos precedentes judiciais no Supremo Tribunal Federal (STF, ou para a falta de um romance em cadeia (Dworkin, é a dificuldade de formação de uma ratio decidendi comum entre os ministros nos julgamentos da corte, em virtude, por exemplo, do próprio processo decisório do Tribunal. A falta de padrões de decisão implica que cada caso seja decidido sem referência a casos previamente relacionados. Esse contexto pode colaborar para a falta de transparência decisória e para o que pode ser considerado um deficit democrático do STF.Through the analyses of landmark cases, this article argues that one reason for the tendency by the Brazilian Supreme Court (STF to disregard judicial precedents is the difficulty to create a common ratio decidendi in Court decisions and prevent the emergence od Dworkin's chain of law. This is due, in part, to the court's own decision process. The lack of a decision pattern entails that each case is decided without refecenre to previous cases. This context might foster an atmosphere in which decisions are not transparent, something which risks creating a democratic deficit on the STF.

  3. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

    In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religi

  4. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    Science.gov (United States)

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  5. 20 CFR 901.49 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Decision of the Administrative Law Judge. 901.49 Section 901.49 Employees' Benefits JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES REGULATIONS GOVERNING THE PERFORMANCE OF ACTUARIAL SERVICES UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF...

  6. Ethical Decision-Making in Academic Administration: A Qualitative Study of College Deans' Ethical Frameworks

    Science.gov (United States)

    Catacutan, Maria Rosario G.; de Guzman, Allan B.

    2015-01-01

    Ethical decision-making in school administration has received considerable attention in educational leadership literature. However, most research has focused on principals working in secondary school settings while studies that explore ethical reasoning processes of academic deans have been significantly few. This qualitative study aims to…

  7. Courts, Experts and Interest Groups: Mobilization and Location of Expert Knowledge in the Sentence C 355/2006

    Directory of Open Access Journals (Sweden)

    Oscar Javier Maldonado Castañeda

    2014-01-01

    Full Text Available This paper analyzes the interactions between courts, experts and interest groups present in the sentence C 355/2006, through which abortion is partially decriminalized in Colombia. A detailed review of this paper allows to track the role that interest groups and social movements have in the mobilization of expert discourses in the high courts as a strategy to influence their decisions. The use of disciplines and fields of knowledge is articulated to the general structure of the sentence as literary technology that makes visible the role of the court as administrator of justice.

  8. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

    The U.S. Supreme Court declined without comment to take up two major appeals involving student free-speech rights on the Internet. One appeal encompassed two cases decided in favor of students last June by the full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia. The other appeal stemmed from a decision by the U.S. Court of Appeals for…

  9. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU...... on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case...... from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial...

  10. Legal certainty in taxation at authorities and courts of law: a nordic view of specialization and unbiasedness

    Directory of Open Access Journals (Sweden)

    Tjernberg Mats

    2016-05-01

    Full Text Available Legal certainty is central to taxation decisions. This article describes the current legal situation and discussions in four Nordic countries. Sweden and Finland are specialized in dealing with taxation cases in administrative courts. In Denmark and Norway, no specialization exists in taxation cases. I maintain in this article that legal certainty would benefit from explicit signals from the state about the requirement of special knowledge and unbiasedness in authority and court decisions. These signals could well take the form of specialization in the courts. The need for specialized expertise is particularly extensive in tax law. It is also crucial for the agencies’ officials and judges to be aware that a subjective sense of unbiasedness in decision making does not necessarily mean that the unbiasedness aimed for has been attained. Self-awareness of this kind would ensure that argumentation and grounds for decisions would be made credible and transparent, to the benefit of legal certainty.

  11. 77 FR 55829 - Western Area Power Administration; Grapevine Canyon Wind Project Record of Decision (DOE/EIS-0427)

    Science.gov (United States)

    2012-09-11

    ... Area Power Administration; Grapevine Canyon Wind Project Record of Decision (DOE/EIS-0427) AGENCY: Western Area Power Administration, DOE. ACTION: Record of Decision. SUMMARY: Western Area Power... proposed wind park would be built in one or more phases, dependent on one or more power sale contracts....

  12. The Supreme Court as a Small Group.

    Science.gov (United States)

    Brownlee, Don

    The application of small group interaction and decision making assessment methods has demonstrated many of the interpersonal preferences, understandings, and attitudes of the Supreme Court. Six terms of the Supreme Court, from October 1969 through October 1974 were chosen for evaluation. Only those cases in which the formal opinion of the Court…

  13. Supreme Court Biographies as a Classroom Resource

    Science.gov (United States)

    Ryan, John Paul

    2009-01-01

    In this article, the author goes beyond Supreme Court decisions to investigate the upbringing and personalities of three Supreme Court justices who left their mark on history: Oliver Wendell Holmes, Jr., Thurgood Marshall, and Sandra Day O'Connor. His interviews with their biographers, G. Edward White for Oliver Wendell Holmes Jr., Juan Williams…

  14. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

    Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.

  15. COURT INTERPRETING AT DENPASAR COURT

    Directory of Open Access Journals (Sweden)

    Ida Ayu Made Puspani

    2012-11-01

    Full Text Available This is a research on interpreting (oral translation on a criminal case ofdrug user in the court proceedings at Denpasar Court. The study of theinterpreting is concerned with two-ways rendition from Indonesian into Englishand vice-versa. The study is related to: (1 the description of modes of interpretingapplied by the interpreter, (2 the application of translation strategies: shift,addition and deletion of information, (3 factors that underlie the application ofthe strategies, and (4 the impact of the application of those strategies towards thequality of the interpreting.The methodology applied in this study is qualitative based on eclectictheories (translation, syntax, semantics and pragmatics. The utilization of thetheories is in accordance with the type of the data analyzed in regard to thetranslation phenomena as an applied study and its complexity.The interpreting at court applied the consecutive and simultaneous modes.The strategy of shift was applied when there were differences in structure betweenthe source and the target languages. Addition of information was used when theinterpreter emphasized the message of the source language in the target language.The deletion of information applied if the context in the target language has beencovered, and it was not necessary for the interpreter to interpret the same thingbecause the message of the source language was pragmatically implied in thetarget language.The factors which underlie the application of the interpreting strategies incourt interpreting were communication factor and the differences in the languagesystems between the source and the target languages. The impact of the use of thestrategies towards the quality of the interpreting happened when the interpretationof the source language message into the message of the target language and themessage in the source language was not completely render into the targetlanguage.The novelties of the research are: (1 relevance theory and its

  16. The Camera Comes to Court.

    Science.gov (United States)

    Floren, Leola

    After the Lindbergh kidnapping trial in 1935, the American Bar Association sought to eliminate electronic equipment from courtroom proceedings. Eventually, all but two states adopted regulations applying that ban to some extent, and a 1965 Supreme Court decision encouraged the banning of television cameras at trials as well. Currently, some states…

  17. THE ADMINISTRATIVE SYSTEM IN FRANCE

    OpenAIRE

    2012-01-01

    According to the Constitution promulgated on the 6th of October 1958, with the latest amendments made in 1999, France is a presidential republic. The three authority branches are broadly represented in the French administration: the judicial branch – French courts of law are divided into: judicial courts and administrative courts. Judicial courts are under the supreme authority of the Court of Cassation with jurisdiction to cancel judgments passed courts on inferior hierarchy levels and plays...

  18. 20 CFR 404.985 - 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. 404.985... and Decisions Court Remand Cases § 404.985 Application of circuit court law. The procedures which... release an Acquiescence Ruling for publication in the Federal Register for any precedential circuit...

  19. 论行政决策失误的法律调控%The Legal Regulation of Administrative Decision Fault

    Institute of Scientific and Technical Information of China (English)

    刘巍

    2011-01-01

    对行政决策失误进行法律调控应针对行政决策系统进行,即通过对行政决策中枢系统进行明确的角色定位,加强行政决策咨询与信息系统的建设力度,确保行政决策执行系统的独立地位和完善行政决策监督系统机制等四个路径,以实现对行政决策失误的有效调控。%The legal regulation of administrative decision fault should aim at the administrative decision system,it may be settled through building this four aspects: having a definite role orientation on administrative decision centre system,strengthening the construction of administrative decision consultation and information system,guaranteeing the independent status of administrative decision executive system,improving and perfecting the mechanism of administrative decision supervision system.Thus,we can realize the effective regulation on administrative decision fault.

  20. 75 FR 33682 - Export Administration Regulations; Technical Amendments

    Science.gov (United States)

    2010-06-15

    ... Bureau of Industry and Security 15 CFR Part 766 RIN 0694-AE93 Export Administration Regulations... amendment to the Export Administration Regulations (EAR). Specifically, BIS deletes references concerning Federal court jurisdiction for judicial review of final decisions and orders issued in BIS export...

  1. The Swiss Federal Supreme Court: A Constitutional Assessment of Control and Management Mechanisms

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2008-10-01

    Full Text Available Even the highest courts are under pressure to perform effectively and efficiently. In some instances, the pressure comes from supervisory and elected authorities, such as parliaments, which demand information regarding judicial output. In Switzerland a decision has been made by the Parliament to apply “steering instruments”, which were introduced as part of general administrative reforms. These procedures also include mechanisms for “controlling” 2 judicial activity. In this article, we examine reforms relating to the Swiss Federal Supreme Court , and the compatibility of those reforms with separation of powers principles.

  2. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

    Full Text Available At an international level, and in particular in the Anglo-American region, there is a long tradition of scientific study of court management. Thus in Australia there has for quite some time been the Australasian Institution of Judicial Administration (AIJA, which concerns itself with every aspect of court administration. In the USA too, research and education in the field of court management has been institutionalized for a long time, in particular by the National Center for State Courts (NCSC and the related Institute for Court Management (ICM. In Europe, a working group known as the European Commission for the Efficiency of Justice (CEPEJ deals with issues of court management as part of the activities of the Council of Europe. The fact that court management is also increasingly becoming an important topic in the European area was demonstrated by the establishment, in 2008, of a new professional journal that focuses on court management, the International Journal for Court Administration (IJCA. In Switzerland, the issue of court management was discussed for the first time in the course of the New Public Management (NPM projects in the cantons, but was often limited to the question of whether to include the courts in the relevant cantonal NPM model. Generally speaking, court management was a matter that was only sporadically raised, such as at a symposium of the Swiss Society of Administrative Sciences (SSAS in 2003 or more recently in an article in which theses on good court management are formulated. In Switzerland even today there is a general dearth of empirical and other theoretical findings on the mode of operation of the justice system and its interaction with society, or with specific social target groups. For example, it was only in 2009 that the first indications were obtained of how cases in various categories were handled by the highest administrative and social insurance courts in Switzerland. In the fields of criminal and civil

  3. 跨行政区划法院和检察院及其刑事管辖权研究%Research on Court and Procuratorate of Crossing Administrative Region and their Criminal Jurisdiction

    Institute of Scientific and Technical Information of China (English)

    宋振策

    2015-01-01

    跨行政区划法院和检察院的管辖地域不再与《宪法》第30条规定的四级行政区相对应,实现了司法管辖区与行政区划的分离,这是其本质特征.跨行政区划法院和检察院设立的初衷和直接动力是为了革除现行司法体制的弊端之一——司法地方化,其刑事管辖功能定位是保障司法公正、实现指定管辖的集中化与法定化、分流特殊案件与合理配置司法资源以及促进国家法律统一正确实施.研究跨行政区划法院和检察院的受案范围及其制度设计仍存在一定的局限性,有待于进一步完善.%The jurisdiction of court and procuratorate of crossing administrative region is no longer corresponding with any of the four level administrative regions which are established by article 30 of China's constitution. They have realized the separation of jurisdiction and administrative region, which is their essential character. The direct purpose and impetus of setting up court and procuratorate of crossing administrative region are to abolish localization of court and procuratorate which is one of the drawbacks of current judicial system. Their function orientations of criminal jurisdiction are to guarantee justice, to realize centralization and legalization of altering jurisdiction by order, to shunt special cases and allocate judicial resources rationally, and to implement law unified and correctly. The jurisdiction and system design of court and procuratorate of crossing administrative region still have some limitations, remain to be further improved.

  4. Religion-Related Caselaw Knowledge and Practices of Student Personnel Administrators in Higher Education.

    Science.gov (United States)

    Seyfried, Roma-Mary G.; Zirkel, Perry A.

    1992-01-01

    To ascertain the knowledge level and congruent practices among public college and university student-personnel administrators relating to reported court decisions based on the First Amendment religious clauses, questionnaires were sent to a sample of 250 administrators. Responses from 169 (68%) of the administrators are analyzed. (MLF)

  5. An Application of Markov Chains and a Monte-Carlo Simulation to Decision-Making Behavior of an Educational Administrator

    Science.gov (United States)

    Yoda, Koji

    1973-01-01

    Develops models to systematically forecast the tendency of an educational administrator in charge of personnel selection processes to shift from one decision strategy to another under generally stable environmental conditions. Urges further research on these processes by educational planners. (JF)

  6. 47 CFR 54.725 - Universal service disbursements during pendency of a request for review and Administrator decision.

    Science.gov (United States)

    2010-10-01

    ... Administrator decision under § 54.719(a) through (c) in connection with the high cost and low income support... COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES (CONTINUED) UNIVERSAL SERVICE Review of...

  7. Decision Making Patterns in Territorial Public Administration: The Case of Romania

    Directory of Open Access Journals (Sweden)

    Catrinel Cotae

    2015-12-01

    Full Text Available One of the main mechanisms fuelling the process of territorial development both on local and regional levels is cooperation. It is distinguished as one fundamental priority for the European Union in terms of operational aspirations. Local initiative and decision making patterns are contributing processes for the regional and sub-regional level, as they target the ‘integrated’ feature of sustainable territorial development policies. In an attempt to address the role of these mechanisms in relation to their contribution towards delineating a new regional development model, existing theories on planned behaviour, new regionalism and decision-making in public administration are investigated. Following a set of innovative but rather less complex studies portraying the factors influencing the municipalities to associate, we hypothesize that there may be other elements accounting for these intentions expressed by the local authorities. These can be furthermore aggregated within a territorial intention model. The study aims to thoroughly define a set of secondary factors influencing the association intentions in local administrative units while subsequently underlining the potential of this dimension to define an alternative regional development model.

  8. Obamacare's (3) Day(s) in Court.

    Science.gov (United States)

    Moncrieff, Abigail R

    2012-06-01

    Before the oral arguments in late March, the vast majority of legal scholars felt confident that the Supreme Court of the United States would uphold the individual mandate against the constitutional challenge that 26 states have levied against it. Since the oral arguments, that confidence has been severely shaken. This article asks why legal scholars were so confident before the argument and what has made us so concerned since the argument. The article posits that certain fundamental characteristics of health insurance, particularly its unusual role in steering health-care consumption decisions, which distinguishes health insurance from standard kinds of indemnity insurance, should make the constitutional question easy, but the Obama Administration's legal team was understandably hesitant to highlight those unique characteristics in its arguments. Because the Supreme Court justices seemed not to understand the uniqueness of health insurance without the government's help and because the justices seemed unusually willing to adopt a new constitutional constraint in this case, the individual mandate appears to be in far greater jeopardy than we legal scholars anticipated.

  9. 42 CFR 498.80 - Right to request Departmental Appeals Board review of Administrative Law Judge's decision or...

    Science.gov (United States)

    2010-10-01

    ... Appeals Board Review § 498.80 Right to request Departmental Appeals Board review of Administrative Law... 42 Public Health 5 2010-10-01 2010-10-01 false Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal. 498.80 Section 498.80 Public Health CENTERS...

  10. Communication and Decision-Making Behavior of IEC (Information, Education, and Communication) Administrators in the Philippines and Malaysia.

    Science.gov (United States)

    Ellingsworth, Huber W.; Rosario, Florangel Z.

    This report is part of a case study of the organization and administration of family planning in information, education and communication programs in the Philippines and Malaysia. The study focused on the communication behavior and role perceptions of administrators, who must disseminate information and make decisions within their communication…

  11. [The 'Myozyme' decision of the Federal Supreme Court of Switzerland and German Law: a constitutional rights and health insurance law perspective].

    Science.gov (United States)

    Huster, Stefan; Bohmeier, André

    2012-01-01

    In November 2010, the Federal Supreme Court of Switzerland dismissed a plea seeking reimbursement for treatment of glycogen storage disease type II - a very rare genetic metabolic disease also referred to as acid maltase deficiency (AMD) or Pompe disease -with a drug called 'Myozyme'. The Court held that the medication was not sufficiently effective or, alternatively, there was insufficient evidence for its effectiveness. The Court argued that the cost was out of balance with respect to the effects of the drug and concluded that it would be against the principle of legal equality if taxpayers were required to defray excessive expenses benefiting only an extremely small fraction of the population. Cost-effectiveness, however, cannot be accepted as a standard criterion governing the allocation of health insurance benefits because diversity of individual health must be regarded as a risk which nature has distributed equally among the members of the population. Therefore, it is a manifestation, rather than a violation, of the principle of legal equality that a public health insurance provider should pay for medical treatment in a particular case even if such treatment could not necessarily be administered to all other insured parties as well. At the same time, if cost-effectiveness in public health care is taken into account carefully, the risk of irrational resource allocation may be minimised. (As supplied by publisher).

  12. Overview of Specialized Courts

    OpenAIRE

    2009-01-01

    This Overview has two primary purposes. First, it provides judicial system officials with the arguments in favor of and in opposition to the creation of specialized courts. Second, it offers recommendations for consideration by judicial system officials when they are deliberating whether to establish specialized courts. This Overview also provides a review of types of specialized courts that have been established in court systems in some countries in Europe and the United States. This review ...

  13. The Effectiveness of Idaho DUI and Misdemeanor/DUI Courts: Outcome Evaluation

    Science.gov (United States)

    Ronan, Scott M.; Collins, Peter A.; Rosky, Jeffrey W.

    2009-01-01

    As DUI Courts continue to expand through the United States, research needs to match the growth to inform administrators and the public on the effectiveness of these courts. The current study found that participation in a DUI or Misdemeanor/DUI Drug Court (23%) reduced recidivism compared to a comparison group (37%) with court filing records that…

  14. "City of Richmond v. J.A. Croson Company": The Decision and Some of Its Implications.

    Science.gov (United States)

    Bell, A. Fleming, II

    1989-01-01

    The Supreme Court's "Croson" decision has major implications for local government and school administrative units that wish to encourage the use of minority contractors. Discusses the decision and some of the effects that the rules announced in the case may have on North Carolina's local governments and schools. (MLF)

  15. 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...

  16. Medial prefrontal cortex lesions impair decision-making on a rodent gambling task: reversal by D1 receptor antagonist administration.

    Science.gov (United States)

    Paine, Tracie A; Asinof, Samuel K; Diehl, Geoffrey W; Frackman, Anna; Leffler, Joseph

    2013-04-15

    Decision-making is a complex cognitive process that is impaired in a number of psychiatric disorders. In the laboratory, decision-making is frequently assessed using "gambling" tasks that are designed to simulate real-life decisions in terms of uncertainty, reward and punishment. Here, we investigate whether lesions of the medial prefrontal cortex (PFC) cause impairments in decision-making using a rodent gambling task (rGT). In this task, rats have to decide between 1 of 4 possible options: 2 options are considered "advantageous" and lead to greater net rewards (food pellets) than the other 2 "disadvantageous" options. Once rats attained stable levels of performance on the rGT they underwent sham or excitoxic lesions of the medial PFC and were allowed to recover for 1 week. Following recovery, rats were retrained for 5 days and then the effects of a dopamine D1-like receptor antagonist (SCH23390) or a D2-like receptor antagonist (haloperidol) on performance were assessed. Lesioned rats exhibited impaired decision-making: they made fewer advantageous choices and chose the most optimal choice less frequently than did sham-operated rats. Administration of SCH23390 (0.03 mg/kg), but not haloperidol (0.015-0.03 mg/kg) attenuated the lesion-induced decision-making deficit. These results indicate that the medial PFC is important for decision-making and that excessive signaling at D1 receptors may contribute to decision-making impairments.

  17. Judge Financial, Administrative Judge

    OpenAIRE

    Kurek, Aline

    2010-01-01

    As a specialised administrative judge, the financial judge, understood in the sense of the Auditors Court, of the regional Auditors Courts and of the Court of budgetary and financial discipline, has a ratione materiae jurisdiction. It is the judge's duty to ensure compliance with budgetary and national accounting rules. The perspective tending to view the financial judge as a administrative judge, that is to say as an ordinary administrative judge, may consequently give rise to certain object...

  18. 34 CFR 222.157 - What procedures apply for issuing or appealing an administrative law judge's decision?

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false What procedures apply for issuing or appealing an administrative law judge's decision? 222.157 Section 222.157 Education Regulations of the Offices of the Department of Education OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION IMPACT...

  19. 42 CFR 422.1074 - Right to request Departmental Appeals Board review of Administrative Law Judge's decision or...

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal. 422.1074 Section 422.1074 Public Health CENTERS... MEDICARE ADVANTAGE PROGRAM Appeal procedures for Civil Money Penalties § 422.1074 Right to...

  20. INFORMATION MODELLING OF PROCESS OF ADOPTION OF ADMINISTRATIVE DECISIONS AT THE ORGANIZATION OF PROFESSIONAL DEVELOPMENT OF THE PERSONNEL

    Directory of Open Access Journals (Sweden)

    Yaroslav E. Prokushev

    2015-01-01

    Full Text Available The article is devoted to a problem of theorganization of professional developmentof personnel. The article is consideringtwo interconnected tasks. The fi rst task is: estimation of degree of need of professional development of the specifi c worker. The second task is: choice of the programof professional development. Functionalinformation models of procedures ofadoption of administrative decisions withinthese tasks are developed.

  1. 42 CFR 423.1074 - Right to request Departmental Appeals Board review of Administrative Law Judge's decision or...

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal. 423.1074 Section 423.1074 Public Health CENTERS... VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Appeal Procedures for Civil Money Penalties § 423.1074 Right...

  2. 42 CFR 422.1090 - Basis, timing, and authority for reopening an Administrative Law Judge or Board decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Basis, timing, and authority for reopening an Administrative Law Judge or Board decision. 422.1090 Section 422.1090 Public Health CENTERS FOR MEDICARE... PROGRAM Appeal procedures for Civil Money Penalties § 422.1090 Basis, timing, and authority for...

  3. 42 CFR 423.1090 - Basis, timing, and authority for reopening an Administrative Law Judge or Board decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Basis, timing, and authority for reopening an Administrative Law Judge or Board decision. 423.1090 Section 423.1090 Public Health CENTERS FOR MEDICARE... PRESCRIPTION DRUG BENEFIT Appeal Procedures for Civil Money Penalties § 423.1090 Basis, timing, and...

  4. Clinton asks court to rule against assisted suicide.

    Science.gov (United States)

    1996-11-29

    The U.S. Supreme Court has been urged by the Clinton Administration to overturn two appeals court rulings that bar States from enforcing laws that prohibit doctor-assisted suicide. Solicitor General Walter Dellinger asked the court to reverse rulings by the 2nd and 9th U.S. Circuit Court of Appeals blocking New York and Washington States from arresting doctors who hasten the death of patients. In both cases, the plaintiff included people with AIDS and their caregivers. President Clinton previously stated that he opposes euthanasia. AIDS policy advocates generally support legalizing assisted suicide and were disappointed in the administration's involvement in these cases.

  5. Supreme Court refuses to review clinic access law; Second Appeals Court upholds statute.

    Science.gov (United States)

    1995-06-30

    On June 19, the US Supreme Court refused to review "Woodall v. Reno," a challenge to the Freedom of Access to Clinic Entrances Act (FACE) filed in Virginia by an anti-choice individual. FACE prohibits the use of force, threat of force, or physical obstruction to intentionally injure, intimidate, or interfere with anyone providing or obtaining reproductive health services. By denying the petition for "certiorari," the High Court let stand the US Court of Appeals for the Fourth Circuit decision in February. In that ruling, the midlevel federal court affirmed a lower court's dismissal of two of the eight anti-choice lawsuits challenging FACE, "Woodall v. Reno" and "American Life League v. Reno," which were consolidated by the appeals panel. Although plaintiffs in the first case filed a request for review by the High Court within days of the appellate court ruling, plaintiffs in the latter case waited until May to do so. The Department of Justice, which is defending the federal statute, and CRLP and the NOW Legal Defense and Education Fund, who are intervening on behalf of women and health care providers, will file their opposition to the review by July 26. The Justices will then decide to hear the case. On June 23, a three-judge panel for the US Court of Appeals for the Eleventh Circuit affirmed a lower court's decision to dismiss "Cheffer v. Reno," a facial challenge by Florida anti-choice activists seeking to invalidate FACE. The appeals court had ruled the law did not infringe on First Amendment rights, and the panel rejected the argument that Congress had exceeded its authority under the Commerce Clause of the US Constitution by finding that the measure "protects and regulates commercial enterprises." The appeals court accepted an "amicus" brief filed by CRLP and NOW Legal Defense and Education Fund on behalf of the National Abortion Federation, the National Organization of Women, physicians, and women's health clinics, but denied their request to intervene in the

  6. Genetics in the courts

    Energy Technology Data Exchange (ETDEWEB)

    Coyle, Heather; Drell, Dan

    2000-12-01

    Various: (1)TriState 2000 Genetics in the Courts (2) Growing impact of the new genetics on the courts (3)Human testing (4) Legal analysis - in re G.C. (5) Legal analysis - GM ''peanots'', and (6) Legal analysis for State vs Miller

  7. The Supreme Court and Public Pressure.

    Science.gov (United States)

    Richardson, Scott

    1989-01-01

    Uses recent freedom of expression cases to explore the effect of public opinion and pressure on U.S. Supreme Court rulings, through a simulation for secondary students. Students are assigned a pressure group to represent, discuss the facts in small groups, and formulate their decisions and arguments for class discussion. (LS)

  8. [Medical and administrative neglect of high blood glucose levels; comments on a decision by a medical disciplinary tribunal].

    Science.gov (United States)

    Erkelens, D W

    1997-04-26

    A 41-year-old man died in 1995 during ketoacidotic coma. He suffered from chronic manic depression, used lithium carbonate, and consulted the psychiatrist and the general practitioner (GP) frequently. Diabetes had not been diagnosed. Late in 1994 the situation worsened, the patient complaining of general illness, fatigue, nausea, vomiting, diarrhoea, thirst and excessive drinking of soft drinks. The GP referred the patient to a neurologist who found no neurological disorder but who asked for determination of blood glucose and lithium levels, and of thyroid function. The day afterwards the neurologist went on holiday. The blood glucose level proved to be elevated (16.9 mmol/1) but nobody took any action and the GP was not informed. Six days after returning from his holiday, the neurologist who had an administration backlog, found the laboratory findings only after he had been informed that the patient had just died. The court gave the neurologist a warning. Lessons are that somatic problems should be treated as such, even in a psychiatric patient, and that a good administrative signalling system is a prerequisite for quality in medical practice.

  9. Administration

    DEFF Research Database (Denmark)

    Bogen handler om den praksis, vi kalder administration. Vi er i den offentlige sektor i Danmark hos kontorfolkene med deres sagsmapper, computere, telefoner,, lovsamlinger,, retningslinier og regneark. I bogen udfoldes en mangfoldighed af konkrete historier om det administrative arbejde fra...... forskellige områder i den offentlige sektor. Hensigten er at forstå den praksis og faglighed der knytter sig til det administrative arbejde...

  10. Analysis on the Establishment of the Supreme People’s Court Circuit Court%最高人民法院巡回法庭设立探析

    Institute of Scientific and Technical Information of China (English)

    鲁晟珲

    2016-01-01

    The Decision of the Central Committee of the Communist Party of China on a Number of Major Issues Concerning the Overall Promotion of the Rule of Law stipulates that the Supreme People ’s court shall be set up to try to hear the trial of major administrative and civil and commercial cases across the administrative region. This decision is introduced just because China’s judicial localization of the problem has not been effectively resolved and the Supreme People’s court trial pressure is increasing. China’s establishment of a circuit court is faced with internal and external aspects of the problem. The circuit court shall provide circuit,tour officers of the court,and explore the establishment of the people’s procuratorate crossing administrative regions in order to ensure the circuit court to play its proper value and realize its function and to achieve the rule of law and justice.%《中共中央关于全面推进依法治国若干重大问题的决定》规定设立最高人民法院巡回法庭,以审理跨行政区重大行政和民商事案件。正是由于我国司法地方化问题未能有效解决且最高人民法院的审判压力日益增大,才推出了这一决定。我国设立的巡回法庭面临着内部、外部等多方面的问题,巡回法庭应当就巡回区、巡回法庭人员做出相应的规定,并探索建立跨行政区域的检察院,以保证巡回法院发挥其应有的价值及功能,实现法治与公正。

  11. 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.

  12. 8 CFR 1003.23 - Reopening or reconsideration before the Immigration Court.

    Science.gov (United States)

    2010-01-01

    ... Immigration Court. 1003.23 Section 1003.23 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.23 Reopening or reconsideration before the Immigration Court. (a) Pre-decision...

  13. THE INFLUENCE OF TH E DECISIONS OF INTERNATIONAL ORGANIZATIONS IN THE JURISPRUDENCE OF THE COLOMBIAN CONSTITUTIONAL COURT RELATED TO ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

    OpenAIRE

    2008-01-01

    The relationship between law and economics has been an area in which there has been increasing interests among lawyers, economists, and politicians in recent years. Despite this interest, the links between these two disciplines have not been fully approached by Colombian researchers in the subject of Human Rights, especially Economic, Social, and Cultural ones. The purpose of this research is to fill a gap in this area by analyzing the influence that decisions of international organizations h...

  14. Treatment Services in Adult Drug Courts: Report on the 1999 National Drug Court Treatment Survey. Drug Courts Resource Series.

    Science.gov (United States)

    Pexton, Elizabeth A.; Gossweiler, Robert

    In October 1999, National Treatment Accountability for Safer Communities (TASC), in cooperation with the Office of Justice Programs, Drug Courts Program Office and the Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment, developed and distributed a questionnaire designed to describe substance abuse…

  15. Abortion foes get turn to ask Supreme Court for constitutional protection.

    Science.gov (United States)

    Denniston, L

    1994-04-28

    judge's order. Clinic lawyer, Talbot D'Alemberte, president of Florida State University and former president of the American Bar Association, will argue that the issue is about intimidation. The Clinton administration's Solicitor General Drew S. Days III will support Seminole County Circuit Court Judge Robert S. McGregor's decision limiting protester activity.

