WorldWideScience

Sample records for administrative court decisions

  1. Nuclear energy. Court decision of the Higher Administrative Court of Hesse

    International Nuclear Information System (INIS)

    The court decision of 6 September 1993 confirmed the legal opinion that legal proceedings to set aside orders for payment of costs under the Atomic Energy Act have to be commenced in compliance with paragraph 45 VwGO at the level of an administrative court as the court of first instance. (orig./HP)

  2. Koblenz Administrative Court: Decision of May 20, 1980 - Muelheim-Kaerlich

    International Nuclear Information System (INIS)

    Even though the declaration of the nullity of an act of administration is basically made for an unlimited period according to Sect. 43 (1) of the Rules of Administrative Courts, this right may be limited by forfeiture. The vested interest required for any declaratory action which might be taken according to Sect. 43 (1) of the Rules of Administrative Courts is lacking if the contested act of administration has become non-appealable for the complainant. The action brought for declaration of nullity of the contested licences is inadmissible, because the right to take action has been forfeited, and there is no declaratory interest to be stated for the compalinant. The declaratory action is inadmissible because of default, and because the complainant has no right to take action. (orig./HSCH)

  3. Judicial status of Supreme Court of Ukraine as a subject revision of administrative businesses in an ad-ministrative process

    OpenAIRE

    Кайдашев, Роман

    2016-01-01

    In this article the features of legal to status Supreme Court of Ukraine are investigated as a subject of revision of court decisions of administrative courts of Ukraine and decisions in matters about administrative crimes. The place of Supreme Court of Ukraine is exposed in the instance system of general courts, plenary powers of this court are certain at the revision of court decisions of administrative courts and decisions in business about an administrative crime.English abstractThe judic...

  4. 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

    OpenAIRE

    Monika MEÇA

    2014-01-01

    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 th...

  5. 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

    OpenAIRE

    Monika MEÇA

    2014-01-01

    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 i...

  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. First instance competence of the Higher Administrative Court

    International Nuclear Information System (INIS)

    (1) An interlocutory judgement can determine the admissibility of a legal action, also with regard to single procedural prerequisites (following BVerwG decision 14, 273). (2) The first instance competence for disputes about the dismantling of a decommissioned nuclear installation lies with the administrative courts and not with the higher administrative courts. Federal Administrative Court, decision of May 19, 1988 - 7 C 43.88 - (VGH Munich). (orig.)

  8. Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

    International Nuclear Information System (INIS)

    Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

  9. Prerequisites of a revocation of an operating licence for a nuclear power plant. Decision of the Higher Administrative Court of Muenster, December 19, 1988

    International Nuclear Information System (INIS)

    The headnotes of the court decision read as follows: There is no legal basis supporting the demand for a general nuclear power phaseout. There is a defined relation between an optional revocation according to section 17, sub-sec. (3), no. 2 AtG (Atomic Energy Act), and the obligatory revocation according to section 17, sub-sec. (5) AtG. Application of section 17, sub-sec. (5) AtG requires proof of the fact that operation of the nuclear power plant involves an imminent danger to the group of persons defined in that section. Higher Administrative Court of Muenster, decision 21 AK 8/88, of December 19, 1988. (orig.)

  10. 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.

  11. Case law and administrative decisions

    International Nuclear Information System (INIS)

    Some extracts of case law: ruling of the Supreme Administrative Court on the decision to shut units 3 and 4 of Kozloduy nuclear power plant (Bulgaria), judgement of the County Court of Cherbourg concerning the import of spent fuel to La Hague (France), judgement of the Nagoya High Court on the invalidity of the licence to establish the Monju reactor, judgement of the Mito District Court issuing penalties in respect of the Tokai-Mura accident, the Principle of justification: the application of the Principle to the Manufacture of MOX fuel in the UK, Ruling of the US Court of International trade in relation to the sale of uranium enrichment services in the United States, Commission v Council Accession of the Community to the Convention on nuclear safety, government decision not to appeal court ruling on the continued operation of the Borssele nuclear power plant. (N.C.)

  12. Administrative decisions

    International Nuclear Information System (INIS)

    This article reviews relevant administrative decisions that have been taken in various countries during the last semester of 1999 and the first one of 2000. In Argentina, an inter-ministerial commission has been settled to examine the prospects of completing the construction of the Atucha-2 unit. In Sweden, an agreement has been signed between Sydkraft, Vattenfall and the Swedish government on a compensation plan for the early shutdown of the Barsebaeck unit 1. In Switzerland, the government of the canton of Bern has rejected a constitutional initiative requesting the shutdown of the Muehleberg nuclear power plant. (A.C.)

  13. Control of decisions in proceedings at administrative courts relating to the Federal Act for Protection Against Nuisances and to the Atomic Energy Law

    International Nuclear Information System (INIS)

    The author examines especially those lawsuits where the judicial decision depends - among other things - on the prior settling of most difficult technological questions. The decision on Kalkar given by the Federal Court of Justice is so important because it confirms that largely unclear legal terms are unobjectionable from the point of view of constitutional law. Using other findings, the author discusses the extension of legal protection as to include earlier stages of licensing procedures, foreclosure, the tightness of controls in case of review and subsequent assessment of difficult scientific or technological issues, risk assessment and its evaluation by the executive and judiciary. Law leaves final decision and assessment up to the executive power, the review of the framework up to the court. The problems mentioned can be solved without having to set up a science court or to install a judge who is an expert in technologies. (HSCH)

  14. Koblenz Higher Administrative Court reproaches complainants with abusing legal protection

    International Nuclear Information System (INIS)

    In its decision of November 18, 1980, the Koblenz Higher Administrative Court of Rhineland-Palatinate dismissed the appeal filed by the complaining party, members of the so-called 'Forum Humanum' against the decisions made by the Koblenz Administrative Court which dismissed their action filed against the partial licence issued for, and the licensing of, the Muelheim-Kaerlich reactor (comp. with first report in 'et' 2/81 p. 145). The complaining party was ordered to pay the costs of the proceedings, including the out-of-court costs of the parties invited to attend (constructor and operator). According to the decision, the value in litigation was fixed at DM 100 000 each for the appeal. Another appeal was not allowed. The substance of both decisions is identical. In decision 7 A II 78/80 it is pointed out that the complaining party appeared in court as a 'public agent' acting in the 'public interest'. Constitutionally, legal protection in administrative matters does not know of any class-action suit. (orig./HSCH)

  15. On the consequences of an essential modification of a nuclear facility with respect to the legal status of the initial nuclear licence. Decision of the Federal Administrative Court of 21 August 1996, Az.: II C 9.95

    International Nuclear Information System (INIS)

    The questions to be decided among others by the Federal Administrative Court were the conditions making a modification of an existing nuclear facility an essential modification within the purview of section 7, sub-section 1 Atomic Energy Act (AtG), and whether an essential modification has an effect on the validity in law of the initial nuclear licence(s) issued for that facility. Subject matter of the legal proceedings was a permit granted by the Land Schleswig-Holstein, permitting the owner of the Kruemmel nuclear reactor station to use a novel type of fuel elements with changed dimensions for electricity generation. Action was brought by the complaining party contesting the validity in law of the operating permit, claiming that the licensing procedure ought to have examined the question of whether there is a causal link between recently observed childhood leukemia clusters in the area of the NPP and NPP operation. The decision of the court of first instance, the Schleswig Administrative Court, had dismissed the action on the grounds that the existing, previous nuclear licences issued for the NPP remain completely valid in law. The Federal Administrative Court however remanded the case to the lower court to examine and decide anew whether the recent leukemia data must be taken into consideration in decisions about issuing the post-modification operating permit in compliance with Para. 7, sub-section 1, No. 1 AtG. (orig./CB)

  16. Decision of the Federal Administrative Court of January 19, 1989 - 7 C 31.87, concerning physical protection of nuclear installations

    International Nuclear Information System (INIS)

    Section 7, sub-sec. 2, no. 5 of the Atomic Energy Act forms the legal basis of a duty defined by the licensing authority in addition to the operating licence, to provide for physical protection of a nuclear power station by an armed works protection force. Decisions of a competent authority on the scope of required physical protection of a nuclear installation against interference or other intervention by third persons within the purview of sec. 7, sub-sec. 2, no. 5 Atomic Energy Act, as well as instructions within the purview of sec. 7, sub-sec. 2, no. 3, are subject to judicial review only with regard to the question of whether the decisions are based on non-arbitrary assumptions and sufficient investigations, (court decision referred to: BVerwG 72, 300 [316] = DVBl. 1986, 160). First-instance court ruling is VGH Mannheim, December 4, 1986, - 10 S 1840/82. (orig.)

  17. The Obligation of the National Administrative Organs to Reexamine their own Decisions in the Context of the Recent Jurisprudence of the Court of Justice of the European Union

    OpenAIRE

    Gina Livioara GOGA

    2010-01-01

    At the European Union’s level, the primary law does not include express regulations regarding the revocation or the reexamination of the administrative acts. The possibility to revoke or retreat an EU act, adopted based on its competencies, granted in breaching the law, represents a matter regarding which the Court of Justice manifests a tendency to change practice in the past years.

  18. Federal Constitutional Court, decision of 8 July 1982 ('Whyl')

    International Nuclear Information System (INIS)

    The Federal Constitutional Court with its decision of July 8, 1982 dismissed the action of the Sasbach Gemeinde which launched an appeal against the judgments of the Baden-Wuerttemberg Higher Administrative Court (of Oct. 17, 1980) and the Federal Administrative Court (of July 17, 1980), by which actions of said Gemeinde to annul the construction licence for unit I (South) of the Wyhl reactor were dismissed. The Federal Constitutional Court decision states that the Gemeinde as a corporate body, and not acting to perform its duties as a local authority, may not claim legal protection on the basis of Art. 14, para. 1, sentence 1 of the Basic Law. Also, the decision states, the interpretation and appropriate application of section 3, (1) of the Nuclear Installations Ordinance does not represent an infringement of the rights guaranteed by Art. 19, para. 4, sencentence 1 of the Basic Law. Nor could the Court see any reasons indicating an offense against Art. 103, (1) of the Basic Law. (HP)

  19. District court review of NRC's Three Mile Island decisions upheld

    International Nuclear Information System (INIS)

    Court decisions in the lawsuits arising from the Nuclear Regulatory Commission (NRC) authorization of a Three Mile Island decontamination procedure were upheld in appeals court. A review of the environmental claims and jurisdictional counter claims shows that plaintiffs receive more protection when ageny decisions are contested. The Supreme Court upheld the decision in favor of reasoned decision making and granted plaintiffs access at the district-court level to contest decisions. 19 references

  20. Administrative decisions

    International Nuclear Information System (INIS)

    On 17 January 2002, the Finnish Council of State (the Government) had issued a positive Decision in Principle on the application made by the utility Teollisuuden Voima Oy (TVO) to construct a new nuclear power plant unit (see Nuclear Law Bulletin No. 69). At that time, the Council of State also declared that the liability amount of nuclear operators should be raised significantly, and three ministers issued a statement according to which the 1987 Nuclear Energy Act (the text of this Act is reproduced in the Supplement to Nuclear Law Bulletin No. 41) should be amended to ensure that the nuclear operator has to bear liability for the costs of radioactive waste management for 50 years after the repository has been closed. (author)

  1. Towards Leadership: The Emergence Of Contemporary Court Administration In Australia

    OpenAIRE

    Richard Foster

    2013-01-01

    Australian court administration as we know it today emerged in the mid-1980s in response to a range of factors. This paper draws on the wisdom of pioneering court and judicial administrators to explain how the past has shaped contemporary court practices, and to explore the challenges for modern leaders in court administration.The paper briefly sets out the recent history of court administration, including an examination of practices and roles priorto the beginning of reforms in the 1980s. Th...

  2. Federal Constitutional Court, decision of October 5, 1982 (''Stade'')

    International Nuclear Information System (INIS)

    With the decision of October 5, 1982, the preliminary appraisal committee of the Federal Constitutional Court did not accept for trial the appeal on constitutional grounds against the judgment of December 22, 1980 of the Federal Administrative Court (BVerwGE 61, 256), which dismissed the action for anulment of the 7th part-construction permit for Stade nuclear power plant launched by the apellant domiciled at a distance of about 25 km from said power plant. The committee states that there are doubts even as to the admissibility of the appeal. There is no infringement of Art. 19, Para. 4 of the Basic Law, the court says, and explains the requirements to be met by the statement proving one's case. The apellant did not explain why Art. 3, Para. 1, 2 Para. 1, or 103, Para. 1 Basic Law present a reason to commence legal proceedings, and the court comes to the conclusion that even assuming admissibility on other grounds, the action would most likely be unsuccessful. The court does not accept the opinion stated by the apellant, that the Fed. Adm. Court demanded too stringent requirements for proving one's case, in this particular case the right of third parties affected to call for legal protection. The court furthermore states that there is not sufficient reason to appeal against the preclusion of the apellant's complaints in accordance with section 7 b of the Atomic Energy Act, or section 3(1) of the Nuclear Installations Ordinance. (HP)

  3. The control of decisions concerning the Act for the Protections against Nuisances and the Atomic Energy Law in administrative court proceedings

    International Nuclear Information System (INIS)

    The author intends to take up basic issues and to outline approaches e lege lata for proceedings in which the judicial decision depends, among other things, on settling the most difficult technical questions first. He refers to latest jurisdiction, stating that both decisions of the Federal Constitutional Court, the one of August 8, 1978, and the one of December 20, 1979 had proved to be stimulating. The author comes to the conclusion that the Act for the Protection against Nuisances and the Atomic Energy Law, both being matters of a special kind, request the use of new categories in court proceedings. This holds for control intensity, the right to file suit and preliminary legal protection. These new problems coming from developments in technology could be solved by traditional legal instruments applied correctly. (HSCH)

  4. 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.

  5. Federal Constitutional Court (Committee on Preliminary Proceedings). Decision of October 4, 1982 (Grohnde)

    International Nuclear Information System (INIS)

    The challenge of the constitutionality of an administrative decision taken in accordance with section 80, sub-section (5) of the rules of administrative courts, concerning the planned Grohnde nuclear power plant, was decided to be inadmissible by the Federal Constitutional Court (Committee on Preliminary Proceedings) and thus not accepted for judgement. The action had been brought in by the town of Hameln. The Court presented a statement concerning the subsidiarity of challenges of constitutionality, i.e. on the use of all rights of appeal against decisions, taken by Higher Administrative Courts concerning stay of proceedings. (HP)

  6. The Obligation of the National Administrative Organs to Reexamine their own Decisions in the Context of the Recent Jurisprudence of the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Gina Livioara GOGA

    2010-11-01

    Full Text Available At the European Union’s level, the primary law does not include express regulations regarding the revocation or the reexamination of the administrative acts. The possibility to revoke or retreat an EU act, adopted based on its competencies, granted in breaching the law, represents a matter regarding which the Court of Justice manifests a tendency to change practice in the past years.

  7. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    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.

  8. Procedural Justice in Dutch Administrative Court Proceedings

    OpenAIRE

    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 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 d...

  9. Assessment of nuclear risks in administrative court proceedings from an engineer's point of view

    International Nuclear Information System (INIS)

    Based on the experience gained in a multitude of nuclear energy proceedings before administrative courts, structures of and criteria for decision-making court concessing failure-preventing measures are discussed. The paper points out the significance of probabilistic methods in this context. To assess risks related to normal-operation emissions, e.g. natural radiation exposure, there exists a standard of comparison to be applied directly, which is approved by the Supreme Court. (DG)

  10. ADMINISTRATIVE ACTS EXTEMPTED FROM JUDICIAL REVIEW BY ADMINISTRATIVE COURTS

    Directory of Open Access Journals (Sweden)

    Marta-Claudia CLIZA

    2014-12-01

    Full Text Available The Romanian legislation, meaning by this Law no. 554/2004, creates in article no. 5 a special regime for some administrative acts which will be considered as exceptions from the “common administrative procedure”. These acts are not subject to the review of the courts, the exception being a total one or a partial one as it will be described in this study. The existence of the administrative procedure does not mean an absolute control on the administration. This is in fact the main reason why this article was included in Law no. 554/2004 and all implications will be described in this study.

  11. ADMINISTRATIVE ACTS EXTEMPTED FROM JUDICIAL REVIEW BY ADMINISTRATIVE COURTS

    Directory of Open Access Journals (Sweden)

    Marta – Claudia CLIZA

    2014-05-01

    Full Text Available The Romanian legislation, meaning by this Law no. 554/2004, creates in article no. 5 a special regime for some administrative acts which will be considered as exceptions from the „common administrative procedure”. These acts are not subject to the review of the courts, the exception being a total one or a partial one as it will be described in this study. The existence of the administrative procedure does not mean an absolute control on the administration. This is in fact the main reason why this article was included in Law no. 554/2004 and all implications will be described in this study.

  12. ADMINISTRATIVE ACTS EXTEMPTED FROM JUDICIAL REVIEW BY ADMINISTRATIVE COURTS

    OpenAIRE

    Marta-Claudia CLIZA

    2014-01-01

    The Romanian legislation, meaning by this Law no. 554/2004, creates in article no. 5 a special regime for some administrative acts which will be considered as exceptions from the „common administrative procedure”. These acts are not subject to the review of the courts, the exception being a total one or a partial one as it will be described in this study. The existence of the administrative procedure does not mean an absolute control on the administration. This is in fact the main reason why ...

  13. Federal Constitutional Court. Decision of July 8, 1982 (Wyhl)

    International Nuclear Information System (INIS)

    With the decision of July 8, 1982, the second senate of the Federal Constitutional Court judged the action on constitutional grounds, brought in by the municipality of Sassbach near Kaiserstuhl to achieve annulment of the construction permit for Wyhl nuclear power plant, to be inadmissible and also partly unfounded. This decision was taken unanimously. In its statement the Court explains basic ideas on the applicability of the Basic Law with regard to juristic persons within the purview of public law and activities on their part outside the scope of fulfilment of public tasks, as well as on the compatibility of material regulations of preclusion in administrative procedures with the Basic Law, especially with article 19, sub-section (4) of the Basic Law. The Court decided that a municipality is not in the position to claim the right of property as laid down in article 14, para. (1) no. 1 of the Basic Law, even if it becomes active outside the scope of fulfilment of public tasks. (CB)

  14. The control density of the administrative courts with regard to nuclear licensing

    International Nuclear Information System (INIS)

    A possibility does not exist to limit the extent of the activities of administrative courts with regard to the control of the nuclear license decision by a shifting of one part of the ultimate decision competence from the jurisdiction to the executive. The responsibility of the administrative courts which is established in the constitution gives them a comprehensive controlling function with regard to nuclear licensing. Their right of ultimate decision, which is established in the constitution, corresponds to a duty of ultimate decision, which is of paramount importance in such a fundamental law relevant area, as it is nuclear law. The legislator has to help the overburdened courts. The courts themselves are bound to their responsibility as it is laid down in the constitution and the Atomic Energy Act to guarantee legal protection so that any form of self-restraint is inadmissable. (orig./HSCH)

  15. Decision of the Federal Administrative Court concerning the responsibility of the executive in matters of risk assessment and appraisal in accordance with section 7, sub-sec. 2, no. 3 Atomic Energy Act

    International Nuclear Information System (INIS)

    The action was brought for annulment of a partial licence issued for the installation of the scram system and the pressurization system of the fuel rod system in the THTR. The party that brought the action lives at a distance of 10 km to the reactor station and stated a threat to life and health due to reactor operation, as the reactor has only one shutdown system instead of a diversified system covering two independent shutdown systems. The action and the appeal were unsuccessful. The headnotes of the court decision state the following: The executive is responsible for risk assessment and appraisal in accordance with section 7, sub-sec. 2, no. 3 Atomic Energy Act. They are obliged to hear scientific experts in this procedure. The law on the nuclear installations licensing procedure establishes protection of third parties only in regard to a best possible safeguarding of a substantive legal position. Legel action by third parties stating a defective administrative procedure can be successful only if failure to observe procedural provisions has had an effect on the substantive legal position. Art. 2, section 5, sub-sec. 1 EntlastungsG is in accordance with the Constitution. Federal Administrative Court, decision of 13 July 1989, - 7 C B 80.88 -. (orig./HP)

  16. Case law and administrative decisions

    International Nuclear Information System (INIS)

    About the case law we find four parts, one concerns France and the judgement of the council of state on an application for annulment of the decree of 10 january 2003 authorizing Cogema to modify a major nuclear installation, a second one is in relation with the Usa through the ruling in relation to the sale of uranium enrichment services in the united States, decision concerning the Yucca mountain repository, Indiana michigan power company v. United States, natural resources defense council, snake river alliance, confederated tribes and bands of the Yakama indian Nation, Shoshone Bannock Tribes v. Abraham. For the third part devoted to European union it is question of the judgement of the European Court of justice in European union v. UK, the fourth part concerns administrative decisions with the early shutdown of Barsebaeck-2 in Sweden. (N.C.)

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

    NARCIS (Netherlands)

    A. Tsoutsanis

    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

  18. Courts, Judges, Judicial Administration – A Complex Business

    Directory of Open Access Journals (Sweden)

    Phillip Misso

    2013-12-01

    Full Text Available The increasing volume of civil cases in the courts in Victoria requires courts to manage civil litigation innovatively to facilitate the just, efficient, timely and cost-effective resolution of the real issues in disputes between the parties. Effective methods of case management by specialist supervising judges with the use of alternative dispute resolution are at the forefront of the administration of civil justice in the County Court of Victoria.

  19. Text Mining of Supreme Administrative Court Jurisdictions

    OpenAIRE

    Feinerer , Ingo; Hornik, Kurt

    2007-01-01

    Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Au...

  20. Stipulations of constitutional law governing the intensity of control of the case low of administrative courts

    International Nuclear Information System (INIS)

    In several decisions, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) has derived the necessity of full judicial control from the circumstance that certain administrative decisions are based on constitutional law, and held the assessment competence of public authorities given them by the administrative courts to be unconstitutional. These rulings throw up more questions than they answer. Their importance lies in the fact that, given a certain intervention intensity, they have, from positions of substantive constitutional law, consequences for court procedures. As concerns constitutional complaints proceedings, however, the BVerfG has until now hardly clarified when such a specific constitutional position is given. The uncertainty in this point will thus necessarily have its effect upon the scope and limitation of the intensity of judicial control, and will now make case law also procedurally unpredictable. (orig.)

  1. Consequences of the Federal Administrative Court decisions about the Biblis on-site interim store and the 'Biblis condition' as seen by the Nuclear Regulatory Authority of the State of Baden-Wuerttemberg; Folgerungen aus den Urteilen des Bundesverwaltungsgerichts zum Standortzwischenlager Biblis und zur 'Biblis-Auflage' aus der Sicht der Atomaufsichtsbehoerde des Landes Baden-Wuerttemberg

    Energy Technology Data Exchange (ETDEWEB)

    Rauscher, Dieter [Umweltministerium Baden-Wuerttemberg, Stuttgart (Germany)

    2009-03-15

    On March 17, 2005, the Baden-Wuerttemberg State Ministry of Economics, following instructions by the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), imposed an ex-post-facto condition on the licensee of the Philippsburg Units 1 and 2 nuclear power station. Its content can be summed up as follows: In case of deviations from criteria specified in the license which are relevant to accident management, the plant must be shut down. In case of suspicion that, for whatever reason, accident management could be doubtful, accident management must be demonstrated to function; failing this, the plant must be shut down. In a decision of February 26, 2007, the Baden-Wuerttemberg State Court of Administration set this condition aside. The Federal Administrative Court, in its ruling of April 10, 2008, essentially confirmed the decision of the court of first instance. Both decisions are analyzed. Licensees and public authorities are shown the general framework of administrative law within which their relations are regulated. Another subject covered is jurisdiction about provisions against damage in connection with the ruling of the Federal Administrative Court of April 10, 2008 in the matter of the Brunsbuettel interim store. The court comments on the question of provision against damage in the area of protection, develops the dogma from scratch again as to the borderlines separating provisions against damage from residual risk and, within this framework, addresses the problem of third-party action against execution, especially so with respect to protection. The question of possible repercussions upon practice is discussed also for this court ruling. (orig.)

  2. 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... International Trade Administration Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court... administrative review of the countervailing duty order on certain hot-rolled carbon steel flat products...

  3. 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

    ... Administrative Review, 73 FR 76336 (December 16, 2008) and accompanying Issues and Decision Memorandum (``Final... Administrative Review of the Antidumping Duty Order, 76 FR 76945 (December 9, 2011). Amended Final Determination... International Trade Administration Pure Magnesium From the People's Republic of China: Notice of Court...

  4. 75 FR 2487 - Circular Welded Carbon Steel Pipes and Tubes from Thailand: Court Decision Not in Harmony with...

    Science.gov (United States)

    2010-01-15

    ... Steel Pipes and Tubes from Thailand: Final Results of Antidumping Duty Administrative Review, 73 FR... International Trade Administration Circular Welded Carbon Steel Pipes and Tubes from Thailand: Court Decision... results of the administrative review of the antidumping order on circular welded carbon steel pipes...

  5. 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...

  6. Federal Constitutional Court (Committee on Preliminary Proceedings). Decision of October 6, 1982 (Wyhl)

    International Nuclear Information System (INIS)

    The Committee on Preliminary Proceedings of the BVerfG (Fed. Constitutional Court), with its decision of October 6, 1982, judged the complaint on constitutional grounds, brought in to heal to non-admission of an action for revision against the dismissal of the Mannheim Administrative Court in a lawsuit concerning the first part-construction permit for Wyhl nuclear power plant, to be most probably unsuccessful and thus did not accept the cause of appeal. The Committee stated its opinion as to the constitutional limits of the application of terms of preclusion to be considred in nuclear licensing procedures (section 3, sub-sect. 1 of the Nuclear Installations Ordinance). (WB)

  7. Administrators' Decisions about Resource Allocation

    Science.gov (United States)

    Knight, William E.; Folkins, John W.; Hakel, Milton D.; Kennell, Richard P.

    2011-01-01

    Do academic administrators make decisions about resource allocation differently depending on the discipline receiving the funding? Does an administrator's academic identity influence these decisions? This study explored those questions with a sample of 1,690 academic administrators at doctoral-research universities. Participants used fictional…

  8. 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

    ..., 74 FR 50952 (October 2, 2009) (Final Results) and accompanying Issues and Decision Memorandum. DATES... 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,...

