WorldWideScience

Sample records for administrative court decisions

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

    Directory of Open Access Journals (Sweden)

    Bosiljka Britvić Vetma

    2015-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Erlir Puto

    2016-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Xhemazie Ibraimi

    2016-07-01

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

  4. 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...

  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 th...

  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. 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

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

    Directory of Open Access Journals (Sweden)

    William Arnold

    2014-12-01

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

  9. 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.)

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

    Science.gov (United States)

    2010-04-21

    ... Metal from Brazil: Notice of Final Results of Antidumping Duty Administrative Review, 64 FR 6305... International Trade Administration Silicon Metal from Brazil: Amended Final Results of Administrative Review... Commerce (``the Department'') regarding the administrative review of the antidumping duty order on...

  11. 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)

  12. 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)

  13. 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)

  14. 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.

  15. 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)

  16. 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)

  17. 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.

  18. 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.

  19. 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)

  20. Procedural Justice in Dutch Administrative Court Proceedings

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    André Verburg

    2014-11-01

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

  1. 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

    ... Forest Furniture Co., Ltd. Shenzhen Jiafa High Grade Furniture Co., Ltd., or Golden Lion International... International Trade Administration Wooden Bedroom Furniture From the People's Republic of China: Corrected... Pursuant to Court Decision AGENCY: Import Administration, International Trade Administration, Department...

  2. 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)

  3. 38 CFR 3.214 - Court decisions; unremarried surviving spouses.

    Science.gov (United States)

    2010-07-01

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

  4. 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)

  5. 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.)

  6. 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

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

    Science.gov (United States)

    Levenstein, Aaron, E.

    1980-01-01

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

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

    Science.gov (United States)

    Flanagan, Dennis

    2002-01-01

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

  9. The Law and Practice of Administrative Courts in Ethiopia: The Case of Addis Ababa City Administrative Tribunal

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    Abate Ayana

    2011-04-01

    Full Text Available Addis Ababa city administration established an administrative tribunal based on proclamation No. 6/2008. Thus, the city administrative tribunal would revise administrative measures taken by the concerned city offices. In other words, it hears and decides on appeals which are brought to it by the civil servants. The study which adopted the survey research design mainly through personal interview with court administrators revealed that the city administrative tribunal has performed its function in proper manner and base on the laws. Besides, it is observed that in rendering decision the tribunal carefully followed the laid down procedures. Speedy trial was also one quality of the administrative tribunal. It was therefore concluded that the administrative tribunal operated in a legal and procedural sound manner. Nevertheless, for enhanced productivity, professional trainings for the staff of Addis Ababa City Administrative Tribunal in particular and Administrative Courts in Ethiopia in general should be taken seriously.

  10. 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.)

  11. 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.)

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

    Science.gov (United States)

    Zirkel, Perry A.

    2016-01-01

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

  13. 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...

  14. 76 FR 48122 - Certain Pasta From Italy: Notice of Court Decision Not in Harmony With Final Results of...

    Science.gov (United States)

    2011-08-08

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

  15. 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…

  16. 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...

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

    OpenAIRE

    Lydia Anita Miljan

    2014-01-01

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

  18. 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)

  19. 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,...

  20. 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)

  1. 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...

  2. 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...

  3. 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

    ... 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 Brazil... of OJ from Brazil covering the POR of March 1, 2008, through February 28, 2009. See Certain...

  4. 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...

  5. 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...

  6. 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)

  7. 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...

  8. 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...

  9. 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

  10. 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.

  11. 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.

  12. 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 ...

  13. 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...

  14. 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.

  15. 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...

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

    Science.gov (United States)

    1997-10-31

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

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

    Science.gov (United States)

    Relano, Eugenia

    2010-01-01

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

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

    Science.gov (United States)

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

    2016-01-01

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

  19. 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.

  20. The Law and Practice of Administrative Courts in Ethiopia: The Case of Addis Ababa City Administrative Tribunal

    OpenAIRE

    Abate Ayana

    2011-01-01

    Addis Ababa city administration established an administrative tribunal based on proclamation No. 6/2008. Thus, the city administrative tribunal would revise administrative measures taken by the concerned city offices. In other words, it hears and decides on appeals which are brought to it by the civil servants. The study which adopted the survey research design mainly through personal interview with court administrators revealed that the city administrative tribunal has performed its function...

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

    Science.gov (United States)

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

    2011-11-01

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

  2. 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...

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

    Science.gov (United States)

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

  4. 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...

  5. 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

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

    Science.gov (United States)

    Stover, Carla Smith

    2013-01-01

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

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

    Science.gov (United States)

    Steinberg, Laurence

    2013-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Ernst Jacobus Marais

    2016-08-01

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

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

    Science.gov (United States)

    Perkins, Jane

    2013-03-01

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

  10. 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...

  11. 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...

  12. 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....

  13. 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....

  14. 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

  15. 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 ...

  16. 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…

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

    Science.gov (United States)

    Thro, William E.

    2009-01-01

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

  18. Differentiated Jurisprudence? Examining Students' Fourth Amendment Court Decisions by Region of Country

    Science.gov (United States)

    Torres, Mario S., Jr.

    2012-01-01

    This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly transmit…

  19. 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)

  20. 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)

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

    Science.gov (United States)

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

  2. 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. …

  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. 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

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

    Science.gov (United States)

    Robertson, L S

    1981-07-01

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

  6. 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...

  7. 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...

  8. 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.

  9. 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

  10. 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…

  11. 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...

  12. 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...

  13. 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

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

    Directory of Open Access Journals (Sweden)

    Kevin G. Welner

    2000-07-01

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

  15. 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

  16. 42 CFR 405.1140 - MAC review of ALJ decision in a case remanded by a Federal district court.

    Science.gov (United States)

    2010-10-01

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

  17. 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)

  18. 42 CFR 423.2140 - MAC Review of ALJ decision in a case remanded by a Federal District Court.

    Science.gov (United States)

    2010-10-01

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

  19. 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...

