28 CFR 50.3 - Guidelines for the enforcement of title VI, Civil Rights Act of 1964.

Science.gov (United States)

2010-07-01

... VI, Civil Rights Act of 1964. 50.3 Section 50.3 Judicial Administration DEPARTMENT OF JUSTICE... to enforce compliance with other titles of the 1964 Act, other Civil Rights Acts, or constitutional... should not be rejected without consulting the Department of Justice. Once litigation has been begun, the...

Transnational Litigation and Commercial Arbitration

DEFF Research Database (Denmark)

Lookofsky, Joseph; Hertz, Ketilbjørn

Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments......Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments...

75 FR 8045 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

Science.gov (United States)

2010-02-23

... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights Act Correction Notice document 2010-3168 appearing on page 7441 in the issue of Friday, February 19, 2010 was included in error...

PRINSIP HAKIM AKTIF DALAM PERKARA PERDATA / The Principle of Active Judge in Civil Case

Directory of Open Access Journals (Sweden)

Sunarto Sunarto

2016-07-01

Full Text Available Keadilan harus dengan tegas ditegakkan. Tuntutan tersebut tidak memungkinkan untuk dimodifikasi karena penegakan keadilan sangat berhubungan dengan penegakan hak. Paradigma umum dalam melihat hukum acara perdata menempatkan Hakim bersifat pasif dalam menjalankan tugas dan fungsinya. Meskipun begitu terdapat keadaan-keadaan yang memposisikan hakim agar aktif menyelesaikan perkara perdata. Hal itu dapat terlihat pada penerapan Pasal 119 HIR pada saat Ketua Pengadilan Negeri memberikan bantuan berupa nasehat serta bantuan yang berhubungan dengan formalitas atau syarat-syarat gugatan agar gugatan dapat diterima dan memenuhi syarat-syarat formalitas gugatan kepada penggugat atau kuasanya. Selain itu, Pasal 130 HIR / Pasal 154 RBG, diwajibkan agar Ketua Pengadilan Negeri berusaha mendamaikan kedua belah pihak yang berperkara. Selanjutnya pada Pasal 132 HIR / Pasal 156 RBG, Hakim memiliki peranan aktif untuk menginformasikan kepada kedua belah pihak yang berperkara dan memberikan penjelasan kepada para pihak yang berperkara tentang adanya hak untuk melakukan upaya hukum serta hak untuk mengajukan alat-alat bukti di persidangan.   The Justice must be firmly maintained. This demand can not be modified due to it was closely related to the rights enforcement. The common paradigm in civil code perception makes judges passively work in civil cases handling. It can be seen in Article 119 HIR when the general court chief judge give a support as advice and help related to the formality or the terms of the lawsuit for the strike to be acceptable and meets the requirements of formality lawsuit against the plaintiff or attorney. Moreover, Article 130 HIR / RBG Article 154, required that general court chief judge attempted to reconcile the two parties litigant. Furthermore, in Article 132 HIR / RBG Article 156, the Judge has an active role to inform both litigants and provide an explanation to the litigants of their rights to take legal actions and the right to

Evidence Standards and Litigation

DEFF Research Database (Denmark)

Guerra, Alice; Luppi, Barbara; Parisi, Francesco

In litigation models, the parties’ probability to succeed in a lawsuit hinge upon two main factors: the merits of the parties’ claims and their litigation efforts (Katz, 1988; Hirshleifer, 1989; Farmer and Pecorino, 1999). In this paper we extend this framework to consider an important procedural...

Executive pay and shareholder litigation

OpenAIRE

Lin Peng; Ailsa Röell

2008-01-01

The paper examines the impact of executive compensation on private securities litigation. We find that incentive pay in the form of options increases the probability of securities class action litigation, holding constant a wide range of firm characteristics. We further document that there is abnormal upward earnings manipulation during litigation class periods and that insiders exercise more options and sell more shares during class periods, but that this activity is largely driven by pre-ex...

Class action litigation in correctional psychiatry.

Science.gov (United States)

Metzner, Jeffrey L

2002-01-01

Class action litigation has been instrumental in jail and prison reform during the past two decades. Correctional mental health systems have significantly benefited from such litigation. Forensic psychiatrists have been crucial in the litigation process and the subsequent evolution of correctional mental health care systems. This article summarizes information concerning basic demographics of correctional populations and costs of correctional health care and provides a brief history of such litigation. The role of psychiatric experts, with particular reference to standards of care, is described. Specifically discussed are issues relevant to suicide prevention, the prevalence of mentally ill inmates in supermax prisons, and discharge planning.

Behavioral Genetics in Criminal and Civil Courts.

Science.gov (United States)

Sabatello, Maya; Appelbaum, Paul S

Although emerging findings in psychiatric and behavioral genetics create hope for improved prevention, diagnosis, and treatment of disorders, the introduction of such data as evidence in criminal and civil proceedings raises a host of ethical, legal, and social issues. Should behavioral and psychiatric genetic data be admissible in judicial proceedings? If so, what are the various means for obtaining such evidence, and for what purposes should its admission be sought and permitted? How could-and should-such evidence affect judicial outcomes in criminal and civil proceedings? And what are the potential implications of using behavioral and psychiatric genetic evidence for individuals and communities, and for societal values of equality and justice? This article provides an overview of the historical and current developments in behavioral genetics. We then explore the extent to which behavioral genetic evidence has-and should-affect determinations of criminal responsibility and sentencing, as well as the possible ramifications of introducing such evidence in civil courts, with a focus on tort litigation and child custody disputes. We also consider two ways in which behavioral genetic evidence may come to court in the future-through genetic theft or the subpoena of a litigant's biospecimen data that was previously obtained for clinical or research purposes-and the concerns that these possibilities raise. Finally, we highlight the need for caution and for approaches to prevent the misuse of behavioral genetic evidence in courts.

Analysis of Factors Associated With Rhytidectomy Malpractice Litigation Cases.

Science.gov (United States)

Kandinov, Aron; Mutchnick, Sean; Nangia, Vaibhuv; Svider, Peter F; Zuliani, Giancarlo F; Shkoukani, Mahdi A; Carron, Michael A

2017-07-01

This study investigates the financial burden of medical malpractice litigation associated with rhytidectomies, as well as factors that contribute to litigation and poor defendant outcomes, which can help guide physician practices. To comprehensively evaluate rhytidectomy malpractice litigation. Jury verdict and settlement reports related to rhytidectomy malpractice litigations were obtained using the Westlaw Next database. Use of medical malpractice in conjunction with several terms for rhytidectomy, to account for the various procedure names associated with the procedure, yielded 155 court cases. Duplicate and nonrelevant cases were removed, and 89 cases were included in the analysis and reviewed for outcomes, defendant specialty, payments, and other allegations raised in proceedings. Data were collected from November 21, 2015, to December 25, 2015. Data analysis took place from December 25, 2015, to January 20, 2016. A total of 89 cases met our inclusion criteria. Most plaintiffs were female (81 of 88 with known sex [92%]), and patient age ranged from 40 to 76 years (median age, 56 years). Fifty-three (60%) were resolved in the defendant's favor, while the remaining 36 cases (40%) were resolved with either a settlement or a plaintiff verdict payment. The mean payment was $1.4 million. A greater proportion of cases involving plastic surgeon defendants were resolved with payment compared with cases involving defendants with ear, nose, and throat specialty (15 [36%] vs 4 [24%]). The most common allegations raised in litigation were intraoperative negligence (61 [69%]), poor cosmesis or disfigurement (57 [64%]), inadequate informed consent (30 [34%]), additional procedures required (14 [16%]), postoperative negligence (12 [14%]), and facial nerve injury (10 [11%]). Six cases (7%) involved alleged negligence surrounding a "lifestyle-lift" procedure, which tightens or oversews the superficial muscular aponeurosis system layer. In this study, although most cases of

Litigation in paediatrics

LENUS (Irish Health Repository)

Murphu, JFA

2011-03-01

on the issue. This is understandable. Most individuals are healthy during their childhood and have less need of and less interaction with medical services when compared with adults. However, Paediatric litigation does happen and furthermore it is likely to increase in parallel with other specialties. Carroll and Buddenbaum1 have described the pattern of Paediatric litigation in the US. The annual incidence of malpractice claims has been quoted to be as high as 6.6 claims per 100 Paediatricians per year. Almost 30% of Paediatricians have been sued with many being sued on more than one occasion. Of these cases 36% were settled out of court, 33% were dropped by the plaintiff with the remainder going before the judiciary. The authors point out that in the US medical malpractice is a hotly debated issue. Litigation has a questionable impact on health care quality, cost, and access to services. The AMA believes that rising premiums are resulting in the curtailment of medical care particularly in states with high medico-legal rates. The Physician Insurers Association of America (PIAA) is a trade organisation which insures 60% of all private practicing physicians and surgeons has been a useful source of data. In the 20 year period 1985-2005 among a total of 214,226 claims there were 6363 (2.9%) Paediatric claims which ranked it 10th among the 28 specialties covered. The claims arose in equal numbers from the hospital and Paediatrician’s office settings. Common reasons for Paediatric litigation were errors in diagnosis (32%), incorrect performance of a medical or surgical procedure (13%), failure to monitor or manage a case effectively (10%) and medication error (5%). The top five medico-legal conditions were meningitis, routine infant or child checks, newborn respiratory problems, appendicitis and brain-damaged infants as a co-defendant with Obstetrics. Good quality information about litigation is important because the discussion among doctors is frequently confused by

49 CFR Appendix B to Part 241 - Schedule of Civil Penalties 1

Science.gov (United States)

2010-10-01

... for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000... the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined designation cited in the civil penalty demand letter. [67 FR 75960, Dec. 10, 2002...

The role of human rights litigation in improving access to reproductive health care and achieving reductions in maternal mortality.

Science.gov (United States)

Dunn, Jennifer Templeton; Lesyna, Katherine; Zaret, Anna

2017-11-08

Improving maternal health, reducing global maternal mortality, and working toward universal access to reproductive health care are global priorities for United Nations agencies, national governments, and civil society organizations. Human rights lawyers have joined this global movement, using international law and domestic constitutions to hold nations accountable for preventable maternal death and for failing to provide access to reproductive health care services. This article discusses three decisions in which international treaty bodies find the nations of Brazil and Peru responsible for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights and also two domestic decisions alleging constitutional violations in India and Uganda. The authors analyze the impact of these decisions on access to maternal and other reproductive health services in Brazil, Peru, India, and Uganda and conclude that litigation is most effective when aligned with ongoing efforts by the public health community and civil society organizations. In filing these complaints and cases on behalf of individual women and their families, legal advocates highlight health system failures and challenge the historical structures and hierarchies that discriminate against and devalue women. These international and domestic decisions empower women and their communities and inspire nations and other stakeholders to commit to broader social, economic, and political change. Human rights litigation brings attention to existing public health campaigns and supports the development of local and global movements and coalitions to improve women's health.

An exploration of the effects of clinical negligence litigation on the practice of midwives in England: A phenomenological study.

Science.gov (United States)

Robertson, Judith H; Thomson, Ann M

2016-02-01

guidelines will enable midwives to respond proportionately to the threat of litigation. A culture of openness and sharing the problem when adverse events occur would help to extinguish the current blame culture in the National Health Service. Litigation must be recognised by management as capable of inducing loss of confidence and reluctance to work in the labour ward. Promoting teamwork will help support these midwives. The potential for litigation in maternity care could affect retention of the midwifery workforce. Copyright © 2015 Elsevier Ltd. All rights reserved.

6 CFR 25.7 - Litigation management.

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

Civil Litigation in the UK: сontemporary issues to ensure evidential reliability

Directory of Open Access Journals (Sweden)

Koch Hugh

2016-06-01

Full Text Available The system for assessing appropriate damages for individuals who have suffered a personal injury, caused by another person or persons is well established in the UK. A claimant, for example, who has been in a road accident, work accident, medical accident or negligent action can make a claim for his/her physical and psychological injuries, time off work and future disability, provided it is proven that another person(s is responsible. The system involves obtaining, medical-legal evidence on the diagnosis, causation, treatment and prognosis of any injuries, physical or psychological. One key aspect of this covers the crucial issue of evidential reliability. This paper explains the key questions facing lawyers and experts alike in the UK; fundamental postulates or beliefs about evidence; ways to improve reliability; the relevance of pre-event history and improving evidential reliability via Part 35 questioning. The UK, along with the USA, has the most advanced and developed system of personal injury litigation process.

Conservative litigation against sexual and reproductive health policies in Argentina.

Science.gov (United States)

Peñas Defago, María Angélica; Morán Faúndes, José Manuel

2014-11-01

In Argentina, campaigns for the recognition of sexual and reproductive rights have sparked opposition through litigation in which the dynamics of legal action have come from self-proclaimed "pro-life" NGOs, particularly since 1998, when the conservative NGO Portal de Belén successfully achieved the banning of emergency contraception through the courts. The activities of these groups, acting as a "civil arm" of religion, are focused primarily on obstructing access to legally permissible abortions and bringing about the withdrawal of a number of recognized public policies on sexual and reproductive health, particularly the 2002 National Programme for Sexual Health and Responsible Procreation. This paper analyzes the litigation strategies of these conservative NGOs and how their use of the courts in Argentina has changed over the years. It gives examples of efforts in local courts to block individual young women from accessing legal abortion following rape, despite a ruling by the National Supreme Court of Justice in 2012 that no judicial permission is required. In spite of major advances, the renewed influence of the Catholic hierarchy in the Argentine political scene with the accession of the new Pope poses challenges to the work by feminists and women's movements to extend and consolidate sexual and reproductive rights. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

The Civil Rights Act of 1991: From Conciliation to Litigation-- How Congress Delegates Lawmaking to the Courts

Science.gov (United States)

1993-04-01

instead of attacking the causes. The 1991 Act is a law of stratification that encourages racism , sexism , and litigation to further individual goals and...30 D. What About Those Statistics ? ............................ 31 E. Race Norming - The Dos and Don’ts of Test Scores...in Title VII to recognize group rights through a "disparate impact" theory of discrimination. In Griggs v. Duke Power Co.,` the Court recognized that

Malpractice Litigation and Nursing Home Quality of Care

Science.gov (United States)

Konetzka, R Tamara; Park, Jeongyoung; Ellis, Robert; Abbo, Elmer

2013-01-01

Objective. To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. Data Sources/Study Setting. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. Study Design. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. Principal Findings. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Conclusions. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform. PMID:23741985

Litigation and audit quality; two experimental studies

NARCIS (Netherlands)

Dijk, M. van

1998-01-01

This study examines the effect of litigation risk on auditors' willingness to yield to management pressure and to omit audit steps of the audit program in case of budget pressure. The results show that litigation risk has a significant impact on audit quality.

Teacher Fear of Litigation for Disciplinary Actions

Science.gov (United States)

Holben, Diane M.; Zirkel, Perry A.; Caskie, Grace I. L.

2009-01-01

The present study determined the extent to which teachers' fear of litigation limits their disciplinary actions, including any significant differences by period, demographic factors, and item type. Teachers' perceptions of limitations placed on their disciplinary actions do not substantiate the "paralyzing fear" of litigation that…

28 CFR 0.48 - International trade litigation.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

Litigation, Mass Media, and the Campaign to Criminalize the Firearms Industry

Directory of Open Access Journals (Sweden)

William T. Haltom

2014-10-01

Full Text Available This article extends the co-authors’ researches on mass media coverage of crusades against manufacturers and marketers of tobacco products in the United States to media coverage of similar crusades against manufacturers and marketers of firearms in the United States. The major contention of the article is that firearms-reformers have used civil suits and allied publicity outside courts to depict firearms producers and retailers as criminals. A major tactic that has unified reformers’ efforts inside and outside courts is deployment of crimtorts, civil litigation for torts that includes elements of criminal prosecution. Crimtorts and publicity through entertainment media enabled opponents of firearms companies to lose case after case yet to damage the reputations or brands of firearms makers and marketers. The firearms interests fended off crusaders in civil action after civil action yet became portrayed as outright criminals owing mostly to crimtorts. Este artículo amplia las investigaciones de los autores sobre la cobertura mediática de las cruzadas contra productores y vendedores de tabaco en los Estados Unidos hacia la cobertura mediática de cruzadas similares contra productores y vendedores de armas de fuego en Estados Unidos. El argumento principal del artículo sostiene que los que buscan la reforma de la legislación sobre armas de fuego han utilizado las demandas civiles y la publicidad externa a los tribunales para representar a los productores y vendedores de armas de fuego como criminales. Una táctica principal que ha unido los esfuerzos de los reformistas dentro y fuera de los tribunales es el uso de crimtorts, juicios civiles para acciones por responsabilidad civil extracontractual que incluyen elementos de procesos criminales. A pesar de perder caso tras caso, los crimtorts y la publicidad en los medios de entretenimiento permitió a los oponentes a las compañías armamentísticas perjudicar la reputación o las marcas de

28 CFR Appendix to Subpart Y of... - Redelegations of Authority To Compromise and Close Civil Claims

Science.gov (United States)

2010-07-01

... to conducting, handling, or supervising civil and criminal forfeiture litigation (other than bail... concerned shall also immediately forward to the Department a report, in the form of a letter or memorandum... the required report, may be used in lieu of a letter or memorandum. In any case, special care shall be...

Blue Jeans, Chewing Gum and Climate Change Litigation: American Exports to Europe

Directory of Open Access Journals (Sweden)

Daniel G Hare

2013-01-01

Full Text Available This paper analyses how American-style climate change litigation might be adopted by the European Union ('EU' and projects potential methods by which the EU might employ the US model, if it indeed chooses to take the climate change battle to the courts. By synthesising existing US case law in the environment and climate change fields, the paper roughly defines the 'American model' of climate change litigation as parens patriae actions, oftentimes based in the tort of public nuisance, brought by states and other sovereign entities against polluter-defendants. The structural differences between the common law United States and the predominantly civil law European Union are substantial, and the EU has traditionally been averse to enter too far into the American mass torts arena. Accordingly, Europeans have not yet undertaken these types of lawsuits. This paper identifies and examines several realistic options for Europe's possible espousal of the American climate change litigation model through EU law and national law of individual Member States. Although the comparison is admittedly imperfect, I conclude that by drawing on the blueprint of its American counterparts, the EU could viably use Directive 2004/35/EC (environmental liability with regard to the prevention and remedying of environmental damage and the 'polluter pays' principle and Directive 2003/87/EC (establishing a scheme for greenhouse gas emission allowance trading in a parens patriae-like manner to hold defendants liable for damages caused by climate change. Additionally with case studies focusing on France, Germany and the United Kingdom, national law alternatives exist for individual Member States, as well as regional and local governments, to take action on behalf of their citizens for injuries resulting from climate change, just like sovereign bodies in the United States have done.

Radiation litigation and the nuclear industry--the experience in the United Kingdom.

Science.gov (United States)

Leigh, W J; Wakeford, R

2001-12-01

In the United Kingdom, the Nuclear Installations Act 1965 places a "strict" statutory duty on the operators of nuclear facilities to ensure that any exposure to radiation resulting from operations does not cause injury or damage. A claimant does not have to prove fault to receive compensation under the Act, only causation. The 1965 Act has been fundamental in shaping litigation involving the nuclear industry in the UK. Civil law cases brought under the Act will be heard before a single judge (with no jury or technical assessor) who must present his or her decision in a reasoned judgment. This process leads to a considerable volume of expert evidence being presented to the court and extensive cross-examination of witnesses. The expense and uncertain outcome of cases involving claims by nuclear workers that occupational exposure to radiation had caused the development of cancer has led to employers and trade unions setting up the voluntary Compensation Scheme for Radiation-linked Diseases as an alternative to litigation. This Scheme has worked well and is held up as a model of alternative dispute resolution. However, a few cases concerning personal injury or damage to property have come before the courts when the defendant nuclear operator considered that the claims were technically unjustified and where settlement was not a policy option. As anticipated, these cases were lengthy, complex, and expensive. The radiation doses assessed to have been received by the individuals who were the subject of claims, whether workers or members of the public, have been crucial to the outcome. The technical expertise of health physicists and allied specialists has been vital in establishing defensible estimates of dose, and this contribution can be expected to remain of high importance in radiation litigation in the UK.

Does litigation increase or decrease health care quality? A national study of negligence claims against nursing homes

Science.gov (United States)

Stevenson, David G.; Spittal, Matthew J.; Studdert, David M.

2016-01-01

Background The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. Objective To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. Research Design, Subjects, Measures We linked information on 6,471 negligence claims brought against 1,514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from two U.S. national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes’ litigation experience in the preceding 12–18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Results Nearly all combinations of the 3 litigation exposure measures and 9 quality measures—27 models in all—showed an inverse relationship between litigation costs and quality. However only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Conclusions Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly. PMID:23552438

Does litigation increase or decrease health care quality?: a national study of negligence claims against nursing homes.

Science.gov (United States)

Stevenson, David G; Spittal, Matthew J; Studdert, David M

2013-05-01

The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. We linked information on 6471 negligence claims brought against 1514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from 2 US national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes' litigation experience in the preceding 12-18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥ 1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Nearly all combinations of the 3 litigation exposure measures and 9 quality measures--27 models in all--showed an inverse relationship between litigation costs and quality. However, only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly.

Challenges to Reducing Discrimination and Health Inequity Through Existing Civil Rights Laws

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-01-01

Fifty years after the passage of Civil Rights Act, minority healthcare remains separate and unequal. We combine insights from Civil Rights Law and research on racial-disparities to understand whether stronger enforcement of existing Civil Rights laws would improve minority healthcare today, or whether complementary approaches are also necessary. Despite earlier success, modern challenges to improving minority healthcare are different than those confronted during de jure segregation. We review these challenges and the potential effectiveness of existing Civil Rights legislation in overcoming them. We conclude that enforcement could be strengthened by executive orders that strengthen existing laws, but Congressional action would be required to allow private individuals to bring suits against discriminatory providers. We contrast the relative benefits of this approach to wider non-litigation-based solutions. We conclude that a combination of the two approaches would better address the challenge of improving minority healthcare in the 21st century. PMID:28583962

MOYENS ALTERNATIFS DE RÈGLEMENT DES LITIGES: REALITÉS, PERSPECTIVES ET ENJEUX EUROPÉENS

Directory of Open Access Journals (Sweden)

Angelica ROŞU

2006-01-01

Full Text Available In Europe, the development of alternative dispute resolution is related to many circumstances.ADR techniques are being used more and more, as parties and lawyers and courts realize that these techniques can often help them resolve legal disputes faster and cheaper and more privately than can conventional litigation. More- over, many people prefer ADR approaches because they see these methods as being more creative and more focused on problem solving than litigation, which has always been based on an adversarial model.Although certain ADR techniques are well established and frequently used — for example, mediation and arbitration — alternative dispute resolution has no fixed definition.The definition of alternative dispute resolution is constantly expanding to include new techniques.

A phenomenological study of the effects of clinical negligence litigation on midwives in England: the personal perspective.

Science.gov (United States)

Robertson, Judith H; Thomson, Ann M

2014-03-01

to explore how midwives' personal involvement in clinical negligence litigation affects their emotional and psychological well-being. descriptive phenomenological study using semi-structured interviews. in-depth interviews were conducted in participants' homes or at their place of work and focused on participants' experience of litigation. Participants were recruited from various regions of England. 22 National Health Service (NHS) midwives who had been alleged negligent. unfamiliarity with the legal process when writing statements, attending case conferences and being a witness in court provoked significant stress for midwives. This was exacerbated by the prolonged nature of maternity claims. Support ranged from good to inadequate. Participants who no longer worked for the defendant Trust felt unsupported. Stress could manifest as physical and mental ill-health. Some midwives internalised the allegations of negligence believing their whole career had become worthless. Previous knowledge of the legal process ameliorated the experience. Midwives also exhibited anger and resentment when litigation concluded and some took years to heal from the experience. midwives come from a caring and relational paradigm. When interfacing with the adversarial and contentious paradigm of tort law, midwives can abreact and suffer emotional, physical and psychological harm. Support for midwives experiencing litigation must be improved. Understanding the effects of personal involvement in litigation is important in order to improve the quality of support for this group of midwives. It will also aid development of targeted education for undergraduate, post-graduate and in-service midwives. In the longer term it may help policy makers when considering reform of clinical negligence litigation and NHS employers to structure support mechanisms for staff involved. Copyright © 2013 Elsevier Ltd. All rights reserved.

Jovan Hadžić's civil procedure code draft (1845

Directory of Open Access Journals (Sweden)

Stanković Uroš

2013-01-01

Full Text Available The article sheds light on civil procedure code draft prepared by renown Serbian lawmaker Jovan Hadžić in 1845. Contrarily to Hadžić's work on producing civil code, his efforts to write civil procedure code are to a large extent obscure. Original text of the draft has not been found. Therefore, one is imposed to reconstruct it with the aid of auxiliary sources, among which the record kept by the commission tasked with revision of the draft, has prevailing significance. The author made an attempt to determine the structure of the draft, as well as the contents of its provisions as accurately as possible, wherein the remarks that the Commission had made were of most assistance. Hadžić consigned his draft to the Prince Aleksandar Karađorđević on August 4th 1845. The Draft consisted of introduction and three parts. The introduction comprised of general provisions. Therein was stipulated principle of trial by written declaration, determined five kinds of courts before which civil procedure should occur and established vacatio legis. The first and concviningly largest part of the Draft was most likely entitled 'On principal litigations and litigation evidence' ('O parnicama glavnima i parničnim dokazatelstvima'. It included diverse rules, such as proceedings before peace courts, proceedings before district courts, ordinary course of litigation (i. e. rules in terms of filing a complaint, scheduling of hearings, subpoenas delivery, procurement of evidence, trial, bankruptcy proceedings, forms of evidence, presentation of evidence and deliberation of judgment, appellate procedure, new trial and enforcement procedure. The third part subsumed the title named 'likvidacija' (literally 'liquidation', whose contents is undeterminable on the basis of existing text of the draft, resolution of bankruptcy proceedings via settlement, resolution of regular litigations via settlement, title named 'on special proceedings and advantages' ('o osobenom

Patients nord-américains et clause d'exclusion de couverture dans les polices d'assurance responsabilité civile professionnelle

OpenAIRE

Ducor, Philippe

2015-01-01

Un nombre croissant d'assureurs introduisent dans leurs polices d'assurance responsabilité civile professionnelle pour médecins des clauses visant à exclure de la couverture les litiges jugés selon le droit américain ou canadien, ou devant les tribunaux de ces pays. Ces clauses suscitent l'inquiétude de certains membres de l'AMG, qui craignent d'une part de ne pas être couverts en cas de litiges concernés par ces clauses, et d'autre part d'être sanctionnés faute de disposer d'une couverture r...

Obrigações empresariais no Novo Código Civil Corporate law and the New Brazilian Civil Code

Directory of Open Access Journals (Sweden)

Ligia Paula Pires Pinto Sica

2008-06-01

Full Text Available Tendo em vista a promulgação do novo código civil brasileiro, que reúne dispositivos que revogam o antigo código civil de 1916 e a maioria dos capítulos do código comercial de 1850, unificando-os, é importante que se frise que remanesce a diferenciação entre as matérias de direito civil e comercial, de acordo com suas lógicas peculiares. Sendo assim e tendo o novo código introduzido diversas normas de caráter geral, este trabalho pretende discutir o papel do juiz e da jurisprudência na aplicação dessas normas de maneira casuística, dando-lhes tratamentos distintos de acordo com os fatos apresentados em juízo, de forma a manter a autonomia das áreas do direito mencionadas e garantir aos agentes econômicos o grau de segurança e previsibilidade necessário às suas atuações no mercado.In regard of the enactment of the New Brazilian Civil Code, that unifies the issues treated in the old civil code from 1916 and on the majority of the chapters of the commercial code from 1850, it's important to insist that the differences between the civil and commercial law remains, according to their peculiar logics. Asitis, and as the new code brought several rules of general character, this paper intends to discuss the role of the judge and jurisprudence in the civil law system, by interpretating those rules in a casuistic manner, giving them different treatments, according to the presented facts during litigation, in a way to maintain the autonomy of the law areas mentioned above and guarantee to the economic agents the level of certainty and previsibility, needed to exercise their activities in the market.

Do fears of malpractice litigation influence teaching behaviors?

Science.gov (United States)

Reed, Darcy A; Windish, Donna M; Levine, Rachel B; Kravet, Steven J; Wolfe, Leah; Wright, Scott M

2008-01-01

Medical malpractice is prominently positioned in the consciousness of American physicians, and the perceived threat of malpractice litigation may push physicians to practice defensively and alter their teaching behaviors. The purposes of this study were to characterize the attitudes of academic medical faculty toward malpractice litigation and to identify teaching behaviors associated with fear of malpractice litigation. We surveyed 270 full-time clinically active physicians in the Department of Medicine at a large academic medical center. The survey assessed physicians' attitudes toward malpractice issues, fear of malpractice litigation, and self-reported teaching behaviors associated with concerns about litigation. Two hundred and fifteen physicians responded (80%). Faculty scored an average of 25.5 +/- 6.9 (range = 6-42, higher scores indicate greater fear) on a reliable malpractice fear scale. Younger age (Spearman's rho = 0.19, p = .02) and greater time spent in clinical activities (rho = 0.26, p Fear Scale. Faculty reported that because of the perceived prevalence of lawsuits and claims made against physicians, they spend more time writing clinical notes for patients seen by learners (74%), give learners less autonomy in patient care (44%), and limit opportunities for learners to perform clinical procedures (32%) and deliver bad news to patients (33%). Faculty with higher levels of fear on the Malpractice Fear Scale were more likely to report changing their teaching behaviors because of this perceived threat (rho = 0.38, p < .001). Physicians report changes in teaching behaviors because of concerns about malpractice litigation. Although concerns about malpractice may promote increased supervision and positive role modeling, they may also limit important educational opportunities for learners. These results may serve to heighten awareness to the fact that teaching behaviors and decisions may be influenced by the malpractice climate.

Administrative litigation systems in Europe

Directory of Open Access Journals (Sweden)

Cătălin-Silviu Săraru

2017-06-01

Full Text Available The article, analyzing the administrative litigation in the comparative law, groups the existing types of administrative litigation into four major systems, namely: a States with administrative jurisdictions who have the State Council on top, administrative body with consultative and judicial role (the French system; b States with administrative jurisdictions completely separated from the active and consultative administrations (the German system; c States with administrative jurisdictions included in the judicial system; d States with no administrative jurisdiction (English system. The administrative contentious systems analyzed have developed in line with historical evolution and legal traditions and have been continually adapted to the realities existing in each state. The manner in which the administrative contentious is regulated in a State reflects the degree of democratization of that country, the extent to which the citizen enjoys legal safeguards to defend himself against abuses by public authorities. The scientific novelty of this article is to capture the latest trends in the evolution of the administrative contentious systems analyzed. This study aims to provide an easy working tool for reforming administrative litigation on comparative law in states with young democracy. In the research we used the comparative method, the historical and the logical method.

44 CFR 5.8 - Records involved in litigation or other judicial process.

Science.gov (United States)

2010-10-01

... litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY... Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United...

49 CFR 1103.26 - Discussion of pending litigation in the public press.

Science.gov (United States)

2010-10-01

... 49 Transportation 8 2010-10-01 2010-10-01 false Discussion of pending litigation in the public... § 1103.26 Discussion of pending litigation in the public press. Attempts to influence the action and... unfair to the Board if the facts of pending litigation are made known to the public through the press in...

48 CFR 952.231-71 - Insurance-litigation and claims.

Science.gov (United States)

2010-10-01

... agencies, in connection with this contract. The Contractor shall proceed with such litigation in good faith... litigation in good faith and as directed from time to time by the Contracting Officer. (c)(1) Except as... insurance as required by law or approved in writing by the Contracting Officer. (2) The Contractor may, with...

48 CFR 970.5228-1 - Insurance-litigation and claims.

Science.gov (United States)

2010-10-01

... agencies, in connection with this contract. The Contractor shall proceed with such litigation in good faith... litigation in good faith and as directed from time to time by the Contracting Officer. (c)(1) Except as... insurance as required by law or approved in writing by the Contracting Officer. (2) The Contractor may, with...

The effect of threat of litigation on forensic pathologist diagnostic decision making.

Science.gov (United States)

Oliver, William Russell

2011-12-01

Recent litigation involving medical examiners has caused concern over certifying deaths. We administered a survey of 716 medical examiners regarding the effects of the threat of litigation. Two hundred twenty-two medical examiners responded (31%). Of those who responded, approximately 13.5% admitted to having modified their diagnostic findings due to threat of litigation, and approximately 32.5% stated these considerations would affect their decisions in the future. Physicians who indicated they had or would modify their diagnoses expressed more concern over the possibility of litigation. Chiefs of services were less likely than staff members to indicate changing diagnoses. Practitioners whose jurisdictions included rural areas were significantly more likely to indicate that litigation considerations would affect their diagnoses in the future, although this was not true with those who had already modified their diagnoses. No correlation was found with elected versus appointed positions, accreditation status, sex, race, geographic location, or board certification. Although very few medical examiners have actually been sued because of their diagnoses, a demonstrated threat of litigation has a substantial effect on diagnostic decision making.

THE ACTIVE ROLE OF THE JUDGE IN THE FIELD OF UNFAIR TERMS LITIGATION

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Liviu-Titus Paveliu

2014-11-01

Full Text Available Unfair contract terms mark a delicate area in the field of consumer protection given the premise in which the consumer finds himself. This field of private law stems from the idea that the consumer needs an enhanced protection which from a legal standpoint may consist of introducing of measures of substantial law that can provide support in the precontractual phase, with evidence and even in understanding the legal consequences at hand. At a first glance, these comprise most of the benefits a consumer is granted and may choose to utilize in a litigation procedure against a professional in case on unfair contract terms. However, there is also a lesser known benefit that comes in the form of the obligation of the national courts to sanction on its own motion and in any procedural phase the occurrence of unfair contract terms. This line of thought has support within the Romanian legal system, but the decisive arguments in this sense com in the form of the case law of the Court of Justice of the European Union from the past decades. The purpose of this paper is to analyze the hystorical evolution of the active role of the court in civil law litigation, especially from the perspective of unfair terms cases in which consumers are parties to the proceedings, and to highlight the process that the Romanian judges have to follow in solving this type of cases.

Health care litigation: the arbitration alternative for dispute resolution.

Science.gov (United States)

Cole, C A

1989-01-01

This is the second in a series of articles on health care litigation. This article focuses on the benefits of arbitration as an alternative dispute mechanism for health care providers. The use of arbitration offers speed and economy to the parties. For the health care provider, arbitration can reduce litigation expense and the likelihood of "runaway" jury verdicts.

Why Litigation-Driven History Matters: Lessons Learned from the Secret History of TCE.

Science.gov (United States)

Zahniser, Keith A

2015-02-01

Litigation drives extensive historical research but often allows only select observers to see the results. Historians have conducted untold studies for litigation that become "secret histories" because these histories are not published. An example is the historical use and regulation of the chemical trichloroethylene (TCE), a hazardous chemical at issue in much environmental litigation, but a topic virtually absent in the secondary literature. This practice seems to contravene accepted standards of open scholarship. Although not directly aligned with the traditional academic model of historical practice, however, historical research and writing for litigation achieve legitimate and important results without abandoning the discipline's professional standards. History done by consultants for litigation is neither a history of compromised standards nor as "secret" as feared.

75 FR 65013 - Access in Litigation to Confidential Business Information

Science.gov (United States)

2010-10-21

... disclose, in response to discovery requests received in the litigation styled, Tronox Incorporated, et al... litigation function on behalf of the EPA. The DOJ has been served with discovery requests seeking, among other things, documentation supporting the proofs of claim filed by the United States of America in the...

Leukaemia litigation

Energy Technology Data Exchange (ETDEWEB)

Stather, John (National Radiological Protection Board, Chilton (United Kingdom))

1993-11-01

One case of acute lymphatic leukaemia and another of non-Hodgkin's lymphoma that occurred in the Seascale area have been the subject of recent litigation in the High Court in England. The main feature of the trial was the argument by the plaintiffs' solicitors that the diseases were primarily the result of paternal preconception irradiation resulting from exposure of the fathers at the nuclear fuel reprocessing plant operated by the defendants British Nuclear Fuels plc. Judgment in favour of the defendants was given by Mr Justice French on Friday 8 October 1993. (author).

Problems of litigation in settlement of maritime disputes for Nigeria ...

African Journals Online (AJOL)

This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation's economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the ...

Can shared decision-making reduce medical malpractice litigation? A systematic review.