  9. Administrative Court of Munich, judgement of June 26, 1985 (security of nuclear power plants)

    International Nuclear Information System (INIS)

    The decision of the Administrative Court of Munich is dealing with the protection of the nuclear power station of Isar I in Ohu. The use of shotguns for the protection of objects and persons ouside of private properties is a danger for public security. Consequently shotguns are not qualified for the protection of nuclear power stations (sec. 7 para. 2 No. 5 of the Atomic Energy Act). (CW)

  10. 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

    ..., Rescission of Antidumping Duty Administrative Review in Part, and Determination To Revoke in Part, 70 FR... 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...

  11. 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

    ... and Rescission of Reviews in Part, 73 FR 52823 (September 11, 2008). SKF USA Inc., SKF France S.A... International Trade Administration Ball Bearings and Parts Thereof From Germany: Notice of Court Decision Not in... the administrative review of the antidumping duty order on ball bearings and parts thereof...

  12. 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

    ... Administrative Review and New Shipper Reviews, 69 FR 33626 (June 16,2004) (``Garlic AR8 Final Results''), and... 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...

  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

    ... Revoke Antidumping Duty Order in Part, 75 FR 50999 (Aug. 18, 2010) (Final Results). In the Final Results... International Trade Administration Certain Orange Juice From Brazil: Notice of Court Decision Not in Harmony... of the administrative review of the antidumping duty order on certain orange juice (OJ) from...

  14. 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

    ... Antidumping Duty Administrative Review, 73 FR 52642 (September 10, 2008) (Final Results). In the Final Results... Review, 75 FR 56989 (September 17, 2010). In the event the CIT's ruling is not appealed or, if appealed... International Trade Administration Magnesium Metal From the Russian Federation: Notice of Court Decision Not...

  15. 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...

  16. Technological progress and technological risk in the light of court decisions

    International Nuclear Information System (INIS)

    The author presents an account of the administrative court decisions of the FRG referring to the assessment of technological progress and technological risk in connection with the licensing requirements for nuclear power plants. The judgments issued on the basis of section 7, sub-section (2), no. 3 of the Atomic Energy Act (provisions against damage) are dealt with in detail, studying the decisions of the Federal Constitutional Court in the Kalkar case and those concerning the Muelheim-Kaerlich nuclear power plant as two main examples. The concept of damage prevention by precautionary measures is defined to include besides prevention of hazards all measures to minimize risks, and also suspected risks. Another problem discussed by this lecture is the closeness of indicial control in the examinations of licenses granted under nuclear law. The Federal Constitutional Court's decision of Sasbach, of July 8, 1982, give rise to the hope that there will be a purposeful modification of the right of access (as, e.g., by restricting the right of access to private parties being domiciled in the neighbourhood of the particular plant under review). (WB)

  17. 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

    ... harmony with the Department's Notice of Final Determination of Sales at Less Than Fair Value; Honey from the People's Republic of China, 66 FR 50608 (October 4, 2001) (Final Determination) and is amending... International Trade Administration Honey From the People's Republic of China: Notice of Court Decision Not...

  18. 76 FR 78093 - Correction of Administrative Errors; Court Orders and Legal Processes Affecting Thrift Savings...

    Science.gov (United States)

    2011-12-16

    ... payment pursuant to a retirement benefits court order. See 69 FR 18294 (April 7, 2004). The Agency... CFR Parts 1605 and 1653 Correction of Administrative Errors; Court Orders and Legal Processes... for a retirement benefits court order or legal process affecting the Thrift Savings Plan and...

  19. 18 CFR 401.118 - Disclosure in administrative or court proceedings.

    Science.gov (United States)

    2010-04-01

    ... administrative or court proceedings. 401.118 Section 401.118 Conservation of Power and Water Resources DELAWARE RIVER BASIN COMMISSION ADMINISTRATIVE MANUAL RULES OF PRACTICE AND PROCEDURE Public Access to Records and Information § 401.118 Disclosure in administrative or court proceedings. Data and...

  20. 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.

  1. A History of Black Achievement as Impacted by Federal Court Decisions in the Last Century

    Science.gov (United States)

    Gooden, Mark A.

    2004-01-01

    The major decisions of pre-and post-Brown and the history of African American student achievement are discussed through an analysis of select federal court decisions. One can conclude that the struggle for equal educational opportunity for African Americans in the United States is vying for the attention of more conservative Federal Court judges.

  2. Resource allocation decisions in Canada's health care system: can these decisions be challenged in a court of law.

    Science.gov (United States)

    Sweatman, Louise R; Woollard, Diane

    2002-12-01

    This paper explores how the Canadian courts have responded to resource allocation decisions that have impacted on patients. While there have been few Canadian cases, those that exist fall into two categories. In the first part of the paper, we discuss recent cases that fall into the category of traditional negligence cases where a patient has been harmed and is seeking redress from the providers of care. What is emerging is that individual defendants, either physicians or institutions, are raising economic factors in their defence. The issue, we examine in this context is whether economic arguments can be successful in justifying the level of care that was provided and we conclude that, to date, courts have not been receptive to these arguments. The second part of the paper discusses those cases where patients have used legal arguments to try and change a governmental/policy decision, or to seek redress from harm caused by such a decision that has affected their access to care. In this context, patients have used principles of administrative law, constitutional law and tort law with varied degrees of success. We provide an analysis of these cases and conclude that it is difficult for patients to succeed when challenging allocation decisions at the policy level. PMID:12385851

  3. Do Governments Sway European Court of Justice Decision-making?: Evidence from Government Court Briefs

    OpenAIRE

    Carrubba, Clifford J.; Matthew Gabel

    2005-01-01

    The European Court of Justice (ECJ) is commonly described as a powerful international force for legal integration. Indeed, past studies indicate that the ECJ has developed a supranational legal order that trumps national law in a broad range of economic policy areas. But this depiction of an autonomous Court driving European integration beyond the desires of the member-states is dubious. We would expect the Court, whose existence depends on an international treaty and whose authority depends ...

  4. Practice of European Court of Human Rights (ECHR) in the enforcement of courts’ final decisions

    OpenAIRE

    Alkelina Gazidede

    2015-01-01

    The paper aims at highlighting the importance of enforcement of judicial decisions as a key factor in building Rule of Law. As courts do not have the opportunity to lead themselves the process of decisions’s execution and the respective institutions have performed poor results, many cases are presented in front of European Court of Human Rights due to the lack of efficiency in executing judicial decisions. Obtaining a favorable judicial decision does not imply necessarily the fulfillment of t...

  5. Social Media and the Courts: Innovative Tools or Dangerous Fad? A Practical Guide for Court Administrators

    Directory of Open Access Journals (Sweden)

    Norman Meyer

    2014-06-01

    Full Text Available This article gives a comprehensive overview of what social media are, why social media are important in society and the courts, how social media can be used effectively, what social media platforms are well-suited to the courts, what problems can arise, and how to proactively deal with such problems. In the early years of social media use in the courts there was a lot of skepticism. As we have gained experience most problems have been shown to be less severe or have been solved. Meanwhile, many usage advantages have become apparent. Research in the United States has shown that judges are increasingly supporting social media use by themselves and their courts, and are less concerned about problems and compromising ethics.The courts hold a special place in government as impartial arbiters of legal disputes. We, as court leaders, must fulfill the public’s trust in us to achieve the highest level of service while upholding the rule of law. As we have seen, social media are excellent tools to make this a reality—the challenge is to securely and effectively leverage these tools in the court setting.

  6. Social Media and the Courts: Innovative Tools or Dangerous Fad? A Practical Guide for Court Administrators

    OpenAIRE

    Norman Meyer

    2014-01-01

    This article gives a comprehensive overview of what social media are, why social media are important in society and the courts, how social media can be used effectively, what social media platforms are well-suited to the courts, what problems can arise, and how to proactively deal with such problems. In the early years of social media use in the courts there was a lot of skepticism. As we have gained experience most problems have been shown to be less severe or have been solved. Meanwhile, ma...

  7. Court says 'no' to the practice of partial licensing subject to subsequent certain detail examination and approval within the nuclear installations licensing procedure. The current situation after the court decision in the Muelheim-Kaerlich case

    International Nuclear Information System (INIS)

    The final decision now taken by the Federal Administrative Court clarifies the judicial position vis-a-vis the practive of nuclear licensing authorities, to issue partial licences subject to subsequent examination and approval of certain details. (Decision 7 C 3/86 of the BVerwG, of September 9, 1988). The author discusses the court's decision in the Muelheim-Kaerlich case in the context of its impacts on the licensing practice, which developed some special features and procedures in the nuclear sector, and in regard to the legal status and scope of partial licences subject to subsequent detail examination. The article does not answer the question whether this court decision really will set an end to this practice in the nuclear licensing procedure. (RST)

  8. 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.

  9. Higher Administrative Court at Muenster expresses doubts concerning the constitutional character of section 7 of the Atomic Energy Act

    International Nuclear Information System (INIS)

    In connection with the procedure in contentious matters over the SNR 300, the chairman of the 7th senate of the Higher Administrative Court at Muenster has sent participants in the procedure a document, in which it is pointed out that in order to come to a decision in the law case in question within the framework of dutiful exercise of the judicial right of control, the constitutional character of section 7 of the Atomic Energy Act would have to be examined and also, whether the principles of basic law would be still warranted if the executive, and not parliament, makes decisions with considerable consequences (ultimate storage, plutonium industry, etc.) - Note: The matter was passed on to the Federal Constitutional Court on the 18th August 1977 in order that the constitutional character of section 7 of the Atomic Energy Act may be examined. (orig./HP)

  10. The Variable Power of Courts: The Expansion of the Power of the Supreme Court of India in Fundamental Rights and Governance Decisions

    OpenAIRE

    Mate, Manoj S

    2010-01-01

    This dissertation analyzed the extraordinary expansion of the power of the Supreme Court of India from 1967 to 2007, through close study of the Court's politically significant decisions in the areas of fundamental rights and governance. During this period, the justices of the Supreme Court India shifted toward greater activism in constitutional interpretation, and toward heightened, albeit selective, assertiveness, and greater authority, in challenging the exercise of Central Government powe...

  11. The Supreme Court decision in Nicklinson: Human rights, criminal wrongs and the dilemma of death

    OpenAIRE

    Alexandra Mullock

    2015-01-01

    This article analyses the decision of the Supreme Court in Nicklinson; the conjoined appeals concerning challenges to the prohibition against assisting a suicide under the Suicide Act 1961. Although the appellants failed in their attempt to persuade the majority of the court that the time was right to make a declaration of incompatibility under the Human Rights Act 1998, judicial antipathy towards assisted dying appears to be waning. In addition to discussing some of the diverse and remarkabl...

  12. 38 CFR 9.7 - Administrative decisions.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Administrative decisions... SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE § 9.7 Administrative decisions. (a... essential to a decision in the matter. Based on the evidence obtained, a formal determination will be...

  13. Assisting the High Administrative Court in Restricting Too Broad a Concept of Academic Judgment.

    Science.gov (United States)

    Cardao-Pito, Tiago

    2016-01-01

    I have received substantial monetary compensation and a formal apology from my first doctoral school, and a Ph.D. from another university. This essay describes my personal view on discussing the boundaries of academic judgment and research supervision with the ombudsman agency for higher education, and at the High Administrative Court of England and Wales. The Court's judicial doctrine addresses substantial research accountability matters. It clarifies that although the Court and ombudsman agency must not interfere with academic judgment, not everything done by an academic can be considered as academic judgment. A Ph.D. supervisor can seriously fail to perform his/her duties. PMID:26192821

  14. Extraordinary decision. The Muelheim-Kaerlich order of the Federal Constitutional Court. Protection of civil rights by way of procedural law

    Energy Technology Data Exchange (ETDEWEB)

    Mutius, A. von

    1984-01-01

    The author explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights.

  15. Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010

    Directory of Open Access Journals (Sweden)

    Sri Budi Purwaningsih

    2014-01-01

    Full Text Available The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1 of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a civil relationship with his father's family". This Indonesian Constitutional Court's decision bring Juridical consequence that illegitimate children not only have a legal relationship with her mother, but also has a legal relationship with the father (biological and his father's family, as long as it is proven with science and technology. The Constitutional Court's decision is a starting point in the legal protection of illegitimate children, namely the "right alignment" between the illegitimate child with the legitimate son. Illegitimate children have the rights to demand their civil rights toward their father (biological as the same rights obtained by the legitimate son. How To Cite: Purwaningsih, S. (2016. Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010. Rechtsidee, 1(1, 119-130. doi:http://dx.doi.org/10.21070/jihr.v1i1.99

  16. 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)

  17. Bavarian Constitutional Court, decision of April 29, 1987 (Reprocessing plant near Nuremberg)

    International Nuclear Information System (INIS)

    In its decision of April 29, 1987, the Bavarian Constitutional Court dismisses the action against the development plan of the reprocessing plant at Wackersdorf. The town of Nuernberg is not encroached in its constitutional rights according to art. 11 para. 2 Bavarian Constitution by the transport of radioactive waste within its municipal area after the commissioning of the reprocessing plant. (CW)

  18. 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 ...

  19. The Effects of Treatment Needs and Prior Social Services Use on Juvenile Court Decision Making

    Science.gov (United States)

    Schwalbe, Craig S.; Hatcher, Schnavia Smith; Maschi, Tina

    2009-01-01

    Every year, juvenile court judges commit large numbers of delinquent youths to institutional placements. Prior research indicates that both legal and extra-legal factors influence this decision-making process. Less frequently examined is the role of treatment needs and prior social services use. This study examined the influence of treatment needs…

  20. The Forum Matters: A Union Victory under a Restrained Court Decision.

    Science.gov (United States)

    Hyman, Ronald T.

    1996-01-01

    Analyzes the recent New Jersey Supreme Court decision in "Scotch Plains" regarding binding arbitration procedures in collective bargaining agreements to settle disputes over the withholding of salary increments. Discusses the events leading up to the case and comments on possible future directions for such cases. (54 footnotes) (MLF)

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

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

    2016-01-01

    The Unified Patent Court (UPC) will become a central player in the future development of European patent law. For this reason it becomes important to ensure that UPC‘s decision-making reflects the double-function of the Court as an adjudicator of individual disputes and a policy maker. Because of...... its institutional design, the UPC will be biased towards technology based values. Therefore, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making which is likely to jeopardize public trust and legitimacy of its decisions. This paper...... analyses how these blind spots can be covered in patent litigation before the UPC within the current legislative framework. The paper focuses on the role of UPC judges as case-managers and decision-makers, on the potential role of third party interveners, and addresses the key role of the parties in...

  2. Health Implications of the Supreme Court's Obergefell vs. Hodges Marriage Equality Decision.

    Science.gov (United States)

    Perone, Angela K

    2015-09-01

    The United States Supreme Court's Obergefell vs. Hodges groundbreaking marriage equality decision also created new terrain for lesbian, gay, bisexual, and transgender (LGBT) persons regarding health, healthcare, and health benefits. This article addresses the health implications of this decision by examining its impact on minority stress and stigmatization and health-related benefits. It also includes a discussion of several impending issues affecting LGBT health that remain after Obergefell. PMID:26788668

  3. Health Implications of the Supreme Court's Obergefell vs. Hodges Marriage Equality Decision

    OpenAIRE

    Perone, Angela K.

    2015-01-01

    The United States Supreme Court's Obergefell vs. Hodges groundbreaking marriage equality decision also created new terrain for lesbian, gay, bisexual, and transgender (LGBT) persons regarding health, healthcare, and health benefits. This article addresses the health implications of this decision by examining its impact on minority stress and stigmatization and health-related benefits. It also includes a discussion of several impending issues affecting LGBT health that remain after Obergefell.

  4. The Federal Administrative Court confirms unlawfulness of nuclear power moratorium. Political primacy is only valid in the bounds of justice

    International Nuclear Information System (INIS)

    With its decision on December 20th, 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 27th 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 procedural

  5. Gutta cavat lapidem... the Brokdorf decision of the Federal Constitutional Court

    International Nuclear Information System (INIS)

    The issue discussed is the decision taken by the Federal Constitutional Court on May 14, 1985 - Case number 1 BvR 233 and 341/81 -, concerning a ban on political demonstrations against the Brokdorf reactor. The author expresses surprise and concern about the fact that the right to hold demonstrations in the public is so overemphasized, as he holds that the too great number of political demonstrations we have seen in the past will snag a common feeling of solidarity with the Government and will foster a feeling of listlessness in the general population. As to the case brought before the Federal Constitutional Court, the author's opinion is that the Court ought to have dismissed the constitutional complaints as there is no infringement of civil rights involved in the case, and complaints were inadmissible. (HSCH)

  6. Nuclear energy. Rulings of the Hessian Administrative Court from the 21.07.1993 (fuel element plant Hanau)

    International Nuclear Information System (INIS)

    Rulings of the Hessian Administrative Court from the 21.7.1993 (fuel element plant Hanau). Reasons for the judgment are now available in written form (Hessian Administrative Court, 21.7.1993). They refer to the first, third and fourth partial licence for the mixed oxide processing plant in the fuel element plant in Hanau. (orig./HP)

  7. 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...

  8. 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....

  9. 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....

  10. Instructional Technology and Administrative Decisions

    Science.gov (United States)

    Eye, Glen G.; and others

    1969-01-01

    "Concerned with the spiraling problems of technology and its impact on instruction, the American Association of School Administrators (AASA) two years ago created the Committee on Technology and Instruction. Since that time the Committee has been active in investigating a number of areas relevant to the impact of technology on the public schools. …

  11. 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 follow apply to administrative determinations or decisions on claims involving the application of...

  12. 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 follow apply to administrative determinations or decisions on claims involving the application of...

  13. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    International Nuclear Information System (INIS)

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues

  14. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    Energy Technology Data Exchange (ETDEWEB)

    Zining, Jin, E-mail: jinzn@pkusz.edu.cn

    2015-11-15

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues.

  15. Neither Corporal Punishment Cruel nor Due Process Due: The United States Supreme Court's Decision in "Ingraham v. Wright."

    Science.gov (United States)

    Piele, Philip K.

    This paper examines some of the historical and contemporary assumptions regarding the social and educational context of the use of corporal punishment on children, assumptions that are implicit in the Supreme Court's decision in the Ingraham v. Wright case. Beginning with a summary of the Florida case, the author outlines the Court's majority…

  16. Google's Obligation to De-index Constitutional Court Decisions Published in the Spanish Official Journal

    OpenAIRE

    Blasi Casagran, Cristina; BLASI CASAGRAN, Eduard

    2012-01-01

    This article examines the both the premises and effects of the landmark decision, adopted in March 2012 by Spanish data protection authority (DPA), by which the DPA recognised itself as competent to require Google to de-index Constitutional Court judgments published in the Spanish official journal. Previously, Spanish citizens were usually unsuccessful in requesting Google to remove information included in the Spanish official journal, since the Spanish DPA believed that it was the Spanish Co...

  17. 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

  18. The beginning of the end? The International Court of Justice's decision on Japanese Antarctic whaling

    OpenAIRE

    Nurse, Angus

    2014-01-01

    This article assessing the International Court of Justice's (ICJ) decision on Japanese Antarctic whaling. Despite a moratorium on whaling agreed in 1986, Japan has continued to grant permits for 'scientific whaling' allowing its ships to kill whales due to provisions in the International Whaling Convention that would allow such activity. However, environmentalists have long maintained that Japan has continued its commercial whaling program, exploiting a loophole in the whaling convention in...

  19. 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

  20. Outer Children Marriages Status After Constitutional Court Decision No: 46/PUU-VII/2010

    OpenAIRE

    Sri Budi Purwaningsih

    2014-01-01

    The decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII / 2010 dated 17 February 2012, granted the judicial review of Article 43 (1) of Law No. 1 of 1974 on Marriage by deciding that the article should read "Children who are born outside of marriage just had a civil relationship with her mother and her mother's family as well as with men as a father who can be proved based on science and technology and / or evidence, has blood ties according to law, including a ci...

  1. Federal Constitutional Court affirms admissibility of decision in the matter of the Fast Breeder Kalkar

    International Nuclear Information System (INIS)

    In the case of the examination of the constituionality of section 7 Atomic Energy Act, in as far as this article enables the licensing of nuclear power plants of the type called Fast Breeder, the Second Senate of the Federal Constitutional Court has answered the OVG Muenster's motion to stay proceedings dated Aug 18th, 1977, with the following 'interim decision' - 2 B v L 8/77 - dated Jan 31st, 1978: 'The action is admissible'. The verdict was unanimous. The main grounds upon which the interim judgment is based are given in full. (orig./HP)

  2. 76 FR 7810 - Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court Decision Not in Harmony...

    Science.gov (United States)

    2011-02-11

    ... Results and Partial Rescission of Countervailing Duty Administrative Review, 74 FR 20923 (May 6, 2009... International Trade Administration Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court... amending the final results of the administrative review of the countervailing duty order on certain...

  3. 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…

  4. Legal Bibliography for Juvenile and Family Courts. Supplement 2.

    Science.gov (United States)

    Sheridan, William H.; Freer, Alice B.

    This bibliography provides a listing of journal articles on such topics as: the abused child, adoptions, case decisions, confessions, constitutional law, counsel, court administration and organization, courts, criminal law and procedure, custody, delinquency, domestic relations, due process for juveniles, evidence, family court and family law,…

  5. 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

  6. 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...

  7. 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

    ... Results of Antidumping Duty Administrative Review, 70 FR 34082 (June 13, 2005) (``Final Results''). \\3...'s Republic of China, 70 FR 56639 (September 28, 2005) (``Amended Final Results''). On June 29, 2009... International Trade Administration Fresh Garlic From the People's Republic of China: Notice of Court...

  8. Decision aids of technology in legislation and administration

    International Nuclear Information System (INIS)

    The author shows the difference between the state of technology, the rules of technology and direct consultation of experts in the process of decision, with regard to nuclear facilities. The state of technology and the rules of technology are not always the same; they are entered into rules of law as characteristics of the state of affairs. The technical aids to decision, however, are used differently and not always optimally by the various decision-making bodies of the legislative, executive and juridical powers. The author asks that means be sought which enable the courts to optimize the consultation of technical experts, so that decisions of the court, where technical problems are of significance, can be calculated in advance. (orig.)

  9. Organizing efficiency evaluation system for administrative decisions regarding land plots

    OpenAIRE

    D. Veresova

    2009-01-01

    This article analyses the problems of the efficiency evaluation of administrative decisions in shpere of the land property. The research of the Russian public administration practise discovers a number of drawbacks in the existing procedure of making administrative decisions which lead to taking politically benificial decisions and not to the most efficient ones. In accordance with law it is necessary to evaluate particular types of administrative decisions efficiency on rare ocasions. Foreig...

  10. 7 CFR 900.12 - Administrator's recommended decision.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Administrator's recommended decision. 900.12 Section... Marketing Orders § 900.12 Administrator's recommended decision. (a) Preparation. As soon as practicable... findings and conclusions the Administrator shall file with the hearing clerk a recommended decision....

  11. Is the German Federal Constitutional Court off course? Some thoughts on the control intensity of administrative case law

    International Nuclear Information System (INIS)

    The article comes to the overall conclusion that the efforts of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) to make the protection of basic rights more effective by largely restricting the discretionary powers of the administration, as justified as this may be from the point of view of general constitutional law, ultimately leads to legal uncertainties for both legal practitioners and persons seeking legal remedies. It is not only that court proceedings will be delayed by the increased necessity to consult outside experts, but also the practising administrative judges themselves will only slowly be able to adjust to the new situation. It remains to be seen whether the Federal Administrative Court (Bundesverwaltungsgericht) will be able to finally provide for the necessary clarity in the foreseeable future. (orig.)

  12. Administrative Judicial Rhetoric: The Supreme Court's New Thesis of Political Morality.

    Science.gov (United States)

    Makau, Josina M.; Lawrence, David

    1994-01-01

    Analyzes judicial rhetoric in U.S. Supreme Court civil liberties cases. Finds three related inventional strands: a rhetoric of efficiency, an evolving reasonableness standard, and appeals to tradition and majoritarian morality. Shows how these rhetorical turns have redefined the Court's role and transformed the Court from the guardian of…

  13. 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,…

  14. 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'')....

  15. The Federal Administrative Court is backing out of the control function in the field of atomic energy law

    International Nuclear Information System (INIS)

    The article discusses the regulatory deficits of the Atomic Energy Act and their consequences, particularly with regard to the prevention of damage, and how the Federal Administrative Court interprets the existing provisions in this context. The concept of damage prevention as defined by the Act is analysed in the light of the not well understood concept of providing protection from ionizing radiation, laid down in the 1976 Ordinance on Radiation Protection; it is also discussed in the light of the emancipation of sec. 7, sub-sec. (2), no. 3 Atomic Energy Act away from the danger concept as understood by police law, and of the specification of legal provisions by the administration, and the prerogative of the executive power. The Wyhl judgment of the Federal Administrative Court of December 19, 1985 has revealed the de facto augmentation of power held by the administration in the field of atomic energy law and radiation protection law. With the reduction of control by the courts now evident, the author's prognosis is that future will not see any court judgment on main issues that will cancel a licence for a nuclear power plant. (HSCH)

  16. 31 CFR 8.68 - Decision of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... dismissal of the complaint. The Administrative Law Judge shall file the decision with the Director of... 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...

  17. 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.

  18. The background and implications of the 2003 high-court decision on the Monju'' case

    International Nuclear Information System (INIS)

    2003 high-court decision on the ''Monju'' case brought about the necessity of relevant people's accountability of nuclear technologies how to contribute to the society. Future of fast breeding reactor cycle should be largely dependent whether the people would admit the existence and operation of the ''Monju'' and the following demonstration reactor with recognition of their necessity. Usually the mass media, which is apt to be severe against nuclear power, exists between the policy maker and the public. People in the nuclear circles should acquire communication art to grasp the mind of ordinary people and make themselves understood well. Nuclear power is one of human activities involving risks. In Europe and the United States research on scientific ''risk communication'' has been carried out and its significance has been fully recognized by the regulatory body with the methodology manual prepared. In Japan also new approaching method, i.e. new communication art, towards the society should be developed from the inside of the nuclear circles. (T. Tanaka)

  19. 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....

  20. The Effect of Ethnicity on Juvenile Court Decision Making in Hawaii.

    Science.gov (United States)

    MacDonald, John M.

    2003-01-01

    Analyzed delinquency referrals to family courts in Hawaii to examine ethnic disparity in juvenile court processing. Results showed that Hawaiian and Samoan youth experienced different treatment than white youth. Although the ethnic effects diminished when additional extralegal and legal factors were included, Hawaiian and Samoan youth were…

  1. 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.