  16. Supreme Court declines to hear California clinic injunction challenge.

    Science.gov (United States)

    1997-03-21

    On March 17, the United States Supreme Court refused to review "Williams v. Planned Parenthood Shasta-Diablo," a case which challenges a California state court order that requires anti-abortion protestors to remain across the street from a Vallejo clinic. The case first reached the High Court in October 1994, after the California Supreme Court upheld the injunction, and was sent back because of a decision four months earlier in "Madsen v. Women's Health Center," which found that an injunction creating a 36-foot buffer zone around a Florida clinic was constitutional. In July 1995, the California High Court again ruled in favor of the order. Justices Clarence Thomas, Anthony Kennedy, and Antonin Scalia dissented, stating that the Supreme Court should have accepted the case and reversed the state court's decision. Judge Scalia, basing his judgement on a portion of "Madsen" which describes a 300-foot "no-approach" zone around the Florida clinic as an unacceptable restriction on free expression, insisted that the evidence failed to show that the Vallejo protesters were obstructive enough to warrant government interference. Preventing stress and anxiety in patients, a central consideration for the California courts, was not a sufficient reason.

  17. 20 CFR 655.1040 - Decision and order of administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... Process for Attestations Filed by Employers Utilizing F-1 Students in Off-Campus Work § 655.1040 Decision... materially false, the judge shall order that the employer be disqualified from employing F-1 students. (e) In... circumstances shall source data obtained in confidence by ETA, or the names of establishments contacted by...

  18. 29 CFR 24.109 - Decision and orders of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... COMPLAINTS UNDER FEDERAL EMPLOYEE PROTECTION STATUTES Litigation § 24.109 Decision and orders of the... complainant has demonstrated by a preponderance of the evidence that the protected activity was a motivating... the evidence that the protected activity was a motivating factor in the unfavorable personnel...

  19. QUESTION THE VALIDITY OF ADMINISTRATIVE DECISIONS ON BIZNES TRANSFORMATION MODEL COMPANIES BASED TRANSACTIONS MERGER OR ACQUISITION

    Directory of Open Access Journals (Sweden)

    E. Kravchenko

    2014-04-01

    Full Text Available The main criteria for assessing the degree of problematical current business model. The methodical approach to determining the nature of the manifestation of the motives of mergers and acquisitions. Designed card priorities managerial decisions on the transformation business model.

  20. The National Aeronautics and Space Administration's Earth Science Applications Program: Exploring Partnerships to Enhance Decision Making in Public Health Practice

    Science.gov (United States)

    Vann, Timi S.; Venezia, Robert A.

    2002-01-01

    The National Aeronautics and Space Administration (NASA), Earth Science Enterprise is engaged in applications of NASA Earth science and remote sensing technologies for public health. Efforts are focused on establishing partnerships with those agencies and organizations that have responsibility for protecting the Nation's Health. The program's goal is the integration of NASA's advanced data and technology for enhanced decision support in the areas of disease surveillance and environmental health. A focused applications program, based on understanding partner issues and requirements, has the potential to significantly contribute to more informed decision making in public health practice. This paper intends to provide background information on NASA's investment in public health and is a call for partnership with the larger practice community.

  1. THE 3C DECISION COCKPIT FOR A MARKET-ORIENTED PUBLIC ADMINISTRATION

    Directory of Open Access Journals (Sweden)

    Teodora I. BITOIU

    2015-06-01

    Full Text Available The paper puts forward a decision modeling by appealing to a vectorization system, similar to one used in aviation – Instrument Landing System (ILS. The decisioncockpit developed by this paper implies a two angle vectorization system: the exogenous system, meaning the system where the independent variables are included and the endogenous system, of which the causal factors are part. The model keeps the main feature, that of being a display of reality. Theentire argument comes down to tearing down the decision making process and reconstructing it so as to solve its structure problems and to accentuate the points at issue where it makes a change – so as to adjust to reform practices - and how important is this change for the PA reform.

  2. Courts and health care rationing: the case of the Brazilian Federal Supreme Court.

    Science.gov (United States)

    Wang, Daniel W L

    2013-01-01

    The recognition that access to health care is a constitutional right in Brazil has resulted in a situation in which citizens denied treatments by the public health care system have brought lawsuits against health authorities, claiming that their right to health was violated. This litigation forces the courts to decide between a patient-centred and a population-centred approach to public health - a choice that forces the courts to assess health care rationing decisions. This article analyses the judgments of the Brazilian Federal Supreme Court in right to health cases, arguing that the Court's recent decisions have been contrary to their long-standing stance against rationing. In 2009, the Court organized a public hearing to discuss this topic with civil society and established criteria to determine when rationing would be legal. However, I argue that these criteria for health care rationing do not adequately address the most difficult health care distribution dilemmas. They force the health care system to keep their rationing criteria implicit and make population-centred concerns secondary to individual-centred ones.

  3. Affirmative Action in Employment: Recent Court Approaches to a Difficult Concept.

    Science.gov (United States)

    Hodges-Aeberhard, Jane

    1999-01-01

    Examines major decisions in the United States, South Africa, and the European Court of Justice related to affirmative action in the workplace. Suggests explanations for differences among the conclusions reached and argues that more rigorous reasoning might enable courts to reach just and realistic decisions. (JOW)

  4. Autism Spectrum Disorder: Forensic Issues and Challenges for Mental Health Professionals and Courts

    Science.gov (United States)

    Freckelton, Ian

    2013-01-01

    Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for…

  5. Negligence in Academic Advising and Abortion Counseling: Courts Rulings and Implications.

    Science.gov (United States)

    Stone, Carolyn

    2002-01-01

    Presents two court cases to illuminate school counselors' legal responsibilities in academic advising and abortion counseling. The cases are presented to show how appellate court decisions can guide and inform future decision making in a variety of malpractice situations, and to equip professionals to exercise even greater care for their minor…

  6. Silenced in the Court: Meanings of Research and Difference in the US Legal System

    Science.gov (United States)

    Morton, Missy

    2009-01-01

    In this paper I report a qualitative study of a series of court decisions concerning the meanings of science and the gold standard of special education research. I describe two sets of court proceedings and subsequent decisions that considered the admissibility of statements purportedly given by disabled children using a strategy known as…

  7. Improvements of Decision Support Systems for Public Administrations via a Mechanism of Co-creation of Value

    Directory of Open Access Journals (Sweden)

    Tindara Abbate

    2015-04-01

    Full Text Available This paper focuses on a possible improvement of knowledge-based decision support systems for human resource management within Public Administrations, using a co-creation of value’s mechanism, according to the Service-Dominant Logic (SDL paradigm. In particular, it applies ontology-driven data entry procedures to trigger the cooperation between the Public Administration itself and its employees. Advantages in such sense are evident: constraining the data entry process by means of the term definition ontology improves the quality of gathered data, thus reducing potential mismatching problems and allowing a suitable skill gap analysis among real and ideal workers competence profiles. The procedure foresees the following steps: analyzing organograms and job descriptions; modelling Knowledge, Skills and Attitudes (KSA for job descriptions; transforming KSAs of job descriptions into a standard-based model with integrations of other characteristics; extracting information from Curricula Vitae according to the selected model; comparing profiles and roles played by the employees.The 'a priori' ontology-driven approach adequately supports the operations that involve both the Public Administration and employees, as for the data storage of job descriptions and curricula vitae. The comparison step is useful to understand if employees perform roles that are coherent with their own professional profiles.The proposed approach has been experimented on a small test case and the results show that its objective evaluation represents an improvement for a decision support system for the re-organization of Italian Public Administrations where, unfortunately often, people are engaged in activities that are not so close to their competences.

  8. Evidence-Based Administration for Decision Making in the Framework of Knowledge Strategic Management

    Science.gov (United States)

    Del Junco, Julio Garcia; Zaballa, Rafael De Reyna; de Perea, Juan Garcia Alvarez

    2010-01-01

    Purpose: This paper seeks to present a model based on evidence-based administration (EBA), which aims to facilitate the creation, transformation and diffusion of knowledge in learning organizations. Design/methodology/approach: A theoretical framework is proposed based on EBA and the case method. Accordingly, an empirical study was carried out in…

  9. Sink or Swim: Evolving a Broader Definition of Courts through the Multi-Door Approach to Dispute Resolution and the Implications it has for Traditional Court Systems

    Directory of Open Access Journals (Sweden)

    L.H. Gummi

    2010-04-01

    Full Text Available This article comprises three parts. The first part addresses the Nigerian Court system, detailing the hierarchy of courts that make up our legal system or as the topic suggests the traditional court system. The second predominantly dwells on the introduction of the Multi- Door court system into our judicial landscape, and the uniqueness of its operation. The third offers my analysis, based on my experience as a court administrator on whether, with the introduction of the Multi-Door system we have swam or sank, and my advice to other judicial systems that are yet to imbibe the ADR culture.

  10. Abortion 1982: the Supreme Court once again.

    Science.gov (United States)

    Healey, J M

    1982-11-01

    Clearly, abortion in the US continues to be a major medico-legal issue which will not go away. 5 major abortion cases are scheduled for review by the US Supreme Court during its 1982-83 term. Taken together, these 5 cases challenge several of the key conclusions of the Court's review of the abortion question. The primary focus of the cases is the state's power to regulate the abortion decision during the 1st and 2nd trimester of the pregnancy. 2 cases involve ordinances passed by the City of Akron regulating access to abortion in areas such as consent and notification requirements and the location of abortions after the 1st trimester. 2 of the cases involve a Missouri statute also dealing with the requirement that abortions after the 1st trimester be performed in a hospital. The final case involves a Virginia criminal prosecution of a physician accused of violating the state's requirement of in-hospital performance of a 2nd trimester abortion. In the case of Roe v. Wade, the Court had established the "trimester trilogy" governing state regulation of the abortion procedure. For the stage of the pregnancy prior to the end of the 1st trimester, the Court held that the abortion decision and its effectuation must be left to the medical judgment of the pregnant women's attending physician. For the stage of the pregnancy subsequent to the end of the 1st trimester, the Court ruled that the state may promote its interest in the health of the mother by regulating the abortion procedure in ways reasonably related to maternal health. For the stage of pregnancy subsequent to viability, the state may promote its interest in the potentiality of human life by regulation, even prohibiting abortion, except where it is necessary to preserve the mother's life or health. These 5 cases challenge the role of the Court in determining the scope of appropriate state regulation at various stages of the pregnancy. Suffering a loss of prestige in the 10 years since the Roe v. Wade and Doe v

  11. APPEAL, NON-APPLICATION, JUDICIAL REVIEW ON THE ACTS OF THE PUBLIC ADMINISTRATION FOR ANTITRUST PURPOSES (NOTES TO THE CONSIGLIO DI STATO - ITALIAN SUPREME ADMINISTRATIVE COURT - JUDGMENT, SEC. VI, NO. 693/2014

    Directory of Open Access Journals (Sweden)

    Hadrian Simonetti

    2014-12-01

    Full Text Available In the effort of reconcile protection of competition and intellectual property rights, with particular reference to the pharmaceutical sector, the Pfizer case deals with legitimate patent instrumentally exercised for a purpose other than that for which it was granted. What would be a legitimate administrative measure under Italian Patent Law, combined with other conducts, in the context of a complex strategy designed to artificially delay the entry of new generic drugs competitors, is considered an excluding abuse, violating antitrust rules. If the Italian Competition Authority (ICA explicitly referred to the abuse of regulatory procedure theory applied by the EU Commission in AstraZeneca case and endorsed by ECJ, the Council of State judgment, applying as in the Coop Estense case the broader and disputed category of the “abuse of right”, represents a further development in antitrust enforcement and is expected to bring back as central issue the topic of the judicial review on the exercise of antitrust power and, with it, the recurring fear that the guarantees of defence cannot always be sufficient. The article examines this new frontier of antitrust law, with specific regard to the case of abuse of dominant position by abusing of regulations and administrative measure, showing the different remedies at disposal of the Italian Competition Authority.

  12. THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES

    Directory of Open Access Journals (Sweden)

    R.J. Sánchez

    2016-01-01

    Full Text Available Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems regarding the inefficient work of Courts.

  13. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

    It was late on Election Day 2010 and Vander Plaats, a Sioux City, Iowa, businessman and leader of a campaign to oust three Iowa Supreme Court justices, had just gotten word that he and his team had pulled it off. The voters had rejected the three justices up for a retention vote: David Baker, Michael Streit, and Chief Justice Marsha Ternus.…

  14. Supreme Court Roundup

    Science.gov (United States)

    Williams, Charles F.

    2005-01-01

    Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…

  15. Congressional Statutory Responses to Supreme Court Precedent: Comparing the Breadth and Potency of Statutes Invalidated by the Rehnquist Court and Analogous Statutes Subsequently Repassed by Congress

    OpenAIRE

    Goldberger, Justin Nathaniel

    2016-01-01

    Many people assume that when the U.S. Supreme Court invalidates a federal statute as unconstitutional, the Court's decision establishes binding precedent that narrows the U.S. Congress's available options. This thesis examines whether Congress has in practice been able to effectively circumvent Supreme Court precedents while still acting consistently with such precedents in a narrow sense by not repassing an identical statute. More specifically, this work explores whether the U.S. Congress w...

  16. 19 CFR 181.116 - Petition regarding adverse marking decision.

    Science.gov (United States)

    2010-04-01

    ... this section with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom. Litigation before any other court will not preclude the issuance of a decision on a petition under...

  17. A Research of the Major Administrative Decision-making Group Discussion and Decision System%重大行政决策的集体讨论决定制度研究

    Institute of Scientific and Technical Information of China (English)

    赵娜; 方卫华

    2014-01-01

    重大行政决策集体讨论决定制度是指对于重大行政问题,必须充分讨论,集体决定,坚决反对个人说了算或少数人专断。重大行政决策是否科学化、民主化,直接影响到政府行政管理活动的效能。重大行政决策集体讨论决定是民主集中制的直接体现,能够避免在重大行政问题决策上的失误。通过分析和研究重大行政决策集体讨论决定制度的发展现状及其运行的规则和程序,发现中国重大行政决策缺乏统一的集体讨论决定程序,行政机关缺乏民主决策意识,社会公众缺乏民主参政意识及行政决策监督滞后等一系列局限性,指出惟有建立统一高效的重大行政决策集体讨论决定程序、提高行政机关的民主决策意识、提高社会公众的民主参政意识和加强对行政决策的监督才能更好的完善中国重大行政决策的集体讨论决定制度。%The major administrative decision-making group discussion and decision system means that major adminis-trative problems must be conducted through full discussion and collective decision .Meanwhile , individual or a minor-ity of people's arbitrariness must be firmly opposed .Whether the major administrative decision-making is scientific and democratic , directly affects the effectiveness of government administrative management activities .Because the major administrative decision-making group discussion directly embodies the democratic centralism , major administra-tive decision-making errors can be avoided .In this paper , we study and analyze the development of the system of the status major administrative decision-making group discussion and decision system operation rules , procedures and lack of the unified collective discussion and decision procedure , administrative departments lack of democratic conscious-ness, the social public lack of democratic politics consciousness , administrative decision-making supervision

  18. ADMINISTRATIVE JUSTICE IN POLAND

    Directory of Open Access Journals (Sweden)

    J. Turłukowski

    2016-01-01

    Full Text Available This article begins with an analysis of the development of administrative justice in Poland over the last centuries. In particular, the author examines administrative jurisdiction before 1918, when Poland regained its independence, the period of the Duchy of Warsaw, the Kingdom of Poland, and the practice on Polish territory under Austrian and Prussian control. The author then moves to modern law by presenting the judicial system in Poland in general, especially the differences between the separate systems of general courts and administrative courts, and analyses the jurisdiction of voivodship (regional administrative courts, and the basic principles of judicial and administrative proceedings. The focus of study is mainly devoted to judicial and administrative procedure, rather than an administrative process of citizens before administrative authorities regulated in a separate Code of Administrative Procedure. The article describes the role of the judge (pointing out the differences between the active role of first instance judges and the limited capabilities of the judges of the appeal and the powers of the Supreme Court, in particular its power to adopt resolutions, which has agreat importance for the unification of the jurisprudence. A brief analysis is given to class actions, which in the Polish legal system are inadmissible in court and administrative proceedings. The articles provides a statistical cross-section illustrating the role of administrative jurisdiction. The author concludes with observations pointing up the progress of administrative jurisdiction in Poland, not only in the legal sense, but also in the cultural sense.

  19. On court interpreters' visibility

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

    This paper is part of the initial stage of a larger empirical research project on court interpreting seen as a complex interaction between (at least) three co-participants. The empirical material consists of recordings of interpreted interrogations in court room settings and questionnaires filled...... of the service they receive. Ultimately, the findings will be used for training purposes. Future - and, for that matter, already practising - interpreters as well as the professional users of interpreters ought to take the reality of the interpreters' work in practice into account when assessing the quality...... of the service rendered/received. The paper presents a small-scale case study based on an interpreted witness interrogation. Recent research on the interpreter's role has shown that interpreters across all settings perceive themselves as "visible" (Angelelli 2003, 2004). This has led us to focus...

  20. 5 CFR 838.1010 - Court orders or decrees preventing payment of lump sums.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Court orders or decrees preventing payment of lump sums. 838.1010 Section 838.1010 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... Affecting Civil Service Retirement Benefits § 838.1010 Court orders or decrees preventing payment of...

  1. 国内行政决策成本研究综述%Review of Domestic Administrative Decision-making Costs

    Institute of Scientific and Technical Information of China (English)

    左雪

    2012-01-01

    Based on the arrangement of the cost of administrative decision documents in recent decade, the writer analysis the content, reason and factors which could affect the cost of administrative decision and points the methods of optimizing the cost of administrative decision. In the meantime, the writer points some problems which needs to be solved, especially clear the relationship between the cost of administrative decision and governmental-administration cost that is administrative decision cost is not only the part of governmental administration cost, and itself as a existence of the whole which affect the governmental administration cost in turn.%基于对近十年关于行政决策成本文献的梳理,分析了行政决策成本的内容、过高的原因和影响行政决策成本的因素,指出了优化行政决策成本的途径。与此同时,提出了一些有待解决的问题,尤其是理清了行政决策成本与政府行政成本的关系,指出了行政决策成本不仅是政府行政成本的重要组成部分,它本身也作为一个整体存在,影响着政府行政成本。

  2. Trial by Jury in Russian Military Courts

    Directory of Open Access Journals (Sweden)

    Nikolai P. Kovalev

    2008-07-01

    Full Text Available One of peculiar features of the military criminal justice system in Russia is that in some cases military defendants may apply for trial by jury. Unlike the existing U.S. court-martial jury and the Russian military jury of the early 1900s (World War I period which were comprised of the members of the armed forces, in modern Russia jurors trying military defendants are civilians. This article aims to provide a brief history of military jury in Russia and identify issues of independence and impartiality in Russian military courts with participation of lay decision-makers. In particular, the article will analyze two high-profile cases which resulted in acquittals of Russian officers accused of killing several Chechen civilians during counter-terrorist operations in Chechnya.

  3. College Affirmative Action Faces Much Tougher Scrutiny in New Supreme Court Review

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

    The Supreme Court's members generally are too decorous to exclaim "I told you so." But U.S. Supreme Court Justice Anthony M. Kennedy stands perched on the edge of an I-told-you-so moment, thanks to the court's decision to take up a challenge to a race-conscious college-admission policy that poses some of the same questions he had accused…

  4. US Supreme Court allows limits on AIDS-related insurance benefits.

    Science.gov (United States)

    Elliott, R

    2000-01-01

    In a ruling issued on 10 January 2000 with respect to Doe v Mutual of Omaha Insurance, the US Supreme Court refused to review a lower-court decision allowing an insurance company to limit health-care benefits for AIDS-related claims to less than one-tenth of what it pays under the same policies for expenses related to other illnesses. The lower court had ruled that anti-discrimination legislation does not apply to insurance policies.

  5. 5 CFR Appendix A to Subpart A of... - Addresses for Serving Court Orders Affecting CSRS or FERS Benefits

    Science.gov (United States)

    2010-01-01

    ... Affecting CSRS or FERS Benefits A Appendix A to Subpart A of Part 838 Administrative Personnel OFFICE OF... BENEFITS Court Orders Generally Pt. 838, Subpt. A, App. A Appendix A to Subpart A of Part 838—Addresses for Serving Court Orders Affecting CSRS or FERS Benefits (a) The mailing address for delivery of court...

  6. 论行政决策失误的机关集体责任认定%On Collective Responsibility of Administrative Decision-making Organs for Their Faults in Making Executive Decisions

    Institute of Scientific and Technical Information of China (English)

    郭跃

    2011-01-01

    The biggest drawback of the existing legal provisions for administrative decision-making responsibility is the lack of precise definition for the collective responsibility of administrative decision-making organs for their mistakes in decision-making and the failure to distinguish between collective responsibility and leaders' personal responsibility,resulting in a situation in which the responsibility is evaded in the name of "collective decision-making" and public interests are impaired.The paper demonstrates the necessity to construct collective responsibility of administrative decision-making organs,defines the standards for identifying collective responsibility and determining its subject,and identifies the responsible body of collective decision-making,so as to actualize the administrative decision-making responsibility and promote China's ongoing construction of responsible governments.%现行法律对于行政决策责任的规定最大缺陷在于没有准确界定行政决策失误之机关集体责任和区分机关集体责任与领导个人责任,从而导致在"集体决策"名义下无法真正追究行政决策失误的责任或是导致对公共利益的损害。以现行法律规定的不足为立论基础,论证了构建行政决策失误的机关集体责任的必要性、认定标准及主体的确定等基本问题,寻找集体决策责任主体,从而真正实现行政决策责任,推动我国正在进行的责任政府建设。

  7. MANAGERIAL APPROACH ON THE ROLE AND RESPONSABILITY OF THE PRESIDENT OF THE COURT AND THE INDIVIDUAL PERFORMANCE OF JUDGES

    Directory of Open Access Journals (Sweden)

    E. Muscalu

    2014-12-01

    Full Text Available The purpose of this study is to understans how the quality of the court is bound to the role of the court presidents in Romania, who, for the proper administration of the departments and the divisions of the court, must assume a leadership role. Efficiency depends on how they use their knowledge, their behavior and attitudes as personal example to create an environment in which subordinates, judges and court personnel, are fully involved in achieving the objectives of the institution.

  8. Access to medical-assisted reproduction and pgd in Italian law: a deadly blow to an illiberal statute? commentary to the European Court on Human Rights's decision Costa and Pavan v Italy (ECtHR, 28 August 2012, App. 54270/2010).

    Science.gov (United States)

    Biondi, Stefano

    2013-01-01

    This article provides an account of the European Court on Human Rights' Second Section decision in the case Costa and Pavan v Italy. The judgment found that the Italian Statute on Assisted Reproduction (Law 40/2004), and particularly its prohibition to use in vitro fertilisation and pre-implantation genetic diagnosis (PGD) to prevent the birth of children affected by genetically transmissible conditions, breached Article 8 of the European Convention on Human Rights (ECHR). In fact, the statute in question permits only infertile people to access medically assisted reproduction techniques and forbids PGD and embryo selection. The Court regarded that the rationale of these prohibitions-identified by the Italian Government with the need to prevent eugenic practices as well as to protect the health of the unborn and of the woman-was at odds with the fact that Italian law allows pre-natal screening and therapeutic abortions in case foetal abnormalities are diagnosed. In order to clarify the decision's significance, the paper goes on to analyse the rationale of Law 40/2004 in the Italian legal and political context. Emphasis is placed on the fact that this statute is extremely controversial at domestic level, because many of its provisions-including those considered by the Strasbourg Court-are inherently contradictory and contrast with the settled constitutional principles on abortion, as many domestic authorities highlighted. In this context, should the commented decision be confirmed by the Grand Chamber, it may provide a basis to bring consistency back to the Italian regulation of assisted reproduction. Finally, the paper considers the appeal lodged by the Italian Government to the Grand Chamber, and in particular the contention that the European Court had failed to respect Italy's margin of appreciation. In this regard, it is argued that, under Law 40/2004, individuals face illogical and discriminatory restrictions to their right to private and family life and that

  9. DECISIONS OF ROMANIAN LAW COURTS IN CASES CONCERNING THE INTERPRETATION OF ARTICLE 3 (D OF REGULATION (EC NO 469/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 6 MAY 2009, CONCERNING THE SUPPLEMENTARY PROTECTION CERTIFICATE FOR MEDICINAL PRODUCTS

    Directory of Open Access Journals (Sweden)

    BUCURA IONESCU

    2012-05-01

    Full Text Available The supplementary protection certificate is currently considered to represent an accessory of a national or European patent granted in order to extend the duration of the rights that said patent confers on its owner in respect of an active substance or a combination of active substances. Based on the above-mentioned patent and on the certificate, the owner shall have the exclusive right of manufacturing and commercializing the patented product, as well as the right to oppose to any form of counterfeiting of the patented product. The grant of this protection title for medicaments is regulated on the territory of the European Union by the Regulation (EC No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version. The conditions for obtaining the certificate are stipulated under Art. 3. The paper is intended to present the decisions made by the Romanian courts in the cases concerning the controversial interpretation of Art. 3 letter d of the Regulation, which provides that the valid authorization to place the medicament on the market in accordance with Directive 2001/83/EC or Directive 2001/82/EC, as the case may be, should be the first authorization to place the product on the market as a medicament. At the same time, the paper presents the differences in the approach and the judgment of such cases by OSIM (State Office for Inventions and Trademarks and by the national courts. The paper aims at analyzing said decisions as compared to the European practice, with a view to identifying solutions for a uniform interpretation of Community legislation at the level of the Romanian courts.

  10. "Forest Grove School District v. T.A.": The Supreme Court and Unilateral Private Placements

    Science.gov (United States)

    Yell, Mitchell L.; Katsiyannis, Antonis; Collins, Terri S.

    2010-01-01

    On June 22, 2009, the U.S. Supreme Court issued its decision in the case "Forest Grove School District v. T.A." (hereafter "Forest Grove"). In "Forest Grove," the High Court answered the question of whether the parents of students with disabilities are entitled to reimbursement for the costs associated with placing…

  11. Justice White's Dissent from Court's Ruling on NCAA Control of Football Telecasts.

    Science.gov (United States)

    White, Byron R.

    1984-01-01

    The text of Justice Byron R. White's dissent from the Supreme Court's decision striking down the National Collegiate Athletic Association's control of televised college football is presented. It is suggested that the Court errs in treating intercollegiate athletics under the NCAA's control as a purely commercial venture. (Author/MLW)

  12. US: Supreme Court adopts narrow definition of "disability" under anti-discrimination law.

    Science.gov (United States)

    Elliott, Richard

    2002-03-01

    In January 2002, the US Supreme Court issued the latest in a series of court judgments adopting a narrow interpretation of the Americans with Disabilities Act (ADA). The unanimous decision is fundamentally flawed in several important respects. It does not bode well for people with disabilities seeking protection from discrimination in employment.

  13. Investigating deviations from norms in court interpreting

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

    , in some cases, all - professional users involved (judges, lawyers, prosecutors). As far as the non-Danish speaking users are concerned, it has, with one notable exception, unfortunately not been possible to obtain data from this group via questionnaires. As this type of data, however, is important...... of the interpreted events and by drawing on responses to the questionnaires and comments provided by these two groups. The explicit instructions issued by the Danish Court Administration (Guidelines for court interpreting) will serve as point of departure for the investigation of deviations from the prevailing norms...... deviations and sanctions in every case. By way of example: Several judges, who had given their consent to recordings of authentic data in connection with the research project, reported that they had experienced problems with insufficient language proficiency on the part of untrained interpreters speaking...

  14. The privileges and immunities of international organizations in domestic courts

    CERN Document Server

    2013-01-01

    International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topi...

  15. 重大环境行政决策的法定程序%Due Processes for Important Administrative Environmental Decision-Making

    Institute of Scientific and Technical Information of China (English)

    蔡先凤; 刘娜

    2015-01-01

    重大环境行政决策是指行政机关作出带有全局性、综合性、根本性、长远性、持续性的重大环境事项决定的行为。重大环境行政决策必须符合法定程序。应健全依法进行重大环境行政决策机制,实现行政决策程序法治化,把有效的公众参与和专家论证以及社会风险评估、合法性审查和集体审议讨论决定等确定为重大环境行政决策的法定程序,确保重大环境行政决策法治化、程序正当化。%Important administrative environmental decision-making means that the government makes important decisions in environmental matters with strategic, comprehensive, fundamental, long-term and sustainable characteristics in accordance with due process. The mechanism of important administrative environmental decision-making according to law should be established and improved. The proper procedures should include public participation, suggestions of experts, social risk assessment, legitimacy review and group discussion and decision in order to make administrative environmental decision-making constitutional.

  16. Decision and management algorithms to address patient and food and drug administration concerns regarding breast augmentation and implants.