  20. 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,…

  1. 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

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

    Directory of Open Access Journals (Sweden)

    Rafael Nieto Navia

    2010-05-01

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

  3. 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...

  4. 76 FR 69705 - Certain Activated Carbon From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2011-11-09

    ... Activated Carbon From the People's Republic of China: Final Results, 74 FR 57995 (November 10, 2009... International Trade Administration Certain Activated Carbon From the People's Republic of China: Notice of Court... the administrative review of the antidumping duty order on certain activated carbon from the...

  5. 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.)

  6. 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'')....

  7. 13 CFR 134.404 - Decision by Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

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

  8. 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...

  9. 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.

  10. 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…

  11. 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....

  12. 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.

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

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

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

  14. 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

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

    Science.gov (United States)

    Moncrieff, Abigail R

    2012-09-01

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

  16. 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...

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

    Directory of Open Access Journals (Sweden)

    Paola Iliana De la Rosa Rodríguez

    2016-06-01

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

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

    Science.gov (United States)

    Zirkel, Perry A.

    2013-01-01

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

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

    Science.gov (United States)

    Poulter, Susan

    2000-03-01

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

  20. 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...

  1. 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

  2. 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

    ...; and (2) further explain the Department's determination to use the surrogate financial ratios for... 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...

  3. 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)....

  4. 42 CFR 422.694 - Effect of Administrator's decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Effect of Administrator's decision. 422.694 Section 422.694 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM MEDICARE ADVANTAGE PROGRAM Medicare Contract Determinations...

  5. 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.

  6. 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

  7. 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)

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

    Science.gov (United States)

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

    2013-01-01

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

  9. 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.)

  10. 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…

  11. 75 FR 59689 - Certain Hot-Rolled Carbon Steel Flat Products From India: Notice of Court Decision Not in Harmony...

    Science.gov (United States)

    2010-09-28

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

  12. 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.

  13. 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

  14. 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.

  15. 20 CFR 901.49 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... the decision upon motion of the Joint Board, the decision of the Administrative Law Judge shall without further proceedings become the decision of the Joint Board 30 days from the date of the... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Decision of the Administrative Law Judge....

  16. 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...

  17. 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...

  18. 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

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

    Directory of Open Access Journals (Sweden)

    Harvey Graham Hudspeth

    2000-01-01

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

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. 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...

  5. 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...

  6. 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...

  7. 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...

  8. 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....

  9. 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....

  10. 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...

  11. 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....

  12. 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....

  13. 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....

  14. 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

  15. 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.

  16. Some considerations of authority of the courts

    Directory of Open Access Journals (Sweden)

    Žaklina Harašić

    2015-06-01

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

  17. 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.

  18. 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.

  19. 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...

  20. 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,...

  1. 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...

  2. 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,...

  3. 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...

  4. 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

  5. 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,…

  6. 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)

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

    Science.gov (United States)

    Rosenbaum, Sara; Westmoreland, Timothy M

    2012-08-01

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

  8. 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...

  9. 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; ...

  10. The Influence of School Administrators on Teacher Retention Decisions

    Science.gov (United States)

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

    2011-01-01

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

  11. 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。

  12. 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...

  13. 77 FR 34935 - Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Notice of Court Decision...

    Science.gov (United States)

    2012-06-12

    .... As a result, these companies are no longer parties in this litigation, are not subject to this remand... International Trade Administration Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam... Final Results of Administrative Review AGENCY: Import Administration, International Trade...

  14. 42 CFR 411.124 - Administrator's review of hearing decision.

    Science.gov (United States)

    2010-10-01

    ... Section 411.124 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICARE PROGRAM EXCLUSIONS FROM MEDICARE AND LIMITATIONS ON MEDICARE PAYMENT Limitations on Payment for Services Covered Under Group Health Plans: General Provisions § 411.124 Administrator's...

  15. 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 ...

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

    Science.gov (United States)

    Balloff, R

    2000-04-01

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

  17. 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?

  18. 29 CFR 801.67 - Decision and Order of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Decision and Order of Administrative Law Judge. 801.67 Section 801.67 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Administrative...

  19. 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...

  20. 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...

  1. 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...

  2. 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,...

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

    Data.gov (United States)

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

  4. 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...

  5. 77 FR 5769 - Frontseating Service Valves From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2012-02-06

    ... Republic of China, 74 FR 19196 (April 28, 2009), as corrected, Notice of Correction to Antidumping Duty Order: Frontseating Service Valves From the People's Republic of China, 74 FR 26204 (June 1, 2009... Critical Circumstances, 74 FR 10886 (March 13, 2009) and accompanying Issues and Decision...

  6. 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

    . The commentary examines a tendency of the decision-makers of the ECCC uncritically to accept arguments in the submissions of the Co-Prosecutors to the effect that the continuous provisional detention is in each case the necessary measure in accordance with the law of the ECCC. At that, the quality of judicial...

  7. 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...

  8. 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...

  9. 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

    ... ministerial error in the calculation of the surrogate financial ratios that Jinan Yipin raised for the first... ministerial error in the calculation of the surrogate financial ratios, as alleged by Jinan Yipin, and... Administrative Review and New Shipper Reviews, 69 FR 33626 (June 16,2004) (``Garlic AR8 Final Results''),...

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

    Science.gov (United States)

    2012-09-20

    ... 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...

  11. 77 FR 48964 - Certain Pasta From Italy: Notice of Court Decision Not in Harmony With Final Results of...

    Science.gov (United States)

    2012-08-15

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

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

    Science.gov (United States)

    Russo, Charles J.

    2009-01-01

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

  13. 29 CFR 24.110 - Decision and orders of the Administrative Review Board.

    Science.gov (United States)

    2010-07-01

    ... attorney's fees) reasonably incurred. (e) If the Board determines that the respondent has not violated the... Toxic Substances Control Act, exemplary damages may also be awarded when appropriate. At the request of... 29 Labor 1 2010-07-01 2010-07-01 true Decision and orders of the Administrative Review Board....