  2. Regional Labour Court Baden-Wuerttemberg (Mannheim), decision of November 24, 1986 (co-determination in matters of security control)

    International Nuclear Information System (INIS)

    In its decision of November 24, 1986, the Regional Court of Baden-Wuerttemberg deals with the direction of security controls in nuclear research plants. The co-determination of the works council in this field is excluded, if the operator is directed by the licensing authority to carry out these controls pursuant to an obligation of the operating licence according to sec. 7 and sec. 17 of the Atomic Energy Act. With regard to the security purpose in sec. 1 no. 2 Atomic Energy Act only the operator is competent to make decisions in these cases. (WG)

  3. ARE THE DECISIONS OF THE INTERNATIONAL BODIES IN ALTERNATIVE DISPUTE RESOLUTION (ADR BASED ON THE UNIFORM DISPUTE RESOLUTION POLICY (UDRP FOR DOMAIN NAMES SUBJECT OF THE COURT APPLICATION PROVIDED BY ARTICLE 364 ROMANIAN CIVIL PROCEDURE CODE?

    Directory of Open Access Journals (Sweden)

    Beatrice ONICA JARKA

    2009-11-01

    Full Text Available * This paper has been prepared within the research project „Standardization of Judicial Practice and Harmonization With the ECHR Jurisprudence, a Mandatory Condition to Enforce Justice. Legislative Proposal to Grant Aconsistent Judicial Practice” (ID-1094 financed by the Romanian Minister of Education, Research, Youth and Sports.The alternative dispute resolution (ADR for domain name disputes based on Uniform Dispute Resolution Policy (UDRP adopted by ICANN in 1999 provides for administrative proceedings. The decisions awarded in these proceedings shall be implemented directly by the domain names Registrars. The implementation is, according to paragraph 4 (k of the UDRP subject to stay if a Court proceeding in a competent jurisdiction is initiated in a 10 business days term from the date the domain name Registrar is informed about the Administrative Panel decision. The nature of the Court proceedings available under the local jurisdiction is not clear under UDRP, ICANN Rules for UDRP or the procedural rules adopted by the different UDRP procedure providers. This body of rules does not specify if the local proceedings subject the Administrative Panel decision to direct review or only provides for a procedural mean to stop the enforcement of such decision by obtaining a contrary Court decision. This amounts to a degree of uncertainty for the proceedings under the local law especially in countries where there is no legislation in connection to domain name, as it is Romania. The possibility to subject an Administrative Panel decision in an UDRP proceeding to the application to cancel an arbitration award provided by article 364 from the Romanian Civil Procedure Code is a tempting one. On the other side, the application provided by article 364 from the Romanian Civil Procedure Code may be founded only on limited legal grounds, some expressly provided by the said article being incompatible with the alternative dispute resolution (ADR for domain

  4. Administrator Career Paths and Decision Processes

    Science.gov (United States)

    Farley-Ripple, Elizabeth N.; Raffel, Jeffrey A.; Welch, Jennie Christine

    2012-01-01

    Purpose: The purpose of this paper is to present qualitative evidence on the processes and forces that shape school administrator career paths. Design/methodology/approach: An embedded case study approach is used to understand more than 100 administrator career transitions within the Delaware education system. Semi-structured interview data were…

  5. 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. PMID:22847071

  6. Court lifts injunction to stop construction of Isar 2 nuclear power plant

    International Nuclear Information System (INIS)

    A press release of the Bavarian Court of Administration No. 22 CS 84 A. 453 referring to the case Franziska Beck against the Free State of Bavaria, states the following: Upon the hearing of March 27, 1984, the 22nd Senate of the Bavarian Court of Administration decided to lift the injunction of January 16, 1984 of the Regensburg Administrative Court, and to allow further construction of Isar II nuclear power plant. The main reasons underlying this decision are given. (orig./HP)

  7. 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…

  8. 7 CFR 1200.13 - Administrator's recommended decision.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administrator's recommended decision. 1200.13 Section... Practice and Procedure Governing Proceedings To Formulate and Amend an Order § 1200.13 Administrator's... for the filing of written arguments or briefs and proposed findings and conclusions the...

  9. The German Federal Court of Audit's observations of and comments on tax administration and tax compliance

    OpenAIRE

    Schöbel, Enrico

    2006-01-01

    Auditing institutions, such as the German Federal Court of Audit (BRH), provide information on public revenue and public spending. The question of how to increase tax compliance has been of frequent interest. Unfortunately, information from German taxpayers? declaration behaviour (beyond the official income statistics and tax statistics) was neither systematically collected, nor otherwise made accessible for systematic research. However, the BRH selectively observes taxpayers? and tax adminis...

  10. Employee or independent contractor? A summary of court, umpire and referee decisions relating to employee status

    International Nuclear Information System (INIS)

    Nine case examples of disputes regarding the distinction between contractor personnel and employee status were presented. The cases involved people hired for services by Sunstar Uniforms Inc., S.A.M. Distributors, Malibu Homes Construction Ltd., Perfect Drywall Co. Ltd., Tim Horton's, Badger Mechanical Services Whitecourt Ltd., Hostage Musical Group, a chocolate bar seller in Regina, and Normatec Consultants Inc. This presentation described the disputes for each unique case and presented the outcome as decided by the courts

  11. 77 FR 41374 - Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court Decision Not in Harmony...

    Science.gov (United States)

    2012-07-13

    ... Review, 73 FR 31,961 (June 5, 2008) (Final Results). Consistent with the decision of the United States... whether record evidence proved that Essar's contingent liability for deferred import duties under the duty... Administrative Review and Rescission of Administrative Review in Part, 75 FR 27297, 27298 (May 14, 2010)....

  12. Court Decisions on Medical Malpractice in China After the New Tort Liability Law.

    Science.gov (United States)

    Zhang, Kui; Li, Yuan; Fan, Fei; Liu, Xin; Deng, Zhen-Hua

    2016-09-01

    A new Tort Law of the People's Republic of China became effective on July 1, 2010. We undertook an analysis of medical malpractice lawsuits brought before regional courts in Beijing districts after this new Tort Liability Law went into effect. In total, 726 cases eventuating in a final verdict were collected from the Beijing district courts from 2011 to 2013 in this retrospective study; 83.7% of the 726 alleged instances of medical malpractice were confirmed to be malpractice by the final verdict. The disciplines most frequently involved with claims of medical malpractice were obstetrics and gynecology, the most frequent outcomes was death, and the most common types of case associated with malpractice was surgery related. The average length of time between the occurrence of the injury and closure of the claim was 9.2 months, and the average payment was ¥163,000. Since the introduction of the new Tort Liability Law, the average time to complete a litigation was shortened, but it has made little apparent difference otherwise. PMID:27281443

  13. The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

    International Nuclear Information System (INIS)

    The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH)

  14. 14 CFR 158.29 - The Administrator's decision.

    Science.gov (United States)

    2010-01-01

    ... (CONTINUED) AIRPORTS PASSENGER FACILITY CHARGES (PFC'S) Application and Approval § 158.29 The Administrator's... notification will list the projects and alternative uses that may qualify for PFC financing under § 158.15, and... decision on the application. The notification will list the approved projects, PFC level, total...

  15. The structure of decision support systems administrator next information network

    OpenAIRE

    І.Ю. Субач; П.В. Хусаінов; Міщенко, В.О.; Д.Е. Прусов

    2009-01-01

     Tasks of execute orderly administrator of special purpose information network are analyzed, and the structure and functions of the system are proved that support taking decisions in real time. Key words: information networks, information services, methods of increasing the efficiency, information evaluation, intellectual data analysis.

  16. Aspects of the role of scientific-technical expert knowledge in administrative court procedures on licensing of large technical projects

    International Nuclear Information System (INIS)

    On the basis of atomic energy law, the author explains some specific problems associated with the respective roles of experts (or expert bodies) and courts of law. In legal theory, it is comparatively easy to draw the line between the two functions, but in practice this delimination meets with difficulties. Finally, the author proposes to improve the definitions of the respective functions of experts (expert bodies) and courts of law in procedures dealing with permits of large technical facilities as follows: A highly qualified, independent body of experts in a technically representative composition lays down, in a binding way, the main elements of the safety standard of a specific plant or type of plant. The responsible administrative authority, after having examined all other legal conditions, grants the permit for that plant. There are no objections to such a model in the light either of aspects of constitutional law or of legal policy or constitutional policy, not are there any practical reasons against this approach. The only doubtful aspect is the present political feasibility. (orig.)

  17. The Effects of Five Ohio Supreme Court Decisions (1964-1980) Involving the Park Investment Company on Property Assessment and Taxation for Ohio Public Schools.

    Science.gov (United States)

    Morvai, Ronald L.; Dye, Charles M.

    This document reviews the results of a study of five Ohio Supreme Court cases concerning the equalization of property assessments among the various classes of real property: commercial, industrial, residential, and agricultural. Each of the decisions--occurring between 1964 and 1980, and involving the Park Investment Company--is briefly summarized…

  18. A Framework for Researching Public Administration Decision Making Processes

    Directory of Open Access Journals (Sweden)

    Răzvan PETRUȘEL

    2013-06-01

    Full Text Available How decisions are made is a major concern for researchers and practitioners in public administration. So far, the approach to this problem was top-down. Researchers and practitioners were concerned with the legal framework, procedures and best practices of general applicability. Some of the issues tackled at the top level are: decisional transparency, citizens’ participation in public decisions, the legal procedures of public decision making etc. Research approaches rely on data gathered through surveys, questionnaires etc. Instead of using this general-to-particular approach, this paper argues that a bottom-up approach to researching public decision making processes is possible and valuable. Therefore, the main contribution of this paper is the introduction of a coherent framework, that enables research to be conducted based on automatic extraction of models from large numbers of individual cases of public decision making processes. Some of the research questions that could be answered by employing this framework are: ‘what was the actual decision process used for a particular decision?’, ‘is a particular decision process in line with the legal framework?’, ‘are two different decisions made based on the same process?’ etc. The framework that we introduce consists of a model that depicts the data-view of the decision making process and a methodology that enables such a model to be created from the data available in public municipalities. We also provide means to analyze the model in connection with case study data. The validation of the framework is done through a case study conducted at the level of Cluj-Napoca Municipality.

  19. SPECIAL LOCAL TAXES. THEORETICAL AND PRACTICAL ISSUES REGARDING LATE LODGING OF PRELIMINARY COMPLAINTS IN ADMINISTRATIVE COURTS UNDER ARTICLE 30 OF LAW 273/2006 ON LOCAL PUBLIC FINANCES

    Directory of Open Access Journals (Sweden)

    Andrei Costin GRIMBERG

    2015-06-01

    Full Text Available The procedure to challenge decisions imposing the local taxes is a special procedure.Article 30 of Law no.273/2006 has provided a special procedure for the challenging of special taxes, by derogation from the Law no. 554/2004. Thus, interested persons may challenge the special taxes within 15 days of the posting or publication thereof; in this case, however, the claimant has failed by far to meet this deadline, virtually skipping the appeal stage and going straight and only through the procedure stipulated by Law no.554/2004.Any contrary approach would amount to a case of disregarding of the legal reasoning introduced by the special law no. 273/2006 under which appeals against special charges should be lodged with the decision-making bodies within 15 days after their passing.In the case that the applicant skips this stage, his action in court will be deemed, for the purpose of the provisions of article 30 of Law no.273/2006, as a belated application. It was thus found that Article 30 paragraph 6 of the Law no. 273/2006 and article 194 of the Rules for implementation of the Law no. 571/2003 contain rules that are exemptions from the provisions of Law no. 554/200, in terms of the deadline for challenging decisions passed by local governments, establishing special charges.It is therefore normal in fiscal matters that a special and derogatory term for appeal be established, which is shorter and accrues as of the moment in time when the term has been objectively determined, and which applies equally to all applicants, with the need for establishing such a term being called for by the need to avoid levying special taxes for a long period of time and from a significant number of target taxpayers, as well as the subsequent cancellation at some point in time of the administrative act by which such taxes were imposed.

  20. 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

  1. Social Information in Court Decisions of Compulsory Child Adoption in Israel

    Science.gov (United States)

    Ben-David, Vered

    2011-01-01

    Ambiguity over the concepts of "parental capability" and "the child's best interests" in the Israeli adoption law, and a lack of sufficient professional knowledge can lead to bias in the professional decision-making process regarding child adoption. This study investigates the idea that judges do not use only legal considerations and relevant…

  2. After Myriad: Genetic Testing in the Wake of Recent Supreme Court Decisions about Gene Patents

    OpenAIRE

    Cook-Deegan, Robert; Niehaus, Annie

    2014-01-01

    Genetic testing is becoming more common and more powerful by the day. The costs of the underlying DNA sequencing technology are plummeting, making it likely that tests based on it will become even more pervasive. The use of tests to determine DNA sequence to help make clinical decisions is here to stay. DNA sequencing is also finding new uses in forensics, determination of ancestry, understanding the history and genetic lineages of human populations and many other applications.

  3. Market forces determine media coverage of death penalty decisions by state high courts

    OpenAIRE

    Vining Jr, Richard L.; Wilhelm, Teena; Collens, Jack D.

    2014-01-01

    What determines how death penalty cases are covered by the media? In new research, Richard L. Vining, Jr., Teena Wilhelm and Jack D. Collens argue that the press does not treat all cases equally, and that they are more likely to report on cases that will have broad appeal and increase their sales and profits. They find that a newspaper is nearly 60 percent more likely to cover a death penalty case decision if the offender is a woman and about 30 percent more likely if the sentence or convicti...

  4. Financial protection against nuclear hazards: implications of the Supreme Court's decision in Silkwood

    International Nuclear Information System (INIS)

    The study evaluates the operation of the Price-Anderson Act in the light of 10 years of experience and the changes that have occurred during the period in the law and regulations and in the nuclear and insurance industries. It provides an independent analysis of various proposals to extend or amend the Act prior to its 1987 expiration. The five chapters deal with historical background and scope, financial protection under the Act, financial protection without the Act, legislative goals and issues, and alternative proposals. The report concludes that no scheme can fully satisfy all of the criteria, bu a careful balancing will depend upon congressional decision on the extent to which federal policy should encourage continued participation by private industry in the nuclear field. Selected footnotes follow each chapter

  5. Schleswig Administrative Court: Decision of August 18, 1980 - on Brunsbuettel reactor

    International Nuclear Information System (INIS)

    Form the following wording of sect. 4(2) No. 2 of the Rules of Procedure according to the Atomic Energy Law 'which may be of legal relevance for third partiy interest' and from the interpretation according to its essence and purpose follows that 'legal relevance' may only prevail if the installation has been modified, reducing its safety level. In the future it has to be examined whether actions against, resp. applications for the suspension of, nuclear licences are taken, making improper use of legal remedies, and are therefore inadmissible, i.e., whether, in reality, the complainants resp. applicants are in general against the peaceful utilization of nuclear energy, showing subjective legal affectedness. (orig.)

  6. Administrative Court Kassel, decision of July 23, 1985 (danger to health)

    International Nuclear Information System (INIS)

    The person who demands a preliminary ruling concerning the temporary or permanent closing down of a nuclaer installation, has to present prima facie evidence for being endangered by the operation of a certain installation. The general allegation that the installation is hazardous to his/her health is not sufficient. The applicant has to present prima facie evidence for being exposed to a radiation dose higher than the limit given in sec. 45 Radiation Protection Ordinance. (CW)

  7. 網路中立性與我國寬頻政策之探討 ― 由臺北高等行政法院九十九年度訴字第一六五四號判決談起 Network Neutrality and Broadband Policy in Taiwan ― Comment on Decision of Taipei High Administrative Court Su-Tzu No. 99-1654

    Directory of Open Access Journals (Sweden)

    葉志良 Chih-Liang Yeh

    2012-06-01

    Full Text Available 網路中立性是探討網路服務業者進行差別待遇的議題,在美國與歐盟分別引發不同的討論。我國行政法院的判決本為解決國家通訊傳播委員會(NCC)是否有權審核電信業者陳報費率以外的事項,然NCC 在本案主張中華電信的費率附加條件違反網路中立性原則,同時在寬頻服務中僅有20M/2M 之速率服務有傳輸上限之條款,亦違電信公平提供服務原則。以上爭點雖並非直接與網路中立性之原則相關,但卻與歐盟、美國在處理網路中立性議題的歷程中所關注的資訊透明化以及無差別待遇等有所關連。美國與歐盟在網路中立性議題上的態度差異甚大:歐盟傾向將網路中立性的爭議以市場競爭的角度處理,仍在2009 年的指令修訂中增列透明度的義務,強化充分的資訊揭露;美國雖傾向制訂網路中立性的管制規範,卻也在新的法規命令中增列透明度的要求。綜合美國與歐盟的發展,對電信業者營運透明度揭露是兩者共同的方向,更為透明的資訊揭露將可促進市場競爭。我國並無直接的網路中立性規範,係因高度管制的市場使本議題重要性並不明顯。借鏡美歐經驗,以資訊透明度促進市場競爭,對我國寬頻服務市場之發展將更為有益。 Network neutrality is the issue about how the Internet service providers discriminate their services, and this issue has raised in-depth discussion in the United States and the European Union. In a recent court decision in Taiwan, the court aimed to clarify whether the National Communications Commission (NCC is empowered to review the matters outside the scope of rate plans. In this case, the NCC claimed that the additional condition is not only against the principle of network neutrality, but the condition with maximum transmission limit is also against the principle of fair offerings of telecommunication

  8. Court decision concerning the differentiation between orders by the supervisory authority pursuant to section 19, sub-sec. (3) Atomic Energy Act, and subsequent imposition of duties pursuant to section 17, sub-sec. (1), 3rd sentence, Atomic Energy Act

    International Nuclear Information System (INIS)

    The Lueneburg Higher Administrative Court has pronounced a judgement on February 16, 1989 - 7 A 108/88 - concerning the differentiation between orders by the supervisory authority (section 19, sub-sec. (3) Atomic Energy Act), and subsequent imposition of duties (section 17, sub-sec. 1, 3rd sentence Atomic Energy Act). The court decided that subsequently imposed duties exclusively aiming at minimizing the remaining risk are not permissible. The statements by Stein/Hartung in this article critically comment this court decision, which is the first in matters of an action of operators of a plant to set aside duties imposed after commissioning of the plant. The duty imposed in this case was to carry out ultrasonic testing of the centering pins of fuel elements in the upper grid plate of the Brokdorf reactor, and to replace one broken centering pin. (RST)

  9. 29 CFR 18.57 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion under § 18.55, proposed... 29 Labor 1 2010-07-01 2010-07-01 true Decision of the administrative law judge. 18.57 Section 18... BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES General § 18.57 Decision of the administrative law...

  10. 29 CFR 1955.41 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... administrative law judge may allow, each party may file with the administrative law judge proposed findings of... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 1955.41 Section... § 1955.41 Decision of the administrative law judge. (a) Within 30 days after receipt of notice that...

  11. The European Court of Justice's decision regarding the Brüstle patent and its implications for the legality of stem cell research within the European Union.

    Science.gov (United States)

    Heyer, Martin; Spranger, Tade Matthias

    2013-12-01

    In 2011 the European Court of Justice issued a decision regarding the patentability of technologies derived from human embryonic stem cells. The finding will have an impact on the framework of stem cell research within the European Union and its Member States and has already triggered several political initiatives regarding the funding of research with human embryonic stem cells on the European level as well as a renewed public debate. This article will take a short look at the case history and the findings of the court. It offers some critical comments regarding the findings' consistency with European and international regulations on intellectual property rights as well as some considerations on the possible impact of the case for other fields of law. PMID:24304076

  12. 29 CFR 2570.118 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.118 Section... Civil Penalties Under ERISA Section 502(c)(6) § 2570.118 Decision of the administrative law judge....

  13. 29 CFR 2570.9 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.9 Section... Civil Sanctions Under ERISA Section 502(i) § 2570.9 Decision of the administrative law judge....

  14. 31 CFR 15.737-25 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... complaint. The Administrative Law Judge shall file the decision with the Director and shall transmit a copy... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Decision of the Administrative Law... Administrative Law Judge. As soon as practicable after the conclusion of a hearing and the receipt of...

  15. 29 CFR 2570.138 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.138 Section... Civil Penalties Under ERISA Section 502(c)(7) § 2570.138 Decision of the administrative law judge....

  16. 29 CFR 2570.168 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.168 Section... Civil Penalties Under ERISA Section 502(c)(8) § 2570.168 Decision of the administrative law judge....

  17. 29 CFR 2570.68 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... file with the administrative law judge, subject to the judge's discretion, proposed findings of fact... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.68 Section... Civil Penalties Under ERISA Section 502(c)(2) § 2570.68 Decision of the administrative law judge....

  18. 30 CFR 903.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 903.775 Section 903.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... § 903.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative...

  19. 30 CFR 942.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 942.775 Section 942.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... § 942.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative...

  20. 30 CFR 922.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 922.775 Section 922.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... § 922.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative...

  1. 30 CFR 910.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 910.775 Section 910.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... § 910.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative...

  2. 30 CFR 905.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 905.775 Section 905.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... § 905.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative...

  3. 30 CFR 912.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 912.775 Section 912.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... § 912.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative...

  4. 30 CFR 947.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 947.775 Section 947.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... § 947.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative...

  5. 30 CFR 937.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 937.775 Section 937.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... § 937.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative...

  6. 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.

  7. The Impact of Same-Sex Marriage on Hawaii's Economy and Government: An Update After the U.S. Supreme Court's Same-Sex Marriage Decisions

    OpenAIRE

    Sumner La Croix; Lauren Gabriel

    2013-01-01

    This report provides an update on the potential impact of marriage equality in Hawai'i on the state’s economy in light of the U.S. Supreme Court’s recent DOMA and Proposition 8 decisions. We find that marriage equality is likely to lead to substantial increases in Hawai'i visitor arrivals, visitor spending, and state and county general excise tax revenues due to pent-up demand for same-sex marriage. Over the 2014-2016 period, we estimate that additional visitor spending due to marriage eq...

  8. Health care M&A advisory alert: Delaware court decision illustrates importance of specialized due diligence on Medicare/Medicaid issues in health care acquisition.

    Science.gov (United States)

    Vernaglia, Lawrence W; Herman, Dimitry S; Ziegler, Rachel Schneller

    2005-01-01

    Lawyers and clients contemplating a health care transaction must have a strong working knowledge not only of the applicable law, but also of the provider's needs and culture. As illustrated by a recent Delaware court decision, Interim Healthcare, Inc. et al. v. Spherion Corporation, parties engaging in health care provider acquisitions are well advised to select a team of experienced business and legal advisors with specialized knowledge in health care practices that can find and address any suspicious activities before it is too late. PMID:18975724

  9. 78 FR 30271 - Stainless Steel Plate in Coils From Belgium, South Africa, and Taiwan: Notice of Court Decision...

    Science.gov (United States)

    2013-05-22

    ... Orders: Stainless Steel Plate in Coils from Belgium, Italy and South Africa, 64 FR 25288 (May 11, 1999... Stainless Steel Plate in Coils From Belgium, Italy, and South Africa, 68 FR 11524 (March 11, 2003... FR 25666 (May 5, 2011). \\2\\ See ArcelorMittal Stainless Belgium N.V. v. United States, Court No....

  10. 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

    jurisdictions for the reasons of unavailability of reliable enforcement mechanisms. This is said to justify the pre-trial detention to be de facto the rule rather than exception. However, specific conditions of the Extraordinary Chambers in the Courts of Cambodia (ECCC) warrant a differing appraisal. The...

  11. 76 FR 53409 - Wooden Bedroom Furniture From the People's Republic of China: Corrected Notice of Court Decision...

    Science.gov (United States)

    2011-08-26

    ... derive the financial ratios pursuant to the lower Court's order in Dorbest II.\\14\\ \\14\\ See Dorbest IV... surrogate financial ratios applied to Dorbest, and re-included the financial statements from the four... People's Republic of China, 69 FR 67313 (November 17, 2004), and accompanying Issues and...

  12. Occupational health values in the Supreme Court: cost-benefit analysis.

    Science.gov (United States)

    Curran, W J; Boden, L I

    1981-11-01

    In American Textile Manufacturers Institute v. Donovan, the Supreme Court refuted an industry challenge, supported by the Reagan administration, to the cotton dust standard established under the Occupational Safety and Health Act. Petitioners argued that the Act required cost-benefit analysis, but the Court ruled in favor of workers' health where toxic materials were concerned. An earlier Supreme Court decision, Industrial Union Dept. v. American Petroleum Institute, invalidated OSHA's standard on occupational exposure to benzene as too stringent for the determined risk. These two decisions provide boundaries within which standards may be promulgated balancing industrial growth and development against worker safety and health. PMID:6794378

  13. Supreme Court ruling reduces GAAP's authority in Medicare cases.

    Science.gov (United States)

    Taebel, S W

    1995-10-01

    Before March 6, 1995, the Federal courts routinely required that generally accepted accounting principles (GAAP) be applied when Medicare cost reimbursement decisions were made, even if the Health Care Financing Administration (HCFA) had contrary reimbursement policies in place. On March 6, however, the U.S. Supreme Court handed down a ruling in Shalala v. Guernsey Memorial Hospital that rejected prior court decisions and thus dismantled the body of case law that deferred to GAAP. As a result, hospitals, nursing homes, and other Medicare providers no longer can expect reimbursement decisions to be made in accordance with GAAP. The ruling also bestows greater discretionary power on HCFA and lessens its public accountability, which means that providers will face new reimbursement challenges in pending disputes with HCFA and its representatives. PMID:10151249

  14. 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.

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

    International Nuclear Information System (INIS)

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

  16. Structural contradictions in control system by enterprise as function of associate administrative decisions

    OpenAIRE

    Kalyuzhna, N.; Golovkova, К.

    2013-01-01

    The key role of organizationally-functional structure improvement of management is reasonable in the increase of efficiency of preparation processes, acceptance and realization of administrative decisions on an enterprise. The algorithm of structural exposure contradictions is offered in control system by an enterprise. The morphological matrix of description of structural contradiction as functions of associate administrative decisions is formed. Sources 22.

  17. 31 CFR 10.77 - Appeal of decision of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... decision of Administrative Law Judge. (a) Appeal. Any party to the proceeding under this subpart D may file an appeal of the decision of the Administrative Law Judge with the Secretary of the Treasury, or... Law Judge. 10.77 Section 10.77 Money and Finance: Treasury Office of the Secretary of the...

  18. 30 CFR 941.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 941.775 Section 941.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... DAKOTA § 941.775 Administrative and judicial review of decisions. Part 775 of this...