    Science.gov (United States)

    Adams, William P; Bengston, Bradley P; Glicksman, Caroline A; Gryskiewicz, Joe M; Jewell, Mark L; McGrath, Mary H; Reisman, Neal R; Teitelbaum, Steven A; Tebbetts, John B; Tebbetts, Terrye

    2004-10-01

    During the U.S. Food and Drug Administration's advisory panel hearings to evaluate the premarket approval for conventional silicone gel implants on October 14 and 15, 2003, panel members and patient advocate representatives focused on four specific areas of concern: reoperation rates in primary breast augmentation; levels, depth, and methods of patient education and informed consent; modes, frequency, and management of silicone gel implant device failures, including management of "silent" ruptures; and methods of monitoring and managing symptoms or symptom complexes that may or may not be associated with connective tissue disease or other undefined symptom complexes. These concerns, with a reported 20 percent reoperation rate for primary augmentation within just 3 years, and a lack of concise, definitive management protocols addressing these areas of concern may have contributed to the Food and Drug Administration's rejection of the premarket approval, despite the panel's recommendation for approval. This article presents decision and management algorithms that have been used successfully for 7 years in a busy breast augmentation practice (Tebbetts and Tebbetts). The algorithms have been further expanded and refined by a group of surgeons with diverse experiences and expertise to address the following clinical situations that coincide with concerns expressed by patients and the Food and Drug Administration: implant size exchange, grade III to IV capsular contracture, infection, stretch deformities (implant bottoming or displacement), silent rupture of gel implants, and undefined symptom complexes (connective tissue disease or other). In one practice (Tebbetts and Tebbetts) that uses the TEPID system (tissue characteristics of the envelope, parenchyma, and implant and the dimensions and fill distribution dynamics of the implant), implant selection is based on quantified patient tissue characteristics, pocket selection is based on quantified soft-tissue coverage, and

  17. Perceptions of Administrators, Special Education Teachers, and General Education Teachers Concerning the Diploma Decision-Making Process for Students with Disabilities

    Science.gov (United States)

    Hybl, Kathleen

    2010-01-01

    This study examined the perceptions of secondary IEP team members (i.e., administrators, special education teachers, and general education teachers) from one Virginia school district regarding the diploma decision-making process for students with disabilities. Using a qualitative, multi-case approach incorporating three phases of analysis (i.e.,…

  18. The Contribution of Information Acquisition and Management Capacity to Administrators' Decision-Making Effectiveness in Tertiary Institutions in South-Western Nigeria

    Science.gov (United States)

    Fabunmi, Martins; Erwat, Eseza Akiror

    2008-01-01

    This study investigated through empirical methods the extent to which information acquisition and information management capacity of administrators in tertiary institutions in South-Western Nigeria contributed to their decision-making effectiveness. It adopted the ex post facto survey research design, using the random sampling technique to select…

  19. United States Policy on Detainees Captured During the Global War on Terror in Light of the United States Supreme Court Decisions in Rasul v. Bush, Rumsfeld v. Padilla, and Hamdi v. Rumsfeld

    Science.gov (United States)

    2007-11-02

    enemy combatants, John Walker Lindh , Yaser Esam Hamdi, and Jose Padilla. Only Jose Padilla’s case remains unresolved. Trying Padilla and future U.S...heard in the United States District Court for the District of South Carolina, may resolve the issue. 111 John Walker Lindh , the “American Taliban,” was...sentenced to 20 years in federal prison. See Susan Candiotti, “Walker Lindh sentenced to 20 years,” 4 October 2002; available from <http

  20. Definition of Intellectual Disability in Criminal Court Cases

    Science.gov (United States)

    Olley, J. Gregory

    2013-01-01

    Definitions and associated descriptions of the condition now commonly known as "intellectual disability" serve many functions. The "Atkins v. Virginia" U.S. Supreme Court decision (2002) has called attention to the importance of clear, objective, and measureable wording of the definition. This article discusses the potential for misunderstanding…

  1. Authorship in cases of organized irresponsibility: a proposal for systematization of the criteria of the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Lucas Nogueira Garcez

    2014-03-01

    Full Text Available Established in 2002, the International Criminal Court was the first permanent court with jurisdiction to investigate and judge crimes against humanity. Although recent, the Court has a significant number of precedent cases, in which it has set criteria to define perpetrators and acessories. The critical evaluation of the choices of a Court depends firstly on having a general view of which are those choices. This essay analy- ses and systematizes, by a decision diagram, the criteria established in the precedents of the International Criminal Court to define perpetrators and acessories.

  2. A Critique of Kosovo’s Internationalized Constitutional Court

    Directory of Open Access Journals (Sweden)

    Andrea Lorenzo Capussela

    2014-04-01

    Full Text Available The quality and the sustainability of the democratic institutions established in post-independence Kosovo under the guidance of the international community depend to a large extent on the performance of its constitutional court. The considerable international investment in that court reflects this assessment. One of the reasons why Kosovo’s international supervision has recently been terminated is that such court has been deemed to be functioning well. But its performance has not yet adequately been scrutinized. This essay reviews its most significant judgments, including decisions that deposed a president, annulled a presidential election, prevented a general election, and abolished the inviolability of parliament. The analysis of the reasons and effects of such rulings leads to the conclusion that the court gravely lacks independence and is subject to heavy political interference, which also the international judges do not seem immune from. The performance of the court is both a manifestation and a cause of Kosovo’s acute governance problems, which its international supervision has failed to remedy. The international community’s approach towards the court is also an illustration of the reasons why statebuilding in Kosovo led to unsatisfactory results, despite unprecedented investment.

  3. Supreme Court to hear Florida clinic access case.

    Science.gov (United States)

    1994-04-15

    On April 27, 1994, the US Supreme Court will review a Florida Supreme Court decision ensuring access to women's health clinics that offer abortion services. In October 1993, the Florida High Court determined that an order issued by Brevard/Seminole County Circuit Judge Robert McGregor that requires anti-abortion protestors to remain 36 feet from the clinic grounds, prohibits approaching any clinic patient within 300 feet of the facility, bars excessive noise during clinic hours, and creates a 300 foot safety zone around the homes of clinic staff was reasonable. Anti-abortion activists had challenged Judge McGregor's injunction, maintaining that it violated their First Amendment rights and was overboard. Days before the Florida High Court ruling, however, the US Court of Appeals for the Eleventh Circuit had rejected Judge McGregor's injunction as unconstitutional. Although the appeal to the US Supreme Court, Madsen vs Women's Health Center, was filed by anti-abortion activists, pro-choice groups are supporting the review as a means of resolving the confusion created by conflicting state and federal rulings.

  4. Your business in court and at federal agencies: 2010 - 2011.

    Science.gov (United States)

    Reiss, John B; Crowder, Dawn; Simons, Brian; Pleskov, Igor; Davis, Tiffany; Nugent, Patrick

    2012-01-01

    This year the government aggressively pursued Manufacturers under the enhanced provisions of the False Claims Act (FCA), as well as under the provisions of the Food, Drug and Cosmetics Act (FDCA). In addition, the government pursued actions against individual executives under the Responsible Corporate Officer Doctrine ("RCO Doctrine") because it does not believe sanctions against the companies provide sufficient deterrence to inappropriate behavior. Companies need to focus on implementing effective compliance programs in order to prevent the occurrence of allegedly improper activity. It should be noted that the existence of an effective program will not protect executives from liability under the RCO Doctrine if improper behavior takes place. The Food and Drug Administration's (FDA's) has undertaken a number of initiatives during the past year in an attempt to counter claims that its review processes for domestic products is driving the development of drugs and devices to overseas markets. The Agency also has improved its capacity to review products imported from overseas by undertaking initiatives with foreign agencies and stationing more FDA employees in foreign countries. The FDA increased the number of warning letters and other enforcement actions. The FDA added two new topics of enhanced authority during the year. One was an expansion of its regulatory authority over foods, and the second was new authority to regulate certain tobacco products. The former is being subjected to some review by the courts, and the scope of its authority over tobacco is the subject of ongoing major litigation. The Federal Trade Commission (FTC) and Securities and Exchange Commission (SEC) are unlikely to experience significant change regarding their regulation of Manufacturers. The FTC, as it has for many years, continues to try to prevent "reverse" payments to generic drug manufacturers by Innovator Manufacturers to diminish generic drug competition, and proposed legislation is

  5. 5 CFR 2430.12 - Administrative Law Judge's decision; contents; service; transfer of case to the Authority...

    Science.gov (United States)

    2010-01-01

    ... Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS... FEDERAL LABOR RELATIONS AUTHORITY AWARDS OF ATTORNEY FEES AND OTHER EXPENSES § 2430.12 Administrative Law... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge's...

  6. [Urology facing the courts. The basis of professional responsibility].

    Science.gov (United States)

    Haertig, A; Haillot, O; Chopin, G

    1989-01-01

    The liability of the urologist can be involved according to 3 procedures: The civil procedure is that of the Tribunal de Grande Instance (High Court) then the Cour d'Appel (Court of Appeal). Financial compensations are claimed from the surgeon for not respecting the medical contact. This contract is tacit, oral and carries obligations for the surgeon. The administrative procedure is that of the Tribunal Administratif (Administrative Court) then the Conseil d'Etat (Council of State). This only concerns the salaried surgeon in his salaried activities. The penal procedure is that of the Tribunal Correctionnel (Criminal Court) then the Cour d'Appel (Court of Appeal). The surgeon is then charged with a crime, usually unintensional injuries or through negligence. Although the harlm is easy to prove, the reality of the fault of the surgeon and the relation between fault and damage are far less so. It is the plaintiff (Civil Course, Administrative Cours) or the State Prosecutor (Penal Course) who must prove the fault and causality by the help of an expert's report. So, the responsibility of the surgeon can be committed. However, the development of the insurance system has allowed more widespread compensation without any fault found on the surgeon's part and increasingly frequent conciliatory procedures.

  7. The Right to Minority Language Public School Education as a Function of the Equality Guarantee: A Reanalysis of the "Gosselin" Supreme Court of Canada Charter Case

    Science.gov (United States)

    Grover, Sonja

    2006-01-01

    This paper concerns a recent Supreme Court of Canada decision dealing ostensibly with the protection of language minority rights. The case, in fact, however, concerns the Court imposing statutory limits on constitutionally guaranteed equality and liberty rights. The Court in the instant case held as constitutional Quebec legislation permitting…

  8. Evaluating Court Performance: Findings from Two Italian Courts

    Directory of Open Access Journals (Sweden)

    Luis Lepore

    2012-12-01

    Full Text Available This study is part of a wider research project aimed at developing and testing a Performance Measurement System (PMS for courts based on a Balanced Scorecard (BSC framework. The current study represents an initial effort to describe results of a performance measurement attempt that may suggest some challenges in developing a comprehensive PMS for courts. We have tried to assess the performance in two Italian courts focusing on three issues: efficiency measures (clearance rates, case turnover, and disposition time, culture assessment, and Information Systems (IS success. Our findings provide some useful and interesting insight for researchers and practitioners.

  9. Health: Policy or Law? A Population-Based Analysis of the Supreme Court's ACA Cases.

    Science.gov (United States)

    Parmet, Wendy E

    2016-08-16

    This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby However, in its more recent Affordable Care Act decision, King v. Burwell, the health legal norm is once again evident. Whether the Court will continue to treat health as a legal norm will prove critical to the deference and weight it grants health policies in the future.

  10. In the public interest: intellectual disability, the Supreme Court, and the death penalty.

    Science.gov (United States)

    Abeles, Norman

    2010-11-01

    This article deals with a case that recently came before the U.S. Supreme Court. The issues involved whether attorneys provided effective assistance to a person convicted of murder when no mitigating evidence was presented (either strategically or by neglect) to the jury concerning the intellectual disabilities of their client during the death penalty phase of the trial. The Supreme Court had previously ruled that the death penalty for intellectually disabled individuals (mentally retarded) constituted cruel and unusual punishment. In this case the attorneys made a strategic decision not to present possibly mitigating evidence for the death penalty phase. The Supreme Court considered whether the appeals court abdicated its judicial review responsibilities. The results of psychological evaluations are presented, and the decisions of the Supreme Court are discussed.

  11. Abortion and the law: the Supreme Court, privacy, and abortion.

    Science.gov (United States)

    Marsh, F H

    1997-01-01

    This article examines the impact of the continuing politicization of the abortion issue in the US on the rights of women and on the emerging concept of fetal rights. The introduction 1) attributes the "final and total politicization" of a woman's right to control her reproduction to the "undue burden" standard introduced by the Supreme Court in its 1992 Casey decision and 2) claims that, if unchecked, the concept of fetal rights may give the state's interest in protecting potential life supremacy over women's rights. The next section presents an in-depth discussion of the politicization of the right to abortion that covers such topics as how the courts before Casey became the forum for debating abortion policy, how the "undue burden" standard fails to set definite parameters of acceptable state behavior, how the Casey decision in effect abandons the trimester-based framework of reference provided in Roe vs. Wade, how Casey allows states to subtly coerce women seeking abortions, how the Casey decision failed to reduce the intense politicization of abortion, and how the court failed to protect individual rights to health care and abortion funding from states. Part 3 of the article begins its exploration of the concept of "fetal rights" with a sketch of the history of this concept in the US courts starting in 1884 when damages for miscarriage were denied. Ways in which fetal rights compete with the rights of a pregnant woman are described, the Supreme Court is blamed for allowing states to develop this concept, and issues of patient confidentiality versus reporting requirements are considered. It is concluded that the Supreme Court will have to act to limit fetal rights.

  12. 5 CFR 838.931 - Court orders that provide temporary awards of former spouse survivor annuities.

    Science.gov (United States)

    2010-01-01

    ... awards of former spouse survivor annuities. 838.931 Section 838.931 Administrative Personnel OFFICE OF... BENEFITS Terminology Used in Court Orders Awarding Former Spouse Survivor Annuities Miscellaneous Provisions § 838.931 Court orders that provide temporary awards of former spouse survivor annuities....

  13. 77 FR 71687 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998

    Science.gov (United States)

    2012-12-04

    ... RIN 3206-AM67 Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998... the court order expressly provides that an individual receive Federal Employee's Group Life Insurance... Administrative practice and procedure, Government employees, Hostages, Iraq, Kuwait, Lebanon, Life...

  14. Medication Abortion Through Telemedicine: Implications of a Ruling by the Iowa Supreme Court.

    Science.gov (United States)

    Yang, Y Tony; Kozhimannil, Katy B

    2016-02-01

    In summer 2015, the Iowa Supreme Court unanimously struck down a restriction that would have prevented physicians from administering a medication abortion remotely through video teleconferencing. In its ruling, the Iowa Supreme Court stated that the restriction would have placed an undue burden on a woman's right to access abortion services. It is crucially important for clinicians--especially primary care clinicians, obstetrician-gynecologists (ob-gyns), and all health care providers of telemedicine services--to understand the implications of this recent ruling, especially in rural settings. The Court's decision has potential ramifications across the country, for both women's access to abortion and the field of telemedicine. Today telemedicine abortion is available only in Iowa and Minnesota; 18 states have adopted bans on it. If telemedicine abortions are indeed being unconstitutionally restricted as the Iowa Supreme Court determined, court decisions reversing these bans could improve access to abortion services for the 21 million reproductive-age women living in these 18 states, which have a limited supply of ob-gyns, mostly concentrated in urban, metropolitan areas. Beyond the potential effects on abortion access, we argue that the Court's decision also has broader implications for telemedicine, by limiting the role of state boards of medicine regarding the restriction of politically controversial medical services when provided through telemedicine. The interplay between telemedicine policy, abortion politics, and the science of medicine is at the heart of the Court's decision and has meaning beyond Iowa's borders for reproductive-age women across the United States.

  15. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  16. THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-06-01

    Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analysed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

  17. National Courts of Last Instance Failing to Make a Preliminary Reference

    DEFF Research Database (Denmark)

    Broberg, Morten

    2016-01-01

    According to Article 267 of the Treaty on the Functioning of the European Union (TFEU), Member State courts may – and sometimes must – refer questions on the interpretation or validity of EU legal measures to the Court of Justice of the European Union for a binding preliminary ruling. But what ar......’s judgment, and there may also be a requirement on Member State administrative authorities to reopen the case file if, after the ruling by the Member State court, it becomes apparent that this court erred with regards to EU law....

  18. Law Enforcement Efforts Against Contempt Of Court As The Judges Shield In Indonesian Justice System

    Directory of Open Access Journals (Sweden)

    Wisnu Baroto

    2015-08-01

    Full Text Available Abstract The contempt of court basically is one of criminal offenses against the administration of justice which as a whole deals with the criminal justice system. The contempt of court cases that occurred in Indonesia but the enforcement of the law against the contempt of court is an issue that is never-ending. The provisions of contempt of court are necessary to ensure the position trust authority and integrity of the court in the judicial process including all matters relating to the judicial process. Guarantee that once the public interest to take action against any violation as an endorsement of the judicial process the rights of the public to ensure a fair trial and protecting privacy. On the other hand there is also a public interest that cant be ignored in any democratic society namely the right to freedom of speech and expression. A manifestation of contempt of court is a speech writing pictures or other expressions that can be categorized as a contempt of court. In other words contempt of court is a restriction of the right to freedom of speech opinion and expression. How to limit the collision of the purposes of enforcing the provisions of contempt of court with the right to freedom of speech freedom of opinion and expression. Preparation of deeds category and procedures for enforcement of contempt of court must be specifically and carefully.

  19. Estimated economic benefits from low-frequency administration of atypical antipsychotics in treatment of schizophrenia: a decision model

    Directory of Open Access Journals (Sweden)

    Furiak Nicolas M

    2012-11-01

    Full Text Available Abstract The objective of this study was to quantify the direct medical resources used and the corresponding burden of disease in the treatment of patients with schizophrenia. Because low-frequency administration (LFA of risperidone guarantees adherence during treatment intervals and offers fewer opportunities to discontinue, adherence and persistence were assumed to improve, thereby reducing relapses of major symptoms. A decision tree model including Markov processes with monthly cycles and a five-year maximum timeframe was constructed. Costs were adapted from the literature and discounted at a 3% annual rate. The population is a demographically homogeneous cohort of patients with schizophrenia, differentiated by initial disease severity (mildly ill, moderately ill, and severely ill. Treatment parameters are estimated using published information for once-daily risperidone standard oral therapy (RIS-SOT and once-monthly risperidone long-acting injection (RIS-LAI with LFA therapy characteristics derived from observed study trends. One-year and five-year results are expressed as discounted direct medical costs and mean number of relapses per patient (inpatient, outpatient, total and are estimated for LFA therapies given at three, six, and nine month intervals. The one-year results show that LFA therapy every 3 months (LFA-3 ($6,088 is less costly than either RIS-SOT ($10,721 or RIS-LAI ($9,450 with similar trends in the 5-year results. Moreover, the model predicts that LFA-3 vs. RIS-SOT vs. RIS LAI therapy will reduce costly inpatient relapses (0.16 vs. 0.51 vs. 0.41. Extending the interval to six (LFA-6 and nine (LFA-9 months resulted in further reductions in relapse and costs. Limitations include the fact that LFA therapeutic options are hypothetical and do not yet exist and limited applicability to compare one antipsychotic agent versus another as only risperidone therapy is evaluated. However, study results have quantified the potential health

  20. First Year at Somerset Court

    Science.gov (United States)

    Elgar, Sybil

    1975-01-01

    Twenty-three autistic adolescents are currently being provided with individualized programs of education, social and work experience at Somerset Court, the first British residential center of its kind. (LH)

  1. "California v. Greenwood" Moot Court Simulation.

    Science.gov (United States)

    Hess, Diana

    1989-01-01

    Provides a moot court activity in which secondary students re-enact the U.S. Supreme Court case "California v. Greenwood," concerning the exclusionary rule and the privacy of a citizen's trash. Students role-play Supreme Court justices and attorneys to gain an understanding of how appellate courts operate. (LS)

  2. Three Years of Teen Court Offender Outcomes

    Science.gov (United States)

    Forgays, Deborah Kirby

    2008-01-01

    Since 1983, Teen Courts have offered a judicial alternative for many adolescent offenders. In the first year of the Whatcom County Teen Court Program, a small sample of Teen Court offenders had more favorable outcomes than did Court Diversion offenders. In the current study, the results are based on a three-year sample of 84 Whatcom County…

  3. Court interpreting and pragmatic meaning

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction.......In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction....

  4. THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION

    Directory of Open Access Journals (Sweden)

    SIMONA TACHE

    2012-05-01

    Full Text Available Article 522 ind.1 Criminal procedure code, governing the referral back to court in case of extradition, refers to article 405-408 provisions review applicable to appeal, but this reference is limited to retrial procedure and solutions that can be pronounced by the court.The review procedure and the retrial procedure after extradition have a distinct finality: if the review involves removal of essential errors to the facts withheld in a final decision, the purpose of referral back to court in case of extradition is to guarantee the right of of extradited person, who was tried and convicted in the absence, to have a fair trial and, mainly, to exercise the right to defence in a new procedural cycle, which implies the possibility for the person to be heard, to question the witnesses or other parts of the process and to administer favorable evidence, both on the facts, as well as circumstantial.

  5. Assessing the Courts in Russia: Parameters of Progress under Putin

    Directory of Open Access Journals (Sweden)

    Peter H. Solomon

    2008-10-01

    Full Text Available The Soviet legacy included courts that were dependent and weak, and whose reform had only just begun. The Yeltsin era witnessed considerable progress in making judges more independent and powerful, but the efforts were seriously constrained by budgetary shortcomings and paralysis in the legislative approval of needed procedural changes. As we shall see, the Putin administration overcame both of these obstacles and at the same time began addressing the thorny question of how to make courts and judges accountable without undue harm to their independence. It also started to address the scepticism about the courts among a significant part of the public, through efforts to improve media coverage, make information about courts more available, and make courts user friendly. While praiseworthy and bound to improve the reality and the perception of the administration of justice overall, these initiatives did not end attempts to exert influence on judges and case outcomes by powerful people (in the public and private sectors or the mechanisms that facilitated their efforts. This essay begins by identifying criteria for assessing the quality of the administration of justice in any country, including in the post-soviet world and suggesting specific markers (usually qualitative connected to each of the criteria developed above. Then, the essay provides an account of relevant policy initiatives in judicial reform undertaken first under Yeltsin and then in the Putin years. The essay goes to provide an assessment of the state of the courts in the Russian federation in 2007 in the light of the criteria and markers supplied in the first section. It concludes with a look to the future, and the identification of crucial markers of change for the post-Putin era.

  6. The Development of the Right to Public Participation in Environmental Matters as a New Concept of Administrative Decision Making in Serbia

    Directory of Open Access Journals (Sweden)

    Mirjana DRENOVAK-IVANOVIC

    2015-02-01

    Full Text Available In recent years, environmental law and pol-icy have undergone a change of governance models, shifting from central state, top-down regulation to more transparent, local decision making structures involving private companies, non-governmental organizations, concerned cit-izens and interest groups. The Aarhus Conven-tion became a part of the Serbian legal system in 2009. Its provisions not only strengthen third-par-ty rights to participate, but furthermore oblige state authorities to be active in involving citizens in environmental decisions. The question arises about the extent of consequences of this devel-opment at the international level for the national legal system.Analysis of the implementation of the Gen-eral Administrative Procedural Act (GAPA and the Law on Environmental Protection in Serbia shows that social actors used to be allowed to participate in citizen’s forums and decision mak-ing in environmental matters, and their role was important only if they were directly and individu-ally concerned. This situation changed partially in 2004 with the adoption of new laws. The article examines recent cases in which the public and public concerned were not able to participate in environmental decision making, even though the law stipulated such a possibility. The article examines the consequences of implementing a new model, where representatives of collective interests would be able to infuence environmen-tal decision making, proposed by the Draft of the new GAPA.

  7. The Value Orientation of Public Participation in Administrative Decision-making%公众参与在行政决策中的价值定位

    Institute of Scientific and Technical Information of China (English)

    吴克强; 刘显庆

    2012-01-01

    The public participation in administrative decision-making has become one of the main guiding criteria to implement administration according to law,strengthen the construction of the government by rule of law.Taking the stakeholders impacted by administrative decisions into consideration in the government decision-making system,can not only contribute to the legality of administrative decision itself,democracy and acceptance of the policy.More importantly,it satisfies the government's requirements of ascension,civil society development and the citizen's improvement of the subject consciousness of citizenship.The past related theories defines public participation administrative decision-making vaguely,lacking clear system for value positioning which fail the efforts for its lasting efficiency and institutionalization;the problem also exist in its "procedural weakness".Aiming to solve these problems,a clear understanding of value orientation is needed.%公众参与行政决策已成为政府推行依法行政、加强法治政府建设的主要考量标准之一。将受行政决策影响的利益相关人纳入到政府决策系统中去,不仅关系到行政决策本身的合法性、民主性和可接受性,更重要的是要与政府自身要求的提升、公民社会不断发展和公民主体意识提高相契合。而过往理论界对于公众参与在行政决策中模糊、缺乏明确系统的价值定位阻却公众参与行政决策长效化、制度化;公众参与在行政决策之应然定位中仍然存在着"程序性虚弱"的问题。回应这些问题就必须对公众参与在行政决策中的价值定位有一个清晰的认识。

  8. The Supreme Court of the Estonia : 3-4-1-7-2001 decision of the Supreme Court en banc of 11 October 2001 : review of the petition of Tallinn Administrative Court to declare clause 28 (1) 6) of the Weapons Act invalid

    Index Scriptorium Estoniae

    2001-01-01

    Riigikohtu lahendi 3-4-1-7-01 (Tallinna Halduskohtu taotlus kontrollida Relvaseaduse § 28 lg 1 p 6 vastavust Põhiseaduse §-le 11) tekst inglise keeles. - Lisatud: Dissenting opinion by Lea Kivi, Lea Laarmaa, pp. 163-165

  9. Bias in collegiate courts

    OpenAIRE

    Olowofoyeku, AA

    2016-01-01

    This article addresses the issues attending common law collegiate courts’ engagements with allegations of bias within their own ranks. It will be argued that, in such cases, it would be inappropriate to involve the collegiate panel or any member thereof in the decision, since such involvement inevitably encounters difficulties. The common law’s dilemmas require drastic solutions, but the common law arguably is illequipped to implement the required change. The answer, it will be argued, is ...

  10. Development of a Self-Assessment Tool to Facilitate Decision-Making in Choosing a Long Term Care Administration Major

    Science.gov (United States)

    Johs-Artisensi, Jennifer L.; Olson, Douglas M.; Nahm, Abraham Y.

    2016-01-01

    Long term care administrators need a broad base of knowledge, skills, and interests to provide leadership and be successful in managing a fiscally responsible, quality long term care organization. Researchers developed a tool to help students assess whether a long term care administration major is a compatible fit. With input from professionals in…

  11. Supreme Court eases restriction on group homes for disabled.

    Science.gov (United States)

    1995-06-16

    The Supreme Court ruled, in a six to three decision, that municipalities may not use occupancy limits to bar the establishment of group homes in residential settings if those limits do not apply to families as well. This ruling has made it harder for municipalities to prevent group homes for people with disabilities from locating in single-family neighborhoods. The court held that single-family zoning laws in Edmonds, WA, which forbid occupancy by more than five unrelated people, are not exempt from coverage under the Fair Housing Amendment Act (FHAA) because they do not apply to all people. The case which spurred the court ruling began when the City of Edmonds issued criminal citations against Oxford House-Edmonds, an alcohol and drug addiction treatment group home for ten to twelve adults, for violating the zoning law limiting to five the number of unrelated people allowed to live in a single-family home. The decision establishes a rule for the lower courts that local ordinances are not automatically exempt and must be measured against the anti-discrimination provisions of the Fair Housing Act.

  12. Nosocomial infection and civil liability in Brazilian courts

    Directory of Open Access Journals (Sweden)

    CARVALHO DA SILVA, José Marcio

    2015-07-01

    Full Text Available Nosocomial infection is notoriously one of the primary problems faced by healthcare insti-tutions and by professionals who work for them. This fact is demonstrated by the growing number of legal actions proposed in the legal system by patients and users of the health care system. Because of this scenario, the phenomenon of civil liability has arisen in cases of noso-comial infection. The legal implications of this phenomenon are varied and involve issues of the institutional environment and of professional conduct. Thus, the current study seeks to analyze the literature on the decisions taken by Brazilian courts regarding civil liability in cases of nosocomial infection. Conceptual aspects that define this healthcare problem are listed, as are the types of civil liability, the legal directives that guide conduct regarding this topic, and the decisions of Brazilian courts that consider civil liability in these cases. It was determined that the courts have been supported by the distinction between objective civil liability and subjective civil liability; additionally, it was determined that these courts are guided by the understanding of the existing service relationship between the institution or health care professional and the patient or user of the health care system.

  13. 内部行政行为纳入行政诉讼受案范围之法要素分析--最高人民法院公布的第22号指导案例评析%On the Legal Factor of Incorporating Internal Administrative Act into Acceptance Range of Administrative Procedure:The Analysis of the 22nd Guiding Case Published by Supreme People's Court

    Institute of Scientific and Technical Information of China (English)

    褚丽; 彭凤莲

    2015-01-01

    Except for the personnel management that has been clearly excluded from the acceptance range of administrative procedure, Chinese legal system doesn't define the extent of application of incorporating internal administrative act into acceptance range of administrative procedure. The 22nd guiding case published by supreme people's court has given an opinion about this issue. Supreme people's court doesn't clearly define the foundation, such as "externalization of internal act", "exercise of administrative power", "practical effect of rights and obligations", of incorporating internal administrative act into acceptance range of administrative procedure. The options are also widely divided in theoretical circles. As a systematic arrangement which embodies the judicial righteousness and judicial activeness, the foundation elements and logic relationship of incorporating internal administrative act into acceptance range of administrative procedure, should be made more clear and practical. It is“practical effect of rights and obligations“but not "externalization of internal act" and "exercise of administrative power", which constitutes the necessary element of incorporating internal administrative act into acceptance range of administrative procedure.%除了具有人事性质的内部行政行为被立法明确排除在行政受案范围之外,其他内部行政行为是否属于行政诉讼受案范围,我国法律并未明确表达。最高人民法院公布的第22号指导案例表明其对该问题的基本态度。然而最高人民法院对于裁判内部行政行为可诉性的根本依据,如,“外化实施”、“行政职权行使”、“权利义务实际影响”等没有进行明确释明,理论界亦说法不一。作为一项体现司法公正与司法能动的制度实践安排,内部行政行为纳入行政诉讼受案范围之判定,要走向成熟,需要明晰提炼其应具备的构成要素,明晰在司法实践中的逻

  14. Teen Court: A National Movement. Technical Assistance Bulletin No. 17.

    Science.gov (United States)

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  15. Teen Courts and Law-Related Education. ERIC Digest.

    Science.gov (United States)

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  16. Race-Sensitive Admissions in Higher Education: Commentary on How the Supreme Court Is Likely To Rule.

    Science.gov (United States)

    Bell, Derrick; Kehlenberg, Richard D.; Dorf, Michael C.; Tushnet, Mark V.; Delgado, Richard; Stefancic, Jean

    1999-01-01

    Six legal scholars suggest possible outcomes of a future Supreme Court ruling on affirmative action in student admissions to higher education. The scholars examine other Supreme Court decisions and look at the impact that different justices and different presidents would have on an affirmative action ruling. (SM)

  17. Written Justifications of Judgments of Utrecht District Court : An Empirical Study on the Relationship between Case Characteristics and Text Characteristics

    NARCIS (Netherlands)

    Langbroek, Philip; Van Der Velde, Mandy; Van Der Linden, Tina

    2015-01-01

    The primary function ofwritten judgments is to legitimize the decision of the court. In the Netherlands, The judiciary perceives a gap between itself and the general public. Laypeople seem to understand little of the work of the courts. An important question is: For whom do judges write their judgme

  18. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine...... approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...

  19. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    In April 2010, the Brazilian Supreme Federal Court (Supremo Tribunal Federal, or STF) controversially decided to uphold the country’s amnesty law, which currently prevents prosecutions for violations of human rights committed during the military dictatorship. However, the Inter-American Court...... of Human Rights immediately followed with an opposing view in the Araguaia case, declaring that the amnesty law lacks effect under the American Convention on Human Rights. Brazilian society now faces an unprecedented challenge: can it expect its domestic courts to implement such international obligations......? Drawing upon the prospects that a renewed STF may revisit the case in response to the mounting pressures of Araguaia, this article examines the complex legal issues that remain around the enforceability of international justice under Brazil’s constitutional framework. The analysis suggests that different...