  14. 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…

  15. 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.

  16. 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

  17. 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...

  18. 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)...

  19. 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.

  20. 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.

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

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

  3. The Supreme Court as a Small Group.

    Science.gov (United States)

    Brownlee, Don

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

  4. Supreme Court Biographies as a Classroom Resource

    Science.gov (United States)

    Ryan, John Paul

    2009-01-01

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

  5. 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…

  6. 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.

  7. 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.

  8. 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

  9. 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...

  10. 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.

  11. 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

  12. 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.

  13. 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.

  14. 47 CFR 54.725 - Universal service disbursements during pendency of a request for review and Administrator decision.

    Science.gov (United States)

    2010-10-01

    ... Administrator decision under § 54.719(a) through (c) in connection with the high cost and low income support... § 54.719(a) through (c) in connection with the schools and libraries support mechanism or the rural health care support mechanism, the Administrator shall not reimburse a service provider for the...

  15. 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)

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

    Science.gov (United States)

    Moncrieff, Abigail R

    2012-06-01

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

  17. 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...

  18. Domestic courts as agents of development of international immunity rules

    NARCIS (Netherlands)

    R. van Alebeek

    2013-01-01

    This paper explores the role of domestic courts in the development of international immunity rules. It assesses how domestic immunity decisions take meaning in the process of law formation and law determination, and examines whether the distinct influence of domestic-court decisions (as compared to

  19. 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

  20. 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.…

  1. Exploration of the Establishment of the Inter-administrative Division of the People′s Court and People′s Procuratorate%探索设立跨行政区划的人民法院和人民检察院

    Institute of Scientific and Technical Information of China (English)

    段婕妤

    2015-01-01

    Localization and administrativization are the main barriers for the obstruction of justice.The establishment of the in-ter-administrative division of the People′s Court and People′s Procuratorate are fundamental for the impartial exercise of the ju-risdiction and prosecutorial power legally and even reasonable allocation of the judicial resources.After the solution of the es-tablishment of the People′s Court and People′s Procuratorate,the management about the resources of human,finance and property,the division of the jurisdiction and furthermore the supervision of the court and procuratorate,it should be maintained to the combination about the principles of inclination and convenience,regimentation,and the places below the provincial lev-el borrow the successful experience to push the establishment of the inter-administrative division of the People′s Court and Peo-ple′s Procuratorate.%地方化和行政化一直是妨碍司法公正的主要障碍。为确保审判权、检察权依法独立公正行使,合理配置司法资源,设立跨行政区划的人民法院和人民检察院显得尤为必要。在解决法院、检察院的产生问题,人、财、物的管理问题,以及司法区的划分和对法院、检察院的监督问题后,还应坚持适当原则与便民原则相结合,坚持统一管理,并以省级以下地方进行试点的形式,借鉴已有经验,稳步推动跨行政区划的法院、检察院的设立。

  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. 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...

  4. Investigating deviations from norms in court interpreting

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

    of the interpreted events and by drawing on responses to the questionnaires and comments provided by these two groups. The explicit instructions issued by the Danish Court Administration (Guidelines for court interpreting) will serve as point of departure for the investigation of deviations from the prevailing norms...... to the flexibility of the concept of norms, it lends itself excellently to inquiries into interpreting, i.e. to an object of study which may be said to be characterized by an even higher degree of variability than translation. The present study forms part of a comprehensive research project on court interpreting...

  5. 77 FR 55829 - Western Area Power Administration; Grapevine Canyon Wind Project Record of Decision (DOE/EIS-0427)

    Science.gov (United States)

    2012-09-11

    ... Area Power Administration; Grapevine Canyon Wind Project Record of Decision (DOE/EIS-0427) AGENCY... Grapevine Canyon Wind Project was published in the Federal Register (77 FR 34041). After considering the... proposed wind park would be built in one or more phases, dependent on one or more power sale contracts....

  6. 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…

  7. 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…

  8. 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...

  9. 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

  10. 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

  11. 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)

  12. Clinton asks court to rule against assisted suicide.

    Science.gov (United States)

    1996-11-29

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

  13. 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…

  14. 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.

  15. 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.

  16. 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

  17. 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.

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

    Science.gov (United States)

    1995-06-30

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

  19. 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

  20. 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)

  1. 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...

  2. 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 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] 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 the war...

  3. Decisiveness

    OpenAIRE

    Junichiro Ishida

    2008-01-01

    This paper investigates how the presence of strong leadership influences an organization's ability to acquire and process information. The key concept is the leader's decisiveness. A decisive leader can make a bold move in response to a large change in the underlying landscape, whereas an indecisive leader biases her position excessively towards the status quo. An organization led by an indecisive leader needs to accumulate unrealistically strong evidence before it changes the course of actio...

  4. 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...

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

    Science.gov (United States)

    Denniston, L

    1994-04-28

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

  7. 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.

  8. 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...

  9. 8 CFR 244.10 - Decision by the director or Administrative Appeals Unit (AAU).

    Science.gov (United States)

    2010-01-01

    ... exercise of discretion, consistent with the standards for eligibility in §§ 244.2, 244.3, and 244.4. (c... her right to appeal a decision denying Temporary Protected Status. To exercise such right, the alien... shall be given, in English and in the language of the designated foreign state or a language that...

  10. 20 CFR 655.1040 - Decision and order of administrative law judge.

    Science.gov (United States)

    2010-04-01

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

  11. 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.

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

    Directory of Open Access Journals (Sweden)

    Teodora I. BITOIU

    2015-06-01

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

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

    Science.gov (United States)

    1997-03-21

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

  14. 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...

  15. 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.

  16. 29 CFR 1980.110 - Decision and orders of the Administrative Review Board.

    Science.gov (United States)

    2010-07-01

    ... administrative law judge, or a named person alleging that the complaint was frivolous or brought in bad faith who... complainant to that person's former position with the seniority status that the complainant would have had but... a complaint was frivolous or was brought in bad faith, the Board may award to the named person...