Science.gov (United States)

Durand, Marie-Anne; Moulton, Benjamin; Cockle, Elizabeth; Mann, Mala; Elwyn, Glyn

2015-04-18

To explore the likely influence and impact of shared decision-making on medical malpractice litigation and patients' intentions to initiate litigation. We included all observational, interventional and qualitative studies published in all languages, which assessed the effect or likely influence of shared decision-making or shared decision-making interventions on medical malpractice litigation or on patients' intentions to litigate. The following databases were searched from inception until January 2014: CINAHL, Cochrane Register of Controlled Trials, Cochrane Database of Systematic Reviews, EMBASE, HMIC, Lexis library, MEDLINE, NHS Economic Evaluation Database, Open SIGLE, PsycINFO and Web of Knowledge. We also hand searched reference lists of included studies and contacted experts in the field. Downs & Black quality assessment checklist, the Critical Appraisal Skill Programme qualitative tool, and the Critical Appraisal Guidelines for single case study research were used to assess the quality of included studies. 6562 records were screened and 19 articles were retrieved for full-text review. Five studies wee included in the review. Due to the number and heterogeneity of included studies, we conducted a narrative synthesis adapted from the ESRC guidance for narrative synthesis. Four themes emerged. The analysis confirms the absence of empirical data necessary to determine whether or not shared decision-making promoted in the clinical encounter can reduce litigation. Three out of five included studies provide retrospective and simulated data suggesting that ignoring or failing to diagnose patient preferences, particularly when no effort has been made to inform and support understanding of possible harms and benefits, puts clinicians at a higher risk of litigation. Simulated scenarios suggest that documenting the use of decision support interventions in patients' notes could offer some level of medico-legal protection. Our analysis also indicated that a sizeable

Academic Advising and Potential Litigation.

Science.gov (United States)

Schubert, Arline F.; Schubert, George W.

1983-01-01

Issues in tort and contract law and recent experiences in litigation that influence the academic adviser's responsibility are outlined, including negligence, nondisclosure and misrepresentation, defamation, written and oral contracts, and the adviser as an agent of the institution. Specific areas of adviser vulnerability are noted. (MSE)

Preventing Playground Injuries and Litigation.

Science.gov (United States)

Frost, Joe L.

1994-01-01

The typical American playground is antiquated, hazardous, and inappropriate for the developmental needs of children. The paper explains how design, installation, maintenance, and supervision are critical in preventing playground injuries and resulting litigation, noting the importance of regular training for everyone who supervises children on the…

Cerebral palsy litigation: change course or abandon ship.

Science.gov (United States)

Sartwelle, Thomas P; Johnston, James C

2015-06-01

The cardinal driver of cerebral palsy litigation is electronic fetal monitoring, which has continued unabated for 40 years. Electronic fetal monitoring, however, is based on 19th-century childbirth myths, a virtually nonexistent scientific foundation, and has a false positive rate exceeding 99%. It has not affected the incidence of cerebral palsy. Electronic fetal monitoring has, however, increased the cesarian section rate, with the expected increase in mortality and morbidity risks to mothers and babies alike. This article explains why electronic fetal monitoring remains endorsed as efficacious in the worlds' labor rooms and courtrooms despite being such a feeble medical modality. It also reviews the reasons professional organizations have failed to condemn the use of electronic fetal monitoring in courtrooms. The failures of tort reform, special cerebral palsy courts, and damage limits to stem the escalating litigation are discussed. Finally, the authors propose using a currently available evidence rule-the Daubert doctrine that excludes "junk science" from the courtroom-as the beginning of the end to cerebral palsy litigation and electronic fetal monitoring's 40-year masquerade as science. © The Author(s) 2014.

Communication Needs of Thai Civil Engineering Students

Science.gov (United States)

Kaewpet, Chamnong

2009-01-01

This article reports on an examination of the communication needs of a group of Thai civil engineering students. Twenty-five stakeholders helped identify the communication needs of the students by participating in individual interviews. These included employers, civil engineers, civil engineering lecturers, ex-civil engineering students of the…

After Halliburton: Event Studies and Their Role in Federal Securities Fraud Litigation

NARCIS (Netherlands)

J.E. Fisch (Jill); J.B. Gelbach (Jonah); J.M. Klick (Jonathan)

2016-01-01

markdownabstractEvent studies have become increasingly important in securities fraud litigation after the Supreme Court’s decision in Halliburton II. Litigants have used event study methodology, which empirically analyzes the relationship between the disclosure of corporate information and the

46 CFR 326.7 - Litigation.

Science.gov (United States)

2010-10-01

... INSURANCE UNDER AGREEMENTS WITH AGENTS § 326.7 Litigation. (a) If a court suit of a P&I nature is filed... insurance, the Agent shall immediately forward copies of the pleading and all other related legal documents... claim of a P&I nature, unless approved in advance by MARAD, and by the underwriter, where applicable...

GUARANTEES OF THE RIGHT TO A FAIR CIVIL TRIAL

Directory of Open Access Journals (Sweden)

Diana-Loredana Jalbă

2015-11-01

Full Text Available In order to ensure the effective protection of human rights and provide for more than theoretical and illusory substantive rights, the need to define the right to a fair trial is emerging, along with the necessity that litigants become aware of the guarantees established by article 6 of the European Convention on Human Rights. Thus, the article aims to approach the ample issue regarding the litigants’ right to a fair civil trial in light of current legal regulations, and in particular, in light of the jurisprudence of the European Court of Human Rights. Given the fact that the right to a fair civil trial involves establishing, throughout the trial, a set of rules of procedure aimed at creating a balance between the parties in the process - the so-called guarantees of a fair trial - in her scientific pursuits, the author analyzes both explicit and implicit guarantees of fair trial, highlighting relevant European standards as well as their degree of implementation in the national (procedural law.

The significance of radiological control documentation in litigation

International Nuclear Information System (INIS)

Lodde, G.M.; Murphy, T.D.

1988-01-01

Commercial nuclear facilities accumulate radiological control program data and documents generated and retained pursuant to regulatory, license, and technical specification requirements. During and following the Three Mile Island Unit 2 (TMI-2) accident, many documents were produced that would not normally have been produced. Shortly after the accident, the US Nuclear Regulatory Commission (NRC) issued an order requiring the retention of all data, including documentary material and physical samples relating to the TMI-2 accident (44 Fed. Reg. 30788, May 29, 1979). Three years later, the NRC vacated the requirement to retain catalogued physical samples, provided the radioactivity data had been properly recorded, allowing disposal of many samples. After the TMI-2 accident, GPU Nuclear Corporation (GPU) designed and implemented an effective and efficient record management program for TMI. This Computer-Assisted Records and Information Retrieval System (CARIRS) was developed to assess the official record for TMI, which is maintained as a microform. GPU also retains hard copies of selected radiological control documents for potential litigation. This paper describes the use of radiological control documentation in the postaccident litigation and the magnitude of document production required to support that litigation

An overview of Medicaid managed care litigation.

Science.gov (United States)

Rosenbaum, S; Teitelbaum, J; Kirby, C; Priebe, L; Klement, T

1998-11-01

Since the enactment of Medicaid in 1965, states have had the option of offering beneficiaries enrollment in managed care arrangements. With the advent of mandatory managed care reaching millions of beneficiaries (including a growing proportion of disabled recipients), the amount and scope of litigation involving Medicaid managed care plans can be expected to grow. A review of the current litigation regarding Medicaid managed care reveals two basic types of lawsuits: (1) those that challenge the practices of managed care companies under various federal and state laws that safeguard consumer rights, protect health care quality, and prohibit discrimination; and (2) suits that assert claims arising directly under the Medicaid statute and implementing regulations, as well as claims related to Constitutional safeguards that undergird the program. Lawsuits asserting claims arising under Medicaid tend to raise two basic questions: (1) the extent to which enrollment in a Medicaid managed care plan alters existing Medicaid beneficiary rights and state agency duties under federal or state Medicaid law; and (2) the extent to which managed care companies, as agents of the state, act under "color of law" (i.e., undertaking to perform official duties or acting with the imprimatur of state authority). Additionally, states might see an increase in litigation brought by prospective and current contractors who assert that they have been wrongfully denied contracts or improperly penalized for poor performance. These assertions may involve claims that are grounded in federal and state law, the Medicaid statute, and the Constitution. Moreover, in light of the consumer protection elements of the managed care reforms contained in the Balanced Budget Act, future managed care litigation may focus on the manner in which companies carry out states' obligations toward managed care enrollees. Resolution of Medicaid managed care cases involves the application of general principles of

Aggresive tax planning, beps and Litigation

Directory of Open Access Journals (Sweden)

José María LAGO MONTERO

2016-03-01

Full Text Available These article thinks about aggressive tax planning and the OECD plan BEPS to fight it, Base Erosion and Profit Shifting. It is also analysed the litigation that the simultaneus application general and specific antiabuse clauses would induced in the struggle againstfiscal avoid/evasion strategies.

22 Emergency department litigation and coroner's inquests: a ten year analysis.

Science.gov (United States)

Tilbury, Nicholas; Tabner, Andrew; Johnson, Graham

2017-12-01

The burden of litigation within the NHS should not be underestimated. Indemnity costs rise in response to the rising frequency and costs of claims, with recent changes to the discount rate projected to increase NHS Litigation Authority (NHSLA) costs by £1 Billion per year. Litigation also has a significant psychological impact on staff. This study represents the first examination of litigation and Coroner's 'Prevention of Future Deaths' reports relating to emergency department care in the UK. Using the Freedom of Information (FOI) Act (2000) we submitted data requests to both the NHSLA and the Ministry of Justice (MoJ).The NHSLA provided data concerning ED litigation claims between 2006 and 2015 including:Number of claims by yearNumber of successful and unsuccessful claims by yearNumber of settled claimsCost of claims (including defence costs, claimant costs and damages awarded)The MoJ provided data concerning PFD reports issued to EDs between 2006 and 2016. Data concerning PFD reports issued between 2012 and 2015 were extracted from the MoJ website. Data included:Report dateAge and gender of the deceasedReport summary RESULTS: The total number of ED litigation claims made between 2006 and 2015 was 10,040; 5745 (57.2%) resulted in a financial settlement. The number of claims successfully settled ranged from 382 in 2005/06 to 830 in 2014/15 with an upward trend throughout the decade. The mean cost of a successful claim was £114,029; increasing from £66 754 in 2005/06 to £1 41 027 in 2014/15, a 111% increase. Delay/failure in diagnosis was the most common cause for litigation (4318 [44.5%]) and PFD reports (15 [21%]).A total of 70 PFD reports were issued within the study period; there was no trend in the number of reports issued per year. The greatest number of reports were issued in 2014 (18), far exceeding any other year. Annual claim numbers have increased by 117% over the study period and mean claim cost has increased by 111% (far in excess of any rise

Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes.

Science.gov (United States)

Wingate, Peter H; Thornton, George C; McIntyre, Kelly S; Frame, Jennifer H

2003-02-01

The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.

Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part IV--Sport Groups

Science.gov (United States)

Lieberman, Lauren; Lucas, Mark; Jones, Jeffery; Humphreys, Dan; Cody, Ann; Vaughn, Bev; Storms, Tommie

2013-01-01

"Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part IV--Sport Groups" provides the the following articles: (1) "Sport Programming Offered by Camp Abilities and the United States Association for Blind Athletes" (Lauren Lieberman and Mark…

Drospirenone Litigation: Does the Punishment Fit the Crime?

Science.gov (United States)

Batur, Pelin; Casey, Petra M

2017-02-01

There has been much controversy in the scientific literature and lay press about the potential for increased relative risks (RRs) of venous thromboembolism associated with certain contraceptives over others. This commentary reviews the conflicting data on drospirenone's relative venous and arterial risks and summarizes the details of over two billion dollars in litigation surrounding the use of these products. The current legal environment supports litigation focused on small potential RRs, associated with even smaller absolute risks. The absolute risks of venous and arterial thrombotic events in drospirenone users are low and comparable to that of other combined hormonal contraceptives. Women should have access to a wide array of contraceptive choices, including those containing drospirenone.

Some aspects of education litigation since 1994: Of hope, concern and despair

Directory of Open Access Journals (Sweden)

Johan Beckmann

2015-02-01

Full Text Available In this article we report on qualitative research in which we probed the opinions and views of a purposive sample of high-profile and influential role players in education about aspects of education litigation in South Africa since 1994. This year marked the transition to a democratic government in South Africa, and resulted in a new education system, which has led to a great deal of litigation, as was to be expected. Our participants were personally involved in litigation in various capacities. Their responses to our questions reflected hope, but also concern, and even despair. In their opinions almost all of the disputes were between the state and its citizens, and that the state lost virtually all cases. State officials often ignored legal advice and acted on "imagined powers", causing embarrassment to the state where they seemed insensitive to the needs of the people, and sometimes deliberately transgressed prescripts and provisions, abandoning its mandate to children and the country more broadly. There is extreme concern about the tendency of officials to ignore court orders. No lessons seem to have been learned from judgments and infractions of the same kind occur repeatedly - even if litigation seems to have consumed between 4-6% of the education budget. There was surprise that cases dealt almost exclusively with disputes about stake-holders' powers, and that few human rights and social issues have been litigated. Furthermore, individual officials that seemed to suffer no consequences from their unlawful actions and showed an apparent lack of professionalism to acquaint themselves with the legal prescripts that govern their professional work, caused concern for our respondents, as did the destructive role that unions and politicians seemed to play in education. However, litigation has nonetheless led to the clarification of some issues.

Analysis of Playground Injuries and Litigation.

Science.gov (United States)

Frost, Joe L.

A study analyzed 82 cases of playground injuries and litigation (including 7 fatalities) in 28 states. In order of frequency, injuries happened in public schools, public parks, child care centers, apartment complexes, fast food restaurants, backyards, recreation camps, state parks, and state schools. Sixty-five percent of all injuries resulted…

Acts of God, human influence and litigation

Science.gov (United States)

Marjanac, Sophie; Patton, Lindene; Thornton, James

2017-09-01

Developments in attribution science are improving our ability to detect human influence on extreme weather events. By implication, the legal duties of government, business and others to manage foreseeable harms are broadening, and may lead to more climate change litigation.

Performance evaluation of court in construction claims settlement of litigation

Science.gov (United States)

Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief

2017-06-01

Claim construction has a major influence on the implementation of projects, such as the cost and time. The success of the construction project is highly dependent on the effective resolution of claims. Although it has been recognized that litigation or court is not the best way because it may reduce or eliminate profits and damage the relationship, it is a method of resolving claims and disputes that is common in the world of construction. The method of resolving claims and disputes through litigation or court may solve the problem in an alternative method, namely the implementation of the judgment which can be enforced effectively against the losing party and the ruling which has the force of law of the country where the claims and disputes are examined. However, litigation or court may take longer time and require high cost. Thus, it is necessary to identify factors affecting the performance of the court and to develop a system capable of improving an existing system in order to run more effectively and efficiently. Resolution in the claims management of construction projects with the method of litigation is a procedure that can be used by the courts in order to shorten the time in order to reduce the cost. The scope of this research is directed to all parties involved in the construction, both the owners and the contractors as implementers and practitioners, as well as experts who are experienced in construction law.

Analysis of Surgical Outcomes and Determinants of Litigation Among Women With Transvaginal Mesh Complications.

Science.gov (United States)

Zoorob, Dani; Karram, Mickey; Stecher, Anna; Maxwell, Rose; Whiteside, James

To identify litigation predictors among women with complications of transvaginal mesh. Chart review and patient survey were conducted among women who had undergone a complication-related explant of a transvaginal prolapse or incontinence sling mesh. Trained study personnel administered a 57-question survey addressing subjective complaints related to bowel, bladder, sexual dysfunction, and development of pain or recurrent prolapse. These data were analyzed with respect to the subject's reported pursuit of litigation related to the mesh complication. Categorical and continuous variables were analyzed using the χ test and the t test as indicated. Ninety-five (68%) of 139 women completed the surveys with 60% of the patients pursuing litigation at the time of the survey. Individual risk factors for pursuing litigation included development of vaginal pain after mesh placement (P = 0.01); dyspareunia after mesh placement (P = 0.01); persistence of dyspareunia, suprapubic pain, and groin pain after mesh excision (P = 0.04, P = 0.02, and P = 0.001, respectively); unsuccessful attempts at conservative management of pelvic pain using pelvic floor rehabilitation (P = 0.002). There is an association between a higher likelihood of pursuing litigation and new-onset or persistent pain symptoms attributable to transvaginal mesh.

Litigation as TB Rights Advocacy

Science.gov (United States)

2016-01-01

Abstract One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies. PMID:27781000

ORGANIZATIONAL LEARNING IN RARE EVENTS: THE CASE OF LEARNING TO LITIGATE INTELLECTUAL PROPERTY (IP)

DEFF Research Database (Denmark)

Andersen, Kristina Vaarst; Beukel, Karin; Tyler, Beverly

This study proposes that firms can learn from previous litigations, despite litigation being a rare event. Firms learn because the verdicts are unambiguous and provide detailed and precise feedback on the linkages between argumentation, evidence and the outcome. Furthermore, firms’ successful app...

A Proposed Interdisciplinary Curriculum in Forensic Kinesiology

Science.gov (United States)

Holt, Laurence E.; Pelham, Thomas W.; Holt, Jason

2011-01-01

To meet the ever-increasing demand for expertise in human movement as applied to civil and criminal litigation, both private and public organizations have begun to seek the help of highly trained kinesiology specialists with advanced graduate-level university education and training. This paper will begin by identifying the key elements of the…

Assessing Impression Management With the MMPI-2 in Child Custody Litigation.

Science.gov (United States)

Arce, Ramón; Fariña, Francisca; Seijo, Dolores; Novo, Mercedes

2015-12-01

Forensic psychological evaluation of parents in child custody litigation is primarily focused on evaluating parenting capacity and underreporting. The biased responses of underreporting have been classified as Impression Management (IM) or as Self-Deceptive Positivity (S-DP), which are regarded to be conscious or unconscious in nature, respectively. A field study was undertaken to assess impression management on the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) in child custody cases, the accuracy of the MMPI-2 scales in classifying IM, and what parents in child custody litigation actually manipulate in terms of IM. A total of 244 parents in child custody litigation and 244 parents under standard instructions were administered the MMPI-2. The results revealed that the L, Mp, Wsd, and Od scales discriminated between both samples of parents; the rate of satisfactory classification (i.e., odds ratio ranged from 5.7 for Wsd to 23.3 for Od) and an incremental validity of Od over Mp and Wsd. As for the effects of IM, the results show IM effects in the Basic Clinical Scales, the Restructured Clinical Scales, the Personality Psychopathology Five Scales, the Content Scales, and the Supplementary Scales. The implications of the results are discussed in relation to the forensic evaluation of parents in child custody litigation. © The Author(s) 2014.

The evaluation of sexual harassment litigants: reducing discrepancies in the diagnosis of posttraumatic stress disorder.

Science.gov (United States)

Lawson, Angela K; Wright, Caroline Vaile; Fitzgerald, Louise F

2013-10-01

Relatively few targets of sexual harassment cope with the psychological sequelae of their experiences by engaging in litigation. Those who do are often subjected to forensic examination to evaluate their history of psychological distress or disorder and to determine whether such a condition could be reasonably attributed to the alleged harassment, as opposed to some other cause. An unbiased approach to such examinations is critical to all parties, as well as to the profession itself. This study investigates the relationship between the clinical and restructured clinical scales of the Minnesota Multiphasic Personality Inventory-2, the Trauma Symptom Inventory subscales, the Crime-Related Posttraumatic Stress Disorder (CR-PTSD) scale, and an American Psychiatric Association diagnosis (APA, Diagnostic and statistical manual of mental disorders; DSM-IV-TR; 4th ed., text rev., 2000, Washington, DC, Author) of PTSD in a sample of sexual harassment plaintiffs. All measures performed well independently, but together provided improved predictive accuracy, suggesting that the use of multiple validated measures as well as structured diagnostic interviews may help us better understand litigants' experiences and reduce bias in evaluations. PsycINFO Database Record (c) 2013 APA, all rights reserved

Promoting Civil Discourse in the Classroom

Science.gov (United States)

Birnie, Billie F.

2016-01-01

Teachers are responsible for what happens in their classrooms, and promoting civil discourse should be among their top priorities. Not only should they model civil speech and behavior, but they also should establish clear boundaries for students, create a climate that nourishes courteous exchange, and help students build vocabularies that enable…

Managing clinical negligence litigation and costs in the NHS.

Science.gov (United States)

Tingle, John

2016-11-24

John Tingle, Reader in Health Law, Nottingham Trent University, discusses recent Government proposals to improve NHS maternity services and make changes to litigation and patient safety investigation procedures.

Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities.

Science.gov (United States)

Hull, Helia Garrido

2016-01-01

This Article addresses the need to reform the ADA to prevent vexatious litigation and to promote the underlying goals of the Act. Part I of this Article introduces the topic of vexatious litigation and the importance of remedying the effects of exploitation of the ADA. Part II provides an overview of the ADA and its efforts to increase accessibility to individuals with disabilities, emphasizing the provisions of the Act that create incentives to engage in vexatious litigation. Part III examines and analyzes the judiciary's response to vexatious litigation under the ADA, and sanctions that have been issued to limit exploitation. Finally, Part IV provides recommendations to reform the ADA and state disability law counterparts, suggests corrective actions to address vexatious litigation, and identifies methods to promote equality for individuals with disabilities.

28 CFR Appendix to Subpart B of... - Redelegation of Authority to the Deputy Assistant Attorney General for Litigation, Antitrust...

Science.gov (United States)

2010-07-01

... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... Assistant Attorney General for Litigation, Antitrust Division, To Authorize Production or Disclosure of... described in 28 CFR 16.21(a) is hereby redelegated to the Deputy Assistant Attorney General for Litigation...

Chronic pain, work performance and litigation.

Science.gov (United States)

Blyth, Fiona M; March, Lyn M; Nicholas, Michael K; Cousins, Michael J

2003-05-01

The overall population impact of chronic pain on work performance has been underestimated as it has often been described in terms of work-related absence, excluding more subtle effects that chronic pain may have on the ability to work effectively. Additionally, most studies have focussed on occupational and/or patient cohorts and treatment seeking, rather than sampling from the general population. We undertook a population-based random digit dialling computer-assisted telephone survey with participants randomly selected within households in order to measure the impact of chronic pain on work performance. In addition, we measured the association between pain-related disability and litigation. The study took place in Northern Sydney Health Area, a geographically defined urban area of New South Wales, Australia, and included 484 adults aged 18 or over with chronic pain. The response rate was 73.4%. Working with pain was more common (on an average 83.8 days in 6 months) than lost work days due to pain (4.5 days) among chronic pain participants in full-time or part-time employment. When both lost work days and reduced-effectiveness work days were summed, an average of 16.4 lost work day equivalents occurred in a 6-month period, approximately three times the average number of lost work days. In multiple logistic regression modelling with pain-related disability as the dependent variable, past or present pain-related litigation had the strongest association (odds ratio (OR)=3.59, P=0.001). In conclusion, chronic pain had a larger impact on work performance than has previously been recognised, related to reduced performance while working with pain. A significant proportion were able to work effectively with pain, suggesting that complete relief of pain may not be an essential therapeutic target. Litigation (principally work-related) for chronic pain was strongly associated with higher levels of pain-related disability, even after taking into account other factors

Poor Agreement Among Expert Witnesses in Bile Duct Injury Malpractice Litigation An Expert Panel Survey

NARCIS (Netherlands)

de Reuver, Philip R.; Dijkgraaf, Marcel G. W.; Gevers, Sjef K. M.; Gouma, Dirk J.

2008-01-01

Objective: To determine the inter-rater agreement of expert witness testimonies in bile duct injury malpractice litigation. Background Data: Malpractice litigation is an increasing concern in modem surgical practice. As most of the lawyers are not educated in medicine, expert witnesses are asked to

Poor agreement among expert witnesses in bile duct injury malpractice litigation: an expert panel survey.

NARCIS (Netherlands)

Reuver, P.R. de; Dijkgraaf, M.G.; Gevers, S.K.; Gouma, D.J.; Bleichrodt, R.P.; Cuesta, M.A.; Erp, W.F. van; Gerritsen, J.; Hesselink, E.J.; Laarhoven, C.J.H.M. van; Lange, J. de; Obertop, H.; Stassen, L.P.; Terpstra, O.T.; Tilanus, H.W.; Vroonhoven, T.J.; Wit, L. de

2008-01-01

OBJECTIVE: To determine the inter-rater agreement of expert witness testimonies in bile duct injury malpractice litigation. BACKGROUND DATA: Malpractice litigation is an increasing concern in modern surgical practice. As most of the lawyers are not educated in medicine, expert witnesses are asked to

Civil liability and nuclear coverage: synthesis report

International Nuclear Information System (INIS)

1995-01-01

The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

[Litigation and the right to health in Argentina].

Science.gov (United States)

Gotlieb, Verónica; Yavich, Natalia; Báscolo, Ernesto

2016-01-01

This article explores the characteristics of lawsuits for obtaining access to healthcare through the Argentine Supreme Court and reflects on the potential to influence health rights and equity in a context of growing litigation. An analysis of documents from 125 lawsuits with verdicts issued from 1994 to 2013 showed a majority of individual claims (88% of claimants were individual physical persons), and of claimants covered by social security or private insurance (64%) with typical private legal counsel (87% claiming coverage of a medical service). 75% of the verdicts simply ordered the provision of the claimed health services, without highlighting failures in the healthcare system or mandating measures to promote equity and guarantee the right to health for other persons subject to the same situation as the claimant. Thus far, litigation in health has failed to actively promote either health equity, the right to health, or inter-institutional dialogue.

Financing Educational Facility Construction: Prevailing Wage Litigation.

Science.gov (United States)

Goldblatt, Steven M.; Wood, R. Craig

This chapter presents an up-to-date analysis of prevailing state wage laws that affect educational facility construction or renovation and highlights relevant prevailing wage litigation in many states. Currently, 13 states have no prevailing wage laws for public works. The other 37 states and the District of Columbia do have prevailing wage laws…

Beyond Litigation: The Need for Creativity in Working to Realise Environmental Rights

Directory of Open Access Journals (Sweden)

Lisa Chamberlain

2017-06-01

Full Text Available Environmental harm is one of the biggest challenges facing communities living in poverty across the world. Unfortunately, in developing strategies to combat environmental harm, the lawyers that support such communities often tend to focus purely on litigation. Yet there are many reasons why litigation is not ideally suited to the environmental context. These reasons include the need for speed in order to avert irreversible harm quickly, the difficulty in quantifying and proving environmental harm using conventional legal tests, the very technical subject matter with which judges are often unfamiliar and the challenge of securing scientific experts. Fortunately litigation is not the only option, and a wealth of alternative strategies to realise environmental rights exist. Using the campaign to protect the Mapungubwe World Heritage Site in South Africa as a case study, this article will examine three such alternatives: namely the linkages between advocacy campaigns and company share price, community learning exchanges and an interesting model for collaboratively monitoring compliance by mining companies.

Holistic Development: Muslim Women's Civil Society Groups in ...

African Journals Online (AJOL)

Holistic Development: Muslim Women's Civil Society Groups in Nigeria, Ghana and Tanzania. ... we conceptualize economic and political participation and measure inequality. ... Tanzania to help develop mechanisms for sustainable economic growth and ... Keywords: African women, muslim women, civil society, economic ...

Litigation-proof patents: avoiding the most common patent mistakes

National Research Council Canada - National Science Library

Goldstein, Larry M

2014-01-01

"Litigation-Proof Patents: Avoiding the Most Common Patent Mistakes explains the principles of excellent patents, presents the ten most common errors in patents, and details a step-by-step method for avoiding these common errors...

Are litigation and collective bargaining complements or substitutes for achieving gender equality? A study of the British Equal Pay Act

OpenAIRE

Simon Deakin; Sarah Fraser Butlin; Colm McLaughlin; Aleksandra Polanska

2015-01-01

We present a socio-legal case study of the recent equal pay litigation wave in Britain, which saw an unprecedented increase in the number of claims, triggered in part by the entry of no-win, no-fee law firms into this part of the legal services market. Although the rise in litigation led to greater adversarialism in pay bargaining, litigation and collective bargaining mostly operated as complementary mechanisms in advancing an equality agenda. Litigation may be a more potent agent for socia...

A neoliberalisation of civil society? Self-help groups and the labouring class poor in rural South India.

Science.gov (United States)

Pattenden, Jonathan

2010-01-01

This paper notes the prominence of self-help groups (SHGs) within current anti-poverty policy in India, and analyses the impacts of government- and NGO-backed SHGs in rural North Karnataka. It argues that self-help groups represent a partial neoliberalisation of civil society in that they address poverty through low-cost methods that do not challenge the existing distribution of power and resources between the dominant class and the labouring class poor. It finds that intra-group savings and loans and external loans/subsidies can provide marginal economic and political gains for members of the dominant class and those members of the labouring classes whose insecure employment patterns currently provide above poverty line consumption levels, but provide neither material nor political gains for the labouring class poor. Target-oriented SHG catalysts are inattentive to how the social relations of production reproduce poverty and tend to overlook class relations and socio-economic and political differentiation within and outside of groups, which are subject to interference by dominant class local politicians and landowners.

An insight into medical malpractice and litigation | Aimakhu ...

African Journals Online (AJOL)

Medical malpractice otherwise known as a breach of professional obligation and negligence of duty by medical practitioners has been identified as the major cause of emerging medical litigation in Nigeria. Medical personnel must be aware in their practice that patients are becoming more aware of their rights. The public ...

48 CFR 352.233-71 - Litigation and claims.

Science.gov (United States)

2010-10-01

... the action in good faith. The Government shall not be liable for the expense of defending any action... compensated by insurance which was required by law or regulation or by written direction of the Contracting... FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Texts of Provisions and Clauses 352.233-71 Litigation...

Decision making in civil disputes

Directory of Open Access Journals (Sweden)

Victoria Gilliland

2008-10-01

Full Text Available The present study investigates the effect of framing and legal role on the propensity to accept a settlement offer by litigants in a simulated legal dispute. Participants were given four different scenarios that factorially combined legal role (plaintiff vs. defendant and frame (positive vs. negative. The results indicated that positively framed litigants were more willing to settle than negatively framed litigants independently of legal role. These results were replicated in a second experiment that also asked participants to state their subjective probability of winning. This revealed that the propensity to settle was a joint function of frame and the perceived chance of winning. In contrast to previous research, no systematic effect of legal role was found. It is concluded that the rate of negotiated settlements of legal disputes may be increased by manipulating both of these factors.

School Finance Litigation in a Post-Rodriguez Era

Science.gov (United States)

Browning, R. Stephen

1974-01-01

Summarizes the pertinent rulings of the U.S. Supreme Court in Rodriguez, examines the impact of Rodriguez on future education reform litigation in Federal courts, discusses the potential impact that Rodriguez will have on law suits challenging tax related education inequalities, and examines the impact of the Rodriguez decision on State court…

Plagiarism Litigation Trends in the USA and Australia

Science.gov (United States)

Mawdsley, Ralph D.; Cumming, J. Joy

2008-01-01

In this article we explore the increasing complexity of plagiarism litigation in the USA and Australia. Plagiarism has always been a serious academic issue and academic staff and students have wrestled with its definition and appropriate penalties for some time. However, the advent of the Internet and more freely accessible information resources,…

Litigations and the Obstetrician in Clinical Practice | Adinma | Annals ...

African Journals Online (AJOL)

Litigation in obstetrics can be prevented through the Obstetrician's mindfulness of its possibility; acquainting themselves of the medical laws and guidelines related to their practice; ensuring adequate communication with, and consent of patients during treatment together with proper and correct documentation of cases.

Supplanting the Venom of Litigation with Alternative Dispute Resolution: The Role of Counsellors and Guidance Professionals

Science.gov (United States)

Udoh, Nsisong Anthony; Sanni, Kudirat Bimbo

2015-01-01

This literature review attempts to interface counselling with alternative legal practice. The authors proceed by contrasting the adversarial nature of litigation with the conciliatory nature of alternative dispute resolution (ADR) with a view to encouraging seekers of dispute resolution to opt for ADR in lieu of litigation. The paper discusses the…

Cleft Lip and Cleft Palate Surgery: Malpractice Litigation Outcomes.

Science.gov (United States)

Justin, Grant A; Brietzke, Scott E

2017-01-01

  This study examined malpractice claims related to cleft lip and cleft palate surgery to identify common allegations and injuries and reviewed financial outcomes.   The WestlawNext legal database was analyzed for all malpractice lawsuits and settlements related to the surgical repair of cleft lip and palate.   Inclusion criteria included patients undergoing surgical repair of a primary cleft lip or palate or revision for complications of previous surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes.   A total of 36 cases were identified, with 12 unique cases from 1981 to 2006 meeting the inclusion criteria. Six cases (50%) were decided by a jury and six by settlement. Five cases involved complications related to the specific surgery, and the other seven were associated with any surgery and perioperative care of children and adults. Cleft palate repair (50%) was the most frequently litigated surgery. Postoperative negligent supervision was the most common allegation (42%) and resulted in a payout in each case (mean = $3,126,032). Death (42%) and brain injury (25%) were the most frequent injuries reported. Financial awards were made in nine cases (after adjusting for inflation, mean = $2,470,552, range = $0 to $7,704,585). The awards were significantly larger for brain injury than other outcomes ($4,675,395 versus $1,368,131 after adjusting for inflation, P = .0101).   Malpractice litigation regarding cleft lip and palate surgery is uncommon. However, significant financial awards involving perioperative brain injury have been reported.

Civil Religious Dynamics in José Craveirinha's Aesthetisised ...

African Journals Online (AJOL)

This paper is about the way in which Craveirinha's aesthetic representation in Karingana-Ua-Karingana, Xigubo and Cela 1, helped gather a shared repertoire near the will (longings, desires, wishes) of many Mozambicans – the organic civil religion, into a coherent political project – the instrumental civil religion. That is ...

Medical Litigation Across Specialties

LENUS (Irish Health Repository)

Murphy, JFA

2013-07-01

Medical negligence is a major cause of fear and anxiety for doctors. The threat of malpractice consists of 3 factors, the risk of a claim, the probability of a claim leading to a payment, and the size of the payment. The Clinical Indemnity Scheme (CIS) insures against indemnity payments but it cannot protect the doctor against the indirect consequences of litigation including stress, the long hours mounting a defence against the allegation, and the damage to one’s reputation. The adversarial tort system focuses on punishment, blame and compensation. The emotional anguish and potential damage to the doctor’s reputation can be considerable. Doctors subjected to malpractice suits regardless of the outcome may experience depression, anger, frustration and excessive use of alcohol

MMPI-2-RF Characteristics of Custody Evaluation Litigants

Science.gov (United States)

Archer, Elizabeth M.; Hagan, Leigh D.; Mason, Janelle; Handel, Richard; Archer, Robert P.

2012-01-01

The Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) is a 338-item objective self-report measure drawn from the 567 items of the MMPI-2. Although there is a substantial MMPI-2 literature regarding child custody litigants, there has been only one previously published study using MMPI-2-RF data in this population that…

The Court versus Consent Decrees? Schools, "Horne v. Flores" and Judicial Strategies of Institutional Reform Litigation

Science.gov (United States)

Chilton, Bradley; Chwialkowski, Paul

2014-01-01

Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

Refractive Surgery: Malpractice Litigation Outcomes.

Science.gov (United States)

Custer, Benjamin L; Ballard, Steven R; Carroll, Robert B; Barnes, Scott D; Justin, Grant A

2017-10-01

To review data on malpractice claims related to refractive surgery to identify common allegations and injuries and financial outcomes. The WestlawNext database was reviewed for all malpractice lawsuits/settlements related to refractive eye surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes. A total of 167 cases met the inclusion criteria, of which 108 cases (64.7%) were found to be favorable and 59 cases (35.3%) unfavorable to the defendant. A total of 141 cases were tried by a jury with 108 cases (76.4%) favorable and 33 cases (23.6%) unfavorable to the defendant. Laser in situ keratomileusis was performed in 127 cases (76%). The most common allegations were negligence in treatment or surgery in 127 cases (76%) and lack of informed consent in 83 cases (49.7%). For all cases, the need for future surgery (P = 0.0001) and surgery resulting in keratoconus (P = 0.05) were more likely to favor the plaintiff. In jury verdict decisions, cases in which failure to diagnose a preoperative condition was alleged favored the defendant (P = 0.03), whereas machine malfunction (P = 0.05) favored the plaintiff. After adjustment for inflation, the overall mean award was $1,287,872. Jury verdicts and settlements led to mean awards of $1,604,801 and $826,883, respectively. Malpractice litigation in refractive surgery tends to favor the defendant. However, large awards and settlements were given in cases that were favorable to the plaintiff. The need for future surgery and surgery leading to keratoconus increased the chance of an unfavorable outcome.

The Expected Net Present Value of Developing Weight Management Drugs in the Context of Drug Safety Litigation.

