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  1. Evaluating Court Performance: Findings from Two Italian Courts

    Directory of Open Access Journals (Sweden)

    Luis Lepore

    2012-12-01

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

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

    NARCIS (Netherlands)

    Tsoutsanis, A.

    2014-01-01

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

  3. In courtroom 7--the Children's Koori Court at work: findings from an evaluation.

    Science.gov (United States)

    Borowski, Allan

    2011-10-01

    This article reports some of the findings of an evaluation of the Children's Koori Court (CKC)--the first legislated effort in Australia to involve the Indigenous community in the sentencing of young Aboriginal offenders as a strategy for reducing their overrepresentation in the juvenile justice system. A prominent feature of this court of summary jurisdiction is that the presiding magistrate, while remaining the sentencing authority, is assisted by Aboriginal Elders. This article focuses on the evaluation findings that were derived from observations of the CKC in action. They indicate that the operational objective of cultural responsiveness was realized. They also point to realization of the community-building goal-fostering Indigenous ownership of the administration of the law. Little slippage was found between the CKC's design and operation, although some areas of improvement were identified. Nevertheless, the scope for the CKC by itself to significantly reduce overrepresentation is limited.

  4. [Infanticide in the light of post-mortem findings and court files from the period 1990-2000 (selected problems)].

    Science.gov (United States)

    Kołowski, Janusz; Nowak, Klaudia Magdalena

    2005-01-01

    Drawing upon 28 court files of the District Court in Poznań and 30 post-mortem protocols--from the Department of Forensic Medicine at Poznań Medical Academy. This article tackles the issue of infanticide in the period from 1990 to 2000. The aim of this paper was to find answers to the following questions: what was the social background and mental state of female offenders? How was infanticide committed? In order to solve certain research problems, a document examination technique was employed to analyse the contents of the documents available. Female offenders were aged between 17 to 42 years. In the majority of cases (56.7%), perpetrators were occupationally active, single young women with a low level of education and having a working-class background. In the majority of cases (80%), active infanticide was committed. Most frequently, infanticide was committed by shutting a child into a tight space, and tamponade of throat and larynx. Passive infanticide was committed in 20% of cases, with infants left without care at the place of birth. No case of psychosis was determined in the examined material.

  5. Moving Young Children from Foster Care to Permanent Homes: Evaluation Findings for the ZERO TO THREE Safe Babies Court Teams Project

    Science.gov (United States)

    McCombs-Thornton, Kimberly

    2012-01-01

    This article summarizes an evaluation of the Safe Babies Court Teams Project. The study compared children in the Court Teams Project at the four initial sites (n = 298) with a nationally representative sample of young child welfare participants (n = 511) from the National Survey of Child and Adolescent Well-Being (NSCAW). The Court Teams Project…

  6. The effect of banning MDPV on the incidence of MDPV-positive findings among users of illegal drugs and on court decisions in traffic cases in Finland.

    Science.gov (United States)

    Kriikku, Pirkko; Rintatalo, Janne; Pihlainen, Katja; Hurme, Jukka; Ojanperä, Ilkka

    2015-07-01

    In this study, we sought to determine what impact the banning of 3, 4- methylenedioxypyrovalerone (MDPV) had on the incidence of MDPV-positive findings and on user profiles in driving under the influence of drugs (DUID) and postmortem (PM) investigations in Finland. All MDPV-positive cases and a selection of corresponding court cases between 2009 and 2012 were examined. The median serum concentration of MDPV in DUID cases was 0.030 mg/L and in PM blood 0.12 mg/L. The number of MDPV-positive cases decreased both in DUID and PM investigations after the drug was banned. The decrease in the mean monthly numbers of MDPV-positive DUID cases was 51.1%. In court cases, MDPV was rarely mentioned until banned and frequently mentioned thereafter. Of the convicted, 37% were without a fixed abode, 98% had other charges besides that of DUID, and 13% appeared in the study material more than once. In MDPV-positive PM cases, the proportion of suicides was very high (24%). Research on new psychoactive substances is required not only to support banning decisions but more importantly to be able to provide a scientific assessment of the risks of these new substances to the public and potential users.

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

    Science.gov (United States)

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

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

  8. COURT INTERPRETING AT DENPASAR COURT

    Directory of Open Access Journals (Sweden)

    Ida Ayu Made Puspani

    2012-11-01

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

  9. On court interpreters' visibility

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

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

  10. Supreme Court rejects challenge to FACE.

    Science.gov (United States)

    1996-10-25

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

  11. Overview of Specialized Courts

    OpenAIRE

    2009-01-01

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

  12. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

    Danish court interpreters are expected to follow ethical guidelines, which instruct them to deliver exact verbatim versions of source texts. However, this requirement often clashes with the reality of the interpreting situation in the courtroom. This paper presents and discusses the findings of a...... of an investigation regarding one kind of interpreter modification in particular: additions. The investigation was undertaken for a doctoral thesis....

  13. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

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

  14. Domestic violence and dependency courts: the Greenbook demonstration experience.

    Science.gov (United States)

    Malik, Neena M; Silverman, Jerry; Wang, Kathleen; Janczewski, Colleen

    2008-07-01

    This field study reports on a cross-site evaluation of dependency courts in communities receiving federal funding to implement the Greenbook initiative, a multisite demonstration for community improvement of coordinated responses to families victimized by domestic violence and child maltreatment. This article focuses on the dependency court, where child maltreatment cases are heard, specifically court participation in collaborative activities and court practice improvements. Findings indicate that perceptions of judicial leadership varied considerably by site. Cross-training appeared to increase over time, particularly with court staff. Collaborative efforts emerged across the Greenbook initiative with regard to the courts, and some innovative practices appeared within Greenbook sites, such as separate case plans for perpetrators and victims of violence in families, reducing the likelihood of controversial failure to protect charges. Results also highlight challenges inherent in changing court practices. Research and practice implications are discussed, focusing on relevance to other communities attempting to work collaboratively with the court system.

  15. Hearing children in court disputes between parents.

    OpenAIRE

    Mackay, Kirsteen

    2013-01-01

    The Children (Scotland) Act 1995 gives children the right to have their views taken into account when their parents take a dispute over the child to court. This is consistent with Article 12 of the United Nations Convention of the Rights of the Child (UNCRC). The most common dispute concerning children which comes before the court is over the amount of contact a child should have with the non-resident parent. This briefing reports key findings from a recent study that examined court cas...

  16. Genetics in the courts

    Energy Technology Data Exchange (ETDEWEB)

    Coyle, Heather; Drell, Dan

    2000-12-01

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

  17. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity.......This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity....

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

    Science.gov (United States)

    Williams, Charles F.

    2002-01-01

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

  19. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    ) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...... on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case...... studies: EU working time regulation, patients’ rights in cross-border healthcare, and regulation of the posting of workers. The book finds that EU legislative politics has the capacity to condition the more general impact of legal integration. It demonstrates how the broader reach of jurisprudence results...

  20. Power Sharing Courts

    Directory of Open Access Journals (Sweden)

    Stefan Graziadei

    2016-06-01

    Full Text Available In this paper, I introduce a novel concept, the one of power sharing courts. Scholars of judicial politics look at the reasons behind judicial selection and the patterns of decision making within courts through the lens of ideology (left-right. However, the resulting fertile scholarly analysis has not been extended to divided societies, where the main cleavages are not partisan but ethno-national. In these societies, the liberal model of selecting judges and taking decisions within an apex court is often corrected to specifically include politically salient ascriptive cleavages (such as ethnicity/nationality/language/religion. The main thrust of my argument is that there is a model of selecting judges, taking decisions and sharing posts of influence within apex courts in divided societies that has not yet been conceptually captured: power sharing courts. In analogy to consociationalism in the political system, power sharing in the judiciary aims to solve salient inter-community conflicts by including all relevant groups in these bodies on a basis of parity or proportionality. The paper is of equal interest to scholars of constitutional courts, consociationalists, comparatists, as well as country specialists.

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

    Science.gov (United States)

    1995-06-30

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

  2. Court-ordered caesareans.

    Science.gov (United States)

    Prochaska, Elizabeth; Lomri, Sara

    2014-11-01

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

  3. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

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

  4. Supreme Court Roundup

    Science.gov (United States)

    Williams, Charles F.

    2005-01-01

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

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

    OpenAIRE

    Lydia Anita Miljan

    2014-01-01

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

  6. Perceived Masculinity Predicts U.S. Supreme Court Outcomes.

    Science.gov (United States)

    Chen, Daniel; Halberstam, Yosh; Yu, Alan C L

    2016-01-01

    Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer's speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States.

  7. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

    . The court interpreters are all state-authorized court interpreters and thus fully competent professionals.   The centrality of pragmatics in triadic speech events has been demonstrated by a number of studies (e.g. Berk-Seligson 2002, Hale 2004, Jacobsen 2002). Thus, conversational implicatures, which...

  8. Abortion 1982: the Supreme Court once again.

    Science.gov (United States)

    Healey, J M

    1982-11-01

    . Bolton original abortion decisions, the Supreme Court as an institution finds itself at this time at 1 of those many critical junctures with enormous implications for the distribution of power among the 3 branches of government. The abortion cases reflect the conflict over the appropriate roles of the legislative and judicial branches of government in a complex public policy area.

  9. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

    Western history of crime fiction usually designates Edgar Allan Poe as the undisputed father of the detective story. Crime fiction is, hence, generally associated with incipient modernity and modern societies and cityscapes. Sir Arthur Conan Doyle even asks: Where was the detective story until Poe...... breathed the breath of life into it? The usual answer is that crime fiction, in fact, was invented by Poe, but another counter-view is that China – at that point – had had a long narrative tradition for stories about crime and detection. The socalled gongan genre – court case fiction – was probably...... sinological sources introducing a revised introduction of crime fiction on the world’s literary scene. So to answer Doyle’s question about crime fiction before Poe: Crime fiction may have been in China....

  10. Out of the shadows: victims' and witnesses' experiences of attending the Crown Court

    OpenAIRE

    Hunter, Gillian; Jacobson, Jessica; Kirby, Amy

    2013-01-01

    This report presents the findings of research examining the experiences of 44 victims and witnesses who attended the Crown Court. These were victims and prosecution witnesses in cases covering a range of crimes, including violent and sexual offences. All interviewees were asked to describe the experience of attending court, and for their views on the fairness or otherwise of the court\\ud process and outcomes. The study findings should help inform improvements to both policy and practice aimed...

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

    Data.gov (United States)

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

  12. Courts, Scheduled Damages, and Medical Malpractice Insurance

    DEFF Research Database (Denmark)

    Bertoli, Paola; Grembi, Veronica

    We assess the impact of the introduction of schedules of non-economic damages (i.e. tiered caps systems) on the behavior of insurers operating in the medical liability market for hospitals while controlling the performance of the judicial system, measured as court backlog. Using a difference......-in-differences strategy on Italian data, we find that the introduction of schedules increases the presence of insurers (i.e. medical liability market attractiveness) only in inefficient judicial districts. In the same way, court inefficiency is attractive to insurers for average values of schedules penetration...... of the market, with an increasing positive impact of inefficiency as the territorial coverage of schedules increases. Finally, no significant impact is registered on paid premiums. Our analysis sheds light on a complex set of elements affecting the decisions of insurers in malpractice markets. The analysis...

  13. "Brown" Fades: The End of Court-Ordered School Desegregation and the Resegregation of American Public Schools

    Science.gov (United States)

    Reardon, Sean F.; Grewal, Elena Tej; Kalogrides, Demetra; Greenberg, Erica

    2012-01-01

    In this paper, we investigate whether the school desegregation produced by court-ordered desegregation plans persists when school districts are released from court oversight. Over 200 medium-sized and large districts were released from desegregation court orders from 1991 to 2009. We find that racial school segregation in these districts increased…

  14. First Year at Somerset Court

    Science.gov (United States)

    Elgar, Sybil

    1975-01-01

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

  15. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

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

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

    Science.gov (United States)

    Hess, Diana

    1989-01-01

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

  17. Three Years of Teen Court Offender Outcomes

    Science.gov (United States)

    Forgays, Deborah Kirby

    2008-01-01

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

  18. Court interpreting and pragmatic meaning

    DEFF Research Database (Denmark)

    Jacobsen, Bente

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

  19. Can Courts Make Federalism Work? A Game Theory Approach to Court-Induced Compliance and Defection in Federal Systems

    Directory of Open Access Journals (Sweden)

    Gemma Sala

    2014-12-01

    Full Text Available Few studies on federalism analyze the role of courts as safeguards of the federal arrangement, and those that do tend to be too optimistic about what courts can do. This article analyzes the effect of judicial review on the interaction between the central and a regional government in a federation in order to understand the conditions under which courts may or may not enforce compliance with federalism. It argues that politicians of either level of government anticipate the likelihood of a judicial challenge and an eventual veto, and it finds distinct equilibria in the interaction between central and regional governments (imposition, auto-limitation, negotiation and litigation. Only under auto-limitation do courts effectively prevent transgressions to the federal arrangement. In all other scenarios, defection may take place despite the presence of courts. These findings show that as the court’s jurisprudence becomes more solid and defined, the chances for governments to successfully exceed their powers increase. Not only do transgressions take place despite the presence of the court, but because of it.

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

    Science.gov (United States)

    Broadbent, Alex

    2015-01-01

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

  1. Tried as an adult, housed as a juvenile: a tale of youth from two courts incarcerated together.

    Science.gov (United States)

    Bechtold, Jordan; Cauffman, Elizabeth

    2014-04-01

    Research has questioned the wisdom of housing juveniles who are convicted in criminal court in facilities with adult offenders. It is argued that minors transferred to criminal court should not be incarcerated with adults, due to a greater likelihood of developing criminal skills, being victimized, and attempting suicide. Alternatively, it has been suggested that the other option, housing these youth with minors who have committed less serious crimes and who are therefore adjudicated in juvenile courts, might have unintended consequences for juvenile court youth. The present study utilizes a sample of youth incarcerated in one secure juvenile facility, with some offenders processed in juvenile court (n = 261) and others processed in adult court (n = 103). We investigate whether youth transferred to adult court engage in more institutional offending (in particular, violence) and experience less victimization than their juvenile court counterparts. Results indicate that although adult court youth had a greater likelihood of being convicted of violent commitment offenses than juvenile court youth, the former engaged in less offending during incarceration than the latter. In addition, no significant differences in victimization were observed. These findings suggest that the concern about the need for separate housing for adult court youth is unfounded; when incarcerated together, those tried in adult court do not engage in more institutional violence than juvenile court youth. PsycINFO Database Record (c) 2014 APA, all rights reserved.