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

    Science.gov (United States)

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

    2010-01-01

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

  18. 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)

  19. 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.

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

    Science.gov (United States)

    Morton, Missy

    2009-01-01

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

  1. 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)

  2. 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…

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

    Directory of Open Access Journals (Sweden)

    L.H. Gummi

    2010-04-01

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

  4. Abortion 1982: the Supreme Court once again.

    Science.gov (United States)

    Healey, J M

    1982-11-01

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

  5. 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...

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

    Directory of Open Access Journals (Sweden)

    R.J. Sánchez

    2016-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    赵娜; 方卫华

    2014-01-01

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

  8. 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 ...

  9. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

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

  10. 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…

  11. 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…

  12. Expert scientific evidence in the Israeli court.

    Science.gov (United States)

    Sahar, A

    2007-06-01

    Most judges, by the very nature of their educational background, are less than sufficiently prepared for the task to fully comprehend the problems in disputes concerning scientific subjects. Judicial cognizance in such matters gives no support. The judge has no recourse but to rely on Expert Evidence. However, such evidence, especially in the adversarial system, requires the ability to evaluate it. Back to square one? Almost. The Israeli court borrowed, and followed for many years, the American solution - the Frye Principle (Frye v. United States, 54 App.D.C. at 47, 293 F. 1013 (1923) 1014) - "the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs " - meaning that an Expert's view is held as true if proven that it had been held by "the scientific community." This solution presented an almost insurmountable problem for novel scientific ideas. The were also exceptions - several Israeli Courts made the rather difficult task of examining the Experts' "working papers", i.e. the "crude" data on which he based his deductions. The model of such effort seems to be the English decision, by Stuart-Smith LJ in Loveday v Renton and Wellcome Foundation Ltd. ( (QBD) 1 Med Law Review, 1990:117). Seventy years after Frye the U.S. Supreme Court reviewed the subject of evaluation of scientific evidence. The new requirements were "... (1) ... whether the theory or technique can be and has been tested; (2) ... whether the theory or technique has been subjected to peer review ... (3) ... the known or potential rate of error of[the] technique; (4) [no requirement of] a particular degree of acceptance of the theory or technique within that [scientific] community, ... and (5) the inquiry is a flexible one, and the focus must be solely on principles and methodology, not on the conclusions that such principles and methodology generate ". Namely - the Judge, guided by intelligence and logic, is

  13. 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

  14. 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...

  15. 5 CFR 838.1010 - Court orders or decrees preventing payment of lump sums.

    Science.gov (United States)

    2010-01-01

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

  16. 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...

  17. 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。

  18. 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...

  19. 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.

  20. 5 CFR Appendix A to Subpart A of... - Addresses for Serving Court Orders Affecting CSRS or FERS Benefits

    Science.gov (United States)

    2010-01-01

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

  1. 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

  2. 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...

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

    Science.gov (United States)

    Elliott, R

    2000-01-01

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

  4. 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. ��

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

    Institute of Scientific and Technical Information of China (English)

    蔡先凤; 刘娜

    2015-01-01

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

  6. 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…

  7. 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

  8. 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...

  9. 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...

  10. 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.

  11. 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)

  12. New Court Ruling Muddles Issues in 12-Year-Old Fight between Coach, NCAA.

    Science.gov (United States)

    Lederman, Douglas

    1989-01-01

    A Nevada Supreme Court decision lifted an injunction protecting the University of Nevada at Las Vegas from National Collegiate Athletic Association sanctions but let a lower court decide whether to uphold a 1977 injunction barring suspension of the university's basketball coach. The future course of events is unclear. (MSE)

  13. A Mere Footnote? "An American Dilemma" and Supreme Court School Desegregation Jurisprudence

    Science.gov (United States)

    Crawford, Jon G.; O'Neill, Linda J.

    2011-01-01

    This article provides historical and legal context for recent U.S. Supreme Court school desegregation decisions. The Supreme Court's race-based and race-neutral arguments from "Brown" (1954) to "Parents Involved" (2007) are examined within their broader context. Policy implications and potential support for diversity goal arguments given the Obama…

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

    Science.gov (United States)

    Elliott, Richard

    2002-03-01

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

  15. 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…

  16. 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...

  17. 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.…

  18. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

    . 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...

  19. 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…

  20. 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)

  1. 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...

  2. Supreme Court to hear Florida clinic access case.

    Science.gov (United States)

    1994-04-15

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

  3. 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.

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

    Science.gov (United States)

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

    2012-01-01

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

  5. 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

  6. 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.

  7. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

    Western history of crime fiction usually designates Edgar Allan Poe as the undisputed father of the detective story. Crime fiction is, hence, generally associated with incipient modernity and modern societies and cityscapes. Sir Arthur Conan Doyle even asks: Where was the detective story until Poe...... 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....

  8. 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.

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

    Science.gov (United States)

    Grover, Sonja

    2006-01-01

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

  10. 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...

  11. 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)

  12. Evaluating Court Performance: Findings from Two Italian Courts

    Directory of Open Access Journals (Sweden)

    Luis Lepore

    2012-12-01

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

  13. 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

  14. 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.

  15. 5 CFR Appendix A to Subpart F of... - Recommended Language for Court Orders Dividing Employee Annuities

    Science.gov (United States)

    2010-01-01

    ... in this appendix. The model language in this appendix does not award a benefit that is payable after... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Recommended Language for Court Orders... Pt. 838, Subpt. F, App. A Appendix A to Subpart F of Part 838—Recommended Language for Court...

  16. 77 FR 71687 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998

    Science.gov (United States)

    2012-12-04

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

  17. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    In April 2010, the Brazilian Supreme Federal Court (Supremo Tribunal Federal, or STF) controversially decided to uphold the country’s amnesty law, which currently prevents prosecutions for violations of human rights committed during the military dictatorship. However, the Inter-American Court...... of Human Rights immediately followed with an opposing view in the Araguaia case, declaring that the amnesty law lacks effect under the American Convention on Human Rights. Brazilian society now faces an unprecedented challenge: can it expect its domestic courts to implement such international obligations...