Science.gov (United States)

Chawla, Anita; Carls, Ginger; Deng, Edmund; Tuttle, Edward

2015-07-01

Following withdrawals, failures, and significant litigation settlements, drug product launches in the anti-obesity category slowed despite a large and growing unmet need. Litigation concerns, a more risk-averse regulatory policy, and the difficulty of developing a product with a compelling risk-benefit profile in this category may have limited innovators' expected return on investment and restricted investment in this therapeutic area. The objective of the study was to estimate perceived manufacturer risk associated with product safety litigation and increased development costs vs. revenue expectations on anticipated return on investment and to determine which scenarios might change a manufacturer's investment decision. Expected net present value of a weight-management drug entering pre-clinical trials was calculated for a range of scenarios representing evolving expectations of development costs, revenue, and litigation risk over the past 25 years. These three factors were based on published estimates, historical data, and analogs from other therapeutic areas. The main driver in expected net present value calculations is expected revenue, particularly if one assumes that litigation risk and demand are positively correlated. Changes in development costs associated with increased regulatory concern with potential safety issues for the past 25 years likely did not impact investment decisions. Regulatory policy and litigation risk both played a role in anti-obesity drug development; however, product revenue-reflecting efficacy at acceptable levels of safety-was by far the most important factor. To date, relatively modest sales associated with recent product introductions suggest that developing a product that is sufficiently efficacious with an acceptable level of safety continues to be the primary challenge in this market.

THE EXECUTION INSTANCE OF THE JUDICIAL JUDGEMENTS SENTENCED IN THE LITIGATIONS OF ADMINISTRATIVE CONTENTIOUS

Directory of Open Access Journals (Sweden)

ADRIANA ELENA BELU

2012-05-01

Full Text Available The instance which solved the fund of the litigation rising from an administrative contract differs depending on the material competence sanctioned by law, in contrast to the subject of the commercial law where the execution instance is the court. In this matter the High Court stated in a decision1 that in a first case the competence of solving the legal contest against the proper forced execution and of the legal contest that has in view the explanation of the meaning of spreading and applying the enforceable title which does not proceed from a jurisdiction organ is in the authority of the court. The Law of the Administrative Contentious no 554/2004 defines in Article 2 paragraph 1 letter t the notion of execution instance, providing that this is the instance which solved the fund of the litigation of administrative contentious, so even in the case of the administrative contracts the execution instance is the one which solved the litigation rising from the contract. Corroborating this disposal with the ones existing in articles 22 and 25 in the Law, it can be shown that no matter the instance which decision is an enforceable title, the execution of the law will be done by the instance which solved the fund of the litigation regarding the administrative contentious.

Educational Adequacy Litigation in the American South: 1973-2009

Science.gov (United States)

Dishman, Mike; Redish, Traci

2010-01-01

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

They would if they could: class, gender, and popular representation of English divorce litigation, 1858-1908.

Science.gov (United States)

Savage, Gail

2011-01-01

A systematic sample of the petitions presented to the English Divorce Court from 1858 through 1908 makes it possible to assess the differential contribution of discrete social and economic subgroups to the litigation the Court oversaw. An examination of four of these -- the titled aristocracy, those employed in the theater, those in receipt of financial aid, and laborers -- shows that English divorce litigants exhibited a broader social profile than commonly attributed to it by the newspaper coverage of divorce litigation, which gave a skewed impression of its social profile. Analysis of these cases underscores the gendered, class, and geographically inflected demand for divorce in a judicial setting that imposed severe restrictions on access to divorce as a remedy for marital breakdown.

The Tobacco Industry’s Abuse of Scientific Evidence and Activities to Recruit Scientists During Tobacco Litigation

Directory of Open Access Journals (Sweden)

Sungkyu Lee

2016-01-01

Full Text Available South Korea’s state health insurer, the National Health Insurance Service (NHIS, is in the process of a compensation suit against tobacco industry. The tobacco companies have habitually endeavored to ensure favorable outcomes in litigation by misusing scientific evidence or recruiting scientists to support its interests. This study analyzed strategies that tobacco companies have used during the NHIS litigation, which has been receiving world-wide attention. To understand the litigation strategies of tobacco companies, the present study reviewed the existing literature and carried out content analysis of petitions, preparatory documents, and supporting evidence submitted to the court by the NHIS and the tobacco companies during the suit. Tobacco companies misrepresented the World Health Organization (WHO report’s argument and misused scientific evidence, and removed the word “deadly” from the title of the citation. Tobacco companies submitted the research results of scientists who had worked as a consultant for the tobacco industry as evidence. Such litigation strategies employed by the tobacco companies internationally were applied similarly in Korean lawsuits. Results of tobacco litigation have a huge influence on tobacco control policies. For desirable outcomes of the suits, healthcare professionals need to pay a great deal of attention to the enormous volume of written opinions and supporting evidence that tobacco companies submit. They also need to face the fact that the companies engage in recruitment of scientists. Healthcare professionals should refuse to partner with tobacco industry, as recommended by Article 5.3 of the WHO Framework Convention on Tobacco Control.

Testing the Immunity of the Firearm Industry to Tort Litigation.

Science.gov (United States)

Studdert, David M; Donohue, John J; Mello, Michelle M

2017-01-01

In the absence of congressional action to reinstate the federal ban on assault weapons, tort litigation offers an alternative strategy for regulating what have become the weapons of choice in mass shootings. However, opportunities to bring successful claims are limited. To prevail, plaintiffs must show that their suit fits within exceptions to the broad immunity from tort actions that Congress gave the firearm industry in the 2005 Protection of Lawful Commerce in Arms Act. In one particularly high-profile lawsuit, families of victims of the school shooting in Newtown, Connecticut, in 2012 sued the makers and sellers of the military-style rifle used in the attack, alleging negligence and deceptive marketing. The trial court dismissed the case on October 14, 2016, but the plaintiffs plan to appeal. We review the history of tort litigation against the firearm industry, outline the Newtown families' claims, and describe the decision.

Les litiges fonciers et la marginalisation des jeunes stimulent le ...

International Development Research Centre (IDRC) Digital Library (Canada)

28 avr. 2016 ... Selon de nouvelles recherches, la violence chez les jeunes et les litiges fonciers, qui ont migré des communautés rurales aux quartiers pauvres des villes, sont les principaux vecteurs de violence et de criminalité en Côte d'Ivoire.

75 FR 30106 - Terrorism Risk Insurance Program; Litigation Management Submissions

Science.gov (United States)

2010-05-28

... DEPARTMENT OF THE TREASURY Terrorism Risk Insurance Program; Litigation Management Submissions... U.S.C. 3506(c)(2)(A)). Currently, the Terrorism Risk Insurance Program Office is seeking comments... or by mail (if hard copy, preferably an original and two copies) to: Terrorism Risk Insurance Program...

Incorporating Environmental Regulation and Litigation in Earth Science Curriculum

Science.gov (United States)

Flegal, A. R.

2004-12-01

Fundamental knowledge of geological processes is not only needed for effective environmental regulation and litigation, but Earth Science students find that relevance motivating in their studies of those processes. Crustal abundance and redox reactions suddenly become personally meaningful when they are used to account for the presence of high levels of carcinogenic Cr(VI) in the students' drinking water. Similarly, epithermal mercury deposits and the element's speciation gain new importance when they are related to the warning signs on the consumption of fish that the students catch and eat. And even those students that are not motivated by these, and many other, applications of geology find solace in learning that anthropogenic perturbations of the global lead cycle may partially account for their short attention span, lack of interest, and inability to learn the material. Consequently, a number of courses in environmental toxicology and ground water contamination have been developed that are based on (1) case studies in environmental regulation and litigation and (2) active student participation as "expert witnesses" opining on the scientific basis of environmental decisions.

A 12-year analysis of closed medical malpractice claims of the Taiwan civil court

Science.gov (United States)

Hwang, Chi-Yuan; Wu, Chien-Hung; Cheng, Fu-Cheng; Yen, Yung-Lin; Wu, Kuan-Han

2018-01-01

Abstract Malpractices lawsuits cause increased physician stress and decreased career satisfaction, which might result in defensive medicine for avoiding litigation. It is, consequently, important to learn experiences from previous malpractice claims. The aim of this study was to examine the epidemiologic factors related to medical malpractice claims, identify specialties at high risk of such claims, and determine clinical which errors tend to lead to medical malpractice lawsuits, by analyzing closed malpractice claims in the civil courts of Taiwan. The current analysis reviewed the verdicts of the Taiwan judicial system from a retrospective study using the population-based databank, focusing on 946 closed medical claims between 2002 and 2013. Among these medical malpractice claims, only 14.1% of the verdicts were against clinicians, with a mean indemnity payment of $83,350. The most common single specialty involved was obstetrics (10.7%), while the surgery group accounted for approximately 40% of the cases. In total, 46.3% of the patients named in the claims had either died or been gravely injured. Compared to the $75,632 indemnity for deceased patients, the mean indemnity payment for plaintiffs with grave outcomes was approximately 4.5 times higher. The diagnosis groups at high risk of malpractice litigation were infectious diseases (7.3%), malignancies (7.2%), and limb fractures (4.9%). A relatively low success rate was found in claims concerning undiagnosed congenital anomalies (4.5%) and infectious diseases (5.8%) group. A surgery dispute was the most frequent argument in civil malpractice claims (38.8%), followed by diagnosis error (19.3%). Clinicians represent 85.9% of the defendants who won their cases, but they spent an average of 4.7 years to reach final adjudication. Increased public education to prevent unrealistic expectations among patients is recommended to decrease frivolous lawsuits. Further investigation to improve the lengthy judicial process is

Open Assessment of Proofs in Litigation

Directory of Open Access Journals (Sweden)

Kaltrina Zekolli

2017-01-01

Full Text Available The key of existence and success in all domains of life to the entity of justice is the thorough compliance to the truth and justice. Therefore when a certain right is violated, liable or challenged entrusted to solve that, are the institutions of justice, rather the courts. Courts are competent to find the right path towards the truth applying different methods with intention to satisfy the justice. In this paper special attention we dedicated to the method of open assessment of proofs in litigation, that in fact is the subject of this research.

Situating Urgenda v the Netherlands within comparative climate change litigation

NARCIS (Netherlands)

Roy, Suryapratim; Woerdman, Edwin

2016-01-01

This article situates the judgement of The Hague District Court in Urgenda Foundation v the Kingdom of the Netherlands within the life of global climate change litigation. To do so, the paper concentrates on the legal particulars of Dutch law, elements of ‘diffused’ jurisprudence from other

Legislation and litigation related to low-level radiation injury claims

International Nuclear Information System (INIS)

McCraw, T.

1985-01-01

Current legislation and litigation related to radiation exposure will have an enormous impact on the radiation protection and monitoring requirements of the future. A brief review of some proposed injury compensation bills for veterans and a recent court decision for low-level radiation injury claims are reviewed

Closed medical negligence claims can drive patient safety and reduce litigation.

Science.gov (United States)

Pegalis, Steven E; Bal, B Sonny

2012-05-01

Medical liability reform is viewed by many physician groups as a means of reducing medical malpractice litigation and lowering healthcare costs. However, alternative approaches such as closed medical negligence claims data may also achieve these goals. We asked whether information gleaned from closed claims related to medical negligence could promote patient safety and reduce costs related to medical liability. Specifically, we investigated whether physician groups have examined such data to identify error patterns and to then institute specific patient treatment protocols. We searched for medical societies that have systematically examined closed medical negligence claims in their specialty to develop specific standards of physician conduct. We then searched the medical literature for published evidence of the efficacy, if any, related to the patient safety measures thus developed. Anesthesia and obstetric physician societies have successfully targeted costs and related concerns arising from medical malpractice lawsuits by using data from closed claims to develop patient safety and treatment guidelines. In both specialties, after institution of safety measures derived from closed medical negligence claims, the incidence and costs related to medical malpractice decreased and physician satisfaction improved. Tort reform, in the form of legislatively prescribed limits on damages arising from lawsuits, is not the only means of addressing the incidence and costs related to medical malpractice litigation. As the experience of anesthesia and obstetric physicians has demonstrated, safety guidelines derived from analyzing past medical malpractice litigation can achieve the same goals while also promoting patient safety.

Amistad Symposium on Southern Civil Rights Litigation Records for the 1960s (New Orleans, Louisiana, December 8-9, 1978).

Science.gov (United States)

Dillard Univ., New Orleans, LA. Armistad Research Center.

This report contains transcripts of speeches given at the Amistad Symposium by lawyers, judges, and others active in the civil rights movement since the 1960s. Speakers include Clifton Johnson, J. Skelly Wright, John P. Nelson, Edwin King, Fred L. Banks, Jr., Lawrence A. Aschenbrenner, Frank R. Parker, Henry Schwarzschild, and Richard B. Sobol.…

Public litigation and the concept of “deference” in judicial review ...

African Journals Online (AJOL)

All persons to whom and organs of state to which a court order or decision applies ... Litigants seek to enforce constitutional principles and values that affect others ... a threat to constitutional principles and values enshrined in the Constitution.

Mitigating Litigation for Adventure Recreation Operators: The Ski Safety Act

Science.gov (United States)

Brgoch, Shea; Lower, Leeann M.

2017-01-01

Adventure tourism is a rapidly growing segment of the tourism industry, which can be regarded as specific activities that are alluring for their uncertain and potentially dangerous outcomes. Risk-taking attitudes and behaviors may be common among adventure recreationists and increase the potential for litigation against recreation operators. In…

Assessing the Role of the Courts in Addressing the Educational Problems Caused by Racial Isolation in School Finance Litigation

Science.gov (United States)

Green, Preston C., III.

2013-01-01

Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly…

Litigations in Medical Practice | A O | Nigerian Journal of Family ...

African Journals Online (AJOL)

Litigations arising as a result of the routine practice of medicine and healthcare delivery are fairly common problems in developed nations of the world. Health personnel are human beings who are not completely infallible to acts of omission and commission with serious legal consequences. There is therefore no health ...

Oral law in litigation in South Africa: An evidential nightmare ...

African Journals Online (AJOL)

In the past, customary law has been applied rather haphazardly in the courts. Its inherent adaptive flexibility and indeterminate nature created confusion in a court system ill-equipped to deal with litigation dealing with customary law issues. Understandably, customary law was treated in the same way as a common-law ...

THE LETTER OF GUARANTEE FROM THE PERSPECTIVE OF THE NEW CIVIL CODE

Directory of Open Access Journals (Sweden)

LUMINITA TULEASCA

2011-04-01

Full Text Available The letter of guarantee is frequently used in the domestic and international commercial activity, first of all, for the safety offered for securing the contractual obligations without blocking the pecuniary funds and, second of all, due to the existing uniform international regulations that correspond to the needs supporting the occurrence of these types of autonomous securities.In Romania, the lack of legal policing of the letter of guarantee has created practical difficulties and offered judges the possibility to "make the law" in the litigations generated by the enforcement or by the suspension of enforcement of these contractual securities.This work analysis the regulation of the letter of guarantee provided in the New Civil Code from the perspective of its harmonization with the Uniform Rules of the International Chamber of Commerce in Paris and with the Draft Common Frame of Reference in the matter of the European private law.

Some aspects of education litigation since 1994: Of hope, concern ...

African Journals Online (AJOL)

Hennie

Their responses to our questions reflected hope, but also concern, and even despair. ... A thorough examination of litigation since 1994 may yield important and significant benefits for education ... We did not analyse cases or law critically, nor did we attempt to assess the .... advisers also have to certify bills before they go to.

Trend of Malpractice Litigation against Neurosurgeons in Japan: An Analysis of Disclosed Database by Courts in Japan from 2001 through 2015.

Science.gov (United States)

Nagashima, Hisashi; Wada, Yoshitaka; Hongo, Kazuhiro

2017-08-15

Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field. During the period, 446 of healthcare-related court decisions including 41 against neurosurgeons (9.2%) were retrieved. Three of 41 decisions retrieved were decisions to retries for lower court decisions. In 38 claims against the neurosurgeons, 26 identified the negligence and 12 dismissed. In 26 decisions in favor of the plaintiffs, identified negligence in diagnosis in 4, clinical judgment in 3, technical skills in 5, clinical management in 7 and process of informed consent in 7. Five out of 18 decisions after 2006 were identified as negligence in an informed consent process, and additional one, who was mainly identified in inadequate technical skills also identified existing an inadequate informed consent process as a fundamental cause of litigation. Neurosurgeons are a higher risk group for malpractice litigation in Japan and adequate informed consent is important to reduce the risk of litigation.

Kontribusi Etika Islam pada Pendidikan Politik: Solusi bagi Problema Civil Society Indonesia Era Reformasi

Directory of Open Access Journals (Sweden)

M. Abdul Fattah Santoso

2013-11-01

Full Text Available Paying attention to the gap between the fenomenal discource dan movement of civil society in the Indonesian politics in 1990s and its anomali movement in the reformation era, has been be studied the problems of Indonesian civil society in such era using documents and decriptive and critical analysis in order to be sought its ways out using reflective analysis. Instead of being strong, Indonesian civil society in the reformation era really weakened. The civil society those formerly had autonomy  were  coopted  by the state when their  leader  got power.  The leaders themselves looked inconsistent in democratic culture. Moreover, civil society grew as a mean of  struggle for power, and when the power was in hand they coopted the state. Besides, the public civility collapsed and the new primordialism, such as etnic nationalism, communalism, and religious sectarianism, appeared. As a solution to civil society’s weakness, is absolutely needed their empowerment through political education prioritizing Islamic ethics based on civic values: civility, autonomy, self-help, self-sufficiency, and social contract. Civility is an ethical solution for solving problems of anomalous growth of civil society as a mean of struggle for power, collapse of public civility, and leader’s inconsistency in public civility. Autonomy, self-help, and self-sufficiency are ethical solutions for solving the problem of civil society being coopted by the state when their leader gets power. Moreover, social contract is an ethical solution for solving the problem of civil society coopting the state.

2014 - 2015 Civil Affairs Issue Papers: The Future of Civil Affairs

Science.gov (United States)

2015-02-18

companies. Included is a request for a SME on zoonotic diseases to help with a strange virus effecting goat herds in Beledweyne, a call for advice from a...local veterinary officer orders the right medication to treat the goats , the water plant manager or- ders the right pumps to improve agricultural...Since most CIM RFI deal with longer term civil sector challenges such as agri- cultural, farming , and education questions, responses are not

Litigation and new technologies in post-conventional societies

OpenAIRE

Bannwart Junior, Clodomiro José; Oléa, Carlos Frederico

2012-01-01

The increase in the volume of litigation verified since the 1990’s, having the Brazilian society as context, made the judiciary open itself to new technologies which facilitate the access to justice, as well as to a faster resolution of the demands. However, the intense insertion of technical rationalization in the process and decision operations by the judiciary, during the last years, led to a legalization supported by presuppositions of technical-instrumental regulation. According to the g...

Litigants in Person in Private Family Law Cases

OpenAIRE

Trinder, L.; Hunter, R.; Hitchings, E.; Miles, J.; Smith, L.; Moorhead, R.; Sefton, M.; Hinchly, V.; Pearce, J.; Bader, K.

2014-01-01

This study was designed to develop the evidence base on litigants in person in private family law cases, including their behavioural drivers, experiences and support needs, and impact on the court prior to the implementation of legal aid reforms in April 2013. Fieldwork was conducted between January and March 2013. The study delivered primarily qualitative evidence. The researchers sampled 151 private law family cases where a hearing was observed, the court file examined and parties and p...

AutoCAD Civil 3D 2014 essentials

CERN Document Server

Chappell, Eric

2013-01-01

Quickly learn essential Civil 3D tools and techniques Get a thorough introduction to AutoCAD Civil 3D, the industry-leading engineering software used to design roads, highways, subdivisions, drainage and sewer systems, and more. This Autodesk Official Press book is a unique learning resource that features concise, straightforward explanations and real-world, hands-on exercises and tutorials. With compelling full-color screenshots and approachable exercises that demonstrate core features and functions, the book helps you gain understanding and confidence as you master this premiere

Transnational Litigation and Commercial Arbitration

DEFF Research Database (Denmark)

Lookofsky, Joseph; Hertz, Ketilbjørn

Transnational Litigation and Commercial Arbitration is a case-oriented study of the key rules and procedures which regulate the resolution of commercial disputes arising in a transnational context. The study explains and compares European and American rules of private international and procedural...... law. Each case is introduced both by a paradigm model, emphasizing and simplifying the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European, or international law concerned. The court decisions themselves are all extensively edited...... and annotated by the authors. This 3rd Edition, which has been completely revised and updated, takes account of recent developments in American law, as well as the Rome I and II Regulations, effective within the European Union as of 2009....

Transnational Litigation and Commercial Arbitration

DEFF Research Database (Denmark)

Lookofsky, Joseph; Hertz, Ketilbjørn

Transnational Litigation and Commercial Arbitration is a case-oriented study of the key rules and procedures which regulate the resolution of commercial disputes arising in a transnational context. The study explains and compares European and American rules of private international and procedural...... law. Each case is introduced both by a paradigm model, emphasizing and simplifying the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European, or international law concerned. The court decisions themselves are all extensively edited...... and annotated by the authors. This 4th Edition, which has been completely revised and updated, takes account of recent developments in American law, as well as the Rome I and II Regulations, effective within the European Union as of 2009, and the EU Brussels Regulation (recast), 2012....

Malpractice litigation following spine surgery.

Science.gov (United States)

Daniels, Alan H; Ruttiman, Roy; Eltorai, Adam E M; DePasse, J Mason; Brea, Bielinsky A; Palumbo, Mark A

2017-10-01

OBJECTIVE Adverse events related to spine surgery sometimes lead to litigation. Few studies have evaluated the association between spine surgical complications and medical malpractice proceedings, outcomes, and awards. The aim of this study was to identify the most frequent causes of alleged malpractice in spine surgery and to gain insight into patient demographic and clinical characteristics associated with medical negligence litigation. METHODS A search for "spine surgery" spanning February 1988 to May 2015 was conducted utilizing the medicolegal research service VerdictSearch (ALM Media Properties, LLC). Demographic data for the plaintiff and defendant in addition to clinical data for the procedure and legal outcomes were examined. Spinal cord injury, anoxic/hypoxic brain injury, and death were classified as catastrophic complications; all other complications were classified as noncatastrophic. Both chi-square and t-tests were used to evaluate the effect of these variables on case outcomes and awards granted. RESULTS A total of 569 legal cases were examined; 335 cases were excluded due to irrelevance or insufficient information. Of the 234 cases included in this investigation, 54.2% (127 cases) resulted in a defendant ruling, 26.1% (61) in a plaintiff ruling, and 19.6% (46) in a settlement. The awards granted for plaintiff rulings ranged from $134,000 to $38,323,196 (mean $4,045,205 ± $6,804,647). Awards for settlements ranged from $125,000 to $9,000,000 (mean $1,930,278 ± $2,113,593), which was significantly less than plaintiff rulings (p = 0.022). Compared with cases without a delay in diagnosis of the complication, the cases with a diagnostic delay were more likely to result in a plaintiff verdict or settlement (42.9% vs 72.7%, p = 0.007) than a defense verdict, and were more likely to settle out of court (17.5% vs 40.9%, p = 0.008). Similarly, compared with cases without a delay in treatment of the complication, those with a therapeutic delay were more

Group Litigation in European Competition Law: A Law and Economics perspective

NARCIS (Netherlands)

S.E. Keske (Sonja)

2009-01-01

textabstractIn this thesis, insights of the law and economics literature were collected in order to develop the features of an optimal group litigation concerning the deterrence of European Competition Law violation and these were then compared to the proposals of the European Commission in the

The Settlement of Litigations Arising from the Interpretation and Enforcement of Administrative Contracts

Directory of Open Access Journals (Sweden)

Vasilica NEGRUŢ

2015-03-01

Full Text Available Regarded nowadays as an instrument of strategy implementation of government policy and establishment mechanism of public administration, the administrative contract raises many debates on its applicable regime, but also on the jurisdiction, to solve litigations arising from their interpretation and execution. In this paper we proposed, based on the analysis of the laws in force, doctrine, jurisprudence, and previous research results related to the subject, using the comparative method, to clarify the mentioned issues. The conclusions of this paper will strengthen the practice on the referral of courts competent to solve litigations arising from the implementation of the administrative contracts in the context where the administrative contract has profound implications in the administrative, economic and social field.

Promotion of Nursing Student Civility in Nursing Education: A Concept Analysis.

Science.gov (United States)

Woodworth, Julie A

2016-07-01

Substantive research into the development of civility within nursing education is long overdue. Behaviors learned by nursing students while in the school of nursing transfer to the work environment and culture of nursing. This paper reveals a concept analysis of civility within nursing education using Rodgers' evolutionary concept analysis method. Civility is defined to provide clarity for the current terminology of civility within nursing education. Nurse educators must set socially acceptable behavioral expectations in the learning environment, establishing positive interpersonal relationships with students, maintaining moral and academic integrity, and role model civil behaviors. Suggestions are included to help nurse educators outline acceptable behaviors in the learning environment and promote the development of civility. The development of civil behaviors in nursing students will carry into professional practice after graduation. Civility is necessary to establish meaningful interpersonal relationships, supportive communication, and optimum learning environments to ensure quality patient care with optimum outcomes. Woodworth. © 2015 Wiley Periodicals, Inc.

Clients' perspectives of professional ethics for civil engineers

OpenAIRE

Abdul-Rahman, H; Wang, C; Saimon, M A

2011-01-01

Many parties in the construction industry claim that codes of professional ethics can help mitigate the unethical conduct of civil engineers and improve the ethical level amongst construction players. However, the fact is, even though most organisations have their own codes of ethics, there still are many instances of unethical conduct in the construction industry. For this reason, this research attempted to study clients' perceptions of the impact on civil engineering works that codes of pro...

Journal clubs: a strategy to teach civility to nursing students.

Science.gov (United States)

Kerber, Cindy; Jenkins, Sheryl; Woith, Wendy; Kim, Myoungjin

2012-05-01

Incivility affects nurses and nursing students and can negatively influence patient care and the quality of nursing education. The Institute of Medicine, The Joint Commission, and the American Association of Colleges of Nursing recommended implementation of strategies to manage incivility and build social capital. The purpose of this mixed methods study was to explore the influence of a journal club as an educational intervention to build civility and academic integrity among nursing students. Seventy-nine nursing students completed the Nurses' Intervention for Civility Education Questionnaire and the Ways of Coping Questionnaire before and after the Civility Journal Club intervention. Students involved in the Civility Journal Club were more aware of civility and incivility, more likely to be helpful to their peers, and better equipped to cope with episodes of incivility. Copyright 2012, SLACK Incorporated.

Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation

DEFF Research Database (Denmark)

Lookofsky, Joseph

In transborder contract litigation place-based factors are often decisive, both as regards jurisdiction to adjudicate as well as the rules which determine the applicable substantive law. Relevant locations include the place where the contract was made, where the parties reside, transact business...... or own property, the place of delivery, payment or other performance etc. Using concrete case-based examples, Professor Lookofsky explains how rules of jurisdiction and contract conflicts in Europe are tied to rigidly defined, single-place-based factors. In the United States, by contrast...

A 12-year analysis of closed medical malpractice claims of the Taiwan civil court: A retrospective study.

Science.gov (United States)

Hwang, Chi-Yuan; Wu, Chien-Hung; Cheng, Fu-Cheng; Yen, Yung-Lin; Wu, Kuan-Han

2018-03-01

Malpractices lawsuits cause increased physician stress and decreased career satisfaction, which might result in defensive medicine for avoiding litigation. It is, consequently, important to learn experiences from previous malpractice claims. The aim of this study was to examine the epidemiologic factors related to medical malpractice claims, identify specialties at high risk of such claims, and determine clinical which errors tend to lead to medical malpractice lawsuits, by analyzing closed malpractice claims in the civil courts of Taiwan.The current analysis reviewed the verdicts of the Taiwan judicial system from a retrospective study using the population-based databank, focusing on 946 closed medical claims between 2002 and 2013.Among these medical malpractice claims, only 14.1% of the verdicts were against clinicians, with a mean indemnity payment of $83,350. The most common single specialty involved was obstetrics (10.7%), while the surgery group accounted for approximately 40% of the cases. In total, 46.3% of the patients named in the claims had either died or been gravely injured. Compared to the $75,632 indemnity for deceased patients, the mean indemnity payment for plaintiffs with grave outcomes was approximately 4.5 times higher. The diagnosis groups at high risk of malpractice litigation were infectious diseases (7.3%), malignancies (7.2%), and limb fractures (4.9%). A relatively low success rate was found in claims concerning undiagnosed congenital anomalies (4.5%) and infectious diseases (5.8%) group. A surgery dispute was the most frequent argument in civil malpractice claims (38.8%), followed by diagnosis error (19.3%).Clinicians represent 85.9% of the defendants who won their cases, but they spent an average of 4.7 years to reach final adjudication. Increased public education to prevent unrealistic expectations among patients is recommended to decrease frivolous lawsuits. Further investigation to improve the lengthy judicial process is also

Higher value in litigation for nuclear power plant proceedings

International Nuclear Information System (INIS)

Anon.

1976-01-01

The administrative court of Bavaria has rejected in its ruling of 19th August 1976 - No. 117 VI 76 - an appeal against the fixing of the value in litigation according to the judgment of the administrative court in Wuerzburg of 10th March 1976, and it has confirmed DM 20,000 as the disputed sum. The essential points of the grounds upon which the rejection is based are presented. (orig./HP) [de

Veterinary Forensic Toxicology.

Science.gov (United States)

Gwaltney-Brant, S M

2016-09-01

Veterinary pathologists working in diagnostic laboratories are sometimes presented with cases involving animal poisonings that become the object of criminal or civil litigation. Forensic veterinary toxicology cases can include cases involving animal cruelty (malicious poisoning), regulatory issues (eg, contamination of the food supply), insurance litigation, or poisoning of wildlife. An understanding of the appropriate approach to these types of cases, including proper sample collection, handling, and transport, is essential so that chain of custody rules are followed and proper samples are obtained for toxicological analysis. Consultation with veterinary toxicologists at the diagnostic laboratory that will be processing the samples before, during, and after the forensic necropsy can help to ensure that the analytical tests performed are appropriate for the circumstances and findings surrounding the individual case. © The Author(s) 2016.

Through the looking glass: placing India's new civil liability regime for nuclear damage in context

International Nuclear Information System (INIS)

Gruendel, Robert J.; Kini, Els Reynaers

2012-01-01

Until India adopted the Civil Liability for Nuclear Damage Act, 2010 (Liability Act) and the Civil Liability for Nuclear Damage Rules, 2011 (Liability Rules or Rules), no specific legislation was in place to govern nuclear liability or to compensate victims for damages due to a nuclear incident in India. Before delving into a more legal-technical analysis of the Liability Act and Rules (Part B), it is worth first briefly touching upon India's general energy situation, which necessarily influences India's policies, laws and negotiating strategies while also driving the significant business opportunities in the nuclear energy sector (Part A). Taking a look at India's energy sector today also underscores the sheer size of India's plans to build new nuclear power plants, which stands in dramatic contrast to the goals of many other countries. In this article, we will address the relationship of the Liability Act with the Convention on Supplementary Compensation for Nuclear Damage (CSC) (Part C), while also touching upon the current status of an Indian nuclear insurance pool (Part D) and discussing some recent domestic developments, including the filing of public interest litigations and amendments to the Liability Rules (Part E), before presenting some concluding thoughts (Part F)

32 CFR 516.63 - Coordination with DOJ.

Science.gov (United States)

2010-07-01

... PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.63 Coordination with DOJ... significant fraud and corruption cases to accomplish the following: (1) Monitor criminal prosecutions. (2... exchange of information between government attorneys in the course of civil litigation or the routine...

Can civil lawsuits stem the tide of direct-to-consumer marketing of unproven stem cell interventions.

Science.gov (United States)

Horner, Claire; Tenenbaum, Evelyn; Sipp, Douglas; Master, Zubin

2018-01-01

The sale of unproven stem cell interventions (SCIs) by commercial entities has proliferated in highly developed countries, most notably in the USA. Yet, there have been few criminal prosecutions and regulatory enforcement actions against providers who have violated laws and best practice standards due to the lack of resources and legal ambiguity. While the stem cell research community has invested much in protecting patients and preventing the growth of this industry, some patients are seeking remedies under civil law to hold stem cell clinics responsible for fraudulent practices. Several patients have filed lawsuits against providers demanding compensation for physical injuries caused by unproven treatments and financial losses due to fraud and false advertising. Lawsuits can be used as a tool not only to compensate plaintiffs but also to achieve positive public health and policy outcomes. In this paper, we explore the value of a public health litigation strategy as a countermeasure against the exploitative practices of the unproven SCI industry by analyzing stem cell lawsuits and comparing them with other major public health litigation efforts. We argue that stem cell lawsuits complement other approaches to reining in unsafe practices. In particular, stem cell lawsuits could intensify publicity and raise awareness of the harms of unproven treatments, set legal precedent, reshape the media narrative from one focused on the right to try or practice to one highlighting the need for adequate safety and efficacy standards, and encourage authorities to turn their attention to policy reform and enforcement.

Importance of health physics records in litigation

International Nuclear Information System (INIS)

Forbes, J.L.

1982-01-01

The nuclear insurance pools, through American Nuclear Insurers (ANI) and the Mutual Atomic Energy Liability Underwriters (MAELU), have been providing the third-party liability insurance required of the nuclear industry by the Price-Anderson Act since 1957. Records of claims of radiation injury have been kept for twenty-five years, and a recent upsurge of the claim rate has been noted. An explanation for this new trend is postulated and some examples are discussed. The use of health physics records as evidence in litigation is described, and specific examples of the types of records required to defend against past and future claims are given

Audit of litigation against the accident and emergency radiology department.

Science.gov (United States)

Cantoni, S; De Stefano, F; Mari, A; Savaia, F; Rosso, R; Derchi, L

2009-09-01

The aims of this study were to reduce and monitor litigation due to failure to diagnose a fracture, to evaluate whether the cases were due to radiological error or other problems in the diagnostic and therapeutic management of patients and to identify organisational, technical or functional changes or guidelines to improve the management of patients with suspected fracture and their expectations. We analysed the litigation database for the period 2004-2006 and extracted all episodes indicating failure to diagnose a fracture at the accident and emergency radiology department of our centre. The radiographs underwent blinded review by two experts, and each case was jointly analysed by a radiologist and a forensic physician to see what led to the compensation claim. We identified 22 events (2004 seven cases; 2005 eight cases; 2006 seven cases). Six cases were unrelated to radiological error. Six were due to imperceptible fractures at the time of the examination. These were accounted for by the presence of a major lesion distracting the examiner's attention from a less important associated lesion in one case, a false negative result in a patient examined on a incompletely radiolucent spinal board and underexposure of the coccyx region in an obese patient. Six cases were related to an interpretation error by the radiologist. In the remaining cases, the lesion being referred to in the compensation claim could either not be established or the case was closed by the insurance company without compensation. Corrective measures were adopted. These included planning the purchase of a higher performance device, drawing up a protocol for imaging patients on spinal boards, reminding radiologists of the need to carefully scrutinise the entire radiogram even after having identified a lesion, and producing an information sheet explaining to patients the possibility of false negative results in cases of imperceptible lesions and inviting them to return to the department if symptoms

Radiation Litigation and Internal Dosimetry

International Nuclear Information System (INIS)

Jose, D.E.

1987-01-01

Radiation Litigation refers to those lawsuits filed by individuals who claim to have been injured by some past exposure to ionizing radiation. Law classifies these cases as personal injury or tort cases. However, they are a new breed of such cases and the law is presently struggling with whether these cases can be resolved using the traditional methods of legal analysis or whether new forms of analysis, such as probability of causation, need to be applied. There are no absolutely certain rules concerning how these particular lawsuits will be tried and analyzed. The United States presently is defending cases filed by approximately 7000 plaintiffs. The private nuclear industry is defending cases filed by over 2000 plaintiffs. While not all of these cases will actually be tried on their merits, at least some will and internal dosimetry will play a very important part in many of these trials

The role of litigation in ensuring women's reproductive rights: an analysis of the Shanti Devi judgement in India.

Science.gov (United States)

Kaur, Jameen

2012-06-01

The struggle for reproductive self-determination has specific significance for women and girls in India, where a maternal death occurs every five minutes. This paper analyses the role litigation played in seeking redress for violations of the reproductive rights of Shanti Devi, who died in childbirth in 2010 in Haryana state, and some of the socio-economic, cultural, political and legal factors involved. It provides a brief overview of India's national and international obligations with regard to maternal health, and through the lens of the litigation in Shanti Devi's case, it examines how the government failed to protect, respect and fulfill her right to life and health. Litigation can be used to ensure accountability in further cases by building on case law, informing communities about these decisions and their rights, and holding government accountable at local, state and central level. Litigation also has limits, most importantly due to people's lack of awareness of their rights and entitlements, the lack of government outreach programmes informing them of these, and the lack of accountability mechanisms within health programmes when they are not transparent or functioning effectively. Thus, although constitutional justice is an important tool for democratic progress and social change, social justice will only be achieved through broader social struggle. Copyright © 2012 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

32 CFR 516.4 - Responsibilities.

Science.gov (United States)

2010-07-01

... with regard to settlement of a case. (c) Assistant Judge Advocate General For Civil Law and Litigation... Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC... criminal or civil matters in Federal court under the following circumstances: (1) Felony and misdemeanor...

The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia.

Science.gov (United States)

Kassim, Puteri Nemie J

2008-06-01

The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed.

Malodorous consequences: what comprises negligence in anosmia litigation?