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

    Science.gov (United States)

    Nessel, Paula A.

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

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

    Science.gov (United States)

    Nessel, Paula A.

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

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

    Science.gov (United States)

    1997-10-31

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

  5. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    ) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...... on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case...

  6. English as a Court Language in Continental Courts

    NARCIS (Netherlands)

    C. Kern (Cristoph)

    2013-01-01

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

  7. Beyond court digitalization with ODR

    Directory of Open Access Journals (Sweden)

    Dory Reiling

    2017-05-01

    Full Text Available “I felt so sorry for you, such a lovely tool, and then you have no users!” This was one of the comments after my presentation of the eKantonrechter at ODR2016, organized by HIIL in the Hague in May 2016. ODR, online dispute resolution, was presented as a tool to solve all problems in the 4th Trend Report by HIIL after the conference. A weblog, however, commented that ODR had raised hopes in its early promoters, but had not really taken off. ODR is a tool to help parties in de dispute resolve their problem. There are various examples of ODR tool: supporting double blind bidding to determine a sum of money, working out divorce settlements, negotiating a solution and taking a case to court. Interesting research questions abound in the area of ODR and its users: What paths do people take when trying to resolve a problem? How can people have ownership of their court procedure? How can solutions, ODR and court procedures, best be tailored to the type of problem? The article describes the development of the e-Kantonrechter, a digital small claims procedure, as an example. ODR and its users is a field in which law and society researchers can effectively contribute to improving digital problem solving and dispute resolution procedures in court.

  8. Introduction: Staying Out of Court

    NARCIS (Netherlands)

    R. van Swaaningen (René)

    2008-01-01

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

  9. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    of Human Rights immediately followed with an opposing view in the Araguaia case, declaring that the amnesty law lacks effect under the American Convention on Human Rights. Brazilian society now faces an unprecedented challenge: can it expect its domestic courts to implement such international obligations...

  10. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

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

  11. The Camera Comes to Court.

    Science.gov (United States)

    Floren, Leola

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

  12. Introduction: Staying Out of Court

    NARCIS (Netherlands)

    R. van Swaaningen (René)

    2008-01-01

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

  13. Student Rights and the Courts.

    Science.gov (United States)

    ERIC Clearinghouse on Educational Management, Eugene, OR.

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

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

    Science.gov (United States)

    Sagatun-Edwards, Inger; Saylor, Coleen

    2000-01-01

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

  15. The Court in the Homeric Epos

    Science.gov (United States)

    Loginov, Alexandr

    2016-01-01

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

  16. Some considerations of authority of the courts

    Directory of Open Access Journals (Sweden)

    Žaklina Harašić

    2015-06-01

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

  17. Court Decisions Go Online in Beijing

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

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

  18. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

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

  19. National Courts and EU Law

    DEFF Research Database (Denmark)

    approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...... rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

  20. Chinese Judge At WTO Court

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

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

  1. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

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

  2. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

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

  3. International organizations before national courts

    CERN Document Server

    Reinisch, August

    2000-01-01

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

  4. Victimological aspects of court judgments

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2012-01-01

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

  5. The Right of Access to Court

    Directory of Open Access Journals (Sweden)

    Sokol Mëngjesi

    2015-03-01

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

  6. Supreme Court Biographies as a Classroom Resource

    Science.gov (United States)

    Ryan, John Paul

    2009-01-01

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

  7. The Supreme Court in the Culture Wars.

    Science.gov (United States)

    Rabkin, Jeremy

    1996-01-01

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

  8. 28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

    African Journals Online (AJOL)

    Fr. Ikenga

    Page | 29. EBOIBI: Jurisdiction of The International Criminal Court: Analysis, Loopholes and Challenges ... as it may be affected by the effects or passage of time. The right to ... force, the Court may exercise its jurisdiction only with ..... Statute that core criminal cases will be decided by a political body, the Security Council.

  9. Enhancing Residential Treatment for Drug Court Participants

    Science.gov (United States)

    Koob, Jeff; Brocato, Jo; Kleinpeter, Christine

    2011-01-01

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

  10. 28 CFR 902.7 - Court action.

    Science.gov (United States)

    2010-07-01

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

  11. The Supreme Court as a Small Group.

    Science.gov (United States)

    Brownlee, Don

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

  12. The Juvenile Court: Changes and Challenges.

    Science.gov (United States)

    Feld, Barry C.

    2000-01-01

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

  13. The Roberts Court and Academic Freedom

    Science.gov (United States)

    Rahdert, Mark C.

    2007-01-01

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

  14. Court Seen Balky on Religion Cases

    Science.gov (United States)

    Walsh, Mark

    2010-01-01

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

  15. CONSTITUTIONAL TRADITIONALISM IN THE ROBERTS COURT

    Directory of Open Access Journals (Sweden)

    Louis J Virelli III

    2011-05-01

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

  16. Courting the expert: a clash of culture?

    Science.gov (United States)

    Caldwell, P

    2005-06-01

    This article reviews the utility of expert opinion in legal proceedings and the deployment of expert witnesses in adversarial litigation. The use of expert witnesses to assist courts in making just and fair conclusions may be contrasted with the partisan interests of those who call them. An adversarial system is a bad method of scientific enquiry and undermines the court's capacity to reach the 'right' answer. As a consequence, courts may reach the wrong conclusion based on bad science. The role of the expert as a witness places strain on an expert to provide certainty, where in fact there may be none. Recent reforms in the civil courts have changed little and the problem is even more acute in criminal trials. The expert can rely solely on the integrity of his or her own opinion, tempered with a little humility. However, when filtered through the rhetoric and advocacy of a court arena, even this may be compromised.

  17. Where Theory and Law Meet: Trends in Establishment Clause Jurisprudence in the US Federal Courts and Implications for Science Education

    Science.gov (United States)

    King, Lance E.; Southerland, Sherry A.

    2013-01-01

    In this study, federal court opinions and writings of legal scholars, spanning 63 years of establishment clause jurisprudence in the US federal courts were analysed in an effort to determine dominant trends in judicial philosophy that are of significance to science educators. The study's findings suggest that the dominant legal theory underpinning…

  18. A theoretical evaluation of a youth mental health court program model.

    Science.gov (United States)

    Davis, Krista M; Peterson-Badali, Michele; Skilling, Tracey A

    2016-01-01

    Mental health courts are a promising new approach to addressing the overrepresentation of mental health needs among offender populations, yet little is known about how they facilitate change, particularly for youth. The current study reports on a process evaluation of a youth mental health court in Toronto, Canada. Drawing upon observations of the court and interviews with key informants, we developed a program model of the court and explored its implementation within the context of empirical evidence for treating justice-involved youth. Findings revealed that the proposed mechanism of change, which focuses on reducing recidivism through the treatment of mental health needs, should also consider factors directly related to offending behavior. Findings further highlight several strengths of the program, including the program's supportive environment and ability to engage and link youth and families with treatment. Areas for continued growth include the need for comprehensive protections of legal rights.

  19. The Supreme Court upholds parental notice requirements.

    Science.gov (United States)

    1990-01-01

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

  20. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

  1. A plea from Scotland: Preserving access to courts in private law child contact disputes.

    OpenAIRE

    Mackay, Kirsteen

    2013-01-01

    This paper is set against the background that legal aid for family actions has recently been removed in England and Wales in almost all instances except where there is recent evidence of domestic or child abuse, and against the background that the handling of family cases is also under review in Scotland. The author presents findings from her recent Scottish court-based research which illustrate the importance of access to the courts for parents who have welfare concerns for their child when ...

  2. [The role of the court system in regulating health insurance plans in Brazil].

    Science.gov (United States)

    Alves, Danielle Conte; Bahia, Ligia; Barroso, André Feijó

    2009-02-01

    Consumer complaints against private health insurance plans and companies in Brazil have become increasingly frequent in the country's 'supplementary' (non-public) health care sector, with numerous cases reaching the courts. The problem raised the need for regulation of this private market, which began in 1998, through Law no. 9.656. One of the challenges faced by the National Agency for Supplementary Health Care (ANS) is resistance to the legislation by health insurance companies, besides the fact that there are still some contracts not covered by this law. The objective of the current study was to analyze health insurance policyholders' appeals against court rulings for or against injunctions concerning coverage, in cases heard by the courts in Rio de Janeiro and São Paulo. The main data investigated were: court issuing the ruling; defendant; basis for the case; ruling by the Circuit Court and Court of Appeals; and the legal arguments. Based on the findings, the Brazilian court system still plays an important role in hearing and ruling on complaints by health insurance policyholders. The ANS has an important role in filling some gaps that have still not been solved in regulating the health insurance industry.

  3. The Future Of Court Interpreting In Croatia

    Directory of Open Access Journals (Sweden)

    Dobrić Katja

    2014-09-01

    Full Text Available Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation

  4. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

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

  5. 20 CFR 416.1485 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 416.1485... Determinations and Decisions Court Remand Cases § 416.1485 Application of circuit court law. The procedures which... circuit court decision that we determine contains a holding that conflicts with our interpretation of...

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

    Directory of Open Access Journals (Sweden)

    William Arnold

    2014-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Pamela Ryder-Lahey

    2008-01-01

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

  8. How do the Constitutional Courts decide?

    Directory of Open Access Journals (Sweden)

    Pasquale Pasquino

    2016-12-01

    Full Text Available The purpose of this article is to explore the mode of production of judicial sentences drafted by constitutional courts in Europe. The natural object of study of the constitutional theory is the analysis of this final product of judicial creation of Law by Constitutional Courts. However, the doctrine has not given sufficient attention –from a comparative law perspective– to the mechanisms and procedures that lead to the decisions of these institutions. Thus, this document will classify the different types of decision-making processes in the courts, analyzing the stages that make up the «mode of production», from the study of the decisions of the Supreme Court of the United States, the Constitutional Council of the French Republic, The Constitutional Court of Italy and the Federal Constitutional Court of Germany. At the end of the paper, some conclusions are made about the period of the magistrates, their party affiliation, the temporary restrictions of deliberation and institutional factors such as the number of attendees or the personalization of its members.

  9. Infanticide or civil rights for women: did the Supreme Court go too far in Stenberg v. Carhart?

    National Research Council Canada - National Science Library

    Schmutz, Stephanie D

    2002-01-01

      In "Stenberg v. Carhart," the US Supreme Court seemed to ignore doctors, legislators and the people of the US by finding unconstitutional Nebraska's statute that banned the use of partial-birth abortions...

  10. Remedies for moral damage before the European Court of Human Rights: Cyprus v. Turkey case

    Directory of Open Access Journals (Sweden)

    Đajić Sanja

    2014-01-01

    Full Text Available This article provides the overview of the Cyprus v. Turkey judgment, a recently decided case before the Grand Chamber of the European Court for Human Rights. This is the first inter-State case which ended with pecuniary judgment for moral damages. The article begins with the overview of factual and legal issues in the Cyprus v. Turkey case which is followed by contextualizing this judgment within the general legal framework regarding moral damages and remedies available. The second part provides the insight into the case law of the International Court of Justice, European Court for Human Rights and international investment arbitration in order to assess the status of moral damages under general international law. While all international courts and tribunals recognize moral damage as a cause of action, they seem to respond differently to the issue of remedies. International Court of Justice seems to favour declaratory over pecuniary judgments; European Court of Human Rights tend to award both non-pecuniary and pecuniary remedies for moral damages; international investment tribunals seem to favour pecuniary remedies for moral damages. A separate issue is whether international law permits or rather proscribes punitive damages. While the ILC finds that general international law does not allow for punitive damages there are different opinions, at least within the ECHR setting, that moral damages are inherently punitive for fault-based conduct of the responsible state.

  11. Drug Courts and Community Crime Rates: A Nationwide Analysis of Jurisdiction-Level Outcomes

    Directory of Open Access Journals (Sweden)

    David R. Lilley

    2013-01-01

    Full Text Available Although a substantial number of studies have reported that drug courts reduced the recidivism of graduates (Wilson et al., 2006, a series of recent analyses suggested that drug courts and similar programs were associated with unintended crime outcomes in cities and counties across the nation (Lilley and Boba, 2008; Miethe et al., 2000; Peters et al., 2002; Worrall et al., 2009. Given that over 220,000 offenders participated in this alternative to incarceration and most did not successfully complete the drug court program, jurisdictional crime may have been impacted. A series of panel data analyses were conducted among more than 5,000 jurisdictions nationwide from 1995 to 2002 to assess the impact of drug court implementation grants on UCR Part I felony offenses. Consistent with prior findings, drug court implementation grants were associated with net increases in vehicle theft, burglary, larceny, and some violent offenses. Possible explanations for these unintended outcomes are discussed along with recommendations for adjustments to current drug court programs across the nation.

  12. Identifying and Addressing the Unmet Health Care Needs of Drug Court Clients.

    Science.gov (United States)

    Dugosh, Karen L; Festinger, David S; Lipkin, Jessica L

    2016-12-01

    Drug courts address issues such as employment and housing but largely miss the opportunity to address important health care issues. The current study examined the prevalence and correlates of chronic medical conditions among a sample of drug court clients who were participating in a clinical trial of an intervention to reduce HIV risk. A total of 256 clients completed a health survey at entry into the drug court program and 9 months post-entry. The baseline health survey included a comprehensive list of chronic medical conditions, and participants were asked to indicate which, if any, they had ever been diagnosed as having. They were also asked to indicate whether or not they were currently receiving treatment for each chronic condition that they endorsed. The follow-up survey was identical to the baseline survey, with the exception that it contained items reflecting (1) whether or not any member of the drug court team engaged in discussion with the client about each of the chronic conditions reported and (2) whether the client received a referral to medical care for endorsed conditions while in the drug court program. Results indicated that over 50% of clients reported at least one chronic condition and 21% reported more than one condition. Among those with chronic conditions, 71% reported having chronic conditions for which they were not currently receiving treatment. Unfortunately, drug court clients reported that the drug court team did little to address these unmet health needs. Findings from this study suggest that clients could benefit if drug court programs began to widen their focus to include addressing health-related issues.