  19. 30 CFR 939.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 939.775 Section 939.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... ISLAND § 939.775 Administrative and judicial review of decisions. Part 775 of his chapter,...

  20. 30 CFR 921.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 921.775 Section 921.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... MASSACHUSETTS § 921.775 Administrative and judicial review of decisions. Part 775 of this...

  1. 30 CFR 933.775 - Administrative and judicial review of decisions.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Administrative and judicial review of decisions. 933.775 Section 933.775 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT... CAROLINA § 933.775 Administrative and judicial review of decisions. Part 775 of his chapter,...

  2. 5 CFR 838.1009 - Decisions.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Decisions. 838.1009 Section 838.1009 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) COURT... Decisions. (a)(1) When the individual does not respond within the 30-day notice period provided for by §...

  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. Status of Court Management in Switzerland

    OpenAIRE

    Andreas Lienhard; Daniel Kettiger; Daniela Winkler

    2012-01-01

    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 (NC...

  5. 28 CFR 541.64 - Decision of the Hearing Administrator.

    Science.gov (United States)

    2010-07-01

    ... MANAGEMENT INMATE DISCIPLINE AND SPECIAL HOUSING UNITS Procedures for Handling of HIV Positive Inmates Who... decision is based, along with evidence of the inmate's HIV positive status. (b) The Hearing...

  6. 我国建立与行政区划相分离的司法管辖制度探索--以美国法院和我国海事法院体制为分析视角%Exploring the Separate the Jurisdiction of Courts from Administrative Divisions in Our Country

    Institute of Scientific and Technical Information of China (English)

    邓娜

    2014-01-01

    Third Plenary Session of the 18th Central Committee discussed and passed The Decision on Ma-jor Issues Concerning Comprehensively Deepening Reforms. It put forward unify the management of staff members and properties of courts and procuratorates below the provincial level. Separate the jurisdiction of courts from administrative divisions to ensure that the state laws are enforced properly and uniformly. Sepa-rate the jurisdiction of courts from administrative divisions gathers public debate. We can put the U.S. court system and China's maritime court system as an analytical perspective to explore and account concept in system design.%十八届三中全会审议通过的《中共中央关于全面深化改革若干重大问题的决定》提出:“推动省以下地方法院、检察院人财物统一管理,探索建立与行政区划适当分离的司法管辖制度,保证国家法律统一正确实施。”之后,探索建立与行政区划相分离的司法管辖制度受到社会公众广泛热议。以美国法院和我国海事法院体制为分析视角,就如何建立与行政区划相分离的司法管辖制度进行探索,并在制度设计上提出一些构想。

  7. Healthcare Decision Support System for Administration of Chronic Diseases

    OpenAIRE

    Woo, Ji-In; Yang, Jung-Gi; Lee, Young-Ho; Kang, Un-Gu

    2014-01-01

    Objectives A healthcare decision-making support model and rule management system is proposed based on a personalized rule-based intelligent concept, to effectively manage chronic diseases. Methods A Web service was built using a standard message transfer protocol for interoperability of personal health records among healthcare institutions. An intelligent decision service is provided that analyzes data using a service-oriented healthcare rule inference function and machine-learning platform; ...

  8. Supervisory Control and Court Management

    OpenAIRE

    Andreas Lienhard

    2009-01-01

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

  9. 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?

  10. 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

    ... Administrative Review and New Shipper Reviews, 74 FR 29174 (June 19, 2009) (``Final Results''), and accompanying... Antidumping Duty New Shipper Reviews, 72 FR 38057 (July 12, 2007). Chenhe and Greening timely challenged the... Results and Partial Rescission of the 14th Antidumping Duty Administrative Review, 75 FR 34976 (June...

  11. 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

    ... and Final Results and Partial Rescission of the Fourth Antidumping Duty Administrative Review, 69 FR... Final Results, 69 FR at 54637-54638. The Department found that Gerber and Green Fresh were involved in a... International Trade Administration Certain Preserved Mushrooms from the People's Republic of China: Notice...

  12. 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

    ... Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review, 76 FR... Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR 24533 (May 10, 2005). FOR FURTHER... Taiwan: Preliminary Results of Antidumping Duty Administrative Review, 76 FR 22366 (April 21,...

  13. Describing and Explaining the Personal and Professional Moral Codes Considered by Administrators as They Make Decisions

    Science.gov (United States)

    Phillips, David E.

    2011-01-01

    Every administrative action a principal will take is reduced to a decision. These decisions are made in an arena of overlapping moralities stemming from the organizational morality in concert with his/her personal morality. As Barnard stated, it is impossible to divorce one from the other. The purpose of this study was to attempt to describe and…

  14. The psychological mechanism of making administrative decisions in the bodies of state power.

    OpenAIRE

    Aleksandr VORONOV

    2016-01-01

    The concept of psychological mechanism as the basic category of professional activity is articulated in the article. The specifics of making administrative and government decisions in government bodies of Ukraine are characterised. The concept of psychological mechanisms of making managerial decisions is presented. The model of psychological mechanisms of making managerial decisions in government bodies is formed and described. It is shown that the model involves psychological ...

  15. Risk assessment by the executive power versus efficiency of control by the courts - effects on administrative procedures and judicial proceedings

    International Nuclear Information System (INIS)

    In conclusion it is stated that any cutbacks in the current system of judicial control have to be earned by appropriate improvements in the administrative procedure. One has to keep in mind the overall situation, which means to examine and assess any reduction of judicial control, the relevance of procedural defects, and the requirements to be met by administrative procedures, in their complete context. Since the acknowledgement of administrative regulations as instruments for putting into practice the legislative intent, and of the executive's scope for examination and assessment, has effects not only in regard to a reduction of judicial control, but also assigns to the administrative procedure an irreplaceable function that cannot be corrected by legal proceedings, there is reason enough to exercise restraint in this matter. (orig./HSCH)

  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. 38 CFR 17.506 - Appeal of decision by Veterans Health Administration to deny disclosure.

    Science.gov (United States)

    2010-07-01

    ... Veterans Health Administration to deny disclosure. 17.506 Section 17.506 Pensions, Bonuses, and Veterans... Records § 17.506 Appeal of decision by Veterans Health Administration to deny disclosure. When a request... in part by the VA medical facility Director, Regional Director or Under Secretary for Health, the...

  18. 78 FR 42491 - Aluminum Extrusions from the People's Republic of China: Notice of Court Decision Not in Harmony...

    Science.gov (United States)

    2013-07-16

    ..., 76 FR 30650 (May 26, 2011) and Aluminum Extrusions from the People's Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (``Orders''). \\2\\ See Final Results of Redetermination... International Trade Administration Aluminum Extrusions from the People's Republic of China: Notice of...

  19. 78 FR 34984 - Aluminum Extrusions From the People's Republic of China: Notice of Court Decision Not in Harmony...

    Science.gov (United States)

    2013-06-11

    ... Aluminum Extrusions from the People's Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011) and Aluminum Extrusions from the People's Republic of China: Countervailing Duty Order, 76 FR 30653... International Trade Administration Aluminum Extrusions From the People's Republic of China: Notice of...

  20. 77 FR 71167 - Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2012-11-29

    ... Flooring From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 76 FR...'s Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3... International Trade Administration Multilayered Wood Flooring From the People's Republic of China: Notice...

  1. 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

    ... certain line items in the surrogate financial statement used to calculate surrogate financial ratios in... surrogate financial ratios.\\7\\ \\6\\ Id. \\7\\ See Memorandum from Bobby Wong, Senior Analyst; Through Scot T... Duty Administrative Review, 75 FR 1592 (January 12, 2010) (``Final Results'') (review covering...

  2. Analisys of IT outsourcing contracts at the TCU (Federal Court of Accounts and of the legislation that governs these contracts in the Brazilian Federal Public administration

    Directory of Open Access Journals (Sweden)

    Graziela Ferreira Guarda

    2015-09-01

    Full Text Available Information technology (IT outsourcing has for a long time been a major trend in business and government. Accountability of IT outsourcing contracts in the public administration is recognized as an important factor contributing to government transparency and public services quality, given the legislation governing these contracts and the amount of related expenditures. Considering the trend towards open government data publishing, including data on outsourcing contracts, there is an interesting opportunity for citizens to participate in the open auditing of these contracts as a means to assess the good application of public resources. In this study we explore this possibility by analyzing open data published by the Brazilian Federal Court of Accounts (TCU is its acronym in Portuguese, an interesting case since this agency has a paramount role in auditing the whole Brazilian Federal Public Administration. To this end, we gathered open data from the TCU regarding all outsourced IT services contracts maintained by the agency during the years 2000-2013. This data is analyzed to verify, from an external point of view, the related duration and values, identifying diferences between the predicted and actual amounts spent and evaluating the administration of such contracts regarding legislation. This analysis is based on a detailed survey of the relevant legislation as well as the verification of original contract terms and their addendums. As a result, we observed substantial differences in the amount spent on execution with respect to those predicted in the original contracts. Also, we identified the utilization of special justifications prescribed by law to sustain the extension of some contracts. Given these results, it is possible that IT outsourcing is not necessarily proved to be the best solution for the public sector problems regarding the lack of skilled personnel, which implies the need to assess the cost-benefit of maintaining these

  3. 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. PMID:27359009

  4. 46 CFR 327.8 - Court action.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Court action. 327.8 Section 327.8 Shipping MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION A-NATIONAL SHIPPING AUTHORITY SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION § 327.8 Court action. No seamen, having a claim specified in subsections (2) and (3)...

  5. 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)

    OpenAIRE

    Luz Helena Beltrán Gómez

    2011-01-01

    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 enfor...

  6. 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.

  7. 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…

  8. 31 CFR 501.742 - Secretary's designee's consideration of decisions by Administrative Law Judges.

    Science.gov (United States)

    2010-07-01

    ... 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: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY REPORTING, PROCEDURES AND...

  9. The Computer in Educational Decision Making. An Introduction and Guide for School Administrators.

    Science.gov (United States)

    Sanders, Susan; And Others

    This text provides educational administrators with a working knowledge of the problem-solving techniques of PERT (planning, evaluation, and review technique), Linear Programming, Queueing Theory, and Simulation. The text includes an introduction to decision-making and operations research, four chapters consisting of indepth explanations of each…

  10. 15 CFR 766.17 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Decision of the administrative law judge. 766.17 Section 766.17 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE EXPORT...

  11. 15 CFR 280.218 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Decision of the administrative law judge. 280.218 Section 280.218 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT OF COMMERCE ACCREDITATION...

  12. Circuits courts

    OpenAIRE

    Dubuisson-Quellier, Sophie

    2015-01-01

    Si la notion de circuit court est aujourd’hui largement reprise par les médias comme un phénomène assez typique de la fin du 20ème siècle, il convient de considérer que la vente directe est aussi ancienne que l’agriculture elle-même. Au tournant des années 2000, elle est surtout devenu un moyen, pour ceux qui la promeuvent de souligner que les distances tant géographiques qu’organisationnelles entre ceux qui produisent et ceux qui consomment sont devenus trop longues et doivent être raccourci...

  13. 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.

  14. Understanding the Federal Courts.

    Science.gov (United States)

    Administrative Office of the United States Courts, Washington, DC.

    This booklet discusses the workings of the federal courts and supports six law-related lesson plans. It is divided into the following sections: "The Constitution and the Federal Judiciary"; "The Federal Courts in American Government" ("The Federal Courts and Congress"; "The Federal Courts and the Executive Branch"; "The Federal Courts and the…

  15. The United States Supreme Court on Libel.

    Science.gov (United States)

    Minnick, Wayne C.

    1982-01-01

    Surveys key decisions on libel handed down by Supreme Court and the resulting distinctions between private persons and public officials/public figures. Also examines the distinction with respect to proof of defamation. Offers criticism of the Court's position and recommends a change in policy. (PD)

  16. Deformalisation of the energy-administrative third contestation complaint. Gleanings to the citiworks decisions of OLG Naumburg, BGH and EuGH; Entformalisierung der energieverwaltungsrechtlichen Drittanfechtungsbeschwerde. Nachlese zu den citiworks-Entscheidungen von OLG Naumburg, BGH und EuGH

    Energy Technology Data Exchange (ETDEWEB)

    Bien, Florian [Tuebingen Univ. (Germany). Lehrstuhl fuer Buergerliches, Handels- und Wirtschaftsrecht

    2009-10-15

    The decision of the Federal High Court (Karlsruhe, Federal Republic of Germany) according to citiworks supplies two important innovations regarding to the formalised testing of validity of third complaints in the energy administrative law. An extended interpretation of paragraph 75 sect. 2 EnWG (Energy Economy Act) results that the authorization for the complaint also is entitled to such third persons whose application for additional load was rejected by the regulation authority alone due to procedure-economic reasons. To that extent, the Federal High Court transfers the guiding principle being expressed for the fusion monitoring procedure in the popcorn resolution to the energy administrative law. Beyond this, the Federal High Court wants to do without the condition of the punctual application of a request of additional load in certain cases. This is the case if the third complaint leader could not obtain knowledge from the execution of the procedure. Independently of formal conditions, only thus third persons have the privilege of an authorization of complaint who can assert a violation in subjective-public third rights. Independently of the question of the subjectively public third rights in the EnWG, the practical problem remains that no insight into the procedure documents is granted to them due to missing additional loads. This makes an estimation of the risk of a judicial procedure more difficult.

  17. 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

  18. Traditional Land Rights before the Indonesian Constitutional Court - Comment

    OpenAIRE

    Simon Butt

    2014-01-01

    In early 2013, the Indonesian Constitutional Court handed down its decision in the Traditional Forest Community case. In what has been heralded as a landmark decision, the Court upheld, as constitutional rights, the traditional rights of indigenous communities over forest resources upon which they had long depended. After introducing the Court and discussing aspects of its decision-making in constitutional review cases, this article demonstrates that the Traditional Forest Community case is i...

  19. O princípio da capacidade contributiva na jurisprudência do Supremo Tribunal Federal The ability to pay principle in the decisions of the Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Leonel Cesarino Pessôa

    2009-06-01

    Full Text Available O objetivo deste trabalho é analisar a aplicação do princípio da capacidade contributiva pelo Supremo Tribunal Federal. A partir de uma pesquisa realizada no site do tribunal, foram verificadas setenta ocorrências das palavras-chave " capacidade contributiva" nos acórdãos da suprema corte brasileira até novembro de 2008. Para analisar as decisões, partiu-se dos trabalhos de alguns juristas italianos, em especial de Pietro Boria, que procuraram mostrar como, na itália, o princípio da capacidade contributiva foi aplicado tanto na proteção do interesse do contribuinte, como na proteção do interesse do fisco. Os acórdãos foram divididos em cinco grupos de acordo com o interesse protegido e a matéria envolvida. Concluiu-se que, no Brasil, ainda que, às vezes, o princípio tenha sido utilizado na proteção do interesse do contribuinte, foi quase sempre aplicado para a proteção do interesse do fisco.The objective of this paper is to analyze the application of the 'ability to pay' principle to decisions of the Brazilian Supreme Court. In research carried out on the court website, the term 'ability to pay' appeared 70 times in court decisions, until November, 2008. In order to analyze the decisions, I began with texts from Italian jurists, especially Pietro Boria, who sought to demonstrate that the ability to pay principle in Italy is applied both in the protection of taxpayer interests as well as the protection of the state. Decisions were divided into five groups, according to the interest protected and the subject involved. I concluded that, although some times the principle has been applied in the protection of the taxpayer interests, it was almost always applied in the protection of the state interests.

  20. Preparation and acceptance of administrative decisions in the reengineering of production processes of industrial enterprises

    OpenAIRE

    Usova, Hanna

    2013-01-01

    For the purpose to increase efficiency of industrial activity at the industrial enterprises the scientifically-methodical approach to preparation and acceptance of administrative decisions in the course of realization of reengineering of productions on the basis of a benchmarking and outsourcing is developed. Such approach allows to define concrete organizational actions at each stage of realization of the project of reengineering for efficient control maintenance.

  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. 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.

  3. 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

  4. 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.

  5. FROM THE NATIONAL COUNCIL FOR COMBATING DISCRIMINATION TO THE COURT OF JUSTICE OF EUROPEAN UNION – CASE C-81/12

    Directory of Open Access Journals (Sweden)

    CRISTIAN JURA

    2013-05-01

    Full Text Available The scope of this research is to present and analyze national and European, jurisdictional-administrative procedural issues, if courts are notified related to certain discriminatory statements. The starting point of the research consists in some statements made during a radio show. During the research, the following are analyzed: notification of the National Council for Combating Discrimination (CNCD, decision of the National Council for Combating Discrimination, challenge of the resolution of the National Council for Combating Discrimination at the Court of Appeal Bucharest, notification of the Court of Justice of European Union by the Court of Appeal Bucharest and the beginning of the procedures before the Court of Justice of the European Union. The scientific demarche has as objectives a better understanding of the mechanisms of operation of every institution involved in this process, as well as the chronology of the terms necessary to settle this case.

  6. STUDY ON METHODS OF SOLVING AN ADMINISTRATIVE APPEALS AGAINST TAX ACT

    OpenAIRE

    Valentina Ţugui

    2011-01-01

    Administrative appeal shows a particular utility is a filter in that procedure, and so loaded that release role of administrative courts. The decision that the complaint is resolved takes the form of an administrative act which has the legal nature of a unilateral administrative act (of authority) of individual. How to deal with a dispute will be illustrated from a real situation on the appeal against the decision to impose additional tax payment obligations established by the tax.

  7. Topical evolutions in atomic energy law. The Kruemmel reactor judgment of the BVerwG (Federal Administrative Court) of 21 August 1996. Proceedings of the lecture meeting organized by Institut fuer Berg- und Energierecht in Bochum, 30 January, 1997

    International Nuclear Information System (INIS)

    A concrete case, the judgment of the BVerwG (Federal Administrative Court), relating to the retrofitting of the Kruemmel reactor station, is discussed in the three papers presented to the meeting as a leading example showing the trend of evolution of atomic energy law. The papers assess this judgment from the angle of legal sciences, and in the context of the role of atomic energy and its uses in the framework of current energy technology and power industry and demands for power, well as with respect to growing ecologic awareness and policies. (CB)

  8. ESTIMATION OF LEVEL OF RISKS IN THE SYSTEM OF SUPPORT OF ADMINISTRATIVE DECISIONS FOR OPERATORS OF THE FORWARDING ENTERPRISES

    OpenAIRE

    Androsenko, V.

    2010-01-01

    The analysis and the description of the procedure of the estimation of the level of risks in the system of support of administrative decisions for operators of the forwarding enterprises on the basis of preliminary collected information is carried out.

  9. WHITHER ISLAMIC LEGAL REASONING? The Law and Judicial Reasoning of The Religious Courts

    OpenAIRE

    Ahmad Rofii

    2014-01-01

    The article analyses the judicial reasoning employed by the religious courts in giving decisions on inheritance, particularly since the promulgation of the 1991 Compilation of Islamic Law. It seeks to examine whether these courts use Islamic legal reasoning. This paper argues that the structure of the courts’ decisions is to be found in most Civil Law courts. It then offers three different approaches of reasoning employed by the religious courts in their decisions on inheritance: the use of t...

  10. 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.

  11. Social Science Evidence in Court Cases

    Science.gov (United States)

    Doyle, William E.

    1977-01-01

    Can social science data be used in judicial decision-making? Suggests that social science data is less important in judicial decision-making in the field of constitutional law than most persons think and considers the more controversial issue of whether courts should be considering cases which might require or produce social science evidence.…

  12. 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…

  13. The so-called concepts of law as a means of steering and control in the mutual relationship between legislation, administration and judiciary

    International Nuclear Information System (INIS)

    Erichsen discusses the problems which arise using indefinite concepts of law. After presenting the state of science and technology, especially in the light of the decision of the Federal Court of Administration, he focusses on the problem whether the administration has a prerogative of decision limiting judicial control. Finally he examines the question whether legislation is required to issue more precise laws. (IS)

  14. Improving Clinical Decisions on T2DM Patients Integrating Clinical, Administrative and Environmental Data.

    Science.gov (United States)

    Segagni, Daniele; Sacchi, Lucia; Dagliati, Arianna; Tibollo, Valentina; Leporati, Paola; De Cata, Pasqale; Chiovato, Luca; Bellazzi, Riccardo

    2015-01-01

    This work describes an integrated informatics system developed to collect and display clinically relevant data that can inform physicians and researchers about Type 2 Diabetes Mellitus (T2DM) patient clinical pathways and therapy adherence. The software we developed takes data coming from the electronic medical record (EMR) of the IRCCS Fondazione Maugeri (FSM) hospital of Pavia, Italy, and combines the data with administrative, pharmacy drugs (purchased from the local healthcare agency (ASL) of the Pavia area), and open environmental data of the same region. By using different use cases, we explain the importance of gathering and displaying the data types through a single informatics tool: the use of the tool as a calculator of risk factors and indicators to improve current detection of T2DM, a generator of clinical pathways and patients' behaviors from the point of view of the hospital care management, and a decision support tool for follow-up visits. The results of the performed data analysis report how the use of the dashboard displays meaningful clinical decisions in treating complex chronic diseases and might improve health outcomes. PMID:26262138

  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. Exploring the relation between evidence and decision-making A political-administrative approach to health impact assessment

    International Nuclear Information System (INIS)

    Like any policy-relevant research, HIA faces the risk of not being used by decisions-makers. This article addresses the questions: 'How do policy decisions come about?' and 'How does this affect HIA?' Current literature in political-administrative sciences identifies three ways for decision-making: rational, incremental and mixed model. These models define the relationship between the policy process at stake and the HIA. In incremental or mixed model decision-making, use of HIA evidence by policy-makers is heavily dependent on their values in the context, which may result in conceptual utilization or may extend to strategic utilization. In rational decision-making, HIA provides information independent from the context, which results in instrumental utilization. HIA practitioners need to optimise utilization and produce an appropriate HIA by mapping the policy process. They can do this by asking the questions 'What? How? Who? and What context? and by maintaining continuous communication with the decision-makers. An appropriate HIA is policy-, time- and place-specific: reflecting the decision-making of the policy at stake. Furthermore, HIA concerns two policy fields with two different contexts and, in some cases, two different decision-making models. The administrative requirements for an appropriate HIA need further exploration

  17. Internal and External Dialogue: A Method for Quality Court Management

    Directory of Open Access Journals (Sweden)

    Marie Hagsgård

    2008-10-01

    Full Text Available The aim of quality court work is to maintain or improve public trust in the court as a vital part of a democratic society. Public confidence in the judicial system is affected by a number of factors, including speedy and judicially correct decisions which are generally understandable and a good treatment of parties and witnesses before and during court proceedings. In order to uphold and enhance public trust, courts need to work systematically to improve the quality of court functioning. But questions remain regarding how to institute quality court management, and how to achieve positive results. Although court managers in Sweden have shown an interest in starting systematic quality work, they have found it difficult to find a method for such work and systematically achieving results.

  18. Nuclear fuel tax in court

    International Nuclear Information System (INIS)

    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.)

  19. 77 FR 73979 - Magnesium Metal From the Russian Federation: Notice of Reinstated Final Results of Administrative...

    Science.gov (United States)

    2012-12-12

    ... Russian Federation: Final Results of Antidumping Duty Administrative Review, 73 FR 52642 (September 10... period April 1, 2006, through March 31, 2007. See Final Results, 73 FR at 52643. The CIT remanded the... Administrative Review Pursuant to Court Decision, 76 FR 13355 (March 11, 2011). On July 27, 2012, the...

  20. 關於UDRP決定司法效力之研究 ― 以海峽兩岸法院裁判為中心 The Legal Position of UDRP Decision ― Focus on Chinese and Taiwanese Court Judgment

    Directory of Open Access Journals (Sweden)

    蔡志宏 Chih-Hong (Henry Tsai

    2012-06-01

    Full Text Available UDRP(Uniform Domain Name Dispute Resolution Policy)並非法律亦非條約,卻解決了成千上萬的域名糾紛,其司法效力如何,不但值得從學理上探討,也是司法實務所不可迴避的問題。本文乃先從學理邏輯上,論析UDRP 決定可能之不同效力模式,並從各國司法主權行使、UDRP 制定意旨及規定、當事人權利保障等各方面論證對於UDRP 決定不應賦予任何司法效力。繼而針對此問題,以海峽兩岸法院判決進行實證研究。研究結果發現中國大陸法院就此有較為統一之司法解釋,正確地指引法院處理域名爭議案件;臺灣法院對於此類案件及相類似之TWDRP(Taiwan Network Information Center Domain Name Dispute Resolution Policy)決定案件,則有較為分歧的見解。本文亦針對中國大陸之司法解釋及臺灣法院之不同見解,進行評析,並提出具體建議,除希望可以促進商標與域名衝突之法制,可以有更正向細緻的發展,也期待在兩岸乃至全球間能有一致性之處理。 UDRP (Uniform Domain Name Dispute Resolution Policy is neither national law nor international treaty. Even so, it solves hundreds of thousands domain name disputes. What is its legal position under the current law? It is a question worthy for the academic study and cannot be voided in the judicial practice. This article firstly discusses the different kinds of possible legal positions for UDRP decision, then argues that UDRP decision shall have no legal effect under the current law from the view of national judicial sovereignty, the legislative intent of UDRP, and party’s right. This article also makes an empirical study on Chinese and Taiwanese Court Judgments. In the study, this article finds that China has an uniform judicial explanation from the Supreme People’s Court that correctly guide the lower courts to deal with the UDRP decision. In the contrast, Taiwan has

  1. Seller Beware! An analysis of the implementation of As Is principle on Norwegian Saleform 93 under English law for sale and purchase of second-hand vessels: A case study of the Union Power decision and a subsequent English court decision, the Hirtenstein

    OpenAIRE

    Abdhipradhana, Adhiguna

    2015-01-01

    English law most likely is still and will continue to be prominent in the world of shipping. That is why an English court decision, especially one that is related to shipping, may be of significant importance to the world of the shipping industry and possibly having a great impact on the industry. Many times ships encounter multiple transfer of ownership between many parties. The most common ways for people to acquire a ship is by shipbuilding contracts (with shipyard as the seller and custom...