Science.gov (United States)

Svider, Peter F; Mauro, Andrew C; Eloy, Jean Anderson; Setzen, Michael; Carron, Michael A; Folbe, Adam J

2014-03-01

Our objectives were to evaluate factors raised in malpractice litigation in which plaintiffs alleged that physician negligence led to olfactory dysfunction. We analyzed publically available federal and court records using Westlaw, a widely used computerized legal database. Pertinent jury verdicts and settlements were comprehensively examined for alleged causes of malpractice (including procedures for iatrogenic causes), defendant specialty, patient demographics, and other factors raised in legal proceedings. Of 25 malpractice proceedings meeting inclusion criteria, 60.0% were resolved for the defendant, 12.0% were settled, and 28.0% had jury-awarded damages. Median payments were significant ($300,000 and $412,500 for settlements and awards, respectively). Otolaryngologists were the most frequently named defendants (68.0%), with the majority of iatrogenic cases (55.0%) related to rhinologic procedures. Associated medical events accompanying anosmia included dysgeusia, cerebrospinal fluid leaks, and meningitis. Other alleged factors included requiring additional surgery (80.0%), unnecessary procedures (47.4% of iatrogenic procedural cases), untimely diagnosis leading to anosmia (44.0%), inadequate informed consent (35.0%), dysgeusia (56.0%), and psychological sequelae (24.0%). Olfactory dysfunction can adversely affect quality of life and thus is a potential area for malpractice litigation. This is particularly true for iatrogenic causes of anosmia, especially following rhinologic procedures. Settlements and damages awarded were considerable, making an understanding of factors detailed in this analysis of paramount importance for the practicing otolaryngologist. This analysis reinforces the importance of explicitly including anosmia in a comprehensive informed consent process for any rhinologic procedure. © 2013 ARS-AAOA, LLC.

Developing civil society expertise to promote democratic ...

International Development Research Centre (IDRC) Digital Library (Canada)

It will also build civil society partnership networks and capacity for effective engagement with principal stakeholders in defence affairs, helping to transform attitudes and ... IDRC is supporting research that studies the most effective ways to empower women, prevent gender-based violence, and make digital platforms work for ...

28 CFR 16.81 - Exemption of United States Attorneys Systems-limited access.

Science.gov (United States)

2010-07-01

... civil obligations other than those relating to an active case or matter. In the interests of effective... concerning the violation of laws or civil obligations other than those relating to an active case or matter... investigation and/or civil case or matter under investigation, litigation, regulatory or administrative review...

Tobacco industry use of judicial seminars to influence rulings in products liability litigation

Science.gov (United States)

Friedman, L C

2006-01-01

Objectives This paper examines the tobacco industry's efforts to influence litigation by sponsoring judicial seminars. Methods Thousands of internal tobacco documents were examined, including memos, reports, presentations, and newsletters. Connections to outside organisations were corroborated by examining tobacco industry financial records, budgets, and letters pledging funds. Facts about outside organisations were triangulated through examining their websites and publicly‐filed financial records, and verifying facts through their representatives' statements in newspaper and law review articles. Results There are direct financial ties between the tobacco industry and groups that organise judicial seminars in an effort to influence jurisprudence, and judges who attend these seminars may be breaching judicial ethics either by not inquiring about the source of funding or by ignoring funding by potential litigants. Conclusions The tobacco industry's attempts to clandestinely influence judges' decisions in cases to which they are a party endangers the integrity of the judiciary. PMID:16565460

Litigation as TB Rights Advocacy: A New Delhi Case Study.

Science.gov (United States)

McBroom, Kerry

2016-06-01

One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies.

Auditing Litigation and Claims: Conflicts and the Compromise of Privilege

Directory of Open Access Journals (Sweden)

Harleen Kaur

2013-12-01

Full Text Available Auditing standards require an auditor to make various enquiries about liabilities in general this may entail consideration of potential litigations and claims that the audited entity may be facing. To perform this part of audit, the auditors will generally seek representation letters from lawyers of the company detailing an estimate prepared by management, confirmed by their lawyers through a representation letter, and then sent directly to the auditors. This paper reviews the implications for the auditing profession of a case that involved auditors seeking such representation letters. The case involves litigation between theWestpac Banking Corporation and 789TEN Pty Ltd. While theWestpac case confirmed the legal position of the auditor in their task of collecting evidence in order to form an opinion in Australia, it highlights a significant anomaly under the law and should place the issue of solicitor’s representation letters as audit evidence firmly on the agenda of policymakers. This issue of the compromise of legal privilege during the conduct of an audit is also not confined to Australia: other common law jurisdictions, such as the UK and the US, have also sought to clarify the position of auditors when issues of the integrity of legal privacy privilege arise.

Popularizing Geological Education among Civil Engineering Students

Science.gov (United States)

Chen, Xiang-jun; Zhou, Ying

2012-01-01

The sustainable development of an economy and a society cannot be realized without the help of modern geoscience. Engineering geology knowledge is necessary on a civil engineering construction site to ensure the construction work goes smoothly. This paper first discusses the importance of geoscience, especially the study of engineering geology.…

Auditing Litigation and Claims: Conflicts and the Compromise of Privilege

OpenAIRE

Harleen Kaur; Sandra van der Laan

2013-01-01

Auditing standards require an auditor to make various enquiries about liabilities in general this may entail consideration of potential litigations and claims that the audited entity may be facing. To perform this part of audit, the auditors will generally seek representation letters from lawyers of the company detailing an estimate prepared by management, confirmed by their lawyers through a representation letter, and then sent directly to the auditors. This paper reviews the ...

Whistleblower litigation: A potential explosion in the nuclear industry

International Nuclear Information System (INIS)

Kowitt, A.J.; Panich, D.

1990-01-01

This article examines the protection offered nuclear employees and the limits of a nuclear employer's liability under section 210 of the Energy Reorganization Act. The author's warn that review by the US Supreme Court is not necessary but could only serve to expose the nuclear industry to an onslaught of litigation resulting from the assertion by an employee subjected to an adverse employment decision that the employee was engaged in a protected activity and as a result has a right to protection from retaliation by the employer

28 CFR 77.2 - Definitions.

Science.gov (United States)

2010-07-01

... duly appointed pursuant to 28 U.S.C. 543 who is authorized to conduct criminal or civil law enforcement... of Justice who is authorized to conduct criminal or civil law enforcement proceedings on behalf of... civil law enforcement litigation or to supervise such proceedings. (b) The term case means any...

Mobilizing Ethnic Equality in Admissions to Schools: Litigation, Politics, and Educational Change

Science.gov (United States)

Perry-Hazan, Lotem; Perelstain, Oshrat

2018-01-01

This study explores the impact of litigation on the mobilization of ethnic equality in the admission to Haredi (ultra-Orthodox) schools in Israel, and examines the socio-political mechanisms that have shaped this impact. It uses a case-study approach and draws on an analysis of documents and interviews. The findings confirm the conclusions of…

FACING UP TO MULTINATIONALCOMPLEX LITIGATION IN THE UNITED STATES

Directory of Open Access Journals (Sweden)

Ángel R. Oquendo

2017-05-01

Full Text Available A federal court should approach the presence of foreigners in a global class action for monetary relief with an openmind. It should keep them in so long as it can conclude, upon a reflective comparative law analysis, that the judiciary in theirnation of origin would uphold the ultimate ruling. For example, Latin American absent class members should normally stay on board inasmuchas virtually every jurisdictionin their regionwould allow a U.S. adjudicator to arrive at this conclusion.Accordingly, they would fail, on grounds of res judicata, if they ever tried to re-litigate the matter back home upon a defeat on the merits in the United States. In particular, a tribunal from any one of seven representative regional countries (Mexico, Brazil, Venezuela, Colombia, Panama, Peru, and Ecuador wouldmost probably find such a U.S.judgment consistent with local due process, as well as with the remaining requirements for recognition.In other words, it would hold thatabsentees stemming from its jurisdictional territory could not legitimately complain about the preclusive effect since they would have free ridden on the efforts of their representatives with a chance at compensation, would have benefited from numerous fairness controls, and could have similarly faced preclusion in their homeland based on a suit prosecuted by someone else without their authorization. Judges in the United States should engage in a similar in-depth deliberation to decide whether to welcomecitizens from anywhere else in the world to the litigation.

32 CFR 516.14 - Service of process on DA or Secretary of Army.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of process on DA or Secretary of Army... CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.14 Service of process on DA or Secretary of Army. The Chief, Litigation Division, shall accept service of process for Department...

Marketing nutrition & health-related benefits of food & beverage products: enforcement, litigation & liability issues.

Science.gov (United States)

Roller, Sarah; Pippins, Raqiyyah

2010-01-01

Over the past decade, the liability risks associated with food and beverage product marketing have increased significantly, particularly with respect to nutrition and health-related product benefit claims. FDA and FTC enforcement priorities appear to have contributed to the increasing liability trends that are associated with these nutrition and health-related claims. This article examines key enforcement and litigation developments involving conventional food and beverage product marketing claims during the first 18 months of President Obama's administration: Part I considers FDA enforcement priorities and recent warning letters; Part II considers FTC enforcement priorities, warning letters, and consent orders; and Part III considers the relationship between FDA and FTC enforcement priorities and recent false advertising cases brought by private parties challenging nutrition and health-related marketing claims for food and beverage products. The article makes recommendations concerning ways in which food and beverage companies can help minimize liability risks associated with health-related marketing claims. In addition, the article suggests that federal policy reforms may be required to counter the perverse chilling effects current food liability trends appear to be having on health-related marketing claims for food and beverage products, and proposes a number of specific reforms that would help encourage the responsible use of well-substantiated marketing claims that can help foster healthy dietary practices. In view of the obesity prevention and other diet-related public health priorities of the Obama administration, the article suggests that this is an opportune time to address the apparent chilling effects increasing food liability risks are having on nutrition and health-related marketing claims for healthy food and beverage products, and potential adverse consequences for public health.

Litigation and the Timing of Settlement: Evidence from Commercial Disputes

OpenAIRE

Peter Grajzl; Katarina Zajc

2015-01-01

Although an overwhelming proportion of all legal disputes end in settlement, the determinants of the timing of settlement remain empirically underexplored. We draw on a novel dataset on the duration of commercial disputes in Slovenia to study how the timing of settlement is shaped by the stages and features of the litigation process. Using competing risk regression analysis, we find that events such as court-annexed mediation and the first court session, which enable the disputing parties to ...

Civil engineering challenge with nuclear waste

International Nuclear Information System (INIS)

Day, D.

1985-01-01

The civil engineer can help to solve the problems in disposing of nuclear waste in a deep geologic formation. The site for a nuclear waste repository must be carefully selected so that the geology provides the natural barrier between the waste and the accessible environment specified by the NRC and the EPA. This engineer is familiar with the needed structure and conditions of the host and surrounding rocks, and also the hydraulic mechanisms for limiting the migration of water in the rocks. To dispose of the nuclear waste underground requires stable and long-lasting shafts and tunnels such as civil engineers have designed and constructed for many other uses. The planning, design and construction of the ground surface facilities for a nuclear waste repository involves civil engineering in many ways. The transporation of heavy, metal shielded casks requires special attention to the system of highways and railroads accessing the repository. Structures for handling the shipping casks and transferring the waste onsite and into the deep geologic formation need special considerations. The structures must provide the NRC required containment, including hot cells for remote handling. Therefore, structural design strives for buildings, ventilation structures, shaft headframes, etc., to be earthquake and tornado-proof. These important design bases and considerations for the civil engineer working on a nuclear waste repository are discussed in this paper

11 CFR 201.3 - Public funding, audits and litigation: Ex parte contacts prohibited.

Science.gov (United States)

2010-01-01

... soon after the communication as is reasonably possible but no later than three business days after the... communication as is reasonably possible but no later than three business days after the communication, unless... REGULATIONS EX PARTE COMMUNICATIONS § 201.3 Public funding, audits and litigation: Ex parte contacts...

The important role of civil society groups in eco-innovation

DEFF Research Database (Denmark)

Yang, Yan; Holgaard, Jette Egelund

2012-01-01

the role of civil society groups in eco-innovation by addressing the following research questions: Why is it necessary to stress that civil society groups are as important as university, industry and government in eco-innovation? What inspiration can “triple helix twins” and “quadruple helix” provide when...... groups are not only foundations for developing innovation – they can be actors themselves; the existence of semi-governmental organizations in the Chinese case company, which is categorized under the concept of NGOs, shows the limitations of the concept of civil society groups in exposing important......, as they are helpful not only to provide pressure and push industry onto a green track, but also as supporters and carriers of green business. Corporate social responsibility is proposed as a stepping-stone to engage civil society groups in broader eco-innovation activity. Originality/value – The paper starts...

Roundup litigation discovery documents: implications for public health and journal ethics.

Science.gov (United States)

Krimsky, Sheldon; Gillam, Carey

2018-06-08

This paper reviews the court-released discovery documents obtained from litigation against Monsanto over its herbicide Roundup and through Freedom of Information Act requests (requests to regulatory agencies and public universities in the United States). We sought evidence of corporate malfeasance and undisclosed conflicts of interest with respect to issues of scientific integrity. The findings include evidence of ghostwriting, interference in journal publication, and undue influence of a federal regulatory agency.

Assuring adequate deterrence in tort: A public good experiment

OpenAIRE

Eisenberg, Theodore; Engel, Christoph

2012-01-01

To explore damage rules’ deterrent effect, we use a public good experiment to tailor allowable punishment to rules used in actual civil litigation. The experimental treatments are analogous to: (1) damages limited to harm to an individual litigant, (2) damages limited to harm to a group available in aggregate litigation, such as class actions, and (3) damages allowed beyond actual harm to victims, such as punitive damages. The treatment with damages limited to harm to an individual does not p...

Civil-Society Organizations’ Capacity Building in the Local Governmental Sector: Is It Working? A Case Study

Directory of Open Access Journals (Sweden)

Máthé Réka Zsuzsánna

2017-06-01

Full Text Available The role that a strong civil society plays in socio-economic development is a subject of major scholarly attention today. Many benefits from having a strong civil society are reported in the literature. There is, however, no generally accepted view regarding how capacity-building efforts can help to develop a strong civil society, especially in the Central and Eastern European countries.

Department of Education Revives Civil Rights Office

Science.gov (United States)

Finkel, Ed

2010-01-01

This article reports on the mission of the Office for Civil Rights in the U.S. Department of Education to ensure equal access to education through compliance reviews. The Office hopes to use these reviews to provide technical assistance to help districts improve their performance. In late March, the Los Angeles Unified School District became the…

Litigation to execution in legal labour relationships. Study case

Directory of Open Access Journals (Sweden)

Dragos Lucian Radulescu

2016-06-01

Full Text Available Enforced execution is the legal way by which the Creditor under an enforceable order protects his rights by resorting to coercive force of the state. When the Debtor does not comply voluntarily, the Creditor may appeal to the Bailiff to commence the enforced execution in all manner prescribed by law. Of course, the start of compulsory execution is limited by the conditions of admissibility imperatively specified in the law, principally the condition to exist an enforceable order owned by the Creditor. Regarding the order to be enforced, it can be represented either by an enforceable or final judgement, with provisional enforcement or any other document that can be enforced. Procedurally, the provisions of Art.712 of the Civil Procedure Code allow the introduction by a Creditor who has a litigation to execution against the execution itself, against the Closures issued by the Bailiff, and against any other act of enforcement. Jurisdiction of the Court in this matter will be of the Executor Court or the Court in whose district the Debtor is situated, on the date of the appeal. The appeal of the Debtor questions the Parties not only over the acts of execution because the appeal is also allowed over the explanations relative to the meaning, scope or application of the enforceable order, but in the conditions limited by the legal nature of this order. Thus, according to the law when enforceable order is not issued by a Court or Arbitration may be invoked before an Executor Court including reasons of fact or law which could not be discussed during an earlier trial, in the first instance or in an appeal. Basically, if enforced execution is under an enforceable order that is not from a Court, these reasons can be invoked when there is no other processual mean for its abolition. There also can be submitted a complaint against the Closure by which was upheld the appeal for an enforced execution, and the act of execution concerning the division of the

Art and Civil Action : Cultural Organizations in the European Civil Domain

NARCIS (Netherlands)

Gielen, Pascal; Lijster, Thijs

2017-01-01

In this article, the place of new cultural organizationsin the civil domain is analysed. The authors describe a theoretical model that they call the ‘civil chain’, describing the different phases in which civil organizations develop themselves. The civil chain delivers analytic insights into the

Smile design: rules, tools and strategies to help plan aesthetic restorative dentistry.

Science.gov (United States)

Holyoak, Matthew

2013-10-01

This article is intended to provide dentists with a framework to help in objectively assessing upper anterior aesthetic restorations. Not all of the areas discussed will be equally important in all cases, and a degree of subjectivity, based on clinical experience, is essential. There has been a huge increase in settlements in cases when aesthetic treatment has not led to patient satisfaction. The author hopes that this type of approach, in conjunction with good patient communication and detailed records, will minimise the potential for litigation, should problems arise. Success or failure is largely defined during the planning stage.

A Model for Developing a Coparenting Relationship After Protracted Litigation: The Case of Antonia, a 14-Year-Old Caught in the Crossfire.

Science.gov (United States)

Rotter, Annette

2016-05-01

Research has consistently documented long-term negative effects of high-conflict divorce on children's mental health. Court-issued custody and visitation judgments require parental collaboration, yet it is often challenging for parents to shift their interactions from acrimonious to cooperative, leaving children at increased risk for further exposure to conflict. Clinicians have developed strategies that help parents reduce conflict and increase coparenting skills after divorce. In this work, therapists integrate an empathic, active clinical stance and incorporate parenting education and skill building to help shift parents from a relationship marked by conflict to collaboration. A clinical case study provides an illustration of the steps involved in engaging a highly reactive and acrimonious mother and father in a Coparenting Treatment after prolonged litigation. It traces specific changes the parents implemented during 2 years of monthly sessions and the positive effects on the family system, including both the daughter's relationship to each parent and the parents' capacity to cooperate on her behalf. © 2016 Wiley Periodicals, Inc.

Public Litigation and the Concept of “Deference” in Judicial Review

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Abraham Klaasen

2015-12-01

Full Text Available The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter or an issue connected with a decision on a constitutional matter. The Court may hear any matter, if the Constitutional Court grants leave to appeal because the matter raises an arguable point of law of general public importance that ought to be considered by that court. The Constitution makes it clear that courts are independent and subject only to the Constitution and the law. All persons to whom and organs of state to which a court order or decision applies are bound by it. It is important that the courts employ a standard of judicial review that is compatible with constitutional principles and values. The Constitutional Court subscribes to a standard of “deference” in judicial review. This principle recognises the need to protect the institutional character of each of the three arms of government in a manner that will prevent their ability to discharge their constitutional role being undermined. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. Around the world, litigation or judicial review has become immensely popular as a treatment for the pains of modern governance. South Africa is no exception to this phenomenon. This activism by litigation consists of efforts to promote, impede, or direct social, political, economic, or environmental change, or stasis. Organisations and individuals often disregard or distrust the political process and approach the courts to advance their own interest and to protect their own rights. Litigants seek to enforce constitutional principles and values that affect others as directly as them and that are valued for moral or political reasons and are independent of economic

How to avoid liability litigation in courts – Suggestions from a German example

Directory of Open Access Journals (Sweden)

Liebermeister, Hermann

2010-01-01

Full Text Available The medical art is difficult, its results can not always be predicted. After looking at TV, patients know more or think they know more about medicine. They tend to assume faulty diagnostics or treatment by their physician, if the good result promised by the news-media or by the doctor himself has not been obtained. The resulting litigation in court is time-consuming, causes a lot of paperwork and frequently leads to negative publicity for the doctor in the local news-media. Therefore, in 1975, the German Medical Associations in the different federal areas have founded expert committees to help solve this problem. These avoid negative publicity, heavy expenses and law-suits. Presidents of these committees are high-level judges – mostly retired – with experience in the field. They are masters of the procedure, choose the experts and formulate the final draft. This structure invalidates the understandable suspicion that physicians will protect each other or – as we say in Germany: “A crow will not hurt the eye of another one”. The system is now well accepted by liability insurances, lawyers and patients.

Autism Litigation: Outcomes for 2010, Trends in Decision Making and Changes in Diagnostic Criteria

Science.gov (United States)

Hill, Doris Adams; Kearley, Regina

2013-01-01

The diagnosis of autism spectrum disorder has systematically risen since Kanner's description in 1943 and Asperger's definition in 1944. An increase in numbers has met with an increase in litigation regarding autism spectrum disorder (ASD) and the Individuals with Disabilities Education Improvement Act (IDEIA). Outcomes that first favored parents…

Lineage of global civil engineering. Global civil engineering no keifu

Energy Technology Data Exchange (ETDEWEB)

Hashimoto, M

1994-04-15

This paper considers which way the global civil engineering should go in the future. Civil engineering has now a paradigm with a new dimension debuted as the global environmental problems are taken up specifically. Achieving the target of civil engineering requires a critical review that how the cost effect and efficiency discussions in only the dimensions of the conventional technologies and economies can be incorporated into the dimensions and measures of new fields to create the new horizons. Conceiving the relationship between civil engineered structures and environmental climate encounters the indispensable judgment criterion on how such social scientific conditions as weather, culture, religion, economy, and politics are combined to reach a judgment. The global civil engineering is desired to have the ideas and directional role to work on the ultimate assignment of environment and development called a global environmental problem analytically, comprehensively, innovatively and creatively as the civil engineering science, rather than as a mere existence of one area of the advanced civil engineering science. 5 refs., 1 tab.

Analysis of medical litigation among patients with medical disputes in cosmetic surgery in Taiwan.

Science.gov (United States)

Lyu, Shu-Yu; Liao, Chuh-Kai; Chang, Kao-Ping; Tsai, Shang-Ta; Lee, Ming-Been; Tsai, Feng-Chou

2011-10-01

This study aimed to investigate the key factors in medical disputes (arguments) among female patients after cosmetic surgery in Taiwan and to explore the correlates of medical litigation. A total of 6,888 patients (3,210 patients from two hospitals and 3,678 patients from two clinics) received cosmetic surgery from January 2001 to December 2009. The inclusion criteria specified female patients with a medical dispute. Chi-square testing and multiple logistic regression analysis were used to analyze the data. Of the 43 patients who had a medical dispute (hospitals, 0.53%; clinics, 0.73%), 9 plaintiffs eventually filed suit against their plastic surgeons. Such an outcome exhibited a decreasing annual trend. The hospitals and clinics did not differ significantly in terms of patient profiles. The Chi-square test showed that most patients with a medical dispute (p stress, had a history of medical litigation, and eventually did not sue the surgeons. The test results also showed that the surgeon's seniority and experience significantly influenced the possibility of medical dispute and nonlitigation. Multiple logistical regression analysis further showed that the patients who did decide to enter into litigation had two main related factors: marital stress (odds ratio [OR], 10.67; 95% confidence interval [CI], 1.20-94.73) and an education level below junior college (OR, 9.33; 95% CI, 1.01-86.36). The study findings suggest that the key characteristics of patients and surgeons should be taken into consideration not only in the search for ways to enhance pre- and postoperative communication but also as useful information for expert testimony in the inquisitorial law system.

论代孕子女监护权的归属以法规出发型诉讼为视角%The Attribution of Guardianship for Surrogate Children From the Perspective of the“Action from Norm”Litigation

Institute of Scientific and Technical Information of China (English)

谢文哲; 刘正川

2016-01-01

代孕引发的监护权纠纷，揭示了法律的安定性结构和正义之间的冲突，但正义必须以法规作为基础，也应符合法律规范。以诉讼的出发点的不同可将诉讼划分为法规出发型和事实出发型，大陆法系的诉讼属于前者，英美法系的诉讼属于后一类型。我国法律制度无疑为大陆法系的成文法法律制度，因此，诉讼的出发点只能是现行法的有效规范。在解决因代孕引发的监护权纠纷时，不得以道德的、个人或阶层的正义观念替代法律规定，必须依照法律的规定予以裁决。就本文案例而言，依照儿童利益最大化原则的法律规定予以裁决，可既不破坏法律的安定性，也可以实现个案的正义。%Guardianship dispute raised by surrogacy reveals conflict between stability structure of law and justice. But justice must be based on laws and regulations and it should accord with legal norm. According to the different starting point of litigation, there are the law-driven stand and the fact-driven stand. And the litigation of civil law system belongs to the former and the common law system belongs to the latter. There is no doubt that legal system in our country is the statute law system of the civil law system;therefore, the starting point of litigation is only on the basis of current laws and regulations. The solution of the custody disputes raised by surrogacy should not be based on the idea of ethics, or individual or hierarchical justice but on the legal rule. It is necessary to adjudicate according to the laws. Cases in this paper, with the requirements of maximizing the interests of children, can be solved without breaking the law stability, and by achieving individual justice.

Stasis and Bellum Civile

DEFF Research Database (Denmark)

Lange, Carsten Hjort

2017-01-01

David Armitage’s new monograph Civil Wars: A History in Ideas (2017) will undoubtedly long remain a standard reference work. It presents readers with a vision of civil war as part of the longue durée. The argument might be further strengthened, however, if a more inclusive Greco-Roman approach...... to ancient civil war is accepted. This essay focuses on stasis vs. bellum civile, the origins of the concept of civil war, the approach of later Roman writers (such as Appian and Cassius Dio) to the concepts of stasis and bellum civile, and, finally, the question of what makes a civil war a civil war....... Whatever concepts were used, the Romans were not the first to experience internal war as a civil war—that is, a war between the citizens of a polity....

The Burger Court and the Prima Facie Case in Employment Discrimination Litigation: A Critique.

Science.gov (United States)

Friedman, Joel William

1979-01-01

The unprincipled and contrived reasoning running through these opinions manifests an intentional effort by the Court to impede litigants' ability to secure their rights to equal employment opportunity by raising the requirements of the prima facie case. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123; sc…

Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part V--Outdoor Pursuits as an Extracurricular Alternative for Addressing Office of Civil Rights Guidance

Science.gov (United States)

Davis, Timothy D.; Felix, Manny

2013-01-01

The Office of Civil Rights (OCR) recently clarified that schools are required to provide students with disabilities (SWD) equal opportunities to participate in extracurricular activities (U.S. Department of Education [USDE] Office for Civil Rights, 2013). Schools have flexibility to design and expand extracurricular opportunities based on existing…

Civilized Uncoupling: A Non-Adversarial Approach to Divorce

Directory of Open Access Journals (Sweden)

Gaylen Curtis

2015-07-01

Full Text Available The word divorce can conjure images and expectations of ugly battles and emotional brutality involving parasitic attorneys profiting from the whole process. For many people the only hope for peace is to just walk away without a fight. There is another way for divorcing people. It is possible to get through a divorce and avoid the ugliness. This requires the willingness of the litigant and problem-solving skills of the attorney, as well as judges who demand compliance with court rules and accountability from both lawyers and litigants. Most of all, keeping divorce peaceful requires the viewpoint that it is possible to do so. This article advocates for this perspective.

75 FR 34515 - American Energy Services, Inc., Dynacore Patent Litigation Trust, Earth Sciences, Inc., Empiric...

Science.gov (United States)

2010-06-17

... SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] American Energy Services, Inc., Dynacore Patent Litigation Trust, Earth Sciences, Inc., Empiric Energy, Inc., Future Carz, Inc., NBI, Inc., Noble... concerning the securities of Earth Sciences, Inc. because it has not filed any periodic reports since the...

The MMPI-2/MMPI-2-RF Symptom Validity Scale (FBS/FBS-r) is not a measure of 'litigation response syndrome': commentary on Nichols and Gass (2015).

Science.gov (United States)

Larrabee, Glenn J; Bianchini, Kevin J; Boone, Kyle B; Rohling, Martin L

2017-11-01

To address (1) Whether there is empirical evidence for the contention of Nichols and Gass that the MMPI-2/MMPI-2-RF FBS/FBS-r Symptom Validity Scale is a measure of Litigation Response Syndrome (LRS), representing a credible set of responses and reactions of claimants to the experience of being in litigation, rather than a measure of non-credible symptom report, as the scale is typically used; and (2) to address their stated concerns about the validity of FBS/FBS-r meta-analytic results, and the risk of false positive elevations in persons with bona-fide medical conditions. Review of published literature on the FBS/FBS-r, focusing in particular on associations between scores on this symptom validity test and scores on performance validity tests (PVTs), and FBS/FBS-r score elevations in patients with genuine neurologic, psychiatric and medical problems. (1) several investigations show significant associations between FBS/FBS-r scores and PVTs measuring non-credible performance; (2) litigants who pass PVTs do not produce significant elevations on FBS/FBS-r; (3) non-litigating medical patients (bariatric surgery candidates, persons with sleep disorders, and patients with severe traumatic brain injury) who have multiple physical, emotional and cognitive symptoms do not produce significant elevations on FBS/FBS-r. Two meta-analytic studies show large effect sizes for FBS/FBS-r of similar magnitude. FBS/FBS-r measures non-credible symptom report rather than legitimate experience of litigation stress. Importantly, the absence of significant FBS/FBS-r elevations in litigants who pass PVTs demonstrating credible performance, directly contradicts the contention of Nichols and Gass that the scale measures LRS. These data, meta-analytic publications, and recent test use surveys support the admissibility of FBS/FBS-r under both Daubert and the older Frye criteria.

Re-thinking civil disobedience

Directory of Open Access Journals (Sweden)

Theresa Züger

2013-11-01

Full Text Available This article points out a struggle of today’s societies with the traditional concepts of civil disobedience and stresses the need for reevaluation of the concept of civil disobedience for policy making and public discourse. Starting with a minimal definition of civil disobedience, the article introduces Hannah Arendt’s approach for a legitimisation of civil disobedience and discusses her ideas for digital actions, which are increasingly framed as digital forms of civil disobedience. Addressing WikiLeaks as an example of digital civil disobedience, the author problematises the internal secrecy of WikiLeaks and the focus on Julian Assange as a single decision-maker. Both aspects challenge Arendt’s understanding of legitimate civil disobedience. Even though traditional criteria of civil disobedience need to be revisited in the digital age, organisations or disobedience actors might themselves in their actions be well-advised to comply with the principles they fight for.

我國智慧財產訴訟中專利權無效抗辯趨勢報導 The Defense of Patent Invalidity in the Intellectual Property Litigation Special Report

Directory of Open Access Journals (Sweden)

陳群顯 Chun-Hsien Chen

2007-06-01

Full Text Available 我國智慧財產民事訴訟中，以往囿於「公、私法訴訟二元制」之體系設計，被告即便認為原告所主張之智慧財產權有無效的理由，亦僅能循行政救濟的途徑主張，並無法直接於民事訴訟中直接提起智慧財產權無效抗辯，造成民事訴訟程序之延滯等不便。我國預計於2007 年間設立智慧財產法院，而該法院之設立對於我國智慧財產案件之爭訟將產生巨大而直接之影響，而攸關該法院成敗之主要關鍵⎯⎯「智慧財產法院組織法」及「智慧財產案件審理法」等二法案，業已送立法院進行審查。其中「智慧財產案件審理法」已 於2007 年1 月9 日經立法院三讀通過，「智慧財產法院組織法」亦已於2007 年3 月5 日經立法院三讀通過。「智慧財產案件審理法」中一項劃時代的變革，即是在第16 條第1 項規定：「當事人主張或抗辯智慧財產權有應撤銷、廢止之原因者，法院應就其主張或抗辯有無理由自為判斷」，易言之，該法條規定將直接改變目前我國「公、私法訴訟二元制」的現狀，對於專利訴訟當事人間自產生重大之影響，然依據該法案之規定，是否確能達到立法者之目的？以及是否需要有其他配套制度？本文將介紹我國智慧財產訴訟中 專利權無效抗辯相關制度沿革，並嘗試提供分析意見，同時就目前各國相關專利訴訟制度之設計，提供分析及建議。 In the past, the defendant of intellectual property (IP litigation cannot raise the defense of patent invalidity in the civil litigation. The defendant can only file an invalidity action against the IP at issue. Such judicial system design delays the proceeding of the civil litigation of the IP infringement. The IP Court is proposed to be established in 2007. The establishment of the IP Court will change the current court proceeding of the intellectual

28 CFR 77.5 - No private remedies.

Science.gov (United States)

2010-07-01

... not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law...

Teaching civility to undergraduate nursing students using a virtue ethics-based curriculum.

Science.gov (United States)

Russell, Martha Joan

2014-06-01

As professionals, nurses are expected to engage in respectful relationships with clients, other health care professionals, and each other. Regulatory bodies set standards and codes of ethics for professional behavior in nursing that clearly communicate expectations for civility. However, the wealth of literature on incivility in the profession indicates that nurses often fall short of meeting these standards in their interactions with other nurses. Currently, few effective strategies exist for nurse educators to teach civility to nursing students and prepare them to engage in healthy relationships with their colleagues. This article argues for the use of virtue ethics as a philosophical framework for teaching civility to undergraduate nursing students. The pedagogical strategies proposed may help students contribute to the development of healthy workplaces. Copyright 2014, SLACK Incorporated.

Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice

Directory of Open Access Journals (Sweden)

John W. Bagby

2006-03-01

Full Text Available Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce business records and correspondence, e-mails, accounting records or other data relevant to disputed issues. This article discusses some high visibility cases that constrain how metadata and content is routinely made available to opposing parties in civil litigation, to prosecutors in criminal prosecutions and to agency staff in regulatory enforcement litigation. Public policy, as implemented in the rules of evidence and pretrial discovery, restrict electronic data discovery (EDD as it becomes a predominant and potentially costly pre-trial activity pivotal to modern litigation. This article discusses these constraints while identifying opportunities for the interdisciplinary activities among litigators, forensic experts and information technology professionals.

Lifting All Boats? Finance Litigation, Education Resources, and Student Needs in the Post-"Rose" Era

Science.gov (United States)

Sims, David P.

2011-01-01

"Rose v. Council for Better Education" (1989) is often considered a transition point in education finance litigation, heralding an era of increasing concern for measurable adequacy of education across a broad spectrum of student needs. Prior research suggests that post-Rose lawsuits had less effect on the distribution of school spending…

Civil-Military Relations in Latin America: The Hedgehog and the Fox Revisited

National Research Council Canada - National Science Library

Bruneau, Thomas C

2005-01-01

This article argues for a new focus in the study of civil-military relations. It seeks to provide civilian policymakers with ideas and information to help them best carry out their responsibilities as democratically elected leaders...

Civil Identity

DEFF Research Database (Denmark)

Petersen, Lars Axel

In this paper I will go through a catalogue of examples of contexts in which the term civil identity is currently used, ranging from the formal and technical process of linking a set of administrative and other events to an individual biological person by means of identity cards, fingerprints, iris...... of Israel to Luce Irigaray's Feminist agenda of elaborating gender specific civil identities. My intention is to investigate whether these different employments of 'civil identity' point towards a common, and fairly well defined object field asking questions of contemporary relevance to the philosophy...

37 CFR 10.64 - Avoiding acquisition of interest in litigation or proceeding before the Office.

Science.gov (United States)

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Avoiding acquisition of interest in litigation or proceeding before the Office. 10.64 Section 10.64 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE Patent and...

Reducing medical complaints and litigation in Malaysia: turning patients' voices into opportunities.

Science.gov (United States)

Kassim, Puteri Nemie Jahn

2007-10-01

One of the most important ironies of modern health care is that public expectations are rising faster than the ability of health services to meet them. Patients nowadays no longer want to be treated as passive recipients of medical care but as co-producers or partners able to manage their illnesses. Thus, it is not surprising that poor communication and failure to take into account the patient's perspective are at the heart of most formal complaints and legal actions in Malaysia. The difficulties of existing complaint procedures in Malaysia have become manifest over the years and this has been accentuated by patients becoming more willing to challenge the decisions of medical practitioners and health service management in court. To reduce the number of complaints and risks of litigation, a more patient-centred approach should be adopted. When patients voice their concern by making a complaint or inquiry, this should be seen as a unique source of information for health care services on why adverse events occur and how to prevent them. As well as reducing future harm to patients, better management of complaints should restore trust and reduce the risk of litigation, through open communication and a commitment to learn from the problem. The existing procedures for patients to be heard in Malaysia should be reviewed and incorporate features such as responsiveness, accessibility, impartiality, simplicity, speed and accountability.

The Principal's Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles.

Science.gov (United States)

Dunklee, Dennis R.; Shoop, Robert J.

This book is designed to inform school administrators regarding school law. As a resource, it provides suggested, easy-to-understand guidelines for the avoidance of litigation. Subjects include preventive law and risk management; constitutional and statutory foundations of staff selection, contracting, and evaluation; negligent hiring, defamation,…

Fundamentals of civil engineering an introduction to the ASCE body of knowledge

CERN Document Server

McCuen, Richard H; Wong, Melanie K

2011-01-01

While the ASCE Body of Knowledge (BOK2) is the codified source for all technical and non-technical information necessary for those seeking to attain licensure in civil engineering, recent graduates have notoriously been lacking in the non-technical aspects even as they excel in the technical. Fundamentals of Civil Engineering: An Introduction to the ASCE Body of Knowledge addresses this shortfall and helps budding engineers develop the knowledge, skills, and attitudes suggested and implied by the BOK2. Written as a resource for all of the non-technical outcomes not specifically covered in the

An Analysis of “Natural” Food Litigation to Build a Sesame Allergy Consumer Class Action.