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

    Science.gov (United States)

    1995-05-19

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

  14. The Warren Court and the Burger Court: Some Comparisons of Education-Related Decisions.

    Science.gov (United States)

    Faber, Charles F.

    1981-01-01

    Compares the records of the Warren Court and the Burger Court on education-related cases concerning religion and the schools, teachers' loyalty, due process and racial segregation, freedom of expression, civil rights, and equal protection under the law. Reports the voting record of individual justices. (Author/MLF)

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

    Science.gov (United States)

    2009-12-01

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

  16. Electronic Courts and the Challenges in Managing Evidence. A View From Inside The International Criminal Court

    Directory of Open Access Journals (Sweden)

    Mark Patrick Dillon

    2014-06-01

    Full Text Available Many courts face challenges dealing with large volumes of electronic evidence. Innovative solutions are in place, but challenges remain for those who manage our courts. Some of the international tribunals have embraced new technologies. High staff turnover leads to a knowledge drain and mobile devices which generate a significant amount of meta-data are issues that need to be addressed.

  17. Egyptian court overturns ban on genital mutilation.

    Science.gov (United States)

    1997-07-04

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

  18. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

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

  19. Exploring the relationship between criminogenic risk assessment and mental health court program completion.

    Science.gov (United States)

    Bonfine, Natalie; Ritter, Christian; Munetz, Mark R

    2016-01-01

    The two primary goals of mental health courts are to engage individuals with severe mental illness in the criminal justice system with clinical mental health services and to prevent future involvement with the criminal justice system. An important factor in helping to achieve both goals is to identify participants' level of clinical needs and criminogenic risk/needs. This study seeks to better understand how criminogenic risk affects outcomes in a mental health court. Specifically, we explore if high criminogenic risk is associated with failure to complete mental health court. Our subjects are participants of a municipal mental health court (MHC) who completed the Level of Services Inventory-Revised (LSI-R) upon entry to the program (N=146). We used binary logistic regression to determine the association between termination from the program with the total LSI-R. Our findings suggest that, net of prior criminal history, time in the program and clinical services received, high criminogenic risk/need is associated with failure to complete mental health court. In addition to providing clinical services, our findings suggest the need for MHCs to include criminogenic risk assessment to identify criminogenic risk. For participants to succeed in MHCs, both their clinical and criminogenic needs should be addressed.

  20. Employment, employment-related problems, and drug use at drug court entry.

    Science.gov (United States)

    Leukefeld, Carl; McDonald, Hope Smiley; Staton, Michele; Mateyoke-Scrivner, Allison

    2004-01-01

    The literature indicates that employment may be an important factor for retaining substance misusing clients in treatment. Given the link between employment problems and treatment retention for Drug Court clients, the current project builds upon the existing services provided by Drug Courts in order to develop and implement an innovative model that focuses on obtaining, maintaining, and upgrading employment for Drug Court participants. The purpose of this article is to (1) describe the employment intervention used in Kentucky Drug Courts, which is grounded in established job readiness and life skill training approaches; and (2) profile those participants who were employed full-time prior to Drug Court and those who were not. Findings suggest that those employed full-time were more likely to have higher incomes and more earned income from legitimate job sources, although there were no differences in the types of employment (major jobs included food service and construction). In addition, study findings suggest that full-time employment was not "protective" since there were few differences in drug use and criminal activity by employment status. Employment interventions need to be examined to determine their utility for enhancing employment and keeping drug users in treatment. This article focuses on the initial 400 participants, who began entering the study in March, 2000.

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

    Directory of Open Access Journals (Sweden)

    Roger Guimerà

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

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

    Science.gov (United States)

    Pexton, Elizabeth A.; Gossweiler, Robert

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

  3. Implementation Work at Scale: An Examination of the Fidelity of Implementation Study of the Scale-Up Effectiveness Trial of Open Court Reading

    Science.gov (United States)

    Sullivan, Kate; Bell, Nance; Jones, Debra Hughes; Caverly, Sarah; Vaden-Kiernan, Michael

    2016-01-01

    The Fidelity of Implementation (FOI) study that is the focus of this report was conducted as a component of a scale-up effectiveness trial of the SRA/McGraw-Hill Open Court Reading program. The overall purpose of the FOI study was to support and provide context for findings from the larger experimental impact study of Open Court Reading (OCR). To…

  4. Supreme Court Ruling on Chinese Children

    Science.gov (United States)

    Integrated Education, 1974

    1974-01-01

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

  5. Children, Special Needs and the Courts.

    Science.gov (United States)

    Rabinowicz, Jack

    1992-01-01

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

  6. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

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

    2015-01-01

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

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

    Science.gov (United States)

    Phay, Robert E.

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

  8. An International Criminal Court of Public Opinion

    NARCIS (Netherlands)

    Bouwknegt, Thijs Bastiaan

    2012-01-01

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

  9. The Supreme Court and Public Pressure.

    Science.gov (United States)

    Richardson, Scott

    1989-01-01

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

  10. Supreme Court Signals Caution on Affirmative Action.

    Science.gov (United States)

    Schmidt, Peter

    2003-01-01

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

  11. Supreme Court Upholds Religious Liberty: Educational Implications.

    Science.gov (United States)

    Mawdsley, Ralph D.; Russo, Charles J.

    1994-01-01

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

  12. World’s Eyes on Center Court

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

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

  13. Status of Cases in the Supreme Court.

    Science.gov (United States)

    Chronicle of Higher Education, 1986

    1986-01-01

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

  14. 20 CFR 404.985 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 404.985... and Decisions Court Remand Cases § 404.985 Application of circuit court law. The procedures which... release an Acquiescence Ruling for publication in the Federal Register for any precedential circuit...

  15. 19 CFR 176.31 - Reliquidation following decision of court.

    Science.gov (United States)

    2010-04-01

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

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

    Science.gov (United States)

    Festinger, Trudy Bradley

    1975-01-01

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

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

    Science.gov (United States)

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

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

  18. Human Dignity: incorporation of the case law of the European Court of Human Rights by the Colombian Constitutional Court

    National Research Council Canada - National Science Library

    Silvana Insignares Cera; Viridiana Molinares Hassan

    2011-01-01

      This paper analyzes how the Colombian Constitutional Court in its jurisprudence includes references to case law of the European Court of Human Rights, in exercising its constitutional oversight and...

  19. Affirmative Action Hanging in the Balance: Giving Voice to the Research Community in the Supreme Court

    Science.gov (United States)

    Orfield, Gary

    2013-01-01

    Good research does not mean good policy, but policy or legal conclusions that rely on false assumptions are certain to be bad. When the rights of U.S. students of color are at stake, the Supreme Courts need the best research findings the country can offer. The U.S. Constitution contains sweeping and undefined terms. Reaching a conclusion about the…

  20. A Pilot Test of a Mobile App for Drug Court Participants.

    Science.gov (United States)

    Johnson, Kimberly; Richards, Stephanie; Chih, Ming-Yuan; Moon, Tae Joon; Curtis, Hilary; Gustafson, David H

    2016-01-01

    The U.S. criminal justice system refers more people to substance abuse treatment than any other system. Low treatment completion rates and high relapse rates among addicted offenders highlight the need for better substance use disorder treatment and recovery tools. Mobile health applications (apps) may fill that need by providing continuous support. In this pilot test, 30 participants in a Massachusetts drug court program used A-CHESS, a mobile app for recovery support and relapse prevention, over a four-month period. Over the course of the study period, participants opened A-CHESS on average of 62% of the days that they had the app. Social networking tools were the most utilized services. The study results suggest that drug court participants will make regular use of a recovery support app. This pilot study sought to find out if addicted offenders in a drug court program would use a mobile application to support and manage their recovery.

  1. A Good Friend’: The Role of Peer Networks in Juvenile Treatment Courts

    Directory of Open Access Journals (Sweden)

    Pamela Linden

    2009-03-01

    Full Text Available A primary goal of Juvenile Treatment Courts is participant abstention from the use of alcohol and drugs. The present paper seeks to understand the role of social networks in participant abstention by examining the accounts of peer interactions of 37 current and former youth participants in New York State. This qualitative study found that while severing deviant network ties were involved in abstention in some cases, the dominant theme was the perceived protective role of emotionally close, albeit drug using, peers in supporting abstention. Although most cognitively based adolescent chemical abuse treatment programs explore the role of social networks in youth chemical use and abuse, the findings that youth in Juvenile Treatment Court programs have continued exposure to drugs and alcohol through interaction with their social networks suggest that social network interactions also enter into the discourse taking place within Juvenile Treatment Court settings.

  2. Female recidivists speak about their experience in drug court while engaging in appreciative inquiry.

    Science.gov (United States)

    Fischer, Michael; Geiger, Brenda; Hughes, Mary Ellen

    2007-12-01

    Eleven female drug-court participants looked at current and past experiences to assess their program and envision future program innovations. From these women's perspective, the strongest component of drug court was being surrounded by staff dedicated to their progress and recovery. Graduated supervision and accurate drug testing were appreciated rather than resented when the participants were not humiliated and were treated with respect. Wraparound services, resources, and referral; treatment facilities that accepted children; and individualized treatment plans and therapy with offenders who are ex-addicts, and preferably females, allowed for greater involvement and active participation in recovery. Progressing through three phases, acquiring skills, a job, and visitation rights to see their children or regaining custody, increased these women's sense of self-efficacy perception and confidence in their ability to lead a drug-free, meaningful life. Findings show the importance of qualitative criteria in evaluating drug-court participants' progress and the process of recovery.

  3. Effect of Court Dimensions on Players’ External and Internal Load during Small-Sided Handball Games

    Directory of Open Access Journals (Sweden)

    Matteo Corvino

    2014-06-01

    ×12m one (p < 0.05; ES = 2.34. Our findings indicate that changing court dimensions during small-sided handball games can be used to manipulate both external and internal loads on the players.

  4. Justice blocks and predictability of US Supreme Court votes

    CERN Document Server

    Guimera, Roger; 10.1371/journal.pone.0027188

    2012-01-01

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

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

    Science.gov (United States)

    Ciccone, J R

    1999-03-01

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

  6. Trial by Jury in Russian Military Courts

    Directory of Open Access Journals (Sweden)

    Nikolai P. Kovalev

    2008-07-01

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

  7. Sociomateriality at the Royal Court of IS

    DEFF Research Database (Denmark)

    Kautz, Karlheinz; Jensen, Tina Blegind

    2013-01-01

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

  8. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

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

  9. Republic of science and court on chemistry

    Energy Technology Data Exchange (ETDEWEB)

    Jung, Wan Sang

    2001-05-15

    This book introduces the such a bizarre science class through our life, which is comprised of ten chapters. The contents of this book are case by gas, case by solubility, case by change of state, case by metal, case by density, case by oxidize, case by pressure, case by electrochemistry, case by heat. Each chapter has a few cases related chemical reaction and solution with interesting titles. It revels the birth of court for chemistry and becoming intimate with chemistry in the epilogue.

  10. Framework for Analysis of Mitigation in Courts

    Science.gov (United States)

    2005-01-01

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

  11. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

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

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

    Science.gov (United States)

    Wang, Daniel W L

    2013-01-01

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

  13. Supreme audit court of auditors' insights on operational audit challenges

    Directory of Open Access Journals (Sweden)

    Sadegh Jamali

    2012-04-01

    Full Text Available Operational audit plays an important role on managing governmental budget. It helps control government spending and other important budgetary issues. This paper presents an empirical study to find out the possible barriers on implementing operational audit. The proposed study distributes some questionnaires among supreme audit court of auditors and analyzes the questions. The results indicate that many governmental organizations are not strongly committed to rules and regulations. There are not sufficient standards on auditing programs and many governmental agencies do not even use operational budgeting system since they are not aware of the benefits of such system. There are some of the most important challenges of having operational budgeting and paper suggests some guidelines for having better regulation on removing the main barriers.

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

    Directory of Open Access Journals (Sweden)

    Bosiljka Britvić Vetma

    2015-06-01

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

  15. Introduction. National Courts vis-à-vis EU Law

    DEFF Research Database (Denmark)

    Mayoral, Juan A.; Wind, Marlene

    2016-01-01

    National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour...... in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments....

  16. Structured mayhem: personal experiences of the Crown Court

    OpenAIRE

    Jacobson, Jessica; Hunter, G.; Kirby, Amy

    2015-01-01

    Synopsis: A CJA briefing on the sometimes harrowing experiences of victims, witnesses and defendants in a wide-ranging series of Crown Court cases. Structured Mayhem is a digest of a remarkable piece of research carried by the Institute for Criminal Policy Research. Featuring extensive interviews with court users it furnishes a stark reminder that, for all the progress made in recent years, our courts all too often still cause huge frustration and distress to victims and witnesses, and also d...

  17. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

    Full Text Available Abstract Performance assessments have become commonplace in management, even in the public sector. With the increasing pressure on courts to perform while making efficient use of resources, performance assessments in the justice system are also gaining in importance. However, the need for judicial independence poses special challenges for performance assessments in courts. Against this background, this article conducts a constitutional appraisal, and contrasts the need for judicial independence with the principles governing effectiveness and efficiency, self-government and supervision, and appointment and re-appointment. A duty to guarantee justice can be derived from this that does not in principle exclude the performance assessment of judges, but even renders it essential, subject to compliance with certain requirements. In these circumstances, it seems hardly surprising that numerous countries conduct performance assessments of judges and also that various international institutions have developed principles for this purpose, a summary of which is presented – in Switzerland’s case based on a recently conducted survey. In the field of conflict between the guaranteeing justice and protecting the judiciary, the following key questions arise in particular: What is the purpose of performance assessments and what are the consequences?What is subjected to a performance assessment and what are the assessment criteria?How is performance recorded as the basis for the performance assessment?Who is subjected to a performance assessment, and must a distinction be made between judges in higher and lower courts?Who carries out the performance assessment and what methods of protecting one’s rights are available?Who should receive the results of the performance assessment?The contribution sketches out possible answers to these key questions and aims to encourage academics and practitioners to give further consideration to this subject.