  20. The wicked in court: a neuroscientific primer.

    Science.gov (United States)

    Tobeña, Adolf

    2013-09-01

    The criminal cases of Anders Breivik, the Norwegian shooter, and Bernard Madoff, the fraudulent American financier, are used as prominent examples of the complexity that courts have to explore when judging the severity and responsibility of felonies performed by different types of psychopaths. I outline the brain circuits subserving morally charged decisions in ordinary citizens and in patients with gross lesions in the same areas, along with singularities in these brain systems that have been detected in psychopaths. These neural signatures, combined with thorough neuropsychological examination, will hopefully improve the diagnoses and prognoses of criminals with dangerous psychopathic traits. In this respect, the profiles of incarcerated members of gangs are used to exemplify and distinguish among typical niches and varieties of psychopathy within criminal organizations. A discussion follows, presenting the complexities of novel research that is increasing the sophistication of these challenging but key intersections between neuroscience and law.

  1. THE RIGHT TO AN INDEPENDENT COURT OF LAW. THEORETICAL ASPECTS. THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    MIRCEA DAMASCHIN

    2011-04-01

    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. thejudges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice1. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  2. THE RIGHT TO AN INDEPENDENT COURT OF LAW. THEORETICAL ASPECTS. THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2011-08-01

    Full Text Available International specialized literature approaches the concept of court of law from two perspectives: on the one hand, this concept refers to the court of law, regarded as a key linking element within the unitary judicial system, and, on the other hand, to the panel of judges, regarded as the main subject of the criminal procedure, i.e. the judges who take part in trying a criminal case. In a criminal case, the court of law plays the most important role and its main attribute is the function of jurisdiction, which represents the sum of powers granted to a magistrate for the administration of justice. The court of law plays a significant role in the rule of law state; thus, both at national and international level, attempts are made in order to set up a legal framework consisting of norms issued by national lawmakers or by official international institutions or by some magistrate associations or NGOs. All these efforts are meant to underline the significant role that the judiciary plays in a rule of law democratic society. In this study we shall try to analyse the concept of “independent court of law”, as this is presented in the national system of law, in its specific norms that are provided by international normative acts and in the principles deriving from the ECHR case-law.

  3. 行政处罚决定书的论证与反驳%Argument and Refutation on the Decision of Administrative Penalty

    Institute of Scientific and Technical Information of China (English)

    闫文彤

    2016-01-01

    本文对动物卫生监督执法案例的行政处罚决定书进行了分析,将决定书分为案由、违法条款、处罚依据和处罚内容四个要点,并将这四个要点翻译为四个命题。通过这对四个命题进行逻辑推理,提出了相应的逻辑语言符号。进一步运用这四个要点的逻辑符号进行推理,提出了处罚决定书的论证方法、违法条款的认证方法和针对处罚决定意见存在异议时的反驳方法。%Based on cases about animal health supervision and law enforcement,analysis on the written decisions of administrative penalty was carried out. According to the analysis,these decisions of administrative penalty contained four important statements that can be translated into four propositions. By logical deduction,corresponding logical linguistic signs were raised,and through further logical deduction using the logical signs,three treatment methods for such cases were proposed,which included demonstrating method for the written decisions of penalty,authentication method for illegal provisions,and refutation method when disagreeing the penalty decisions.

  4. English as a Court Language in Continental Courts

    NARCIS (Netherlands)

    C. Kern (Cristoph)

    2013-01-01

    markdownabstract__Abstract__ Most recently, several countries on the European continent have admitted, or are discussing to admit, English as an optional court language. This article provides some information about the background of these recent initiatives, projects and reforms, clarifies the idea

  5. 42 CFR 405.1130 - Effect of the MAC's decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Effect of the MAC's decision. 405.1130 Section 405....1130 Effect of the MAC's decision. The MAC's decision is final and binding on all parties unless a Federal district court issues a decision modifying the MAC's decision or the decision is revised as...

  6. Justice, Professionalism and Politics in the Exercise of Judicial Review by Brazil’s Supreme Court

    Directory of Open Access Journals (Sweden)

    Fabiana Luci Oliveira

    2008-12-01

    Full Text Available This study analyses interactions between Law, professionalism and politics. The primary intent is to understand the judicial behaviour of Brazil’s Supreme Court in the development and consolidation of democracy, by analysing how its justices voted in decisions regarding the constitutionality of laws (judicial review in the 1988-2003 period and investigating factors that influenced the Court’s decisions. These decisions are analysed both quantitatively and qualitatively in search of: a voting differences corresponding to the career of each member of the Court; b justices’ attitudes as either Constitution interpreters or reproducers of legal texts; and c the rapporteur’s profile, as well as the profiles of the justices that voted with him/her. I conclude that although political factors do shape the decision-making process of Brazil’s Supreme Court to some extent, professionalism plays a central role in determining its judicial behaviour.

  7. Review of Significant Immigration Cases Decided by the Federal Courts in 1985. Legal Report.

    Science.gov (United States)

    Isgro, Francesco

    1985-01-01

    Reviews immigration laws and Federal Court decisions of 1985 establishing precedents for immigration litigation. Focuses on decisions concerning asylum and deportation; agricultural workers; adjustment of immigrant status; and deferred action. Argues that the recent sharp increase in immigration litigation indicates a need for immigration reform…

  8. "Schaffer v. Weast": The Supreme Court on the Burden of Persuasion when Challenging IEPS

    Science.gov (United States)

    Conroy, Terrye; Yell, Mitchell L.; Katsiyannis, Antonis

    2008-01-01

    On November 14, 2005, the U.S. Supreme Court announced its decision in "Schaffer v. Weast." This special education decision concerned which party bears the burden of persuasion when parents challenge a school district's Individualized Education Program (IEP) in a due process hearing. In this article, we define burden of persuasion and…

  9. Supreme Court Rulings on Abortion: Roe v. Wade and Selected Progeny

    Science.gov (United States)

    Uerling, Donald F.

    2006-01-01

    Abortion is one of the most controversial and contentious issues of our time. Few topics generate as much public debate or leave as little room for political compromise. This article presents a discussion of selected United States Supreme Court decisions on abortion and the legal reasoning supporting those decisions. It should be noted initially…

  10. Application of SIG and OLAP technologies on IBGE databases as a decision support tool for the county administration

    Directory of Open Access Journals (Sweden)

    REGO, E. A.

    2008-06-01

    Full Text Available This paper shows a Decision Support System development for any brazilian county. The system is free of any costs research. For doing so, one uses the datawarehouse, OLAP and GIS technologies all together with the IBGE's database to give to the user a query building tool, showing the results in maps or/and tables format, on a very simple and efficient way.

  11. Practice and Discourse of Judicial Operators in their Decisions of Migration Control: The Case of the Federal Administrative Justice in the City of Buenos Aires

    Directory of Open Access Journals (Sweden)

    Lila García

    2016-01-01

    Full Text Available This paper proposes to investigate the practice and discourse of the judicial operators of the federal administrative justice in the Federal City of Buenos Aires, which is the judiciary base established by the Argentine Migration Law (No. 25,871 to authorize or take part in the migration control decisions made by the Immigration Board (Dirección Nacional de Migraciones, DNM. This investigation goes from the doctorate research, focused primarily on federal administrative files and resolutions where DNM has intervened for the period 2004-2010. Upon these primary sources, which operated as means to review the Argentine migration policy, and its materiality, some exponents were chosen to think what they show about this judicial doing and saying in migration matters: the practice of “no-serve notice”, the references to delinquency, an upper-valuation in family issues and a negative to become part of the process.

  12. ADMINISTRATIVE CONTRACTS. DELIMITATIONS

    Directory of Open Access Journals (Sweden)

    Liana Teodora PASCARIU

    2016-12-01

    Full Text Available Article examines whether all contracts of public persons are administrative contracts; in other words, if the administration may conclude contracts that, according to their legal nature, are not administrative. If we start from the definition of administrative contracts as it appears in Law no. 554/2004, these include contracts by public authorities which concern the enhancement of public property execution of works of public interest, public services, public procurement and other administrative contracts provided by special laws and subject to the jurisdiction of the administrative courts.

  13. Italian Constitutional Court removes the prohibition on gamete donation in Italy.

    Science.gov (United States)

    Benagiano, Giuseppe; Filippi, Valentina; Sgargi, Serena; Gianaroli, Luca

    2014-12-01

    In 2004, The Italian Constitutional Court prohibited treatments involving gamate donation, embryo donation, embryo cryopreservation (except under exceptional circumstances), and the transfer of more than three embryos. Basically three statements were made by the Court: the ban violates a couple's fundamental right to health, to self-determination and to have a child. Here, the consequences of such a decision and the legal challenges that ensued are discussed.

  14. Case of administrative dispute

    Directory of Open Access Journals (Sweden)

    Xhemazie Ibraimi

    2015-11-01

    Full Text Available The activity of administrative bodies includes big numbers of various acts and actions, through which the will of public administration is formed. The will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in the legal doctrine. The protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as to the judicial control in accordance with legal provisions. The judicial control of administrative acts represents a constitutional guarantee for citizens to protect their rights through public and fair trial by an independent and impartial court. In this way, the Constitution empowers the common administrative court that invalidates an action or administrative act, but not all administrative acts may be subject to administrative dispute, with the exception of cases against which the administrative conflict cannot be carried out (negative enumeration.

  15. Racism? Administrative and Community Perspectives in Data-Driven Decision Making: Systemic Perspectives versus Technical-Rational Perspectives

    Science.gov (United States)

    Khalifa, Muhammad A.; Jennings, Michael E.; Briscoe, Felecia; Oleszweski, Ashley M.; Abdi, Nimo

    2014-01-01

    This case study describes tensions that became apparent between community members and school administrators after a proposal to close a historically African American public high school in a large urban Southwestern city. When members of the city's longstanding African American community responded with outrage, the school district's…

  16. COURT VERDICT ANOMALY THAT DROPPED PUNISHMENT AGAINST CHILDREN UNDER 12 (TWELVE YEARS OLD

    Directory of Open Access Journals (Sweden)

    Sabungan Sibarani

    2015-09-01

    Full Text Available The protection of children is a very serious problem and need to be considered better. That is because the child has a very important role in life of the nation in the future. Author emphasizes research how the legal effect of a District Court decision which is contrary to the Constitutional Court No. 1/PUU-VIII/2010. The author examines the problem with normative legal research methods. The research data shows that the victims are Doni Yoga (DY who was aged 11 years old. Doni Yoga charged with the crime of theft under Article 363 paragraph (1 of the Criminal Code of the theft. The author concluded that the decisions of the cases by Pematangsiantar District Court has been at odds with the law and the Constitutional Court Decision No. 1 / PUU / 8/2010. However, the decision is still to be considered true and valid throughout not be appealed or an appeal that was canceled by court decision on a higher level.

  17. Student Rights and the Courts.

    Science.gov (United States)

    ERIC Clearinghouse on Educational Management, Eugene, OR.

    This chapter of "The Best of the Best of ERIC" contains 17 annotations of documents and journal articles on student rights and the courts, all of which are indexed in the ERIC system. Materials on sex discrimination, suspension and expulsion, due process, mainstreaming, school publications, and other topics are annotated. (DS)

  18. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

    Danish court interpreters are expected to follow ethical guidelines, which instruct them to deliver exact verbatim versions of source texts. However, this requirement often clashes with the reality of the interpreting situation in the courtroom. This paper presents and discusses the findings of a...

  19. Introduction: Staying Out of Court

    NARCIS (Netherlands)

    R. van Swaaningen (René)

    2008-01-01

    textabstractThe ways court procedures can be avoided is a classical theme in socio-legal studies and criminology. The preface to a book published on that theme by the Erasmus School of Law in 1988, on the occasion of its 25th anniversary, covers the then dominant view very well: ‘They [people who ad

  20. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

      This paper reports on an on-going investigation of conversational implicature in triadic speech events: Interpreter-mediated questionings in criminal proceedings in Danish district courts. The languages involved are Danish and English, and the mode of interpreting is the consecutive mode. The c...

  1. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

    Full Text Available This paper studies the creation of Juvenile or Children's Courts in Spain, analysing their reasons and aims, as well as the ethical and political connotations present on their way of acting. Their history and the one of the institutions that complement them is built from the legislation, writings and ideas of their promoters.

  2. Special Administrative Jurisdictions

    Directory of Open Access Journals (Sweden)

    Vasilica Negruț

    2016-05-01

    Full Text Available The Constitution of Romania revised in 2003 establishes the free and voluntary nature of the special administrative jurisdictions, a fact which allows the party concerned to address either the administrative-judicial body or directly the court. If they opted for the administrative-judicial way, it must be followed to the end, then, under the terms established by the law, the party may address the court, under the right of access to justice provided by article 21 of the constitution. The administrative jurisdiction is an activity of solving an administrative litigation by specific procedural rules of judicial procedure, based on the principle of the independence, of insuring the right to defense and the administrative-jurisdictional independence activity, which results in a jurisdictional administrative act. In order to achieve the objectives of the paper, namely to highlight the essential elements of the resolution of litigation according to special administrative jurisdictions, we have achieved an analysis of the legislative acts referring to this activity, of the doctrine and jurisprudence. After examination and empirical research, the paper summarizes and specifies the general conclusions on the role and importance of special administrative courts.

  3. Judicial activism, the Biotech Directive and its institutional implications – Is the Court acting as a legislator or a court when defining the ‘human embryo’?

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

    The Court of Justice of the European Union (Court) delivered a preliminary ruling in 2011 in the case of Oliver Brüstle v Greenpeace on the interpretation of Article 6(2) of the Biotech Directive and thereby established an autonomous concept of the term ‘human embryo’. The Brüstle decision raises......, this autonomous interpretation of ‘human embryo’ and the flexibility allowed to the national courts needed further clarification. This clarification was recently given by the Court’s Grand Chamber in International Stem Cell Corporation v Comptroller General Patents where the Court concluded that a non......-fertilised human ovum, not capable of developing into a human being, is not a ‘human embryo’. Hence, ‘where a non-fertilised human ovum does not fulfil that condition [inherent capacity of developing into a human being], the mere fact that that organism commences a process of development is not sufficient...

  4. Drug-Exposed Infant Cases in Juvenile Court: Risk Factors and Court Outcomes.

    Science.gov (United States)

    Sagatun-Edwards, Inger; Saylor, Coleen

    2000-01-01

    This longitudinal study of social services and juvenile court files identified factors associated with court outcomes for drug exposed infants (N=118). Regression analysis suggested that mothers' compliance with court orders was the major predictor of court outcomes although chi square analysis found ethnicity, past referrals, and criminal record…

  5. The Court in the Homeric Epos

    Science.gov (United States)

    Loginov, Alexandr

    2016-01-01

    The research investigates the court system in Homeric Greece. This period was characterized by a declining culture and scarce works that described those times. Hence, the court procedures of those times remains understudied; therefore, the purpose of this research is to reconstruct theoretically the court procedure in Homeric Greece. Homer's and…

  6. Building a Decision Support System for Inpatient Admission Prediction With the Manchester Triage System and Administrative Check-in Variables.

    Science.gov (United States)

    Zlotnik, Alexander; Alfaro, Miguel Cuchí; Pérez, María Carmen Pérez; Gallardo-Antolín, Ascensión; Martínez, Juan Manuel Montero

    2016-05-01

    The usage of decision support tools in emergency departments, based on predictive models, capable of estimating the probability of admission for patients in the emergency department may give nursing staff the possibility of allocating resources in advance. We present a methodology for developing and building one such system for a large specialized care hospital using a logistic regression and an artificial neural network model using nine routinely collected variables available right at the end of the triage process.A database of 255.668 triaged nonobstetric emergency department presentations from the Ramon y Cajal University Hospital of Madrid, from January 2011 to December 2012, was used to develop and test the models, with 66% of the data used for derivation and 34% for validation, with an ordered nonrandom partition. On the validation dataset areas under the receiver operating characteristic curve were 0.8568 (95% confidence interval, 0.8508-0.8583) for the logistic regression model and 0.8575 (95% confidence interval, 0.8540-0. 8610) for the artificial neural network model. χ Values for Hosmer-Lemeshow fixed "deciles of risk" were 65.32 for the logistic regression model and 17.28 for the artificial neural network model. A nomogram was generated upon the logistic regression model and an automated software decision support system with a Web interface was built based on the artificial neural network model.

  7. 5 CFR Appendix A to Subpart I of... - Recommended Language for Court Orders Awarding Former Spouse Survivor Annuities

    Science.gov (United States)

    2010-01-01

    ... Awarding Former Spouse Survivor Annuities A Appendix A to Subpart I of Part 838 Administrative Personnel... RETIREMENT BENEFITS Terminology Used in Court Orders Awarding Former Spouse Survivor Annuities Pt. 838, Subpt... Spouse Survivor Annuities This appendix provides recommended language for use in court orders...

  8. CONSIDERATIONS UPON ASSIMILATED ADMINISTRATIVE ACTS

    OpenAIRE

    2011-01-01

    Although the classic administrative courts know as object the acts against classic administrative acts, it should not be lost sight of the assimilated administrative acts, which also may be subject to acts in this litigation. Taking in consideration this category of acts, this study will examine the documents falling into this category and the impact that such acts have on public authorities. Given the significant increase of administrative cases that have as object assimilated administrative...

  9. 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.

  10. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

    The focus of this article is the Special Court for Sierra Leone and the extent to which it can be said that the Special Court has already challenged, or will, in the future, challenge the tradition of impunity for gender-based crimes. In this regard, an analysis is undertaken of the Special Court......'s Statute, Rules of Procedure and Evidence and practice to date, in order to determine its treatment of gender-based crimes and whether it can be said that the Special Court for Sierra Leone challenges the tradition of impunity for gender-based crimes. Udgivelsesdato: december 2004...

  11. Pilot study on developing a decision support tool for guiding re-administration of chemotherapeutic agent after a serious adverse drug reaction

    Directory of Open Access Journals (Sweden)

    Chew Lita

    2011-07-01

    Full Text Available Abstract Background Currently, there are no standard guidelines for recommending re-administration of a chemotherapeutic drug to a patient after a serious adverse drug reaction (ADR incident. The decision on whether to rechallenge the patient is based on the experience of the clinician and is highly subjective. Thus the aim of this study is to develop a decision support tool to assist clinicians in this decision making process. Methods The inclusion criteria for patients in this study are: (1 had chemotherapy at National Cancer Centre Singapore between 2004 to 2009, (2 suffered from serious ADRs, and (3 were rechallenged. A total of 46 patients fulfilled the inclusion criteria. A genetic algorithm attribute selection method was used to identify clinical predictors for patients' rechallenge status. A Naïve Bayes model was then developed using 35 patients and externally validated using 11 patients. Results Eight patient attributes (age, chemotherapeutic drug, albumin level, red blood cell level, platelet level, abnormal white blood cell level, abnormal alkaline phosphatase level and abnormal alanine aminotransferase level were identified as clinical predictors for rechallenge status of patients. The Naïve Bayes model had an AUC of 0.767 and was found to be useful for assisting clinical decision making after clinicians had identified a group of patients for rechallenge. A platform independent version and an online version of the model is available to facilitate independent validation of the model. Conclusion Due to the limited size of the validation set, a more extensive validation of the model is necessary before it can be adopted for routine clinical use. Once validated, the model can be used to assist clinicians in deciding whether to rechallenge patients by determining if their initial assessment of rechallenge status of patients is accurate.

  12. Supreme Court rejects challenge to FACE.

    Science.gov (United States)

    1996-10-25

    On October 7, the US Supreme Court declined to hear Skott vs. US, a case challenging the Freedom of Access to Clinic Entrances Act (FACE). The 1994 law makes it a federal crime to use or attempt to use force, threat of force, or physical obstruction to injure, intimidate, or interfere with reproductive health care providers and their patients. The case came to the High Court after the US Court of Appeals for the Seventh Circuit overturned an earlier district court ruling and upheld the constitutionality of the federal statute in December 1995. Six Wisconsin anti-choice protestors, who had been arrested in September 1994 after participating in a blockade of a Milwaukee women's health facility, had successfully petitioned the US District Court for the Eastern District of Wisconsin to dismiss criminal charges based on FACE. While the district court held that Congress had no authority under the Commerce Clause or under the Fourteenth Amendment of the US Constitution to enact FACE, the appellate panel found that the lower court had not given sufficient consideration to congressional findings that the activities restricted by FACE substantially affect interstate commerce and are subject to the regulatory power of Congress. FACE has been upheld by the US Courts of Appeal for the Fourth, Eighth, and Eleventh Circuits and eleven federal district courts. Two district courts have found the law invalid. This marks the third time the High Court has refused to hear a challenge to the law.

  13. Statistical Mechanics of the US Supreme Court

    Science.gov (United States)

    Lee, Edward D.; Broedersz, Chase P.; Bialek, William

    2015-07-01

    We build simple models for the distribution of voting patterns in a group, using the Supreme Court of the United States as an example. The maximum entropy model consistent with the observed pairwise correlations among justices' votes, an Ising spin glass, agrees quantitatively with the data. While all correlations (perhaps surprisingly) are positive, the effective pairwise interactions in the spin glass model have both signs, recovering the intuition that ideologically opposite justices negatively influence each another. Despite the competing interactions, a strong tendency toward unanimity emerges from the model, organizing the voting patterns in a relatively simple "energy landscape." Besides unanimity, other energy minima in this landscape, or maxima in probability, correspond to prototypical voting states, such as the ideological split or a tightly correlated, conservative core. The model correctly predicts the correlation of justices with the majority and gives us a measure of their influence on the majority decision. These results suggest that simple models, grounded in statistical physics, can capture essential features of collective decision making quantitatively, even in a complex political context.

  14. Chinese Judge At WTO Court

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    China had its first judge appointed to the World Trade Organization (WTO) when the world body recently selected four senior jus- tices to its seven-people Appellate Body—top court.Lawyer Zhang Yuejiao was one of the four appointed on November 27 by the Dispute Settlement Body (DSB) for a four-year term.Her tenure will commence on June 1,2008.

  15. Prometheus: the Supreme Court redefines the patentability of diagnostic inventions.

    Science.gov (United States)

    Kumamoto, Andrew; Schmid, Cora L

    2012-12-01

    The United States Supreme Court recently issued an opinion regarding the patentability of claims directed to diagnostic methods in Mayo Collab. Service v. Prometheus Lab., Inc. In this opinion, the Supreme Court held that correlations between metabolite levels in the human body and either therapeutic efficacy or adverse effects are unpatentable laws of nature. It further found that a patent claim to a method including such a correlation is unpatentable if the remainder of the claim contains only conventional and well-known steps. The Prometheus decision creates uncertainty regarding the scope of patentable subject matter, particularly in the fields of diagnostic and personalized medicine, that will remain until future cases apply this new doctrine.

  16. Adaptive interventions may optimize outcomes in drug courts: a pilot study.

    Science.gov (United States)

    Marlowe, Douglas B; Festinger, David S; Arabia, Patricia L; Dugosh, Karen L; Benasutti, Kathleen M; Croft, Jason R

    2009-10-01

    Adaptive interventions apply a priori decision rules for adjusting treatment services in response to participants' clinical presentation or performance in treatment. This pilot study (n = 30) experimentally examined an adaptive intervention in a misdemeanor drug court. The participants were primarily charged with possession of marijuana (73%) or possession of drug paraphernalia (23%). Results revealed that participants in the adaptive condition had higher graduation rates and required significantly less time to graduate from the program and achieve a final resolution of the case. It took an average of nearly 4 fewer months for participants in the adaptive intervention to resolve their cases compared with those participating in drug court as usual. Participants in the adaptive condition also reported equivalent satisfaction with the program and therapeutic alliances with their counselors. These data suggest that adaptive interventions may enhance the efficiency and effectiveness of drug courts and justify examining adaptive interventions in large-scale drug court studies.

  17. THE PROBLEM OF THE THEORY OF ORIGIN OF BRITISH CHANCELLOR OF THE COURT

    Directory of Open Access Journals (Sweden)

    Ilya V. STRIZHAKOV

    2015-01-01

    Full Text Available The history of the English law and its legal institutions is quite confusing and full of controversial, sometimes even contradictory theories. The origin of the jurisdiction of the Court of the Chancellor of the Institute, greatly influenced the legal system of England, is currently the subject of scientific discussions. Among researchers of the legal aspects of medieval English Chancellor of the Kingdom there is no consensus about the reason for her appearance. At the moment, there are two main theories of the origin of the jurisdiction of the Chancellor. One of them links the emergence of judicial functions by delegating certain authority to the Chancellor of the Royal Council, the other, administrative work undertaken by the Office. To show the validity of, any of them, this article will examine the arguments used by adherents of each theory. The author notes that for the Post, the main distinguishing feature of Chancellor lies not in its justice, and its administrative functions. Disputes in the community could be resolved by the Lord of the manor, hundred, or County on the basis of considerations of reason and justice. According to the Post, the Chancellor surpassed them only in power because the decisions they had "all the authority of government". Some supporters of the theory of the origin of the judicial jurisdiction of the Chancellor also argue that initially, the Chancellor dealt with cases related to work of their clerks, their offences, serves, thus, a means to control them. But this inner court was the Treasury, however, its judicial powers were concerned mostly with issues related to the revenue of the crown, and not developed subsequently in a more extensive competence. According to the results in this article, the author concludes that the probability of origin of judicial powers of the Chancellor of its internal judicial activities is extremely small. We believe that this played some role, but a much more significant factor was

  18. Justice blocks and predictability of U.S. Supreme Court votes.

    Directory of Open Access Journals (Sweden)

    Roger Guimerà

    Full Text Available Successful attempts to predict judges' votes shed light into how legal decisions are made and, ultimately, into the behavior and evolution of the judiciary. Here, we investigate to what extent it is possible to make predictions of a justice's vote based on the other justices' votes in the same case. For our predictions, we use models and methods that have been developed to uncover hidden associations between actors in complex social networks. We show that these methods are more accurate at predicting justice's votes than forecasts made by legal experts and by algorithms that take into consideration the content of the cases. We argue that, within our framework, high predictability is a quantitative proxy for stable justice (and case blocks, which probably reflect stable a priori attitudes toward the law. We find that U.S. Supreme Court justice votes are more predictable than one would expect from an ideal court composed of perfectly independent justices. Deviations from ideal behavior are most apparent in divided 5-4 decisions, where justice blocks seem to be most stable. Moreover, we find evidence that justice predictability decreased during the 50-year period spanning from the Warren Court to the Rehnquist Court, and that aggregate court predictability has been significantly lower during Democratic presidencies. More broadly, our results show that it is possible to use methods developed for the analysis of complex social networks to quantitatively investigate historical questions related to political decision-making.

  19. Discrimination against Religious Viewpoints Prohibited in Public Schools: An Analysis of the Lamb's Chapel Decision.

    Science.gov (United States)

    Schimmel, David

    1994-01-01

    In "Lambs Chapel," the Supreme Court struck down a complete prohibition against afterhours use of public schools by religious groups. Summarizes lower court decisions, and then the opinions of Justices White, Scalia, and Kennedy. Examines the Court's consensus about protecting religious perspectives under the Free Speech Clause and the…

  20. The Impact of Teen Court on Young Offenders. Research Report.

    Science.gov (United States)

    Butts, Jeffrey A.; Buck, Janeen; Coggeshall, Mark B.

    This paper reports findings from the Evaluation of Teen Courts Project, which studied teen courts in Alaska, Arizona, Maryland, and Missouri. Researchers measured pre-court attitudes and post-court (6-month) recidivism among more than 500 juveniles referred to teen court for nonviolent offenses. The study compared recidivism outcomes for teen…

  1. 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。

  2. Romanian Constitutional Court and its Active Role in Assuring the Supremacy of the Constitution

    Directory of Open Access Journals (Sweden)

    Emil Balan

    2015-12-01

    Full Text Available Having read this paper, someone should have a general idea of some main constitutional concepts and principles and how they relate to the Romanian legal system. Romanian Constitutional Court is - according to art. 142 (1 of the Romanian Constitution - the guarantor of the Constitution’s supremacy. By virtue of this role, the Constitutional Court shall exercise general control of the compliance with the Constitution and the constitutionality of laws. The quality of guarantor allows the Constitutional Court to exercise an active role so that, throughout the provision of the decisions, but also throughout their considerations, which are imposed with equal force to all the legal issues/all subjects of law, it is put in view that the public authorities have the obligation of conform application of decisions, including of effects determined by them.

  3. Victimological aspects of court judgments

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2012-01-01

    Full Text Available The subject of this paper is the review of the results of the research: „Analysis of judgments form the victimological aspect“ of the Basic court Skopje I in Skopje. It is the first research of it’s kind in the Republic of Macedonia, conducted by the project team of the Faculty of Security in Skopje in the period from January to April 2011. By using the content analysis (for this purpose a special instrument was developed 172 irrevocable court judgment brought in the period 2005-2010 were analyzed, for the following criminal offences: murder, crimes against sexual freedom and sexual morality (sexual assault, severe bodily injuries and insult. The aim of the research was to highlight the victimological dimensions of mentioned criminal offences, while special attention was paid to the role of a victim in a crime, victim‘ s interaction with the perpetrator, individual characteristics of the victim, as well as the characteristics of the time when and the space where the crime occurred.

  4. Your business in court: 2009-2010.

    Science.gov (United States)

    Reiss, John B; Hall, Christopher R; Wartman, Gregory J

    2011-01-01

    During this period, FDA focused considerable effort on its transparency initiative, which is likely to continue into the coming year, as well as continuing to ramp up its enforcement activities, as we predicted last year. The scope of the agency's ability to pre-empt state laws in product liability litigation involving pharmaceutical products still is developing post-Levine, and we are likely to see new decisions in the coming year. Fraud and abuse enforcement still is a major factor facing the industry, with the added threat of personal exposure to criminal sentences, fines and debarment from participation in federal and state programs under the Responsible Corporate Officer doctrine, or under the authorities exercised by the Department of Health and Human Services Office of the Inspector General. Consequently, it is increasingly important that senior corporate officers ensure active oversight of an effective compliance program which should mitigate these risks. The Federal Trade Commission continues to battle consumer fraud, particularly respecting weight loss programs, and it appears to be fighting a losing battle in its effort to prevent "reverse" payments to generic manufacturers by Innovator Manufacturers to delay the introduction of generics to the market. The Securities and Exchange Commission continues to be actively enforcing the Foreign Corrupt Practices Act. The Supreme Court gave shareholders more leeway in bringing stockholder suits in situations where a company conceals information that, if revealed, could have a negative effect on stock prices.