  18. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU...... from a continuous interplay between law and politics, but one where the interpretations, perceptions, and interests of political actors and governing majorities matter for judicial influence on policies. Despite fragmentation of EU politics, politicians can modify and sometimes reject judicial...

  19. 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.

  20. 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.

  1. 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....

  2. 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)

  3. 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.

  4. 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…

  5. 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…

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

    Science.gov (United States)

    Hess, Diana

    1989-01-01

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

  7. 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....

  8. 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.

  9. 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)

  10. 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

  11. High Court's "Yeshiva" Ruling on Faculty Unions Is Starting to Affect Public Campuses.

    Science.gov (United States)

    Mangan, Katherine S.

    1987-01-01

    Administrators at several public institutions have filed complaints with state labor relations boards, claiming that their faculty have managerial status and should be barred from collective bargaining, as in a 1980 Supreme Court case concerning the private Yeshiva University. (MSE)

  12. 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

  13. 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

  14. 42 CFR 405.1130 - Effect of the MAC's decision.

    Science.gov (United States)

    2010-10-01

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

  15. 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...

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

    Directory of Open Access Journals (Sweden)

    REGO, E. A.

    2008-06-01

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

  17. 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

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

    NARCIS (Netherlands)

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

    2015-01-01

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

  19. 42 CFR 422.696 - Reopening of a contract determination or decision of a hearing officer or the Administrator.

    Science.gov (United States)

    2010-10-01

    ... of a hearing officer or the Administrator. 422.696 Section 422.696 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM MEDICARE ADVANTAGE PROGRAM Medicare Contract Determinations and Appeals § 422.696 Reopening of a contract determination...

  20. 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…

  1. [On the Decision of the European Court of Human Rights. The S.H. and others against Austria. TEDH 2010/56 of April 1, on human assisted reproduction and its incidence on the European legislative arena].

    Science.gov (United States)

    Vidal Martínez, Jaime

    2011-01-01

    The judgment of ECHR 2010/56 responds positively the appeal on the part of four Austrian citizens (two married couples) against the Austrian state. The applicants complained that the prohibition of sperm and ova donation for in vitro fertilisation as established in the Austrian Law of 1992 amounts to discrimination, against article 14 of the European Convention on Human Rights in conjunction with article 8, which establishes that everyone has the right to respect for his private and family life. After a detailed exposition of the circumstances surrounding this case, the author examines the origin of the practices of artificial insemination and IVF. The author highlights the transcendence of questions linked to extracorporeal fertilisation and human embryology and looks at the European regulation and the doctrine of reproductive rights, paying attention to the widespread use of the abovementioned techniques in the globalised world and the transborder practices in the European territories. The author points out that the current implementation of assisted reproduction techniques and the lack of uniform regulation in the European context might have influenced the above judgment of the ECHR 2010/56, which pronounced that the 1992 Austrian Law of Artificial Reproduction was not in accordance with article 14 of the European Convention on Human Rights, contrary to the judgment passed by the Austrian Constitutional Court eleven years earlier. It was not questioned, and so it was established by the ECHR, that the applicants right to use assisted reproduction techniques is protected by article 8 of the Convention. However, this does not make the estate liable to allow or regulate the abovementioned practices as long as this does not result in discrimination. According to the author, the right to resort to artificial reproduction techniques is contingent and therefore different from the freedom to procreate that is inherent to the human person, and covered under the right of

  2. [On the Decision of the European Court of Human Rights. The S.H. and others against Austria. TEDH 2010/56 of April 1, on human assisted reproduction and its incidence on the European legislative arena].

    Science.gov (United States)

    Vidal Martínez, Jaime

    2011-01-01

    The judgment of ECHR 2010/56 responds positively the appeal on the part of four Austrian citizens (two married couples) against the Austrian state. The applicants complained that the prohibition of sperm and ova donation for in vitro fertilisation as established in the Austrian Law of 1992 amounts to discrimination, against article 14 of the European Convention on Human Rights in conjunction with article 8, which establishes that everyone has the right to respect for his private and family life. After a detailed exposition of the circumstances surrounding this case, the author examines the origin of the practices of artificial insemination and IVF. The author highlights the transcendence of questions linked to extracorporeal fertilisation and human embryology and looks at the European regulation and the doctrine of reproductive rights, paying attention to the widespread use of the abovementioned techniques in the globalised world and the transborder practices in the European territories. The author points out that the current implementation of assisted reproduction techniques and the lack of uniform regulation in the European context might have influenced the above judgment of the ECHR 2010/56, which pronounced that the 1992 Austrian Law of Artificial Reproduction was not in accordance with article 14 of the European Convention on Human Rights, contrary to the judgment passed by the Austrian Constitutional Court eleven years earlier. It was not questioned, and so it was established by the ECHR, that the applicants right to use assisted reproduction techniques is protected by article 8 of the Convention. However, this does not make the estate liable to allow or regulate the abovementioned practices as long as this does not result in discrimination. According to the author, the right to resort to artificial reproduction techniques is contingent and therefore different from the freedom to procreate that is inherent to the human person, and covered under the right of

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    Fabiana Luci Oliveira

    2008-12-01

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

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

    Science.gov (United States)

    Isgro, Francesco

    1985-01-01

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

  6. 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.…

  7. 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)

  8. 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…

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

    Science.gov (United States)

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

    2016-05-01

    The usage of decision support tools in emergency departments, based on predictive models, capable of estimating the probability of admission for patients in the emergency department may give nursing staff the possibility of allocating resources in advance. We present a methodology for developing and building one such system for a large specialized care hospital using a logistic regression and an artificial neural network model using nine routinely collected variables available right at the end of the triage process.A database of 255.668 triaged nonobstetric emergency department presentations from the Ramon y Cajal University Hospital of Madrid, from January 2011 to December 2012, was used to develop and test the models, with 66% of the data used for derivation and 34% for validation, with an ordered nonrandom partition. On the validation dataset areas under the receiver operating characteristic curve were 0.8568 (95% confidence interval, 0.8508-0.8583) for the logistic regression model and 0.8575 (95% confidence interval, 0.8540-0. 8610) for the artificial neural network model. χ Values for Hosmer-Lemeshow fixed "deciles of risk" were 65.32 for the logistic regression model and 17.28 for the artificial neural network model. A nomogram was generated upon the logistic regression model and an automated software decision support system with a Web interface was built based on the artificial neural network model. PMID:26974710

  10. 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...