  18. The CISG in Denmark and Danish Courts

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2011-01-01

    In this article the author explores key aspects of Denmark’s reception and implementation of the 1980 United Nations Convention on Contracts for the International Sales of Goods (CISG). Placing the treaty within its larger private law context, the author explains the complexity and confusion...... the problematical relationship between these international obligations and the Danish judicial tradition of formulating premises so brief that they shed little light on the decision’s underlying rationale ( ratio decidendi ). Following analysis and critique of three Danish CISG court judgments which help illustrate...

  19. THE RIGHT TO AN INDEPENDENT COURT

    Directory of Open Access Journals (Sweden)

    ALIN-GHEORGHE GAVRILESCU

    2011-04-01

    Full Text Available The independence of the court is essential of state of rule, to maintain the stability in juridical intercourse, for the existence of a constitutional democracy achieved through a warranty of the necessary objectivity for the steady and legal settlement of the causes deducted to the trial and the achievement of a fair trial. The article emphasizes the main international juridical tools in which independence of justice is reflected, achieving an examination of judicial practice of European instance as well as an analysis of this principle as it is regulated by Romanian justice.

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

    DEFF Research Database (Denmark)

    Martinsen, Bodil

    2009-01-01

    to assume that they are able to monitor and thus evaluate the interpreting if the foreign language used in court belongs to the major ones within the Danish educational system, like English or French, contrary to "exotic" migrant languages. This paper highlights the problem that the interpreted proceedings...... are far less transparent for the legal participants than they normally assume. This problem, in turn, stresses the importance of a) the interpreter's competence and self-awareness and b) the use of check interpreters.  ...

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

    Directory of Open Access Journals (Sweden)

    Raghav Sharma

    2008-06-01

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

  2. Indigenous Partner Violence, Indigenous Sentencing Courts, and Pathways to Desistance.

    Science.gov (United States)

    Marchetti, Elena; Daly, Kathleen

    2016-09-13

    Mainstream sentencing courts do little to change the behavior of partner violence offenders, let alone members of more socially marginal groups. Indigenous offenders face a court system that has little relevance to the complexity of their relations and lived experiences. Assisted by respected Elders and Community Representatives, Australian Indigenous sentencing courts seek to create a more meaningful sentencing process that has a deeper impact on Indigenous offenders' attitudes and, ultimately, their behavior. Drawing from interviews with 30 Indigenous offenders, we explore the ways in which the courts can motivate Indigenous partner violence offenders on pathways to desistence.

  3. Clinton asks court to rule against assisted suicide.

    Science.gov (United States)

    1996-11-29

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

  4. Do Specialty Courts Achieve Better Outcomes for Children in Foster Care than General Courts?

    Science.gov (United States)

    Sloan, Frank A.; Gifford, Elizabeth J.; Eldred, Lindsey M.; Acquah, Kofi F.; Blevins, Claire E.

    2013-01-01

    Objective: This study assessed the effects of unified family and drug treatment courts (DTCs) on the resolution of cases involving foster care children and the resulting effects on school performance. Method: The first analytic step was to assess the impacts of presence of unified and DTCs in North Carolina counties on time children spent in…

  5. Court Interpreting in Denmark - the role of court interpreters in Danish courtrooms

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    1999-01-01

    that Danish court interpreters regularly fail to adhere to one of the rules stipulated under accuracy and completeness: the rule regarding additions. The contention is one of the hypotheses of a recently undertaken PhD project which aims at demonstrating the presence of additions in interpreter renditions...

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

    Science.gov (United States)

    Brown, Randall T

    2010-06-01

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

  7. HIV Prevention for Juvenile Drug Court Offenders: A Randomized Controlled Trial Focusing on Affect Management

    Science.gov (United States)

    Tolou-Shams, Marina; Houck, Christopher D.; Conrad, Selby M.; Tarantino, Nicholas; Stein, L.A.R.; Brown, Larry K.

    2011-01-01

    Background Juvenile drug court offenders have benefited from evidence-based interventions addressing antisocial behavior, mental health and/or substance use; however, interventions addressing HIV risk behavior are lacking. This study presents pilot findings and lessons learned from a group-based HIV prevention intervention delivered to juvenile drug court offenders. Methods Participants were randomized to a 5-session HIV Prevention (n =29) or Health Promotion (n=28) condition and completed measures of sexual risk taking and substance use at baseline and 3 month post-intervention. Results No between-group differences by time emerged on measures of sexual risk-taking or other HIV-related behaviors and attitudes. Both groups improved their rates of HIV testing and decreased their substance use during sex over time. Conclusions Delivering an HIV prevention intervention to drug court offenders is feasible; however, more intensive interventions that incorporate multiple systems and address co-occurring mental health difficulties may be needed to affect sexual behavioral change among these high-risk court-involved youth. PMID:21474529

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

    Science.gov (United States)

    Moncrieff, Abigail R

    2012-06-01

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

  9. South African court rejects country's new constitution.

    Science.gov (United States)

    1996-09-20

    Fundamental principles designed to ensure that South Africa's new constitution upholds a wide range of individual rights and freedoms and establishes a responsive government with a balanced separation of powers, including recognition of the role of traditional tribal leadership, were adopted into the current interim constitution shortly before the 1994 free elections which brought Nelson Mandela and the African National Congress to power. In a judgement issued on September 6, 1996, South Africa's Constitutional Court rejected the country's new draft constitution, arguing that it failed to meet the standards of nine of the 34 principles established at the Kempton Park negotiations. The Constitutional Assembly is comprised of a joint meeting of the National Assembly and Senate. One of the court's major objections to the constitution concerned the proposed structure of rule, which was seen to give inadequate power to South Africa's nine provinces as compared with the national government. However, the bill of rights was almost entirely upheld. The bill would create a favorable environment for legalized abortion and guarantee a universal right of access to health care, including reproductive health services

  10. Experiences of going to court: Witnesses with intellectual disabilities and their carers speak up.

    Science.gov (United States)

    Beckene, Tessy; Forrester-Jones, Rachel; Murphy, Glynis H

    2017-03-31

    People with intellectual disabilities are more vulnerable to sexual abuse and are more disadvantaged in the criminal justice system than the general population. However, little is known about the experiences of people with intellectual disabilities who have allegedly been victims of sexual abuse and also been witnesses in court. This study used semi-structured interviews and a Grounded Theory approach to examine the experiences of four people with intellectual disabilities and four carers/supporters who had all attended trials. Findings showed that after the traumatic incident of abuse, a court experience could become a secondary source of trauma. Experience of this trauma was dependent on the quality and quantity of support people received and the understanding of intellectual disabilities amongst the legal participants. The findings argue for better training for legal participants who are in contact with vulnerable witnesses and better support structures for alleged victims. © 2017 John Wiley & Sons Ltd.

  11. Conn. hospital's conduct violated labor law--court.

    Science.gov (United States)

    Burda, D

    1992-01-20

    A federal appeals court in New York has ruled that Waterbury (Conn.) Hospital violated federal labor law in 1986 when it hired replacement nurses rather than returning striking nurses to fill certain hospital jobs. The court said the hospital didn't meet all the conditions under which it is allowable to hire permanent replacements during a strike.

  12. Assisted Reproduction and the Courts: The Case of California

    Science.gov (United States)

    Maule, Linda S.; Schmid, Karen

    2006-01-01

    In this article, the authors analyze appellate court cases heard in California between 1960 and 2000 that focus on the status of children conceived through reproductive technology in an effort to examine the role of the courts in defining parentage and family in the late 20th and early 21st centuries. In the absence of legislation, the primary…

  13. 20 CFR 405.515 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 405.515 Section 405.515 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.515 Application of circuit court law. We...

  14. HIV/STI Risk Behavior of Drug Court Participants

    Science.gov (United States)

    Robertson, Angela A.; St. Lawrence, Janet S.; McCluskey, D. Lee

    2012-01-01

    Drug abusing offenders have high rates of HIV and other sexually transmitted infections (STI). To date, the HIV/STI prevention needs of offenders in drug court programs have been ignored. This multi-method study employed interviews to assess drug court professionals' perceptions of the need for an HIV risk reduction intervention to be integrated…

  15. Abused and Neglected Children in Court: Knowledge and Attitudes

    Science.gov (United States)

    Block, Stephanie D.; Oran, Howard; Oran, Diane; Baumrind, Nikki; Goodman, Gail S.

    2010-01-01

    Objective: After maltreated children are taken into protective custody, dependency courts determine the children's placements. Many, if not most, maltreated children never attend their dependency court hearings. We had the rare opportunity to interview children in a jurisdiction where children regularly attend their detention hearings in…

  16. 78 FR 14271 - Manual for Courts-Martial; Proposed Amendments

    Science.gov (United States)

    2013-03-05

    ... of the Secretary Manual for Courts-Martial; Proposed Amendments AGENCY: Joint Service Committee on... amendments to the Manual for Courts-Martial, United States (2012 ed.)(MCM). SUMMARY: The Joint Service Committee on Military Justice (JSC) is publishing final proposed amendments to the Manual for...

  17. HIV/STI Risk Behavior of Drug Court Participants

    Science.gov (United States)

    Robertson, Angela A.; St. Lawrence, Janet S.; McCluskey, D. Lee

    2012-01-01

    Drug abusing offenders have high rates of HIV and other sexually transmitted infections (STI). To date, the HIV/STI prevention needs of offenders in drug court programs have been ignored. This multi-method study employed interviews to assess drug court professionals' perceptions of the need for an HIV risk reduction intervention to be integrated…

  18. 22 CFR 19.6 - Court orders and divorce decrees.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Court orders and divorce decrees. 19.6 Section 19.6 Foreign Relations DEPARTMENT OF STATE PERSONNEL BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM § 19.6 Court orders and divorce decrees....

  19. Teen Courts: A Focus on Research. OJJDP Bulletin.

    Science.gov (United States)

    Butts, Jeffrey A.; Buck, Janeen

    The teen court concept has gained popularity in recent years as juvenile courts have had to deal with increased numbers of serious, violent, and chronic juvenile offenders. Its acceptance has been fueled, in part, by positive anecdotal reports from those involved with this peer-centered approach. Growing from a handful of programs in the 1960s,…

  20. Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

    Science.gov (United States)

    Norris, Michael; Twill, Sarah; Kim, Chigon

    2011-01-01

    Teen courts have grown rapidly in the United States despite little evidence of their effectiveness. A survival analysis of 635 teen court and 186 regular diversion participants showed no significant differences in recidivism, although program completers were half as likely to reoffend as noncompleters. Older offenders survived significantly better…

  1. Abused and Neglected Children in Court: Knowledge and Attitudes

    Science.gov (United States)

    Block, Stephanie D.; Oran, Howard; Oran, Diane; Baumrind, Nikki; Goodman, Gail S.

    2010-01-01

    Objective: After maltreated children are taken into protective custody, dependency courts determine the children's placements. Many, if not most, maltreated children never attend their dependency court hearings. We had the rare opportunity to interview children in a jurisdiction where children regularly attend their detention hearings in…

  2. The Extra-Curricular Perspective: The Moot Court.

    Science.gov (United States)

    Crouse, Janice Shaw; Thorpe, Judie Mosier

    At Ball State (Indiana) University, the moot court format's replication of real-world advocacy has been found far more conducive to teaching ethics and values than debate because it provides internal monitoring devices and instantaneous feedback. Of course, the main purpose of the moot court is to polish communication skills. Still, even with this…

  3. Domestic Violence and Dependency Courts: The "Greenbook" Demonstration Experience

    Science.gov (United States)

    Malik, Neena M.; Silverman, Jerry; Wang, Kathleen; Janczewski, Colleen

    2008-01-01

    This field study reports on a cross-site evaluation of dependency courts in communities receiving federal funding to implement the "Greenbook" initiative, a multisite demonstration for community improvement of coordinated responses to families victimized by domestic violence and child maltreatment. This article focuses on the dependency court,…

  4. 38 CFR 3.214 - Court decisions; unremarried surviving spouses.

    Science.gov (United States)

    2010-07-01

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

  5. Individual Factors Predicting Mental Health Court Diversion Outcome

    Science.gov (United States)

    Verhaaff, Ashley; Scott, Hannah

    2015-01-01

    Objective: This study examined which individual factors predict mental health court diversion outcome among a sample of persons with mental illness participating in a postcharge diversion program. Method: The study employed secondary analysis of existing program records for 419 persons with mental illness in a court diversion program. Results:…

  6. Matching Judicial Supervision to Clients' Risk Status in Drug Court

    Science.gov (United States)

    Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.

    2006-01-01

    This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status…

  7. Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

    Science.gov (United States)

    Norris, Michael; Twill, Sarah; Kim, Chigon

    2011-01-01

    Teen courts have grown rapidly in the United States despite little evidence of their effectiveness. A survival analysis of 635 teen court and 186 regular diversion participants showed no significant differences in recidivism, although program completers were half as likely to reoffend as noncompleters. Older offenders survived significantly better…

  8. Brandeis Lawsuit Puts Campus Courts in the Dock.

    Science.gov (United States)

    Gose, Ben

    2000-01-01

    Analyzes the case of a Brandeis University student found guilty of "unwanted sexual activity" by a university judicial panel. The student sued Brandeis, and the Massachusets Appeals Court ruled against Brandeis despite the court's customary deference to the decision making of private institutions. Ten other colleges are supporting…

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

    Science.gov (United States)

    1997-03-21

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

  10. Caseload Allocation and Special Judicial Skills: Finding the 'Right Judge'?

    Directory of Open Access Journals (Sweden)

    Anne Wallace

    2012-12-01

    Full Text Available Australian courts, as with those in most common law systems, value judicial officers who are generalists. Appointment to a court indicates that the appointee is capable of dealing impartially with all types of cases that come before it. However, caseload allocation processes within courts also recognize and value different skills or expertise that may be applied to particular types of cases or to particular judicial tasks. Our research investigates ways magistrates courts in Australia (first instance courts of general criminal and civil jurisdiction manage caseload allocation processes to match magistrates' skills and abilities to specific work demands within their general jurisdictions as well as to the demands of specialist lists and courts. The research draws on interview data collected from judicial officers and court staff involved in caseload allocation in four Australian jurisdictions. This research finds that these courts place a high value on the principle that ‘everyone should be able to do everything’ and the entitlement of individual judicial officers to a caseload that is balanced and fair in relation to their colleagues. However, this preference for generalist judicial officers can create tensions in relation to the need to staff specialist lists, and to sometimes use particular skills in the general lists. Despite the presumption of competence, those allocating generalist and specialist caseload take into account different skills and expertise in the judicial workforce in the allocation decisions. Preferences of judicial officers for particular types of work can also play a role. However, the process by which assessments are made about expertise is also less than transparent in many cases, and draws largely on informal sources of knowledge. Magistrates and court users may benefit from a more clearly defined and transparent process to identify and develop skills and expertise, and allocate caseload accordingly. Such a process

  11. The Constitutional Court and the Imperative of its Reform

    Directory of Open Access Journals (Sweden)

    Claudia Gilia

    2012-12-01

    Full Text Available Recent debates on the upcoming review of the Constitution have determined us to pay close attention to the basic institution in a democratic state, that is the Constitutional Court. Being caught in the crossfire between power and opposition, the Constitutional Court had a hard time lately, facing severe attacks. The aim of our study is to analyze the evolution of the Constitutional Court within the inland constitutional system, particularly bringing up the flaws describing the Court’s activity. We have also analyzed the proposals put forth by several bodies or experts regarding the constitutional contentious court. At the end of our study, following an analysis of different constitutional types of constitutional review, used by a number of states in Europe, we introduced several resolutions that may improve the role, the course and, last but not least, the activity of the Romanian Constitutional Court.