  2. Case law. Administrative decisions. National legislative and regulatory activities. International regulatory activities

    International Nuclear Information System (INIS)

    The different subjects are as follow: judgment on Konrad repository project (Germany), Measures for the dismantling of Barsebaeck (Sweden), amendment to the criminal code (Argentina), Australian nuclear science and technology organisation amendment act, commonwealth radioactive waste management legislation amendment (Australia), amendments to the radiation act and radiation decree (Finland), decree on securing financing for nuclear charges, decree licensing the construction of the basic nuclear installation Flamanville 3 comprising an EPR reactor (France), amendment to the act on preventive radiation protection, administrative provisions on the supervision of environmental radioactivity, ordinance on radioactive drugs, amendment to the ordinance on the treatment of foodstuffs with radiation, European agreement relating to the international transportation of dangerous goods by road, ordinance on the transportation of dangerous goods by road and rail, ordinance to amend the R.I.D. regulations, ordinance on the transportation of dangerous goods on the Rhine and Mosel rivers, amendments to the 1961 foreign trade act and to the 1993 foreign trade ordinance (Germany), regulations in the field of radiation protection (Iceland), decree on nuclear reactor licensing (Indonesia), carriage of dangerous goods by road act (Ireland), decree on emergency planning with regard to the transport of radioactive and fissile materials (Italy), covenant between the government and the Borssele operator concerning the life extension (Netherlands), consolidated edition of the 1965 radiation protection act (New Zealand), regulation on ionizing radiation sources (Poland), decision approving the structure and organisation of the romanian nuclear agency, amendment of the 2003 decision approving the internal rules of the national commission for the control of nuclear activities, amendment of the 2003 ordinance on the management of spent nuclear fuel and radioactive waste including final disposal

  3. Is there a binding link between decisions of the atomic energy authority and criminal law?

    International Nuclear Information System (INIS)

    The paper analyses the court decision on the Alkem case, which acquitted the Alkem plant operators of the charge of infringement of section 327 Penal Code, not for legal reasons, but for lack of evidence for some facts considered essential by the court. The paper discusses the charge and the judgment, the issue of justification in this case, and items such as preliminary consent by an authority, misuse of rights, objections based on criminal law, the dilution of the administrative (law) accessoriness. (RST)

  4. Judicial Splits: The Supreme Court's New Message for Education

    Science.gov (United States)

    La Noue, George R.

    2007-01-01

    When the Supreme Court pronounces on race and education it makes headlines. On 28 June 2007 the Supreme Court revealed its long-anticipated decisions on "Parents Involved in Community Schools v. Seattle School District No. 1 and "Meredith v. Jefferson County," proving that maneuvering the minefield of America's race relations is just as difficult…

  5. Group Dynamics: Toward a Study of the Administrative/Supervisory Leadership Role Within Group Decision-Making Processes.

    Science.gov (United States)

    McGowan, Francis, II

    Group processes are an integral part of the educational enterprise, but "effectiveness of group processes" does not necessarily follow from the simple act of group formation. The administrator has the responsibility of exercising effective group leadership. Group formation, group task functions or assignments, and decision-making processes are…

  6. Arrest Decisions as Precludes To? An Evaluation of Policy Related Research. Volume I: Administrative Summary and Training Script.

    Science.gov (United States)

    Neithercutt, M. G.; And Others

    The document is the first part of a study conducted to evaluate policy-related research on police arrest discretion as an alternative solution to arrest. It presents the administrative summary of the Arrest Decisions as Preludes To? (ADAPT) project and contains scripts intended for use by police departments as a staff training device. The…

  7. The mating dance in cleanup recoveries: How to court responsible parties and in what court to do it

    International Nuclear Information System (INIS)

    CERCLA is not the only grounds for recovery in environmental contamination cases. Common law and RCRA claims are attractive, especially when petroleum contamination is at issue. Attention is focused on the following: threshold decisions (litigate or negotiate); forum issues (federal or state court); claims in state court; and different types of damages and recovery

  8. The mating dance in cleanup recoveries: How to court responsible parties and in what court to do it

    Energy Technology Data Exchange (ETDEWEB)

    Meyer, G.A. [Parker, Milliken, Clark, O`Hara and Samuelian, Los Angeles, CA (United States)

    1996-12-31

    CERCLA is not the only grounds for recovery in environmental contamination cases. Common law and RCRA claims are attractive, especially when petroleum contamination is at issue. Attention is focused on the following: threshold decisions (litigate or negotiate); forum issues (federal or state court); claims in state court; and different types of damages and recovery.

  9. The mating dance in cleanup recoveries: How to court responsible parties and in what court to do it

    Energy Technology Data Exchange (ETDEWEB)

    Meyer, G.A. [Parker, Milliken, Clark, O`Hara and Samuelian, Los Angeles, CA (United States)

    1995-12-31

    This article discusses the legalities which pertain specifically to hazardous waste cleanup. Topics of discussion include the following: threshold decisions: litigate or negotiate; forum issues--Federal or state court; claims in state court; and different types of damages and recovery. CERCLA is not the only grounds for recovery in environmental contamination cases. Common law and RCRA are also attractive.

  10. International organizations before national courts

    CERN Document Server

    Reinisch, August

    2000-01-01

    This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject, making it indispensable for practitioners as well as academics in the field.

  11. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    common view 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 are traced by the use of original data over time from 1957 to 2014 as well...... as by means of three case studies; EU working time regulation, patients’ rights in cross border healthcare and posting of workers regulation. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach...

  12. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results...... 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...

  13. 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

  14. Contrasting the American College of Healthcare Executives' code of ethics with undergraduate health administration students' values and ethical decision choices.

    Science.gov (United States)

    Rubens, Arthur J; Wimberley, Edward T

    2004-01-01

    Although administrative ethics are imbedded into the code of ethics of the American College of Healthcare Executives (ACHE), understanding the values and ethical decision-making practices of health administration students can help shape content and curriculum for health administration programs in the future. The study surveyed a sample of undergraduate health administration students to examine their sense of honesty and ethical decision-making practices. The sampled students completed the Comparative Emphasis Scale, which measured the student's sense of honesty, fairness, and integrity, and 10 short cases of administrative ethical issues derived from the ACHE Code of Ethics. The findings from the study indicated that the health administrative students had moderate to high mean scores on the ethical scales measuring achievement (15.86), concern for others (17.82), fairness (17.67), and honesty (18.21). The students' overall mean score for the 10 ethical cases was 3.51 on a 5-point scale, with 1 indicating a low likelihood and 5 a high likelihood. Pearson's product-moment correlation coefficient showed a minimum relationship between results of the Comparative Emphasis Scale and responses to ethical decision-making cases, and it showed no significant relationship between race, gender, and class (freshman, sophomore, junior, or senior) of the students. The results of the study have indicated that the sampled undergraduate health administration students respond at a moderate to high ethical level to this standardized scale and cases involving ACHE administrative ethical issues. Future research should explore the relationship between select variables concerning employment history, industry, position, and demographics characteristics in people's ethical choices. PMID:15754857

  15. Hanau licenses voided by German state court

    International Nuclear Information System (INIS)

    On July 21, the Higher Administrative Court in the German state of Hesse declared illegal three of the first four partial construction licenses for the plutonium section of the Siemens fuel fabrication complex at Hanau. The licenses were issued in the late 1980s by the former Christian Democrat administration of Hesse, but final licensing of the plant - now 90 percent complete - has been held up by the Social Democrat/Green Party coalition government that is now in power. The court ruling came as a result of four cases, and a so-called urgent application, initiated by antinuclear groups in the area

  16. Higher Education Discrimination and the Courts.

    Science.gov (United States)

    VanderWaerdt, Lois

    1981-01-01

    In past cases involving sex or racial discrimination in faculty employment, the courts have imposed less stringent standards on institutions of higher education than on employers in industry or the professions. Recent decisions indicate that stricter judicial requirements are now being extended to colleges and universities. (Author/RW)

  17. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily; ugilt, rasmus

    2011-01-01

    –1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the......] Court must be governed by the decisions and acts of the political department of the Government to which this power was entrusted’ (Prize, p. 669). The precedent, which the Court thereby laid down, has since played out as an important leverage for the Bush government’s legal arguments in connection with...... American Constitution specifically allocates the power to declare war to Congress. The Court solved the dilemma by arguing that in cases where no war has been declared, the decision whether the country is in a state of war is ultimately ‘a question to be decided by him [the President], and [the Supreme...

  18. Related Services and the Supreme Court: A Family's Story.

    Science.gov (United States)

    Tatro, Mary

    1984-01-01

    The article describes the efforts of a woman in securing, through court litigation, clean intermittent catheterization as a related service for her child with spina bifida. Effects of the decision process on the mother, family, and child are noted. (CL)

  19. Supreme Court's New Term. Supreme Court Roundup.

    Science.gov (United States)

    Williams, Charles F.

    2002-01-01

    Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

  20. 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...

  1. A Context-based Prototype for decision making in database administration

    OpenAIRE

    Hassane TAHIR

    2015-01-01

    Decision Support Systems (DSS) have a great role in assisting decision makers in many organizations to identify and solve problems in order to make decisions. In the area of database management, many approaches have been used to automate procedures set for complex activities such as performance and database recovery. However, procedures need to be contextualized in order to take into account the permanent changing of technical and social contextual elements added in DBA (Database Administrato...

  2. Analisys of IT outsourcing contracts at the TCU (Federal Court of Accounts) and of the legislation that governs these contracts in the Brazilian Federal Public administration

    OpenAIRE

    Graziela Ferreira Guarda; Edgard Costa Oliveira; Rafael Timóteo de Sousa Júnior

    2015-01-01

    Information technology (IT) outsourcing has for a long time been a major trend in business and government. Accountability of IT outsourcing contracts in the public administration is recognized as an important factor contributing to government transparency and public services quality, given the legislation governing these contracts and the amount of related expenditures. Considering the trend towards open government data publishing, including data on outsourcing contracts, there is an interest...

  3. The risk to be tolerated and the limits of practical rationality - problems involved in nuclear licensing. - Are there prerogatives of the administration in decision-making. Fundamental criticism of the undefined legal concept in the law pertaining to plant licinsing

    International Nuclear Information System (INIS)

    This chapter discusses in detail the litigation and court decisions in nuclear energy matters, with particular attention being given to the scope and distinctness of juristic interpretations of vaguely defined legal concepts, and to the definition of the 'risk to be tolerated'. Especially the court decisions on the nuclear power plant licences for the installations at Wuergassen, Wyhl, Grafenrheinfeld and Kalkar are reviewed under the following aspects: How safe is safe enough - bursting resistance - risk prevention and practical rationality - limits of scientific research into risk probability - fundamental criticism to be raised against vaguely defined legal terms and concepts in the law governing the licensing of nuclear installations. (HSCH)

  4. 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...

  5. 29 CFR 2570.158 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... time as the administrative law judge may allow, each party may file with the administrative law judge, subject to the judge's discretion under 29 CFR 18.55, proposed findings of fact, conclusions of law, and... proceedings, this section shall apply instead of 29 CFR 18.57. (a) Proposed findings of fact, conclusions...

  6. 77 FR 53856 - Administrative Review of Certain Frozen Warmwater Shrimp From the People's Republic of China...

    Science.gov (United States)

    2012-09-04

    ..., and Intent to Revoke, in Part, of the Sixth Antidumping Duty Administrative Review, 77 FR 12801 (March... Review, 76 FR 17825 (March 31, 2011) (``Initiation'') for a list of these companies. \\4\\ See Preliminary... Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision, 76 FR...

  7. 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. PMID:23040509

  8. 22 CFR 1508.860 - What factors may influence the debarring official's decision?

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true What factors may influence the debarring official's decision? 1508.860 Section 1508.860 Foreign Relations AFRICAN DEVELOPMENT FOUNDATION... investigation and any court or administrative action. In determining the extent of cooperation, the...

  9. 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…

  10. How State Courts Have Responded to "Gertz" in Setting Standards of Fault.

    Science.gov (United States)

    McCarthy, William Osler

    1979-01-01

    A review of recent state court decisions in libel cases suggests that the law of defamation is in as much disarray as it was when the Supreme Court recognized the problem and tried to remedy it with its 1974 decision in "Gertz v. Robert Welch Inc." (GT)

  11. 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)

  12. 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.

  13. 76 FR 40352 - National Nuclear Security Administration; Amended Record of Decision: Site-Wide Environmental...

    Science.gov (United States)

    2011-07-08

    ... the potential impacts of these ] actions. Based on the LANL SWEIS and the Supplement Analysis, NNSA is... Associated With the Decision In the Supplement Analysis, NNSA analyzes potential impacts associated with... of potential impacts are comparable to those for similar activities analyzed in the LANL SWEIS...

  14. Decision of the German Federal Constitutional Court in proceedings instituted by the Land of Lower of Saxony, on the constitutionality of paragraph 2a, sub-para. 1(2) of paragraph 7 atomic energy act (AtG). Ruling as of 2 March 1999 (Az.: 2BvF 1/94)

    International Nuclear Information System (INIS)

    The legal question to be decided by the Federal Constitutional Court of Germany was whether a single ministry of the federal government can be vested, by way of a federal act, with the authority to issue general administrative regulations for implementation of the federal atomic energy act (AtG), to the governments of the federal Lands in matters where the Land governments act on behalf of the federal government, as e.g. in this case, concerning nuclear power plant licensing and radiation protection. The court ruling explains that the Constitution provides for exclusive rights of the federal government to issue general administrative regulations for the implementation of federal law. (orig./CB)

  15. 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.

  16. Deception Detection in Italian Court testimonies

    OpenAIRE

    Fornaciari, Tommaso

    2012-01-01

    Effective methods for evaluating the reliability of statements issued by witnesses and defendants in hearings would be extremely valuable to decision-making in Court and other legal settings. In recent years, methods relying on stylometric techniques have proven most successful for this task; but few such methods have been tested with language collected in real-life situations of high-stakes deception, and therefore their usefulness outside laboratory conditions still has to be properly asses...

  17. 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.

  18. Administrative Mind Reading: How to Talk When the Big Decision Depends on It.

    Science.gov (United States)

    Mamchur, Carolyn

    1988-01-01

    Understanding how others perceive our words and make sense of them is the mark of an expert communicator. Psychological type theory provides a lens through which administrators can see things from another's viewpoint and choose their words accordingly. Includes four references. (MLH)

  19. Data Driven Decision Making and the School Administrator: A Delphi Study Forecast

    Science.gov (United States)

    Pruitt, Cheryl Lynn

    2009-01-01

    Although the number of high-needs schools that are failing to achieve "Adequate Yearly Progress" (AYP) steadily increases, some are successfully increasing student achievement, staff productivity and collegiality. The purpose of this study was to use a three-round Delphi process to obtain the expert opinions of 10 administrators who moved their…

  20. Supreme Court Justices’ Economic Behaviour: A Multilevel Model Analysis

    OpenAIRE

    Skiple, Jon Kåre; Grendstad, Gunnar; Shaffer, William R. ; Waltenburg, Eric N.

    2016-01-01

    Supreme Court justices are overlooked, but important, national policy-making players who render final and consequential decisions in cases on economic conflicts. The research question asks what forces explain the decisional behaviour of Supreme Court justices in economic rights cases between a private and a public party. Theoretically, the decisional behaviour of an individual justice is a function of his or her notion as to what makes ‘good’ law, pursued in a cultural-collegial setting that ...

  1. Tennis courts in Prague

    Czech Academy of Sciences Publication Activity Database

    Svobodová, Markéta

    Prague: Prostor - architektura, interiér, design, 2012 - (Švácha, R.), s. 244-247 ISBN 978-80-87064-09-2 Institutional support: RVO:68378033 Keywords : tennis courts * Josef Kales * Jana Novotná Subject RIV: AL - Art, Architecture, Cultural Heritage

  2. 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…

  3. Kernkraftwerk Sued - the Wyhl decision of March 30, 1982/July 6, 1982

    International Nuclear Information System (INIS)

    This volume contains the complete Wyhl decision of the Higher Administrative Court of Baden-Wuerttemberg of March 30, 1982-X575/77, X578/77, X583/77 which cores 548 pages. According to the press release the complete decision has been delivered to the counsels of the parties to the lawsuit on July 7, 1983; on the appeal of the defendant Land and the attending Kernkraftwerk Sued GmbH the Higher Administrative Court has amended the decisions of the Administrative Court of Freiburg of March 14, 1977 and has rejected the actions of nine citizens against the first part construction permit. Moreover, the senate has sent to the parties to the lawsuit the decision of March 30, 1982, by which the value in dispute for these proceedings on appeal is fixed to DM 180,000. The time for the lodging of an appeal, which has been admitted by the senate in this process, begins with the delivery of the completely well-founded decision. Moreover, the volume contains a 10 pages summary of contents of the decision and a table of contents of the reasons for the decision. (orig./HSCH)

  4. Schaffer v. Weast: The Supreme Court on the Burden of Proof in Special Education Due Process Hearings

    Science.gov (United States)

    Yell, Mitchell Louis; Katsiyannis, Antonis; Ryan, Joseph B.; McDuffie, Kimberly A.

    2009-01-01

    In a recent decision by the U.S. Supreme Court, "Schaffer v. Weast," the high court ruled that the burden of persuasion in special education due process hearings should fall on the party that challenges a student's IEP. This Court ruling will change current practice across nearly half the United States. In this article, the authors review the…

  5. Corresponding control of the administration - procedural development and deadlocks

    International Nuclear Information System (INIS)

    The author proceeds from a decision of the Higher Administrative Court of Lueneburg of February 2, 1979 which limits the execution of a partial construction permit for a nuclear power plant to the extent that 'the approved plant components may and will only be used under certain conditions'. He critically reflects on the development of administrative legal protection. In principle, corresponding control of the administration leads to a latent change in the function of appeals aiming at cassation. As a rule, this is not against the law, since sect. 80 of the VwGO acknowledges 'individual interim regulations'. In this case it is a condition of a cancelling nature. The discussion of acknowledged and problematic cases of judicial decisions made under certain conditions is followed by the explanation that the Higher Administrative Court of Lueneburg has delegated the decision which is incumbent upon the Court to the Commission on Reactor Safety. Such a delegation of jurisdiction is contradictory to the constitutional postulate of Art. 19/IV and 91 of the Basic Law. (HSCH)

  6. Federal Constitutional Court decision of January 26, 1988 - 1 BvR 1561/82: Construction permit, preliminary decision of a specialized court, proviso of legality, information to the public, protective obligations of the legislator, subsidiary principle, constitutional complaint, provisional legal protection, interim storage

    International Nuclear Information System (INIS)

    The legislators obligation to protect the legal objects defined in Article 2, (2), 1 of the Constitution does not mean that private external interim storage facilities may be built only by an explicit permit by the legislator. The principle of the reservation of the law bunds the legislator to make all essential decisions in the area of exercising the constitutional rights. The licensing of interim storage of spent fuel elements by the legislator, however, follows from the fact that interim storage is a necessary consequence of the operation of nuclear power plants which is permitted by the legislator. (orig.)

  7. The administrative protection of local planning authorities against decisions on a higher level

    International Nuclear Information System (INIS)

    The author discusses governmental planning that influences local planning's scope of organization and limits local sovereinty which is established as a guarantee for local self-government. Those conflicts occurr in the case of country planning, various specific plans (such as road construction an tower and country planning, nature conservation and landscape planning), and planning permits (decisions to establish new plans according to civil air regulations and permits according to atomic law). Then the author describes the possibilities of legal protection in the case of an action for avoidance which he illustrates with some conflicting cases, laying special emphasis on the right of action of a community, and on the justification of the action for avoidance. (HSCH)

  8. Autism spectrum disorder: forensic issues and challenges for mental health professionals and courts.

    Science.gov (United States)

    Freckelton, Ian

    2013-09-01

    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 mental health professionals closely familiar with both the disorder and forensic exigencies to educate courts about the inner world of those with ASD. Highlighting areas of criminality that court decisions have dealt with, especially in relation to persons with Asperger's Disorder, as defined by DSM-IV, it calls for further research on the connection between ASD, on the one hand, and conduct, capacities and skills, on the other hand. It urges enhancement of awareness of the forensic repercussions of the disorder so that expert evidence can assist the courts more humanely and informedly to make criminal justice and other decisions. PMID:23925965

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

    OpenAIRE

    Wisnu Baroto; Muhadar; Said Karim; Mustafa Bola

    2015-01-01

    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 judic...

  10. Children and divorce: a study of Divorce Court supervision orders

    OpenAIRE

    Goode, Stephen

    1988-01-01

    This research study was of the making and administration of Divorce Court Supervision Orders. Although established in England and Wales in 1958, there has been no detailed examination of supervision in domestic proceedings. In the 1979 period, when the population was obtained, 6,935 Divorce Court Supervision Orders were made. This figure has reduced to approximately 5,000 in 1985, with a total of 26,50C) ongoing orders. The population consisted of 121 children in 62 family units. Supervisi...

  11. 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.

  12. 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-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 of the...... market, with an increasing positive impact of inefficiency as the territorial coverage of schedules increases. Finally, no significant impact is registered on paid premiums. Our analysis sheds light on a complex set of elements affecting the decisions of insurers in malpractice markets. The analysis...

  13. Hollingsworth v. Perry : Same-Sex Marriage, the Courts, and Social Reform

    OpenAIRE

    Flatmo, Endre Isachsen

    2014-01-01

    The history of same-sex marriage litigation has often been a story of courts making decisions in opposition to public opinion, which as a result has created powerful political backlash. George N. Rosenberg has argued that when courts try to create social reform without significant political and public support, they will create political backlash against the very issue they have ruled in favor of. William N. Eskridge proposes a different theory and concludes that courts have significantly adva...

  14. A Plea for Caution: Violent Video Games, the Supreme Court, and the Role of Science

    OpenAIRE

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

    2011-01-01

    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 revi...

  15. TOEING THE LINE (OR DOING A DELICATE DANCE?): THE COURTS AND THE CLINICIANS.

    Science.gov (United States)

    Ruck Keene, Alexander

    2016-01-01

    This comment responds to the comment by Jonathan Youngs in St George's Healthcare NHS Trust v P(1) entitled 'Can the courts force the doctor's hand?' Vol. 24, No. 1, pp. 99-111, doi: 10.1093/medlaw/fwv042. It clarifies an important factual error in that comment as to the nature of the order made by the court, and it provides further observations upon the respective role of courts and clinicians in cases involving medical treatment decisions. PMID:26851538

  16. 5 CFR 1604.9 - Court orders and legal processes.

    Science.gov (United States)

    2010-01-01

    ... described at 5 CFR part 1653, with the following exceptions: (a) Separate accounts. To qualify for... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Court orders and legal processes. 1604.9 Section 1604.9 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD UNIFORMED...

  17. The legalizative effect of nuclear permits valid in law in the context of substantial design modifications and licensing under atomic energy law. Also a review of the BVerwG court judgment of 21.8.1996, 11 C 9.95

    International Nuclear Information System (INIS)

    Although the Kruemmel judgment of the BVerwG (German Federal Administrative Court) is based in essence on the atomic energy law, it nevertheless contains a novel approach to solving the problem of the licensing requirement of substantial design modifications in compliance with section 7, sub-sec. 1 Atomic Energy Act in a way that is highly pragmatic and raises problems with respect to the legal status of existing operating licences. The key issue revealed by this judgment is of dogmatic nature for administrative law, questioning the legalizative effects of administrative acts. The author explains the subject matter in court and very specifically reviews the possible impact of the court decision on future practice. (orig./CB)

  18. REASON-GIVING IN COURT PRACTICE: THE EXAMPLE OF FRENCH IMMIGRATION LITIGATION

    Directory of Open Access Journals (Sweden)

    Mathilde Cohen, Columbia Law School-School of Law, Estados Unidos

    2012-11-01

    Full Text Available Abstract: This Article examines the thesis according to which the practice of giving reasons for decisions is a central element of liberal democracies. In this view, public institutions’ practice—and sometimes duty—to give reasons is required so that each individual may view the state as reasonable and therefore, according to deliberative democratic theory, legitimate. Does the giving of reasons in actual court practice achieve these goals?  Drawing on empirical research carried out in a French administrative court, this Article argues that, in practice, reason-giving often falls either short of democracy or beyond democracy. Reasons fall short of democracy in the first case because they are transformed from a device designed to “protect” citizens from arbitrariness into a professional norm intended to “protect” the judges themselves and perhaps further their career goals. In the second case, reasons go beyond democracy because judges’ ambitions are much greater than to merely provide petitioners with a ground for understanding and criticizing the decision: they aim at positively—and paternalistically in some instances—guiding people’s conduct.  The discussion proceeds by drawing attention to social aspects that are often neglected in theoretical discussions on reason-giving. A skeptical conclusion is suggested: one can rarely guarantee that any predetermined value will be achieved by the giving of reasons. The degree to which individuals are empowered by the reasons given to them is dependent on the way in which decision-givers envision their reason-giving activity, and this representation is itself conditioned by the social setting of the court. Keywords: Arbitrariness. Reason-giving. Judges. ��

  19. Extraterritorial Courts for Corporate Law

    OpenAIRE

    Henry Hansmann; Jens Dammann

    2005-01-01

    A central goal in devising a system of courts is to make judicial services easily accessible. As a consequence, justice is usually administered in a geographically decentralized fashion: trial courts are distributed across the territory in which the jurisdiction's law is applied. Corporate law, however, does not fit this pattern: courts are often located far away from the companies subject to their jurisdiction. In particular, Delaware law governs most publicly traded firms in the U.S., and i...

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

    OpenAIRE

    Sementsov Nikolay Yur’evich

    2013-01-01

    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 signific...

  1. 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.

  2. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

    breathed the breath of life into it? The usual answer is that crime fiction, in fact, was invented by Poe, but another counter-view is that China – at that point – had had a long narrative tradition for stories about crime and detection. The socalled gongan genre – court case fiction – was probably...... sinological sources introducing a revised introduction of crime fiction on the world’s literary scene. So to answer Doyle’s question about crime fiction before Poe: Crime fiction may have been in China....

  3. 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

  4. Tennis Courts: A Construction and Maintenance Manual.

    Science.gov (United States)

    United States Tennis Court & Track Builders Association.

    This manual addresses court design and planning; the construction process; court surface selection; accessories and amenities; indoor tennis court design and renovation; care and maintenance tips; and court repair, reconstruction, and renovation. General and membership information is provided on the U.S. Tennis Court and Track Builders Association…

  5. Subchronic administration of atomoxetine causes an enduring reduction in context-induced relapse to cocaine seeking without affecting impulsive decision making.