  11. 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...

  12. 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…

  13. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

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

  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. Improving the Efficiency of Administrative Decision-Making when Monitoring Reliability and Safety of Oil and Gas Equipment

    Directory of Open Access Journals (Sweden)

    Zemenkova Maria

    2016-01-01

    Full Text Available Methodology of rapid assessment of reliability index was developed based on system analysis of technological parameters. Within functioning of on-line monitoring system of reliability index of industrial facility this method allows to increase efficiency of making managerial decisions on technical and preventive maintenance. The technique is based on the analysis of technological parameters of operational modes of pipeline transport facilities registered by dispatcher controls. The created technique can be used by the operating, research, design institutes and oil and gas transport enterprises when declaring industrial safety. The received mathematical models allow federal services of supervision, the independent expert organizations to predict the development of reliability in the registered block of dispatching data either in real time mode, or taking into account the dynamics of service conditions of the object.

  16. 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...

  17. 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...

  18. 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…

  19. 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.

  20. Features Of Civil Cases Consideration In The Magistrates Courts In The Russian Empire

    Directory of Open Access Journals (Sweden)

    Evgeniya V. Loginova

    2014-12-01

    Full Text Available In this article the historical and legal experience related to the activities of magistrates' courts in the Russian Empire. Author analyzed features of civil cases in magistrates' courts. Problems of global justice of the peace development are connected with the formation of the civil society prerequisites, development of public relations. Nature of the magistrate court activity was determined by that it was a lowest judicial instance and in this instance considered the least significant cases, including civil-law claims with small amounts. Passage of civil case in magistrate's court (first instance can be divided into several stages: initiation of proceedings; preparing case for trial; trial; decision and announcement of the decision; revocable production; decision execution. In the trial stage several stages can be allocated: preparatory part, consideration of merits, parties concluding arguments. Among the important features of proceedings in the magistrates' court should be pointed out the fact that the Charter of Civil Procedure prescribed a detailed written statement of each decision of the judges with a detailed description of all circumstances, including verbal requests and complaints, as well as testimony. As a result, a significant portion of time was taken from the judge by the written work. In the article it is concluded that consideration of civil cases by the magistrate courts can be attributed to civil proceedings, as it was regulated by the Charter of Civil Procedure. Hearing of civil cases in the magistrates' courts had its own characteristics in comparison to the general civil proceedings. These include simplified, compared to the conventional, order of legal proceedings and division of decision on final and inconclusive.

  1. Does Europe need two Courts of Human Rights? On the Relationship between the Strasbourg and Luxembourg Courts

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2003-01-01

    Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice......Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice...

  2. 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.

  3. 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...

  4. Statistical Mechanics of the US Supreme Court

    Science.gov (United States)

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

    2015-07-01

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

  5. Supreme Court rejects challenge to FACE.

    Science.gov (United States)

    1996-10-25

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

  6. 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.

  7. 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

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

    Directory of Open Access Journals (Sweden)

    Ilya V. STRIZHAKOV

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Roger Guimerà

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

  10. 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...

  11. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

  12. 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 ...

  13. 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)

  14. 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.

  15. 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...... for it to be regarded as a “human embryo”.’ This contribution discusses the two judgments both in relation to the role of the EU institutions and the potential effects of the judgments on biotech inventions, in particular on medical innovation...

  16. 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

  17. 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.

  18. Your business in court: 2009-2010.

    Science.gov (United States)

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

    2011-01-01

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

  19. Your business in court: 2009-2010.

    Science.gov (United States)

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

    2011-01-01

    During this period, FDA focused considerable effort on its transparency initiative, which is likely to continue into the coming year, as well as continuing to ramp up its enforcement activities, as we predicted last year. The scope of the agency's ability to pre-empt state laws in product liability litigation involving pharmaceutical products still is developing post-Levine, and we are likely to see new decisions in the coming year. Fraud and abuse enforcement still is a major factor facing the industry, with the added threat of personal exposure to criminal sentences, fines and debarment from participation in federal and state programs under the Responsible Corporate Officer doctrine, or under the authorities exercised by the Department of Health and Human Services Office of the Inspector General. Consequently, it is increasingly important that senior corporate officers ensure active oversight of an effective compliance program which should mitigate these risks. The Federal Trade Commission continues to battle consumer fraud, particularly respecting weight loss programs, and it appears to be fighting a losing battle in its effort to prevent "reverse" payments to generic manufacturers by Innovator Manufacturers to delay the introduction of generics to the market. The Securities and Exchange Commission continues to be actively enforcing the Foreign Corrupt Practices Act. The Supreme Court gave shareholders more leeway in bringing stockholder suits in situations where a company conceals information that, if revealed, could have a negative effect on stock prices. PMID:24505838

  20. Statistical Mechanics of US Supreme Court

    Science.gov (United States)

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

    2014-03-01

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

  1. 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...

  2. 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.)

  3. Commentary (Victim Participation in the International Criminal Court)

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

    reparations, have a genuine interest in having their voices heard by expressing their views and opinions throughout legal proceedings, and validating their experiences by being part of the truth seeking process in the court of law. This commentary scrutinizes a number of early decisions in the Lubanga case...... was very ‘consumer like’ because victims were solely used as witnesses to testify about the crimes attributed to the accused, but they were not granted broad participatory rights in the proceedings. The drafters of the Rome Statute acknowledged wide-ranging interests of victims who, apart from seeking...