  12. Deliberation versus Bargaining on the U.S. Court of Appeal: Evidence from Sexual Harassment Law

    OpenAIRE

    Farhang, Sean; Gregory J. Wawro

    2010-01-01

    This paper investigates indirect influences of gender diversification on the U.S. Court of Appeals, focusing upon whether and how women influence policy through pathways other than their individual votes. We analyze workplace sexual harassment cases spanning 1977 to 2006. Building upon recent work showing that women influence the votes of male colleagues when serving with them on three-judge panels, we probe the mechanism driving this pattern, and we find that deliberative processes rather th...

  13. The wicked in court: a neuroscientific primer.

    Science.gov (United States)

    Tobeña, Adolf

    2013-09-01

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

  14. Private international Law in Chinese Courts

    Institute of Scientific and Technical Information of China (English)

    HUANG Jin; DU Huanfang

    2006-01-01

    After the entry of China into World Trade Organization,there are problems such as jurisdiction,application of law,and judicial assistance,which need to be resolved step by step in judicial practice on foreign-related civil and commercial matters.As for private and international law problems in the Chinese courts,this paper analyses some general issues,including renovi,inter-temporal conflicts,and proof of foreign laws;reviews jurisdiction problems,for example,common jurisdiction versus special jurisdiction,selective jurisdiction versus presumptive jurisdiction and exclusive jurisdiction;discusses the choice of law problems such as the principle of party autonomy,the principle of the most significant judgment and international commercial arbitral award.

  15. Statistical mechanics of the US Supreme Court

    CERN Document Server

    Lee, Edward D; Bialek, William

    2013-01-01

    We build simple models for the distribution of voting patterns in a group, using the Supreme Court of the United States as an example. The least structured, or maximum entropy, model that is consistent with the observed pairwise correlations among justices' votes is equivalent to an Ising spin glass. While all correlations (perhaps surprisingly) are positive, the effective pairwise interactions in the spin glass model have both signs, recovering some of our intuition that justices on opposite sides of the ideological spectrum should have a negative influence on one another. Despite the competing interactions, a strong tendency toward unanimity emerges from the model, and this agrees quantitatively with the data. The model shows that voting patterns are organized in a relatively simple "energy landscape," correctly predicts the extent to which each justice is correlated with the majority, and gives us a measure of the influence that justices exert on one another. These results suggest that simple models, groun...

  16. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

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

    2015-01-01

    The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law....... The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases...... involving ordre public and morality and scope of protection. The article shows that the biases will affect the law in all the areas discussed and that if unchecked they will reduce some of the “wriggling room” which the current system has provided. To maintain that room a focused effort by the UPC...

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

    DEFF Research Database (Denmark)

    Martinsen, Bodil

    2009-01-01

    and the conflict about her competence was negotiated. Because of this unusual constellation, combined with a multi-method approach, this single case study can shed some light on the question of the participants' ability to monitor the interpreter's performance. Legal professional users of interpreters tend...... to assume that they are able to monitor and thus evaluate the interpreting if the foreign language used in court belongs to the major ones within the Danish educational system, like English or French, contrary to "exotic" migrant languages. This paper highlights the problem that the interpreted proceedings...... are far less transparent for the legal participants than they normally assume. This problem, in turn, stresses the importance of a) the interpreter's competence and self-awareness and b) the use of check interpreters.  ...

  18. Brain death: legal obligations and the courts.

    Science.gov (United States)

    Burkle, Christopher M; Pope, Thaddeus M

    2015-04-01

    Brain death, or death determined by neurologic criteria, has been legally adopted in all U.S. states for decades. Despite its long-established history, a lack of clear understanding has led to disputes requiring a legal forum for resolution. Recently, physicians and hospitals across the country have been impacted by a growing number of disputes about brain death. The authors offer clinicians a historical perspective on the evolution of brain death as a legal cause of death in the United States. They then review the more common legal categories of disputes encountered, including representative court cases for each. This overview provides physicians with a general legal perspective on brain death so they may better appreciate the pertinent issues if and when later confronted.

  19. The Hellenistic Royal Court. Court Culture, Ceremonial and Ideology in Greece, Egypt and the Near East, 336-30 BCE

    NARCIS (Netherlands)

    Strootman, R.

    2007-01-01

    In the Hellenistic empires of Alexander the Great and his successors in Greece, Egypt and the Near East, new forms of court culture and political ideology developed during the last three centuries BCE. Appropriated by Parthian kings and Roman emperors alike, the culture of these Macedonian courts ev

  20. Court applications for withdrawal of artificial nutrition and hydration from patients in a permanent vegetative state: family experiences

    Science.gov (United States)

    Kitzinger, Celia; Kitzinger, Jenny

    2016-01-01

    Withdrawal of artificially delivered nutrition and hydration (ANH) from patients in a permanent vegetative state (PVS) requires judicial approval in England and Wales, even when families and healthcare professionals agree that withdrawal is in the patient's best interests. Part of the rationale underpinning the original recommendation for such court approval was the reassurance of patients’ families, but there has been no research as to whether or not family members are reassured by the requirement for court proceedings or how they experience the process. The research reported here draws on in-depth narrative interviews with 10 family members (from five different families) of PVS patients who have been the subject of court proceedings for ANH-withdrawal. We analyse the empirical evidence to understand how family members perceive and experience the process of applying to the courts for ANH-withdrawal and consider the ethical and practice implications of our findings. Our analysis of family experience supports arguments grounded in economic and legal analysis that court approval should no longer be required. We conclude with some suggestions for how we might develop other more efficient, just and humane mechanisms for reviewing best interests decisions about ANH-withdrawal from these patients. PMID:26486571

  1. Expanding resource theory and feminist-informed theory to explain intimate partner violence perpetration by court-ordered men.

    Science.gov (United States)

    Basile, Kathleen C; Hall, Jeffrey E; Walters, Mikel L

    2013-07-01

    This study tested resource and feminist-informed theories to explain physical, sexual, psychological, and stalking intimate partner violence (IPV) perpetrated by court-mandated men. Data were obtained from 340 men arrested for physical assault of a partner before their court-ordered treatment. Using path analysis, findings provided partial support for each model. Ineffective arguing and substance-use problems were moderators of resources and perpetration. Dominance mediated early exposures and perpetration in the feminist-informed model. In both models, predictors of stalking were different than those for other types of perpetration. Future studies should replicate this research and determine the utility of combining models.

  2. Public Health and Law Collaboration: The Philadelphia Lead Court Study

    Science.gov (United States)

    Gracely, Ed; Pan, Sarah; Cummings, Curtis; Palermo, Peter; Gould, George

    2013-01-01

    Objectives. We determined whether Philadelphia Lead Court is effective in enforcing lead hazard remediation in the homes of children with elevated blood lead levels. Methods. We created a deidentified data set for properties with an initial failed home inspection (IFHI) for lead hazards from January 1, 1998, through December 31, 2008, and compared compliance rates within the first year and time to compliance for lead hazard remediation between 1998 and 2002 (precourt period) and between 2003 and 2008 (court period). We evaluated predictors of time to compliance. Results. Within 1 year of the IFHI, 6.6% of the precourt and 76.8% of the court cases achieved compliance (P < .001) for the 3764 homes with data. Four years after the IFHI, 18% had attained compliance in the precourt period compared with 83.1% for the court period (P < .001). A proportional hazard analysis found that compliance was 8 times more likely in the court than the precourt period (P < .001). Conclusions. Lead court was more effective than precourt enforcement strategies. Most properties were remediated within 1 year of the IFHI, and time to compliance was significantly reduced. This model court could be replicated in other cities with similar enforcement problems. PMID:23678927

  3. Manual for Courts-Martial, United States, 1984. Revision.

    Science.gov (United States)

    1984-01-01

    the case of general courts-martial, the law of war. Discussion -- (a) In generat, Courts-martial have power to, Irv any of courts-martial was...grant immunity. This subsection is based on paragraph 68h of MCM, 1969 (Rev.) and on United States v. Kirsch . 15 U.S.C.M.A. ., -’,,* " 84,35 C.M.R. 56...1964). See also UnitedStates v. Villines, supra. Kirsch recognized codal authority fora convening authority to grant immunity - . .-- .’. (see Articles

  4. Commentary (Pre-Trial Detention in the Extraordinary Chambers in the Courts of Cambodia )

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2015-01-01

    Most international criminal courts and tribunals find provisional detention absolutely necessary to ensure the swift delivery of justice. A decision on pre-trial detention must be in conformity with well-recognized human rights standards, thus respecting the person’s right to a fair trial...... and upholding the presumption of evidence. Although the general assumption in criminal law is that pre-trial detention is the exception and not the rule, a number of factors, such as the gravity of the crimes, as well as heightened flight risk of the accused, appear to have reversed the test employed...... in international criminal courts and tribunals. To date, all provisional detention orders against former members of the inner circle of Pol Pot, except for one, have been re-affirmed on appeal in the ECCC. This commentary appraises the ECCC case law on pre-trial detention from the standpoint of its conformity...

  5. Recognition and understanding of goals and roles: The key internal features of mental health court teams.

    Science.gov (United States)

    Gallagher, Mary; Skubby, David; Bonfine, Natalie; Munetz, Mark R; Teller, Jennifer L S

    2011-01-01

    The increasing involvement of people with mental illness in the criminal justice system has led to the formation of specialty programs such as mental health courts (hereafter MHCs). We discuss MHCs and the teams serving these courts. Specifically, we examine team members' perceptions of MHC goals and their own and others' roles on the MHC team. Using a semi-structured interview instrument, we conducted 59 face-to-face interviews with criminal justice and mental health treatment personnel representing 11 Ohio MHCs. Findings from our qualitative data analyses reveal that MHC personnel understand individuals' roles within the teams, recognize and appreciate the importance of different roles, and share common goals. MHCs could foster this level of understanding and agreement by working to recruit and retain individuals with experience in or willingness to learn about both the criminal justice and mental health systems. Future research should explore the impact of MHC team functioning on client outcomes.

  6. COURT REPORTERS’ UNDERSTANDING ON THE CODE OF ETHICS IN NEWS REPORTING

    Directory of Open Access Journals (Sweden)

    Siti Zobidah OMAR

    2012-06-01

    Full Text Available Journalism, as any professional field, is trusted to be guided by code of ethics (COE. In Malaysia, journalists have their own Canons of Journalism. The aim of this study is to determine the reporters’ understanding on the practice of code of ethics in reporting news. Using a case study approach, the research was conducted at the Kuala Lumpur court complex. Qualitative method was employed to obtain the data. Fifteen court reporters from the English and Malay newspaper’s media organizations were interviewed in-depth to gather data for this study. Finding shows that most of the informants have various understanding over COE in carrying out their reporting work every day. To them, ethics is more to do with principles or guidelines concerning the rights and wrongs of human conduct, and thus, failure to follow the practice of COE in reporting news may have an impact on the reputation of the reporters, media organization and credibility.

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

    Directory of Open Access Journals (Sweden)

    Lydia Anita Miljan

    2014-10-01

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

  8. Your business in court: 2009-2010.

    Science.gov (United States)

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

    2011-01-01

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

  9. Statistical Mechanics of US Supreme Court

    Science.gov (United States)

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

    2014-03-01

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

  10. Statistical Mechanics of the US Supreme Court

    Science.gov (United States)

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

    2015-07-01

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

  11. High court says exposure without consent is a crime.

    Science.gov (United States)

    1998-09-18

    The Canadian Supreme Court held that HIV-positive people can be subjected to criminal prosecution for exposing their sex partners to HIV, if the sex partners did not know that the other was HIV-positive. The partner does not need to become infected to establish the existence of significant risk. Based on this conclusion, the Supreme Court of Canada granted a new trial of [name removed] on two counts of aggravated assault. [Name removed] had originally been acquitted of the charges by a trial court. The Supreme Court also suggested that if the use of a condom is shown to reduce the risk of infection, then a defendant may argue that it is not necessary to disclose a person's HIV status when condoms are used.

  12. the admissibility of subregional courts' decisions before the african ...

    African Journals Online (AJOL)

    AbdiJA

    (III). Art 7 empowers the African Court to apply the provisions of the African Charter .... November 1950 at Rome, entered into force on 3 September 1953. ..... admissibility criteria has been taken as one of the steps to reform the European.

  13. Communicating across cultures in South African law courts: Towards ...

    African Journals Online (AJOL)

    language lives "...in the minds and on the tongues of its users" (Ting-Toomey 1999: 5). ... scripted situations, we must become 'mindful' of our thought processes" (Gudykunst ... differences", often contribute to miscommunication in the courts.

  14. The South African Constitutional Court's Use Of Foreign Precedent ...

    African Journals Online (AJOL)

    MJM Venter

    Empirical Study of the Use of Foreign Precedents by the South African .... empirical survey follows both a quantitative and a qualitative approach by ..... purposes.77 The Court compared some of the approaches in the judgments of the US.

  15. Withdrawal from the International Criminal Court: Does Africa have ...

    African Journals Online (AJOL)

    has published a number of peer-reviewed articles on military law, international law and ... Keywords: ICC, African Union, African Court of Justice and Human. Rights ... Tobago's motion to combat drugs and trafficking through the establishment.