Science.gov (United States)

Shaker, Dana

In a world where food allergy is still an incurable disease, law and regulation stand as necessary mechanisms to provide food-allergic consumers with the information they need to protect their health. The Food Allergen Labeling and Consumer Protection Act of 2004 provided specific labeling requirements for the “Top Eight” allergens in the U.S.: milk, soy, gluten, egg, tree nut, peanut, fish, and Crustacean shellfish. Since then, sesame has become more prevalent as an allergen and remains just as dangerous, inducing anaphylactic shock in some sesame-allergic individuals. Yet sesame remains unregulated, despite advocates and congressional members arguing for its inclusion. This note entertains one solution to this problem by exploring the most strategic way to bring a sesame allergy class action against a private food company under California’s consumer protection statutes. Because this kind of class action does not have much, if any, precedent, this note analyzes the basic, preliminary issues that any litigant would have to navigate around to certify a class, including preemption, standing, and the claim itself, by focusing on how courts have examined these issues in the recent “natural” class action litigation. It also analyzes the legal, moral, and practical aspects of choosing a type of relief, as well as whom to include in the class. Finally, this note briefly considers how FDA itself can ensure sesame is regulated on the labels of food products, given that some of the legal issues may well be insurmountable for this particular class action. This note explores the potential solutions to difficult legal hurdles in constructing a sesame allergy class action, arguing that litigating a sesame allergy class action—even if it is not ultimately successful—could start a productive conversation that might lead Congress or FDA to provide greater public health and consumer protection for those with sesame allergy.

37 CFR 201.15 - Special handling of pending claims requiring expedited processing for purposes of litigation.

Science.gov (United States)

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Special handling of pending... PROVISIONS § 201.15 Special handling of pending claims requiring expedited processing for purposes of... compelling need for the service exists due to pending or prospective litigation, customs matters, or contract...

Civil law

NARCIS (Netherlands)

Hesselink, M.W.; Gibbons, M.T.

2014-01-01

The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

Reconceptualizing Civil Regulation

DEFF Research Database (Denmark)

Galang, Roberto Martin; Castello, Itziar

2011-01-01

This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility litera....... Finally, we argue that, in Asia, governments act as a structuration mechanism which challenges the current understanding of CSR.......This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility...... and environmental standards; but also that local, small and medium companies play a key role in the development of Asian civil regulation. We call this second finding the “CSR importation trap”. Our findings are supported by evidence on the limitations in the interchangeable properties of business and governments...

Civil partnerships five years on.

Science.gov (United States)

Ross, Helen; Gask, Karen; Berrington, Ann

2011-01-01

The Civil Partnership Act 2004, which came into force in December 2005 allowing same-sex couples in the UK to register their relationship for the first time, celebrated its fifth anniversary in December 2010. This article examines civil partnership in England and Wales, five years on from its introduction. The characteristics of those forming civil partnerships between 2005 and 2010 including age, sex and previous marital/civil partnership status are examined. These are then compared with the characteristics of those marrying over the same period. Further comparisons are also made between civil partnership dissolutions and divorce. The article presents estimates of the number of people currently in civil partnerships and children of civil partners. Finally the article examines attitudes towards same-sex and civil partner couples both in the UK and in other countries across Europe.

Urgensi Hukum Perikatan Islam dalam Penyelesaian Sengketa Ekonomi Syariah

OpenAIRE

Fauzi, Achmad

2009-01-01

This article is aimed to oversee sharia economic legal lawsuit through litigation in court with analyzing judge capability in this lawsuit. This issue is important because every sharia economic activities is based on what contract (akad) contains. The article analyses law of engagement based on Indonesia civil law or Borgelijk Wetboek (BW), law of convention based on sharia economic law compilation, sharia court authority, and sharia economic lawsuit solution steps through litigation. It conc...

Litigation in Obstetrics: a Lesson Learnt and a Lesson to Share

Directory of Open Access Journals (Sweden)

Min Min Chou

2006-03-01

Full Text Available A perfect baby is the expectation of all parents, and a perfect outcome is the mission of obstetrics. Every obstetrician dreads to hear that there is an unexpected maternal mortality and/or severe fetal injury at the hospital. The role of a perceived public expectation of perfection in obstetric medicine reflects a belief that bad outcomes in obstetrics should not be tolerated and that every maternal-fetal injury merits financial compensation and punishment. What has brought these troubling times to obstetric medicine? The drivers behind malpractice crises are the four leading interest groups in the medical-legal debate: pregnant patients and their environment (husband, parents, relatives, friends, legislators, and the media, health-care providers, insurance companies, and trial attorneys. Litigation in obstetrics is the result of a complex of events when malpractice (presumed or real impacts on the attitude of pregnant women and their environment. In such complexity, information is mandatory but may often be misinterpreted. If messages are not tailored to the receiver's capacity, communicating well with the pregnant patient becomes crucial. Therefore, to reduce medical-legal issues in obstetrics, increasing attention and an applicable standard of obstetric care to avoid negligence and medical errors should go along with better communication with pregnant women. Communication should be clear, targeted, effective, flexible, and empathic to share a common language and decisions. This review briefly presents and discusses some of the most frequently encountered medical-legal claim cases in obstetric practice. In-depth review of pregnancy-related deaths and major morbidities can help determine strategies needed to continue making pregnancy safer.

Citizenship in civil society?

NARCIS (Netherlands)

Ossewaarde, Marinus R.R.

2007-01-01

This article seeks to provide a conceptual framework to complement and guide the empirical analysis of civil society. The core argument is that civil society must be understood, not as a category of (post)industrialized society, but as one of individualized society. Civil society is characterized by

Litigation Friends or Foes? Representation of 'P' before the Court of Protection.

Science.gov (United States)

Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

2016-01-01

This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection ('P') which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. © The Author 2016. Published by Oxford University Press.

FROM THE MULTI-PARTY PROCESS OF CLASS ACTIONS TO THE COLLECTIVE PROCESS OF REPETITIVE CASES: MODELS OF COLLECTIVE TUTELAGE IN BRAZILIAN LAW

Directory of Open Access Journals (Sweden)

Graziela Argenta

2017-05-01

Full Text Available The article deals with the models of multi-party litigation established in Brazilian law, considering the class action model and the model systematized by the Civil Procedure Code of 2015 consisting of repetitive case judgments. It exposes the evolution, influences and consolidation of multi-party litigation in the Brazilian legal system, identifies the collective actions microsystem and deals with its relationship with the Civil Procedure Codes of 1973 and 2015, under a constitutional perspective. It presents characteristics of the incident of resolution of repetitive demands and the repetitive extraordinary and special appeals, with comparisons with the model of class actions. It discusses, from a comparative law perspective, the three great models of collective tutelage (American, European, and Brazilian in their relationship with the holders of individual rights. Finally, it brings forward considerations about the due process of law, presenting a doctrinal vision based on the need to evaluate the conflict and the complexity of the litigation to adapt the forms of multi-party conflicts resolution.

78 FR 16244 - Sunshine Act Meeting

Science.gov (United States)

2013-03-14

..., 132 S.Ct. 694 (2012) or Christian Legal Society v. Martinez 130 S.Ct. 2971 (2010) Litigation--Speakers... broader conflict between anti-discrimination norms and civil liberties-- Speakers' Remarks and Questions...

Deciding Who Decides Questions at the Intersection of School Finance Reform Litigation and Standards-Based Accountability Policies

Science.gov (United States)

Superfine, Benjamin Michael

2009-01-01

Courts hearing school finance reform cases have recently begun to consider several issues related to standards-based accountability policies. This convergence of school finance reform litigation and standards-based accountability policies represents a chance for the courts to reallocate decision-making authority for each type of reform across the…

A Two-Stage Approach to Civil Conflict: Contested Incompatibilities and Armed Violence

DEFF Research Database (Denmark)

Bartusevicius, Henrikas; Gleditsch, Kristian Skrede

2017-01-01

conflict origination but have no clear effect on militarization, whereas other features emphasized as shaping the risk of civil war, such as refugee flows and soft state power, strongly influence militarization but not incompatibilities. We posit that a two-stage approach to conflict analysis can help...

Civil Law Glossary.

Science.gov (United States)

Update on Law-Related Education, 1997

1997-01-01

Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

World tendences of civil aviation development and the enlargement of the Lithuanian civil aviation

Directory of Open Access Journals (Sweden)

J. Butkevičius

2006-06-01

Full Text Available The article deals with global trends in civil aviation, such as: liberalisation of aviation market, globalisation of airlines, privatisation of airlines and invasion of low cost airlines into the market. Also the influence of these trends on the Lithuanian civil aviation activities has been defined. The Lithuanian civil aviation activities have been analysed: activities of international airports, passenger and cargo carriers, passenger routes and passenger flows, transportation market and airplane fleet. The problems of the Lithuanian civil aviation activities have been identified and suggestions for the development of the Lithuanian civil aviation activities have been proposed.

Reliability design of mechanical systems a guide for mechanical and civil engineers

CERN Document Server

Woo, Seongwoo

2017-01-01

This book describes basic reliability concepts – parametric ALT plan, failure mechanism and design, and reliability testing with acceleration factor and sample size equation. A generalized life-stress failure model with a new effort concept has been derived and recommended to calculate the acceleration factor of the mechanical system. The new sample size equation with the acceleration factor has also been derived to carry out the parametric ALT. This new parametric ALT should help a mechanical/civil engineer to uncover the design parameters affecting reliability during the design process of the mechanical system. Consequently, it should help companies to improve product reliability and avoid recalls due to the product/structure failures in the field. As the improper or missing design parameters in the design phase are experimentally identified by this new reliability design method - parametric ALT, the mechanical/civil engineering system might improve in reliability by the increase in lifetime and the reduc...

Viewing Health Equity through a Legal Lens: Title VI of the 1964 Civil Rights Act.

Science.gov (United States)

Rosenbaum, Sara; Schmucker, Sara

2017-10-01

Enacted as part of the watershed Civil Rights Act of 1964, Title VI prohibits discrimination by federally assisted entities on the basis of race, color, or national origin. Indeed, the law is as broad as federal funding across the full range of programs and services that affect health. Over the years, governmental enforcement efforts have waxed and waned, and private litigants have confronted barriers to directly invoking its protections. But Title VI endures as the formal mechanism by which the nation rejects discrimination within federally funded programs and services. Enforcement efforts confront problems of proof, remedies whose effectiveness may be blunted by underlying residential segregation patterns, and a judiciary closed to legal challenges focusing on discriminatory impact rather than intentional discrimination. But Title VI enforcement has experienced a resurgence, with strategies that seek to use the law as a basic compliance tool across the range of federally assisted programs. This resurgence reflects an enduring commitment to more equitable outcomes in federally funded programs that bear directly on community health, and it stands as a testament to the vital importance of a legal framework designed to move the nation toward greater health equity. Copyright © 2017 by Duke University Press.

32 CFR 516.68 - Program Fraud Civil Remedies Act (PFCRA).

Science.gov (United States)

2010-07-01

... AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.68 Program... the capability of the government to deter and recover losses from false, fictitious or fraudulent...

The role of public law-based litigation in tobacco companies’ strategies in high-income, FCTC ratifying countries, 2004–14

Science.gov (United States)

Steele, Sarah L.; Gilmore, Anna B.; McKee, Martin; Stuckler, David

2016-01-01

Background Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. Methods WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. Results We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. Discussion We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. PMID:26036703

THE ADVERSARIAL SYSTEM AND THE BEST INTERESTS OF THE CHILD IN DIVORCE LITIGATION: SOME THOUGHTS REGARDING COLLABORATIVE LAW AS A MEANS TO RESOLVE PARENTAL DISPUTES

Directory of Open Access Journals (Sweden)

JA Robinson

2016-03-01

Full Text Available In this contribution it is argued that the adversarial system of litigation does not serve the best interests of children upon divorce. After a brief analysis of the system it is concluded that other less aggressive means of litigation should be considered under upon divorce. Collaborative Law is suggested as a means to bear in mind. The fact that current practice of lawyer negotiations in respect of divorce is not too far removed from Collaborative Law may lead to practitioners readily accepting the concept.

The role of public law-based litigation in tobacco companies' strategies in high-income, FCTC ratifying countries, 2004-14.

Science.gov (United States)

Steele, Sarah L; Gilmore, Anna B; McKee, Martin; Stuckler, David

2016-09-01

Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. © The Author 2015. Published by Oxford University Press on behalf of Faculty of Public Health.

Exploring Civil Drone Accidents and Incidents to Help Prevent Potential Air Disasters

Directory of Open Access Journals (Sweden)

Graham Wild

2016-07-01

Full Text Available A recent alleged “drone” collision with a British Airways Airbus A320 at Heathrow Airport highlighted the need to understand civil Remotely Piloted Aircraft Systems (RPAS accidents and incidents (events. This understanding will facilitate improvements in safety by ensuring efforts are focused to reduce the greatest risks. One hundred and fifty two RPAS events were analyzed. The data was collected from a 10-year period (2006 to 2015. Results show that, in contrast to commercial air transportation (CAT, RPAS events have a significantly different distribution when categorized by occurrence type, phase of flight, and safety issue. Specifically, it was found that RPAS operations are more likely to experience (1 loss of control in-flight, (2 events during takeoff and in cruise, and (3 equipment problems. It was shown that technology issues, not human factors, are the key contributor in RPAS events. This is a significant finding, as it is contrary to the industry view which has held for the past quarter of a century that human factors are the key contributor (which is still the case for CAT. Regulators should therefore look at technologies and not focus solely on operators.

The Influence of Biblical Culture on American Spiritual Civilization

Institute of Scientific and Technical Information of China (English)

李惠子

2014-01-01

Biblical culture is deeply rooted into current American society and culture,widely impacting every aspect of American people’s life.Through discussing about the historical accumulation of biblical culture reflected in America’s societal and spiritual civilization,this essay analyses the importance and function of biblical culture from the aspect of society inheritance,value,literature creation and customs etc.,helping us to further understand and study American society and culture.

The Influence of Biblical Culture on American Spiritual Civilization

Institute of Scientific and Technical Information of China (English)

李惠子

2014-01-01

Biblical culture is deeply rooted into current American society and culture, widely impacting every aspect of American people’s life. Through discussing about the historical accumulation of biblical culture reflected in America’s societal and spiritual civilization, this essay analyses the importance and function of biblical culture from the aspect of society inheritance, value, literature creation and customs etc., helping us to further understand and study American society and culture.

MEDICINAL CANNABIS LAW REFORM: LESSONS FROM CANADIAN LITIGATION.

Science.gov (United States)

Freckelton, Ian

2015-06-01

This editorial reviews medicinal cannabis litigation in Canada's superior courts between 1998 and 2015. It reflects upon the outcomes of the decisions and the reasoning within them. It identifies the issues that have driven Canada's jurisprudence in relation to access to medicinal cannabis, particularly insofar as it has engaged patients' rights to liberty and security of the person. It argues that the sequence of medicinal schemes adopted and refined in Canada provides constructive guidance for countries such as Australia which are contemplating introduction of medicinal cannabis as a therapeutic option in compassionate circumstances for patients. In particular, it contends that Canada's experience suggests that strategies calculated to introduce such schemes in a gradualist way, enabling informed involvement by medical practitioners and pharmacists, and that provide for safe and inexpensive accessibility to forms of medicinal cannabis that are clearly distinguished from recreational use and unlikely to be diverted criminally maximise the chances of such schemes being accepted by key stakeholders.

28 CFR 31.202 - Civil rights.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 31.202 Section 31.202....202 Civil rights. (a) To carry out the State's Federal civil rights responsibilities the plan must: (1) Designate a civil rights contact person who has lead responsibility in insuring that all applicable civil...

Legal process, litigation, and judicial decisions.

Science.gov (United States)

Beresford, H Richard

2013-01-01

Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

Civil War and Inoperativity

DEFF Research Database (Denmark)

Flohr, Mikkel

2017-01-01

This article analyses the penultimate publication in Giorgio Agambens Homo Sacer-series Stasis: Civil War as a Political Paradigm. It compares and contrasts the paradigm of civil war with the preceding paradigm of the exception, and identifies a significant displacement in the relationship between...... civil war and the sovereign state, in spite of Agamben’s insistence on their continuity. Agamben’s decoupling of civil war and the sovereign state facilitates novel political possibilities that unfortunately remain underdeveloped in the book. The article proceeds to develop Agamben’s brief intimations...... of inoperativity towards a concept of destituent power drawing on his other writings. It makes the argument for thinking civil war and inoperativity – stasis and stasis – together to derive a concept of destituent power as a form of revolution against the sovereign state, which does not constitute a new sovereign...

22 CFR 208.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil judgment. 208.920 Section 208.920 Foreign...) Definitions § 208.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

34 CFR 85.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Civil judgment. 85.920 Section 85.920 Education Office...) Definitions § 85.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

2 CFR 180.915 - Civil judgment.

Science.gov (United States)

2010-01-01

... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Civil judgment. 180.915 Section 180.915... § 180.915 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

22 CFR 1006.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1006.920 Section 1006.920...) Definitions § 1006.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

22 CFR 1508.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1508.920 Section 1508.920...) Definitions § 1508.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

Science.gov (United States)

2010-07-01

..., enforceable at law against the United States or the Department of Defense. C. Definitions 1. Demand. Subpoena.... Notwithstanding the provisions of paragraphs F.1.a. and b., the GC, DoD, in litigation involving terrorism...

THE PURPOSE AND FUNCTIONS OF THE PROSECUTOR’S PARTICIPATION IN CIVIL PROCEEDINGS

Directory of Open Access Journals (Sweden)

Oleg Vladislavovich Eremenko

2018-01-01

Full Text Available This article is devoted to a comprehensive, theoretical investigation of the purpose and functions of the prosecutor’s participation in civil proceedings. For understanding the nature of the prosecutor’s participation in civil proceedings, it is necessary to characterize the purpose and functions of his participation in the process. These concepts do not coincide, they should not be confused. The question of the purpose and functions of the prosecutor’s participation in the civil process has great theoretical and practical importance, since the idea of them helps to increase the effectiveness of its activities. In the article analyzed different points of view on the purpose and functions of the prosecutor’s participation in civil proceedings. In his arguments the author relies on the opinions of the leading scientists of the procession lists, and also uses materials of law enforcement practice. The article concludes that the purpose of participation of the prosecutor in the civil process is considered to be the promotion of the implementation of the tasks of justice, for which he fulfills the law-protecting function in the process, acting as an independent participant in civil proceedings and at the same time a representative of the state. The goal is to define the purpose and functions of the prosecutor’s participation in modern civil legal proceedings. Method or methodology of work: in the article used as general scientific methods of cognition: logical, analysis and synthesis, and privately-scientific methods: formal legal, of system analysis. Results: on the basis of the analysis of modern legislation, the opinions of scientists and materials of judicial practice, the author has formulated the conclusions that correspond to the modern interpretation of the purpose and functions of the prosecutor’s participation in civil proceedings. Scope of the results: it is expedient to apply results to the practical workers who are carrying

21 CFR 1404.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Civil judgment. 1404.920 Section 1404.920 Food and...) Definitions § 1404.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

17 CFR 249.103 - Form 3, initial statement of beneficial ownership of securities.

Science.gov (United States)

2010-04-01

... information in investigations or litigation involving the federal securities laws or other civil, criminal, or... affecting Form 3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the...

17 CFR 249.105 - Form 5, annual statement of beneficial ownership of securities.

Science.gov (United States)

2010-04-01

... information in investigations or litigation involving the federal securities laws or other civil, criminal, or... affecting Form 5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the...

Legalisation of Civil Wars

DEFF Research Database (Denmark)

Buhl, Kenneth Øhlenschlæger

2009-01-01

This article is concerned with the legal challenges of regulating civil wars in international humanitarian law. Civil war is not a term used in international law; it falls however, withing the context of the legal term 'armed conflicts not of an international character', although the shorter 'non......-international armed conflict' is used here. Civil wars are usually limited to the territory of a state. Considering that international law is generally concerned with the legal relations between states – being a legal system based on the system of states with states as its subjects – the main question is how civil...... wars as internal conflicts have become subject to international humanitarian law....

Space civil engineering - A new discipline

Science.gov (United States)

Sadeh, Willy Z.; Criswell, Marvin E.

1991-01-01

Space Civil Engineering is an emerging engineering discipline that focuses on extending and expanding the Civil Engineering know-how and practice to the development and maintenance of infrastructure on celestial bodies. Space Civil Engineering is presently being developed as a new discipline within the Department of Civil Engineering at Colorado State University under a recently established NASA Space Grant College Program. Academic programs geared toward creating Space Civil Engineering Options at both undergraduate and graduate levels are being formulated. Basic ideas and concepts of the curriculum in the Space Civil Engineering Option at both undergraduate and graduate levels are presented. The role of Space Civil Engineering in the Space Program is discussed.

B 150 civil engineering futures

DEFF Research Database (Denmark)

Foreword B150 –Civil Engineering Futures consists of interviews made, articles written, and projects presented in connection with the 150th anniversary celebrations of the study of civil engineering in Denmark. Instead of a historical retrospect, it was decided to look into the future. What...... challenges will the next 150 years bring civil engineers? Researchers and lecturers at DTU’s Department of Civil Engineering (known as DTU Byg) suggested possible events, and we also consulted civil engineers and their business partners in the building industry. In this way, a programme was put together...... theme in twentieth century architecture. Together, civil engineer Peter Rice and architect Ian Ritchie created a paradigm shift with their revolutionary ideas for glass facades supported by cables. Glued and bolted constructions made entirely of glass are now a reality in small-scale projects, yet...

Kingdom, church and civil society: A theological paradigm for civil ...

African Journals Online (AJOL)

This article deals with the role that churches can and should play in civil society to develop societal morally. The central-theoretical argument is that the biblical notion of the kingdom of God can, when it is systematically and theologically developed, offer an acceptable foundation for the civil action of churches. In light of this ...

Litigation Friends or Foes? Representation of ‘P’ before the Court of Protection

Science.gov (United States)

Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

2016-01-01

This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection (‘P’) which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. PMID:28007807

5 CFR 919.920 - Civil judgment.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Civil judgment. 919.920 Section 919.920 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.920 Civil judgment. Civil judgment...

9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

Science.gov (United States)

2010-01-01

... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Litigation as to whether a system is...

B 150 civil engineering futures

DEFF Research Database (Denmark)

specific climatic challenge or clean the air. With nanotechnology, the artificial and the natural move closer together; this is the perspective for civil engineer Chris McCarthy’s work all over the world. And what is new is not just the way the construction materials are put together; they also require......Foreword B150 –Civil Engineering Futures consists of interviews made, articles written, and projects presented in connection with the 150th anniversary celebrations of the study of civil engineering in Denmark. Instead of a historical retrospect, it was decided to look into the future. What...... challenges will the next 150 years bring civil engineers? Researchers and lecturers at DTU’s Department of Civil Engineering (known as DTU Byg) suggested possible events, and we also consulted civil engineers and their business partners in the building industry. In this way, a programme was put together...

Civil War

OpenAIRE

Christopher Blattman; Edward Miguel

2010-01-01

Most nations have experienced an internal armed conflict since 1960. The past decade has witnessed an explosion of research into the causes and consequences of civil wars, belatedly bringing the topic into the economics mainstream. This article critically reviews this interdisciplinary literature and charts productive paths forward. Formal theory has focused on a central puzzle: why do civil wars occur at all when, given the high costs of war, groups have every incentive to reach an agreement...

Assessing Success in School Finance Litigation: The Case of New Jersey. Education, Equity, and the Law. No. 1

Science.gov (United States)

Goertz, Margaret E.; Weiss, Michael

2009-01-01

Education finance policy in New Jersey has been shaped by over 30 years of school finance litigation. Through its decisions in "Robinson v. Cahill" (1973-1976) and "Abbott v. Burke" (1985-2005), the justices of New Jersey's supreme court have defined the state's constitutional guarantee of a "thorough and efficient"…

Desobediencia civil: la autoridad de la reflexión vs la autoridad civil

Directory of Open Access Journals (Sweden)

Maria José Urteaga Rodríguez

2016-06-01

Full Text Available ¿Puede la desobediencia civil justificarse moralmente? Este trabajo intenta dar una respuesta afirmativa a esta pregunta. Para dar cuenta de por qué la desobediencia civil es moralmente justificable, primero se describen algunos rasgos esenciales de la desobediencia civil. Después se explica la manera en la que tensión entre el poder civil y el poder del individuo –tensión que se asume como la fuente de la desobediencia civil–, bajo la consideración de algunos pasajes de la Fundamentación metafísica de las costumbres, resulta sólo aparente. Una vez disuelta la tensión se defiende que las fuentes normativas individuales y sociales no sólo no se contraponen, sino que su complementariedad es necesaria para justificar la desobediencia civil. Aunque suene paradójico: sólo se puede abrir espacio a la desobediencia a partir de resaltar la importancia de la obediencia y de la ley.

Civil engineering work

International Nuclear Information System (INIS)

Cousyn, Rene; Goubin, Jean.

1977-01-01

Although it does not require a specifically new technicality, the Civil Engineering site of a nuclear power plant is a complex work. Considering as an example the power plant currently in construction at Tricastin, the authors describe the main Civil Engineering work and task organization applied to carry it out [fr

7 CFR 3017.920 - Civil judgment.

Science.gov (United States)

2010-01-01

... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil judgment. 3017.920 Section 3017.920 Agriculture... AGRICULTURE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 3017.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether...

29 CFR 1471.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 29 Labor 4 2010-07-01 2010-07-01 false Civil judgment. 1471.920 Section 1471.920 Labor Regulations... SUSPENSION (NONPROCUREMENT) Definitions § 1471.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

77 FR 55175 - Civil Penalties

Science.gov (United States)

2012-09-07

... [Docket No. NHTSA-2012-0131; Notice 1] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations of motor vehicle safety requirements... and consumer information provisions. Specifically, this proposes increases in maximum civil penalty...

75 FR 5244 - Civil Penalties

Science.gov (United States)

2010-02-02

... [Docket No. NHTSA-2009-0066; Notice 2] RIN 2127-AK40 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements involving school buses, bumper... theft protection requirements. This action is taken pursuant to the Federal Civil Monetary Penalty...

CIVIL-LEGAL REGULATION OF THE SUPPLY AGREEMENT WITH RETAILERS

Directory of Open Access Journals (Sweden)

Gulshat T. Kamalieva

2015-01-01

Full Text Available The article deals with topical issues in the sphere of delivery contracts with retailеrs. The author makes conclusions based on the conducted analysis of regulations, litigation, commercial practices, in particular on the example of legal delivery contracts with retail chains.

31 CFR 19.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil judgment. 19.920 Section 19.920... SUSPENSION (NONPROCUREMENT) Definitions § 19.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

77 FR 70710 - Civil Penalties

Science.gov (United States)

2012-11-27

... [Docket No. NHTSA-2012-0131; Notice 2] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements for the National Traffic and... provisions. Specifically, this increases the maximum civil penalty amounts for single violations of motor...

29 CFR 98.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Civil judgment. 98.920 Section 98.920 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction...

30 CFR 947.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 947.845 Section 947.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE WASHINGTON § 947.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 941.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 941.845 Section 941.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE SOUTH DAKOTA § 941.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 912.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 912.845 Section 912.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE IDAHO § 912.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 921.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 921.845 Section 921.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MASSACHUSETTS § 921.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 939.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 939.845 Section 939.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE RHODE ISLAND § 939.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 937.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 937.845 Section 937.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON § 937.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 942.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 942.845 Section 942.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE TENNESSEE § 942.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

30 CFR 903.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 903.845 Section 903.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.845 Civil penalties. Part 845 of this chapter, Civil Penalties, applies to the assessment of civil penalties for violations...

30 CFR 910.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 910.845 Section 910.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE GEORGIA § 910.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 922.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 922.845 Section 922.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MICHIGAN § 922.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 933.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 933.845 Section 933.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NORTH CAROLINA § 933.845 Civil penalties. Part 845 of this chaper, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 905.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 905.845 Section 905.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE CALIFORNIA § 905.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

75 FR 79978 - Civil Penalties

Science.gov (United States)

2010-12-21

... [Docket No. NHTSA-2010-0114; Notice 2] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for related series of violations of the National Traffic and Motor Vehicle Safety... Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection...

75 FR 49879 - Civil Penalties

Science.gov (United States)

2010-08-16

... [Docket No. NHTSA-2010-0114; Notice 1] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations covering a related series of... action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as...

76 FR 26682 - Study on Protection of Certain Railroad Risk Reduction Data From Discovery or Use in Litigation

Science.gov (United States)

2011-05-09

...-2011-0025] Study on Protection of Certain Railroad Risk Reduction Data From Discovery or Use in... Act of 2008 (RSIA), FRA is soliciting public comment on the issue of whether it is in the public... withhold from discovery or use in litigation in a Federal or State court proceeding for damages involving...

Material civilization: things and society.

Science.gov (United States)

Dant, Tim

2006-06-01

This paper argues that although classical sociology has largely overlooked the importance of social relations with the material world in shaping the form of society, Braudel's concept of 'material civilization' is a useful way to begin to understand the sociological significance of this relationship. The limitations of Braudel's historical and general concept can be partially overcome with Elias's analysis of the connection between 'technization' and 'civilization' that allows for both a civilizing and a de-civilizing impact of emergent forms of material relation that both lengthen and shorten the chains of interdependence between the members of a society. It is suggested that the concept of the 'morality of things' employed by a number of commentators is useful in summarizing the civilizing effects of material objects and addressing their sociological significance. From the sociology of consumption the idea of materiality as a sign of social relationships can be drawn, and from the sociology of technology the idea of socio-technical systems and actor-networks can contribute to the understanding of material civilization. It is argued that the concept of 'material capital' can usefully summarize the variable social value of objects but to understand the complexity of material civilization as it unfolds in everyday life, an analysis of 'material interaction' is needed. Finally the paper suggests some initial themes and issues apparent in contemporary society that the sociological study of material civilization might address; the increased volume, functional complexity and material specificity of objects and the increased social complexity, autonomy and substitutability that is entailed. A theory of 'material civilization' is the first step in establishing a sociology of objects.

Civil society sphericules

DEFF Research Database (Denmark)

Tufte, Thomas

2014-01-01

the organization strategizes about and seeks to articulate amongst Tanzanian youth. Situated in the ‘perverse confluence’ (Dagnino, 2011) between neoliberal and radical democratic agendas in the communicative practices of civil society-driven media platforms, Femina navigates between identities as an NGO, a social...... movement and a media initiative. In the context of the growing literature on social networking sites and their affordances, dynamics and structures, the case of Femina illustrates how a civil society sphericule emerges within the dynamic co-evolution of new and old media platforms. The study is furthermore...... an example of the difficult shift in civil society practice, from service provision to an agenda of public service monitoring, social accountability and community engagement....

14 CFR 1274.924 - Civil rights.

Science.gov (United States)

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Civil rights. 1274.924 Section 1274.924... FIRMS Other Provisions and Special Conditions § 1274.924 Civil rights. Civil Rights July 2002 Work on NASA cooperative agreements is subject to the provisions of Title VI of the Civil Rights Act of 1964...

Civil and Constitutional Rights of Adjudicated Youth.

Science.gov (United States)

Landess, Jacqueline

2016-01-01

Mental health clinicians serving child and adolescent patients are frequently asked to evaluate youth who have been arrested for various offenses or who are otherwise involved with the juvenile justice system. To help orient clinicians and other stakeholders involved with such cases, this article describes the evolution of the juvenile justice system and summarizes the history and current status of the civil and constitutional rights of youth involved in the adjudicatory process. This article also points out key areas in which due process rights are still evolving, particularly in the case of status offenders. Copyright © 2016 Elsevier Inc. All rights reserved.

The Information Age and the Civil Society: An Interview with Jeremy Rifkin.

Science.gov (United States)

Slavin, Peter

1996-01-01

For over a century, American education's mission has centered on preparing future workers to enter the marketplace. Just as the Industrial Age ended slave labor, the Information Age will end mass wage labor, freeing up millions for shortened work weeks and/or work in the civil society or nonprofit sector. Service learning helps by creating social…

Civil Society and Governance

DEFF Research Database (Denmark)

Hulgård, Lars

An illustration of how important the relationship is between civil society anbd governance. A short historic journey with four snapshots of times and situations that have provided interesting evidence about the connection between civil society and governance. My goal for the short historic journey...... is to make clear and hopefully even verify that providing knowledge about the impact of civil society and citizens’ participation on governance is one of the most urgent research tasks in the current period of time....

A Public Health Analysis of the Proposed Resolution of [the 1997 United States] Tobacco Litigation

OpenAIRE

Fox, Brion J. J.D.; Lightwood, James M. Ph.D.; Glantz, Stanton A. Ph.D.

1998-01-01

The proposed tobacco settlement agreement, as negotiated by some state attorneys general and the tobacco industry that was made public on June 20, 1997 (Appendix F), raises a complex array of public health, public policy, legal and economic issues. It was intended to be a blueprint for national tobacco control legislation that would end the most important litigation current and potential against the tobacco industry. As with most complex legislation, the deal, after it was announced, underwen...

32 CFR 855.13 - Civil fly-ins.

Science.gov (United States)

2010-07-01

... 32 National Defense 6 2010-07-01 2010-07-01 false Civil fly-ins. 855.13 Section 855.13 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE AIRCRAFT CIVIL AIRCRAFT USE OF UNITED STATES AIR FORCE AIRFIELDS Civil Aircraft Landing Permits § 855.13 Civil fly-ins. (a) Civil...

Foreign direct liability and beyond. Exploring the role of tort law in promoting international corporate social responsibility and accountability

NARCIS (Netherlands)

Enneking, L.F.H.

2012-01-01

Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused to people and planet abroad. Increasingly, individuals and communities from developing host countries who have been detrimentally

Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

Energy Technology Data Exchange (ETDEWEB)

Bittar, C A

1983-12-31

The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs.

Fen-Phen Litigation Against American Home Products Corporation: The Widespread Use of Fenfluramine (Pondimin) and Dexfenfluramine (Redux) for Weight Loss, The Health Problems Associated with Those Drugs, the Resulting Litigation Against American Home Prod

OpenAIRE

Tragos, Camille N.

2000-01-01

The fen-phen affair has spawned thousands of lawsuits and a multitude of scientific studies concerning valvular heart disease. It has also led to a lively debate over off-label prescriptions, medical monitoring, and class actions. The proposed Settlement Agreement, while an attempt to put an end to the valvular litigation, will not be the end of the fen-phen affair. The Settlement Agreement has been widely criticized and plaintiffs' lawyers have indicated that there will be a large number of ...

RISK DEFINITION IN CIVIL UNMANNED AVIATION

Directory of Open Access Journals (Sweden)

Volodymyr Kharchenko

2016-12-01

Full Text Available Objective: The risks in unmanned civil aviation are considered as one of the most important. In the article is proved applicability of ensuring the flight safety of aircraft and considered the basic risks of manned civil aviation. Methods: Analyzed statistical data on aviation accidents, organized probabilities distribution of aviation accidents for manned and unmanned civil aviation to identify factors that influence the occurrence of emergency situations in manned and unmanned aviation. Results: We proposed typology of risk components in civil aviation and systematized methods and techniques to reduce risks. Over the analogies defined possible risks, their causes and remedies in civil unmanned aircraft. Weight coefficients distribution was justified between risk types for development of recommendations on risk management in unmanned civil aviation. Discussion: We found that the most probable risk in manned civil aviation is the human factor, organization of air traffic control, design flaws of unmanned aviation system as a whole, as well as maintenance of unmanned aviation system.

Nuclear energy and civilization

International Nuclear Information System (INIS)

Soentono, S.

1996-01-01

The role of energy is indeed very important since without it there will be no living-things in this world. A country's ability to cultivate energy determines the levels of her civilization and wealth. Sufficient energy supply is needed for economic growth, industrialization, and modernization. In a modern civilization, the prosperity and security of a country depends more on the capability of her people rather than the wealth of her natural resources. Energy supplies the wealth, prosperity and security, and sufficient reliable continuous supply of energy secures the sustainable development. The energy supply to sustain the development has to improve the quality of life covering also the quality of environment to support the ever increasing demand of human race civilization. Energy has a closer relationship with civilization in a modern society and will have to become even closer in the future more civilized and more modern society. The utilization of nuclear energy has, however, some problems and challenges, e.g. misleading information and understanding which need serious efforts for public information, public relation, and public acceptance, and possible deviation of nuclear materials for non-peaceful uses which needs serious efforts for technological and administrative barriers, precaution, prevention, safety, physical protection, safeguard, and transparency. These require cooperation among nuclear community. The cooperation should be more pronounced by heterogeneous growing Asian countries to reach harmony for mutual benefits toward better civilization. (J.P.N.)