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

    Directory of Open Access Journals (Sweden)

    Sementsov Nikolay Yur’evich

    2013-11-01

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

  5. 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.

  6. 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…

  7. Enhancing Residential Treatment for Drug Court Participants

    Science.gov (United States)

    Koob, Jeff; Brocato, Jo; Kleinpeter, Christine

    2011-01-01

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

  8. 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...

  9. The Supreme Court in the Culture Wars.

    Science.gov (United States)

    Rabkin, Jeremy

    1996-01-01

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

  10. The Roberts Court and Academic Freedom

    Science.gov (United States)

    Rahdert, Mark C.

    2007-01-01

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

  11. Court Seen Balky on Religion Cases

    Science.gov (United States)

    Walsh, Mark

    2010-01-01

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

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

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

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

  13. 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…

  14. 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

  15. 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…

  16. 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

  17. 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

  18. 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.

  19. 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...

  20. 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…

  1. 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

  2. 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

  3. 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.

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

    Science.gov (United States)

    Bergel, Salvador Darío

    2010-01-01

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

  5. The Supreme Court upholds parental notice requirements.

    Science.gov (United States)

    1990-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    赵友华

    2016-01-01

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

  7. 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".

  8. 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

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

    Science.gov (United States)

    1996-06-28

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

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

    Science.gov (United States)

    1995-05-19

    The Freedom of Access to Clinic Entrances Act (FACE) is a federal statute which was signed into law May 1994 prohibiting the use of force, threat of force, or physical obstruction to intentionally injure, intimidate, or interfere with anyone providing reproductive health services. Since FACE was enacted, seven federal district courts and one federal appellate court have found the measure constitutional, although one federal district court in Wisconsin did rule against FACE. Anti-choice activists have argued that neither the Commerce Clause nor the Fourteenth Amendment to the US Constitution empower Congress to enact FACE. Congress relied upon both constitutional provisions when it enacted the statute, recognizing that illegal, violent acts against abortion providers and their patients threaten to disrupt medical care nationwide and eliminate the right to choose abortion. The US Court of Appeals for the Fourth Circuit on February 13, 1995, however, unanimously upheld a lower court's dismissal of the case, finding that FACE does not violate the US Constitution. Relying upon an April 26 Supreme Court decision in United States vs. Lopez, which held that Congress did not have the power under the Commerce Clause to enact a federal statute prohibiting the possession of a firearm within 100 feet of a school zone, an anti-choice group and several individuals petitioned the US Supreme Court in a May 12 filing to review the appellate court ruling in American Life League vs. Reno. The petitioners also challenge the broad powers of Congress under the Fourteenth Amendment to remedy infringements upon constitutional rights and assert FACE violates the First Amendment and the Religious Freedom Restoration Act. PMID:12346170

  11. 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.

  12. Unravelling the language of the law in Spanish courts

    Directory of Open Access Journals (Sweden)

    Víctor M. González Ruiz

    2009-10-01

    Full Text Available When deciding on a case, Spanish judges must construe relevant legislation with the help of a body of ambiguous and often mutually inconsistent rules. Apart from general principles (e.g. those collected in the Constitution, the most significant guideline available for interpreting statutes, subsection 3(1 of the Spanish Civil Code, stipulates that rules shall be interpreted according to “the proper meaning of words”. The vagueness of this provision, based on the idea that language conforms to reality in a univocal manner, goes hand in hand with the principle of judicial independence, under which Spanish judges are free to make any decisions they think suitable. This paper describes the principles of statutory interpretation in Spain and emphasizes how the application of these rules, together with the concept of judicial independence, sometimes makes statutory interpretation and court decisions a rather unpredictable process.

  13. 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.”

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

    Science.gov (United States)

    Vines, Tim

    2014-06-01

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

  15. 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...

  16. H v Council: Another Court breakthrough in the Common Foreign and Security Policy

    DEFF Research Database (Denmark)

    Butler, Graham

    2016-01-01

    ’ at the Treaty of Lisbon, the pillar’s shadow still lives on. Lasting evidence of CFSP as a separate but integrated sphere of law allow for it to be titled ‘CFSP law’, with judgments of the Court arising from interinstitutional and direct action litigation, permitting its legal development. The two judgments......This summer alone, the Court of Justice (‘the Court’) has issued two important decisions that will further shape the legal dimension of the Common Foreign and Security Policy (CFSP). Despite this largely intergovernmental sphere of law (the former Second Pillar) being merged into the unified ‘EU...

  17. 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...... 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...

  18. 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...

  19. 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)

  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. 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)

  2. Exploring the Routine Administration of Decision Aids for Palliative Chemotherapy to Patients by Nurses: A Qualitative Study Among Nurses and Oncologists

    NARCIS (Netherlands)

    Oostendorp, L.J.M.; Ottevanger, P.B.; Graaf, W.T.A. van der; Peters, M.E.W.J.; Hermens, R.P.M.G.; Stalmeier, P.F.M.

    2015-01-01

    BACKGROUND: Decision aids (DAs) effectively support patient decision making but are rarely used in daily practice. OBJECTIVE: To explore nurses' and oncologists' views on routinely offering DAs on palliative chemotherapy to patients by nurses. Most interviewees had clinical experience with the DAs,

  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. 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

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

    Science.gov (United States)

    Sacken, Donal M.

    1993-01-01

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

  7. 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.

  8. 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...

  9. 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...

  10. 29 CFR 1980.114 - District Court jurisdiction of discrimination complaints.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false District Court jurisdiction of discrimination complaints. 1980.114 Section 1980.114 Labor Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED) PROCEDURES FOR THE HANDLING OF...

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

    Science.gov (United States)

    Bloch, Richard I.

    1978-01-01

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

  12. 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...

  13. 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

  14. 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)

  15. 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...

  16. 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, ...

  17. 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.

  18. 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...

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

    Science.gov (United States)

    Stoner, Edward N.; Schupansky, Susan P.

    1998-01-01

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

  20. 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.