  16. Florida court asked to decide legality of limiting suits.

    Science.gov (United States)

    1996-06-14

    The state Supreme Court of Florida will rule on the legitimacy of a statute that restricts the ability of a plaintiff to sue for damages arising from HIV-contaminated blood transfusion. Under the malpractice law, patients have 4 years from the time of injury to file suit. In most HIV and AIDS cases, however, symptoms do not appear within the 4-year period. The Broward County Circuit Court recently dismissed a contaminated blood transfusion suit based on the expiration of the 4-year statute of repose. The Court of Appeals held the trial judge's application of the law correct, but found the statute uniquely unfair and harsh in HIV/AIDS cases. The State Supreme Court has been asked to rule on the issue.

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

    Science.gov (United States)

    Flanagan, Dennis

    2002-01-01

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

  18. From the Bench -- Juvenile Courts: How and Why They Have Changed.

    Science.gov (United States)

    Van Nuys, Heather; Blitzman, Jay; Hibbler, William; Wakefield, Dana

    2000-01-01

    Offers four judges' perspectives on the various changes in the juvenile court system focusing on the increased violence among juveniles as having the greatest effect on the courts; includes issues such as juveniles being tried in adult courts, the need to improve juvenile courts, and the role of public interest. (CMK)

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

    Science.gov (United States)

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

    2009-01-01

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

  20. Defendants with Intellectual Disabilities and Mental Health Diagnoses: Faring in a Mental Health Court

    Science.gov (United States)

    Burke, M. M.; Griggs, M.; Dykens, E. M.; Hodapp, R. M.

    2012-01-01

    Background: Begun in the late 1990s, mental health courts are specialty criminal courts developed to address the needs of persons with mental illness. Methods: As many persons with intellectual disabilities (IDs) may overlap in the mental health court system, we used mental health court records to examine the phenomenology and outcomes of 224…

  1. Defendants with Intellectual Disabilities and Mental Health Diagnoses: Faring in a Mental Health Court

    Science.gov (United States)

    Burke, M. M.; Griggs, M.; Dykens, E. M.; Hodapp, R. M.

    2012-01-01

    Background: Begun in the late 1990s, mental health courts are specialty criminal courts developed to address the needs of persons with mental illness. Methods: As many persons with intellectual disabilities (IDs) may overlap in the mental health court system, we used mental health court records to examine the phenomenology and outcomes of 224…

  2. Introduction: domestic courts as agents of development of international law

    OpenAIRE

    Tzanakopoulos, A.; Tams, C.J.

    2013-01-01

    This introductory paper to the symposium hosted by the Leiden Journal of International Law, and edited by the authors, deals with the function of domestic courts as agents for the development of international law. The paper ‘sets the scene’ for the contributions to the symposium, which seek to trace the impact of domestic courts in the development of canonical areas of international law, such as jurisdiction, immunity, state responsibility, the law of international organizations/human rights,...

  3. Alcohol Use and HIV Risk among Juvenile Drug Court Offenders

    OpenAIRE

    Tolou-Shams, Marina; Houck, Christopher D.; Nugent, Nicole; Conrad, Selby M.; REYES, AYANARIS; Brown, Larry K.

    2012-01-01

    Juvenile drug courts (JDC) largely focus on marijuana and other drug use interventions. Yet, JDC offenders engage in other high-risk behaviors, such as alcohol use and sexual risk behaviors, which can compromise their health, safety and drug court success. An examination of alcohol use and sexual risk behaviors among 52 male substance abusing young offenders found that over 50% were using alcohol, 37% reported current marijuana use and one-third of all sexual intercourse episodes were unprote...

  4. Older persons' use of the European Court of Human Rights.

    Science.gov (United States)

    Spanier, Benny; Doron, Israel; Milman-Sivan, Faina

    2013-12-01

    One of the most significant human rights tribunals in Europe is the European Court of Human Rights (ECtHR). Up to day, no study has attempted to explore the cases brought before the ECtHR that discuss and rule on issues concerning the rights of older persons. To descriptively analyze the ECtHR cases that deal with older persons and elder rights issues. Quantitative and descriptive analysis of 226 randomly selected publicly-open ECtHR cases dealing with elder-rights between the years 2000-2010. On average, 11.9 % of the ECtHR case load included rulings that concern older persons' rights. In the majority of the cases (91 %, 205 judgments), the ECtHR found a violation of at least one human right concerning older persons. Despite the fact that rights of older persons do not appear as such in the European Convention on Human Rights, older persons do find their way to the ECtHR.

  5. Grounds for the Specialization of Courts and Judges in Russia

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2014-01-01

    Full Text Available This article touches upon the different ways of specialization of courts and judges that exist under the legislation of the Russian Federation. The lack of a unified and circumspect approach is noted. The formation of specialized courts, according to the national legislation, takes the form of their establishing within the existing subsystems of regular and arbitration courts. As for the specialization of judges, it is more diversified and is presented by either creation of separate types of procedure (special proceedings, proceedings on cases arising from public relations and some other, or by introduction of special rules on jurisdiction that establish competence of specific courts to consider cases of a particular category: on the compensation for the excessive time taken to consider a case, on the adoption of a child by a foreign national and others.An analysis of existing literature on the issue in question shows that Russian scholars support the idea of judges’ specialization. Against specialization of courts the following arguments are brought: significant material costs, not being in accordance with the small number of cases decided by specialized courts; problems with access to justice; and the necessity to give special training to narrowly specialized judges.

  6. The Role of Courts in Shaping Health Equity.

    Science.gov (United States)

    Hall, Mark A

    2017-10-01

    United States' courts have played a limited, yet key, role in shaping health equity in three areas of law: racial discrimination, disability discrimination, and constitutional rights. Executive and administrative action has been much more instrumental than judicial decisions in advancing racial equality in health care. Courts have been reluctant to intervene on racial justice because overt discrimination has largely disappeared, and the Supreme Court has interpreted civil rights laws in a fashion that restricts judicial authority to address more subtle or diffused forms of disparate impact. In contrast, courts have been more active in limiting disability discrimination by expanding the conditions that are considered disabling and by articulating and applying the operative concepts "reasonable accommodation" and "other qualified" in the context of both treatment and insurance coverage decisions. Finally, regarding constitutional rights, courts have had limited opportunity to intervene because, outside of specially protected arenas such as reproduction, constitutional law gives government wide discretion to define health and safety goals and methods. Thus, courts have had only a limited role in shaping health equity in the United States. It remains to be seen whether this will change under the Affordable Care Act or whatever health reform measure might replace it. Copyright © 2017 by Duke University Press.

  7. A Critique of Kosovo’s Internationalized Constitutional Court

    Directory of Open Access Journals (Sweden)

    Andrea Lorenzo Capussela

    2014-04-01

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

  8. Supreme Court to hear Florida clinic access case.

    Science.gov (United States)

    1994-04-15

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

  9. The Urgency Of Ijtihad By Judges In Effort Law Invention At The Religion Court In Indonesia

    Directory of Open Access Journals (Sweden)

    Kiljamilawati

    2015-08-01

    Full Text Available The presence of renewals in Islamic law resulting in the emergence of various changes in the social order of Muslims either in relation to ideology political social cultural and so on. It later brings new challenges that must be answered and therefore ijtihad must be continuously made to find a solution to the various problems of new law which is required by Muslims. The type of research is a normative-juridical and empirical research. Normative research is trying to examine the problem of law invention by the judge in the Religion Courts with a case approach. Ijtihad has a very urgent role in efforts to carry out duties as law enforcer and justice by digging follow and understand the legal values that live and develop in the peoples and accommodate the developments of Islamic law. The method of ijtihad by judges in the Religion Court use maqashid al-sharia and maslahah and istihsan method. At the practical level so characteristic inherent in the religion courts persists then should any verdict must include argument of Islamic law sources.

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

    Directory of Open Access Journals (Sweden)

    Ana Alba Betancourt

    2016-04-01

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

  11. Administrative "health courts" for medical injury claims: the federal constitutional issues.

    Science.gov (United States)

    Elliott, E Donald; Narayan, Sanjay A; Nasmith, Moneen S

    2008-08-01

    Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical injuries. Specifically, this article examines the federal constitutional issues raised by various proposals to replace traditional medical malpractice litigation in state courts with a federal system of administrative "health courts." In doing so, we address the following constitutional issues: 1. Is there federal authority to preempt state law (the commerce clause and spending clause issues)? 2. May jurisdiction be created in non-article 3 tribunals, and may claims be decided without trial by jury (the separation of powers and Seventh Amendment issues)? 3. Would pilot programs that require some claims to be pursued in a federal administrative forum while other claimants are left to pursue traditional state tort law remedies be constitutional (the equal protection issue)? The article concludes that a federal compensation system through administrative health courts should be constitutional provided the statute is appropriately drafted and that appropriate factual findings are made concerning the benefits to patients and the public as well as to doctors and their insurers.

  12. Maltreated Children’s Understanding of and Emotional Reactions to Dependency Court Involvement

    Science.gov (United States)

    Quas, Jodi A.; Wallin, Allison R.; Horwitz, Briana; Davis, Elizabeth; Lyon, Thomas D.

    2010-01-01

    Little is known about the extent to which maltreated children understand what is happening during their participation in court proceedings, despite large numbers of children coming into contact with the legal system as victims of maltreatment. In the present study, maltreated 4- to 15- year-olds were interviewed about their understanding of dependency court on the day of their scheduled court visit. Their feelings about attending their hearings were also assessed, and after their hearing, their understanding of the decisions was examined. Age-related improvements in children’s understanding emerged. Also, children who were more knowledgeable about the legal system were less distressed about attending their hearings, as were younger children who had been in the system a longer time. Finally, a majority of children lacked full or accurate understanding of what actually happened during their hearings. Findings have implications for children’s participation in legal proceedings and the development of interventions to facilitate children’s legal understanding. PMID:19156680

  13. HIV prevention for juvenile drug court offenders: a randomized controlled trial focusing on affect management.

    Science.gov (United States)

    Tolou-Shams, Marina; Houck, Christopher; Conrad, Selby M; Tarantino, Nicholas; Stein, L A R; Brown, Larry K

    2011-07-01

    Juvenile drug court (JDC) offenders have benefited from evidence-based interventions addressing antisocial behavior, mental health, and substance use; however, interventions addressing HIV risk behavior are lacking. This study presents pilot findings and lessons learned from a group-based HIV prevention intervention delivered to JDC offenders. Participants were randomized to a five-session HIV prevention (n = 29) or health promotion (n = 28) condition and completed measures of sexual risk taking and substance use at baseline and 3 months postintervention. No between-group differences by time emerged on measures of sexual risk taking or other HIV-related behaviors and attitudes. Both groups improved their rates of HIV testing and decreased their substance use during sex over time. Delivering an HIV prevention intervention to drug court offenders is feasible; however, more intensive interventions that incorporate multiple systems and address co-occurring mental health difficulties may be needed to effect sexual behavioral change among these high-risk court-involved youth.

  14. An audit of competency assessments on court-referred rape survivors in South Africa.

    Science.gov (United States)

    Pillay, Anthony L

    2008-12-01

    This report concerns rape survivors with mental retardation referred by the courts for evaluation of their competencies to (i) provide testimony in court and (ii) consent to sexual intercourse. Being a relatively new area of work in South Africa, it seems important to document findings to (i) examine the challenges facing such rape survivors, (ii) inform quality improvement in this forensic mental health task, and (iii) inform and support advocacy programmes for this vulnerable group. Of 106 rape survivors referred by courts over a 3-yr. period, 91.5% were females, 21.7% were under 16 years of age, and over two-thirds were from rural communities. In 77.4% of the cases the alleged perpetrators were people they had previously seen in the community but had not befriended. Almost 80% were classified as showing Moderate or Severe Mental Retardation, and over 90% were able to testify. However, almost two-thirds were not able to make an informed decision to consent to sexual intercourse.

  15. Hydrology and Ecology Go to Court

    Science.gov (United States)

    Wise, W. R.; Crisman, T. L.

    2009-04-01

    The authors were involved in a high profile case in the United States District Court involving Lake Okeechobee and the Everglades Agricultural Area in the State of Florida. One of the central issues of the case rested on a theory that all navigable waters of the United States comprised one "unitary" water body, and as such, transfer of water from one navigable water to another did not require any permitting action. Should this theory have prevailed, great precedent would be set regarding inter-basin transfer of volumes of water capable of significantly impact to the ecologic structure and function of all involved basins. Furthermore, the impact would certainly have had demographic implications of great significance. We were asked to serve as an expert witnesses in the case charged with developing a strategy to demonstrate that three large irrigation canals were "meaningfully hydrologically distinct" (language from the U.S. Supreme Court opinion on a related case) from Lake Okeechobee, the second largest freshwater lake wholly in the continental U.S. Although a totally hydrologic approach could have been taken easily, it was thought better for the legal team to include an aquatic ecologic perspective, a true example of the linkage of the two disciplines into ecohydrology. Together, an argument was crafted to explain to the judge how, in fact, the waters could in no way be "unitary" in character and that they were "meaningfully hydrologically distinct." The fundamentals of the arguments rested on well known and established principles of physics, chemistry, and biology. It was incumbent upon the authors to educate the judge on how to think about hydrologic and ecologic principles. Issues of interest to the judge included a forensic assessment of the hydrologic and ecologic regime of the lake and the original Everglades system when the State of Florida first joined the U.S. While there are anecdotal archives that describe some elements of the system, there are few

  16. Assisted suicide and assisted voluntary euthanasia: Stransham-Ford High Court case overruled by the Appeal Court – but the door is left open

    National Research Council Canada - National Science Library

    David J McQuoid-Mason

    2017-01-01

    Whether persons wishing to have doctor-assisted suicide or voluntary active euthanasia may make a court application based on their rights in the Constitution has not been answered by the Appeal Court...

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

    Science.gov (United States)

    Haertig, A; Haillot, O; Chopin, G

    1989-01-01

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

  18. 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.