On civil engineering disasters and their mitigation

Science.gov (United States)

Xie, Lili; Qu, Zhe

2018-01-01

Civil engineering works such as buildings and infrastructure are the carriers of human civilization. They are, however, also the origins of various types of disasters, which are referred to in this paper as civil engineering disasters. This paper presents the concept of civil engineering disasters, their characteristics, classification, causes, and mitigation technologies. Civil engineering disasters are caused primarily by civil engineering defects, which are usually attributed to improper selection of construction site, hazard assessment, design and construction, occupancy, and maintenance. From this viewpoint, many so-called natural disasters such as earthquakes, strong winds, floods, landslides, and debris flows are substantially due to civil engineering defects rather than the actual natural hazards. Civil engineering disasters occur frequently and globally and are the most closely related to human beings among all disasters. This paper emphasizes that such disasters can be mitigated mainly through civil engineering measures, and outlines the related objectives and scientific and technological challenges.

Civil Procedure In Denmark

DEFF Research Database (Denmark)

Werlauff, Erik

scientific activities conducted by the author, partly based on the author's experience as a member, through a number of years, of the Danish Standing Committee on Procedural Law (Retsplejeraadet), which on a continuous basis evaluates the need for civil procedural reforms in Denmark, and finally also based......The book contains an up-to-date survey of Danish civil procedure after the profound Danish procedural reforms in 2007. It deals with questions concerning competence and function of Danish courts, commencement and preparation of civil cases, questions of evidence and burden of proof, international...... procedural questions, including relations to the Brussels I Regulation and Denmark's participation in this Regulation via a parallel convention with the EU countries, impact on Danish civil procedure of the convention on human rights, preparation and pronouncement of judgment and verdict, questions of appeal...

High technology and civil rights

International Nuclear Information System (INIS)

Lerche, P.

1982-01-01

Court decision reflect the widely felt lack of clarity about the present legal situation in the field of high technology. This confusion is also due to the fact that this legal situation is surrounded by civil rights constellations, which have more and more eroded the contours of our legal system in recent years: Today, civil rights are no longer specific, well-definable bulwarks for the citizen, but are more and more frequently interpreted by the supreme courts as sources of procedural requirements with more or less certain often vague consequences. This shifting of the accent in civil rights towards procedural matters is due to an innate logical necessity, however: The same civil right considered in the same situation, e.g., in planning for high technology, may give rise to very different, even contradictory individual claims. Therefore, one of the main modern objectives of civil rights becoming more and more apparent is the need to reconcile conflicting positions, which makes civil rights a driving force in balancing interests in the easiest possible way. Yet, one of the main deficiencies in this rapidly growing procedural approach is the one-sidedness often to be found as a result of isolated, punctual actions. This misses the objective of achieving adequate harmonization. As examples of such one-sided, isolated civil rights approaches, legal opinions are cited on the so-called public participation (possibility to object for those concerned) in the licensing procedures under the German Atomic Energy Act and for protection against environmental impacts. Quity rightly, this participation of the public is interpreted as an advance protection of civil rights. However, its consequences quite often are exaggerated. (orig.) [de

Sustainability issues in civil engineering

CERN Document Server

Saride, Sireesh; Basha, B

2017-01-01

This compilation on sustainability issues in civil engineering comprises contributions from international experts who have been working in the area of sustainability in civil engineering. Many of the contributions have been presented as keynote lectures at the International Conference on Sustainable Civil Infrastructure (ICSCI) held in Hyderabad, India. The book has been divided into core themes of Sustainable Transportation Systems, Sustainable Geosystems, Sustainable Environmental and Water Resources and Sustainable Structural Systems. Use of sustainability principles in engineering has become an important component of the process of design and in this context, design and analysis approaches in civil engineering are being reexamined to incorporate the principles of sustainable designs and construction in practice. Developing economies are on the threshold of rapid infrastructure growth and there is a need to compile the developments in various branches of civil engineering and highlight the issues. It is th...

Questions of legal responsibility for Srebrenica before the Dutch courts

NARCIS (Netherlands)

Spijkers, Otto

This contribution provides an overview of the litigation in the Dutch civil and criminal courts concerning the Srebrenica massacre. The author maps out the Dutch courts' divergent approaches to immunity of United Nations peacekeepers, state responsibility and individual criminal responsibility for

MMPI-2 validity, clinical and content scales, and the Fake Bad Scale for personal injury litigants claiming idiopathic environmental intolerance.

Science.gov (United States)

Staudenmayer, Herman; Phillips, Scott

2007-01-01

Idiopathic environmental intolerance (IEI) is a descriptor for nonspecific complaints that are attributed to environmental exposure. The Minnesota Multiphasic Personality Inventory 2 (MMPI-2) was administered to 50 female and 20 male personal injury litigants alleging IEI. The validity scales indicated no overreporting of psychopathology. Half of the cases had elevated scores on validity scales suggesting defensiveness, and a large number had elevations on Fake Bad Scale (FBS) suggesting overreporting of unauthenticated symptoms. The average T-score profile for females was defined by the two-point code type 3-1 (Hysteria-Hypochondriasis), and the average T-score profile for males was defined by the three-point code type 3-1-2 (Hysteria, Hypochondriasis-Depression). On the content scales, Health Concerns (HEA) scale was significantly elevated. Idiopathic environmental intolerance litigants (a) are more defensive about expressing psychopathology, (b) express distress through somatization, (c) use a self-serving misrepresentation of exaggerated health concerns, and (d) may exaggerate unauthenticated symptoms suggesting malingering.

The Australian litigation landscape - oral and maxillofacial surgery and general dentistry (oral surgery procedures): an analysis of litigation cases.

Science.gov (United States)

Badenoch-Jones, E K; White, B P; Lynham, A J

2016-09-01

There are persistent concerns about litigation in the dental and medical professions. These concerns arise in a setting where general dentists are more frequently undertaking a wider range of oral surgery procedures, potentially increasing legal risk. Judicial cases dealing with medical negligence in the fields of general dentistry (oral surgery procedure) and oral and maxillofacial surgery were located using the three main legal databases. Relevant cases were analysed to determine the procedures involved, the patients' claims of injury, findings of negligence and damages awarded. A thematic analysis of the cases was undertaken to determine trends. Fifteen cases over a 20-year period were located across almost all Australian jurisdictions (eight cases involved general dentists; seven cases involved oral and maxillofacial surgeons). Eleven of the 15 cases involved determinations of whether or not the practitioner had failed in their duty of care; negligence was found in six cases. Eleven of the 15 cases related to molar extractions (eight specifically to third molar). Dental and medical practitioners wanting to manage legal risk should have regard to circumstances arising in judicial cases. Adequate warning of risks is critical, as is offering referral in appropriate cases. Preoperative radiographs, good medical records and processes to ensure appropriate follow-up are also important. © 2015 Australian Dental Association.

Civil liberties and nuclear terrorism

International Nuclear Information System (INIS)

Goldberg, S.

1987-01-01

The importance of preventing nuclear terrorism is so great that it is easy to believe that the usual concern with civil liberties must take a back seat. But it is precisely when emergencies are invoked that the authors must not forget the importance of freedoms. Emergency powers are easily abused, and, even in the absence of abuse, mistakes can be made. It is hard to understand why they care about civil liberties if every suspect is guilty, every wiretap is necessary, and every search is justified. But sometimes suspects are innocent, wiretaps are used for political ends, and searches disrupt lives to no end. Civil liberties do not exist in a vacuum. If society is destroyed, civil liberties are likely to be destroyed as well. Virtually every legal doctrine this study addresses involves a recognition that individual rights must be balanced against valid social needs. The civil liberties focus on here fall under the general headings of freedom of speech and association, privacy, due process rights for suspects, and freedom from unreasonable searches and seizures. One essential point applied to all these areas: although a counterterrorist activity is legal, that does not mean the activity has no impact on civil liberties. It may be legal, for example, to have a massive federal police force that provides hundreds of guards for every shipment of plutonium. Even so, that procedure still raises civil liberties concerns, since many Americans would feel less free in a society of that type

Educational digital resource for data analysis of Civil Engineering laboratory tests

OpenAIRE

Gustavo Henrique Nalon; Paulo Sergio de Almeida Barbosa; Walcyr Duarte Nascimento

2018-01-01

This work aims to implement and evaluate an interactive educational software that helps Civil Engineering students to perform and analyze the calculations related to different Soil Mechanics laboratory tests. This experience consists of an attempt to incorporate information and communication technologies (ICTs) into the engineering teaching-learning process. The content of the program is distributed into three different modules: “Compaction test”, “Consolidation test”, and “Direct shear test”...

Refractions of Civil Society

DEFF Research Database (Denmark)

Kuzmanovic, Daniella

The thesis investigates various perceptions of civil society among civic activists in Turkey, and how these perceptions are produced and shaped. The thesis is an anthropological contribution to studies of civil society in general, as well as to studies on political culture in Turkey....

Information systems for civil engineering; Sistemas de informacion para ingenieria civil

Energy Technology Data Exchange (ETDEWEB)

De Buen R, Pablo R; Alvarado G, Alonso; Alaniz Q, Felipe de J; Guerrero F, Vicente A. [Instituto de Investigaciones Electricas, Cuernavaca, Morelos (Mexico)

2004-07-01

Since its beginnings, in the Gerencia de Ingenieria Civil (GIC) of the Instituto de Investigaciones Electricas (IIE) the interest has existed to take advantage of and to promote the advantages that the appropriate use of the computerizing systems in the different tasks of civil engineering in the power sector represent. Either as a part of its infrastructure or at the request of their clients, at the GIC have been developed calculation systems for the analysis and design of special structures such as turbo-generators foundations, poles for transmission and distribution and transmission towers, in addition the information systems for the consultation and the analysis of diverse information, such as the related to the Manuals of Civil Works of the Comision Federal de Electricidad (CFE) or the relative to the existing instruments in the large dams of our country. In this article are briefly described some of the computer systems developed by the GIC in recent years. [Spanish] Desde sus inicios, en la Gerencia de Ingenieria Civil (GIC) del Instituto de Investigaciones Electricas (IIE) ha existido el interes por aprovechar y promover las ventajas que representa el uso adecuado de los sistemas de computo en las diferentes tareas de ingenieria civil en el sector energetico. Ya sea como parte de su infraestructura o a solicitud de sus clientes, en la GIC se han desarrollado sistemas de calculo para el analisis y diseno de estructuras especiales como lo son las cimentaciones de turbogeneradores, los postes para transmision y distribucion y las torres de transmision, ademas de sistemas de informacion para la consulta y el analisis de informacion diversa, como es la relacionada con los manuales de obras civiles de la Comision Federal de Electricidad (CFE) o a la relativa a los instrumentos existentes en las grandes presas de nuestro pais. En este articulo se describen brevemente algunos de los sistemas de computo desarrollos por la GIC en anos recientes.

Space Civil Engineering option - A progress report

Science.gov (United States)

Criswell, Marvin E.; Sadeh, Willy Z.

1992-01-01

Space Civil Engineering is an emerging engineering discipline that focuses on extending and expanding Civil Engineering to the development, operation, and maintenance of infrastructures on celestial bodies. Space Civil Engineering is presently being developed as a new discipline within the Department of Civil Engineering at Colorado State University and with support of the NASA Space Grant College Program. Academic programs geared toward creating Space Civil Engineering Options at both undergraduate and graduate levels are being formulated. Basic ideas and concepts and the current status of the curriculum in the Space Civil Engineering Option primarily at the undergraduate level are presented.

41 CFR 105-68.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Civil judgment. 105-68... Administration 68-GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 105-68.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction...

47 CFR 90.411 - Civil defense communications.

Science.gov (United States)

2010-10-01

... 47 Telecommunication 5 2010-10-01 2010-10-01 false Civil defense communications. 90.411 Section 90... PRIVATE LAND MOBILE RADIO SERVICES Operating Requirements § 90.411 Civil defense communications. The... necessary for the implementation of civil defense activities assigned such station by local civil defense...

History of Civil Engineering Modal Analysis

DEFF Research Database (Denmark)

Brincker, Rune

2008-01-01

techniques are available for civil engineering modal analysis. The testing of civil structures defers from the traditional modal testing in the sense, that very often it is difficult, or sometimes impossible, to artificially excite a large civil engineering structure. Also, many times, even though...

Geophysics for deposits and civil engineering; Geophysique de gisement et de genie civil

Energy Technology Data Exchange (ETDEWEB)

Mari, J.L. [Institut Francais du Petrole (IFP), 92 - Rueil-Malmaison (France)]|[Ecole Nationale Superieure du Petrole et des Moteurs (ENSPM), 92 - Rueil-Malmaison (France); Arens, G. [ELF Aquitaine Production (France); Chapellier, D. [Lausanne Univ. (Switzerland). Faculte des Sciences; Gaudiani, P. [SEMM, Societe Etude Mesure Maintenance (France)

1998-10-01

This book is devoted to Earth science specialists who will have to use geophysical methods applied to oil and gas deposit studies and to civil engineering studies. It comprises 11 chapters dealing with: the geotechnical problems and the methodology of their study (basement depth, digging, dynamic modules, cavities, foundations, water inflows, refraction and high resolution reflexion shooting, well logging, drilled cores analysis and petrophysical measurements), deposits and civil engineering (heterogeneities, study of deposits, scale problems, train of deposit and geophysical studies), theoretical recalls of seismic surveys and acoustics (wave propagation, mechanical properties of rocks, in-situ conditions and laboratory simulations), reflexion shooting (acquisition, use of surface waves, data processing, civil engineering applications), refraction shooting (underground imaging, recommendations and interpretation of profiles, geological models, applications), well seismic surveys (vertical profile, imaging, well correlations), acoustic logging (tools, data representation, acquisition of acoustic parameters, sonic logging and time-depth relationship, synthetic seismograms, acoustic reflexion imaging, characterisation of formations using Stoneley waves), examples of civil engineering studies (deterministic, statistical and evolutive approaches, structural and stratigraphic interpretation of seismic data, hydrocarbon indicators, statistics and data analysis), radar (electromagnetic wave propagation, surface use, use in drilling), well logging in geotechnical studies (deposit studies, civil engineering studies), well logging and soil mechanics (preciseness, estimation of elastic modules). (J.S.) 231 refs.

28 CFR 522.11 - Civil contempt commitments.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Civil contempt commitments. 522.11..., CLASSIFICATION, AND TRANSFER ADMISSION TO INSTITUTION Civil Contempt of Court Commitments § 522.11 Civil contempt commitments. Inmates can come into Bureau custody for civil contempt commitments in two ways: (a) The U.S...

On the history of codification of Hungarian civil law and the new Hungarian civil code

Directory of Open Access Journals (Sweden)

Salma Jožef

2014-01-01

Full Text Available The first part of the paper examines the basic tendencies in the development of the codification of Hungarian civil law in the period of representative and civil society. The second part deals with the new Hungarian Civil Code (2013/14 its content, methods of regulation and its relation to other civil legislation, temporal validity with the adherence to the idea of validity pro futuro, as well as its tendency to harmonize its norms with the guidelines of the European civil law. In accordance with the idea of completeness, the lawmakers incorporated all of the areas of civil law according to the pandecta system - personal law, corporate law with civil association law, family law, obligations and inheritance. The Code is based on the principle of equality of parties in civil relations, the principle of good faith, fraus legis prohibition. Family law is based on specific principles of protection of marriage, family and children. Contract law is based on the freedom of contract, limited by good customs and morality. Tort law is guided by the principle of prohibiting the harm to others, full compensation of material and imaterial damages. Contractual responsibility is regulated separately, so that the tort rules apply if the specific rules of contractual responsibility donot say otherwise. Other grounds for obligations are also regulated, as well as unjustified enrichment, doing business without order or authority, unilateral expression of intention and securities. The grounds for inheritance are contractual, statutory or based on the will. Freedom of disposition by will is limited by statutory rules regulating the forced share. The system of transfer of property ex lege after the death is adopted. The state is a successor if there are no testamentary, statutory or contractual inheritors.

How persistent is civilization growth?

OpenAIRE

Garrett, Timothy J.

2011-01-01

In a recent study (Garrett, 2011), I described theoretical arguments and empirical evidence showing how civilization evolution might be considered from a purely physical basis. One implication is that civilization exhibits the property of persistence in its growth. Here, this argument is elaborated further, and specific near-term forecasts are provided for key economic variables and anthropogenic CO2 emission rates at global scales. Absent some external shock, civilization wealth, energy cons...

Civil forensic psychiatry - Part 2: specific issues.

Science.gov (United States)

Samuels, Anthony H

2018-06-01

This paper describes the main areas of civil forensic psychiatry (FP) and the skills required by psychiatric experts. Some specific areas of civil FP are discussed, including tort law reform, reliability of psychiatric evidence, contentious psychiatric disorders, and the many domains of civil FP. Civil FP is an important sub-specialty component of forensic psychiatry that requires greater emphasis in the training and continuing education of psychiatrists. A process of accrediting psychiatrists as having competency in advanced civil FP may be of value.

Alternatives to litigation for health care conflicts and claims: alternative dispute resolution in medicine.

Science.gov (United States)

Dauer, Edward A

2002-12-01

Health care has undergone radical changes, and it may be predicted that further changes are in the offing as the burdens and the benefits of the newer configurations become known. Change in any system stresses it, creating opportunities for conflict as people and organizations adjust to new realities and encounter changed expectations. The opportunities for conflict in health care (and legal conflict with it), therefore, have been and will continue to be a measurable part of health care's daily life. Many of these conflicts can be managed through one or another of the several forms of ADR. Some ADR procedures are most productive when used as alternatives to impending litigation. Others may be employed when litigation is not likely but when the persistence of conflict, such as that within a newly structured provider organization, would otherwise take its toll on the productivity of the organization and those who work within it. The challenge in using ADR for any of these problems is similar to what physicians understand as differential diagnosis. A good therapy applied to the wrong case yields a bad result. The world of ADR has matured to the point at which the salient features of both cases and procedures are well-enough understood to allow for low-risk and high-benefit applications. This is particularly true for disputes involving allegations of medical error, where the indicators of efficacy are very positive and the risks to safety are comfortably low. Mediation in particular, but mediation of the interest-based style rather than the settlement conference style, deserves fuller consideration and broader use.

Apps for Ancient Civilizations

Science.gov (United States)

Thompson, Stephanie

2011-01-01

This project incorporates technology and a historical emphasis on science drawn from ancient civilizations to promote a greater understanding of conceptual science. In the Apps for Ancient Civilizations project, students investigate an ancient culture to discover how people might have used science and math smartphone apps to make their lives…

7 CFR 761.3 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 7 2010-01-01 2010-01-01 false Civil rights. 761.3 Section 761.3 Agriculture... SPECIAL PROGRAMS GENERAL PROGRAM ADMINISTRATION General Provisions § 761.3 Civil rights. Part 15d of this title contains applicable regulations pertaining to civil rights and filing of discrimination complaints...

12 CFR 622.61 - Adjustment of civil money penalties by the rate of inflation under the Federal Civil Penalties...

Science.gov (United States)

2010-01-01

... civil money penalties by the rate of inflation under the Federal Civil Penalties Inflation Adjustment... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Adjustment of civil money penalties by the rate of inflation under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. 622.61...

25 CFR 11.503 - Applicable civil procedure.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Applicable civil procedure. 11.503 Section 11.503 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.503 Applicable civil procedure. The procedure to be followed in civil...

24 CFR 81.83 - Civil money penalties.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Civil money penalties. 81.83... § 81.83 Civil money penalties. (a) Imposition. The Secretary may impose a civil money penalty on a GSE... writing of the Secretary's determination to impose a civil money penalty by issuing a Notice of Intent to...

Civil Rights Laws as Tools to Advance Health in the Twenty-First Century.

Science.gov (United States)

McGowan, Angela K; Lee, Mary M; Meneses, Cristina M; Perkins, Jane; Youdelman, Mara

2016-01-01

To improve health in the twenty-first century, to promote both access to and quality of health care services and delivery, and to address significant health disparities, legal and policy approaches, specifically those focused on civil rights, could be used more intentionally and strategically. This review describes how civil rights laws, and their implementation and enforcement, help to encourage health in the United States, and it provides examples for peers around the world. The review uses a broad lens to define health for both classes of individuals and their communities--places where people live, learn, work, and play. Suggestions are offered for improving health and equity broadly, especially within societal groups and marginalized populations. These recommendations include multisectorial approaches that focus on the social determinants of health.

38 CFR 21.7310 - Civil rights.

Science.gov (United States)

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Civil rights. 21.7310... Bill-Active Duty) Administrative § 21.7310 Civil rights. (a) Delegation of authority concerning Federal... her jurisdiction. See part 18 of this chapter. These equal opportunity laws are: (1) Title VI, Civil...

32 CFR 310.46 - Civil actions.

Science.gov (United States)

2010-07-01

... 32 National Defense 2 2010-07-01 2010-07-01 false Civil actions. 310.46 Section 310.46 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DOD PRIVACY PROGRAM Privacy Act Violations § 310.46 Civil actions. An individual may file a civil suit...

7 CFR 250.21 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 4 2010-01-01 2010-01-01 false Civil rights. 250.21 Section 250.21 Agriculture... TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION General Operating Provisions § 250.21 Civil... Department's nondiscrimination regulations (7 CFR parts 15, 15a, and 15b) and the FNS civil rights...

7 CFR 1709.18 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1709.18 Section 1709.18 Agriculture... ASSISTANCE TO HIGH ENERGY COST COMMUNITIES General Requirements § 1709.18 Civil rights. This program will be administered in accordance with applicable Federal Civil Rights Law. All grants made under this subpart are...

50 CFR 401.22 - Civil rights.

Science.gov (United States)

2010-10-01

... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Civil rights. 401.22 Section 401.22..., DEVELOPMENT AND ENHANCEMENT § 401.22 Civil rights. Each application for Federal assistance, grant-in-aid award... Assisted Programs of the Civil Rights Act of 1964 and with the Secretary's regulations promulgated...

49 CFR 233.11 - Civil penalties.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalties. 233.11 Section 233.11..., DEPARTMENT OF TRANSPORTATION SIGNAL SYSTEMS REPORTING REQUIREMENTS § 233.11 Civil penalties. Any person (an... subject to a civil penalty of at least $650 and not more than $25,000 per violation, except that...

The Underappreciated Doctors of The American Civil Rights Movement. Part I: Theodore Roosevelt Mason Howard, MD.

Science.gov (United States)

deShazo, Richard D; Parker, Sara B

2017-07-01

During the fight to end segregation in the United States, most of the 25 or so black physicians who had not already left Mississippi took risks to become active in civil rights locally and nationally. One of the first was T.R.M. Howard, MD, whose life story is both an encouragement and warning for today's physicians. Howard, the protégé of a white Adventist physician, became active in civil rights during medical school. While serving as chief surgeon of the all-black hospital in Mississippi, he formed his own civil rights organization in 1951 and worked to solve the shootings of 2 of its members, George Lee and Gus Courts, and the murder of Emmett Till in 1955. His reports of these events and collaborations with other civil rights icons helped trigger the modern civil rights movement. At the same time, he became a nationally known proponent of abortion rights and then fled to Chicago in 1956, after arming his Delta mansion with long guns and a Thompson machine gun. Howard will be remembered for many things, including his activism for the social determinants of health as president of the National Medical Association. Copyright © 2017 Southern Society for Clinical Investigation. Published by Elsevier Inc. All rights reserved.

Beyond strong and weak: rethinking postdictatorship civil societies.

Science.gov (United States)

Riley, Dylan; Fernández, Juan J

2014-09-01

What is the impact of dictatorships on postdictatorial civil societies? Bottom-up theories suggest that totalitarian dictatorships destroy civil society while authoritarian ones allow for its development. Top-down theories of civil society suggest that totalitarianism can create civil societies while authoritarianism is unlikely to. This article argues that both these perspectives suffer from a one-dimensional understanding of civil society that conflates strength and autonomy. Accordingly we distinguish these two dimensions and argue that totalitarian dictatorships tend to create organizationally strong but heteronomous civil societies, while authoritarian ones tend to create relatively autonomous but organizationally weak civil societies. We then test this conceptualization by closely examining the historical connection between dictatorship and civil society development in Italy (a posttotalitarian case) and Spain (a postauthoritarian one). Our article concludes by reflecting on the implications of our argument for democratic theory, civil society theory, and theories of regime variation.

7 CFR 3550.3 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3550.3 Section 3550.3 Agriculture... DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS General § 3550.3 Civil rights. RHS will administer its... amended by Executive Order 12259, as applicable. The civil rights compliance requirements for RHS are in 7...

34 CFR 303.424 - Civil action.

Science.gov (United States)

2010-07-01

... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 303.424 Section 303.424 Education... Civil action. Any party aggrieved by the findings and decision regarding an administrative complaint has the right to bring a civil action in State or Federal court under section 639(a)(1) of the Act...

49 CFR 228.21 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 228.21 Section 228.21..., DEPARTMENT OF TRANSPORTATION HOURS OF SERVICE OF RAILROAD EMPLOYEES Records and Reporting § 228.21 Civil... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation, except...

78 FR 672 - Civil Monetary Penalties

Science.gov (United States)

2013-01-04

... Part 3560 RIN 0575AC93 Civil Monetary Penalties AGENCY: Rural Housing Service, USDA. ACTION: Proposed rule. SUMMARY: The Rural Housing Service (RHS or Agency) proposes to implement two civil monetary... civil monetary penalties under the authority of 42 U.S.C. 1490s (section 543 of the Housing Act of 1949...

12 CFR 229.21 - Civil liability.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

Firing without fear. Heading off litigation in employee terminations.

Science.gov (United States)

Elliott, C L; Kaiser, G

1989-03-01

Under most state laws, employee handbooks carry the status of employment contracts, or such contracts are implied through various employment conversations. Unlike in the past, when a management decision to discharge an employee could be challenged only for statutory or public policy reasons, today's employer may have to prove that he or she did not violate an employee's contractual right to employment. Employers can reduce the risk of employment liability through practical steps such as careful monitoring and documenting of the hiring, performance appraisal, and disciplinary processes, and a credible grievance procedure. Many employers have found, however, that taking these steps does not always prevent litigation. Certain legal precautions, such as written disclaimers and other handbook revisions, can result in the dismissal of such actions before trial and will deter many plaintiffs' attorneys from taking the case. The strongest legal protection in termination situations is a release of all claims executed by the employee and supported by severance pay or other valuable consideration to which the employee would not be otherwise entitled.

Changing Landscapes in Documentation Efforts: Civil Society Documentation of Serious Human Rights Violations

Directory of Open Access Journals (Sweden)

Brianne McGonigle Leyh

2017-04-01

Full Text Available Wittingly or unwittingly, civil society actors have long been faced with the task of documenting serious human rights violations. Thirty years ago, such efforts were largely organised by grassroots movements, often with little support or funding from international actors. Sharing information and best practices was difficult. Today that situation has significantly changed. The purpose of this article is to explore the changing landscape of civil society documentation of serious human rights violations, and what that means for standardising and professionalising documentation efforts. Using the recent Hisséne Habré case as an example, this article begins by looking at how civil society documentation can successfully influence an accountability process. Next, the article touches upon barriers that continue to impede greater documentation efforts. The article examines the changing landscape of documentation, focusing on technological changes and the rise of citizen journalism and unofficial investigations, using Syria as an example, as well as on the increasing support for documentation efforts both in Syria and worldwide. The changing landscape has resulted in the proliferation of international documentation initiatives aimed at providing local civil society actors guidelines and practical assistance on how to recognise, collect, manage, store and use information about serious human rights violations, as well as on how to minimise the risks associated with the documentation of human rights violations. The recent initiatives undertaken by international civil society, including those by the Public International Law & Policy Group, play an important role in helping to standardise and professionalise documentation work and promote the foundational principles of documentation, namely the ‘do no harm’ principle, and the principles of informed consent and confidentiality. Recognising the drawback that greater professionalisation may bring, it

49 CFR 221.7 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 221.7 Section 221.7 Transportation... TRANSPORTATION REAR END MARKING DEVICE-PASSENGER, COMMUTER AND FREIGHT TRAINS General § 221.7 Civil penalty. Any... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation, except...

31 CFR 103.57 - Civil penalty.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil penalty. 103.57 Section 103.57... REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS General Provisions § 103.57 Civil penalty. (a) For any... willfully participates in the violation, a civil penalty not to exceed $1,000. (b) For any willful violation...

30 CFR 881.12 - Civil rights.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 881.12 Section 881.12 Mineral... LAND RECLAMATION SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA § 881.12 Civil rights. State or local authorities shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and all...

28 CFR 33.52 - Civil rights.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 33.52 Section 33.52... Block Grants Additional Requirements § 33.52 Civil rights. The Justice Assistance Act provides that “no... the provisions of title VI of the Civil Rights Act of 1964; section 504 of the Rehabilitation Act of...

34 CFR 300.516 - Civil action.

Science.gov (United States)

2010-07-01

... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 300.516 Section 300.516 Education... DISABILITIES Procedural Safeguards Due Process Procedures for Parents and Children § 300.516 Civil action. (a... aggrieved by the findings and decision under § 300.514(b), has the right to bring a civil action with...

33 CFR 401.102 - Civil penalty.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Civil penalty. 401.102 Section... TRANSPORTATION SEAWAY REGULATIONS AND RULES Penalties-Violations of Seaway Regulations § 401.102 Civil penalty. (a) A person, as described in § 401.101(b), who violates a regulation is liable to a civil penalty of...

50 CFR 82.20 - Civil rights.

Science.gov (United States)

2010-10-01

... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Civil rights. 82.20 Section 82.20 Wildlife... (MARINE MAMMAL PROTECTION ACT OF 1972) Administration § 82.20 Civil rights. Each cooperative agreement... Civil Rights Act of 1964, 42 U.S.C. 2000d-2000d-4, and with the Secretary's regulations promulgated...

49 CFR 218.9 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 218.9 Section 218.9 Transportation... TRANSPORTATION RAILROAD OPERATING PRACTICES General § 218.9 Civil penalty. Any person (an entity of any type... requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at...

50 CFR 300.40 - Civil penalties.

Science.gov (United States)

2010-10-01

... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Civil penalties. 300.40 Section 300.40... South Pacific Tuna Fisheries § 300.40 Civil penalties. The procedures of 15 CFR part 904 apply to the assessment of civil penalties, except as modified by the requirements of section 8 of the Act. ...

7 CFR 1435.201 - Civil penalties.

Science.gov (United States)

2010-01-01

... 7 Agriculture 10 2010-01-01 2010-01-01 false Civil penalties. 1435.201 Section 1435.201... Recordkeeping Requirements § 1435.201 Civil penalties. (a) Any processor, refiner, or importer of sugar, syrup... false data required under § 1435.200(a) through (e), is subject to a civil penalty of no more than $10...

GPS Civil Monitoring Performance Specification

Science.gov (United States)

2009-02-10

This Civil Monitoring Performance Specification (CMPS) is published and maintained at : the direction of the Program Manager for Civil Applications, Global Positioning Systems : Wing (GPSW). The purpose of this document is to provide a comprehensive ...

32 CFR 516.19 - Injunctive relief.

Science.gov (United States)

2010-07-01

... Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.19 Injunctive relief. (a) General. Plaintiffs...). Because these actions can quickly impede military functions, immediate and decisive action must be taken...

14 CFR 1212.800 - Civil remedies.

Science.gov (United States)

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Civil remedies. 1212.800 Section 1212.800... Comply With Requirements of This Part § 1212.800 Civil remedies. Failure to comply with the requirements of the Privacy Act and this part could subject NASA to civil suit under the provisions of 5 U.S.C...

13 CFR 302.20 - Civil rights.

Science.gov (United States)

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Civil rights. 302.20 Section 302... TERMS AND CONDITIONS FOR INVESTMENT ASSISTANCE § 302.20 Civil rights. (a) Discrimination is prohibited... 601 of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.) (proscribing...

30 CFR 880.16 - Civil rights.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 880.16 Section 880.16 Mineral... LAND RECLAMATION MINE FIRE CONTROL § 880.16 Civil rights. State and local authorities shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or pursuant to...

49 CFR 235.9 - Civil penalty.

Science.gov (United States)

2010-10-01

... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 235.9 Section 235.9 Transportation... SIGNAL SYSTEM OR RELIEF FROM THE REQUIREMENTS OF PART 236 § 235.9 Civil penalty. Any person (an entity of... violates any requirement of this part or causes the violation of any such requirement is subject to a civil...

7 CFR 3560.2 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3560.2 Section 3560.2 Agriculture... DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS General Provisions and Definitions § 3560.2 Civil rights. (a... prohibition under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Title VI regulations against...

22 CFR 127.10 - Civil penalty.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil penalty. 127.10 Section 127.10 Foreign... Civil penalty. (a) The Assistant Secretary of State for Political-Military Affairs is authorized to impose a civil penalty in an amount not to exceed that authorized by 22 U.S.C. 2778, 2779a and 2780 for...

28 CFR 65.52 - Civil rights.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Civil rights. 65.52 Section 65.52... Additional Requirements § 65.52 Civil rights. The Act provides that “no person in any state shall on the... funds under the Act are also subject to the provisions of title VI of the Civil Rights Act of 1964...

10 CFR 110.64 - Civil penalty.

Science.gov (United States)

2010-01-01

... 10 Energy 2 2010-01-01 2010-01-01 false Civil penalty. 110.64 Section 110.64 Energy NUCLEAR... Enforcement § 110.64 Civil penalty. (a) In response to a violation, the Commission may institute a proceeding to impose a civil penalty under section 234 of the Atomic Energy Act by issuing a notice to the...

10 CFR 1017.29 - Civil penalty.

Science.gov (United States)

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Civil penalty. 1017.29 Section 1017.29 Energy DEPARTMENT... INFORMATION Violations § 1017.29 Civil penalty. Link to an amendment published at 74 FR 66033, Dec. 14, 2009... subject to a civil penalty under this part: (1) 10 CFR Part 1017—Identification and Protection of...

12 CFR 215.11 - Civil penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 2 2010-01-01 2010-01-01 false Civil penalties. 215.11 Section 215.11 Banks... OFFICERS, DIRECTORS, AND PRINCIPAL SHAREHOLDERS OF MEMBER BANKS (REGULATION O) § 215.11 Civil penalties... subject to civil penalties as specified in section 29 of the Federal Reserve Act (12 U.S.C. 504). [Reg. O...

39 CFR 233.12 - Civil penalties.

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false Civil penalties. 233.12 Section 233.12 Postal... Civil penalties. False representation and lottery orders— (a) Issuance. Pursuant to 39 U.S.C. 3005, the... be liable to the United States for a civil penalty in an amount not to exceed $11,000 for each day...

Producing Civil Society

DEFF Research Database (Denmark)

Feldt, Liv Egholm; Hein Jessen, Mathias

Since the beginning of the 1990’s, civil society has attracted both scholarly and political interest as the ‘third sphere’ outside the state and the market not only a normatively privileged site of communication and ‘the public sphere’, but also as a resource for democratization processes...... and social cohesion, as well as a provider of welfare services from a welfare state in dire straits. However, such a view upholds a sharp distinction between the three sectors and their distinct logic. This article claims that the separation of spheres is a fundamental part of our ‘social imaginary......’ and as such dominates our way of thinking about civil society. Yet, this view hinders the understanding of how civil society is not a pre-existing or given sphere, but a sphere which is constantly produced both discursively, conceptually and practically. Through two examples; 1,the case of philanthropy in the beginning...

Julgamentos parciais no processo civil

OpenAIRE

Antonio Carlos Nachif Correia Filho

2015-01-01

Este trabalho trata fundamentalmente da admissibilidade dos julgamentos parciais do mérito e de questões de mérito no sistema processual civil brasileiro, considerando especialmente o modelo constitucional de processo civil, bem como no sistema processual prospectivo previsto no Projeto de Novo Código de Processo Civil, que deve entrar vigor em breve. Com este objetivo, será abordado no início da dissertação o dogma da unidade estrutural da sentença, sua origem, fundamentos e aplicabilidade n...

Experiences in Radiation Litigation

International Nuclear Information System (INIS)

Jose, D.E.

2002-01-01

Approximately 20 years ago three events in the United States caused a significant increase in lawsuits filed by persons who claimed to have been injured from exposure to ionizing radiation. I have had some involvement in each of them. One event was the lawsuit filed by Karen Silkwood against Kerr McGee arising out of plutonium that had been found in her home. The Silkwood story became a popular movie and sensitized radiation workers to alleged injury from work related exposures. I participated in the United States Department of Justice amicus brief to the United States Supreme Court and attended that oral argument in the Supreme Court. The second event was a series of litigations filed against the United States by persons who had either been soldiers at the above ground testing of nuclear weapons (the so called a tomic soldiers ) or had been residents living downwind from the place where the bombs were exploded (the so called d ownwinders ) . I was responsible for defending many of these lawsuits as an attorney in the United States Department of Justice. The third event was the accident at Three Mile Island. Thousands of lawsuits were filed by nearby residents. After I entered private practice, I worked on those cases for some years. These three events served to stimulate an increase in cases filed because persons believe that their current illness was caused by some prior exposure to radiation. Most recently I have been defending lawsuits filed by persons who once worked at commercial nuclear power plants and now have some type of cancer. Over these 20 years I have won about 30 cases involving about 50 plaintiffs. In none of these cases was it likely that the person's cancer was caused by his radiation exposure. In fact, the plaintiff's dose was generally less than the average person's lifetime dose from diagnostic x-rays. There is a way in this mixed field of law and science to develop basic rules by which the legal system can quite easily distinguish between a

42 CFR 59.209 - Civil rights.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Civil rights. 59.209 Section 59.209 Public Health... Grants for Family Planning Service Training § 59.209 Civil rights. Attention is called to the requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d et seq.) and in...