    Science.gov (United States)

    Broos, Nienke; Loonstra, Rhianne; van Mourik, Yvar; Schetters, Dustin; Schoffelmeer, Anton N M; Pattij, Tommy; De Vries, Taco J

    2015-07-01

    Previous work has established a robust relationship between impulsivity and addiction, and revealed that impulsive decision making predisposes the vulnerability to cocaine-seeking behavior in rats. An important next step is to assess whether elevated relapse vulnerability can be treated via the reduction of impulsive decision making. Therefore, this study explored whether subchronic atomoxetine treatment can reduce relapse vulnerability by reducing impulsive decision making. Rats were trained in the delayed reward task and were subjected to 3 weeks of cocaine self-administration. Following drug self-administration, animals were divided to different experimental groups and received the noradrenaline transporter inhibitor and attention-deficit/hyperactivity disorder drug atomoxetine or vehicle subchronically for 20 days. On days 1 and 10 after treatment cessation, a context-induced reinstatement test was performed. Throughout the entire experiment, changes in impulsive decision making were continuously monitored. Subchronic treatment with atomoxetine reduced context-induced reinstatement both 1 and 10 days after treatment cessation, only in animals receiving no extinction training. Interestingly, neither subchronic nor acute atomoxetine treatments affected impulsive decision making. Our data indicate that the enduring reduction in relapse sensitivity by atomoxetine occurred independent of a reduction in impulsive decision making. Nonetheless, repeated atomoxetine administration seems a promising pharmacotherapeutical strategy to prevent relapse to cocaine seeking in abstinent drug-dependent subjects. PMID:25056833

  6. "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 their child in a private school…

  7. Appeals Court Rejects Charge that NCAA Forced Women's Group Out of Business.

    Science.gov (United States)

    Fields, Cheryl M.

    1984-01-01

    A court decision rejecting the charge of the Association for Intercollegiate Athletics for Women (A.I.A.W.) that the National Collegiate Athletics Association forced it out of operation by engaging in anticompetitive actions to induce members to leave the A.I.A.W. is discussed, including excerpts of the court's opinion. (MSE)

  8. The Economy of Literacy: How the Supreme Court Stalled the Civil Rights Movement.

    Science.gov (United States)

    Prendergast, Catherine

    2002-01-01

    Analyzes three landmark Supreme Court cases in which the value of literacy and the reality of racial discrimination were contested. Concludes that there is an ideology in which the economy of literacy is regarded as white property and argues that these court decisions have stalled the civil rights movement. (Contains 59 references.) (SK)

  9. 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...

  10. 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。

  11. The Supreme Court and Vouchers.

    Science.gov (United States)

    Russo, Charles J.; Mawdsley, Ralph D.

    2002-01-01

    Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First Amendment.…

  12. 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…

  13. Viewpoint. Supreme Court on Spanking: Upholding Discipline or Abuse?

    Science.gov (United States)

    Zigler, Edward; Hunsinger, Susan

    1977-01-01

    This is an opinion paper opposing the Supreme Court decision upholding the constitutionality of corporal punishment in the schools. It is suggested that corporal punishment is a form of child abuse and that other forms of discipline should be used. (BD)

  14. 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.

  15. Creating an independent traditional court:A study of Jopadhola clan courts in Uganda

    OpenAIRE

    Owor, Maureen

    2012-01-01

    This article examines the contribution of clans ( kinship institutions) to the administration of justice within the context of standards set out in the African regional human rights instruments. Field work on the Jopadhola of Eastern Uganda is drawn upon, to explore how clans reproduce their notion of an independent court using an abridged legal doctrine of separation of powers, and partially mimicking lower level government and judicial features. The field work also shows how clans accommoda...

  16. 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…

  17. WHITHER ISLAMIC LEGAL REASONING? The Law and Judicial Reasoning of The Religious Courts

    Directory of Open Access Journals (Sweden)

    Ahmad Rofii

    2014-12-01

    Full Text Available The article analyses the judicial reasoning employed by the religious courts in giving decisions on inheritance, particularly since the promulgation of the 1991 Compilation of Islamic Law. It seeks to examine whether these courts use Islamic legal reasoning. This paper argues that the structure of the courts’ decisions is to be found in most Civil Law courts. It then offers three different approaches of reasoning employed by the religious courts in their decisions on inheritance: the use of the legislations particularly the Compilation as the sole source of deductive reasoning, the combination of the legislations and the Islamic sources which share the same implication, and the application of Islamic legal reasoning with the emphasis on the objectives of Islamic law (maqāsid al-sharī‘a which does not contradict the legislations. Although Islamic legal reasoning is employed, in most cases the decisions are simple and straightforward.

  18. 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

  19. How do defendants choose their trial court? Evidence for a heuristic processing account

    Directory of Open Access Journals (Sweden)

    Mandeep K. Dhami

    2013-09-01

    Full Text Available In jurisdictions with two or more tiers of criminal courts, some defendants can choose the type of trial court to be tried in. This may involve a trade-off between the probability of acquittal/conviction and the estimated severity of sentence if convicted. For instance, in England and Wales, the lower courts have a higher conviction rate but limited sentencing powers, whereas the higher courts have a higher acquittal rate but greater sentencing powers. We examined 255 offenders' choice of trial court type using a hypothetical scenario where innocence and guilt was manipulated. Participants' choices were better predicted by a lexicographic than utility maximization model. A greater proportion of ``guilty'' participants chose the lower court compared to their ``innocent'' counterparts, and estimated sentence length was more important to the former than latter group. The present findings provide further support for heuristic decision-making in the criminal justice domain, and have implications for legal policy-making.

  20. Do Irish courts and the European Court of Human Rights Have Achieved the Correct Balance Between Protection of the Rights of Individual Prisoners and Pragmatic Concerns Regarding the Proper Functioning of the Prison System.

    OpenAIRE

    Berski, Adrian

    2015-01-01

    Nowadays it is very hard to find the relevant balance between decisions of the Irish Courts and European Court of Human Rights (ECtHR), regarding the rights of individual prisoners and the proper functioning of the prison system. On one side, the main function of the courts is resolution dispute, apply the relative law and most importantly: protecting the law and human rights. On the other hand, court decisions have to be based on the relevant prison and justice systems that applies to each p...

  1. 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. PMID:12348324

  2. 28 CFR 50.20 - Participation by the United States in court-annexed arbitration.

    Science.gov (United States)

    2010-07-01

    ... authority under the Department's regulations and the directives of the litigation divisions. See 28 CFR part... court-annexed arbitration. 50.20 Section 50.20 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) STATEMENTS OF POLICY § 50.20 Participation by the United States in court-annexed arbitration....

  3. The right to privacy : the Supreme Court, the Constitution, and personal autonomy

    OpenAIRE

    2006-01-01

    This thesis analyzes a very controversial issue in American law, the right to privacy. Even though the U. S. Constitution does not explicitly mention a right to privacy, the Supreme Court has held that it contains such a right which protects personal autonomy in a range of personal decisions. The right to privacy was introduced by the Court in the case of Griswold v. Connecticut in 1965. Since then, in a line of Supreme Court rulings, it has been expanded to protect decisions regardin...

  4. Oregon Supreme Court Ruling Prohibits Hospital from Refusing a Sell Order.

    Science.gov (United States)

    Chien, Joseph; Mobbs, Karl E

    2016-03-01

    In a recent decision involving a capital murder case, Oregon State Hospital v. Butts, the Oregon Supreme Court conducted a mandamus hearing to ascertain whether Oregon State Hospital (OSH) had a legal duty to comply with a Sell order from a county trial court to provide antipsychotic medications to an incompetent defendant, despite its belief, as an institution, that medication was not clinically indicated. The case is reviewed and important implications, including the court's being granted the ability to circumvent the medical decision-making process, are discussed. PMID:26944751

  5. 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.

  6. 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.

  7. RELATIONSHIP BETWEEN INSTRUCTIONAL CHANGE AND THE EXTENT TO WHICH SCHOOL ADMINISTRATORS AND TEACHERS AGREE ON THE LOCATION OF RESPONSIBILITIES FOR ADMINISTRATIVE DECISIONS.

    Science.gov (United States)

    EYE, GLEN G.; AND OTHERS

    THIS STUDY WAS BASED ON THE THESIS THAT THE EXTENT OF CONGRUENCE AMONG TEACHERS, ADMINISTRATORS, AND SUPERVISORS WAS RELATED, IN A POSITIVE MANNER AT AN APPRECIABLE LEVEL OF SIGNIFICANCE, TO THE INCIDENCE OF PLANNING FOR INSTRUCTIONAL CHANGE AND TO THE EXTENT OF THE IMPLEMENTATION OF THIS PLANNING. TEACHERS, ADMINISTRATORS, AND SUPERVISORS (N…

  8. Compensation in Indian courts: Appropriate for environmental catastrophies

    International Nuclear Information System (INIS)

    Suppose Indian courts would have had to deal with claims for compensation by victims and their relatives after the December 3, 1984 tragedy at Bhopal. Indian jurisprudence has no experience with claims for compensation with respect to damages following environmental catastrophes. For that reason no empirical investigation of the decision making by courts is possible. We may however gain some insight in the way courts would operate by looking into related cases. Automobile accidents may eventually constitute such a substitute set of cases, since they usually stem from a catastrophic concurrence of circumstances. Using a data set comprising some 140 cases from the Indian jurisprudence we empirically investigated the courts' decision making. For that purpose a model of decision making was set up and tested econometrically. We found a strong tendency to systematic behaviour and a strict adherence to the principles of Common Law. We also found that judges consider the cultural setting of their country, since they incorporate convictions on the duties of parents towards children. Finally, as expected, the occurrence of death and the degree of injury have a highly statistically different impact upon the amount of compensation. (orig./PW)

  9. 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.

  10. Decisions of the atomic energy authority binding on penal law?

    International Nuclear Information System (INIS)

    The essay analyses the acquittal of the accused persons by the Landgericht Hanau in the so-called Alkem process. The author criticizes the considerations of the court to disregard in case the justifying effect of valid administrative permissions because of the abuse of rights. A criminal judge cannot ignore valid acts given by authorities which he considers to be against the law. As long as he does not identify them as invalid, he has to accept the administrative act until authorities abolish their decision. (KW)

  11. 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…

  12. 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....

  13. Corporation suit in administrative proceedings - BVerwG, NJW 1981, 362

    International Nuclear Information System (INIS)

    The above mentioned decisions show that the repeated demand for an admission of the corporation suit has not had much impact on jurisdiction. Still the courts are examining whether the rights of corporations taking action against the executive measures are being infringed by them or not. They do not seem to be willing to admit the enforcement of members' rights or of public interests by means of a corporation suit except in those cases that are already embodied in the law. The latest statement of the administrative courts prove that the administrative procedural law (still) in force does not accept any general law on the conduct of a case on behalf of associations for the protection of their members' rights (egoistic corporation suit), nor does it acknowledge the legitimacy of corporations to see against objective illegalities in official decisions with the intention of reducing deficiencies in the execution (altruistic corporation suit). (orig.)

  14. 20 CFR 410.670c - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... administrative level within the circuit would be appropriate. (3) The Administration publishes a notice in the... Section 410.670c Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL COAL MINE HEALTH AND SAFETY... involving the application of circuit court law. (a) The Administration will apply a holding in a...

  15. 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.

  16. 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

  17. Partial licensing under nuclear law and the fundamental right to live and be protected from personal injury. BVerfG, decision of 4 July 1996 - 1BvR 1272/91-Federal Constitutional Court of Germany (head notes of appealable decision)

    International Nuclear Information System (INIS)

    The appeal to the Federal Constitutional Court raised the question of whether the operation of the nuclear power plant at O. is based on appropriate licensing of operation within the purview of section 19, sub-section 3, sentence 2 No. 3 Atomgesetz (atomic energy act) and in addition represents an infringement of the fundamental right laid down in Art.2, para. 2 sentence 1 GG (German Constitution). The Federal Constitutional Court did not confirm an infringement of fundamental rights and decided that the existing, several part permits for operation of the nuclear power plant do not give reason for complaint based on the Constitution. (orig./CB)

  18. 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

  19. 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,…

  20. 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,…

  1. Court-ordered obstetrical interventions.

    Science.gov (United States)

    Kolder, V E; Gallagher, J; Parsons, M T

    1987-05-01

    In a national survey, we investigated the scope and circumstances of court-ordered obstetrical procedures in cases in which the women had refused therapy deemed necessary for the fetus. We also solicited the opinions of leading obstetricians regarding such cases. Court orders have been obtained for cesarean sections in 11 states, for hospital detentions in 2 states, and for intrauterine transfusions in 1 state. Among 21 cases in which court orders were sought, the orders were obtained in 86 percent; in 88 percent of those cases, the orders were received within six hours. Eighty-one percent of the women involved were black, Asian, or Hispanic, 44 percent were unmarried, and 24 percent did not speak English as their primary language. All the women were treated in a teaching-hospital clinic or were receiving public assistance. No important maternal morbidity or mortality was reported. Forty-six percent of the heads of fellowship programs in maternal-fetal medicine thought that women who refused medical advice and thereby endangered the life of the fetus should be detained. Forty-seven percent supported court orders for procedures such as intrauterine transfusions. We conclude from these data that court-ordered obstetrical procedures represent an important and growing problem that evokes sharply divided responses from faculty members in obstetrics. Such procedures are based on dubious legal grounds, and they may have far-reaching implications for obstetrical practice and maternal and infant health. PMID:3574370

  2. Development of administrative justice

    OpenAIRE

    Švancrová, Dominika

    2014-01-01

    Bachelor's Thesis deals with a development of administrative justice. The first part of the paper defines the term of administrative justice in general and then describes various types. The second part is focused on the history of administrative justice in our country. The third part describes the current legislation in the Czech Republic. The fourth section is entirely devoted to the Supreme Administrative Court. Define the function and organization at first and then there are analyzed speci...

  3. 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.

  4. European Court of Justice finds more possibilities for legal remedy of German environmental associations

    International Nuclear Information System (INIS)

    In its ruling of March 12, 2011, the European Court of Justice (ECJ) states that the limitation of legal remedies under German law applying to environmental associations seeking to claim violations of provisions protecting third parties is not in line with EU law. Under EU law, environmental associations may, because of potentially considerable environmental impacts, claim violation of substantive as well as procedural provisions by litigation even if the provision stemming from Union law and seeking to protect the environment 'protects only the interests of the public, not the interests of individuals.' The ECJ had to express an opinion on the reference by the Muenster Higher Court of Administration (OVG) of March 5, 2009 about the question whether German transposition in the Environmental Legal Remedy Act of 2006 is in keeping with Article 10a of the Environmental Impact Assessment Directive of 1985 as amended on March 26, 2003. The point was whether the project in question could give rise to considerable impairment of flora and fauna habitats in the vicinity of the site of a nuclear power plant in the meaning of the EU Habitat Directive. In summary, the ECJ finds that the provisions of the Environmental Legal Remedy Act are not in compliance with EU law. The concise decision by the ECJ relates to areas of fundamental importance in societal and government politics. As laid down in the 2003 Environmental Impact Assessment Directive, the right to bring action of environmental associations is asserted first. Transposition of the Environmental Impact Assessment Directive of 2003 in the Environmental Legal Remedy Act of 2006 had been the subject of several rulings of higher courts of administration and of critical scholarly debates about the legal remedies of environmental associations, expressing concern about the German transposition being in conformity with EU law. As far as German atomic energy law is concerned, it remains to be seen whether environmental

  5. 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…

  6. 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...... court interpreters are all state-authorized court interpreters and thus fully competent professionals.   The centrality of pragmatics in triadic speech events has been demonstrated by a number of studies (e.g. Berk-Seligson 2002, Hale 2004, Jacobsen 2002). Thus, conversational implicatures, which are a...... the implicatures.   This paper presents and discusses eight translation strategies which, at least in theory, are available to interpreters who are confronted by conversational implicature in the speech of primary participants. The paper also presents authentic examples of conversational implicatures...

  7. National Courts and EU Law

    DEFF Research Database (Denmark)

    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......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...... 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...

  8. 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

  9. 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......? 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...

  10. 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.

  11. 8 CFR 1003.37 - Decisions.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Decisions. 1003.37 Section 1003.37 Aliens... EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.37 Decisions. (a) A decision of the Immigration Judge may be rendered orally or in writing. If the decision is oral, it...

  12. Hate Speech and Hate Crimes: Campus Conduct Codes and Supreme Court Rulings.

    Science.gov (United States)

    Palmer, Carolyn J.; Penney, Sophie W.; Gehring, Donald D.; Neiger, Jan A.

    1997-01-01

    Assesses the use of language prohibiting hate crimes in campus conduct codes and determines whether such language unlawfully regulates speech, or behavior, or both. Examined senior student affairs officers' familiarity with two pertinent court decisions, along with the perceived applicability and use of the decisions in revising conduct codes.…

  13. Campus "Hate Speech" Codes in Doubt after High Court Rejects a City Ordinance.

    Science.gov (United States)

    Jaschik, Scott

    1992-01-01

    The U.S. Supreme Court decision that it is unconstitutional for public entities to ban specific kinds of "fighting words" without banning all such speech is discussed as it concerns institutions of higher education. It is viewed that the college campus, not the cities, is where this decision will be tested. (GLR)

  14. 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…

  15. Against Enforced Disappearance : The Political Detainees' Case Before the Nepal Supreme Court

    OpenAIRE

    Uprety, K.

    2008-01-01

    Enforced disappearances, for political reasons, are still a common practice in many countries. In many instances, courts have taken bold steps to deter State agencies from orchestrating and encouraging such acts through orders and decisions. In that vein, Nepal's Supreme Court, in 2007, breaking the long tradition of a conservative and passive approach to justice, issued a verdict of significant proportion which could have a long-lasting effect on the country's political governance, both from...

  16. 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...... investigation regarding one kind of interpreter modification in particular: additions. The investigation was undertaken for a doctoral thesis....

  17. Results with Open Court Reading.

    Science.gov (United States)

    McGraw-Hill Companies, New York, NY. Educational and Professional Publishing Group.

    This publication tells the stories of eight schools from around the nation that have used the Open Court Reading program, describing the history of the schools, the challenges they faced, and their attempts to meet those challenges. The schools are located in California, Florida, Texas, and New York. Each of the school stories includes a focus on…

  18. America's objections to the International Criminal Court

    OpenAIRE

    Smaw, Eric D.

    2004-01-01

    In what follows, I present a combination of philosophical and political perspectives on human rights and the establishment of an international criminal court. I present the United States’ pragmatic objections to establishing an international criminal court. Contrary to the United States’ pragmatic objections, I argue in favor of an international criminal court. Ultimately, I attempt to illustrate that the international criminal court will have protective measures designed to prevent political...

  19. 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....... form the basis for a claim for damages under EU law. Moreover, it may instigate the European Commission to institute infringement proceedings against the Member State in question. Finally, in some situations, a failure to make a preliminary reference may affect the validity of the Member State court...

  20. 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…

  1. 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 a...... 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 for it...

  2. State supreme court justices are more likely to reverse death penalty sentences when they are term limited

    OpenAIRE

    Hall, Melinda Gann

    2014-01-01

    In theory, state supreme court justices should be independent in their decision making, rather than representative of voters’ interests as is the case for legislators. But can state supreme court justices’ decisions on certain major issues, such as the death penalty, be influenced by whether or not they are concerned about reelection? Using data from more than 8,000 death penalty cases in the late 1990s, Melinda Gann Hall finds that electorally insecure justices are more likely to make popula...

  3. Can a structured electronic medical record with decision-making support improve nursing home quality? Healthcare administration through structured records

    OpenAIRE

    Krüger, Kjell

    2013-01-01

    Background: Nursing homes face challenges in the coming years due to the increased number of elderly. A new law in force from Jan 2012 (“Samhandlingsreformen”) places more responsibilities on the counties running the nursing homes. Quality will come under pressure, expectations of services will rise and clinical complexity will grow. New strategies are needed to meet this situation. Modern clinical information systems with decision-making support may be part of that. In additio...

  4. 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…

  5. Arthritis Quality Indicators for the Veterans Administration: Implications for Electronic Data Collection, Storage Format, Quality Assessment, and Clinical Decision Support

    OpenAIRE

    Williams, Carl A.; Mosley-Williams, Angelia D.; Overhage, J. Marc

    2007-01-01

    The Veterans Administration (VA) uses information technology and performance measures to improve quality and efficiency. The VA stores all patient data electronically. Manual quality assessment audits are performed every three months. They are time consuming and expensive. Automated reviews would be more efficient. But the patient records are neither sufficiently coded nor structured to allow for full machine interpretability.

  6. 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...

  7. Determining Quorum of Attendance and Decision Making in the General Meeting of Shareholders based on Court Stipulation Due to the Neglectful Absence of the Majority Foreign Shareholder in a joint Venture Company (A Foreign Capital Investment Analysis)

    OpenAIRE

    Ari Wahyudi Hertanto

    2012-01-01

    The General Meeting of Shareholders (GMS) is one of the company’s organs with the significant role of determining the business course and other issues related to corporate actions; as it is granted by law to the shareholders of the company. Any decision can be made in the GMS; such as determining the shareholders’ unanimous concurrence on the proposed meeting agenda or even if the results of the meeting are actually contrary to such agenda caused by dissenting among themselves. However, the G...

  8. 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.

  9. Determining Quorum of Attendance and Decision Making in the General Meeting of Shareholders based on Court Stipulation Due to the Neglectful Absence of the Majority Foreign Shareholder in a joint Venture Company (A Foreign Capital Investment Analysis

    Directory of Open Access Journals (Sweden)

    Ari Wahyudi Hertanto

    2012-09-01

    Full Text Available The General Meeting of Shareholders (GMS is one of the company’s organs with the significant role of determining the business course and other issues related to corporate actions; as it is granted by law to the shareholders of the company. Any decision can be made in the GMS; such as determining the shareholders’ unanimous concurrence on the proposed meeting agenda or even if the results of the meeting are actually contrary to such agenda caused by dissenting among themselves. However, the GMS can also pose certain obstacles in situations where one or more shareholders (that appear to be a majority shareholder fail to act in good faith or have an internal dispute with other shareholder(s in the company. The shareholder concerned can use such majority position to cause a dead-lock in the GMS, as a result of which the rest of the shareholder(s are unable to make any decisions concerning the proposed GMS agenda. The aim of this article is to look at the effectiveness of Article 86 of the Indonesian Company Law for the purpose of overcoming the above described situation. The said Article 86 was formulated without considering the possibility of shareholders intentionally undertaking such unlawful measures. Moreover, the article is aimed at observing the concordance between the Indonesian Company Law and the Indonesian Procedural Law.

  10. Criminal Courts of Justice, Dublin

    Directory of Open Access Journals (Sweden)

    Jonathan Tooth

    2012-04-01

    Full Text Available The newly completed Criminal Courts of Justice (CCJ at Parkgate Street in Dublin 8 is the largest courts project undertaken in the history of the Irish State. The design of the heating, ventilation and air conditioning (HVAC systems was based on computer simulated modelling of the build ing to determine the optimum plant selection and operation based on the contract conditions and energy targets. The report will analyse the computer simulated energy targets versus the actual energy consumption and assess the benefit of engineering solutions such as twin-skin facades and heat recovery based on real data. The report will draw conclusions on the real benefit of such systems with in the built environment. In addition to the energy targets, the report will discuss the commission ing processes involved in delivering the energy targets required and the importance of designing metering strategies to enable the data to be collected and analysed.

  11. 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.

  12. 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.

  13. Judicial Control over Public Administration

    OpenAIRE

    Fadil ZENDELI; Memet MEMETI; Agron RUSTEMI

    2012-01-01

    Judicial control of administration and installation of courts as specialized institutions for resolving administrative disputes (conflicts) strengthened legitimacy, efficiency and accountability of the administrative bodies and this contributed to strengthening the protection of human rights against administrative bodies. The paper attempts to address the administrative disputes (conflict) in general hence giving specific data for some European countries and USA. Access to thesis topic is ana...

  14. 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.

  15. Antiracism legislation in Brasil: approaching the application of the law in the Brazilian courts

    OpenAIRE

    Marta Rodriguez de Assis Machado; Natália Neris da Silva Santos; Carolina Cutrupi Ferreira

    2015-01-01

    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 diagnosi...

  16. The use of epidemiologic data in the courts.

    Science.gov (United States)

    Hoffman, R E

    1984-08-01

    It is difficult to make generalizations concerning the type of epidemiologic data currently preferred in the courts because trial judges' decisions are infrequently published, appellate judges' decisions are not always accompanied by an opinion, and there is often disparity between the opinions and standards of different courts. In this paper I have chosen cases either for their legal significance or their illustrative nature. The cases essentially represent numerator data, and therefore, I cannot determine definite trends in the courtroom use of epidemiologic data. When trying to determine if a causal relationship exists between an exposure and illness, epidemiologists attempt to examine the statistical strength, consistency, specificity, temporal sequence, dose-response characteristics, and biologic plausibility of the association. In contrast, a widely used legal standard of proof of association is "reasonable probability." However, the interpretation of "reasonable probability" is evolving. And just as epidemiologists may be pushed to the limit of their methods in trying to determine if and at what level a health risk exists, so the courts have had to forge new legal paths in considering whether epidemiologic evidence is sufficient to establish a causal relation between exposure to a substance and ill health. Furthermore, it is not certain what standard of significance the courts will require in the future. In 1975 in Reserve Mining Company vs. EPA, and Ethyl Corporation vs. EPA, the theoretical existence of risk was adequate to move the Appeals Courts to take precautionary action. But when considering a standard for safe levels of an occupational toxin, the Supreme Court has rejected a theoretical risk as significant (in Industrial Union vs. American Petroleum Institute) and instead, has required factual evidence of a dose-response relationship (as in American Textile Manufacturer's Institute vs. Donovan) because it did not want to extrapolate the risk of low

  17. Minnesota court overturns ban on Medicaid coverage for abortion.

    Science.gov (United States)

    1994-06-24

    Hennipin County District Court Judge William Posten issued a decision on June 16 striking down Minnesota's near ban on abortion coverage for low-income women. Ruling in Women of the State of Minnesota vs. Haas-Steffen, Judge Posten found that the state Constitution's rights of privacy and equality are more protective of women's reproductive choices than the corresponding federal rights. Holding that "the state's selective funding of childbirth over abortion impinges on an indigent woman's fundamental right to decide for herself whether to continue or terminate her pregnancy," the state district court permanently enjoined enforcement of the measure. Minnesota must now cover all medically necessary abortions for women receiving Medicaid. For more than 15 years, the statutes and regulations invalidated by Judge Posten have limited abortion coverage to cases of life endangerment or reported rape or incest. State officials have indicated that they will seek a stay and expedited review of Judge Posten's decision from the Minnesota Supreme Court. Filed on March 8, 1993, the Minnesota case is one of 5 such lawsuits brought by CRLP. Last December, in a similar case, the West Virginia Supreme Court struck down that state's ban on Medicaid coverage for abortions. Similar CRLP cases are still pending in Florida, Texas, and Montana. Plaintiffs--a class of Minnesota Medicaid-eligible women seeking abortions, Dr. Jane Hodgson, Pro-Choice Resources, Women's Health Center, Midwest Health Center for Women, and Meadowbrook Women's Clinic, on behalf of themselves and the women they serve--are represented by CRLP's Simon Heller, Janet Benshoof, and Lenora Lapidus, along with Minnesota attorney Linda Ojala. PMID:12345511

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

    Directory of Open Access Journals (Sweden)

    Ilya V. STRIZHAKOV

    2015-12-01

    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

  19. Law and Courts in Authoritarian Regimes

    OpenAIRE

    Moustafa, Tamir

    2014-01-01

    "Once regarded as mere pawns of their regimes, courts in authoraitarian states are now the subject of considerable attention within the field of comparative judicial politics.  New research examines the ways in which law and courts are deployed as instruments of governance, how they structure state-society contention, and the circumstances in which courts are transformed into sites of active resistance.  This new body of research constitutes an emergent field of inquiry, while simul...