  19. Court Reconstruction for Camera Calibration in Broadcast Basketball Videos.

    Science.gov (United States)

    Wen, Pei-Chih; Cheng, Wei-Chih; Wang, Yu-Shuen; Chu, Hung-Kuo; Tang, Nick C; Liao, Hong-Yuan Mark

    2016-05-01

    We introduce a technique of calibrating camera motions in basketball videos. Our method particularly transforms player positions to standard basketball court coordinates and enables applications such as tactical analysis and semantic basketball video retrieval. To achieve a robust calibration, we reconstruct the panoramic basketball court from a video, followed by warping the panoramic court to a standard one. As opposed to previous approaches, which individually detect the court lines and corners of each video frame, our technique considers all video frames simultaneously to achieve calibration; hence, it is robust to illumination changes and player occlusions. To demonstrate the feasibility of our technique, we present a stroke-based system that allows users to retrieve basketball videos. Our system tracks player trajectories from broadcast basketball videos. It then rectifies the trajectories to a standard basketball court by using our camera calibration method. Consequently, users can apply stroke queries to indicate how the players move in gameplay during retrieval. The main advantage of this interface is an explicit query of basketball videos so that unwanted outcomes can be prevented. We show the results in Figs. 1, 7, 9, 10 and our accompanying video to exhibit the feasibility of our technique.

  20. Lac Courte Oreilles Energy Analysis Project

    Energy Technology Data Exchange (ETDEWEB)

    Leslie Isham; Denise Johnson

    2009-04-01

    The Lac Courte Oreilles Tribe applied for first step funding in 2007 and was awarded in October of that year. We wanted to perform an audit to begin fulfilling two commitments we made to our membership and resolutions that we adopted. One was the Kyoto Protocol and reduce our carbon emissions by 25% and to produce 25% of our energy by sustainable means. To complete these goals we needed to begin with first assessing what our carbon emissions are and begin taking the steps to conserve on the energy we currently use. The First Step Grant gave us the opportunity to do this. Upon funding the Energy Project was formed under the umbrella of the LCO Public Works Department and Denise Johnson was hired as the coordinator. She quickly began fulfilling the objectives of the project. Denise began by contact the LCO College and hiring interns who were able to go to each Tribal entity and perform line logging to read and document the energy used for each electrical appliance. Data was also gathered for one full year from each entity for all their utility bills (gasoline, electric, natural gas, fuel oil, etc.). Relationships were formed with the Green Team and other Green Committees in the area that could assist us in this undertaking. The Energy Task Force was of great assistance as well recommending other committees and guidance to completing our project. The data was gathered, compiled and placed into spreadsheets that would be understandable for anyone who didn't have a background in Renewable Resources. While gathering the data Denise was also looking for ways to conserve energy usage, policies changes to implement and any possible viable renewable energy resources. Changes in the social behaviors of our members and employees will require further education by workshops, energy fairs, etc.. This will be looked into and done in coordination with our schools. The renewable resources seem most feasible are wind resources as well as Bio Mass both of which need further

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

    Directory of Open Access Journals (Sweden)

    L.H. Gummi

    2010-04-01

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

  2. An Analysis of the Constitutional Court Ruling on the Annulment of the Provisions on Coastal Water Concessions (HP-3

    Directory of Open Access Journals (Sweden)

    M. Riza Damanik

    2013-05-01

    Full Text Available After the annulment of the Coastal Water Concessions (HP-3 in 16 June 2011, traditional fisher folk organization leaders found a great fighting spirit to further follow-up the Constitutional Court Ruling to support their daily lives. For those who are being “evicted” from their living space (the coastal waters, they want to reclaim their rights through constitutional ways. Likewise, those who (feel to have lost their existence as Indonesian traditional fisher folk are impatient to find out whether there is a breakthrough in the Constitutional Court Ruling that can restore the fisher folk’s family way of life. The ruling itself was complex and not easy to understand: 169 pages, with complex writing systematic and typical legal language. For this reason, the analysis of the Constitutional Court Ruling regarding the Judicial Review on Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands was necessary in order to provide a simpler representation of the Constitutional Court Ruling, and one that is expected to trigger a constructive discussion to implement the favorable parts of the decree for the greatest welfare of the people.

  3. Satellites, Plasmas and Law: The Role of TeleCourt in Changing Conceptions of Justice and Authority in Ethiopia

    Directory of Open Access Journals (Sweden)

    Zenebe Beyene

    2015-05-01

    Full Text Available An ambitious experiment in the ICT and justice sector is underway in Ethiopia. As part of an effort to improve service delivery and the responsiveness of the state, the Ethiopian government has created 'TeleCourt,' a system that allows trials to take place between remote areas and regional or federal courts through videoconferencing and a satellite Internet connection. This article is the first to analyze how TeleCourt operates, with a particular focus on the perspectives of end-users, those who have had first-hand experience of how 'justice at a distance' actually works. The findings suggest general satisfaction with the savings - both in terms of financial burden and time costs that are often incurred when travelling to trials - which TeleCourt allows. As the system improves ways to provide justice to the grassroots, in line with the government's commitment towards peasants, this must also be considered in the context of the Ethiopian government's growing efforts to use law to curb political dissent. This is indicative of a broader tendency of selectively adopting and reshaping ICTs and extending them to the poorest people in Ethiopia in order to support the functioning of the state, while other uses of ICTs that are seen as potentially destabilizing are discouraged or forbidden.

  4. Auditing a court assessment and advice service for defendants with mental health difficulties: utilizing electronic patient records.

    Science.gov (United States)

    Gough, Karen; Magness, Laura; Winstanley, Julia

    2012-07-01

    This study is an audit of the Somerset Court Advice and Assessment Service (CAAS) throughout its first year of implementation. It reports that the service successfully met the six desired objectives as set out in its Service Level Agreement. Further to this, it reports that the use of National Health Service electronic patient records within a court setting facilitated the provision of apposite and timely information to the court. Specific findings were that deliberate self-harm/suicidal ideation and mood disorders were the primary reasons for a person requiring CAAS involvement. Violence against the person, breach of orders and theft were the most prevalent categories of offending within this referred group. The prevalence of previous psychiatric history was significantly higher than found in comparable audits. It is likely that this is due to the efficacy of proactive and in vivo utilization of electronic patient records. Conclusions include the need to work in partnership with drug and alcohol agencies and the importance of recognizing that these services have significant clinical benefits for defendants with mental health problems, and the court system in terms of financial savings. We suggest ongoing audit is necessary to guide the development of other schemes in this pioneering service area.

  5. The ergonomics of wheelchair configuration for optimal performance in the wheelchair court sports.

    Science.gov (United States)

    Mason, Barry S; van der Woude, Lucas H V; Goosey-Tolfrey, Victoria L

    2013-01-01

    number of studies have explored the effects of wheelchair configuration in either able-bodied populations or in daily life or racing wheelchairs. As such, the findings are not specific and transferable to athletes competing in the wheelchair court sports. This review presents evidence about the effects of wheelchair configuration on aspects of mobility performance specific to the wheelchair court sports to better inform athletes, coaches and manufacturers about the consequences of their selections. It also provides researchers with guidance on the design of future investigations into areas of wheelchair configuration, which are essential.

  6. Can neurological evidence help courts assess criminal responsibility? Lessons from law and neuroscience.

    Science.gov (United States)

    Aharoni, Eyal; Funk, Chadd; Sinnott-Armstrong, Walter; Gazzaniga, Michael

    2008-03-01

    Can neurological evidence help courts assess criminal responsibility? To answer this question, we must first specify legal criteria for criminal responsibility and then ask how neurological findings can be used to determine whether particular defendants meet those criteria. Cognitive neuroscience may speak to at least two familiar conditions of criminal responsibility: intention and sanity. Functional neuroimaging studies in motor planning, awareness of actions, agency, social contract reasoning, and theory of mind, among others, have recently targeted a small assortment of brain networks thought to be instrumental in such determinations. Advances in each of these areas bring specificity to the problems underlying the application of neuroscience to criminal law.

  7. THE REFERRAL BACK TO COURT IN CASE OF EXTRADITION

    Directory of Open Access Journals (Sweden)

    SIMONA TACHE

    2012-05-01

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

  8. California court to rule on insurer's denial of AIDS benefits.

    Science.gov (United States)

    1999-04-16

    California Insurance Commissioner Chuck Quakenbush is asking the California Supreme Court to overturn a lower court ruling that bars policyholders from receiving disability payments because of AIDS. The State Court of Appeals ruled that Paul Revere Life Insurance Co. could deny coverage to [name removed] because his HIV infection amounted to a pre-existing condition. [Name removed] applied for the policy in 1988. He paid premiums for 5 years, longer than the 2 years the company had to confirm his medical condition. When he became unable to work because of AIDS, he applied for disability. The Commissioner says the intent behind the incontestability clause is to protect consumers from having claims denied after 2 years because of pre-existing conditions. One of [name removed]'s lawyers noted that the company's practice of offering insurance without any medical qualifications is not in line with industry standards. No date has been scheduled for oral arguments in the case.

  9. Courts and open spaces in the Late Helladic III Argolid

    DEFF Research Database (Denmark)

    Siennicka, Malgorzata

    2015-01-01

    and significance of courts and other open spaces in the Mycenaean settlements in the Argolid during the Palatial and Post-Palatial periods (c. 15th–11th centuries BC). Various categories of areas, like courts, open spaces and open-air areas are discussed, with an emphasis on their functions and status. Courts......While space remains a neglected subject in research on Mycenaean settlements, archaeological and ethnographical studies devoted to social meaning of places and areas used by the inhabitants of the prehistoric and other communities increase in number. This paper aims to review the use...... and open spaces are considered as reflecting patterns of spatial organization in the settlements and of the diverse activities of their residents. The differences between the use of open areas in the acropoleis and in the lower towns are pointed out, as well as changes in the use patterns after the fall...

  10. Data logger device applicability for wheelchair tennis court movement.

    Science.gov (United States)

    Sindall, Paul; Lenton, John; Cooper, Rory; Tolfrey, Keith; Goosey-Tolfrey, Vicky

    2015-01-01

    Assessment of movement logging devices is required to ensure suitability for the determination of court-movement variables during competitive sports performance and allow for practical recommendations to be made. Hence, the purpose was to examine wheelchair tennis speed profiles to assess data logger device applicability for court-movement quantification, with match play stratified by rank (HIGH, LOW), sex (male, female) and format (singles, doubles). Thirty-one wheelchair tennis players were monitored during competitive match play. Mixed sampling was employed (male = 23, female = 8). Friedman's test with Wilcoxon signed-rank post hoc testing revealed a higher percentage of time below 2.5 m · s(-1) [tennis match play are consistent with data logger accuracy. Hence, data logging is appropriate for court-movement quantification.

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

    CERN Document Server

    2013-01-01

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

  12. The Impact of an Indiana (United States Drug Court on Criminal Recidivism

    Directory of Open Access Journals (Sweden)

    John R. Gallagher

    2014-07-01

    Full Text Available This study evaluated a drug court located in a metropolitan area of Indiana (United States, focusing specifically on identifying variables that predicted recidivism among drug court participants and comparing criminal recidivism patterns among drug court and probation participants. Drug court participants were most likely to recidivate if they were younger, had a violation within the first 30 days of the program, had a previous criminal record, and were terminated unsuccessfully from the program. Furthermore, drug court participants were less likely to recidivate than probationers who had similar offense and demographic characteristics. Implications for drug court practice, policy advocacy, and future research are discussed.

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

    Directory of Open Access Journals (Sweden)

    MIRCEA DAMASCHIN

    2011-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2011-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Peter H. Solomon

    2008-10-01

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

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

    Science.gov (United States)

    Marsh, F H

    1997-01-01

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

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

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

    Victim participation is one of the most innovative aspects introduced in the legal framework of the International Criminal Court (hereinafter – ICC), which has not featured in the practices of other international criminal courts and tribunals. The approach of the ad hoc tribunals to victims...... was very ‘consumer like’ because victims were solely used as witnesses to testify about the crimes attributed to the accused, but they were not granted broad participatory rights in the proceedings. The drafters of the Rome Statute acknowledged wide-ranging interests of victims who, apart from seeking...

  18. The Virtual Court Action: procedural facilitation in law

    Directory of Open Access Journals (Sweden)

    Karen Barton

    1998-12-01

    Full Text Available When they learn procedural law, students need to understand and memorize the forms of legal court action which can be carried out by parties to a case. A large proportion of this body of law is descriptive and factual, but complex too; and the constraints of academic curricula do not allow students to learn procedural law in the real environment of the court. As a result, even with the inclusion of case law, and with examples to contextualize the procedural principles, the subject can be perceived as an exercise in knowledge acquisition alone (Vaughn, 1995.

  19. A Social Worker’s Role in Drug Court

    Directory of Open Access Journals (Sweden)

    Melinda R. Roberts

    2014-05-01

    Full Text Available Drug Courts offer alternative sentencing for individuals with drug-related criminal charges, and although there is no mandate requiring a social worker to be a member of the team, this case study concludes that social workers have a unique purpose on the professional team resulting from their generalist and specialist knowledge and skills. The use of this knowledge and skill is illustrated in this descriptive account of the role of a social worker in a midwestern county in the United States. The implication of this case study suggests social workers should be included on drug court teams.

  20. Civilians in Russian Military Courts, 1881-1904

    Directory of Open Access Journals (Sweden)

    William C. Fuller

    2008-07-01

    Full Text Available This article was previously published in the Russian Review, Vol. 41, No. 3. (Jul., 1982, pp. 288-305. It is reprinted in our journal with the Blackwell Publishing’s authorization.Clemenceau is supposed to have remarked once that "military justice is to justice as military music is to music." This salty analogy encapsulates the popular conception of military courts in Europe at the turn of the century. In the public mind the courts were presumed to be arbitrary tribunals in which due process...

  1. Access to Justice in Environmental Cases after the Rulings of the Court of Justice of 13 January 2015: Kafka Revisited?