  5. Statistical Mechanics of US Supreme Court

    Science.gov (United States)

    Lee, Edward; Broedersz, Chase; Bialek, William; Biophysics Theory Group Team

    2014-03-01

    We build simple models for the distribution of voting patterns in a group, using the Supreme Court of the United States as an example. The least structured, or maximum entropy, model that is consistent with the observed pairwise correlations among justices' votes is equivalent to an Ising spin glass. While all correlations (perhaps surprisingly) are positive, the effective pairwise interactions in the spin glass model have both signs, recovering some of our intuition that justices on opposite sides of the ideological spectrum should have a negative influence on one another. Despite the competing interactions, a strong tendency toward unanimity emerges from the model, and this agrees quantitatively with the data. The model shows that voting patterns are organized in a relatively simple ``energy landscape,'' correctly predicts the extent to which each justice is correlated with the majority, and gives us a measure of the influence that justices exert on one another. These results suggest that simple models, grounded in statistical physics, can capture essential features of collective decision making quantitatively, even in a complex political context. Funded by National Science Foundation Grants PHY-0957573 and CCF-0939370, WM Keck Foundation, Lewis-Sigler Fellowship, Burroughs Wellcome Fund, and Winston Foundation.

  6. The Right of Access to Court

    Directory of Open Access Journals (Sweden)

    Sokol Mëngjesi

    2015-03-01

    Full Text Available Every person has the right to address the court in order to protect his legal rights, freedom and interests. Access to justice is an important aspect of due process, the absence of which makes inexistent the discussion for respecting the principle of due legal process. Access to the court is a right guaranteed by the Constitution, international acts and is specifically interpreted by the European Court of Human Rights.The right to address the court is not an absolute right. This right can be restricted in cases when there is a due legal aim and the restriction is proportional between the used tools and the aim required to be achieved. Unlike other rights, the right to justice has a particular nature, requiring the relevant rules (deadlines, different procedures, court fees, etc., which are set by the state. However in any case these rules shouldn’t affect the essence of the law itself. In practice there have often been problems, likewise the set of high court fees, the existence of immunity for some functionaries, several criteria (likewise age, ability to act, which have violated the right to address the court. It is not enough that the right to address the court recognized, but it needs to be also effective. In this paper will analyze the right to address the court, as part of due process, cases when this right can be restricted, which is the practice followed by the domestic courts intertwining with the attitude that keeps the European Court of Human Rights.

  7. Social Security Administration - Equal Access to Justice Act Payments

    Data.gov (United States)

    Social Security Administration — A dataset containing payment amounts made by the Social Security Administration for court-approved Equal Access to Justice Act (EAJA) payments for fiscal year data...

  8. The role of the United States Supreme court in securing African Americans’ Civil rights in 1945–1952

    Directory of Open Access Journals (Sweden)

    Sementsov Nikolay Yur’evich

    2013-11-01

    Full Text Available The article dwells on the major United States Supreme court decisions that influenced African Americans’ civil rights progress in 1945-1952. These decisions referred racial segregation in transportation, education, housing and the election system. The Supreme Court reconsidered the federal power in civil rights protection against violations by states, local authorities and private persons. The issue is studied with a brief regard of previous court practice. The study concludes that a significant change in Supreme Court approach to the issue of race took place in 1945–1952. The cases examined allow determining the reasons of the change. They were the new international conditions and the policy of the national executive power. The first one is connected with the international condemnation of Nazi ideology as well as with the need to concur Soviet influence on the new independent sates inhabited by representatives of non-white races. The domestic reason is connected with the personality of president Harry S.Truman. He claimed officially for civil rights reform and turned the attention of all state powers, including the judicial one, to the issue. He gathered a special committee to make recommendations on the civil rights reform. It was also Truman who had formed the personal membership of Supreme court and pointed liberal judge Fred Winson as the court president. Some states had also prepared the basis for the court’s decisions by taking some non-discriminatory measures. The article also includes the comparative evaluation of the Supreme Court and other United States institutions performance in the issue of civil rights. The performance of Congress is determined as incommensurably lower than that of Supreme court. The Supreme Court appearance is regarded as a prerequisite for the followed civil rights movement. But strong opposition of southern states representatives indicated future difficulties of such actions.

  9. Enhancing Residential Treatment for Drug Court Participants

    Science.gov (United States)

    Koob, Jeff; Brocato, Jo; Kleinpeter, Christine

    2011-01-01

    In this study, the authors describe and evaluate the impact of increased access to residential treatment added to traditional drug court services in Orange County, California, with a goal of increasing program retention, successful completion, and graduation rates for a high-risk drug offender population participating in drug court between January…

  10. The Supreme Court in the Culture Wars.

    Science.gov (United States)

    Rabkin, Jeremy

    1996-01-01

    Argues that the U.S. Supreme Court has been an active and liberally biased participant in the U.S. culture war. Historical evidence is presented, including areas of tuition tax credit and segregated private schools, abortion and the Right-to-Life movement, and prayer in public schools. The author discusses how the Supreme Court has strengthened…

  11. The Juvenile Court: Changes and Challenges.

    Science.gov (United States)

    Feld, Barry C.

    2000-01-01

    Explores the changes in the juvenile court system, in particular, the juvenile waiver and sentencing laws, as it transformed from a social welfare agency into a type of criminal court system for young offenders. Addresses whether states should create an integrated juvenile and criminal justice system. (CMK)

  12. The Roberts Court and Academic Freedom

    Science.gov (United States)

    Rahdert, Mark C.

    2007-01-01

    Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v. Ceballos"), Rahdert expresses concern…

  13. Court Seen Balky on Religion Cases

    Science.gov (United States)

    Walsh, Mark

    2010-01-01

    When Chief Justice John G. Roberts Jr. reached his fifth anniversary on the U.S. Supreme Court in late September, observers took note of the court's rightward shift during his tenure in a number of areas, including corporate spending on federal elections and the ways school districts may consider race in assigning students. But at least one…

  14. Why Affirmative Action in Higher Education Is Safe in the Courts.

    Science.gov (United States)

    Katyal, Neal Kumar

    1995-01-01

    Discusses recent Supreme Court decisions that suggest policies of preferential admissions in higher education are safe, at least in the moderate form established in the Bakke case. The article examines the meaning of the Bakke case, reviews the benefits of diversity to higher education, and speculates about the survivability of the Bakke decision…

  15. Affirmative action after the Supreme Court's 1988-1989 term: what employers need to know.

    Science.gov (United States)

    Thacker, R A

    1990-01-01

    Three recent Supreme Court decisions have aroused fears about the future of a key weapon against employment discrimination: the affirmative action plan. The author reviews these cases and pronounces affirmative action alive and well--but warns that thoughtful planning is required to ward off challenges by nonminority groups claiming adverse impact.

  16. Incorporating a Sophisticated Supreme Court Simulation into an Undergraduate Constitutional Law Class

    Science.gov (United States)

    Fliter, John

    2009-01-01

    Role-playing activities and simulations have been popular teaching tools in political science courses for many years. One area where simulations and role-playing activities have been used extensively is constitutional law. These projects can range from a short judicial decision-making scenario to a full-semester Supreme Court simulation involving…

  17. South Africa: constitutional court rejects constitutional challenge to law criminalizing prostitution.

    Science.gov (United States)

    Nelson, John

    2003-04-01

    On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the client guilty of a criminal offence was discriminatory and should be struck down.

  18. The New Parental Rights Challenge to School Control: Has the Supreme Court Mandated School Choice?

    Science.gov (United States)

    Bloom, Ira

    2003-01-01

    Discusses changing framework of American education in light of charter-school movement, school choice and voucher programs, and home schooling. Analyzes potential impact on public education of 2000 Supreme Court decision ("Troxel v. Granville"), involving parents' child visitation rights. Concludes that "Troxel" could…

  19. Arms and the man: the US Supreme Court anno domine 2008

    NARCIS (Netherlands)

    H. Kurzbauer

    2008-01-01

    Commas and other grammatical inflections are more often associated with the basics of legal English than with the lofty decisions of a high court. Yet as every eager law student knows, a grammatical interpretation of legal documents is one of the most important tools for juridical analysis. The lace

  20. High Court Rules that Law Bars Bias against Persons with Contagious Ills.

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

    The Supreme Court has ruled that Section 504 of the Rehabilitation Act of 1973, which protects disabled people from discrimination, covers persons with contagious diseases. This decision is seen as strengthening the rights of people suffering from AIDS as well as other diseases. (MSE)

  1. Test and assessment for the Fiscal Court of the Nation Argentina

    Directory of Open Access Journals (Sweden)

    Analía Soledad Márquez

    2016-06-01

    Full Text Available In the framework of the Chair B of Financial and Tax Law we decided to analyze concerning the Test, kinds of testing, test time, offering and production and its assessment by the Tax Court of the Nation Argentina, on the basis of specialized doctrine and jurisprudence of the Administrative court with judicial functions. We will study the different moments of the test, that is to say, production and assessment regarding the types of evidence available to the parties in this instance. That is, it comes to establishing the criteria for evaluation and validation of proof in tax administrative procedural activity, and practical application.

  2. CONSTITUTIONAL TRADITIONALISM IN THE ROBERTS COURT

    Directory of Open Access Journals (Sweden)

    Louis J Virelli III

    2011-05-01

    Full Text Available The debate over the role of traditionalism in constitutional interpretation has itself become a tradition. It remains a popular and controversial topic among constitutional scholars and presents normative questions that are as divisive, difficult, and important today as at the Founding. Missing from the discussion, however, is a comprehensive account of how the Supreme Court has employed traditionalism-an approach that looks for meaning in present manifestations of longstanding practices or beliefs-in its constitutional jurisprudence. This project is the first to fill this gap by providing an exhaustive and systematic analysis of the Court's use of constitutional traditionalism. This article focuses on the Roberts Court's first five terms to provide an empirical foundation that will not only offer previously unavailable insights into the Court's current traditionalist practices, but will also set forth a useful framework for the ongoing normative debate over traditionalism. This project uses content analysis of key terms to identify every instance in which the Roberts Court employed traditionalism to interpret the Constitution. More specifically, this project set out to answer the following three questions: First, how frequently does the Roberts Court employ traditionalism in its constitutional jurisprudence? Second, how robust is the Court's use of traditionalism (i.e., is it used to interpret a broad or narrow range of constitutional provisions? And finally, how often and in what contexts do individual Justices on the Roberts Court rely on traditionalism in their own constitutional opinions? The research provided here suggests answers to all three of these questions. First, the data indicate that traditionalism has been relied upon regularly by the Roberts Court, appearing in nearly half of the Court's constitutional cases. Second, traditionalism is frequently applied to a wide variety of constitutional provisions: Two-thirds of the

  3. A History of Court and Commoner Clothing in Vietnam

    Directory of Open Access Journals (Sweden)

    Liam C. Kelley

    2016-09-01

    Full Text Available Trần Quang Đức. Ngàn năm áo mũ: Lich sử trang phục Việt Nam giai đoạn 1009–1945 [One thousand years of caps and robes: A history of Vietnamese clothing in the period 1009–1945]. TP Hồ Chí Minh: Nhã Nam, 2013. ISBN: 1467557900. Đức documents in incredible detail the history of the sartorial decisions made at various Vietnamese courts, from Quyền’s time until the end of the Nguyễn dynasty. Based on an extensive examination of Vietnamese, Chinese, European, and even Korean sources—most of which only briefly mention clothing in various periods—Đức has succeeded in producing a comprehensive overview of the clothing of Vietnamese rulers and their officials; when possible, he also comments on the dress of other segments of society, such as the military and commoners. One Thousand Years of Caps and Robes devotes a chapter to each Vietnamese dynasty: the Lý, the Trần, the Lê, the Tây Sơn, and the Nguyễn. Đức begins each chapter with an overview of the history of that dynasty’s styles of court dress and then goes into a detailed description of exactly which types of cap and robe the ruler and his officials wore, and in what ways these caps and robes extended previous practices or were innovations. He follows his examination of court dress with a discussion of military and commoner attire. The chapter introductions provide a concise history of changes in court clothing across time, while the detailed discussions of the caps and robes from each period offer a deeper level of understanding...

  4. Russian Model Of The Administrative Justice

    Directory of Open Access Journals (Sweden)

    Natalja I. Jaroshenko

    2014-12-01

    Full Text Available On December 25, 2014 it would be twenty-one year since the Constitution of the Russian Federation was adopted on the national referendum on December 12, 1993. During this time, almost all constitutional provisions are implemented. The key point of course was the judicial reform in Russia, launched simultaneously with the adoption of Constitution of the Russian Federation. Adopted the new Civil Procedural Code, Criminal Procedural Code, Arbitration Procedural Code of the Russian Federation, Federal Constitutional Law "On the Constitutional Court of the Russian Federation", Federal Constitutional Law "On the courts of general jurisdiction in Russia", Federal Constitutional Law "On the Supreme Court of the Russian Federation". However, during twenty-one year of Russian Constitution work, the question on establishment of administrative courts in our country has not been resolved. Merger of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, which happened in the year 2014, also shown the need to resolve the status of administrative courts in Russia. Previously submitted to the State Duma of the Federal Assembly of the Russian Federation the draft of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation" and is on the revision, which does not correspond to changes in the judicial system of the Russian Federation. Despite the failure of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation", in the opinion of the author, and it should be called that way, it Russia has already developed an own model of the Russian administrative justice, which is very specific.

  5. The Supreme Court upholds parental notice requirements.

    Science.gov (United States)

    1990-01-01

    On June 25, 1990 the US Supreme Court ruled in 2 cases concerned with the constitutionally of 2 state law that required parental notification of minors seeking an abortion. In Hodgson v Minnesota the Court ruled that states may not require 2 parent notification. They can however require that both biological parents be notified if a judicial bypass is provided for minors wishing to keep the matter private. In Ohio v. Akron Center for Reproductive Health the Court upheld a 1 parent notification law which included a judicial bypass clause. The Court however did refuse to decide whether the state must provide the bypass option it is mandates 1 parent notification. In the Hodgson case the courts opinion stated that the state did not have the right to require that family members talk to each other. Also the Court upheld that states may require a 48-hour waiting period between notification and the procedure to give parents time to provide medical records and to check the doctor's competency. In Ohio the court ruled that states do not have to guarantee absolute anonymity of the minor as long as they make a reasonable effort to keep her name from beginning public. The Court also ruled that states can require a minor to provide "clear and compelling" evidence, the most difficult legal standard of proof, when she is petitioning the court that she is sufficiently mature to consent to the procedure or that parental notification is not in her best interest. Also, the Court ruled that the state may require doctors to notify the parents personally concerning the procedure.

  6. [Chakrabarty today: 30 years after the United States Supreme Court Resolution].

    Science.gov (United States)

    Bergel, Salvador Darío

    2010-01-01

    The decision of the United States Supreme Court in the Chakrabarty case marked the beginning of a far reaching process, the development of which considerably extended the field of patentabiltiy of humans, their body parts and genetic information. The author believes that a period of three decades is sufficient to draw conclusions. A critical point has been reached from a debatable decision, which had more economic support than legal, which requires serious recapitulation of the scope and the purpose of industrial property rights.

  7. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

    Field, Thomas G. Jr. [Franklin Pierce Law Center, Concord, NH (United States)

    1999-12-01

    Many, disappointed with traditional ways to assess and manage health, safety and environmental risks, have sought alternatives that might better serve democratic values and truth. Arthur Kantrowitz proposed one in 1967. Named the 'Science Court' by the media, it sought to air opposing viewpoints publicly before an independent, neutral and technically competent panel of scientists. The idea has received considerable attention over the years, but some see it as too opaque and elitist. Ironically, others may view it as too transparent. Beyond that, as proposed it might have been too time-consuming and expensive, and few scientists would have welcomed a suggestion for cross-examination. Yet, its key features still offer promise for resolving difficult policy disputes and might be usefully integrated with notions since leading to the creation and endorsement of advisory science boards.

  8. Researching Justification Texts of a First Instance Court: from Assignment to Results and Reporting

    Directory of Open Access Journals (Sweden)

    Philip Langbroek

    2014-12-01

    Full Text Available Court decisions are reasoned to legitimize them. Lay people seem to understand little of the work of the courts. One of the questions for court administrators and judges is: for whom do judges write their judgments? Is it possible to analyze judicial justification texts with a view to the audiences they address? We answered that question by developing a methodology for the analysis of judgment justification texts, investigating judicial writing behavior. This paper focuses on the methodological hurdles we had to take and the mistakes we made and had to correct. Research reports in all articles on socio-legal research offer a positive and linear description of the research. This article wants to show that trial and error during the research process were inevitable and maybe could have been avoided if we would have had more experience with this type of research. We hope students and other researchers may profit from our experience. Las decisiones judiciales se razonan para legitimarlas. Los profanos en la materia parecen entender poco de la labor de los tribunales. Una de las preguntas a administradores de tribunales y jueces es: ¿para quién redactan los jueces sus sentencias? ¿Es posible analizar los textos de justificación judiciales desde la perspectiva del público a quien se dirigen? Hemos respondido a esta pregunta mediante el desarrollo de una metodología para el análisis de textos de justificación judiciales, investigando el comportamiento de la escritura judicial. Este artículo se centra en los obstáculos metodológicos que tuvimos que sortear y los errores que cometimos y tuvimos que corregir. Los informes de investigación en todos los artículos de investigación sociojurídica ofrecen una descripción positiva y lineal de la investigación. Este artículo quiere demostrar que la prueba y el error eran inevitables durante el proceso de investigación eran inevitables, y podrían haberse evitado si hubiéramos tenido mayor

  9. Supreme Court issues limited ruling in challenge to Utah abortion ban.

    Science.gov (United States)

    1996-06-28

    A law passed in Utah in 1991 which prohibited abortion except in cases of life endangerment, rape, incest, risk of grave damage to a woman's medical health, or grave fetal defects. The exceptions for women who had been sexually abused were eliminated after 20 weeks gestation. In December 1992, US District Court Judge J. Thomas Greene found the ban unconstitutional as applied to abortions prior to 20 weeks but upheld it as applied to procedures after that point in pregnancy. A three-judge appellate panel later reversed the district court decision in August 1995 on the argument that the prohibition on post-20-week abortions could not stand independent of the ban on earlier procedures. The appeals court also struck down a requirement that physicians performing those abortions allowed after viability use the method most likely to give the fetus the best chance of survival, unless it would endanger a woman's life or cause grave damage to her medical health. In an unsigned opinion issued on June 17, 1996, the US Supreme Court reversed the appeals court decision which struck down Utah's original 1991 ban on abortions. Five justices ruling in Leavitt v. Jane L. found that the US Court of Appeals for the Tenth Circuit misapplied Utah precedent when it found that the criminal abortion statute could not be divided into two separate abortion bans, one before and one after 20 weeks gestation. Health care providers will now argue that the ban on post-20-week abortions should be struck down on constitutional grounds. This is the first challenge to a state abortion law to come under High Court review since Planned Parenthood v. Casey in 1992.

  10. Anti-choice group seeks Supreme Court review of federal clinic access law; Congress holds hearings.

    Science.gov (United States)

    1995-05-19

    The Freedom of Access to Clinic Entrances Act (FACE) is a federal statute which was signed into law May 1994 prohibiting the use of force, threat of force, or physical obstruction to intentionally injure, intimidate, or interfere with anyone providing reproductive health services. Since FACE was enacted, seven federal district courts and one federal appellate court have found the measure constitutional, although one federal district court in Wisconsin did rule against FACE. Anti-choice activists have argued that neither the Commerce Clause nor the Fourteenth Amendment to the US Constitution empower Congress to enact FACE. Congress relied upon both constitutional provisions when it enacted the statute, recognizing that illegal, violent acts against abortion providers and their patients threaten to disrupt medical care nationwide and eliminate the right to choose abortion. The US Court of Appeals for the Fourth Circuit on February 13, 1995, however, unanimously upheld a lower court's dismissal of the case, finding that FACE does not violate the US Constitution. Relying upon an April 26 Supreme Court decision in United States vs. Lopez, which held that Congress did not have the power under the Commerce Clause to enact a federal statute prohibiting the possession of a firearm within 100 feet of a school zone, an anti-choice group and several individuals petitioned the US Supreme Court in a May 12 filing to review the appellate court ruling in American Life League vs. Reno. The petitioners also challenge the broad powers of Congress under the Fourteenth Amendment to remedy infringements upon constitutional rights and assert FACE violates the First Amendment and the Religious Freedom Restoration Act.

  11. Media Politicization of the United States Supreme Court

    Directory of Open Access Journals (Sweden)

    RonNell Andersen Jones

    2014-10-01

    Full Text Available Both media scholars and Justices of the United States Supreme Court have suggested that press coverage of the Court increasingly politicizes the Court as an institution, by characterizing the Court’s Justices as ideological actors and by depicting the outputs of the Court as political decisions driven by personal preference rather than apolitical outcomes driven by constitutional doctrine and legal precedent. This study builds upon earlier efforts to investigate the veracity of this assumption, using a corpus linguistics methodology to track the use of several linguistic signals that are widely regarded as politicizing. A case study investigation of the full corpus of New York Times articles from the 1950s through the 2000s suggests an increase in the use of explicitly ideological descriptors of the Justices; an increase in references to the appointing presidents of the Justices; and an increase in the disparity of coverage of 5-4 decisions and unanimous decisions. Tanto los académicos dedicados a la comunicación como los magistrados de la Corte Suprema de los Estados Unidos han sugerido que la cobertura de la prensa de la Corte politiza cada vez más la Corte como institución, ya que representa a los magistrados como actores ideológicos, y presenta las decisiones del tribunal como decisiones políticas tomadas por preferencias personales en lugar de resultados apolíticos fruto de una doctrina constitucional y un precedente legal. Este estudio se basa en intentos anteriores de investigar la veracidad de esta hipótesis, utilizando una metodología de corpus lingüístico, para rastrear el uso de diversos signos lingüísticos comúnmente considerados politizadores. Una investigación de casos prácticos del corpus completo de los artículos del New York Times desde la década de 1950 hasta la década de 2000 sugiere un aumento en el uso de descriptores de los jueces explícitamente ideológicos; un aumento en las referencias a los

  12. An economic analysis of the Maricopa decision.

    Science.gov (United States)

    Goldberg, L G; Greenberg, W

    1987-01-01

    In Arizona v. Maricopa County Medical Society the United States Supreme Court ruled in a 4-3 decision that the Maricopa Foundation for Medical Care, a nonprofit Arizona corporation, had violated Section 1 of the Sherman Act by engaging in a maximum price-fixing scheme. The Supreme Court in this decision, however, failed to consider the economic impact of the Maricopa Foundation on the cost and quality of health care. The Court's adoption of a per se approach in Maricopa can have a negative impact upon the competition which the antitrust laws are attempting to promote. By focusing only on the narrow aspect of price fixing, the Court ignored (1) the potential of the Maricopa Foundation to contain costs, (2) the potential competitive effect that the foundation may have on third-party carriers and organizations in the marketplace, (3) the relationship of maximum price fixing to economic performance, and (4) the nature of competition in the health care marketplace. This article describes the background of Maricopa as well as the Supreme Court decision. It describes foundations for medical care with special emphasis on the Maricopa Foundation and analyzes Maricopa from an economic rather than the traditional legal perspective, emphasizing how the two perspectives might differ. Attention is paid to the concept of maximum price fixing in the health care marketplace. The concluding section evaluates the Supreme Court decision.

  13. 我國侵害營業秘密與競業禁止違約判決之量化研究 Quantitative Analysis of the ROC Court Decisions on Trade Secret Infringements and Violation of Non-Compete Clauses

    Directory of Open Access Journals (Sweden)

    洪榮宗 Oliver Hung

    2007-12-01

    Full Text Available 營業秘密法生效迄今十年,其對於營業秘密的保護是否已周延?實有待觀察。又離職後競業禁止約款之相關實務運作現況為何?亦為探討營業秘密保護議題時,無法切割之問題。 本文利用司法院之系統查詢我國地方法院自1999 年8 月1 日起至2006年6 月30 日止,侵害營業秘密或違反競業禁止約款之民事判決,並以量化分析方式探討司法實務之態度。 本文之量化分析顯示:營業秘密與競業禁止訴訟之勝率均偏低;主張違反競業禁止明顯比主張侵害營業秘密來得容易;兩類訴訟之平均審理時間恐無法因應其急迫性需求;未約定違反競業禁止約款之違約賠償罰則的敗訴機率極高;競業禁止約款之五原則在法院實務上並未被遵守等。本文希望透過上開發現與確認,能期待找出改善之道。 The ROC Trade Secret Act has come into force for 10 years. However, whether it has sufficiently protected the trade secrets remains unanswered. In addition, the current operation and practice of “Non-Compete Clauses after Employment Relationship” are also important issues while discussing the trade secrets issues. Through the database of the ROC Judicial Yuan, we reviewed all the cases in the ROC district courts in connection with infringements on trade secrets and breach of non-compete clauses from August 1, 1999 to June 30, 2006 and conducted quantitative analysis of the courts’ opinions in this regard. The results of our quantitative analysis show that: 1. most of the decisions related to trade secret infringements and breach of non-compete clauses are in favor of defendants; 2. it is easier to claim violation of the non-compete clauses than infringements on trade secrets; 3. the trial period is too long to protect the plaintiffs given that the time is of essence; 4. it is quite probable that plaintiffs will lose the lawsuits if no penalty clause for

  14. Slaying the Dying Dragon of State Sovereignty A Review of Narrowing the Nation’s Power: The Supreme Court Sides without the States, by John T. Noonan, Jr.

    Directory of Open Access Journals (Sweden)

    Richard H. Seamon

    2004-04-01

    Full Text Available John Noonan cuts a chivalric figure as the author of Narrowing the Nation’s Power: The Supreme Court Sides with the States. He takes up the lance against a maleficent Court dominated by five conservative Justices. The cause of his battle is a series of recent decisions in which the Court has relied on principles of federalism to limit Congress’s power over states. These federalism decisions, Noonan contends, so limit Congress’s power that they pose a “present danger to the exercise of democratic government.”

  15. 5 CFR 838.932 - Court orders that permit the former spouse to elect to receive a former spouse survivor annuity.

    Science.gov (United States)

    2010-01-01

    ... spouse to elect to receive a former spouse survivor annuity. 838.932 Section 838.932 Administrative... AFFECTING RETIREMENT BENEFITS Terminology Used in Court Orders Awarding Former Spouse Survivor Annuities... spouse survivor annuity. (a) Except as provided in paragraph (b) of this section, a court order...

  16. India: Court upholds patent law denying patents for slightly modified versions of existing drugs.

    Science.gov (United States)

    Swamy, Madhavi

    2007-12-01

    In August 2007, the Madras High Court struck down a petition by the Swiss pharmaceutical company Novartis to declare the anti-evergreening provision in Indian patent law invalid. Evergreening is the practice of effectively extending the patent on a drug by filing a new patent for a marginal modification to that drug, such as a change in its shape, dosing range or color. The Court's decision is critical for global access to essential medicines in the form of affordable generic drugs from India

  17. 重大行政决策责任追究的法治规制路径分析%Analysis on the Law Regulating Path of Major Administrative Decision-making Accountability

    Institute of Scientific and Technical Information of China (English)

    王仰文

    2015-01-01

    建立重大决策终身责任追究制度及责任倒查机制,既是众望所归,也是我国建设法治政府的一个重大举措。作为一个需要不断探索、完善的系统创造性工程,重大行政决策终身责任追究制度仍然需要完整配套的复杂设计来支撑,努力建立起一套细化的责任追究机制和常态化运行的督查体系。为此,必须从明确行政决策责任追究的法定主体、严格界分行政决策责任追究对象、理性界定行政决策的合理范围、科学界定行政决策责任追究的标准等方面做好基础性工作,严格规范行政决策责任追究的权力运作,实现“责任到位”。%The establishment of lifelong accountability system of major decisions and duty reversing investiga-tion mechanism not only enjoys popular confidence, but also a major initiative of our construction of the gov-ernment of the rule of law. As a systematic and creative project needed continuously exploring and improving, major administrative decisions lifelong accountability system still needs a set of complex design to support, and to make efforts to establish accountability mechanisms and a detailed inspection system normalization opera-tion. For this reason, it is necessary to do the basic work well, such as clarify the statutory body of administra-tive decision-making accountability, strictly divide the object of accountability for administrative decision making, rationally define the scope of administrative decision-making and scientifically define the standards of administrative decision-making accountability in order to strictly regulate the operation of administrative decision-making powers of accountability, and thus bring out the"responsibility in place".

  18. 大数据时代行政决策体制优化研究%A Study on the Optimization of the Administrative Decision-making System in the Big Data Era

    Institute of Scientific and Technical Information of China (English)

    赵友华

    2016-01-01

    随着科学技术和网络媒介的发展,人类已经开始步入大数据时代,数据驱动决策成为大数据时代行政决策体制优化的应有之义。大数据技术对于行政决策信息系统而言,可以扩大信息收集来源、强化行政决策依据、创新方案评价模式和畅通信息传递通道;对于行政决策咨询系统而言,可以科学预测信息、优化方案设计、及时反馈信息并实现问计于民;对于行政决策中枢系统而言,可以扩大决策参与主体、优化决策目标制定并推动组织结构升级优化;对于行政决策监控系统而言,可以增强监控实效并完善监控体系。%With the development of science and technology and the network media,man has entered the big data era.The essence of the optimization of the administrative decision-making system is the fact that data drive decision-making.For the information system of the administrative decision-making,big data tech-nology can expand the sources of information collection,strengthen the administrative decision-making ba-sis,innovate the evaluation patterns of a plan,and clear up the communication channels of information.For the consulting system of the administrative decision-making,it can scientifically forecast information,opti-mize the plan design,and instantly feed back information.For the central system of the administrative deci-sion-making,it can expand the participation subj ect,optimize the setting of the decision goal,and promote the upgrading and optimization of organizational structure.For the monitoring system of the administrative decision-making,it can strengthen the monitoring effectiveness and the perfect monitoring system.

  19. Hippocratic obligation to shareholder profit? Medical treatment patents and the Australian High Court in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50.