  20. Court Interpreter: Lawyer, Psychiatrist, Director or Actor?

    OpenAIRE

    Nartowska, Karolina

    2014-01-01

    The significance of the interpreter's role in criminal proceedings is not only underlined by research-based approaches to interpreting, but also by provisions of international and European law. Yet there is not always a concurrent development of adequate training opportunities in court interpretation. The results of a field study conducted in a Viennese criminal court demonstrate that practising court interpreters face numerous challenges in their everyday professional life which they can man...

  1. The Right of Access to Court

    OpenAIRE

    Sokol Mëngjesi; Klodjan Skënderaj

    2015-01-01

    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 ...

  2. IMPORTANCE OF COURT PRACTICE REVIEW IN RUSSIAN ARBITRATION (COMMERCIAL) COURT PROCEEDINGS

    OpenAIRE

    Solovyev, A. (Andrey)

    2013-01-01

    The article concerns the matters of court practice review in terms of participation in arbitration (commercial) court proceedings. The author gives general description of the system of the arbitration courts administering business and economic justice in the Russian Federation, covered the key areas and worked out the practical recommendations concerning the focal points of arranging the appropriate work in respect of review of law enforcement practice of such courts.

  3. 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…

  4. Appeal to the Constitutional Court concerning participation of the TUeV (Technical Control Board) in a hearing

    International Nuclear Information System (INIS)

    The procedural provisions of the ordinance concerning the procedure for licensing nuclear installations (AtVfV) do not give the party raising a plea (Einwendung) the legal status to commence action referring to constitutional law. (Non-official headnote of a decision by the Federal Constitutional Court, BVG, 29.7.1988 - 1 BvR 1047/88). The constitutional complaint was raised against the rejection by an administrative court, of an urgent motion aiming at preventing further participation of the TUEV Bavaria as an expert, and of individual civil servants of the licensing authority, in the then current hearing concerning the licensing of the Wackersdorf reprocessing plant (2nd partial construction licence). Admissibility of the constitutional complaint by the party in question (a foreign public law entity) was considered possible without final examination, but the matter was dismissed due to lack of reasonable prospects of success, as Art. 19 para. 4, sentence 1 of the Basic Law in this case does not offer legal protection. (orig./RST)

  5. 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.

  6. Opening Pandora's Box: Texas Elementary Campus Administrators use of Educational Policy And Highly Qualified Classroom Teachers Professional Development through Data-informed Decisions for Science Education

    Science.gov (United States)

    Brown, Linda Lou

    Federal educational policy, No Child Left Behind Act of 2001, focused attention on America's education with conspicuous results. One aspect, highly qualified classroom teacher and principal (HQ), was taxing since states established individual accountability structures. The HQ impact and use of data-informed decision-making (DIDM) for Texas elementary science education monitoring by campus administrators, Campus Instruction Leader (CILs), provides crucial relationships to 5th grade students' learning and achievement. Forty years research determined improved student results when sustained, supported, and focused professional development (PD) for teachers is available. Using mixed methods research, this study applied quantitative and qualitative analysis from two, electronic, on-line surveys: Texas Elementary, Intermediate or Middle School Teacher Survey(c) and the Texas Elementary Campus Administrator Survey(c) with results from 22.3% Texas school districts representing 487 elementary campuses surveyed. Participants selected in random, stratified sampling of 5th grade teachers who attended local Texas Regional Collaboratives science professional development (PD) programs between 2003-2008. Survey information compared statistically to campus-level average passing rate scores on the 5th grade science TAKS using Statistical Process Software (SPSS). Written comments from both surveys analyzed with Qualitative Survey Research (NVivo) software. Due to the level of uncertainty of variables within a large statewide study, Mauchly's Test of Sphericity statistical test used to validate repeated measures factor ANOVAs. Although few individual results were statistically significant, when jointly analyzed, striking constructs were revealed regarding the impact of HQ policy applications and elementary CILs use of data-informed decisions on improving 5th grade students' achievement and teachers' PD learning science content. Some constructs included the use of data

  7. Physician assisted suicide and the Supreme Court: putting the constitutional claim to rest.

    Science.gov (United States)

    Mariner, W K

    1997-12-01

    Like the debate about many controversial questions of ethics and medical care in America, public debate about physician assisted suicide became focused on questions of constitutional law. On June 26, 1997, the United States Supreme Court unanimously rejected any constitutional right of terminally ill patients to physician assisted suicide. An analysis of the Court's reasoning reveals that its decisions resolved only a narrow constitutional question that affects relatively few people--mentally competent, terminally ill patients who wish to hasten their imminent deaths by having a physician prescribe medication that they intend to use to commit suicide. Although suicide is not a crime, states remain free to prohibit assisted suicide. One consequence of the Court's decisions may be renewed debate on state laws. A more productive result would be to address the broader public health concerns that gave rise to support for physician assisted suicide--inadequate care for the terminally ill and prevention of suicide. PMID:9431307

  8. Higher Administrative Court of Lueneburg, 7th division; decision of 23 January 1995 (ref. no. 7 M 7313/94) concerning Castor fuel element container; interim legal protection; intermediate storage of irradiated fuel elements

    International Nuclear Information System (INIS)

    A permit for the storage of irradiated fuel elements in a private intermediate store cannot be deemed irregular for the sole reason that it does not make each and any deviation from the loading and testing regulations concerning the loading of a transport container contingent on the prior consent of the supervising authority. (orig.)

  9. Aer Lingus Teoranta v. Labour Court, 26 February 1988.

    Science.gov (United States)

    1988-01-01

    The plaintiffs were airline hostesses who claimed that they had been discriminated against on the basis of sex by their employer. On appeal of a lower court decision, the High Court of Ireland held the following, among other things: 1) the plaintiffs could seek relief with respect to new acts of discrimination that are the direct result of an original act even if a complaint about the original act would be time-barred; 2) the Labour Court need not hold a preliminary hearing to decide whether a complaint is receivable before trying to settle the complaint or referring it to an equality officer for investigation; and 3) the plaintiffs had been subject to discrimination in 1) being forced to resign on marriage; 2) being refused permanent employment when other married women who married later were taken back into service; and 3) when taken back, being refused recognition for past service and experience in calculating seniority when other married women had been given full recognition. It ruled that, under the Employment Equality Act 1977, discrimination could occur with respect to the same sex on the basis of marital status. PMID:12289293

  10. The Temelin-Judgement of the European Court of Justice

    International Nuclear Information System (INIS)

    On 27 October 2009, the European Court of justice (E.C.J.) rendered its milestone decision in the so called Cez case which deals with the operation of the Temelin nuclear power plant in the Czech Republic. The nuclear power plant in Temelin has strongly strained the relationship between Austria and the Czech Republic throughout its history, involving not only local communities but also high level politicians, members of Parliament and European Union institutions. Against the background of this tense relationship, the case was brought before the E.C.J., whose judgment shall be analysed in this paper. (N.C.)

  11. Court Cases Involving Contracts for School Districts

    Science.gov (United States)

    Allen, L. Hank

    2011-01-01

    The purpose of this research was to analyze trends in the United States regarding contract disputes that exist in school districts. Court cases were identified at the state and federal level to determine the outcomes and the fact patterns of contract disputes. To gain the knowledge of how courts handle cases of contractual breach, contracts…

  12. The "Drug Court Strengthening Families" Program.

    Science.gov (United States)

    Logan, TK; Leukefeld, Carl; Minton, Lisa; Abrahmson, Joanie; Hughes, Rebecca

    2001-01-01

    Children of Drug Court clients are at high-risk for substance abuse and other risk factors. This paper summarizes the results of a program needs assessment, process evaluation, and outcome evaluation from the Kentucky Drug Court Strengthening Families Pilot Program. Results indicated overall positive changes for families in the program.…

  13. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    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...

  14. 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

  15. 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.

  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. 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

  18. Regional (District) Court Hanau, Judgement of November 12, 1987 (Alkem Ltd.)

    International Nuclear Information System (INIS)

    In its decision of November 12, 1987, the Regional Court Hanau ruled, that the managers of Alkem Ltd. are not punishable for illegal operating of a nuclear installation according to sec. 327 of the Criminal Code. The 'previous consents' (Vorabzustimmung) granted by the licensing authority are arguments of justification, although they were granted without the necessary legal basis. (WG)

  19. Dutch Supreme Court 2012: Virtual Theft Ruling a One-Off or First in a Series?

    NARCIS (Netherlands)

    Lodder, A.R.

    2013-01-01

    In January 2012 the Dutch Supreme Court decided that virtual objects and pre-paid accounts can be stolen. This paper examines the Supreme Court’s Runescape decision and discusses virtual theft. Virtual theft is legally interesting from various perspectives. First, the rules of Runescape do not allow

  20. The U.S. Supreme Court and the Politics of Vouchers

    Science.gov (United States)

    Fife, Brian L.

    2004-01-01

    On June 27, 2002, the U.S. Supreme Court's decision in "Zelman v. Simmons-Harris" was promulgated by the justices. The case involved the constitutionality of Ohio's Pilot Project Scholarship Program, which provides tuition aid for certain students in the Cleveland City School District to attend participating public or private (religious and…

  1. Codetermination in the enforcement of an administrative directive

    International Nuclear Information System (INIS)

    Federal Labour Court, decision of May 26, 1988 - 1 ABR 9/87. Lower instances: Karlsruhe Labour Court, October 15, 1985 - 4 BV 3/85; Baden-Wuerttemberg Regional Labour Court, November 24, 1986 - 12 Ta BV 6/86. On the basis of a right of codetermination, the works council may only claim an arrangement that could be decided upon by the employer alone outside the Works Constitution Act. In case the employer is obliged by an administrative act binding upon him, to take certain measures, the works council may not claim an arrangement deviating from this directive by referring to the right of codetermination. In the case under review, the public authority demanded that security controls be made on 5% of the ordinary personnel and the external personnel of the Karlsruhe reprocessing plant, WAK. The employer ordered these controls to be made, and the works council protested referring to the right of codetermination. The motion failed in all instances. (orig./HP)

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

    Science.gov (United States)

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

    2007-12-01

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

  3. The International Court of Justice and applied forms of reparation for international human rights and humanitarian law violations

    OpenAIRE

    Gentian Zyberi

    2011-01-01

    The International Court of Justice has contributed significantly to developing and interpreting different legal aspects concerning reparations which are due to states or individuals for internationally wrongful acts committed against them. This paper will analyze a number of decisions by this Court that provide for either state or individual reparations for violations of international human rights and humanitarian law. That analysis is structured according to the four types of reparations app...

  4. 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.

  5. Pursuing transparency through science courts

    International Nuclear Information System (INIS)

    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

  6. 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...

  7. 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

  8. The spectre of court-sanctioned sacrificial separation of teenage conjoined twins against their will.

    Science.gov (United States)

    Davis, Colleen

    2014-06-01

    In a recent decision of the Indian Supreme Court, judges foreshadowed authorising separation of teenage conjoined twins where both would die if not separated but where the operation could save only one. The absence of medical information advising separation precluded such a decision in the case at hand. However, the case raises a number of difficult legal and ethical questions that judges would have to consider before authorising sacrificial separation of these or other non-infant conjoined twins. PMID:25087373

  9. 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. PMID:12346170

  10. 行政决策失误法律责任追究的路径选择%Analysis on the path selection of legal responsibility of administrative decision-making failure

    Institute of Scientific and Technical Information of China (English)

    郭跃

    2012-01-01

    行政决策失误容易导致对相对人利益和公共利益的损害,为有效遏制决策失误频发的现象,必须建立有效的行政决策失误法律责任追究的路径,将行政决策失误纳入行政复议和行政诉讼调整范围在当前不仅是可能的也是必要的,并在此基础上建立相应的追究程序来保证责任追究的实现。%Administrative decision-making failure easily harms the relative interests and the public interest, in order to ef- fectively Contain the phenomenon of frequent administrative decision-making failure, we must establish effective path of legal responsibility of administrative decislon-making failure, it is not only possible but necessary to put administrative decision-mak- ing failure into the adjustment range of administrative reconsideration and Administrative proceedings,and on this basis to estab- lish the corresponding investigation procedure to ensure for the implementation of accountability.

  11. 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.

  12. Identifying Specific Learning Disabilities: Legislation, Regulation, and Court Decisions

    Science.gov (United States)

    Zumeta, Rebecca O.; Zirkel, Perry A.; Danielson, Louis

    2014-01-01

    Specific learning disability (SLD) identification and eligibility practices are evolving and sometimes contentious. This article describes the historical context and current status of the SLD definition, legislation, regulation, and case law related to the identification of students eligible for special education services. The first part traces…

  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. Court upholds $405,000 award against blood banking industry.

    Science.gov (United States)

    1995-06-30

    The New Jersey Superior Court has ruled that the American Association of Blood Banks (AABB), the nation's largest blood bank trade group, was negligent during the early 1980s when it recommended that blood banks not screen and test donors to reduce the chance of HIV contamination of the nation's blood supply. [Name removed], who received HIV-contaminated blood in 1984 as a result of a transfusion at St. Joseph's Hospital in Paterson, sued and reached out-of-court settlements with his doctors and the Bergen Community Blood Center, which provided the blood. Only the AABB suit proceeded to trial, with the jury finding that one-third of the damages were attributable to the AABB's actions. In 1983, the Centers for Disease Control and Prevention (CDC) suggested that blood banks might reduce the risk of AIDS entering the blood supply by using the surrogate hepatitis B test. The AABB, the American Red Cross, and the Council of Community Blood Centers recommended against testing, saying that evidence of transmission by blood was inconclusive and unproven. In March 1985, the AABB adopted the ELISA test. This is the first time the AABB has been held responsible; the AABB said it may appeal the decision. The court disagreed with AABB's claim that it was immune from liability because it was a charity, saying it also performs a critical governance function in respect of the operation of blood banks. The decision puts considerable liability for the U.S. cases of HIV contracted through tainted blood transfusions on the AABB. PMID:11362633

  15. The International Criminal Court on trial

    OpenAIRE

    Ainley, Kirsten

    2011-01-01

    This article assesses the structure and operation of the International Criminal Court by setting out a case for the defence of the Court, a case for its prosecution and a verdict. Defenders of the Court suggest it has had a positive impact because: it has accelerated moves away from politics and towards ethics in international relations; it goes a long way towards ending impunity; it is a significant improvement on the previous system of ad hoc tribunals; it has positive spill-over effects on...

  16. 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.”

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

    OpenAIRE

    Boris Krešić

    2014-01-01

    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 comp...

  18. CASE LAW ON THE CRIME OF TORTURE FROM COURTS OF APPEAL IN BRAZIL (2005-2010)

    OpenAIRE

    Maria Gorete Marques de Jesus; Mayara de Souza Gomes; Nathercia Cristina Manzano Magnani; Paula Rodrigues Ramos; Vivian Calderoni

    2016-01-01

    This paper presents the results from the research entitled Case law on the Crime of Torture from Courts of Appeal in Brazil (2005-2010), which collected data on the judgments of Brazilian appellate courts regarding lawsuits on the crime of torture. From this empirical material, it was possible to obtain information such as: the profile of the accused and the victim, the place of the torture, the purpose of the torture, the arguments that lead to the decision and the relationship between the d...

  19. Court of Milan holds video sharing platforms liable for copyright infringement

    OpenAIRE

    Bonadio, E.; Santo, M

    2012-01-01

    On January 2011 and May 2011 the Court of Milan released two interesting decisions in Reti Televisive Italiane S.p.A. v Italia On Line S.r.l. (published on 7 June 2011) and Reti Televisive Italiane S.p.A. v Yahoo! Italia S.r.l. and Yahoo! Inc. (published on 9 September 2011). The Court found that the Internet Service Providers Italia On Line and Yahoo! Italia are liable for copyright infringement in connection with the uploading of several videos on their platforms and cannot rely on the host...

  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. E-Filing Case Management Services in the US Federal Courts: The Next Generation: A Case Study

    OpenAIRE

    2015-01-01

    The U.S. Federal Courts Administrative Office of the U.S. Courts (AOUSC) was responsible for developing the Case Management/Electronic Case File system (legacy CM/ECF) originally implemented in 1996 to service the federal courts. The AOUSC is presently developing its 2nd generation service (NextGen). The IJCA carried an earlier narrative of CM/ECF’s evolution.  This second IJCA article describes the approach taken to define and develop that 2nd generation CM/ECF system. This article reviews t...

  2. Judicial accountability in the US State Courts
    Measuring court performance

    OpenAIRE

    Richard Y. Schauffler

    2007-01-01

    Current efforts at performance measurement in the state courts are described, situated in a global and historical context, using the framework of Pollitt and Bouckaert (2000). The structure of state courts in the US is described, with attention given to structural issues that affect implementation of performance measurement at the state and local levels. The history of prior attempts at court performance measurement is reviewed, along with current efforts in several states to implement perfor...

  3. [Veterinarians as experts in court].

    Science.gov (United States)

    Ort, J D

    2004-03-01

    General veterinarians such as veterinary officers act as experts at court. They are in so far part of the evidence. Due to his experience the veterinary expert shall give systematical uniform principles concerning even domains adjacent to the field of animal protection such as protection of animal epidemics and food cases, verifiable by science and university research. Examples for expert's topics as well as the requirements of expert reports are shown. According to paragraph 15 II Tierschutzgesetz (Animal Protection Act), as well as according to paragraph paragraph 63, 76 Ordnungswidrigkeitengesetz the experts participation in the proceeding is necessary. In consideration of paragraph paragraph 74, 22 Strafprozessordnung (Code of Criminal Proceedure) conflicts may arise because the veterinarian officer is self-contained investigator, witness as well as expert in the same proceeding. In general the veterinarian officer, who has been involved in the investigations must be excluded from expert activity in the same case. The veterinarian officers have to solve this problem by seperating tasks and functions within one legal case. PMID:15195954

  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

    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...... argued 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...

  6. Learning by Trial and Error: A Case for Moot Courts.

    Science.gov (United States)

    Carlson, J. Lon; Skaggs, Neil T.

    2000-01-01

    Discusses the use of active learning within economics focusing on moot courts. Explains how moot courts fit into economics and presents examples of how moot courts can be used within law and economics, history of economic thought, and environmental economics courses. Highlights student perceptions of moot courts. Includes a bibliography. (CMK)

  7. 32 CFR 935.61 - Wake Island Court.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Wake Island Court. 935.61 Section 935.61... REGULATIONS WAKE ISLAND CODE Judiciary § 935.61 Wake Island Court. (a) The trial judicial authority for Wake Island is vested in the Wake Island Court. (b) The Wake Island Court consists of one or more...

  8. 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.

  9. International Court of Justice on Potential Transboundary Damage and its Consequences in Nuclear Law

    International Nuclear Information System (INIS)

    On 4 May 2006, Argentina filed in the International Court of Justice ('ICJ') an application instituting proceedings against Uruguay. Argentina claimed that Uruguay, by authorizing the construction of a pulp mill (the 'CMB mill') and the construction and commissioning of another pulp mill (the 'Orion mill'), breached its obligations under the 1975 Statute of the River Uruguay, a treaty between Argentina and Uruguay, notably the obligation to take all necessary measures for the optimum and rational utilisation of the River Uruguay. On 20 April 2010,1 the court rendered its decision settling this environmental dispute between Argentina and Uruguay. This paper will first summarize the judgement and then consider the main contribution of this decision to international environmental law, e.g. the recognition of an international customary rule to conduct an environmental impact assessment. Finally, the potential consequences of the decision in nuclear law will be addressed in the last part

  10. Court Supervised Institutional Transformation in South Africa

    OpenAIRE

    Deon Erasmus; Angus Lloyd Hornigold

    2015-01-01

    The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties. A different model of litigation is emerging in South African law. This model involves actions against public institutions that are failing to comply with their constitutional mandate. In this type of litigation there is seldom a dispute regarding the eventu...

  11. Sociomateriality at the Royal Court of IS

    DEFF Research Database (Denmark)

    Kautz, Karlheinz; Jensen, Tina Blegind

    2013-01-01

    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...... the monologue, the jester uncovers some contradictions and limitations in and between the sovereigns'' writings and points to some possible resolutions....

  12. Employers liability to the international criminal court

    OpenAIRE

    Yenifer Yiseth Suárez Díaz

    2014-01-01

    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, ...

  13. 48 CFR 1604.7101 - Filing health benefit claims/court review of disputed claims.

    Science.gov (United States)

    2010-10-01

    ... ADMINISTRATIVE MATTERS Disputed Health Benefit Claims 1604.7101 Filing health benefit claims/court review of... at 5 CFR 890.105 and 890.107, respectively. The contract clause at 1652.204-72 of this chapter... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Filing health...

  14. 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".

  15. 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.

  16. The Hanau atomic energy laws. Nuclear fuel fabrication and the administrative law system

    International Nuclear Information System (INIS)

    The review concentrates on administrative law aspects in the discussion of problems relating to the licences and preliminary notices of approval issued for the Hanau nuclear industry. The authors deal with the licences granted in 1974 (according to sec. 9 Atomic Energy Act), with the extended licensing requirements of sec. 7 Atomic Energy Act as amended by the 3rd amendment (concerning fabrication and handling of nuclear fuels), and the criminal court proceedings examining the conduct of the Alkem management and senior officers of the Hessian Ministry of Economics. Specific aspects investigated in the review include continuation of existing operations in accordance with transitory provisions, replacement of existing by new installations, and preliminary notice of approval. The preliminary notices of approval given up to the date of December 31, 1977 are said to have been illegal and extinct at that date, but the court's decision to abstain from punishment is accepted. The authors outline some possibilities of giving more concrete shape to the judicial control by administrative courts. (RST)

  17. Decisions in licensing and plan approval procedures, investigated from the viewpoint of legal reservation

    International Nuclear Information System (INIS)

    Starting from the basic idea that also in the field of environmental law, (constitutional) system immanent problem solution is possible only after basic constitutional questions have been clarified, this study in hand is an attempt towards defining the constitutional approach for an adequate use of the various types of action of the executive in the procedures for approval and licensing of privately owned plant or equipment. The study goes into the problems encountered with the legal reservation with regard to licensing and plan approval decisions. The basic types of action of the executive are subdivided according to intent, i.e. assigned to the supervisory or the planning intents, and are examined for a possible scope of discretion opened up for the administration. The decisive question in this context is the scope of action that may be given to the administration by the legislation, and to what extent such 'freedom' will stand the acceptance test by the courts. (orig./HSCH)

  18. AASA: locating the central administration of a subsidiary company which is part of a group of companies under Article 60 of Brussels I Regulation

    OpenAIRE

    Okoli, Chukwuma

    2015-01-01

    There is no definition of the term “central administration” under Article 60(1)(b) of Brussels I; and Article 60 of Brussels I does not make specific provisions for locating the central administration of a subsidiary company within a corporate group. English Courts in Anglo American South Africa Limited after a re-evaluation of the correctness of previous decisions by English judges on the subject of Article 60(1)(b), provided an autonomous interpretation of central administration, and sought...

  19. 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

  20. Severely handicapped infants with life-threatening conditions: federal intrusions into the decision not to treat.

    Science.gov (United States)

    Huefner, D S

    1986-01-01

    In recent years the federal government has attempted to intervene in certain family-medical decisions to withhold treatment from seriously handicapped newborns with life-threatening conditions. Invoking section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against "otherwise qualified handicapped" individuals, the Reagan Administration promulgated regulations allowing federal government investigations of such decisions. Recently, the U.S. Supreme Court upheld lower court decisions invalidating these "Baby Doe" regulations. The federal government's fall-back position is reflected in the Child Abuse Prevention and Treatment Amendments of 1984, requiring states accepting funds under the Child Abuse Prevention and Treatment Act to establish and maintain procedures to assure that cases of medical neglect of handicapped infants are investigated by the states. Although the primary oversight of parental decision-making has been returned to the states where it has traditionally belonged, the federal government's definition of medical neglect of handicapped infants with life-threatening conditions is an ethically inadequate response to the complex needs of the handicapped child, the family, the medical profession, and society as a whole. After examining the relevance of Kantian, utilitarian, and Rawlsian ethical positions, the author contends that an effective governmental policy, capable of enforcement and acceptance by the public, must utilize the strengths of each philosophy and reflect the pragmatism of American society. PMID:2964778

  1. Court upholds murder conviction of HIV-positive rapist.

    Science.gov (United States)

    1995-11-01

    A Maryland Court of Special Appeals ruled in a 2-1 decision that a rapist who is HIV-positive could be found guilty of attempted murder. Inmate [name removed] [name removed] tested positive for HIV and was counseled not to engage in unprotected sexual intercourse. Following his release, he and an accomplice forced a woman at gunpoint to withdraw money from her automated teller machine and then attempted to rape her. No condom was used. The trial judge convicted [name removed] on a number of charges, including rape and attempted murder, and sentenced him to life in prison. [Name removed]'s public defender argued that [name removed] could not be convicted of these crimes simply because he placed the victim at risk for HIV. The Special Court of Appeals found that since [name removed] realized he could transmit a lethal virus by raping the woman without a condom, the trial judge was within the law when he inferred that [name removed] had intended the consequences of his actions. In dissent, Justice Bloom argued that the rape could be more readily interpreted as an act of wanton indifference as opposed to an attempted murder. PMID:11362859

  2. 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...

  3. 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.)