  1. FY 2014 Workload Data - Disability Decisions

    Data.gov (United States)

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

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

    Science.gov (United States)

    Ciccone, J R

    1999-03-01

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

  4. 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.)

  5. 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...

  6. 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

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

    Directory of Open Access Journals (Sweden)

    Dacian DRAGOŞ

    2010-10-01

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

  8. [Is retrospective preventive detention finished? Legal consequences of the verdict of the European Court of Human Rights from 17.12.2009].

    Science.gov (United States)

    Leygraf, J

    2010-07-01

    On 17.12.2009 the European Court of Human Rights announced a verdict on the admissibility of retrospective abolition of the 10-year time limit for the first preventive detention for violent criminals after a court process lasting 5.5 years. The Court decreed that this was a breach of the Convention and awarded the internee damages of 50,000 EUR. This verdict, which has initially brought the damages to the person concerned but not freedom, will have substantial effects on the right of preventive detention. This decision is final since 10 May 2010 after the High Court rejected the appeal of the Federal Government. This article presents the verdict of the European Court and discusses the sequelae for the right of preventive detention.

  9. 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 .

  10. 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)

  11. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates. Instead, it is argued...... be settled according to each court’s constituent document and other relevant sources of law, depending on the legal system to which this document belongs.......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...

  12. 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.

  13. 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):

  14. 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...

  15. [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

  16. Forecasting the Senate vote on the Supreme Court vacancy

    Directory of Open Access Journals (Sweden)

    Scott J. Basinger

    2016-07-01

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

  17. 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...

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

    Directory of Open Access Journals (Sweden)

    Vilma Hasneziri

    2015-07-01

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

  19. 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 (...

  20. 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.

  1. 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

  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. 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.

  4. 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...

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

    Science.gov (United States)

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

    2014-11-01

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

  6. 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...

  7. Status of Cases in the Supreme Court.

    Science.gov (United States)

    Chronicle of Higher Education, 1986

    1986-01-01

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

  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...

  9. Supreme Court Upholds Religious Liberty: Educational Implications.

    Science.gov (United States)

    Mawdsley, Ralph D.; Russo, Charles J.

    1994-01-01

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

  10. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

    the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgments which help illustrate...

  11. 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

  12. 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

  13. 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...

  14. 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...

  15. The administration route is decisive for the ability of the vaccine adjuvant CAF09 to induce antigen-specific CD8(+) T-cell responses

    DEFF Research Database (Denmark)

    Schmidt, Signe Tandrup; Khadke, Swapnil; Korsholm, Karen Smith;

    2016-01-01

    A prerequisite for vaccine-mediated induction of CD8(+) T-cell responses is the targeting of dendritic cell (DC) subsets specifically capable of cross-presenting antigen epitopes to CD8(+) T cells. Administration of a number of cationic adjuvants via the intraperitoneal (i.p.) route has been show...

  16. 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...

  17. 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...

  18. 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...

  19. 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.

  20. 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)

  1. 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

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

    Directory of Open Access Journals (Sweden)

    Ivam Ricardo Peleias

    2016-08-01

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

  3. 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

  4. The defects of the system of public participation in environmental administrative decision-making and perfect path%公众参与环境行政决策制度的缺陷及其完善

    Institute of Scientific and Technical Information of China (English)

    杨昌彪

    2016-01-01

    中国现行公众参与环境行政决策制度一直围绕强化政府义务来建构,存在着公众参与主体范围模糊不清、参与权利内容缺失及参与主体法律责任缺位的问题,致使公众参与权利无法得到有效保障,环境群体性事件频发,政府公信力不断下降。立法应摒弃以单纯强调政府义务的立法理念,明确界定公众参与环境行政决策的权利主体、具体内涵和法律责任,实现公众参与环境行政决策制度有序化和有效化的制度价值。%China's current public participation in environmental decision-making system has been around for strengthening administrative government obligations to construct. There are problems, such as absence of public participation in the main range of vague, lack of participating right and legal liability. As a result, public participation rights cannot achieve effective relief, environmental group events occur frequently and the credibility of the government fall. Legislation should simply focus on the government to abandon the ideas of legislation obligations to clarify the subject of rights public participation in environmental decision-making power of the executive, the specific content and legal responsibility to realize the value system of public participation in environmental administrative decision-making system of orderly and effective.

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

    Science.gov (United States)

    Matthews, Kirstin R W; Cuchiara, Maude L

    2014-03-01

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

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

    Science.gov (United States)

    Siegel, David M

    2011-07-01

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

  7. 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...

  8. 21 CFR 10.45 - Court review of final administrative action; exhaustion of administrative remedies.

    Science.gov (United States)

    2010-04-01

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

  9. 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?

  10. 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)

  11. Who can monitor the court interpreter's performance?

    DEFF Research Database (Denmark)

    Martinsen, Bodil

    2009-01-01

      Who can monitor the court interpreter's performance? Results of a case study This paper presents the results of a case study of an unusual interpreting event in a Danish courtroom setting. During the trial, the interpreter's non-normative performance was explicitly criticised by the audience...... and the conflict about her competence was negotiated. Because of this unusual constellation, combined with a multi-method approach, this single case study can shed some light on the question of the participants' ability to monitor the interpreter's performance. Legal professional users of interpreters tend...... to assume that they are able to monitor and thus evaluate the interpreting if the foreign language used in court belongs to the major ones within the Danish educational system, like English or French, contrary to "exotic" migrant languages. This paper highlights the problem that the interpreted proceedings...

  12. 42 CFR 405.1875 - Administrator review.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Administrator review. 405.1875 Section 405.1875... Appeals § 405.1875 Administrator review. (a) Basic rule: Time limit for rendering Administrator decisions, Board decisions, and action subject to immediate review. The Administrator, at his or her...

  13. 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...

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

    Science.gov (United States)

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

    2013-11-01

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

  15. 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

  16. 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.

  17. 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.

  18. 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.

  19. 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

  20. 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.