    Science.gov (United States)

    Vines, Tim

    2014-06-01

    The method of treatment of suffering in patients, including through surgery and the administration of therapeutic drugs, are essential features of medical professionalism. Few, if any practitioners committed to developing the core professional virtue of loyalty to relief of patient suffering through consistently implementing the basic principles of medical ethics, would consider that such beneficial methods of practice are, or should be, the subject of a patent--requiring the practitioner utilising them to pay a royalty or risk infringement proceedings. Indeed a formal opinion of the American Medical Association declares "the use of patents, trade secrets, confidentiality agreements, or other means to limit the availability of medical procedures places significant limitation on the dissemination of medical knowledge, and is therefore unethical". Yet this could be the direction in which Australian patent law is heading. The decision of the High Court of Australia in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50, upholding a patent over a method of using a known drug to prevent or treat psoriasis, may ultimately force practitioners to re-consider whether their basic ethical obligations to patients are secondary to a requirement to maximise profit for shareholders in companies holding medical patents. This column reviews this decision and its possible implications for health practitioners. It places it in context of other recent court decisions that have expanded the intrusion of corporate-owned intellectual property monopolies into Australian medical practices, and how legislative restrictions upon them in the Patents Act 1990 (Cth) places practitioners and patients at risk of more costly, ineffective or restricted health care. This column concludes by cautioning that Australia's scope to address policy problems caused by this case may be limited should it sign up to the Trans-Pacific Partnership Agreement, particularly if that preferential trade

  20. Congress, Ex Parte Young, and the Fate of the Three-Judge District Court

    Directory of Open Access Journals (Sweden)

    Michael E. Solimine

    2008-04-01

    Full Text Available In 1908 the Supreme Court held in Ex parte Young that a federal judge could enjoin a state attorney general from enforcing an unconstitutional state statute, notwithstanding sovereign immunity doctrines, which would normally bar such relief. The case was sharply criticized at the time as another example of an activist federal judiciary striking down Progressive Era regulatory legislation. Congress enacted legislation requiring that Ex parte Young injunctions only be issued by a specially convened three-judge district court. Despite the initial hostility, as has been recounted by Owen Fiss, William Ross, and other scholars, the injunctive power recognized in the case came to be regarded as a powerful and necessary tool to enforce federal civil rights laws, especially in the face of recalcitrant state authorities. In contrast, the history of the three-judge district court has received less attention and has had a different arc. During the Civil Rights era, some federal judges, particularly in the Deep South, were perceived as being hostile to the enforcement of federal law, and a three-judge court was considered by many to be a necessary tool to marginalize such judges and optimize enforcement of federal legal norms. The federal judiciary itself later questioned the court’s usefulness due to the administrative burdens of convening such courts, and the perception that their role in enforcing federal law was no longer necessary. Responding to those concerns, and over the opposition of the NAACP, Congress in 1976 sharply restricted the jurisdictional coverage of the court. The changes in the three-judge district court demonstrate the importance of appreciating the motivations and effects of Congressional regulation of the institutional structures of the federal courts and that of interest groups in influencing Congress.

  1. Colonial Newspaper Reaction to the Somerset Decision.

    Science.gov (United States)

    Bradley, Patricia

    To examine colonial American press coverage of the British court decision to free American slave James Somerset, a study was conducted to clarify why the decision worked as a victory for British abolitionists but was usually cited even in post-Revolution America in the passage of increasingly oppressive slave legislation. Twenty-three of the…

  2. The Legalization of Education and the Preparation of School Administrators.

    Science.gov (United States)

    Sacken, Donal M.

    1993-01-01

    Discusses two cases in which federal courts stretched the boundaries of students' constitutional protection to void decisions it saw as palpably unfair. Suggests that the concepts of law and legalization instilled in educators can easily lead them astray. (MLF)

  3. THE LAY JUDGE IN THE SMALL CLAIMS COURTS AND IN THE SMALL CLAIMS AGAINST THE EXCHEQUER COURTS: EFFICIENCY VERSUS ACCESS TO JUSTICE AND TO LAW

    Directory of Open Access Journals (Sweden)

    Pedro Gomes de Queiroz

    2015-12-01

    Full Text Available Lay judges that work at small claims courts and at small claims against the Exchequer courts don’t have the necessary legitimacy to take discretionary or solely based in equity decisions, because they are not directly elected by the people. Thus, they must base their decisions in the present Law. For this purpose, the selection process of them must demand the necessary legal knowledge and degree for the exercise of the function. The lay judge is submitted to the reasons of impediment or suspicion of the judge, because he is an assistant of the justice, so the law must recognize the citizen’s right to know the individual that exercises the function in his process.

  4. Performance-Based Budgeting and Management of Judicial Courts in France: an Assessment

    Directory of Open Access Journals (Sweden)

    Thierry Kirat

    2010-04-01

    Full Text Available The efficiency of civil justice has become a central issue in several communities, including national states that have undertaken to reform their civil procedures rules and/or to implement methods of case management (such as the USA and United Kingdomand international organizations such as the Council of Europe and the World Bank. Of course, there has always also been interest on the part of legal academics and judicial/court administration professionals.Court systems have two aspects: on one side, as public institutions, their funding, the recruitment of judges and clerks and employees, the procedural rules they must comply with, are determined by the state. On the other side, as organizations producing dispute resolution services, their operation and management are borne by the chiefs of courts. The importance of capacity management of the former, who are most often judges, is now acknowledged by most specialists, even if the compatibility between legal rationality and managerial rationality is questioned by some of them. This article seeks to explain the situation of French courts, focusing on court administration that can not be addressed without taking account of the broader framework of State policy concerning most specifically the budget-setting process which has undergone recent radical reforms.

  5. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must......Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... community’, and Sarah Williams, who 50 years later relied on the same factor in her definitions of ‘hybrid’ and ‘internationalized’ criminal tribunals. Through examples of rulings by the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, this article will demonstrate...

  6. Labor Arbitration's Crossroads Revisited: The Role of the Arbitrator and the Response of the Courts.

    Science.gov (United States)

    Bloch, Richard I.

    1978-01-01

    In examining the proper role of arbitration and arbitrators, the author reviews the status of public laws in private contracts, the response of the arbitrator to the new mix, and the response of both courts and administrative agencies to arbitrators. Available from University of Cincinnati Law Review, Taft Hall, University of Cincinnati,…

  7. Congress, courts, and commerce: upholding the individual mandate to protect the public's health.

    Science.gov (United States)

    Hodge, James G; Brown, Erin C Fuse; Orenstein, Daniel G; O'Keefe, Sarah

    2011-01-01

    Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's "individual mandate" (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial "inactivity." Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health.

  8. SAME SEX UNIONS OF LIFE IN THE PRACTICE OF THE EUROPEAN COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Boris Krešić

    2014-01-01

    Full Text Available In several cases the the European Court of Justice (ECJ interpreted the provisions of the Agreement on the European Community in terms of homosexual rights. The practice of the ECJ in the last five years (2008-2013 shows the tendency to expand the rights of homosexual persons. The paper brings the analysis of four decision of the ECJ in the cases where it decided on the issue of discrimination on grounds of sexual orientation. In the first two verdicts, the Court refused to compare marriage and common-law marriage to the same-sex union of life, thus limiting same-sex partners to achieve certain rights. In other two cases the Court made step forward and compared marriage and same-sex union of life but only if both, marriage and same-sex union of life are regulated by national law.

  9. Decision of the Constitutional Review Chamber of the National Court of 11 January 1995 : review of the petition by Tallinn Administrative Court to declare paragraph 40 of "Directions for the Extension of Time-limits for the Issue of Residence and Wor

    Index Scriptorium Estoniae

    1996-01-01

    Riigikohtu lahendi III-4/A-12/94 (Tallinna Halduskohtu taotluse, tunnistada "Välismaalastele elamis- ja töölubade väljaandmise ja pikendamise eeskirjade" punkt 40 kehtetuks, läbivaatamine) tekst inglise keeles

  10. THE ADMINISTRATIVE SYSTEM IN FRANCE

    Directory of Open Access Journals (Sweden)

    DOINA POPESCU

    2012-05-01

    Full Text Available According to the Constitution promulgated on the 6th of October 1958, with the latest amendments made in 1999, France is a presidential republic. The three authority branches are broadly represented in the French administration: the judicial branch – French courts of law are divided into: judicial courts and administrative courts. Judicial courts are under the supreme authority of the Court of Cassation with jurisdiction to cancel judgments passed courts on inferior hierarchy levels and plays a central role in the appropriate performance of the activity. The legislative body - normally, the legislation is voted by Parliament. French Parliament is comprised of two chambers: the National Assembly and the Senate. The National Assembly is elected for five years by way of direct universal voting. The Senate is elected by way of indirect universal voting by the electoral group. The election system is based on rules contained in the Election Code. The executive authority is divided between the President of the Republic and the Prime Minister. The President of the Republic makes the appointments for civil and military positions located at the highest state level. The Council of Ministers is responsible for appointing the positions of state councillors, prefect and public administration director. The central government is headed by the Prime Minister. Regional authorities – the regions are free territories administered by elected Councils. As far as the metropolitan part of France is concerned, there are 22 such territories, to which are added other four districts / counties which are located out of borders. The region’s Prefect represents the state and is empowered to deploy legal actions in order to protect the state’s best interest. County authorities – there are currently 96 de districts, to which four other territories located out of borders are added, as well as the territorial communities of Mayoutte and St-Pierre et Miquelon. There are

  11. The United States Supreme Court and psychiatry in the 1990s.

    Science.gov (United States)

    Ciccone, J R

    1999-03-01

    In the 1990s, the Supreme Court has decided several cases that have had an impact on psychiatry and psychiatric patients in the criminal justice system, on psychiatric hospitalization, and on psychotherapist-patient privilege. Of the seven cases discussed in this article, Chief Justice Rehnquist and Justice Scalia voted similarly in all seven cases. Since joining the court, Justice Thomas has voted with them. Justice Scalia interprets the Constitution, using what has been termed "textualism": avoid reference to legislative history, and interpret the Constitution according to the plain language meaning of the relevant section. Chief Justice Rehnquist and Justices Scalia and Thomas are inclined to protect states' rights from court decisions that expand US Constitutional power in cases involving civil plaintiffs and criminal defendants. They seek to protect states from being sued in federal courts, and, if there is doubt, lean toward not interfering with state prerogatives. They tend to not find unenumerated rights and prefer clear-cut rules over amorphous standards. Justices Kennedy and O'Connor, at times joined by Justice Souter in the middle of the court, provide the deciding votes in many cases. They seem to prefer a case-by-case pragmatism over a global jurisprudential philosophy. Approaching cases one at a time, they usually avoid broad philosophic pronouncements when they join with Chief Justice Rehnquist. Justice Stevens, joined by Justices Breyer and Ginsburg since they have been appointed to the court, is more likely to favor a broader reading of the 14th Amendment's Due Process and Equal Protection clauses. Of the seven cases, Kennedy and O'Connor voted with the majority in five cases, the dissent in one case (Zinermon v Burch), and split their votes in one case (Foucha v Louisiana, with O'Connor siding with the Court and Kennedy with the dissent). Commager, a noted historian, believed that political issues can be explored, explained, and debated and that

  12. Disciplinary and Academic Decisions Pertaining to Students: A Review of the 1997 Judicial Decisions.

    Science.gov (United States)

    Stoner, Edward N.; Schupansky, Susan P.

    1998-01-01

    Reviews key cases concerning disciplinary and academic decisions in higher education handed down by courts in 1997. Cases touched on procedural due process (for medical residents, academic versus disciplinary decisions, other notable issues), double jeopardy, breach of contract, student discipline records under the Family Education Rights and…

  13. Justice blocks and predictability of US Supreme Court votes

    CERN Document Server

    Guimera, Roger; 10.1371/journal.pone.0027188

    2012-01-01

    Successful attempts to predict judges' votes shed light into how legal decisions are made and, ultimately, into the behavior and evolution of the judiciary. Here, we investigate to what extent it is possible to make predictions of a justice's vote based on the other justices' votes in the same case. For our predictions, we use models and methods that have been developed to uncover hidden associations between actors in complex social networks. We show that these methods are more accurate at predicting justice's votes than forecasts made by legal experts and by algorithms that take into consideration the content of the cases. We argue that, within our framework, high predictability is a quantitative proxy for stable justice (and case) blocks, which probably reflect stable a priori attitudes toward the law. We find that U. S. Supreme Court justice votes are more predictable than one would expect from an ideal court composed of perfectly independent justices. Deviations from ideal behavior are most apparent in di...

  14. Nuclear fuel tax in court; Kernbrennstoffsteuer vor Gericht

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Gleiss Lutz Rechtsanwaelte, Duesseldorf (Germany)

    2014-07-15

    Besides the 'Nuclear Energy Moratorium' (temporary shutdown of eight nuclear power plants after the Fukushima incident) and the legally decreed 'Nuclear Energy Phase-Out' (by the 13th AtG-amendment), also the legality of the nuclear fuel tax is being challenged in court. After receiving urgent legal proposals from 5 nuclear power plant operators, the Hamburg fiscal court (4V 154/13) temporarily obliged on 14 April 2014 respective main customs offices through 27 decisions to reimburse 2.2 b. Euro nuclear fuel tax to the operating companies. In all respects a remarkable process. It is not in favour of cleverness to impose a political target even accepting immense constitutional and union law risks. Taxation 'at any price' is neither a statement of state sovereignty nor one for a sound fiscal policy. Early and serious warnings of constitutional experts and specialists in the field of tax law with regard to the nuclear fuel tax were not lacking. (orig.)

  15. 5 CFR 838.136 - Administrative appeal rights.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Administrative appeal rights. 838.136 Section 838.136 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE... Applicable to All Court Orders § 838.136 Administrative appeal rights. (a) Issues concerning application...

  16. The Romanian Ombudsman and It's Interraction with the Courts- An Exploratory Research

    Directory of Open Access Journals (Sweden)

    Dacian DRAGOŞ

    2010-10-01

    Full Text Available The article focuses on the institution of the Ombudsman and its relations with other institutions/ powers of the state. The least explored interaction, at least in the Romanian literature, is the interaction between the Ombudsman and the courts (both the Constitutional Court and the ordinary ones, in the context of the need for Ombudsman institutions to develop the so called ‘Ombudsnorms’ of good administration. There are no empirical studies trying to explore this interaction and how it actually works in practice. The first part of the article offers an analysis of the existing literature on the interaction between the Ombudsman institution and the courts in various legal systems. The second part of the article consists of an exploratory empirical research of the interaction between the Romanian Ombudsman and the courts. The methodology of the research is qualitative – analysis of the Ombudsman’s annual reports and structured interviews with judges and the representative of the Romanian Ombudsman institution. The main conclusion of the study is that until now the interaction is rather limited and that there seems to be no ‘desire’ on behalf of both the courts and the Ombudsman to explore the possibilities for more cooperation/interaction, the main reason given being the independence of justice.

  17. 行政决策失误评判标准确立的基本立场问题研究%On the Criteria Establishment of Administrative Decision Mistakes

    Institute of Scientific and Technical Information of China (English)

    王仰文

    2014-01-01

    在经典的法学论著中,权责一致是经典权力哲学观颇为看重的基本逻辑。构建法治中国,“有权必有责,用权受监督,侵权要赔偿”的理念正在成为政府官员深入骨髓的认识。在政府权力运行的决策领域中,努力建构权力规范、程序安全的责任追究机制,科学有效界定行政决策失误的评判标准无疑是行政决策责任追究制度中一个极为重要的问题。行政决策失误评判标准的确立应当秉持依据标准与社会标准的有机统一,满足过程与结果导向的需要,实现行政决策的效益均衡。%In the classic writings of law, the power consistent with responsibilities is a classic power philosophy which has always been quite valued as a basic logic. In the journey of China rule of law ,the concept of power comes with responsibility, with the right subject to supervision, and compensation for infringement has gradually become infiltrated bones . In the operation of administrative de-cision ,to accurately define the administrative decision-making, build procedure security responsibility mechanism , form scientific and efficient mistake judge criteria, but accountability process of administrative decision-making is obviously crucial. The criteria establish-ment of administrative decision mistakes should uphold the basis for the establishment of standards and social standards as an organic u-nity, meet the needs of the process and results-oriented, and achieve the balanced benefits in the administrative decision-making.

  18. 裁量不作为的要件分析——基于法院判决的观察%On the Constitutive Elements of Omission of Discretion: Observation based on Court Judgments

    Institute of Scientific and Technical Information of China (English)

    鼠佑勇; 尚海龙

    2011-01-01

    The omission of discretion is both a basic pattern of administrative omission and an important type of abuse of administrative discretion. The constitutive requirements of it include the existence of the power of administrative discretion, the existence of the power of decisive discretion and abuse of the power of decisive discretion. An analysis about the constitutive requirements by taking court judgments as emphasis is of great theoretical and practical significance for the typological research of administrative omission and the restriction of administrative discretion.%裁量不作为既是行政不作为的基本形态,也是行政裁量违法的重要类型,其构成须同时具备裁量权之存在、决定裁量权之享有、决定裁量权之滥用等要件。以法院判决为考察重点展开对裁量不作为构成要件的分析,对于推进行政不作为的类型化研究以及限制裁量权的滥用具有重要的理论意义和实践价值。

  19. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

    Full Text Available The constant changes in the social dynamics due to economic and technological development has brought along the need to dispose of a High Court, with competence over International Crimes. The above was the reason to establish the International Criminal Court, destined to prosecute and punish the maximum responsible for crimes of its jurisdiction. Nonetheless, despite the existence of individual criminal responsibility as an accomplice in the case of entrepreneurs who contribute to the crime, there is not an actual investigation or conviction as such in the Court fase for those individuals. Through a criminological study, the actions in the frame of the criminal policy in international law, in order to hold individual criminal responsibility towards entrepreneurs for international crimes, will be evaluated, from the dogmatic categories established in the international guidelines as well as from international doctrine.

  20. Forecasting the Senate vote on the Supreme Court vacancy

    Directory of Open Access Journals (Sweden)

    Scott J. Basinger

    2016-07-01

    Full Text Available This paper forecasts current senators’ votes on Merrick Garland’s nomination to the U.S. Supreme Court, in the unlikely case that a vote actually takes place. The forecasts are necessarily conditional, awaiting measurement of the nominee’s characteristics. Nonetheless, a model that combines parameters estimated from existing data with values of some measurable characteristics of senators—particularly their party affiliations, party loyalty levels, and ideological positions—is sufficient to identify potential swing voters in the Senate. By accounting for a more nuanced and refined understanding of the confirmation process, our model reveals that if President Obama were to nominate almost any nominee (conservative or liberal today, that nominee would be rejected if a vote was allowed to take place. So why nominate anyone at all? Obama’s hope for a successful confirmation must come from the stochastic component, that is, from outside the traditional decision-making calculus.

  1. FY 2014 Workload Data - Disability Decisions

    Data.gov (United States)

    Social Security Administration — This dataset provides yearly data for Disability Decisions that includes Title II, Title XVI, and concurrent initial disability determinations and appeals decisions...

  2. U.S. Court of Appeals for the Federal Circuit:The Mechanism and Reference to China%美国联邦巡回上诉法院特色机制及对我国的借鉴

    Institute of Scientific and Technical Information of China (English)

    蔡元臻

    2015-01-01

    设立知识产权专门法院以审理知识产权案件的做法是当今国际主流,然而我国自拥有知识产权制度以来,便始终处于面向“三审合一”模式的缓慢衍进之中。我国知识产权专门法院体系随着《关于在北京、上海、广州设立知识产权法院的决定》的施行虽有渐成之势,但是仍未能触及设立全国性知识产权法院的问题。鉴于中美两国知识产权环境的相似性以及密切的贸易关系,我国在知识产权法院的创设问题上可以借鉴“美国模式”的经验。了解围绕联邦巡回上诉法院而建立的美国诉讼体系,对解决我国所面临的“司法与行政双轨制”“循环诉讼”以及知识产权法官选任等问题具有相当价值。%The establishment of IP courts speciifcally for IP trials is nowadays the mainstream practice, yet China, since having its own IP regime, is in between the laggard progress towards the ‘tri-trial’ mode. The Chinese IP court system, following the implementation of Decision on the Establishment of Intellectual Property Courts in Beijing, Shanghai and Guangzhou, is expecting a gradual formation, whereas the question of establishing a nationwide IP court remains unvisited. The similarity of the IP environment as well as the close trade afifliations between China and the U.S. dictate that the U.S. system shall be an important reference to the creation of Chinese IP courts. Also, dealing with judicature-oriented problems such as ‘judicature-administration dual-track’ ‘circulating lawsuits’ and IP judge selection in China can receive substantial experiences from understanding the U.S. litigation system established based on the Court of Appeals for the Federal Circuit.

  3. The juridical nature of the European Court of Justice and the principles of its activity

    Directory of Open Access Journals (Sweden)

    Vilma Hasneziri

    2015-07-01

    In this work, especially in the second part, there shall be presented several decisions of the European Court of Justice as well, that have to do with its interpretation on the dispositions of the establishing Treaties as well as the analysis of the above mentioned principles. At the end of this work, there will be given its conclusions as well as the bibliography where it is based on.

  4. 77 FR 48965 - Certain Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Notice of Court...

    Science.gov (United States)

    2012-08-15

    ... China: Notice of Court Decision Not in Harmony With Amended Final Scope Ruling and Notice of Amended... fittings from the People's Republic of China (``PRC'') used in structural applications. In King Supply III... determined that the scope of the Order did not give rise to an end use restriction, (2) the...

  5. Cross-Border Patent Disputes: Unified Patent Court or International Commercial Arbitration?

    Directory of Open Access Journals (Sweden)

    Ana Alba Betancourt

    2016-04-01

    Full Text Available Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC. This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent an advantage compared to the current litigation system? The paper argues that it does and explores what it considers to be the two main advantages of a UPC over the current system of cross-border litigation of patents: the ability to drag several conflicts to a single procedure and the neutrality of the decision makers. These advantages are consequently compared to the characteristics of arbitration. Then, an explanation is provided with regards to how the UPC system is going to work in terms of jurisdiction, preliminary injunctions, the choice of law and enforcement of decisions, comparing those same procedural aspects to arbitration. The article finds that arbitration involves many of the same advantages (as compared to the UPC and that the procedural issues studied in both means are, so too, similar. Therefore, arbitration represents a viable alternative to the UPC when it comes to reducing the risks in solving cross-border patent conflicts.

  6. Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

    Science.gov (United States)

    Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y

    2014-11-01

    While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion.

  7. 行政决策责任追究程序启动标准问题研究%A Study on the Program Starts Standards of the Administrative Decision-Making Accountability

    Institute of Scientific and Technical Information of China (English)

    王仰文

    2014-01-01

    合法正当有效的程序是行政决策责任追究走向法治轨道健康、持续发展的保证。假如责任追究是一条河流,正义是河水,那么程序就是堤岸。具体的程序性规定就是堤岸上一道道闸口,控制河水的流速与方向。行政决策责任追究程序启动标准和行政决策失误的评判标准,可谓是一体两面。也就是说,凡是行政决策不当导致决策失误的,就应当启动责任追究程序,追究相应主体的责任。但是,现实既有程序启动标准的模糊性,使得行政决策责任追究充满了随意性、情绪化,甚至戏剧性。必须从过程和结果导向出发,进一步细化程序启动的具体标准。%It is an inseparable protection for benign implementation of any system to have a rigorous ,de-tailed procedures .And the more emphasis on the rule of law society ,the more attention should be paid to programs .The proper legal procedures are the healthy and sustainable guarantee for the effective adminis-trative decision-making accountability development towards the rule of law track .If accountability is a riv-er ,just a river water ,then the program is the embankment .Specific procedural provision is a road on the embankment gates ,which controls the flow rate and direction of the river .The procedures start standards of the administrative decision-making accountability and the evaluation criteria of the administrative mis-takes can be described as one of the two sides .In other words ,if any improper administrative decision make mistakes ,you should start the process of accountability to investigate the responsibility of the appro-priate body .However ,in reality ,the program start-standards are fuzzy ,which make administrative deci-sions accountability random ,emotional ,and even dramatic .So we must depart from the process and re-sults-oriented ,and further refine the program starts and quantify specific criteria .

  8. Decision of the General Administration of Customs concerning Amending the Measures of the Customs of the People's Republic of China for the Supervision of Processing Trade Goods

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    @@ For the purpose of adapting to the changes in processing trade and regularizing the relevant business of processing trade,the General Administration of Customs has decided to make the following amendments to the Measures of the Customs of the People's Republic of China for the Supervision of Processing Trade Goods (Decree No.13 of the General Administration of Customs,hereinafter referred to as the Measures):

  9. Supreme Court Upholds Religious Liberty: Educational Implications.

    Science.gov (United States)

    Mawdsley, Ralph D.; Russo, Charles J.

    1994-01-01

    Reviews a set of Supreme Court rulings that may dramatically alter the landscape of First Amendment jurisprudence: "Church of the Lukumi Babalu Aye v. City of Hialeah"; "Jones v. Clear Creek Independent School District"; "Lambs Chapel v. Center Moriches Union Free School District"; and Zobrest v. Catalina Foothills…

  10. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

    Petersen, Clement Salung; Schovsbo, Jens Hemmingsen; Riis, Thomas

    2015-01-01

    The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law...

  11. Supreme Court Signals Caution on Affirmative Action.

    Science.gov (United States)

    Schmidt, Peter

    2003-01-01

    Describes how, during oral arguments at the U.S. Supreme Court over the University of Michigan's race-conscious admissions policy, several justices indicated that they did not see any viable alternatives to the use of affirmative action in college admissions. (EV)

  12. An International Criminal Court of Public Opinion

    NARCIS (Netherlands)

    Bouwknegt, Thijs Bastiaan

    2012-01-01

    In recent months, South Africa, Burundi and the Gambia have terminated their membership of the International Criminal Court (ICC). Observers and academics alike have narrowly portrayed this walkout as an ‘African’ exodus and an ‘African’ problem. But what about Vladimir Putin’s ‘unsigning’ of the Ro

  13. Supreme Court Ruling on Chinese Children

    Science.gov (United States)

    Integrated Education, 1974

    1974-01-01

    Presents the text of a unanimous Supreme Court opinion delivered by Justice Douglas, as well as two separate concurring opinions, which granted non-English speaking Chinese students' petition for relief from unequal and unconstitutional educational opportunities resulting from an absence of English language instruction. (Author/SF)

  14. The Courts and Student Rights -- Procedural Matters.

    Science.gov (United States)

    Phay, Robert E.

    This paper traces the evolution of student rights and the judicial protection of these rights through numerous court cases. The author outlines the minimum standards of due process required in disciplinary proceedings and discusses cases that point up (1) the required specificity of rules on student conduct, (2) the requirements of notice to…

  15. Children, Special Needs and the Courts.

    Science.gov (United States)

    Rabinowicz, Jack

    1992-01-01

    This article discusses legal developments relating to the 1981 Education Act in Great Britain, focusing on court interpretation in the areas of parental rights and participation, wider integration of students with special needs into ordinary schools, defining a special educational need, reassessments, and repayment of fees. Possible future trends…

  16. World’s Eyes on Center Court

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    One of the most watched matches in history takes basketball to a whole new level Thousands of spectators cheered when Yao Ming left the court with 4:41 minutes left in China’s 70-101 loss to the United States at the basketball

  17. Status of Cases in the Supreme Court.

    Science.gov (United States)

    Chronicle of Higher Education, 1986

    1986-01-01

    The status as of October 9, 1986 of higher education-related Supreme Court litigation is outlined concerning: accreditation, affirmative action, asbestos, bar examinations, collective bargaining, creationism, racial discrimination, infectious disease, liquor sales, pensions, pregnancy benefits, revocation of degree, sexual harassment, and student…

  18. Citizens' participation in the licensing procedure for large-scale industrial projects. Contribution discussing the acceptance of administrative decisions. Buergerbeteiligung in Genehmigungsverfahren von Grossprojekten. Ein Beitrag zur Akzeptanz von Verwaltungsentscheidungen

    Energy Technology Data Exchange (ETDEWEB)

    Dollinger, W.

    1986-01-01

    While the discussion of the citizens rights of participation that hitherto has been primarily based on constitutional law arguments now is continued on the level of ordinary law, there is opportunity to think about a practical modification of the administrative procedure. Participation of the citizens and its educating effect in the forming of public opinion is welcome to a democratic system, but the tendency to generalise conflicts bears the risk to engender conflicts on competence. Given the declining acceptance of licensing decisions taken by the executive, there is apparent need for modifying the administrative procedure. Existing means and rights of participation are not such to be combined to a suitable system. Due to the different substantive law conditions in the various subject fields they sometimes have a polarizing effect, so that the theory of participation supporting consensus cannot be maintained. The book in hand presents a few proposals for improvement towards more 'rightness' and acceptance of administrative decisions. (orig./HSCH).

  19. Research on the Realistic Path of Accountability of Maj or Administrative Decision-making%重大行政决策责任追究的现实路径研究

    Institute of Scientific and Technical Information of China (English)

    张于杰圣

    2016-01-01

    The definition and identification of the accountability of maj or administrative decision-making is an important cornerstone of Accountability Mechanism,while the effective operation of the accountability mechanism needs to be based on the perfection and implementa-tion of the current Administrative Accountability System,supplemented by the Allogenetic Accountability System and the System of Inspection.Further develop the accountability mecha-nism to make the power and responsibility of maj or administrative decisions always consistent.%责任的确定与明晰是重大行政决策责任追究机制的基石,而责任追究机制的有效运行则需要以现行行政问责制的完善与落实为基础,并辅之异体问责制与巡视制,进一步发展责任追究机制,使重大行政决策的权责始终一致。

  20. Administrative Law Judges

    Science.gov (United States)

    The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws.

  1. The New York Court Review of Children in Foster Care

    Science.gov (United States)

    Festinger, Trudy Bradley

    1975-01-01

    Presents a study which investigated three areas: (1) factors related to the court's determination of foster care status or availability of children for adoption; (2) the extent of agreement between agency recommendations and court orders; and (3) the impact of the court review on moving children out of foster care. (SDH)

  2. Highway Safety Program Manual: Volume 7: Traffic Courts.

    Science.gov (United States)

    National Highway Traffic Safety Administration (DOT), Washington, DC.