Cognitive performance after mild traumatic brain injury: the impact of poor effort on test results and its relation to distress, personality and litigation.

NARCIS (Netherlands)

Stulemeijer, M.; Andriessen, T.M.J.C.; Brauer, J.M.; Vos, P.E.; Werf, S.P. van der

2007-01-01

PRIMARY OBJECTIVE: To compare consecutive Mild Traumatic Brain Injury (MTBI) patients with and without adequate effort on cognitive performance, litigation status, fatigue, distress and personality. RESEARCH DESIGN: (Neuro)psychological assessment was done 6 months post-injury in 110 patients from a

Politicized Civil Society in Bangladesh: Case Study Analyses

Directory of Open Access Journals (Sweden)

Farhat Tasnim

2017-03-01

Full Text Available Although civil society in Bangladesh is recognized for its vibrant performance in social development, it is often criticized for its inability to ensure good governance and democracy. The aim of this paper is to point out the reasons for this failure of civil society. Through performing case studies upon five civil society organizations representing different sector and level of the civil society, the paper concludes that civil society organizations in Bangladesh are often politicized and co-opted by different political parties. In a typical scenario, civil society can provide a counterbalance or even monitor the state both at the national and local level. However, in Bangladesh, often the civil society organizations have compromised their autonomy and politicized themselves to certain political parties or political block. In such a vulnerable position, civil society can hardly play its expected role to ensure good governance and strengthen democracy.

Proposal for the increase of the contract amounts for LHC civil engineering construction and civil engineering consultancy contracts

CERN Document Server

2001-01-01

This document concerns the increase of the contract amounts for LHC civil engineering construction contracts and civil engineering consultancy contracts. The Finance Committee is invited to agree to the increase of the contract amounts with: - the joint venture TEERAG-ASDAG (AT), C. BARESEL (DE) and LOCHER (CH) for civil engineering construction, package 1, for a revised total amount of 91 500 000 Swiss francs, subject to revision; - the joint venture EDF (FR) and KNIGHT&PIESOLD (GB) for the provision of civil engineering consultancy services, package 1, for a revised total amount of 14 400 000 Swiss francs, subject to revision; - the joint venture TAYLOR WOODROW (GB), AMEC (GB) and SPIE BATIGNOLLES (FR) for civil engineering construction, package 3a, for a revised total amount of 118 000 000 Swiss francs, subject to revision; - the joint venture BROWN&ROOT (GB), INTECSA (ES) and HIDROTECNICA (PT) for the provision of civil engineering consultancy services, package 3, for a revised total amount of 14 ...

Expanding Advanced Civilizations in the Universe

Science.gov (United States)

Gros, C.

The 1950 lunch-table remark by Enrico Fermi `Where is everybody' has started intensive scientific and philosophical discussions about what we call nowadays the `Fermi paradox': If there had been ever a single advanced civilization in the cosmological history of our galaxy, dedicated to expansion, it would have had plenty of time to colonize the entire galaxy via exponential growth. No evidence of present or past alien visits to earth are known to us, leading to the standard conclusion that no advanced expanding civilization has ever existed in the milky-way. This conclusion rest fundamentally on the ad-hoc assumption, that any alien civilizations dedicated to expansion at one time would remain dedicated to expansions forever. Considering our limited knowledge about alien civilizations we need however to relax this basic assumption. Here we show that a substantial and stable population of expanding advanced civilization might consequently exist in our galaxy.

The Most Restrictive Alternative: A Litigation History of Solitary Confinement in U.S. Prisons, 1960-2006

OpenAIRE

Reiter, Keramet Ann

2012-01-01

Supermaxes across the United States detain thousands in long-term solitary confinement, under conditions of extreme sensory deprivation. Almost every state built a supermax between the late 1980s and the late 1990s. This chapter examines the role of federal prisoners’ rights litigation in the 1960s and 1970s in shaping the prisons, especially supermaxes, built in the 1980s and 1990s in the United States. This chapter uses a systematic analysis of federal court case law, as well as archival re...

Features of personnel motivation in the civil service

Directory of Open Access Journals (Sweden)

N. F. Artemenko

2016-06-01

The problems and the current state of civil servants motivation are investigated. The author reveals the contents of the new Law of Ukraine «On Civil Service» in the context of civil servants motivation and determines the ways of improving civil servants motivation in Ukraine.

32 CFR 516.42 - Reference to HQDA.

Science.gov (United States)

2010-07-01

... Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope § 516.42 Reference to HQDA. (a... communication, transportation, or utility service proceedings will be submitted to the Regulatory Law Office. (6...

Offensive Student Web Sites: What Should Schools Do?

Science.gov (United States)

Conn, Kathleen

2001-01-01

Threatening student web sites raise complex legal questions for schools. According to "Tinker v. Des Moines (1969), students' First Amendment rights must be abridged to ensure an orderly school environment. Recent litigation, educator rights, American Civil Liberties Union interventions, and legally defensible strategies for schools are…

Responsabilidade civil do Estado por omissão estatal Civil liability of the State for environmental neglect

Directory of Open Access Journals (Sweden)

Haide Maria Hupffer

2012-06-01

Full Text Available Constituição Federal de 1988 é um divisor de águas ao assumir-se como Constituição Ambiental, provocando uma ruptura em relação ao conceito de responsabilidade civil. Partindo de uma abordagem qualitativa, dialética e jurisprudencial, este artigo analisa o Princípio Responsabilidade desenvolvido por hans jonas e realiza um diálogo com o instituto da responsabilidade civil ambiental, identificando, com apoio na legislação constitucional e infraconstitucional, as controvérsias doutrinárias acerca da natureza da responsabilidade estatal (objetiva ou subjetiva frente a casos de omissão da administração pública e à ocorrência de dano ambiental. Conclui-se que o Superior Tribunal de Justiça assume uma dimensão mais alargada do conceito de responsabilidade civil do Estado, demonstrando uma tendência pela responsabilidade civil objetiva com base no risco. Assim, o Brasil, salvo algumas divergências doutrinárias, adota a responsabilidade civil objetiva do Estado pela teoria do risco administrativo alicerçada no ato ilícito e na aceitação do risco.The Federal Constitution of 1988 is a 'water divisor' since it assumes the role of Environmental Constitution, causing a rapture of the concept of civil liability. Starting from a qualitative, dialectical and jurisprudential approach, this article analyzes the Principle of Liability according to Hans Jonas in order to dialogue with the Institute of Civil Environmental Liability, identifying, with the support of the constitutional and infraconstitutional legislation, the doctrinary controversies about the nature of state liability (objective or subjective towards cases of neglect by the public administration and the event of environmental damage. It is possible to conclude that the Higher Court of Justice assumes a larger dimension of the civil liability of the State, thus showing the tendency towards the objective civil liability based on the risk. Therefore, Brazil, regarded some

Civil works for NPPs construction

International Nuclear Information System (INIS)

Portenseigne, Christophe

2014-01-01

Christophe Portenseigne, Technical Director of Bouygues Travaux Publics, provided explanations on the main challenges of Civil work for the construction of the 3. generation of NPPs. He then provided an overview of the new Civil Work concepts for the 4. generation of NPPs

Environmental Ethics and Civil Engineering.

Science.gov (United States)

Vesilind, P. Aarne

1987-01-01

Traces the development of the civil engineering code of ethics. Points out that the code does have an enforceable provision that addresses the engineer's responsibility toward the environment. Suggests revisions to the code to accommodate the environmental impacts of civil engineering. (TW)

Clinical negligence in foot and ankle surgery: A 17-year review of claims to the NHS Litigation Authority.

Science.gov (United States)

Ring, J; Talbot, C L; Clough, T M

2014-11-01

We present a review of litigation claims relating to foot and ankle surgery in the NHS in England during the 17-year period between 1995 and 2012. A freedom of information request was made to obtain data from the NHS litigation authority (NHSLA) relating to orthopaedic claims, and the foot and ankle claims were reviewed. During this period of time, a total of 10 273 orthopaedic claims were made, of which 1294 (12.6%) were related to the foot and ankle. 1036 were closed, which comprised of 1104 specific complaints. Analysis was performed using the complaints as the denominator. The cost of settling these claims was more than £36 million. There were 372 complaints (33.7%) involving the ankle, of which 273 (73.4%) were related to trauma. Conditions affecting the first ray accounted for 236 (21.4%), of which 232 (98.3%) concerned elective practice. Overall, claims due to diagnostic errors accounted for 210 (19.0%) complaints, 208 (18.8%) from alleged incompetent surgery and 149 (13.5%) from alleged mismanagement. Our findings show that the incorrect, delayed or missed diagnosis of conditions affecting the foot and ankle is a key area for improvement, especially in trauma practice. ©2014 The British Editorial Society of Bone & Joint Surgery.

76 FR 71431 - Civil Penalty Calculation Methodology

Science.gov (United States)

2011-11-17

... DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Civil Penalty Calculation... is currently evaluating its civil penalty methodology. Part of this evaluation includes a forthcoming... civil penalties. UFA takes into account the statutory penalty factors under 49 U.S.C. 521(b)(2)(D). The...

Review of Medical Malpractice Issues in Malaysia under Tort Litigation System

Science.gov (United States)

Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

2014-01-01

Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability. PMID:24999124

[Viruses and civilization].

Science.gov (United States)

Chastel, C

1999-01-01

A few million years ago, when primates moved from the east African forest to the savannah, they were already infected with endogenous viruses and occultly transmitted them to the prime Homo species. However it was much later with the building of the first large cities in Mesopotamia that interhuman viral transmission began in earnest. Spreading was further enhanced with the organization of the Egyptian, Greek, Roman, and Arab empires around the Mediterranean. Discovery of the New World in 1492 led to an unprecedented clash of civilizations and the destruction of pre-Columbian Indian civilizations. It also led to a rapid spread of viruses across the Atlantic Ocean with the emergence of yellow fever and appearance of smallpox and measles throughout the world. However the greatest opportunities for worldwide viral development have been created by our present, modern civilization. This fact is illustrated by epidemic outbreaks of human immunodeficiency virus, Venezuela hemorrhagic fever, Rift valley fever virus, and monkey pox virus. Close analysis underscores the major role of human intervention in producing these events.

Features of upbringing children in civil law

OpenAIRE

Лобжанідзе, Давид

2014-01-01

The paper analyzes the features of upbringing children in civil law, in particular under the Civil Code of Georgia. The author examines the concept of the family as a social phenomenon and its underlying principles. Attention is paid also to the court practice of upbringing children and determining the place of their residence. English abstract D. Lobzhanidze Features of upbringing children in civil law. The paper analyzes the features of upbringing children in civil law, in particular u...

Psychological Well-Being Among Women Who Experienced Intimate Partner Violence and Received Civil Legal Services.

Science.gov (United States)

Renner, Lynette M; Hartley, Carolyn Copps

2018-05-01

Intimate partner violence (IPV) victimization is often associated with negative mental health outcomes; yet, little is known about the psychological well-being of women who experience IPV and receive civil legal services. Civil legal services are not specifically designed to focus on women's mental health needs but Sullivan's Social and Emotional Well-Being Framework helps to explain why women receiving this type of formal assistance may demonstrate positive changes in psychological well-being. Using a panel study design and data from 85 women who experienced IPV and sought civil legal services, we examined women's psychological well-being over a one-year period of time. Approximately two thirds of the women received assistance from Iowa Legal Aid (ILA) for a civil protective order ( n = 56) and the rest were represented in a family law matter. We used measures of mental health (depression, posttraumatic stress disorder [PTSD]) and well-being (social support, resilience, goal directed thinking, empowerment). Our hypotheses that women would experience a decrease in mental health symptoms and an increase in well-being were partially supported. Women reported a decrease in depressive and PTSD symptoms over one year but there were no changes in their goal-oriented thinking or resilience. Implications for practice and future research are included.

Contradicción, imparcialidad e inmediación en la ley de enjuiciamiento civil española: algunos problemas para la consolidación de estos principios en la práctica Contradiction, impartiality and inmediacy in Spanish civil procedure act: Some problems for the consolidation of this principles in practice

Directory of Open Access Journals (Sweden)

Fernando Santelices Ariztía

2012-01-01

by the author for the Master's Degree in Legal Sciences at Barcelona's Universidad Pompeu Fabra en Barcelona. This text has been amended by the author for publishing purposes. In it, he develops an analysis of Civil Procedure Act (CPA based on the observation of hearings, a series of interviews and a study of doctrine and case law designed to allow him to verify the use of the principles of oral procedures, contradiction, impartiality and immediacy laid out by the law. This study offers a brief description of the current state of the Spanish civil justice system and the main hearings set out in the CPA for declarative procedures. The author then describes and develops a series of problems that have emerged in practice based on specific CPA regulations and oral litigation techniques. In view of the influence that the CPA has had on Chile's civil justice reform, the author offers a brief review of the country's 2009 Civil Procedure Code project, noting how it overcomes some of the problems observed in the CPA while presenting others which, in the author's opinion, could influence the implementation and development of the civil procedure reform in Chile. Finally, the study includes specific proposals for correcting problems observed with the CPA. As the author notes, the purpose of this publication is to contribute to the discussion of civil procedure reform, noting the importance of both good and bad experiences presented in other oral procedure systems, including Chile's criminal procedure reform, given the distance that may sometimes lie between theory and practice.

42 CFR 493.1834 - Civil money penalty.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalty. 493.1834 Section 493.1834... (CONTINUED) STANDARDS AND CERTIFICATION LABORATORY REQUIREMENTS Enforcement Procedures § 493.1834 Civil money... Secretary to impose civil money penalties on laboratories. Section 1846(b)(3) of the Act specifically...

25 CFR 11.501 - Judgments in civil actions.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Judgments in civil actions. 11.501 Section 11.501 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.501 Judgments in civil actions. (a) In all civil cases, judgment shall...

A critical review of the Chilean civil nuclear liability regime

International Nuclear Information System (INIS)

Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

2013-01-01

This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

Verbal Communication Culture and Local Wisdom: The Value Civilization of Indonesia Nation

Directory of Open Access Journals (Sweden)

Tina Kartika

2016-11-01

Full Text Available Indonesia is a nation with cultural diversity and area. This caused a lot of the uniqueness of culture in everyday life. This uniqueness was generally a positive value to maintain the harmony of human beings and nature. The discussion of this article was the verbal communication, the study of the wisdom of the nation speech-language Indonesia, and local wisdom in civilization. The words expressed in the local wisdom among others are fearless (need fear only God Almighty, self-sacrificing or spirit of nationalism (patriotism, orderly, loyal, affectionate, hardworking, consensus, mutual help, and creative. Positive values here needed to be crystallized in people’s lives; it would be the identifier of the Indonesian people. This research was conducted in five districts of Pagaralam, South Sumatra. The method used was qualitative. Data collection techniques included participant observer/observation, observation without participation, in-depth interviews, and documentation. This article finds that if local wisdom actually exists in everyday life, the nation of Indonesia has carved beauty behave in civilization itself. The local wisdom of the nation begins values, the rule in the family, and then developed in the community. A positive value of local wisdom is the identifier of civilized society and the need to preserve Indonesia. 

32 CFR 516.9 - Service of criminal process within the United States.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of criminal process within the United... OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.9 Service of criminal process within the United States. (a) Surrender of personnel. Guidance for surrender of military personnel...

32 CFR 516.69 - Introduction.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Introduction. 516.69 Section 516.69 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Cooperation With the Office of Special Counsel § 516.69 Introduction. This subpart...

De stap naar hoger beroep : Een onderzoek naar appelgedrag van burgers in bestuursrechtelijke zaken

NARCIS (Netherlands)

Boekema, Ilona Martje

2015-01-01

Dutch litigants in administrative law cases appeal quite often – appeal rates are significantly higher than in most civil law cases and criminal law cases. This research aims to explain this by analysing which factors influence the decision to appeal for review. Why does one citizen appeal a

32 CFR 516.39 - Duties and procedures.

Science.gov (United States)

2010-07-01

... other activities regulated under the Rivers and Harbors Act of 1899, 33 U.S.C. 401 et seq. (c) Waters of... all civil litigation involving claims of tort liability for exposure to environmental contamination... discrete incidents of exposure to environmental contamination emanating from any Federal facility owned or...

42 CFR 460.46 - Civil money penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 4 2010-10-01 2010-10-01 false Civil money penalties. 460.46 Section 460.46 Public...) Sanctions, Enforcement Actions, and Termination § 460.46 Civil money penalties. (a) CMS may impose civil money penalties up to the following maximum amounts: (1) For each violation regarding enrollment or...

Increase of the contract amounts for LHC civil-engineering construction and civil-engineering consultancy contracts

CERN Document Server

2005-01-01

This document concerns the increase of the contract amounts for LHC civil-engineering construction and civil-engineering consultancy, Package 2. The Finance Committee is invited to take note of the increase of the contract amounts with: - the joint venture DRAGADOS (ES) and SELI (IT) for civil-engineering construction, LHC Package 2, for an amount of 28 087 000 Swiss francs, subject to revision, in the amount previously announced to Finance Committee (CERN/FC/4516) of 132 200 000 Swiss francs, subject to revision, bringing the total to a maximum amount of 160 287 000 Swiss francs, subject to revision. - the joint venture GIBB (GB), GEOCONSULT (AT) and SGI (CH) for the provision of civil-engineering consultancy services, LHC Package 2, for an amount of 900 000 Swiss francs, subject to revision, in the amount previously announced to Finance Committee of 13 800 000 Swiss francs, subject to revision, bringing the total to a maximum amount of 14 700 000 Swiss francs, subject to revision

Rhetoric of civil conflict management: United Nations Security Council debates over the Syrian civil war

Directory of Open Access Journals (Sweden)

Juraj Medzihorsky

2017-04-01

Full Text Available This paper introduces a spatial model of civil conflict management rhetoric to explore how the emerging norm of responsibility to protect shapes major power rhetorical responses to civil war. Using framing theory, we argue that responsibility to protect functions like a prescriptive norm, such that representing a conflict as one of (1 human rights violations (problem definition, implies rhetorical support for (2 coercive outside intervention (solution identification. These dimensions reflect the problem-solution form of a prescriptive norm. Using dictionary scaling with a dynamic model, we analyze the positions of UN Security Council members in debates over the Syrian Civil War separately for each dimension. We find that the permanent members who emphasized human rights violations also used intervention rhetoric (UK, France, and the US, and those who did not used non-intervention rhetoric (Russia and China. We conclude that, while not a fully consolidated norm, responsibility to protect appears to have structured major power rhetorical responses to the Syrian Civil War.

Energy use, entropy and extra-terrestrial civilizations

International Nuclear Information System (INIS)

Hetesi, Zsolt

2010-01-01

The possible number of extra-terrestrial civilizations is estimated by the Drake-equation. Many articles pointed out that there are missing factors and over-estimations in the original equation. In this article we will point out that assuming some axioms there might be several limits for a technical civilization. The key role of the energy use and the problem of the centres and periphery strongly influence the value of the Llifetime of a civilization. Our development have several edifications of the investigations of the growth of an alien civilization.

Energy use, entropy and extra-terrestrial civilizations

Energy Technology Data Exchange (ETDEWEB)

Hetesi, Zsolt, E-mail: zs.hetesi@astro.elte.h [Eoetvoes University, Department of Astronomy, Budapest, H-1518, PO Box 32 (Hungary)

2010-03-01

The possible number of extra-terrestrial civilizations is estimated by the Drake-equation. Many articles pointed out that there are missing factors and over-estimations in the original equation. In this article we will point out that assuming some axioms there might be several limits for a technical civilization. The key role of the energy use and the problem of the centres and periphery strongly influence the value of the Llifetime of a civilization. Our development have several edifications of the investigations of the growth of an alien civilization.

Civil Society as one of the decisive factors of the Ukrainians’ consolidation in the Postcolonial period

Directory of Open Access Journals (Sweden)

I. M. Grabovska

2017-04-01

confrontation with the Kremlin’s neo-empire helped the nation to survive. The philosophical and worldview basis of a modern civil society is the priority of the individual over the state. Civil society is based on the consideration of the individual initiative and on the respect for the individual. The following conclusions have been made in the article: 1 the most effective consolidating factor for the modern Ukrainian society is the functioning of the civil society and its institutions; 2 the process of the identification is extremely important for the consolidation of a community; 3 basis of the civil consolidation process are vital common values.

AND THE TRUTH SHALL SET YOU FREE. TRUTH COMMISSIONS AND CIVIL-MILITARY RELATIONS

Directory of Open Access Journals (Sweden)

Michael DELOACH

2015-04-01

Full Text Available For societies suffering in the wake of a repressive regime, truth commissions may be a necessary compromise regarding the form of transitional justice pursued, but they can still play a far-reaching role in the democratization of civil-military relations. Because the perpetrators of past abuses are likely to continue to wield some level of power at the time of transition, prosecution of these members may be politically infeasible. Lacking the mandate to prosecute guilty parties or implement recommendations, truth commissions can still lay the foundation for a new era of civil-military relations. By distinguishing contemporary institutions from their past acts, revealing the patterns that allowed abuses to be carried out , and helping garner the political will for reforms, truth commissions can provide the impetus for the security sector reforms necessary to ensure a democratic future.

Journal of Civil Engineering, JKUAT

African Journals Online (AJOL)

The Journal of Civil Engineering, JKUAT aims to publish definitive and original research papers of high standard, containing material of broad interest and of significant contribution to civil engineering, with emphasis being placed on material that is applicable to the solution of practical problems. It provides a forum for ...

12 CFR 509.103 - Civil money penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Civil money penalties. 509.103 Section 509.103... PROCEDURE IN ADJUDICATORY PROCEEDINGS Local Rules § 509.103 Civil money penalties. (a) Assessment. In the... may serve an order of assessment of civil money penalty upon the party concerned. The assessment order...

42 CFR 73.21 - Civil money penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Civil money penalties. 73.21 Section 73.21 Public... SELECT AGENTS AND TOXINS § 73.21 Civil money penalties. (a) The Inspector General of the Department of Health and Human Services is delegated authority to conduct investigations and to impose civil money...

Legal advocacy and nuclear power: the impact of litigation on the Midland nuclear plant

International Nuclear Information System (INIS)

Cook, C.E.

1979-01-01

The use of litigation as an interest-group strategy is analyzed in relation to the controversy over the development of nuclear power. An assessment is made of the impact of the judicial process, with the litigation involving the Midland, Michigan, nuclear plant serving as a representative case study. In the construction permit hearings for the Midland nuclear plant, which began in 1970, the interest groups were Consumers Power Company, a Michigan utility, and the Saginaw and Mapleton Intervernors, environmentalists dwelling near the proposed plant site. The Nuclear Regulatory Commission issued a construction permit for the plant after a two-year licensing process, but the environmental groups appealed the permit to the United States Court of Appeals for the District of Columbia Circuit. In 1976, the permit was remanded by the court to the Commission for reconsideration, and Consumers Power Company appealed that decision. In 1978, the Supreme Court handed down a unanimous and definitive opinion, Consumers Power Company vs Aeschliman, that upheld the Commission's original issuance of the construction plant. The Midland case well illustrates the detrimental impact that legal advocacy has had on atomic energy by prolonging the regulatory process. The positive consequences of the Court ruling favoring the utility's position were outweighed by the expense involved in the initial ten years of thelicensing and subsequent lawsuits concerning the Midland plant. Consequently, Consumers Power Company is representative of most other American electric companies in its determination that it cannot build additional nuclear plants without mitigation of the uncertainty and duration of the regulatory process. Thus, it may be concluded that the environmental groups' use of legal advocacy at Midland and elsewhere has proven to be an effective strategy for undermining the nuclear industry and for deterring the future development of nuclear power

40 CFR 35.925-9 - Civil rights.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Civil rights. 35.925-9 Section 35.925-9... ASSISTANCE Grants for Construction of Treatment Works-Clean Water Act § 35.925-9 Civil rights. That if the... the Civil Rights Act of 1964 and part 7 of this chapter have been met. ...

12 CFR 1250.3 - Civil money penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Civil money penalties. 1250.3 Section 1250.3 Banks and Banking FEDERAL HOUSING FINANCE AGENCY ENTERPRISES FLOOD INSURANCE § 1250.3 Civil money... to § 1250.2, the Director of FHFA, or his or her designee, may assess civil money penalties against...

Responsabilidade civil das empresas de construção civil pelos vícios e defeitos do produto

OpenAIRE

Guedes Júnior, Alberto Augusto

2013-01-01

Responsabilidade civil das empresas de construção civil pelos vícios e defeitos do produto. A discussão ocorre através da análise rápida da evolução do sistema da responsabilidade civil o ordenamento geral e na legislação do consumidor, considerando o afastamento da teoria da culpa e o fortalecimento da responsabilização objetiva com fundamento a boa-fé. Este conflito e interação entre os códigos no que tange a responsabilização civil pelos acidentes de consumo traça a base dos ...

Civil society: beyond non profit / Sociedad civil: más allá del non profit

Directory of Open Access Journals (Sweden)

Miguel de Haro Serrano

2013-10-01

Full Text Available For a numerous group of recognized and proved authority authors, the Civil Society is limited to the Non Profit organizations. Non Profit is the great limit, the rigid and static border. The limes on the Roman Empire were less overwhelming than the non profit of certain academics. Dura lex and unfair law that keeps aside from the civil society scope the entities on the social economy and the whole market around mercantile enterprises and businesses. Nevertheless, the new changes in the today’s society and the new concept of businesses oriented to the society without forsaking the quest for economic profit, poses a Civil Society beyond non profit.

A review of medical malpractice issues in Malaysia under tort litigation system.

Science.gov (United States)

Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

2014-04-07

Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability.

Civil Rights for Trafficked Persons: Recommendations for a More Effective Federal Civil Remedy

OpenAIRE

Shannon Lack

2008-01-01

In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA) was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its...

Civil rights reference of administrative procedures

International Nuclear Information System (INIS)

Held, J.

1984-01-01

The book deals with the constitutional obligations which substantive civil rights demand from administrative procedures. The Federal Constitutional Court distinguishes between protection of civil rights in, and by, administrative and judicial procedures. The author analyses the example of the decision of the Federal Constitutional Court concerning the atomic power plant of Muelheim-Kaerlich. In the licensing procedure pursuant to the Atomic Energy Act, the civil rights of persons concerned are guaranteed by the governmental obligation to its protection. (CW) [de

Alternative Dispute Resolution ( ADR / ODR and Mitigation of Litigation in the Context of the New Code of Civil Procedure: A Shorter Path to Fair Legal System?

Directory of Open Access Journals (Sweden)

Leandro André Francisco Lima

2016-06-01

Full Text Available This study addresses the use of Alternative Dispute Resolution (ADR’s methods, owing to the new Civil Law Procedure Code, having as it’s theoretical framework the concept of access to justice as a Right to a fair Law system. It’s asked about the possibilities of using the alternative Online Dispute Resolution (ODR's tools by jurisdiction, provided by the information technology, in order to maximize the effects relating to that Right. The pertinence of this question is glimpsed in view of the broad society accession to the virtual life. It is used the hypothetical-deductive method. The research is theoretical, bibliographical and documentary.

12 CFR 908.6 - Civil money penalties.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Civil money penalties. 908.6 Section 908.6... Proceedings § 908.6 Civil money penalties. (a) Notice of assessment—(1) Grounds. The Finance Board may issue and serve a notice of assessment of a civil money penalty on any Bank or any executive officer or...

Civil Society, Democratic Space, and Social Work

Directory of Open Access Journals (Sweden)

Neelmani Jaysawal

2013-10-01

Full Text Available Civil Society envisages the growth of civilization in a way that the society is in “civilized form.” It has been prominent in Social science since time immemorial. Till 18th century, it was synonymous with the state or political society. It was more or less direct translation of Cicero’s Societas’ Civilis and Aristotle’s Koinonia politike. According to Karl Marx, “Civil Society embraces the whole material intercourse of individuals within a definite stage of development of productive forces.” Civil Society is an arena where modern man legitimately gratifies his self-interest and develops his individuality, but also learns the value of group action, social solidarity which educates him for citizenship and equips him to participate in the political sphere of the state. It provides “networks of civic engagement” within which reciprocity is learned and enforced, trust is generated. An active and diverse civil society plays a valuable role in advancement of democracy. It seeks to ensure that citizen’s interests are taken seriously. The social work intervention may not be democratically envisaged until it is promulgated by civic engagement through Civil Society. Methodology: This is a descriptive study which consists of secondary source of data collection based on reports, books, periodic journals, web-based articles. There have been utilized three case studies for reaching the findings of study. This article will highlight on role of civil society in providing democratic space and assisting social workers to ensure inclusive growth through conglomeration of state and individuals.

International Civil Litigation and the Pollution of the Marine Environment

NARCIS (Netherlands)

F.G.M. Smeele (Frank)

2009-01-01

textabstractWhenever a major accident occurs to a ship – whether a fire or an explosion on board of the ship, or a collision with another ship, or the ship running aground or sinking and becoming a wreck – it is likely that this casualty will result in considerable physical damage to the ship and

32 CFR 516.65 - Litigation reports in civil recovery cases.

Science.gov (United States)

2010-07-01

...) False Claims Act, 31 USC 3729. (2) Anti-Kickback Act, 41 USC 51. (3) Sherman Act, 15 USC 1-7. (4) Racketeer Influenced and Corrupt Organizations Act, 18 USC 1961-1968. (5) Common law fraud. (6) Unjust... of interest statute, 18 USC 218. See K&R Engineering Co. v. United States, 616 F.2d 469 (Ct. Cl...

Civil Engineering Technology Needs Assessment.

Science.gov (United States)

Oakland Community Coll., Farmington, MI. Office of Institutional Planning and Analysis.

In 1991, a study was conducted by Oakland Community College (OCC) to evaluate the need for a proposed Civil Engineering Technology program. An initial examination of the literature focused on industry needs and the job market for civil engineering technicians. In order to gather information on local area employers' hiring practices and needs, a…

28 CFR 522.14 - Inmates serving civil contempt commitments.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Inmates serving civil contempt... ADMISSION, CLASSIFICATION, AND TRANSFER ADMISSION TO INSTITUTION Civil Contempt of Court Commitments § 522.14 Inmates serving civil contempt commitments. We treat inmates serving civil contempt commitments in...

Sociedad civil: una concepción radical

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Domingo García Marzá

2012-02-01

Full Text Available El presente trabajo tiene como objetivos presentar un concepto de sociedad civil desde una perspectiva crítica, una perspectiva que pueda dar razón del potencial de cambio y transformación social que encierra este ámbito de la interacción social. Con este fin, se adentra en primer lugar en la difícil relación entre democracia y sociedad civil, analizándola desde el paso de las democracias participativas a las democracias deliberativas. El carácter global de la sociedad civil y los problemas de realización práctica nos conducen, en segundo lugar, a la discusión de la propuesta de autores como J. Habermas y M. Kaldor, destacando las insuficiencias de sus respectivos enfoques. A continuación, y en discusión con los trabajos de J. Keane, se presenta una propuesta de definición y fundamentación del concepto de sociedad civil apoyado en una hermenéutica crítica, capaz de justificar su núcleo moral como ética de la sociedad civil y, al mismo tiempo, de sus posibilidades reales de aplicación. Por último, se propone el concepto de recursos morales para reconstruir las características básicas que definen a los recursos propios de la sociedad civil.The objective of this paper is to present a concept of civil society from a critical perspective that can explain the potential for change and social transformation encompassed within this sphere of social interaction. To this end, we first explore the difficult relationship between democracy and civil society, through an analysis of the shift from participative to deliberative democracy. The global character of civil society and the problems of its practical achievement lead us, in a second stage, to discuss proposals from authors such as J. Habermas and M. Kaldor, and to uncover the inadequacies of their respective approaches. This is followed by a proposal, arising from debate on the works of J. Keane, in which the concept of civil society is defined and grounded �

Civil Society

Science.gov (United States)

Social Media Facebook @oasofficial Facebook Twitter @oas_official Twitter Newsletters Documents OAS Technology Social Development Summits of the Americas Sustainable Development T Telecommunications Terrorism Tourism Trade Treaties and Agreements W Women Y Youth Strategic Partners Permanent Observers Civil Society

32 CFR 516.11 - Service of criminal process outside the United States.

Science.gov (United States)

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Service of criminal process outside the United... AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Service of Process § 516.11 Service of... status of forces agreements, govern the service of criminal process of foreign courts and the surrender...

76 FR 56763 - Privacy Act of 1974; Notice of New System of Records

Science.gov (United States)

2011-09-14

..., pleadings, affidavits, litigation reports, financial data and other records. This system notice covers... which there is an indication of a violation of law, whether civil, criminal, or regulatory in nature..., or regulatory in nature, or during the course of a trial or hearing or the preparation for a trial or...

Americans with Disabilities Act.

Science.gov (United States)

Kaesberg, Mary Ann; Murray, Kenneth T.

1994-01-01

Presents a 35-item checklist of practical activities for school district compliance with the Americans with Disabilities Act (ADA). The checklist is based on ADA statutes, other civil rights legislation and litigation, as well as pertinent regulations and the legislative history of the act contained in the Congressional Record. (MLF)

28 CFR 50.15 - Representation of Federal officials and employees by Department of Justice attorneys or by...

Science.gov (United States)

2010-07-01

... resolve the conflict as indicated by paragraph (a) (6), (9) and (10) of this section, and by § 50.16. (9... division (Antitrust, Civil Rights, Criminal, Land and Natural Resources or the Tax Division), a statement... of the possible existence of inter-defendant conflicts) the litigating division may delegate the fact...

78 FR 43856 - Harold Hanson; Order Relating to Harold Hanson

Science.gov (United States)

2013-07-22

... DEPARTMENT OF COMMERCE Bureau of Industry and Security Harold Hanson; Order Relating to Harold... Order Relating to Harold Hanson The Bureau of Industry and Security, U.S. Department of Commerce (``BIS... litigation or other civil proceedings in which the U.S. Department of Commerce is not a party. Fifth, that...

DOES CIVIL SOCIETY CREATE SOCIAL ENTREPRENEURS?

OpenAIRE

Gauca Oana; Hadad Shahrazad

2013-01-01

The purpose of this paper is to analyze whether civil society itself can enhance or stimulate the creation of social entrepreneurs, by studying the traits of the civil society and the various definitions attributed to it. The main question that the paper wants to answer to is and the main approach used in this research paper is the theoretical one. By studying existing articles and books on the topic, the paper tries to emphasize the various dimensions that civil society can embrace, as pictu...

Governing Civil Society Organisations and Constructing the Common Good

DEFF Research Database (Denmark)

Hein Jessen, Mathias

This paper argues that civil society is something that must be produced and constructed in order to come into existence. This construction entails a specific production of what civil society is, which values are (and should be) present in it, what the common good is and how civil society and civil...... with specific (good) values, but is at the same time instrumentalised to provide welfare services the state can and will no longer provide. Civil society, civil society organisations and the common good are not given entities, but constantly produced and mobilised in different political conjunctures....

Learning about Each Other: Two Teachers Negotiate Race, Class, and Gender in the Civil War South

Science.gov (United States)

Breitborde, Mary-Lou

2013-01-01

The Civil War ended slavery but not the pernicious inequality of power and status that still characterizes relations between black and white America. As soon as they could, with the help of presidents bent on appeasement and the benign neglect of northerners who had fought the war to preserve the union but not necessarily to invite former slaves…

American Society of Civil Engineers | ASCE

Science.gov (United States)

Membership Your New Membership: Getting Started Member Value Civil Engineering Salaries Manage Your Account Vote Now Education & Careers Training & Courses Getting Licensed & Certified Live Exam Reviews Specialty Certifications Civil Engineering Body of Knowledge Volunteer Opportunities Jobs Ethics

Mycotoxin production capability of Penicillium roqueforti in strains isolated from mould-ripened traditional Turkish civil cheese.