  4. European Court of Justice finds more possibilities for legal remedy of German environmental associations; Der Europaeische Gerichtshof stellt weite Klagemoeglichkeiten deutscher Umweltverbaende fest

    Energy Technology Data Exchange (ETDEWEB)

    Schneider, Horst

    2011-07-15

    In its ruling of March 12, 2011, the European Court of Justice (ECJ) states that the limitation of legal remedies under German law applying to environmental associations seeking to claim violations of provisions protecting third parties is not in line with EU law. Under EU law, environmental associations may, because of potentially considerable environmental impacts, claim violation of substantive as well as procedural provisions by litigation even if the provision stemming from Union law and seeking to protect the environment 'protects only the interests of the public, not the interests of individuals.' The ECJ had to express an opinion on the reference by the Muenster Higher Court of Administration (OVG) of March 5, 2009 about the question whether German transposition in the Environmental Legal Remedy Act of 2006 is in keeping with Article 10a of the Environmental Impact Assessment Directive of 1985 as amended on March 26, 2003. The point was whether the project in question could give rise to considerable impairment of flora and fauna habitats in the vicinity of the site of a nuclear power plant in the meaning of the EU Habitat Directive. In summary, the ECJ finds that the provisions of the Environmental Legal Remedy Act are not in compliance with EU law. The concise decision by the ECJ relates to areas of fundamental importance in societal and government politics. As laid down in the 2003 Environmental Impact Assessment Directive, the right to bring action of environmental associations is asserted first. Transposition of the Environmental Impact Assessment Directive of 2003 in the Environmental Legal Remedy Act of 2006 had been the subject of several rulings of higher courts of administration and of critical scholarly debates about the legal remedies of environmental associations, expressing concern about the German transposition being in conformity with EU law. As far as German atomic energy law is concerned, it remains to be seen whether

  5. 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.

  6. REDISAIN FAX COURT IN THE ENFORCEMENT FOR TAX LAW FRAMEWORK

    OpenAIRE

    Muhammad Djafar Saidi; Ruslan Hambali; Muchsin Salnia; Eka Merdekawati Djafar

    2013-01-01

    The research located at legal region of municipality of Jakarta, with considered that tax court include in ministry of finance of Indonesia republic and court of law of Indonesia republic are located in Jakarta. Tax court include in manistry of finance of Indonesia republik and court of law of Indonesia republic were expected to have relation to efforts in design the tax court in the enforcement of tax law framewark. The aim of the research are 1) to identify the position of tax court in Indo...

  7. [A brief history of Chinese royal court medicines].

    Science.gov (United States)

    Li, Chun-Sheng

    2010-09-01

    With the establishment of an emperor and a royal court, the court physician came into being and the royal court medicines gradually began to evolve. In the first year of Kai Huang of the Sui dynasty (581), King Wendi of the Sui dynasty established the imperial medical bureau. Since then the royal court medicines entered a period of development and prosperity. In the Yuan dynasty, the scope of official duty of the imperial hospital narrowed, the development of royal court medicines lacked new growth. To the Ming and Qing dynasties, the royal court medicine began to decline and eventually ended with the demise of the Qing dynasty. PMID:21163077

  8. ORGANIZATION OF PUBLIC ADMINISTRATION

    OpenAIRE

    Mrkša, Jožica

    2012-01-01

    In the thesis titled Organization of Public Administration I concentrated in the review of national and foreign literature. My decision for this topic is based on the personal interest and relevance of the topic in this particular period of time. The purpose of my work was to present the public administration in general, with focus in public administration of Slovenia. At first, the theoretical background of public administration is presented, with following topics addressed: public administr...

  9. The Court of the Bank of England

    OpenAIRE

    Footman, John

    2014-01-01

    The Court is the Bank’s Board of Directors. Its role has changed over the years as the Bank has evolved from a privately owned bank into a public institution, and especially over the past 20 years. In statute, Court’s task is to ‘manage the affairs of the Bank’. It sets the Bank’s strategy and budget and risk standards, and oversees internal controls through its Audit and Risk Committee. Court also monitors the processes and performance of the Bank’s key policy Committees — the Monetary Polic...

  10. Supranational courts as engines for regional integration? A comparative study of the Southern African Development Community Tribunal, the European Union Court of Justice, and the Andean Court of Justice

    OpenAIRE

    Fanenbruck, Christina; Meißner, Lenya

    2015-01-01

    This paper investigates the role of regional supranational courts in advancing integration within regional organizations by analyzing three courts. Over the course of the last decades the design of the European Court of Justice has been emulated by several other supranational courts, two of which are studied in this paper. The court of the Southern African Development Community (SADC), the SADC Tribunal (SADCT), as well as the court of the Andean Community (CAN), the Andean Court of Justice (...

  11. Requirements for operation of a transformer station generating electromagnetic fields. BVerfG, (German Fed. Const. Court), decision of 17. 2. 1997 - 1 BvR 1658/96; Anforderungen an den Betrieb einer elektromagnetische Felder erzeugenden Transformatorenstation. BVerfG, Beschluss vom 17. 2. 1997 - 1 BvR 1658/96 -

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    1998-04-01

    The Federal Constitutional Court had to decide whether an appeal against a permit issued for operation of a transformer station generating electromagnetic fields affecting the neighbouring area was to be accepted for review on the grounds that there is new scientific knowledge, although not completely verified, about maximum permissible effects which ought to be taken into account. The appeal was dismissed for insufficient general significance under constitutional law. The reasoning of the court is presented in full. (CB) [Deutsch] Das Verfassungsgericht hatte die Frage zu klaeren, ob die eingereichte Verfassungsbeschwerde gegen die Erlaubnis des Betriebs einer elektromagnetische Felder erzeugenden Anlage mit der u.a. vorgebrachten Begruendung, dass neue, wenn auch nicht wissenschaftlich verifizierte Grenzwerterkenntnisse beruecksichtigt werden muessen, zuzulassen sei. Die Beschwerde wurde abgewiesen, da keine rechtlichen Gruende von grundsaetzlicher verfassungsrechtlicher Bedeutung vorliegen. Die Begruendung des Gerichts wird vollstaendig wiedergegeben. (CB)

  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?

    International Nuclear Information System (INIS)

    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. The development of court rulings in wind power law; Entwicklung der Rechtsprechung im Windenergierecht

    Energy Technology Data Exchange (ETDEWEB)

    Krause, Lars (ed.); Gretzschel, Jan

    2006-07-01

    The book outlines the most common problems that may arise in the licensing procedures for wind power plants. Problem areas are defined and discussed on the basis of the relevant literature. Fundamental court decisions and their effects on licensing law are discussed in some detail. The key problems concerning the licensing of wind power plants are thus defined, and the basic principles developed by the judiciary to solve these problems are presented. (orig.)

  14. The United States and the International Criminal Court : An Identity Approach

    OpenAIRE

    Larnefeldt, Anna

    2004-01-01

    The aim of this thesis is to understand the reasons behind the decision of the United States to stand in opposition to the International Criminal Court. This policy seems to contradict the United States'leading role in international justice and commitment to universal human rights. The opposition to the ICC presents an apparent contradiction between principles and interests, and provokes the question of what role power, identity and principles play in the formation of national interest. The ...

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

    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.

  16. The growing rift between Africa and the International Criminal Court : The curious (im)possibility of a Security Council deferral

    NARCIS (Netherlands)

    Knottnerus, Abel; Lavranos, Nikos; Kok, Ruth

    2014-01-01

    Article 16 of the Rome Statute authorizes the United Nations Security Council to defer investigations and prosecutions of the International Criminal Court (ICC) for a renewable period of twelve months. In its decision of 12 October 2013, the Assembly of the African Union called upon the Security Cou

  17. The Enforceability of Illegal Employment Contracts according to the Labour Appeal Court Comments on Kylie v CCMA 2011 4 SA 383 (LAC)

    OpenAIRE

    KJ Selala

    2011-01-01

    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...

  18. 4 CFR 82.1 - Court subpoenas or requests.

    Science.gov (United States)

    2010-01-01

    ... JUDICIAL PROCEEDINGS § 82.1 Court subpoenas or requests. (a) A subpoena or request from a court for records... their identity as official records of the Government Accountability Office. They must not be marked...

  19. 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...

  20. 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.

  1. Design and Develop an Information system for Court Data in the Republic of Iraq by using SSRS Reports with SSAS Cubes

    OpenAIRE

    Ayad Mohammed Jabbar

    2015-01-01

    Multidimensional Online analytical processing (MOLAP) technology is considered a good tool to produce meaningful and quality results by using a multidimensional cube. The term “multidimensional cube” is used to refer to the multiple layers of data that are used to show the result. This result is identified by high-level management to increase the Iraqi court work and to improve its quality. The Iraqi court needs an analytical report to make a strategic decision on case date, case ...

  2. The Economics of Perception: Potential Effect regarding Institutional Uses of Recovered Facilities and Administrative Costs upon a Faculty Member's Decision to Engage in Sponsored Research Activity

    Science.gov (United States)

    Hatfield, Anne Elizabeth

    2012-01-01

    There is one aspect of sponsored research associated with higher education's research enterprise that often places the institution's research administrators and the institution's faculty members in conflict with each other; the recovery of Facilities and Administrative (F&A) costs associated with sponsored research projects (Sedwick, 2009;…

  3. IDEA Issues Getting Ear of High Court

    Science.gov (United States)

    Trotter, Andrew

    2006-01-01

    In this article, the author states that by granting review of the third case in two years involving the Individuals with Disabilities Education Act, the U.S. Supreme Court has signaled a renewed interest in resolving legal conflicts arising under the federal law that governs services provided to nearly 6.7 million school children in special…

  4. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

    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...

  5. 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

  6. Nuclear weapons and the World Court ruling

    International Nuclear Information System (INIS)

    based on the initiatives by non-governmental organizations, the World Health Organisation (WHO) Assembly asked the International Court of Justice for an advisory opinion in 1993 whether, considering the environmental and health consequences, the use of nuclear weapons by a state in war or other armed conflict would be a breach of its obligations under international law. The World Court decided that it was not able to give an advisory opinion as requested, because of the fact that questions of use of force and such like were beyond the scope of specialized agencies like the WHO. The Court has ruled that the international community, especially the five nuclear weapon states have not only an obligation to negotiate a treaty for total nuclear disarmament, but also have an obligation to conclude such treaty. We may expect that the nuclear weapon states will cynically disregard the ruling of the World Court as they have been doing to the basic obligation itself in pursuit of nuclear hegemony. But the remaining 150 countries or so also bear a responsibility to keep nudging the recalcitrant states into implementing their commitments to disarm

  7. 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…

  8. 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...

  9. The Sudanese Conflict: War Crimes and International Criminal Court

    OpenAIRE

    Chigora, Kudzaishe Marecha and Percyslage

    2011-01-01

    The International Criminal Court (ICC) was created to facilitate the prosecution of perpetrators of international humanitarian law something not within the jurisdiction of the International Court of Justice. As an international court, it was not restricted by head of state or diplomatic immunity. In March 2005, the United Nations Security Council under Chapter VII of the UN Charter adopted resolution 1593 which referred the situation in Darfur, Sudan to the International Criminal Court...

  10. Labor Courts, Nomination Bias, and Unemployment in Germany

    OpenAIRE

    Berger, Helge; Neugart, Michael

    2006-01-01

    Labor courts play an important role in determining the effective level of labor market regulation in Germany, but their application of law may not be even-handed. Based on a simple theoretical model and a new panel data set, we identify a nomination bias in labor court activity - that is, court activity varies systematically with the political leaning of the government that has appointed judges. In an extension, we find a significant positive relation between labor court activity and unemploy...

  11. A constellation of courts: the courts and households of Habsburg Europe, 1555-1665

    OpenAIRE

    Vermeir, René; Raeymaekers, Dries; Hortal Muñoz, José Eloy

    2014-01-01

    This volume focuses on the various Habsburg courts and households of the two branches of the dynasty that arose following the division of the territories originally held by Charles V. The authors trace the connections between these courtly communities regardless of their standing or composition, exposing the underlying network they formed. By cutting across the traditional division in the historiography between the Spanish and Austrian Habsburgs and also examining the roles played by the cour...

  12. The Caribbean court of justice: one court with two jurisdictions: a unique judicial institution?

    OpenAIRE

    Bernaz, Nadia

    2008-01-01

    The purpose of this paper is, after briefly presenting why, when and how the Caribbean Court of Justice was created, to specifically show how unique the institution is, by examining its distinctive characteristics. Exercising both an appellate and an original jurisdiction, the institution functions as a domestic final Court of appeal shared by several sovereign States (appellate jurisdiction) and an international tribunal designed to settle disputes between the same sovereign States and, more...

  13. The Permanent Court of International Justice and domestic courts: a variation in roles

    OpenAIRE

    Aspremont, d', J.; Tams, C.J.; Fitzmaurice, M.

    2013-01-01

    By virtue of other international adjudicatory bodies or the role of domestic courts, the Permanent Court of International Justice (hereafter PCIJ) was far from being entrusted of any sort of monopoly on the application of international law. It is fair to say that the PCIJ operated in a multi-judiciary world made of domestic and international judicial bodies equally dealing with questions of international law. In such a context, this paper examines some of the dynamics of the multi-judiciary w...

  14. 19 CFR 162.50 - Forfeiture by court decree: Disposition.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 2 2010-04-01 2010-04-01 false Forfeiture by court decree: Disposition. 162.50....50 Forfeiture by court decree: Disposition. (a) Sale. Forfeited property decreed by the court for... cleared for sale. (c) Destruction—(1) Proceeds of sale not sufficient. Property forfeited under a...

  15. Judicial Control over Public Administration

    Directory of Open Access Journals (Sweden)

    Fadil ZENDELI

    2012-08-01

    Full Text Available Judicial control of administration and installation of courts as specialized institutions for resolving administrative disputes (conflicts strengthened legitimacy, efficiency and accountability of the administrative bodies and this contributed to strengthening the protection of human rights against administrative bodies. The paper attempts to address the administrative disputes (conflict in general hence giving specific data for some European countries and USA. Access to thesis topic is analytical and contributes to the recognition of administrative disputes as legal and functional mechanism in building the rule of law. The paper will result with appropriate conclusions that reflect the work of institutions and administrative disputes (conflict itself as a legal instrument and will help the concerned parties, officials, judges, researchers for theoretical and practical importance of administrative disputes (conflict.

  16. 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.

  17. 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 .

  18. 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):

  19. Inside the Inner London Juvenile Court, c.1909-1953

    OpenAIRE

    Bradley, Kate

    2009-01-01

    This article considers the workings of an individual juvenile court – the branch of the Inner London Juvenile Court, which sat at Old Street from 1910 and Toynbee Hall from 1929. It examines the spatial environment of the juvenile court before using data sampled from the court registers between 1910 and 1950 to analyse the progress of children and young people through the court and the strategies used by the magistrates to deal with them. Finally, it looks at the social work backgrounds and c...

  20. Google Images German Federal Court Entscheidung vom 29.04.2010, I ZR 69/08 With an English Introduction

    OpenAIRE

    Zimbehl, Philipp

    2010-01-01

    The long-awaited verdict by the German Federal Court of Justice towards Google image search has drawn much attention to the problem of copyright infringement by search engines on the Internet. In the past years the question has arose whether the listing itself in a search engine like Google can be an infringement of copyright. The decision is widely seen as one of the most important of the last years. With significant amount of effort, the German Fede- ral Court tried to balance the interests...

  1. Les cours militaires russes : juridictions de droit commun, juridictions spécialisées ou juridictions d’exception ? [Russian Courts-Martial: Courts of General Jurisdiction, Specialised Courts or Extraordinary Courts?

    Directory of Open Access Journals (Sweden)

    Léonid Golovko

    2008-07-01

    Full Text Available According to the classical concept accepted in procedural doctrine of civil law countries, courts-martial, when they exist, are considered specialised or extraordinary courts, but never courts of general jurisdiction, even the criteria that distinguish specialised and extraordinary courts needs theoretical clarification. Beginning in 1992 the Russian military jurisdiction system, created in Soviet era and evolved from extraordinary to specialised justice, underwent several reforms, which reduced and even eliminated certain aspects of their specialisation. Thus the new law on courts-martial passed in 1999 was the culmination of this process: according to its surprising first Article, courts-martial are no longer considered specialised courts, but courts of general jurisdiction. However, the question arises that if courts-martial are considered courts of general jurisdiction, which is paradoxical enough, why does Russia need to preserve the system of courts-martial, if the latter have lost almost all their particularities? In other words, is there an internal rationale for the reforms of military justice in today’s Russia?

  2. 试分析当下电子政务对行政决策的影响%Analyze the Influence of the Present E-government to the Administrative Decision-Making

    Institute of Scientific and Technical Information of China (English)

    黄旭

    2015-01-01

    Along with the continuous development of social economy in China, The application of E-government has become more and more widely used, and the influence of e-government for administrative decision-making is becoming more and more far-reaching. E-government is a kind of deep reform of traditional government mode by using new modern network technology and information technology. Firstly an overview of e-government were briefly introduced, and the overview of administrative decision-making are described, finally effect of E-government on administrative decision-making of our country are put forward to comprehensively improve the overall level of China's e-government.%随着我国社会经济的不断持续发展,电子政务的运用已经被越来越广泛地使用,而电子政务对于行政决策的影响也越来越深远。电子政务是一场运用新的现代网络技术、信息技术为手段的对传统政务模式的一种深刻的变革。本文首先就电子政务的概述进行了简要的介绍,进而对行政决策的概述进行了阐述,最后针对于此,提出了电子政务对我国行政决策的影响,旨在全面提高我国电子政务的整体水平。

  3. 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

  4. Significant Labor Decisions--An Analysis

    Science.gov (United States)

    Polhemus, Graig E.

    1977-01-01

    Major labor cases decided during 1976 did not project a clear or simple path for further Constitutional and statutory interpretation, but the year's labor decisions did reveal a new willingness on the part of the U.S. Supreme Court to depart from earlier views of Constitutional law. (JT)

  5. European Court of Justice: Case Report

    OpenAIRE

    Vries, S.A. de

    2001-01-01

    Case C-379/98: PreussenElektra AG and Schleswag AG: Electricity - Renewable sources of energy - national legislation requiring electricity supply undertakings to purchase electricity at minimum prices and apporting the resulting costs between those undertakings and upstream network operators - State aid - Compatibility with the free movement of goods; Reference to the Court for a preliminary ruling on the interpretation of Articles 30 (now 28), 92 (now 87) and 93(3) (now 88(3)) of the EC Trea...

  6. Evidence-Based Medicine in judicial decisions concerning right to healthcare.

    Science.gov (United States)

    Dias, Eduardo Rocha; Silva Junior, Geraldo Bezerra da

    2016-03-01

    Objective To analyze, from the examination of decisions issued by Brazilian courts, how Evidence-Based Medicine was applied and if it led to well-founded decisions, searching the best scientific knowledge. Methods The decisions made by the Federal Courts were searched, with no time limits, at the website of the Federal Court Council, using the expression "Evidence-Based Medicine". With regard to decisions issued by the court of the State of São Paulo, the search was done at the webpage and applying the same terms and criterion as to time. Next, a qualitative analysis of the decisions was conducted for each action, to verify if the patient/plaintiff's situation, as well as the efficacy or inefficacy of treatments or drugs addressed in existing protocols were considered before the court granted the provision claimed by the plaintiff. Results In less than one-third of the decisions there was an appropriate discussion about efficacy of the procedure sought in court, in comparison to other procedures available in clinical guidelines adopted by the Brazilian Unified Health System (Sistema Único de Saúde) or by private health insurance plans, considering the individual situation. The majority of the decisions involved private health insurance plans (n=13, 68%). Conclusion The number of decisions that did consider scientific evidence and the peculiarities of each patient was a concern. Further discussion on Evidence-Based Medicine in judgments involving public healthcare are required. PMID:27074226

  7. Iowa trial court blocks parental notification law.

    Science.gov (United States)

    1997-01-31

    The US District Court for the Southern District of Iowa issued a preliminary injunction on January 22 that prohibits enforcement of that state's parental notification requirement for young women seeking abortions. Under the law, which was passed by the Iowa legislature in March 1996, one parent of a woman under the age of 18 must be notified at least 48 hours before the procedure (see RFN V/6). Alternatively, the young woman may seek a court waiver of the mandate. Judge Ronald Longstaff found that the women's health care providers challenging the law were likely to prevail in their claim that the statute presents an unconstitutional obstacle to young women's right to choose abortion. Affirming findings made in a temporary restraining order that prevented the law from taking effect earlier in the month, Judge Longstaff held that the law would put doctors who provide emergency abortions to young women at risk of liability, a possibility that could discourage physicians from providing abortion services (see RFN VI/1). The court also found that the judicial bypass laid out in the statute failed to sufficiently protect a young woman's confidentiality or guarantee an expeditious procedure. The plaintiffs in Planned Parenthood of Greater Iowa vs. Miller are represented by Dara Klassel and Roger Evans of the Planned Parenthood Federation of America, CRLP's Priscilla Smith and Michael Erdos, Mark Lambert of Planned Parenthood of Greater Iowa, and Randall Wilson of the Iowa Civil Liberties Union. PMID:12292101

  8. Problems arising in connection with the commissioning of experts in conflict-oriented implementation of nuclear law. The legal status of expert opinions in administrative procedures under the Atomic Energy Act

    International Nuclear Information System (INIS)

    Court decisions available so far do not primarily consider the problems linked to the commissioning of an expert and his mandate, as well as the legal status of the commissioning of an expert as an administrative act which might be legally contestable. Thus there are at present no court decisions that would create legal certainty in matters of the act of commissioning a nuclear expert opinion. The current legal situation is such that an independent order for commissioning of an expert opinion in compliance with section 19 III AtG (Atomic Energy Act), which in general is given in response to the refusal of the facility operator to do so, can be independently contested on the basis of section 44 a, sentence 2 VwGO (Rules of Administrative Courts). The current practice of conflict-oriented, or nuclear power phase-out-oriented, implementation of the nuclear law poses a threat to our constitutional state and to our democracy. The supply of energy as a common good is of essential importance and thus deserves fair and objective treatment free of emotions, including the matter of nuclear energy. In cases of nuclear licensing procedures meeting with impedimental treatment by a Land government favouring the nuclear power phase-out, this treatment however not fitting into the Land governments' overall political line, there is reason to call upon the Federal Government to take action for clarifying the situation. (orig./HP)

  9. Juridicial and political implications of the Kalkar decision

    International Nuclear Information System (INIS)

    The author investigates in how far the Kalkar decision of the German Federal Constitutional Court contains the dispositions for solving the aggravating crisis of acceptance and decision into which nuclear energy policy has fallen. With the Court withdrawing in favour of the political power of decision of both legislation and government the responsibility of these authorities for the further development of atomic law and for solving its juridicial and political problems becomes clear. Thus the duty of legislation of making sure as well as the juridicial realization required and the treatment of the problem of radioactive waste disposal are concerned in particular. (HSCH)

  10. 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…

  11. The Uses of E-mail as a Medium on the Contante Justitie Proceedings on the Courts in Indonesia

    Directory of Open Access Journals (Sweden)

    Yasser S. Wahab

    2015-10-01

    Full Text Available This research aims to know how the contante justitie principle may be applied into the enforced legislation in Indonesia, and to investigate the synergy of proceedings by means of e-mail in realizing contante justitie. The research employed in this paper is normative research, using both primary and secondary legal sources. Primary sources obtained from compiling relevant rules on the research concerned, in addition to secondary sources taken from books, court decisions, newspapers, internet materials and others relevant with the issue; that is to oversee the contradictions of humanist and mechanical processes when utilizing the internet e-mail for the court proceedings. The use of internet media e-mail in the correspondence process is expected to cut down the time, cost and potential instability. Thus strongly supports the realization of the principle of contante justitie in court proceedings more effectively and efficiently.

  12. 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. PMID:27099364

  13. 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. PMID:21454733

  14. 39 CFR 952.24 - Decisions.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Decisions. 952.24 Section 952.24 Postal Service... AND LOTTERY ORDERS § 952.24 Decisions. (a) Initial decision by Administrative Law Judge. A written initial decision shall be rendered by an Administrative Law Judge with all due speed. The initial...

  15. 39 CFR 964.15 - Decisions.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Decisions. 964.15 Section 964.15 Postal Service... DELIVERY PURSUANT TO 39 U.S.C. 3003, 3004 § 964.15 Decisions. (a) Initial decision by Administrative Law Judge. A written initial decision shall be rendered by an Administrative Law Judge with all due...

  16. Court Supervised Institutional Transformation in South Africa

    Directory of Open Access Journals (Sweden)

    Deon Erasmus

    2015-12-01

    Full Text Available The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties. A different model of litigation is emerging in South African law. This model involves actions against public institutions that are failing to comply with their constitutional mandate. In this type of litigation there is seldom a dispute regarding the eventual outcome that is desired. Both the applicant and the state, in its capacity of the respondent, have a broad consensus about the manner in which the institution should operate or be transformed. There is accordingly agreement regarding the eventual outcome and the shortcomings that should be addressed. The primary issue relates to the details of the implementation of the transformation of the institution in question, in order that the constitutional mandate of the institution in question will be met. An example of this form of litigation can be seen in litigation concerning the conditions in which prisoners are detained in South African prisons. The constitutional mandate for the imprisonment of offenders is contained in the Correctional Services Act. Ongoing human rights violations often take place in prisons. These include staff shortages, shortages of medical staff and facilities, prison overcrowding, inadequate staff development, the prevalence of HIV/AIDS, infrastructure defects and maintenance problems, gangsterism, requests for prisoner transfers and problems associated therewith, the ineffectiveness of parole boards, staff development needs that are not addressed, an excessive focus on security, lack of rehabilitation and vocational training programmes and assaults of prisoners. The courts have on occasion issued a structured interdict as an appropriate remedy. However, problems arise when violations are widespread and no single order can cause the

  17. 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.

  18. 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 with...

  19. 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

  20. Questions concerning constitutional law - Lander administration on behalf of the Federal Government

    International Nuclear Information System (INIS)

    The lecture gives a basic perspective of a reform of the Laender administration on behalf of the Federal Government and first covers its nature, purpose and structure with respect to the atomic energy administration after the latest decisions of the Federal Constitutional Court. There follows a section on the constitutional and administrative reality of the Laender administration on behalf of the Federal Government as applied to atomic energy law, in which three conflict cases are pointed out. The last section gives an appraisal from the points of view of loyalty in execution, instruments of control (general administrative regulations - single directives - general directives), scope of the Laender administration on behalf of the Federal Government. It is determined whether the situations envisaged by the norms coincide with reality, where there are deficits and how they can be ameliorated by reform. As the Laender administration on behalf of the Federal Government is shaped on constitutional law it is only periphally accessible to an amendment of atomic energy law through normal legislation. (HSCH)