    Volume 7 of the 19-volume Highway Safety Program Manual (which provides guidance to State and local governments on preferred highway safety practices) focuses on traffic courts, their purpose and objectives. Federal authority in the area of traffic courts are described. Program development and operations (a study of courts trying traffic cases, a…

  3. NATIONAL COUNCIL FOR COMBATING DISCRIMINATION – COURT OF JUSTICE OF EUROPEAN UNION – BUCHAREST COURT OF APPEAL. CAUSE C-81/12

    Directory of Open Access Journals (Sweden)

    Cristian JURA

    2014-05-01

    Full Text Available The scope of this investigation consists in closing the jurisdictional circle initiated in 2010 and analysing the national and European procedural, jurisdictional-administrative issues, in case of notifying some institutions related to certain discriminatory assertions. The investigation relies on assertions made during a radio show. On 12 October 2011 the Bucharest Court of Appeal ruled the notification of the Court of Justice of European Union related to preliminary questions formulated and ordered the suspension of the case until the settlement of the procedure. In 2013, the Bucharest Court of Appeal, although initially accepting the preliminary application of ACCEPT, submitting the case to the Court of Justice of European Union in order to determine the manner of interpretation of communitarian legislation related to the claims of plaintiff, eventually all arguments of CNCD have been accepted that is the warning is an effective, reasonable, dissuasive and (contextual proportional sanction, and such declaration cannot be understood as a discrimination in the labour field. De facto, the assertions of CNCD were in full agreement with the resolution of the Court of Justice of European Union, that is the communitarian legislation does not exclude the application of some sanctions without pecuniary character, such as the sanction with warning, since this kind of sanction does not have only a symbolic character, being a contraventional legal sanction, mainly when associated a relevant degree of advertising (such in the case, and the addressee is addressed, with arguments, directly and expressly the recommendation of meeting the non-discrimination principle, under the implicit effect of a more drastic sanction in case of relapse (discrimination in the same field.

  4. Abandoning the common law: medical negligence, genetic tests and wrongful life in the Australian High Court.

    Science.gov (United States)

    Faunce, Thomas; Jefferys, Susannah

    2007-05-01

    The Australian High Court recently found that the common law could allow parents to claim tortious damages when medical negligence was proven to have led to the birth of an unplanned, but healthy, baby (Cattanach v Melchior (2003) 215 CLR 1). In Harriton v Stephens (2006) 80 ALJR 791; [2006] HCA 15 and Waller v James; Waller v Hoolahan (2006) 80 ALJR 846; [2006] HCA 16 the High Court in a six-to-one decision (Kirby J dissenting) decided that no such claim could be made by a child when medical negligence in failing to order an in utero genetic test caused the child severe disability. In an era when almost all pregnancies will soon require patented fetal genetic tests as part of the professional standard of care, the High Court, by barring so-called "wrongful life" (better termed "wrongful suffering") claims, may have created a partial immunity from suit for their corporate manufacturers and the doctors who administer them. What lessons can be learnt from this case about how the Australian High Court is, or should be, approaching medical negligence cases and its role as guardian of the Australian common law?

  5. Zum Ausdruck der Bewertung in deutschen und litauischen gerichtlichen Entscheidungen | Expression of evaluation in German and Lithuanian court judgments

    Directory of Open Access Journals (Sweden)

    Virginija Masiulionytė

    2014-12-01

    Full Text Available This paper deals with the expression of evaluation in German and Lithuanian court judgments in civil cases. The purpose is to analyze lexical and grammatical devices, used by the court – the source of evaluation in this text type – in its judgments to express its opinion towards certain objects of evaluation. The analyzed corpus consists of 10 randomly selected court judgments in German (44 522 words in total and 10 in Lithuanian (38 347 words in total. The actual scope of the paper is a particular part of the judgments, namely, the grounds, in which the court examines the suit, pleadings of the parties, certain issues, facts and circumstances relevant for the decision etc. and gives its reasons for the decision. The respective parts of court decisions make up a subcorpus of 29 274 words in German and 18 693 words in Lithuanian. The main focus of the research are the aspects of evaluation, i. e. particular attributes of the objects evaluated. It has been found that in the analyzed court judgments the objects are evaluated in terms of success, merits, admissibility, veracity, reasonableness, persuasiveness, suitability, extent, probability etc. The research shows that lexical devices used in the court judgments in both languages to express the evaluation are typically formed on the same basis, e. g. tikėtina ‘(it is probable’ and tikimybė ‘probability’, abejoti ‘to doubt’ and abejonės ‘doubts’, unangemessen ‘unreasonable’ and Unangemessenheit ‘unreasonableness’; zweifelhaft ‘dubious’, zweifelsfrei ‘free of doubt’ and Zweifel ‘doubt’. In comparison to the German court judgments analyzed, Lithuanian court judgments contain an wider diversity of specific lexical constructions containing verba dicendi and verba putandi, in which the evaluating subject is encoded explicitly. The constructions found include the following: teismas sprendžia, kad/jog ‘the court rules that’, teismas laiko, kad ‘the court

  6. SUPPORT OF ADOPTION OF ADMINISTRATIVE DECISIONS WHEN CARRYING OUT PROCEDURE OF THE CHOICE OF THE PLACE OF PASSING OF PROFESSIONAL DEVELOPMENT OF THE PERSONNEL

    Directory of Open Access Journals (Sweden)

    Yaroslav E. Prokushev

    2015-01-01

    Full Text Available The article is devoted to a problem ofsupport of decision-making for a choiceof the program of passing of professionaldevelopment of the personal. The scope of the work is the sphere of theoreticaland applied questions of human resourcemanagement. The procedure of a choice of the program of professional development of the personal taking into accountthe available needs for its training isoffered.

  7. The supreme court and the sentencing of juveniles in the United States: reaffirming the distinctiveness of youth.

    Science.gov (United States)

    Siegel, David M

    2011-07-01

    The US Supreme Court has set 2 key constitutionally based limits to punishment of juveniles; a bar on the imposition of the death penalty for crimes committed by juveniles and of life imprisonment without possibility of parole for juveniles who commit nonhomicide offenses. Both decisions held that these penalties were disproportionate given juveniles' distinctive characteristics. The Court's adoption of a developmental model of culpability may produce future challenges to lengthy juvenile sentences, broad provisions allowing transfer of juveniles for trial as adults, and even possibly to younger juveniles'competence to stand trial.

  8. Gene patents, patenting life and the impact of court rulings on US stem cell patents and research.

    Science.gov (United States)

    Matthews, Kirstin R W; Cuchiara, Maude L

    2014-03-01

    In June 2013, the US Supreme Court ruled that naturally occurring genes were unpatentable in the case Association for Molecular Pathology v. Myriad Genetics. Up until this decision, Myriad Genetics was the only company in the USA that could legally conduct diagnostic testing for BRCA1 and 2, genes that are linked to familial breast and ovarian cancer. The court case and rulings garnered discussion in public about patenting biological materials. This paper will describe the progression of the Myriad Genetics case, similar US rulings and biological intellectual property policies. In addition, it will discuss the impact of the case on biological patents - specifically those for human embryonic stem cells.

  9. 环境行政决策程序建构中的公众参与%Public Participation in the Construction of Environmental Administrative Decision-making Procedures

    Institute of Scientific and Technical Information of China (English)

    周珂; 史一舒

    2016-01-01

    Public participation is the basis of and the key to the construction of environmental administrative de-cision-making procedures and a concrete manifestation of modern democratic politics.The fundamental purpose of public participation is to formulate scientific and fair decisions through equal public participation in rational negotia-tion and conversation.Public participation in environmental decision-making as a subcategory of public participa-tion,possess both commonality with public participation and the particularity of environmental administration.The process of the public participation as a core link in the environmental administrative decision-making procedures plays a vital role in guaranteeing the legitimacy and rationality of decision-making.However,at current stage multi-ple problems exist in the public participation system in the procedure of administrative decision-making,mainly man-ifested in the low degree of environmental information disclosure at the early stage of decision-making,which leads to the late public participation;limited channels of public participation during the process of decision-making,which is often dominated by administrative organs and lack of debates and cross-examination by the interest groups;and insuf-ficient timely feedback on the public participation at the final stage,which dampens public confidence and the gov-ernment′s credibility.In view of this,to ensure open and transparent environmental information disclosure before-hand,improved details during the intermediate process and necessary evaluation and review mechanism after the de-cision making,the paper proposes relevant concrete systems of public participation,such as expanding the channels of the environmental information disclosure,increasing organizational scale by diversifying forms of participation in environmental administrative decision-making and enhancing the mechanism of feedback on the result of the decision-making,in the hope of improving the quantity

  10. Legal-accounting interfaces in law recovery procedures in São Paulo City District Court

    Directory of Open Access Journals (Sweden)

    Ivam Ricardo Peleias

    2016-08-01

    Full Text Available Judicial reorganization, based on Brazilian Law 11.101/2005, has legal and accounting connections, and is responsible for studying the presence of Accountancy and accountants in six judicial processes, in two bankruptcy and judicial reorganization courts - Fórum João Mendes Jr. – São Paulo city, Brazil. It is a descriptive research, based on documental and content analysis, with the triangulation of interviews with judges, four legal administrators and the analysis of six processes by debtor companies. Accountancy appears in the analysed processes, through the financial statements joined by debtor companies. The accountants act as court appointed experts, helping judges and legal administrators. However, they do not act as managers. It was found the timid presence of Accountancy and accountants in the analyzed processes. Judicial reorganization is deferred without a deep accountant analysis of the joined financial statements, to help the debtor companies.

  11. 21 CFR 10.45 - Court review of final administrative action; exhaustion of administrative remedies.

    Science.gov (United States)

    2010-04-01

    ... the suggestion that the other plaintiffs intervene in that one suit; or (4) A request that one of the... within the 10-day period, in accordance with the applicable rule of the panel. (3) For the purpose...

  12. Catalogue of Workforce Information Sources: Decision Making Assistance for Regional Economic Development. U.S. Department of Labor, Employment and Training Administration

    Science.gov (United States)

    US Department of Labor, 2009

    2009-01-01

    In early 2006, The U.S. Department of Labor (DOL), Employment and Training Administration (ETA) began an initiative called Workforce Innovation in Regional Economic Development (WIRED) to help regions create competitive conditions, integrate economic and workforce development activities, and demonstrate that talent development can successfully…

  13. Análise técnica para a tomada de decisão do fornecimento de medicamentos pela via judicial Análisis técnico para la toma de decisiones de abastecimiento de medicamentos por la vía judicial A technical analysis of medicines request-related decision making in Brazilian courts

    Directory of Open Access Journals (Sweden)

    Eloisa Israel de Macedo

    2011-08-01

    procesos fueron obtenidas en el Tribunal de Justicia del Estado de Sao Paulo. Los documentos administrativos legales que regulan la asistencia farmacéutica fueron consultados para identificar la solicitud judicial de medicamentos incorporados por el Sistema Único de Salud. Para análisis del nivel de evidencia de los medicamentos en las indicaciones clínicas referidas, fue consultada la base de datos Thomson Micromedex®. RESULTADOS: El número de medicamentos solicitados en cada proceso varió entre uno y siete ítems, en los cuales fueron identificados 77 fármacos diferentes. De los medicamentos solicitados, 14,3% deberían estar disponibles en la atención básica del Sistema Único de Salud, 19,5% en el componente de medicamentos de dispensación excepcional y 66,2% no pertenecían a ninguna lista oficial. Medicamentos del componente de dispensación excepcional presentaron mejor evidencia clínica al ser indicados en el tratamiento de enfermedades cubiertas por los Protocolos Clínicos y Directrices Terapéuticas del Ministerio de la Salud. CONCLUSIONES: La vía judicial ha sido utilizada para garantizar el acceso a medicamentos cuyo abastecimiento está previsto en el Sistema Único de Salud y para solicitar aquellos no incorporados por él. La evaluación del nivel de evidencia refuerza la necesidad de análisis técnica para la toma de decisión del abastecimiento de medicamentos por la vía judicial.OBJECTIVE: To analyze judicial requests for medications that are covered by the pharmaceutical assistance components of the Sistema Único de Saúde (SUS - Brazilian Unified Health System. METHODS: We analyzed 81 judicial requests for medications in the State of São Paulo between 2005 and 2009. The details of these cases were obtained electronically from the Court of Justice of the State of São Paulo. Directives that regulate pharmaceutical assistance were consulted to identify judicially requested medications that are covered by the SUS. To assess the level of

  14. Sociomateriality at the Royal Court of IS

    DEFF Research Database (Denmark)

    Kautz, Karlheinz; Jensen, Tina Blegind

    2013-01-01

    The notion of ‘sociomateriality’ has recently gained in popularity among information systems (IS) scholars in their search for providing new ways of investigating and theorizing about IS in organizations and society at large. While some scholars put forward arguments and research accounts that lead...... for progressing the theorizing of ‘man–machine’ reconfigurations, we point to the necessity of a deeper exploration of the term. Inspired by the Alternative Genres Track at the European Conference on Information Systems 2012, the purpose here is to take a fresh look, to evoke new insights and to gain deeper...... understanding of the notion of sociomateriality and its use in the IS discipline. We invite the reader to attend a prolonged monologue – characterized by honesty, frank observations and wit – at the royal court of IS. The monologue is delivered by the court jester and directed to the two sovereigns who, based...

  15. Framework for Analysis of Mitigation in Courts

    Science.gov (United States)

    2005-01-01

    examinations in six Swedish (Andenaes, 1968; Inger, 1986) and five Bulgarian (Terziev, 1987) court trials. Altogether the bilingual corpus consists of 46 000...not be mitigated because they do not have unwelcome effect, which is problematic to apply especially in intercultural communication perspective...Acknowledgements I express my gratitude to Jens Allwood and The Swedish Foundation of International Cooperation in Research and Higher Education (STINT) for

  16. [The judicialization of health care: a case study of three state courts in Brazil].

    Science.gov (United States)

    Travassos, Denise Vieira; Ferreira, Raquel Conceição; Vargas, Andréa Maria Duarte; de Moura, Rosa Núbia Vieira; Conceição, Elza Maria de Araújo; Marques, Daniela de Freitas; Ferreira, Efigênia Ferreira E

    2013-11-01

    The scope of this study was to describe and compare records of the results of lawsuits filed in three Brazilian courts in cases involving the Unified Health System. A survey was made of the judgments listed on electronic sites of Courts of Justice in the states of Pernambuco, Rio Grande do Sul and Minas Gerais using a specific script. A total of 558 judgments was analyzed. There was a greater frequency of ordinary lawsuits (73.1%). In the majority of cases, it was not possible to identify the economic situation of the plaintiff or the legal representative of the defendant (54.5%). In cases where such identification was possible, a public defender was the most common (71.5%). The cases were predominantly individual in all three states. There was a large number of requests for injunctions (83.8%), which were almost always granted (91.2%), with the allegation of urgency/emergency in almost all cases (98.8%). The majority of decisions were favorable to the users of the public healthcare system (97.8%). The decisions studied showed that the users sought to ensure their right to health individually, using the public authorities to file their lawsuit, but there is a perceived difference in posture between legal courts evaluated. There is a strong tendency of the judiciary to accept these requests.

  17. Courts, Scheduled Damages, and Medical Malpractice Insurance

    DEFF Research Database (Denmark)

    Bertoli, Paola; Grembi, Veronica

    We assess the impact of the introduction of schedules of non-economic damages (i.e. tiered caps systems) on the behavior of insurers operating in the medical liability market for hospitals while controlling the performance of the judicial system, measured as court backlog. Using a difference-in-d...... questions whether schedules of non-economic damages, as well as other limitations on compensations to medical malpractice victims, are an effective way to improve the payoff of health care providers.......We assess the impact of the introduction of schedules of non-economic damages (i.e. tiered caps systems) on the behavior of insurers operating in the medical liability market for hospitals while controlling the performance of the judicial system, measured as court backlog. Using a difference......-in-differences strategy on Italian data, we find that the introduction of schedules increases the presence of insurers (i.e. medical liability market attractiveness) only in inefficient judicial districts. In the same way, court inefficiency is attractive to insurers for average values of schedules penetration...

  18. Two Issues on Administrative Enforcement:Position and Responsibility%行政强制执行二题:定位与责任

    Institute of Scientific and Technical Information of China (English)

    闫尔宝

    2014-01-01

    《行政强制法》对行政强制执行的界定与后续的强制执行程序、违法强制执行责任的规定之间存在不协调的问题,有必要从法律制度的角度对行政强制执行进行重新定位。行政机关自力执行时,应在行政决定的赔偿责任与行政强制执行的赔偿责任之间作出区分;在人民法院依申请强制执行时,要按照行政决定是否存在明显违法的情形来确定是人民法院单独承担赔偿责任,还是由人民法院与行政机关共同承担赔偿责任。%The uncoordinated problems among definition of administrative enforcement in the Administrative Enforcement Law, the subsequent enforcement procedures and illegal enforcement responsibility require repositioning of administrative enforcement from the perspective of the legal system. For self-enforcement by the administrative organ, the difference between compensation responsibility of the administrative decision and administrative enforcement should be distinguished. While, for enforcement by application of the people’s court, whether the people’s court take individual compensation responsibility or common compensation responsibility with the administrative organ depends on there being obviously illegal situation in the administrative decision or not.

  19. Substituted decision making: elder guardianship.

    Science.gov (United States)

    Leatherman, Martha E; Goethe, Katherine E

    2009-11-01

    The goal of this column is to help experienced clinicians navigate the judicial system when they are confronted with requests for capacity evaluations that involve guardianship (conservatorship). The interface between the growing elderly medical population and increasing requests for substituted decision making is becoming more complex. This column will help practicing psychiatrists understand the medical, legal, and societal factors involved in adult guardianship. Such understanding is necessary in order to effectively perform guardianship evaluations and adequately inform courts, patients, and families about the psychiatric diagnoses central to substituted decision making.

  20. CONVERTING THE 'RIGHT TO LIFE' TO THE 'RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA': AN ANALYSIS OF CARTER V CANADA (ATTORNEY GENERAL), SUPREME COURT OF CANADA.

    Science.gov (United States)

    Chan, Benny; Somerville, Margaret

    2016-01-01

    In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for 'revisiting' Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying.

  1. The influence of the rulings of the Constitutional Court on the development of health law in Lithuania.

    Science.gov (United States)

    Birmontiene, Toma

    2007-12-01

    This article highlights some recent developments in the constitutional doctrine of the right to health care in Lithuania, and more in particular the impact of the decisions of the Constitutional Court of Lithuania on the development of health law. The right to health care, enshrined in the Constitution, is both an obligation of the state and an individual right. The Constitutional Court has developed a doctrine of the right to health care, as well a doctrine of certain other constitutional social rights, which is based on the understanding of the close interrelation between the different constitutional rights, the principle of indivisibility and equal importance of these rights, and the presumption of justiciability of social rights. The analysis is based on the jurisprudence of the Constitutional Court. Two cases on the disputes of the legal regulation concerning the pharmaceutical activities are presented in more detail.

  2. A plea for caution: violent video games, the Supreme Court, and the role of science.

    Science.gov (United States)

    Hall, Ryan C W; Day, Terri; Hall, Richard C W

    2011-04-01

    On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its review and interpretation of the medical and social science literature addressing the effects of violent video games on children. Those on both sides of the violent video game debate claim that the scientific literature supports their opinions. Some involved in the debate have proclaimed that the debate is scientifically settled and that only people holding personal interests and biases oppose these "established truths." We review the historical similarities found in the 1950s comic book debate and studies identified from a PubMed search of the term violent video games showing both the harmful and beneficial effects of these video games. We define factors that physicians need to consider when reading and stating opinions about this literature. Opinions from past court rulings are discussed to provide insight into how judges may approach the application of these social science studies to the current legal issue. Although on the surface the case of Schwarzenegger v Entertainment Merchants Association pertains only to the restriction of violent video games, it may establish principles about how medical and public health testimony can affect fundamental constitutional rights and how much and on what basis the courts will defer to legislators' reliance on unsettled science.

  3. Heeding Black Voices: The Court, Brown, and Challenges in Building a Multiracial Democracy

    Directory of Open Access Journals (Sweden)

    Joe R. Feagin

    2004-04-01

    Full Text Available In 1967, thirteen years after the first Brown v. Board of Education decision, Dr. Martin Luther King, Jr. voiced great frustration with the lack of progress in societal desegregation: “[e]very civil rights law is still substantially more dishonored than honored. School desegregation is still 90 percent unimplemented across the land. . . . Legislation that is evaded, substantially nullified and unenforced is a mockery of the law.” Dr. King articulated the views of most African-Americans, views stemming from centuries of painful experiences with systemic racism in U.S. society. Thus, for more than a decade after Brown, white officials in southern districts defied the mandates and implications of Supreme Court and lower federal court rulings and, therefore, the black perspective on U.S. racism and racial change. Indeed, by 1960-1961 only a miniscule 0.16 percent of black children were in school with white children in the South.

  4. Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia )

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2015-01-01

    Most international criminal courts and tribunals find provisional detention absolutely necessary to ensure the swift delivery of justice. A decision on pre-trial detention must be in conformity with well-recognized human rights standards, thus respecting the person’s right to a fair trial...... and upholding the presumption of evidence. Although the general assumption in criminal law is that pre-trial detention is the exception and not the rule, a number of factors, such as the gravity of the crimes, as well as heightened flight risk of the accused, appear to have reversed the test employed...... in international criminal courts and tribunals. To date, all provisional detention orders against former members of the inner circle of Pol Pot, except for one, have been re-affirmed on appeal in the ECCC. This commentary appraises the ECCC case law on pre-trial detention from the standpoint of its conformity...

  5. Preparing Children for Court: Effects of a Model Court Education Program on Children's Anticipatory Anxiety.

    Science.gov (United States)

    Nathanson, Rebecca; Saywitz, Karen J

    2015-08-01

    The current study examined whether a pretrial preparation program, consisting of legal knowledge education, stress inoculation training, and a mock trial, is associated with decreased anticipatory anxiety of child witnesses. One hundred and ninety-three 4- to 17-year-olds who were awaiting impending legal proceedings attended Kids' Court School in Las Vegas, NV, one to two weeks before their court appearances. Participants completed a measure of anticipatory court-related anxiety before and after the intervention. As predicted, children's anticipatory anxiety decreased significantly from pretest to posttest. Results demonstrate the promise of a brief, unbiased, standardized program for reducing system-induced stress on child witnesses, while maintaining the integrity of the legal process. This study serves as a springboard to guide future research, practice, policy, and implementation on a larger scale.

  6. The Enforceability of Illegal Employment Contracts according to the Labour Appeal Court Comments on Kylie v CCMA 2011 4 SA 383 (LAC

    Directory of Open Access Journals (Sweden)

    KJ Selala

    2011-05-01

    Full Text Available The Labour Appeal Court in Kylie v CCMA decided the vexed question as to whether or not the CCMA has jurisdiction to resolve a dispute of unfair dismissal involving a sex worker. Both the CCMA and the Labour Court had declined to assume jurisdiction to resolve the dispute on the basis that the employee’s contract of employment was invalid and therefore unenforceable in law. The Labour Appeal Court, on the other hand, overturned the Labour Court’s decision and held that the CCMA has jurisdiction to resolve the dispute, regardless of the fact that sex work is still illegal under the South African law. For this decision, the Labour Appeal Court relied on section 23(1 of the Constitution, which provides that everyone has the right to fair labour practices. According to the Labour Appeal Court the crucial question for determination by the court was if a person in the position of a sex worker enjoyed the full range of constitutional rights including the right to fair labour practices. In the court’s reasoning the word everyone in section 23(1 of the Constitution is a term of general import and conveys precisely what it means. In other words everyone, including a sex worker, has the right to fair labour practices as guaranteed in the Constitution. A critical analysis of the judgment is made in this case note. The correctness of the court’s judgment, particularly insofar as it relates to the approach to and the determination of the issue of jurisdiction, is questioned. It is argued that the Court lost focus on the main issue in the appeal, namely jurisdiction, and instead proceeded to place heavy emphasis on the employee’s constitutional rights. Relying on a handful of cases of the Supreme Court of Appeal and the Constitutional Court, the case note concludes that the approach adopted by the Labour Appeal Court in the determination of the appeal was incorrect - hence its decision. Given the critical importance of the matter, and the attendant

  7. Forced Displacement and State Council. The Judge who Had a Wide Range of Arguments but not a Broad Extent of Decisions

    Directory of Open Access Journals (Sweden)

    Miguel Andrés López Martínez

    2014-07-01

    Full Text Available People in forced displacement can receive reparations through the State liability declarations by a judge. Judgment could involve some disadvantages but it is still probably to overcome them if the judge attends experts’ recommendations. Theorists were inspired in unconstitutional statu quo showed by Constitutional Court in T-025 case in 2004. We attempt to identify the proposals that influenced the State liability area and specifically the way in which they changed the frame of administrative judge’s decisions. First, we identified 18 theoretical scape lines, as alternatives to understand in a wider sense the damage, its imputation and reparation in a judicial landscape. Second, we attempt to establish if the State Council was influenced by the theorists’ suggestions, by studying four decisions published from 2004 until 2010. The evidence has shown that the administrative judge was far from the theorists’ proposals, although his attempts to offer better conditions to the victims.

  8. Court applications for withdrawal of artificial nutrition and hydration from patients in a permanent vegetative state: family experiences

    Science.gov (United States)

    Kitzinger, Celia; Kitzinger, Jenny

    2016-01-01

    Withdrawal of artificially delivered nutrition and hydration (ANH) from patients in a permanent vegetative state (PVS) requires judicial approval in England and Wales, even when families and healthcare professionals agree that withdrawal is in the patient's best interests. Part of the rationale underpinning the original recommendation for such court approval was the reassurance of patients’ families, but there has been no research as to whether or not family members are reassured by the requirement for court proceedings or how they experience the process. The research reported here draws on in-depth narrative interviews with 10 family members (from five different families) of PVS patients who have been the subject of court proceedings for ANH-withdrawal. We analyse the empirical evidence to understand how family members perceive and experience the process of applying to the courts for ANH-withdrawal and consider the ethical and practice implications of our findings. Our analysis of family experience supports arguments grounded in economic and legal analysis that court approval should no longer be required. We conclude with some suggestions for how we might develop other more efficient, just and humane mechanisms for reviewing best interests decisions about ANH-withdrawal from these patients. PMID:26486571

  9. Procedural Justice in Dutch Administrative Law Proceedings

    NARCIS (Netherlands)

    Verburg, André; Schueler, Ben

    2014-01-01

    In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judg

  10. The administration route is decisive for the ability of the vaccine adjuvant CAF09 to induce antigen-specific CD8(+) T-cell responses

    DEFF Research Database (Denmark)

    Schmidt, Signe Tandrup; Khadke, Swapnil; Korsholm, Karen Smith

    2016-01-01

    A prerequisite for vaccine-mediated induction of CD8(+) T-cell responses is the targeting of dendritic cell (DC) subsets specifically capable of cross-presenting antigen epitopes to CD8(+) T cells. Administration of a number of cationic adjuvants via the intraperitoneal (i.p.) route has been shown.......p. immunization, is required for the subsequent activation of cross-presenting lymphoid organ-resident CD8α(+) DCs. In contrast, s.c. or i.m. immunization usually results in the formation of a depot at the site of injection (SOI), which hinders the self-drainage and targeting of the vaccine to cross-presenting CD......8α(+) DCs. We investigated this hypothesis by correlating the biodistribution pattern and the adjuvanticity of the strong CD8(+) T-cell inducing liposomal cationic adjuvant formulation 09 (CAF09), which is composed of dimethyldioctadecylammonium bromide/monomycoloyl glycerol liposomes...

  11. Applications for waiver of effective date of the 1981 model year carbon monoxide (CO) emission standard for light-duty motor vehicles. second consolidated decision of the administrator

    Energy Technology Data Exchange (ETDEWEB)

    1979-12-03

    Under the amended Clean Air Act of 1978, the U.S. Environmental Protection Agency has granted a waiver of the 3.4 g/mi CO emission standard to Toyo Kogyo Co. Ltd.'s 91 and 120 CID (cubic inch displacement) 1981 model year light-duty motor vehicles and has established an interim standard of 7.0 g/mi, because these models will be unable to incorporate an effective CO control technology to meet the statutory standard by 1981 and because the public health will not be unduly threatened by non-attainment of the 3.4 g/mi standard. This decision should enable Toyo Kogyo to market two of its engines without catalyst changes. CO emission standard waivers were denied to Fuji Heavy Industries Ltd., Nissan Motor Co. Ltd., and Renault for their respective 1981 light-duty motor vehicles, and to Toyo Kogyo for two 1982 vehicles and a rotary engine, mainly because these vehicles are thought able to meet the statutory standard for 1981 and 1982 even if costs, drivability, and fuel economy are considered.

  12. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

    Full Text Available Abstract Performance assessments have become commonplace in management, even in the public sector. With the increasing pressure on courts to perform while making efficient use of resources, performance assessments in the justice system are also gaining in importance. However, the need for judicial independence poses special challenges for performance assessments in courts. Against this background, this article conducts a constitutional appraisal, and contrasts the need for judicial independence with the principles governing effectiveness and efficiency, self-government and supervision, and appointment and re-appointment. A duty to guarantee justice can be derived from this that does not in principle exclude the performance assessment of judges, but even renders it essential, subject to compliance with certain requirements. In these circumstances, it seems hardly surprising that numerous countries conduct performance assessments of judges and also that various international institutions have developed principles for this purpose, a summary of which is presented – in Switzerland’s case based on a recently conducted survey. In the field of conflict between the guaranteeing justice and protecting the judiciary, the following key questions arise in particular: What is the purpose of performance assessments and what are the consequences?What is subjected to a performance assessment and what are the assessment criteria?How is performance recorded as the basis for the performance assessment?Who is subjected to a performance assessment, and must a distinction be made between judges in higher and lower courts?Who carries out the performance assessment and what methods of protecting one’s rights are available?Who should receive the results of the performance assessment?The contribution sketches out possible answers to these key questions and aims to encourage academics and practitioners to give further consideration to this subject.

  13. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

    Full Text Available The independence of the court is essential of state of rule, to maintain the stability in juridical intercourse, for the existence of a constitutional democracy achieved through a warranty of the necessary objectivity for the steady and legal settlement of the causes deducted to the trial and the achievement of a fair trial. The article emphasizes the main international juridical tools in which independence of justice is reflected, achieving an examination of judicial practice of European instance as well as an analysis of this principle as it is regulated by Romanian justice.

  14. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

    In this article the author explores key aspects of Denmark’s reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion...... the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgments which help illustrate...

  15. Who can monitor the court interpreter's performance?

    DEFF Research Database (Denmark)

    Martinsen, Bodil

    2009-01-01

    to assume that they are able to monitor and thus evaluate the interpreting if the foreign language used in court belongs to the major ones within the Danish educational system, like English or French, contrary to "exotic" migrant languages. This paper highlights the problem that the interpreted proceedings...... are far less transparent for the legal participants than they normally assume. This problem, in turn, stresses the importance of a) the interpreter's competence and self-awareness and b) the use of check interpreters.  ...