Science.gov (United States)

Cakmakci, Songul; Gurses, Mustafa; Hayaloglu, A Adnan; Cetin, Bulent; Sekerci, Pinar; Dagdemir, Elif

2015-01-01

Mould-ripened civil is a traditional cheese produced mainly in eastern Turkey. The cheese is produced with a mixture of civil and whey curd cheeses (lor). This mixture is pressed into goat skins or plastic bags and is ripened for more than three months. Naturally occurring moulds grow on the surface and inside of the cheese during ripening. In this research, 140 Penicillium roqueforti strains were isolated from 41 samples of mould-ripened civil cheese collected from Erzurum and around towns in eastern Turkey. All strains were capable of mycotoxin production and were analysed using an HPLC method. It was established that all the strains (albeit at very low levels) produced roquefortine C, penicillic acid, mycophenolic acid and patulin. The amounts of toxins were in the ranges 0.4-47.0, 0.2-43.6, 0.1-23.1 and 0.1-2.3 mg kg(-1), respectively. Patulin levels of the samples were lower than the others. The lowest level and highest total mycotoxin levels were determined as 1.2 and 70.1 mg kg(-1) respectively. The results of this preliminary study may help in the choice of secondary cultures for mould-ripened civil cheese and other mould-ripened cheeses.

The assault on bad food: tobacco-style litigation as an element of the comprehensive scheme to fight obesity.

Science.gov (United States)

Fehn, Jada J

2012-01-01

Obesity in the U.S. has reached epidemic proportions. A dilemma of this sort must be attacked with a comprehensive, multi-faceted scheme. Litigation against the companies providing dangerous food has been called trivial, but allowing market forces to regulate has proven ineffective. The history of tobacco litigation has revealed that industry is willing to ignore dangers, act solely in the interest of profit, and completely disregard public health. The notion that all consumers have enough information to make an autonomous choice and focus only on health when purchasing food borders is unrealistic. Legislatures, that will ignore the huge lobbying dollars spent by the food industry, and enact laws with only the public health of the citizenry in mind, fall in the same category of naivete. Corporations are obligated to shareholders, who are concerned universally with profits. To get the attention of food industry, it is necessary to hit them where they notice - in the wallet - by way of legal damage awards. The battle against bad food needs to be fought on every possible front and the courtroom should be one theater of combat. As evidence of fraudulent and deceptive industry practice is brought to light, state attorneys general have a responsibility to take the same course of action as tobacco, by filing fraud suits to recoup state funds spent on the negative health effects of the detrimental food.

Barriers to Advocacy and Litigation in the Equality Courts for Persons with Disabilities

Directory of Open Access Journals (Sweden)

Willene Holness

2014-12-01

Full Text Available The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA and the fulfilment of the South African state's obligations in terms of the Convention on the Rights of Persons with Disabilities (CRPD are dependent on two fundamental tools, advocacy and litigation. This article discusses the outcome of three cases in the Equality Courts and how these cases promote accessibility and access to justice for persons with disabilities. The authors then consider the impact of CREATE, a KwaZulu-Natal NGO's advocacy initiatives to promote the rights of persons with disabilities and the utilisation of the Equality Court to realise those rights. Participants of ten workshops in KwaZulu-Natal identified three barriers to access to justice in accessing the Equality Courts. Firstly, some Equality Courts are geographically (and financially inaccessible. Secondly, the negative and insensitive attitudes of front-line workers impact on the ability of persons with disabilities to bring equality claims to and access the services of the Equality Court. These barriers constitute discrimination and flout articles 9 and 13 of the CRPD, which require the provision of support for persons with disabilities to access the justice system and the promotion of accessibility to the physical environment, and the provision to them of transportation, information and other services. Thirdly, cultural norms and fears impede access to courts and the agency of persons with disabilities to bring these claims, for example the requirement that traditional leaders provide "permission" to persons with disabilities to sue and a similar requirement of permission from the in-laws of women with disabilities. The article analyses the three barriers identified as inhibiting advocacy and litigation, and explains the implication of these barriers for the state's obligations in terms of articles 5, 8, 9, 12 and 13 of the CRPD. Recommendations

75 FR 1076 - Outer Continental Shelf Civil Penalties

Science.gov (United States)

2010-01-08

... initiate civil penalty proceedings; however, violations that cause injury, death, or environmental damage... DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf Civil Penalties... daily civil penalty assessment. SUMMARY: The Outer Continental Shelf Lands Act requires the MMS to...

Engagement citoyen et société civile

Directory of Open Access Journals (Sweden)

Gautier Pirotte

2009-11-01

Full Text Available Cet article cherche à rapprocher par la réflexion la notion de société civile de celle de l’engagement citoyen à partir de l’expérience postcommuniste roumaine. Si le domaine de la société civile ne concentre pas tous les phénomènes d’engagement citoyen, il demeure néanmoins un espace privilégié d’expression de cet engagement. La question qui anime ce texte est assez simple : comment envisager l’étude de l’engagement du citoyen à l’intérieur des nouvelles sociétés civiles d’Europe Centrale et Orientale, et plus spécifiquement au sein de la nouvelle société civile roumaine ? Cette interrogation, si simple soit-elle, se révèle bien vite plus complexe si l’on tient compte des problèmes que soulèvent à la fois les concepts de société civile et d’engagement mobilisés ici mais aussi l’expérience postcommuniste souvent abordée de manière homogène alors qu’elle se révèle empiriquement très hétéroclite.Citizen commitment and civil society. A reflexion based upon the Romanian project of post-communist civil societyUsing the post-communist experience in Romania, this article reflects upon the way to bring together the concepts of civil society and citizen commitment. Whilst civil society does not concentrate all the phenomena of citizenship, the concept remains nonetheless a privileged expression of citizen commitment. The question underlying this text is relatively simple: how should the study of citizen commitment be approached within the new civil societies of Central and Eastern Europe, and more specifically within the new Romanian civil society ? As simple as it may appear, the question becomes rapidly more complex as soon as the problems deriding from the concepts of civil society and citizen commitment themselves are taken into consideration but also because the post-communist experience is often treated in a homogeneous way whilst it is in fact empirically very heterogeneous

Soviet civil defense is inadequate and meaningless

International Nuclear Information System (INIS)

Kaplan, F.M.

1985-01-01

In this paper, the author argues that Soviet civil defense plans exist primarily on paper and are used to pacify the Soviet people, not as plans to survive and prevail in a nuclear confrontation with the U.S. The author describes how the Soviet people have little faith in the civil defense programs. They don't believe they can survive an attack. Furthermore, he says the Soviets have never staged an evacuation exercise in any major city nor, even in smaller towns, has an entire community been evacuated. The author says there are numerous problems with the shelter programs as well. Very few existing shelters have any food stocks, only a few more have any water. There is little evidence that Soviet leaders have planned their economy with civil defense in mind. Nor - given the blatant inadequacies of Soviet civil defense programs, the marked vulnerabilities of the Soviet economy, and the intrinsic limitation and uncertainties about civil defense generally - is there much basis for claiming that Soviet leaders, even in desperate straits, would risk war with the United States while counting on civil defense measures to limit the damage wreaked on the Soviet Union

Winning From the Beginning: International Electronic Discovery in Commercial Litigation and the Home Field Advantage of American Corporations

OpenAIRE

Everson, Eric

2013-01-01

As technology is increasingly integrated into every aspect of the commercial environment, the amount of data generated from each transaction multiplies. Electronic discovery (eDiscovery) represents the collision of data and the law; in this paper, the powerful influence of the American judicial system is explored as it relates to the pursuit of digitally native file types for use in matters of litigation that transcend International borders. Home of the Silicon Valley, the world’s bigge...

Sociedad civil, política y dominio colonial en Cuba (1878-1895

Directory of Open Access Journals (Sweden)

José A. PIQUERAS

2010-02-01

Full Text Available RESUMEN: El presente artículo se interesa por la evolución de la sociedad cubana en el período de entreguerras comprendido entre 1878 y 1895 y por el marco político en que pudieron expresarse la diversidad de formas e intereses sociales. Se destaca el desarrollo superior de la sociedad civil en relación a un sistema político que debía asegurar el dominio español. La instauración de ese sistema político, sin embargo, legalizó las expresiones políticas y las situó en un terreno público contribuyendo a poner de relieve las insuficiencias y el carácter opresivo de la dependencia, fomentando con ello la conciencia de discriminación que estuvo en la base de la nación emergente en vísperas de la insurrección de 1895. Palabras Clave: Cuba, política, sociedad civil, nacionalismo, insurrección. ABSTRACT: This article deals with the evolution of Cuban society in the period between wars (1878-1895 and with the political framework in which a variety of social forms and interests were expressed. It focuses on the higher development of civil society in comparison with a political system which had to ensure Spanish control. The establishment of that political system, however, legalized political expression and placed it in the public arena, thus helping to underline the inadequacy and oppressive character of dependence, and to foster the awareness of discrimination which was in the foundations of the emerging nation on the eve of the 1895 insurrection. Key words: Cuba, Politics, Civil Society, Nationalism, Insurrection.

76 FR 74625 - Civil Monetary Penalties Inflation Adjustment

Science.gov (United States)

2011-12-01

...-2011] RIN 1125-AA69 Civil Monetary Penalties Inflation Adjustment AGENCIES: U.S. Customs and Border... adjust for inflation certain civil monetary penalties assessed under the Immigration and Nationality Act... assessed under the INA. The Federal Civil Penalties Inflation Adjustment Act of 1990 (Adjustment Act...

Islamic Revolution: a Civilization-building Revolution; Iranian University:

Directory of Open Access Journals (Sweden)

Mohammad Baqer Khorramshad

2009-08-01

Full Text Available Islamic Revolution and the consequent Islamic state in Iran have revived Iranian-Islamic civilization’s discourse in a modern form which is rooted in both Iranian and Islamic ancient civilizations. Post-revolutionary Iran, as an obviously determinant country in this civilizational field, which has developed the civilization in the modern era, necessarily has to think and act civilizationally in order to resist western Humanist and Materialist affects. Academy is the place within which knowledge, as clearly one of the most important foundations of civilization-building, is produced. Civilization-building is the horizon toward which Iranian Universities should orient themselves. Academy is the canon of science, knowledge, and culture, and therefore plays an affective role in the formation, development and flourishing of a civilization; and it could be said that University is the foundation on which civilization is built. In other words, University in the modern era is not only the site of education and research, but also as an epistemological basis, participates in the process of culture and civilization-building; the matter which this study attempts to elaborate. Thus, we attempt to explain and define the necessary tools and indicators in the process.

Perception de la notion de litige sportif par les acteurs du mouvement sportif camerounais : entre et lueurs et leurres

Directory of Open Access Journals (Sweden)

Romuald Dey Yelem Franck

2016-01-01

L'intérêt de cette communication sera de donner le contenu des notions de litige sportif et contentieux électoral et les différentes positions en présence et voir comment les acteurs du mouvement sportif en ont fait une appréhension erronée. Il va aussi permettre à travers la jurisprudence qui est source de droit de trancher définitivement cette équivoque.

29 CFR 530.302 - Amounts of civil money penalties.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Amounts of civil money penalties. 530.302 Section 530.302... EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES Civil Money Penalties § 530.302 Amounts of civil money penalties. (a) A civil money penalty, not to exceed $500 per affected homeworker for any one violation, may...

32 CFR 842.141 - Improper claimants.

Science.gov (United States)

2010-07-01

... personal injury or death claim is subject to the Federal Employees' Compensation Act, are improper... National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE CLAIMS AND LITIGATION ADMINISTRATIVE CLAIMS Civil Air Patrol Claims (5 U.S.C. 8101(1)(B), 8102(a), 8116(c), 8141; 10 U.S.C. 9441, 9442...

Global civil society: between nation states and transnational corporations

Directory of Open Access Journals (Sweden)

S. A. Kvitka

2017-06-01

Full Text Available Global civil society is the subject of the formation of a new world order and the modern humanitarian outlook, which is based on the primacy of justice and human rights. One of the actors head of global civil society is an international non-governmental organizations. But wrong to equate global civil society with the activities of these organizations only. Mostly they influence governments and their humanitarian and international politics. Meanwhile, the role of global civil and its society various institutions is much greater and significant. The article discusses the various aspects of the civil society from the position that it took place between transnational companies (TNCs and nation-states. The role of the latter is gradually reduced - economic regulation take on multinationals and public administration is a field of activity of various institutions and structures that scientists considered it as a manifestation of global civil society. In Ukraine, which is also involved in the process of globalization, global civil society is one of the main factors of its national civil society.

Civil forensic psychiatry - Part 1: an overview.

Science.gov (United States)

Samuels, Anthony H

2018-02-01

Objectives This paper provides an overview for general and forensic psychiatrists of the complexity and challenge of working in the civil medico-legal arena. It covers expert evidence, ethics, core concepts in civil forensic psychiatry and report writing. Conclusions Civil forensic psychiatry is an important sub-speciality component of forensic psychiatry that requires specific skills, knowledge and the ability to assist legal bodies in determining the significance of psychiatric issues.

Opportunities in Civil Engineering. [VGM Career Horizons Series].

Science.gov (United States)

Hagerty, D. Joseph; Heer, John E., Jr.

This book presents information on career opportunities in civil engineering. Chapter 1 focuses on the scope of civil engineering, discussing: role of scientist, engineer, and technologists; engineering and engineering technology; civil engineer's role and obligations; and other information. Chapter 2 considers such aspects of the education for…

Civil Procedure in Cross-cultural Dialogue: Eurasia Context

Directory of Open Access Journals (Sweden)

Stefaan Voet

2014-01-01

Full Text Available Reviewed book: Civil Procedure in Cross-cultural Dialogue: Eurasia Context: IAPL World Conference on Civil Procedure, September 18–21, 2012, Moscow, Russia (Dmitry Maleshin, ed. (Statut 2012, available at (accessed March 9, 2014 [hereinafter Civil Procedure in Cross-cultural Dialogue: Eurasia Context].

Civil Liability Resulting from Sport Referees Misjudgment

Directory of Open Access Journals (Sweden)

seyed hassan hosseinimoghaddam

2017-10-01

Full Text Available There is no doubt that sport is helping people to have health and happiness.  However,   this has undergone several changes over time since but there was professional the sports mix with championship and all there phenomena.  Nowadays, sport is considered as a profession and many companies and plus can see it as a business.  Moreover, governments mix the scores with politics.  Referees are not guaranteeing discipline in sport fields. The decisions referees make have some consequences including civil responsibilities.  So, the referees are expected to make up for theor loss caused by their decisions. From this point of view the responsibilities of the referrals should be investigated to clarify the limits of their responsibilities and the extent to which they have to make up for the loss. If these limitations are not clarified the maximum reaction the referee may receive would not extend notifications of unfair decisions which may not have any legal consequences for him. The may not be responsible to the loss caused by his decisions regarding the breakdown of club properties or viewers of the match. It should be noted that the referee alone is not responsible for making up the loss and should make up for that as one of the casual elements according to the civil law and Islamic punishment rule acted in 2013.

A Brief History of Mind and Civilization

Directory of Open Access Journals (Sweden)

Garry Jacobs

2016-05-01

Full Text Available The rational mind is the highest evolved status of human consciousness. The evolution of mind and civilization has proceeded hand in hand for millennia. The development of new capacities of mind made possible the development of tools, language, agriculture, permanent settlements, towns, cities, religion, trade, transportation, communication, government, law, money, literature and the arts, education, nation states, scientific and technological research. So too, each stage in the development of civilization has shaped the evolution of the human mind and its faculties and the way they are applied in life. The limits to our knowledge and accomplishment reflect limits to our rationality and the utilization of our mental potential. Our knowledge consists of fragmented, piecemeal, compartmentalized theories, when the reality we seek to understand is inclusive, complex and integrated. Our conceptions are based on mechanistic, static, inflexible equilibrium models, whereas the world we live in is alive, dynamic, organic, conscious, responsive, creative and continuously evolving. Our science assumes the poise of an impartial observer of objective reality, whereas all knowledge without exception is colored by the subjective perspective of the observer. Our science strives to be neutral and value-free, whereas the knowledge we need should help us realize universal values. We need to evolve ways of thinking that reunite the objective and subjective dimensions of reality and reflect the integrality, dynamism and vibrancy of evolutionary nature. That is the challenge and adventure before us.

Infrastructure development through civil nuclear cooperation

International Nuclear Information System (INIS)

Humphrey, A.M.; Burkart, A.R.

2010-01-01

Due to growing concerns over electricity demand, energy security, and climate change, numerous countries are considering the construction of new nuclear power plants. Most of these will be built in nations with existing nuclear power programs, but an increasing number of States have expressed serious interest in developing new nuclear power programs. These countries will be faced with many challenges in establishing the robust infrastructures necessary for the safe, secure, and safeguarded deployment of nuclear power. Fortunately, there is much a State can gain through cooperation with other States with more developed programs. By sharing information on previous experience and established best practices, an emerging nuclear energy State can benefit from the lessons learned by its partners. Through a broad range of civil nuclear cooperation, the United States is helping new entrants develop the sound infrastructure necessary to deploy nuclear power plants with the highest standards of safety, security, and nonproliferation

32 CFR 935.21 - Civil rights, powers, and duties.

Science.gov (United States)

2010-07-01

... INSULAR REGULATIONS WAKE ISLAND CODE Civil Law § 935.21 Civil rights, powers, and duties. In any case in... the laws of the United States or this part, the civil rights, powers, and duties as they obtain under... 32 National Defense 6 2010-07-01 2010-07-01 false Civil rights, powers, and duties. 935.21 Section...

25 CFR 11.500 - Law applicable to civil actions.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

33 CFR 401.205 - Civil and criminal penalties.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Civil and criminal penalties. 401... § 401.205 Civil and criminal penalties. (a) If the violation of the Seaway Regulations carries a... criminal proceedings shall not bar the initiation of civil penalty proceedings by the Associate...

46 CFR 221.93 - Collection of civil penalties.

Science.gov (United States)

2010-10-01

... 46 Shipping 8 2010-10-01 2010-10-01 false Collection of civil penalties. 221.93 Section 221.93... RELATED ACTIVITIES REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS Civil Penalties § 221.93 Collection of civil penalties. Within 30 days after receipt of the Hearing Officer's...

The Impact of Civil Society Organizations on Sustainable ...

African Journals Online (AJOL)

Civil society groups are agents of development in any nation. Civil society organizations appear to play important role in social, political and economic development activities. The transformation of any society or system, particularly the developing societies like Nigeria depend on the effectiveness and efficiency of its civil ...

78 FR 5722 - Civil Monetary Penalty Inflation Adjustment

Science.gov (United States)

2013-01-28

... Civil Monetary Penalty Inflation Adjustment AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Direct... for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any adjustments to...

78 FR 5760 - Civil Monetary Penalty Inflation Adjustment

Science.gov (United States)

2013-01-28

... Civil Monetary Penalty Inflation Adjustment AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Proposed... account for inflation. The adjustment of civil penalties to account for inflation is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. Since we have not made any...

Civil Society, Health, and Social Exclusion in Bangladesh

Science.gov (United States)

Mahmud, Simeen

2009-01-01

Civil society has the potential to have a positive impact on social exclusion and health equity through active monitoring and increased accountability. This paper examines the role of civil society in Bangladesh to understand why this potential has not been realized. Looking at two models of civil society action—participation in decentralized public-sector service provision and academic think-tank data analysis—this analysis examines the barriers to positive civil society input into public policy decision-making. The role of non-governmental organizations, political, cultural and economic factors, and the influence of foreign bilateral and multilateral donors are considered. The paper concludes that, with a few exceptions, civil society in Bangladesh replicates the structural inequalities of society at large. PMID:19761087

Global Standards of Market Civilization

DEFF Research Database (Denmark)

Global Standards of Market Civilization brings together leading scholars, representing a range of political views, to investigate how global 'standards of market civilization' have emerged, their justification, and their political, economic and social impact. Key chapters show how as the modern...... thought, as well as its historical application part II presents original case studies that demonstrate the emergence of such standards and explore the diffusion of liberal capitalist ideas through the global political economy and the consequences for development and governance; the International Monetary...... Fund's capacity to formulate a global standard of civilization in its reform programs; and problems in the development of the global trade, including the issue of intellectual property rights. This book will be of strong interest to students and scholars in wide range of fields relating to the study...

Artificial Intelligence in Civil Engineering

Directory of Open Access Journals (Sweden)

Pengzhen Lu

2012-01-01

Full Text Available Artificial intelligence is a branch of computer science, involved in the research, design, and application of intelligent computer. Traditional methods for modeling and optimizing complex structure systems require huge amounts of computing resources, and artificial-intelligence-based solutions can often provide valuable alternatives for efficiently solving problems in the civil engineering. This paper summarizes recently developed methods and theories in the developing direction for applications of artificial intelligence in civil engineering, including evolutionary computation, neural networks, fuzzy systems, expert system, reasoning, classification, and learning, as well as others like chaos theory, cuckoo search, firefly algorithm, knowledge-based engineering, and simulated annealing. The main research trends are also pointed out in the end. The paper provides an overview of the advances of artificial intelligence applied in civil engineering.

10 CFR 824.15 - Collection of civil penalties.

Science.gov (United States)

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Collection of civil penalties. 824.15 Section 824.15 Energy DEPARTMENT OF ENERGY PROCEDURAL RULES FOR THE ASSESSMENT OF CIVIL PENALTIES FOR CLASSIFIED INFORMATION SECURITY VIOLATIONS § 824.15 Collection of civil penalties. If any person fails to pay an...

22 CFR 1104.14 - Assessment of civil penalties.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Assessment of civil penalties. 1104.14 Section... STATES SECTION PROTECTION OF ARCHAEOLOGICAL RESOURCES § 1104.14 Assessment of civil penalties. (a) The Commissioner may assess a civil penalty against any person who has violated any prohibition contained in § 1104...

12 CFR 263.65 - Civil penalty inflation adjustments.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil penalty inflation adjustments. 263.65... Money Penalties § 263.65 Civil penalty inflation adjustments. (a) Inflation adjustments. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note), the Board has...

42 CFR 493.1846 - Civil action.

Science.gov (United States)

2010-10-01

... 42 Public Health 5 2010-10-01 2010-10-01 false Civil action. 493.1846 Section 493.1846 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) STANDARDS AND CERTIFICATION LABORATORY REQUIREMENTS Enforcement Procedures § 493.1846 Civil action. If CMS...

7 CFR 1735.15 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1735.15 Section 1735.15 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE... Policies § 1735.15 Civil rights. Borrowers are required to comply with certain regulations on...

Journal of Civil Engineering, JKUAT: Submissions

African Journals Online (AJOL)

Author Guidelines. AIMS AND SCOPE The Journal of Civil Engineering, JKUAT aims to publish original research papers of high standard, containing material of broad interest and of significant contribution to civil engineering, with emphasis being placed on material that is applicable to the solution of practical problems.

Educating Civil Engineers for Developing Countries

Science.gov (United States)

Stanley, D.

1974-01-01

Based on engineering teaching experience in Africa and Asia, ideas are presented on educating civil engineers for developing countries, especially those in Africa. Some of the problems facing educational planners, teachers, and students are addressed, including responsibilities of a newly graduated civil engineer, curriculum development, and…

Civil & Criminal Penalties

Data.gov (United States)

US Consumer Product Safety Commission — When CPSC is involved in a civil or criminal investigations into violations of the Consumer Products Safety Act the Commission publishes final determinations and...

Civil Surgeon Info

Data.gov (United States)

Department of Homeland Security — USCIS designates certain doctors (also known as civil surgeons) to perform the medical exam required for most Green Card applicants. This data set represents the...

THE LAWYER`S OPINION IN MODERN CIVIL LAW

Directory of Open Access Journals (Sweden)

Elena Evgenyevna Dubovaya

2015-12-01

Full Text Available Purpose to define value of freedom and fight of opinions, views and lawyer’s positions in development of science of civil law.Methodology theoretical analysis, inductive and deductive methods.Results It is established that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. So, free expression of opinions is the engine of development of civil law.Practical implications introduction in educational process on disciplines of civil jurisprudence, further research of fight of opinions in civil law.Tendencies of the present stage of development of legal system are characterized by aspiration to fix in the Russian legal system of the beginning of private law, where at the head of a corner – people as a legal entity. Opinions of lawyers on various legal problems, and the attitudes towards these opinions are subject to considerable dynamics. The centuries-old history of development of the right showed that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. The modern civil law widely uses a method of comparative jurisprudence, studying experience of the civilized countries which promoted in development of the civil legislation.

Journal of Civil Engineering, JKUAT: Journal Sponsorship

African Journals Online (AJOL)

Journal of Civil Engineering, JKUAT: Journal Sponsorship. Journal Home > About the Journal > Journal of Civil Engineering, JKUAT: Journal Sponsorship. Log in or Register to get access to full text downloads.

42 CFR 38.8 - Criminal and civil penalties.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Criminal and civil penalties. 38.8 Section 38.8... EXAMINATIONS DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING § 38.8 Criminal and civil penalties... a civil penalty of not more than $5,000 for each violation. (c) Whoever knowingly misapplies the...

29 CFR 500.143 - Civil money penalty assessment.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalty assessment. 500.143 Section 500.143... MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION Enforcement § 500.143 Civil money penalty assessment. (a) A civil money penalty may be assessed for each violation of the Act or these regulations. (b) In...

30 CFR 208.14 - Civil and criminal penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 2 2010-07-01 2010-07-01 false Civil and criminal penalties. 208.14 Section... MANAGEMENT SALE OF FEDERAL ROYALTY OIL General Provisions § 208.14 Civil and criminal penalties. Failure to abide by the regulations in this part may result in civil and criminal penalties being levied on that...

Social Studies. Dawn: The Birth of Selected Civilizations.

Science.gov (United States)

Cold, Ron

The Quinmester world studies course for grades 7 through 9 investigates concepts of prehistory, culture, and civilization, offering an in depth understanding of the reasons why and how civilizations rise and fall. Emphasis is on comparing past and present civilizations. One major purpose of the course is for students to comprehend that…

Cognitive performance after mild traumatic brain injury: the impact of poor effort on test results and its relation to distress, personality and litigation.

Science.gov (United States)

Stulemeijer, Maja; Andriessen, Teuntje M J C; Brauer, Jolanda M P; Vos, Pieter E; Van Der Werf, Sieberen

2007-03-01

To compare consecutive Mild Traumatic Brain Injury (MTBI) patients with and without adequate effort on cognitive performance, litigation status, fatigue, distress and personality. (Neuro)psychological assessment was done 6 months post-injury in 110 patients from a cohort of 618 consecutive MTBI patients aged 18-60, who attended the emergency department of our level I trauma centre. Effort was tested with the Amsterdam Short Term Memory test. Thirty patients (27%) failed the effort test. Poor effort was associated with significantly poorer scores on seven out of eleven measures, covering all tested domains. Poor effort was associated with lower educational level and changes in work status, but not litigation. Furthermore, poor effort was related to high levels of distress, Type-D personality and fatigue. Even in a sample of non-referred MTBI patients, poor effort was common and was strongly associated with inferior test performance. These findings imply that effort testing should be part of all cognitive assessments, also outside mediolegal settings. Behavioural factors like distress and personality should be considered as potential threats to the validity of neuropsychological testing after MTBI.

Civil liability on nuclear activities

International Nuclear Information System (INIS)

Bittar, C.A.

1982-01-01

The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

[Disaster Control and Civil Protection in Germany].

Science.gov (United States)

Kippnich, Maximilian; Kowalzik, Barbara; Cermak, Rudolf; Kippnich, Uwe; Kranke, Peter; Wurmb, Thomas

2017-09-01

The train crash of Bad Aibling/Germany in February 2016 and the terrorist attacks of the recent years in Europe have demonstrated the urgent need to be prepared for such disastrous events. Disaster preparedness and disaster control are very important governmental duties, as are civil protection and civil defense. In Germany the responsibility for those tasks are divided between the 16 "Länder" and the Federation. While the Federation takes care of the civil protection and disaster assistance, the Länder are responsible for disaster control. The presented article focuses on these issues and gives valuable insights into the German system of disaster control and civil protection with a focus on health protection. Georg Thieme Verlag KG Stuttgart · New York.

32 CFR 310.47 - Civil remedies.

Science.gov (United States)

2010-07-01

... 32 National Defense 2 2010-07-01 2010-07-01 false Civil remedies. 310.47 Section 310.47 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DOD PRIVACY PROGRAM Privacy Act Violations § 310.47 Civil remedies. In addition to specific remedial...

7 CFR 1738.17 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1738.17 Section 1738.17 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE RURAL BROADBAND ACCESS LOANS AND LOAN GUARANTEES Loan Purposes and Basic Policies § 1738.17 Civil rights...

Evaluation of the MMPI-2-RF for Detecting Over-reported Symptoms in a Civil Forensic and Disability Setting.

Science.gov (United States)

Nguyen, Constance T; Green, Debbie; Barr, William B

2015-01-01

This study investigated the classification accuracy of the Minnesota Multiphasic Personality Inventory-2-Restructured Form validity scales in a sample of disability claimants and civil forensic litigants. A criterion-groups design was used, classifying examinees as "Failed Slick Criteria" through low performance on at least two performance validity indices (stand-alone or embedded) and "Passed Slick Criteria." The stand-alone measures included the Test of Memory Malingering and the Dot Counting Test. The embedded indices were extracted from the Wechsler Adult Intelligence Scales Digit Span and Vocabulary subtests, the California Verbal Learning Test-II, and the Wisconsin Card Sorting Test. Among groups classified by primary complaints at the time of evaluation, those alleging neurological conditions were more frequently classified as Failed Slick Criteria than those alleging psychiatric or medical conditions. Among those with neurological or psychiatric complaints, the F-r, FBS-r, and RBS scales differentiated between those who Passed Slick Criteria from those who Failed Slick Criteria. The Fs scale was also significantly higher in the Failed Slick Criteria compared to Passed Slick Criteria examinees within the psychiatric complaints group. Results indicated that interpretation of scale scores should take into account the examinees' presenting illness. While this study has limitations, it highlights the possibility of different cutoffs depending on the presenting complaints and the need for further studies to cross-validate the results.

Crisis or Fluidity? Florian Znaniecki’s Theory of Civilization

Directory of Open Access Journals (Sweden)

Elżbieta Hałas

2017-01-01

Full Text Available The preoccupation with the processes of globalization, which has become a key concept in the analysis of the sociocultural condition of postmodernity, has led to a decreased interest in the theory of civilization. The ideological burden of the concept of civilization and its stigmatization by critics of post-Enlightenment modernity also contribute to this current state. However, issues associated with the processes of civilization have once again come to the fore, as shown by the reconstruction of threads associated with civilization in social theory, including sociological works. The views on civilization presented by Weber, Durkheim and Mauss, by their successors Sorokin, Elias and Nelson, down to the contemporary publications of Huntington and Eisenstadt are widely known, whereas works published on this subject in Polish by Florian Znaniecki are not. On a backdrop of the genesis of civilization-associated discourse and its antinomy as regards religion, the article presents Znaniecki’s concept of civilization processes as the social integration of culture, developed on the basis of his theory of cultural and social systems. Two types of human participation in culture are significant here: cultural communities and social groups which create a cultural bond. The de-civilizing processes which Znaniecki described are shown. The article analyzes Znaniecki’s idea of a fluid civilization and the conditions which are necessary for its existence, in the shape of reflexive cultural knowledge as the answer to a cultural crisis. The new type of cultural crisis stems from cultural innovations. The article shows the differences between Znaniecki’s concept of fluidity and Bauman’s liquid modernity. It presents the concept of “civilization of the future” as a pan-human civilization, which requires the formation of a new type of cultural community – the world culture society.

29 CFR 801.42 - Civil money penalties-assessment.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalties-assessment. 801.42 Section 801.42... APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Enforcement § 801.42 Civil money penalties—assessment. (a) A civil money penalty in an amount not to exceed $10,000 for any violation may be assessed...

Transfrontier nuclear civil liability without international conventions

International Nuclear Information System (INIS)

Dogauchi, M.

1992-01-01

Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

10 CFR 1008.15 - Civil remedies.

Science.gov (United States)

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Civil remedies. 1008.15 Section 1008.15 Energy DEPARTMENT OF ENERGY (GENERAL PROVISIONS) RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT) Requests for Access or Amendment § 1008.15 Civil remedies. Subsection (g) of the Act provides that an individual may bring suit...

25 CFR 11.502 - Costs in civil actions.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Costs in civil actions. 11.502 Section 11.502 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.502 Costs in civil actions. (a) The court may assess the accruing costs of...

78 FR 26545 - Consumer Financial Civil Penalty Fund

Science.gov (United States)

2013-05-07

... which civil penalties have been imposed under Federal consumer financial laws. In addition, to the... has violated the law to pay a civil penalty. See, e.g., 12 U.S.C. 5565. Section 1017(d)(1) of the Dodd... activities for which civil penalties have been imposed under the Federal consumer financial laws.'' 12 U.S.C...

78 FR 26489 - Consumer Financial Civil Penalty Fund

Science.gov (United States)

2013-05-07

... administrative action under Federal consumer financial laws. Under the Act, funds in the Civil Penalty Fund may... Bureau may require a party that has violated the law to pay a civil penalty. See, e.g., 12 U.S.C. 5565... or any other provision of law bars the Bureau from using funds in the Civil Penalty Fund for such...

29 CFR 501.19 - Civil money penalty assessment.

Science.gov (United States)

2010-07-01

... workers. (c) A civil money penalty for each violation of the work contract or a requirement of 8 U.S.C..., with the following exceptions: (1) A civil money penalty for each willful violation of the work... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalty assessment. 501.19 Section 501.19 Labor...

78 FR 4057 - Inflation Adjustment of Civil Money Penalty Amounts

Science.gov (United States)

2013-01-18

...] RIN 2501-AD59 Inflation Adjustment of Civil Money Penalty Amounts AGENCY: Office of the Secretary, HUD. ACTION: Final rule. SUMMARY: This final rule amends HUD's civil money penalty and civil penalty... outdated cross-reference in its civil money penalty regulations. DATES: Effective Date: February 19, 2013...

46 CFR 80.40 - Civil penalty.

Science.gov (United States)

2010-10-01

... 46 Shipping 3 2010-10-01 2010-10-01 false Civil penalty. 80.40 Section 80.40 Shipping COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PASSENGER VESSELS DISCLOSURE OF SAFETY STANDARDS AND COUNTRY OF REGISTRY § 80.40 Civil penalty. For each violation of the regulations in this part, the owner, operator...

Traditional Knowledge and Social Science on Trial: Battles over Evidence in Indigenous Rights Litigation in Canada and Australia

Directory of Open Access Journals (Sweden)

Arthur J. Ray

2015-05-01

Full Text Available Traditional knowledge and oral traditions history are crucial lines of evidence in Aboriginal claims litigation and alternative forms of resolution, most notably claims commissions. This article explores the ways in which these lines of evidence pose numerous challenges in terms of how and where they can be presented, who is qualified to present it, questions about whether this evidence can stand on its own, and the problems of developing appropriate measures to protect it from inappropriate use by outsiders while not unduly restricting access by the traditional owners.

Debarring from succession – Comparing the regulations of the former civil code and the New Civil Code from 2009

Directory of Open Access Journals (Sweden)

Ioana NICOLAE

2012-01-01

Full Text Available This paper presents the changes in the legal framework regarding succession issue. These changes have been examined in light of three hypotheses arising from the former Civil Code. The distinction between judiciary debarring and lawful debarring introduced by the New Civil Code from 2009 is also presented. The conditions for cancelling the effects of debarring from succession stipulated by the New Civil Code are explained. Finally, several legal circumstances for declaring a person unworthy of succession are comparatively presented.

La sociedad civil como base de la educación y la educación como base de la sociedad civil

OpenAIRE

Alvira, Rafael

2013-01-01

La tesis fundamental del trabajo está expresada en el título: la sociedad civil es condición indispensable para que se pueda realizar una tarea educativa de altura y, a su vez, sin una educación bien hecha la sociedad civil sería imposible. Como sucede siempre, se puede comenzar por intentar mejorar las estructuras de la sociedad civil, o por potenciar la educación, pero en realidad la clave ahora está en cambiar la concepción tanto de la sociedad civil como de la educación. Para ello, result...

DOES CIVIL SOCIETY CREATE SOCIAL ENTREPRENEURS?

Directory of Open Access Journals (Sweden)

Gauca Oana

2013-07-01

Full Text Available The purpose of this paper is to analyze whether civil society itself can enhance or stimulate the creation of social entrepreneurs, by studying the traits of the civil society and the various definitions attributed to it. The main question that the paper wants to answer to is Does civil society create social entrepreneurs and the main approach used in this research paper is the theoretical one. By studying existing articles and books on the topic, the paper tries to emphasize the various dimensions that civil society can embrace, as pictured by various authors, as well as how these dimensions can relate to social entrepreneurs and the emergence of social businesses. The paper is not meant to be a breakthrough in the field, but rather to launch a question that is related to very important topics these days, social entrepreneurship, social innovation, social businesses and their connection to a very much debated topic-civil society. The paper is work-in progress and wants to stimulate research regarding the search of the sources of social entrepreneurship, in order to analyze them and better establish them as incubators for the future. It wants to be of use to whoever is researching the concepts illustrated above, as well as for those who want to get in touch with the new buzz words of the academic and entrepreneurial fields. The hereby paper stands, as previously stated, in a theoretical framework and the findings represent a mere analysis of the cause-effect relationship between the characteristics of civil society and those of social entrepreneurs. However, we are of the opinion that it can be a very good starting point for the ones interested in the domain, to analyze more sources of social entrepreneurship or further refine the answer to the question addressed in this article.