  16. Study on Reform of County -Level Government Decision -Making Model From Perspective of Administrative Law%行政法视角下我国县级政府决策模式改革研究

    Institute of Scientific and Technical Information of China (English)

    王霁霞; 周淑婷

    2012-01-01

    In China, the county - level government decision - making model features strong controlling, low level of openness, and weakness in democratic participation as well as lack of effective surveillance. Reform of the county - level government decision - making model concerns such issues about administrative law as the main body, authority, procedure and legal responsibility of decision making. Reform in the future includes having a certain de- gree of separation between decision - making and implementation, increasing participative decision - making as well as rational and technical decision- making. Research group of 'government power structure and operation mecha- nism under the vision of rule of law' investigated recognition degrees of the reform of county - level government de- cision - making model of central and local officials. Findings reflect different recognition degrees between different levels and regions of governments. In course of the reform of government decision - making, it should progress the reform in accordance with the law with focus of the power distribution, relevant procedure and legal responsibility of decision - making, such factors taken into consideration as the particularity, interests and true information of county -level government, and difference in different regions.%我国县级政府决策模式具有管制色彩重、封闭性强、民主参与程度弱、决策权力缺乏有效监督等特点,围绕县级政府决策模式改革涉及的决策主体、权限、程序、法律责任等行政法问题,未来改革方向包括强化决策与执行的适度分离、增强参与性决策与技术理性决策的比重等。法治视野下的政府权力结构和运行机制研究课题组设计了县级政府决策模式改革的几种方案,并对中央与地方公务员进行认同度调查。调查结果反映出不同府级与地区公务员对改革方案存在较大意见分歧。在进行政府决策模式改革过程

  17. 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.

  18. Indigenous Partner Violence, Indigenous Sentencing Courts, and Pathways to Desistance.

    Science.gov (United States)

    Marchetti, Elena; Daly, Kathleen

    2016-09-13

    Mainstream sentencing courts do little to change the behavior of partner violence offenders, let alone members of more socially marginal groups. Indigenous offenders face a court system that has little relevance to the complexity of their relations and lived experiences. Assisted by respected Elders and Community Representatives, Australian Indigenous sentencing courts seek to create a more meaningful sentencing process that has a deeper impact on Indigenous offenders' attitudes and, ultimately, their behavior. Drawing from interviews with 30 Indigenous offenders, we explore the ways in which the courts can motivate Indigenous partner violence offenders on pathways to desistence.

  19. Court Interpreting in Denmark - the role of court interpreters in Danish courtrooms

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    1999-01-01

    that Danish court interpreters regularly fail to adhere to one of the rules stipulated under accuracy and completeness: the rule regarding additions. The contention is one of the hypotheses of a recently undertaken PhD project which aims at demonstrating the presence of additions in interpreter renditions...

  20. In courtroom 7--the Children's Koori Court at work: findings from an evaluation.

    Science.gov (United States)

    Borowski, Allan

    2011-10-01

    This article reports some of the findings of an evaluation of the Children's Koori Court (CKC)--the first legislated effort in Australia to involve the Indigenous community in the sentencing of young Aboriginal offenders as a strategy for reducing their overrepresentation in the juvenile justice system. A prominent feature of this court of summary jurisdiction is that the presiding magistrate, while remaining the sentencing authority, is assisted by Aboriginal Elders. This article focuses on the evaluation findings that were derived from observations of the CKC in action. They indicate that the operational objective of cultural responsiveness was realized. They also point to realization of the community-building goal-fostering Indigenous ownership of the administration of the law. Little slippage was found between the CKC's design and operation, although some areas of improvement were identified. Nevertheless, the scope for the CKC by itself to significantly reduce overrepresentation is limited.

  1. 从行政决策过程分析媒体的积极角色%An Analysis of the Positive Role of Media from the Process of Administration Decision-Making

    Institute of Scientific and Technical Information of China (English)

    梁丰

    2011-01-01

    对于媒体角色的定位和划分.有些学者根据其与政府的关系,归纳为“喉舌论”、“第四权力论”、“挑战者论”及“双赢论”。文章将侧重从行政决策全过程的视角去考察媒体所扮演的积极角色,预测媒体角色的发展趋势.探讨媒体与决策机构、民众的互动中形成的一种互利共赢的良好局面。%Some scholars identified the role of mass media according to their relationship with the government, which was generalized as mouthpiece, the fourth estate, the challenger, and win-win situation. This essay views the positive role of mass media from another angle. That is to analyze it through the whole process of administrative decision, and then to predict the development of the role about mass media and the win-win blueprint that can be fulfilled by the interaction among media, decision-making body, and the public.

  2. The Impact of Two Los Angeles County Teen Courts on Youth Recidivism: Comparing Two Informal Probation Programs

    Science.gov (United States)

    Gase, Lauren N; Kuo, Tony; Lai, Elaine; Stoll, Michael A; Ponce, Ninez

    2016-01-01

    Objective This study sought to examine the impact of two Teen Courts operating in Los Angeles County, a juvenile justice system diversion program in which youth are judged by their peers and given restorative sentences to complete during a period of supervision. Methods A quasi-experimental design was used to compare youth who participated in Teen Court (n=112) to youth who participated in another diversion program administered by the Probation Department (the 654 Contract program) (n=194). Administrative data were abstracted from Probation records for all youth who participated in these programs between January 1, 2012 and June 20, 2014. Logistic and survival models were used to examine differences in recidivism - measured as whether the minor had any subsequent arrest or arrests for which the charge was filed. Results Comparison group participants had higher rates of recidivism than Teen Court participants, after controlling for age, gender, race/ethnicity, and risk level. While the magnitude of the program effects were fairly consistent across model specifications (odd ratios comparing Teen Court [referent] to school-based 654 Contract ranging from 1.95 to 3.07, hazard ratios ranging from 1.62 to 2.27), differences were not statistically significant in all scenarios. Conclusions While this study provides modest support for the positive impact of Teen Court, additional research is needed to better understand how juvenile diversion programs can improve youth outcomes. PMID:27547171

  3. La compétence judiciaire en matière administrative en droit libanais et en droit français

    OpenAIRE

    Irani, Carl

    2014-01-01

    In regard to the principle of separation of powers, the distribution of competences between the administrative and the ordinary courts is based on the nature of the litigations. If the matter concerns the public law, the administrative court is competent. Whereas the ordinary court would have jurisdiction whenever the litigation in question is related to a matter of private law. However, this principle is not absolute. The French and Lebanese laws admit that there are cases where the judicial...

  4. South African court rejects country's new constitution.

    Science.gov (United States)

    1996-09-20

    Fundamental principles designed to ensure that South Africa's new constitution upholds a wide range of individual rights and freedoms and establishes a responsive government with a balanced separation of powers, including recognition of the role of traditional tribal leadership, were adopted into the current interim constitution shortly before the 1994 free elections which brought Nelson Mandela and the African National Congress to power. In a judgement issued on September 6, 1996, South Africa's Constitutional Court rejected the country's new draft constitution, arguing that it failed to meet the standards of nine of the 34 principles established at the Kempton Park negotiations. The Constitutional Assembly is comprised of a joint meeting of the National Assembly and Senate. One of the court's major objections to the constitution concerned the proposed structure of rule, which was seen to give inadequate power to South Africa's nine provinces as compared with the national government. However, the bill of rights was almost entirely upheld. The bill would create a favorable environment for legalized abortion and guarantee a universal right of access to health care, including reproductive health services

  5. How did the Supreme Court ruling on DOMA affect astronomers?

    Science.gov (United States)

    Rigby, Jane R.; The AAS Working Group on LGBTIQ Equality

    2014-01-01

    In June 2013, the United States Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 had barred the federal government from recognizing same-sex marriages. The decision in United States v. Windsor, made headlines around the world, and particularly affected astronomers, since astronomers in the US are more likely than the general population to be foreign nationals, to have a foreign-born spouse, or to work for the federal government. In this poster, we highlight some of the real-world ways that the Windsor case has affected US astronomers and our profession. Bi-national couples can now apply for green cards granting permanent residency. Scientists who work for the federal government, including NASA and the NSF, can now obtain health insurance for a same-sex spouse. From taxes to death benefits, health insurance to daycare, immigration to ethics laws, the end of S3 of DOMA has had profoundly improved the lives of US scientists who are lesbian, gay, bisexual, or transgender (LGBT). Here we, highlight several real-world examples of how DOMA's demise has improved the lives and careers of US astronomer.

  6. Managing uncertainty in environmental decision making: the risky business of establishing a relationship between science and the law

    Energy Technology Data Exchange (ETDEWEB)

    Reynolds, L.A. [Department of Justice Canada, Edmonton, Alberta (Canada); Hrudey, S. [Alberta Univ., Edmonton, AB (Canada). Faculty of Medicine and Dentistry

    2006-07-01

    Government institutions, courts and administrative tribunals have been entrusted with making critical decisions concerning environmental risks. The nature of these decisions and their underlying uncertainty inevitably involve reliance upon opinion evidence from environmental scientists. This analysis begins with a review of the evolution of scientific expert opinion as an evidentiary input to legal decision-making followed by the identification of problems arising with scientific evidence based upon those problems identified by the authors and/or reported in the literature. These problem issues were organised under five categories or 'interfaces' for both environmental trials and administrative hearings, being: the quality of scientific information introduced; the communication and comprehension/understanding of scientific information; scientific uncertainty; the use of scientific information to establish and enforce decision-making standards; the suitability of existing legal decision-making institutions and legal procedures for resolution of scientific issues in environmental decision-making. Finally, unique empirical research was conducted by performing a questionnaire survey with parallel questions on 93 problem issues identified under these five interfaces. The survey was completed by 18 judges (90% response), 63 tribunal members (40.6% response), 101 lawyers (6.1% response) and 107 expert scientific witnesses (30.9% response), who had actually participated in environmental trials and administrative hearings across five jurisdictions. The differing perspectives of these groups on several issues serve to highlight many of the fundamental incompatibilities that currently exist between science and the law in relation to environmental decision-making. Eighteen recommendations are offered to address the range of problem issues identified and discussed. (author)

  7. 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.

  8. An audit of competency assessments on court-referred rape survivors in South Africa.

    Science.gov (United States)

    Pillay, Anthony L

    2008-12-01

    This report concerns rape survivors with mental retardation referred by the courts for evaluation of their competencies to (i) provide testimony in court and (ii) consent to sexual intercourse. Being a relatively new area of work in South Africa, it seems important to document findings to (i) examine the challenges facing such rape survivors, (ii) inform quality improvement in this forensic mental health task, and (iii) inform and support advocacy programmes for this vulnerable group. Of 106 rape survivors referred by courts over a 3-yr. period, 91.5% were females, 21.7% were under 16 years of age, and over two-thirds were from rural communities. In 77.4% of the cases the alleged perpetrators were people they had previously seen in the community but had not befriended. Almost 80% were classified as showing Moderate or Severe Mental Retardation, and over 90% were able to testify. However, almost two-thirds were not able to make an informed decision to consent to sexual intercourse.

  9. Using the level of Service Inventory-Revised to improve assessment and treatment in drug court.

    Science.gov (United States)

    Guastaferro, Wendy P

    2012-08-01

    More than 2,000 drug courts in the United States provide supervision and substance-abuse treatment to thousands of offenders. Yet the treatment continuum from assessment to aftercare is underexplored. The effectiveness of the Level of Service Inventory-Revised (LSI-R) as a risk assessment tool is well established. However, fewer studies have considered its use in guiding treatment strategies. In using the LSI-R, the drug court program relied on the structured interview protocol (not the risk classification scores) to identify criminogenic needs that then helped determine placement in a high- or low-needs treatment track. To evaluate the effectiveness of these treatment placement decisions, this research used the LSI-R scores to examine individual and group differences (N = 182). Significant and substantive differences at the individual and group levels were found thus providing empirical support for using the LSI-R as a link between assessment and treatment. Implications for developing standards and practice protocols for drug courts are discussed.

  10. INTRODUCTION IN THE JURISPRUDENCE OF EUROPEAN COURT OF JUSTICE IN FISCAL MATTER

    OpenAIRE

    CÎRMACIU DIANA

    2009-01-01

    The adherence of Romania to the European Union on January 1st 2007 assumes also the harmonization of Romanian law with the European one. In the fiscal domain, while in case of the value added tax and in case of the excise duties the harmonization is realized through the implementation to the national legislation of the European Directives, in case of the most direct taxes the absence of some harmonized regulations assesses the recourse to the decisions adopted by the European Court of Justice...

  11. AILTP Conference on the Administration of Justice on Indian Reservations.

    Science.gov (United States)

    American Indian Journal, 1978

    1978-01-01

    Detailing the conference held June 14, 1978 in Washington, D. C. on the tribal judicial systems, this article focuses on two panel discussions--"Administration of Justice on Indian Reservations: Current Status and New Approaches" and "Administration of Justice from a Tribal Perspective: The Future of Tribal Courts." (RTS)

  12. Judgement of the Court of Justice of the EU in respect to the law on excise duty on nuclear fuel. Only the first act of the drama?; EuGH-Urteil zur Kernbrennstoffsteuer. Nur des Dramas 1. Akt

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Gleiss Lutz Rechtsanwaelte, Duesseldorf (Germany)

    2015-07-15

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June 2015. The German Hamburg Finance Court had doubted whether the country's Nuclear Fuel Tax Act was compatible with European law. In the context of an action lodged by a nuclear power plant operator against this tax, the court had suspended the legal action and submitted various legal questions to the ECJ. The decision now taken by the ECJ is not really surprising considering that in his opinion, in February, the Advocate General had already argued that the tax was compatible. The Federal Constitutional Court must now decide whether the German concept of excise duty is to be interpreted in accordance with the EU directive issued to harmonise these very taxes or whether there is some flexibility allowing a different decision.

  13. 行政决策连带责任制度的内在逻辑与中国实践%On Joint Liability and Accountability System for the Administrative Decision-Making in China

    Institute of Scientific and Technical Information of China (English)

    王仰文

    2014-01-01

    我国关于行政决策责任的国家立法和党内法规已将责任追究的精神深深植根于政府运作的各个层面,相关制度建设引领着责任追究体系的未来方向。但是,这一系列制度因为连带责任制度的缺失而显示出明显的不完整性,离真正意义上的责任追究还有相当距离。因此,从中国行政决策责任的重点和难点问题出发,为防止决策责任追究走过场,需要重点建设完善行政决策连带责任制度。%The spirit of accountability of administrative decisions has been deeply rooted in both national legislation and the Party’s regulations and put into practice in government operations at all levels .The relevant institution building is to lead the future direc‐tion for the accountability system .However ,the accountability system is far from being accomplished because of the lack of joint liability system in its framework and its failure to fulfill the potential goal in practice .Therefore ,to prevent the accountability in administrative decision‐making from being a mere formality ,the focal concern should be given to the improvement of joint liability system of accountability ,which is the tough issue for China’s administrative decision‐making accountability .

  14. A Speech Act Analysis of Judicial Decisions

    OpenAIRE

    BERNAL, Carlos L.

    2007-01-01

    According to the theory of speech acts, speech is a kind of action. He, who says something, does something. Certainly, when a judge or a court makes a decision, he or it says something. He performs some (locutionary) acts like uttering or writing some sentences. However, there is something further he does, namely, by uttering or writing some sentences in the appropriate context, he makes a judicial decision. In a judicial decision the judge says something about the law, the facts of the case,...

  15. Introduction: National Courts vis-à-vis EU Law

    DEFF Research Database (Denmark)

    Mayoral, Juan A.; Wind, Marlene

    2016-01-01

    National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this p...

  16. HIV/STI Risk Behavior of Drug Court Participants

    Science.gov (United States)

    Robertson, Angela A.; St. Lawrence, Janet S.; McCluskey, D. Lee

    2012-01-01

    Drug abusing offenders have high rates of HIV and other sexually transmitted infections (STI). To date, the HIV/STI prevention needs of offenders in drug court programs have been ignored. This multi-method study employed interviews to assess drug court professionals' perceptions of the need for an HIV risk reduction intervention to be integrated…

  17. Individual Factors Predicting Mental Health Court Diversion Outcome

    Science.gov (United States)

    Verhaaff, Ashley; Scott, Hannah

    2015-01-01

    Objective: This study examined which individual factors predict mental health court diversion outcome among a sample of persons with mental illness participating in a postcharge diversion program. Method: The study employed secondary analysis of existing program records for 419 persons with mental illness in a court diversion program. Results:…

  18. 22 CFR 19.6 - Court orders and divorce decrees.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Court orders and divorce decrees. 19.6 Section 19.6 Foreign Relations DEPARTMENT OF STATE PERSONNEL BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM § 19.6 Court orders and divorce decrees....

  19. 78 FR 14271 - Manual for Courts-Martial; Proposed Amendments

    Science.gov (United States)

    2013-03-05

    ... of the Secretary Manual for Courts-Martial; Proposed Amendments AGENCY: Joint Service Committee on... amendments to the Manual for Courts-Martial, United States (2012 ed.)(MCM). SUMMARY: The Joint Service Committee on Military Justice (JSC) is publishing final proposed amendments to the Manual for...

  20. Matching Judicial Supervision to Clients' Risk Status in Drug Court

    Science.gov (United States)

    Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.

    2006-01-01

    This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status…

  1. Abused and Neglected Children in Court: Knowledge and Attitudes

    Science.gov (United States)

    Block, Stephanie D.; Oran, Howard; Oran, Diane; Baumrind, Nikki; Goodman, Gail S.

    2010-01-01

    Objective: After maltreated children are taken into protective custody, dependency courts determine the children's placements. Many, if not most, maltreated children never attend their dependency court hearings. We had the rare opportunity to interview children in a jurisdiction where children regularly attend their detention hearings in…

  2. The Extra-Curricular Perspective: The Moot Court.

    Science.gov (United States)

    Crouse, Janice Shaw; Thorpe, Judie Mosier

    At Ball State (Indiana) University, the moot court format's replication of real-world advocacy has been found far more conducive to teaching ethics and values than debate because it provides internal monitoring devices and instantaneous feedback. Of course, the main purpose of the moot court is to polish communication skills. Still, even with this…

  3. Conn. hospital's conduct violated labor law--court.

    Science.gov (United States)

    Burda, D

    1992-01-20

    A federal appeals court in New York has ruled that Waterbury (Conn.) Hospital violated federal labor law in 1986 when it hired replacement nurses rather than returning striking nurses to fill certain hospital jobs. The court said the hospital didn't meet all the conditions under which it is allowable to hire permanent replacements during a strike.

  4. Teen Courts: A Focus on Research. OJJDP Bulletin.

    Science.gov (United States)

    Butts, Jeffrey A.; Buck, Janeen

    The teen court concept has gained popularity in recent years as juvenile courts have had to deal with increased numbers of serious, violent, and chronic juvenile offenders. Its acceptance has been fueled, in part, by positive anecdotal reports from those involved with this peer-centered approach. Growing from a handful of programs in the 1960s,…

  5. Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

    Science.gov (United States)

    Norris, Michael; Twill, Sarah; Kim, Chigon

    2011-01-01

    Teen courts have grown rapidly in the United States despite little evidence of their effectiveness. A survival analysis of 635 teen court and 186 regular diversion participants showed no significant differences in recidivism, although program completers were half as likely to reoffend as noncompleters. Older offenders survived significantly better…

  6. Assisted Reproduction and the Courts: The Case of California

    Science.gov (United States)

    Maule, Linda S.; Schmid, Karen

    2006-01-01

    In this article, the authors analyze appellate court cases heard in California between 1960 and 2000 that focus on the status of children conceived through reproductive technology in an effort to examine the role of the courts in defining parentage and family in the late 20th and early 21st centuries. In the absence of legislation, the primary…

  7. Affirmative Action, the Fisher Case, and the Supreme Court: What the Justices and the Public Need to Know. Research & Occasional Paper Series: CSHE.2.13

    Science.gov (United States)

    Douglass, John Aubrey

    2013-01-01

    Once again, the U.S. Supreme Court will decide on the contentious issue of Affirmative Action, and specifically the use of race in admissions decisions in public universities. Despite differences in the details, seasoned veterans of affirmative action debates are experiencing déjà vu. In this case, Abigail Noel Fisher claims overt racial…

  8. Even Lesbian Youths or Those Presumed to Be Lesbians Are Protected by the Constitution of Uganda--But to a Limited Extent: Rules the High Court

    Science.gov (United States)

    Mujuzi, Jamil Ddamulira

    2009-01-01

    The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

  9. The EEG grid connection point in the litigation of the Federal Court of Justice; Der EEG-Netzverknuepfungspunkt in der Rechtssprechung des BGH

    Energy Technology Data Exchange (ETDEWEB)

    Brahms, Florian; Richter, Christoph [Maslaton Rechtsanwaltsgesellschaft mbH, Leipzig (Germany)

    2013-03-15

    Along with the question of compensation ability of the electricity from renewable energy sources according to the Renewable Energy Act, now a decision of the Federal Court of Justice (Karlsruhe, Federal Republic of Germany) to the grid connection point in the sense of paragraph 5 paragraph 1 of the EEG 2009. This decision as well as an expected decision of the Federal Court of Justice to the definition of the power plant in the sense of paragraph 3 No. 1 of EEG 2009 have a significant impact on the profitability of a power plant. These decisions require a precise evaluation with regard to their transferability to similar situations. Besides the problem of determining the legal grid connection point in particular litigations at a time delay of the network connection and the requirement of evidences from the network operator to the network connection occur with regard to paragraph 7 paragraph 2 of the EEG 2009.

  10. Some Suggestions on Administrative Purposes Identified of The Housing Levy%关于房屋征收中行政目的查明的几点建议

    Institute of Scientific and Technical Information of China (English)

    潘丽

    2016-01-01

    As one of the criteria for the Court to determine whether to grant the Executive expropriation compensation decisions, the administrative purposes is difficult to identify due to the standard of review for administrative purposes is too general, scattered.The judicial review of administrative purpose of the courts is very weak.To solve this prob-lem, the court may through the following ways to identify the administrative purposes:First to find out the relevant legislative purpose, then to find out the real purpose of the housing levy, and then to compare the two purposes to i-dentify whether the real purpose is complied with the legislative purpose.And then to decide whether to grant the ex-ecutive to implement the expropriation compensation decisions.%行政目的作为法院判断是否准予执行房屋征收补偿决定的标准之一, 由于审查标准过于笼统、 分散, 行政目的难以查明, 导致实践中法院对行政目的的审查力度很弱. 对此, 法院可在对相关立法目的进行正确解读的基础上, 对征收房屋的真实目的进行查明, 并通过两者的对比, 看行政机关征收房屋的真实目的与立法目的是否相符, 从而决定是否准予行政机关执行该征收补偿决定.

  11. The Constitutional Court and the Imperative of its Reform

    Directory of Open Access Journals (Sweden)

    Claudia Gilia

    2012-12-01

    Full Text Available Recent debates on the upcoming review of the Constitution have determined us to pay close attention to the basic institution in a democratic state, that is the Constitutional Court. Being caught in the crossfire between power and opposition, the Constitutional Court had a hard time lately, facing severe attacks. The aim of our study is to analyze the evolution of the Constitutional Court within the inland constitutional system, particularly bringing up the flaws describing the Court’s activity. We have also analyzed the proposals put forth by several bodies or experts regarding the constitutional contentious court. At the end of our study, following an analysis of different constitutional types of constitutional review, used by a number of states in Europe, we introduced several resolutions that may improve the role, the course and, last but not least, the activity of the Romanian Constitutional Court.

  12. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

    Petersen, Clement Salung; Schovsbo, Jens Hemmingsen; Riis, Thomas

    2015-01-01

    The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law....... The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases...... involving ordre public and morality and scope of protection. The article shows that the biases will affect the law in all the areas discussed and that if unchecked they will reduce some of the “wriggling room” which the current system has provided. To maintain that room a focused effort by the UPC...

  13. Brain death: legal obligations and the courts.

    Science.gov (United States)

    Burkle, Christopher M; Pope, Thaddeus M

    2015-04-01

    Brain death, or death determined by neurologic criteria, has been legally adopted in all U.S. states for decades. Despite its long-established history, a lack of clear understanding has led to disputes requiring a legal forum for resolution. Recently, physicians and hospitals across the country have been impacted by a growing number of disputes about brain death. The authors offer clinicians a historical perspective on the evolution of brain death as a legal cause of death in the United States. They then review the more common legal categories of disputes encountered, including representative court cases for each. This overview provides physicians with a general legal perspective on brain death so they may better appreciate the pertinent issues if and when later confronted.

  14. Private international Law in Chinese Courts

    Institute of Scientific and Technical Information of China (English)

    HUANG Jin; DU Huanfang

    2006-01-01

    After the entry of China into World Trade Organization,there are problems such as jurisdiction,application of law,and judicial assistance,which need to be resolved step by step in judicial practice on foreign-related civil and commercial matters.As for private and international law problems in the Chinese courts,this paper analyses some general issues,including renovi,inter-temporal conflicts,and proof of foreign laws;reviews jurisdiction problems,for example,common jurisdiction versus special jurisdiction,selective jurisdiction versus presumptive jurisdiction and exclusive jurisdiction;discusses the choice of law problems such as the principle of party autonomy,the principle of the most significant judgment and international commercial arbitral award.

  15. Statistical mechanics of the US Supreme Court

    CERN Document Server

    Lee, Edward D; Bialek, William

    2013-01-01

    We build simple models for the distribution of voting patterns in a group, using the Supreme Court of the United States as an example. The least structured, or maximum entropy, model that is consistent with the observed pairwise correlations among justices' votes is equivalent to an Ising spin glass. While all correlations (perhaps surprisingly) are positive, the effective pairwise interactions in the spin glass model have both signs, recovering some of our intuition that justices on opposite sides of the ideological spectrum should have a negative influence on one another. Despite the competing interactions, a strong tendency toward unanimity emerges from the model, and this agrees quantitatively with the data. The model shows that voting patterns are organized in a relatively simple "energy landscape," correctly predicts the extent to which each justice is correlated with the majority, and gives us a measure of the influence that justices exert on one another. These results suggest that simple models, groun...

  16. The Hellenistic Royal Court. Court Culture, Ceremonial and Ideology in Greece, Egypt and the Near East, 336-30 BCE

    NARCIS (Netherlands)

    Strootman, R.

    2007-01-01

    In the Hellenistic empires of Alexander the Great and his successors in Greece, Egypt and the Near East, new forms of court culture and political ideology developed during the last three centuries BCE. Appropriated by Parthian kings and Roman emperors alike, the culture of these Macedonian courts ev

  17. EPA Administrative Law Judge Legal Documents

    Science.gov (United States)

    This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the Administrator of the EPA. The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws. Administrative Law Judges preside in enforcement and permit proceedings in accordance with the Administrative Procedure Act. Most enforcement actions initiated by the EPA are for the assessment of civil penalties. The Decisions and Orders are organized into three categories: (1) alphabetical listing by the respondent involved, (2) reverse chronological listing by date, and (3) Decisions and Orders under FIFRA Section 6. This dataset includes Decisions and Orders dating back to 1989 in the Reverse Chronological list, Decisions and Orders dating back to 1997 in the Alphabetical list, and a few Decisions and Orders dating back to 1974 under FIFRA Section 6.

  18. Antiracism legislation in Brasil: approaching the application of the law in the Brazilian courts

    Directory of Open Access Journals (Sweden)

    Marta Rodriguez de Assis Machado

    2015-01-01

    Full Text Available The paper presents the main results of an empirical research on decisions in cases concerning racism, racial discrimination and racial slander handed down by Brazilian Appeal Courts. We analyzed 200 decisions from 1998 to 2010 that are available on the online databanks of the Appeal Courts of nine Brazilian Federal States (Acre, Bahia, Mato Grosso do Sul, Paraíba, Pernambuco, Rio de Janeiro, Rondônia, Rio Grande do Sul e São Paulo. The data presented allows us to discuss the current diagnosis about how the Brazilian Judiciary deals with racism and racial discrimination and to understand the potential and limitations of the existing legal instruments to confront the social problems of racism in Brazil. In the introduction of the paper, we present a brief explanation about the history of Brazilian punitive antiracist statutes, and we discuss the existing research in this field. Afterwards we explain our methodological choices used to construct this research and how we interpreted the data collected. In section three, we present our main quantitative findings. Finally, we discuss it critically and make some considerations about the strategy of the social movements involving the juridification of racism via criminal law. We also raise some questions for a future research agenda.

  19. Causality Judgment of Compensation Cases for Administrative Illegality without Evidence Citation---Comment on Sun's Claim for Administrative Compensation from the Town's Government%诉讼不举证的行政违法赔偿责任判断--对孙某诉镇政府行政赔偿案的评析

    Institute of Scientific and Technical Information of China (English)

    王雅晶

    2016-01-01

    违法行政行为造成当事人损害后果的,行政机关应当承担行政赔偿责任,这是行政赔偿诉讼的基本要义。法院以行政机关逾期未举证为由判决撤销行政行为,由此引发的行政赔偿诉讼中,判断行政机关是否应当对损害后果承担赔偿责任,与一般行政违法情形下的行政赔偿诉讼不同,需要具体分析辨别。人民法院以被告行政机关未在法定期限内提供证据、依据为由判决撤销行政行为,当事人依据该判决提起行政赔偿诉讼的,人民法院应审查认定行政行为是否实际存在违法情形,据此进行因果关系判断,得出当事人的赔偿主张是否成立的判决结论;人民法院对行政行为是否违法的审查强度,以“谁主张谁举证”原则,根据优势证据进行审查认定为宜。%When illegal administrative behavior causes the consequences of the damage to the party, the ad-ministrative organs should assume the liabilities for administrative compensation, which is the basic meaning of administrative compensation litigation. Different from common cases concerning administrative compensa-tions, careful scrutiny over detailed conditions is needed to judge whether administrative organs should be li-able on occasions where the court cancels the case for lack of proper evidence in due time. When the people's court brings in a verdict of revoking administrative action on the grounds of the defendant administrative organ failing to provide evidence within the statutory time limit, as long as the litigant takes an administrative com-pensation legal action based on that judgment, the people's court should investigate and identify whether ad-ministrative action actually breaks the law or not, and then makes causality judgment. In accordance with the conclusion, the court makes the decision of judgment whether the compensation the litigant asking for should be supported. The people's court's strength of

  20. Price Fix Away?: Does the Supreme Court’s Decision in Leegin Creative Leather Products Strengthen the Ability of Businesses to Engage in Vertical Price Restraints with Impunity?

    OpenAIRE

    Erick S. Lee

    2008-01-01

    The United States Supreme Court in recent years has taken an increased interest in patent law, making a number of key decisions in the areas of injunctions1, licensing2, patentable subject matter3, and the standards of determining obviousness.4 In the current 2007-2008 term, the Court has already granted certiorari to consider the boundaries of the patent exhaustion doctrine; a case closely watched by legal commentators and observers.5 The Court's attention has also been drawn to the intersec...