    Directory of Open Access Journals (Sweden)

    Hendrik Schoukens

    2015-08-01

    Full Text Available By ratifying the Aarhus Convention in 2005 the EU committed itself to guaranteeing broad access to justice in environmental matters both at the national and the EU level. Yet, in spite of the clear-cut obligations incumbent upon the EU, EU courts have consistently rebuked pleas for a softening of the standing requirements in the context of direct actions against EU acts that might have an impact on the environment and/or public health. In addition, the internal review procedure set out by the 2006 Aarhus Regulation has been interpreted so restrictively by the EU institutions that that its added value in the stride toward better access to courts in environmental matters remains ephemeral at best. This led the General Court to finding that the Aarhus Regulation, by excluding general EU acts from the scope of internal review, was in breach of Article 9(3 of the Aarhus Convention. In its recent rulings of 13 January 2015, however, the Court of Justice of the EU (CJEU overruled the General Court by holding that the Aarhus Regulation could not be reviewed in light of the Aarhus Convention. With its refusal to use Article 9(3 of the Aarhus Convention as a reference criterion for the purpose of reviewing the EU’s compliance with the Aarhus Convention’s obligations, the CJEU avoided tackling the unsatisfactory level of judicial protection in environmental cases at the EU level. This paper argues that the rulings of the CJEU are to be qualified as a significant step backwards for judicial protection in environmental matters at the EU level. It is established that, instead of addressing the current failings of the EU with respect to access to justice in environmental cases, the CJEU’s hands-off approach paves the way for yet another decade of non-compliance by the EU in the realm of access to justice in environmental cases.

  2. Applying the Capital Jury Project Findings to Court-Martial Practice

    Science.gov (United States)

    2010-06-11

    Garvey, Lessons From the Capital Jury Project, 162; Stephen P. Garvey, “The Emotional Economy of Capital Sentencing,” New York University Law Review 75...jurors regard that as showing no remorse.37 Jurors expect the defendant to show emotion (as in, cry) at the emotionally tense portions of the trial...bully. The bully may resort to sarcasm , belligerence, name calling, and demeaning comments.86 The bully may believe that his role is to serve as the

  3. Text of High Court's Ruling on Judges' Right to Upset Academic Decisions.

    Science.gov (United States)

    Stevens, John Paul

    1985-01-01

    The Supreme Court's opinion and concurring opinion in a case limiting the right of courts to overturn academic decisions, based on the case of university's dismissal of a student after his failure of an important examination, are presented. (MSE)

  4. The Impact of the New York Court Review of Children in Foster Care: A Followup Report

    Science.gov (United States)

    Festinger, Trudy Bradley

    1976-01-01

    Examines the data on children studied in a 1974 investigation. Proposes that court review speed movement of children out of foster care, and suggests steps necessary for both court and agencies to make the procedures more effective. (Author/SB)

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

    Science.gov (United States)

    2010-01-01

    ... PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Terminology Used in Court Orders Affecting Employee Annuities or Refunds of Employee Contributions... has considered the requirements and standard terminology provided in part 838 of Title 5, Code...

  6. The Royal Courts of Equity in England in the 16-17 centuries.

    Directory of Open Access Journals (Sweden)

    Ilya Strizhakov

    2017-01-01

    Full Text Available УДК 340.15The subject of research are the courts of England in 16-17 centuries.The purpose of article is to answer the question which courts must be included to a number of "courts of equity".Methodology. Historical analysis of the scientific literature, of the English legislation and judicial practice of the 16-17 centuries.Results. The priority for the Court of Star Chamber was to protect the interests of Royal power and not the rights of people. Moreover, this court did not seek to bridge the gaps of common law. In this regard, his reference to the number of “courts of equity” is incorrect.Star Chamber had a close relationship with the Privy Council. There were no clear boundaries between them during the XVI century. The Star Chamber was the emergency Committee of the Privy CouncilThe purpose of the Court of Requests was to ease social tensions, to create the impression of caring filed emanating from the monarch and the nobility.Despite the fact that the Court of the Requests was conceived as "a court for poor people", it became popular wealthy people under the rule Henry VIII.The Court of High Commission was a court focused on the strengthening of Royal power. In its activities it has been focused on improving the rights of the Kingdom.The Court of Exchequer provided judicial protection for some types of transactions that are not recognized by the common law. In this it is similar to the Chancery Court. Initially, the Court of the Exchequer has been focused on protecting the interests of the crown. Therefore, the function to eliminate the gaps of the common law could not be implemented in full.The Chancery Court, unlike the special courts were required to consider complaints coming from citizens about the inability to get a fair trial.Conclusions. The criteria for judicial institutions to be considered as “courts of equity” are: the purpose of the establishment of the court was to fill gaps in the common law; interference with the

  7. Court Culture during the Reign of Christian IV

    DEFF Research Database (Denmark)

    Olden-Jørgensen, Sebastian

    2007-01-01

    coronation in 1596, reaching a climax with the "great wedding" (of crown prince Christian) in 1634 and at last colapsing during the military and political crisis in the last years of his long reign (1588/96-1648). Danish court culture during the reign of Christian IV decidedly was on an European level...

  8. Natural Law, Santa Clara, and the Supreme Court.

    Science.gov (United States)

    Rodgers, Raymond S.; Lujan, Phillip

    The court case, "Santa Clara Pueblo, et al. v. Julia Martinez, et al.," is the subject of this paper. It gives the background of the case of a woman whose children were refused admittance to tribal rolls because of an ordinance prohibiting the enrollment of children whose father is not a tribal member. The paper gives the arguments of…

  9. Will the International Criminal Court Investigate Mexico's "Drug War"?

    OpenAIRE

    Pérez Caballero, Jesús

    2014-01-01

    The violence of Mexico's so-called "war on drugs" has caught the attention of the international community, with calls for the International Criminal Court (ICC) to turn its attention to the country. If they're successful, high-level government officials - or even leaders of drug trafficking organizations - may be prosecuted in the Hague. But it's a difficult road ahead.

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

    Science.gov (United States)

    Zirkel, Perry A.

    2016-01-01

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

  11. Ambient Response Analysis of the Heritage Court Tower Building Structure

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, P.

    2000-01-01

    In this paper an ambient response analysis of the Heritage Court Building structure is presented. The work is a part of a blind test organised by Professor Carlos Ventura, University of British Columbia. The response data were analysed using two different techniques: a non-parametric based on Fre...

  12. Supreme Court Upholds Cal. Law Requiring Maternity Leaves.

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

    A recent United State Supreme Court ruling upheld a California law requiring employers to grant female employees up to four months of unpaid maternity leave and make reasonable efforts to reinstate them when they return to work. The decision and its implications are discussed. (MSE)

  13. Challenging Sex Discrimination Through the Courts: Maternity Leave Policies.

    Science.gov (United States)

    Pottker, Janice

    This study attempted to determine the extent to which school districts had brought their maternity leave policies into compliance with the latest Supreme Court ruling. The study also analyzed the maternity leave requirements of the Equal Employment Opportunities Commission (EEOC), and sought to determine which variables were associated with…

  14. Predicting Drug Court Treatment Completion Using the MMPI-2-RF

    Science.gov (United States)

    Mattson, Curtis; Powers, Bradley; Halfaker, Dale; Akeson, Steven; Ben-Porath, Yossef

    2012-01-01

    We examined the ability of the Minnesota Multiphasic Personality Inventory-2 Restructured Form (MMPI-2-RF; Ben-Porath & Tellegen, 2008) substantive scales to predict Drug Court treatment completion in a sample of individuals identified as being at risk for failure to complete the program. Higher scores on MMPI-2-RF scales…

  15. Supreme Court Actions Push a Wrenching Controversy Straight at You.

    Science.gov (United States)

    Harrington-Lueker, Donna

    1989-01-01

    The Supreme Court's past and expected future rulings on abortion cases will add controversy and costs to schools. Estimates the costs of teenage pregnancy; reviews the legal history of abortion; and offers guidelines on how schools can help reduce teenage pregnancy. (MLF)

  16. Creativity in Court-Connected Mediation: Myth or Reality?

    DEFF Research Database (Denmark)

    Adrian, Lin; Mykland, Solfrid

    2014-01-01

    In this study, we examined creativity in court-connected mediation. We analyzed 129 mediated agreements from civil cases in Norway and Denmark and compared the outcomes with the parties' original claims to determine whether the agreement addressed only the disputants' demands or contained other...

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

    Science.gov (United States)

    Bates, Homer L.; Waldrup, Bobby E.

    2010-01-01

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

  18. Wind-induced Vibrations in the European Court Towers

    DEFF Research Database (Denmark)

    Hansen, Jannick B.; Brincker, Rune; Andersen, Ken G.

    2012-01-01

    Issues regarding occupancy comfort in vibration-sensitive structures are the motivation of this study concerning windinduced vibrations in the European Court Towers in Luxembourg. In one of the two identical towers tuned liquid dampers (TLD) have been installed. Recent studies investigate the cha...

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

    Science.gov (United States)

    Zirkel, Perry A.

    2013-01-01

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

  20. 8 CFR 1003.11 - Administrative control Immigration Courts.

    Science.gov (United States)

    2010-01-01

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

  1. Always "Outsiders": Asians, Naturalization, and the Supreme Court.

    Science.gov (United States)

    Lesser, Jeff H.

    1986-01-01

    Focuses on Supreme Court naturalization rulings in relation to Asian immigrants. Asserts that an ethos of racial exclusion set the stage for internment of Japanese Americans in World War II and continues to discriminate against Asian immigrants in the United States today. (GC)

  2. Nosocomial infection and civil liability in Brazilian courts

    Directory of Open Access Journals (Sweden)

    CARVALHO DA SILVA, José Marcio

    2015-07-01

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

  3. legal pluralism, sharia courts, and constitutional issues in ethiopia

    African Journals Online (AJOL)

    eliasn

    analysis of the relevant provisions of the law and literature, it is argued that ... light on the exercise of their jurisdiction and on their relationship with courts of .... Ethiopia, and it had a significant influence in the political and legal traditions of ...... a reaction of identity group's active resistance to external forces of change and.

  4. The Moderating Influence of International Courts on Social Movements

    Science.gov (United States)

    Sieder, Rachel

    2017-01-01

    Abstract Feminists and religious conservatives across the globe have increasingly turned to courts in their battles over abortion. Yet while a significant literature analyzes legal mobilization on abortion issues, it tends to focus predominantly on domestic scenarios. In this article, we consider the effects of this contentious engagement of pro-choice and anti-abortion movements in international human rights fora, asking what happens to social movement claims when they reach international human rights courts. We answer the question through a detailed description of a single case, Gretel Artavia Murillo et al. v. Costa Rica, decided by the Inter-American Court of Human Rights in 2012 but with ongoing repercussions for abortion rights, given its authoritative interpretation of embryonic right to life. Through our analysis of Artavia Murillo, we show how legal mobilization before international human rights courts moderates social movement claims within the legal arena, as rivals respond to one another and argue within the frame of courts’ norms and language. PMID:28630548

  5. The Effects of Computerized Information Systems on Juvenile Courts

    Science.gov (United States)

    Albrecht, Gary L.

    1976-01-01

    Organizational theorists alternatively hypothesized that computerized information systems (CIS) will produce no necessary changes, centralization, or decentralization in juvenile courts. This hypothesis is supported by the results of a four year study on the phenomenon. Suggestions are offered for improving the juvenile judicial system through…

  6. 77 FR 64853 - Manual for Courts-Martial; Proposed Amendments

    Science.gov (United States)

    2012-10-23

    ... From the Federal Register Online via the Government Publishing Office ] Vol. 77 Tuesday, No. 205 October 23, 2012 Part II Defense Department Manual for Courts-Martial; Proposed Amendments; Notice #0;#0... piracy of an aircraft or vessel; or while the accused was engaged in the commission or...

  7. Russia: district court upholds legal ban on opioid substitution treatment.

    Science.gov (United States)

    Golichenko

    2011-10-01

    On 27 May 2011, the Leninsky district court of Kaliningrad Region upheld the refusal of the Ministry of Health of Kaliningrad Region to ensure access to opioid substitution therapy (OST) as an effective treatment for opioid dependence and an effective intervention for HIV prevention among people who inject drugs.

  8. Definition of Intellectual Disability in Criminal Court Cases

    Science.gov (United States)

    Olley, J. Gregory

    2013-01-01

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

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

    Science.gov (United States)

    Hale, F. Dennis

    1978-01-01

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

  10. You and the Courts: A Newcomer's Guide. 6.

    Science.gov (United States)

    Michael, Jean

    A bilingual pamphlet containing practical law-related information for recent Russian Jewish immigrants to New York City, this document addresses the court system. Following a brief description of the Newcomer series, 9 questions are listed, each followed by an answer. Questions asked include the difference between criminal and civil law; how the…

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

    Science.gov (United States)

    1995-06-16

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

  12. Higher Regional Court vs. clearinghouse; OLG gegen Clearingstelle

    Energy Technology Data Exchange (ETDEWEB)

    Herrmann, Michael; Gottwald, Thorsten [Luther Nierer Rechtsanwaelte Partnerschaft, Berlin (Germany)

    2010-12-15

    What exactly is a biogas plant? Should several small-scale plants located in a single site be counted as one? A recent ruling of the Higher Regional Court of the German state of Brandenburg reflected this opinion, but only resulted in still greater uncertainty of definitions. (orig.)

  13. Wind-induced Vibrations in the European Court Towers

    DEFF Research Database (Denmark)

    Hansen, Jannick B.; Brincker, Rune; Andersen, Ken G.

    2012-01-01

    Issues regarding occupancy comfort in vibration-sensitive structures are the motivation of this study concerning windinduced vibrations in the European Court Towers in Luxembourg. In one of the two identical towers tuned liquid dampers (TLD) have been installed. Recent studies investigate the cha...

  14. 32 CFR 700.1101 - Demand for court-martial.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Demand for court-martial. 700.1101 Section 700.1101 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS UNITED STATES NAVY REGULATIONS AND OFFICIAL RECORDS General Regulations Standards of Conduct § 700.1101 Demand for...

  15. Adaptive Interventions in Drug Court: A Pilot Experiment.

    Science.gov (United States)

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

    2008-01-01

    This pilot study (N = 30) experimentally examined the effects of an adaptive intervention in an adult misdemeanor drug court. The adaptive algorithm adjusted the frequency of judicial status hearings and clinical case-management sessions according to pre-specified criteria in response to participants' ongoing performance in the program. Results revealed the adaptive algorithm was acceptable to both clients and staff, feasible to implement with greater than 85% fidelity, and showed promise for eliciting clinically meaningful improvements in drug abstinence and graduation rates. Estimated effect sizes ranged from 0.40 to 0.60 across various dependent measures. Compared to drug court as-usual, participants in the adaptive condition were more likely to receive responses from the drug court team for inadequate performance in the program and received those responses after a substantially shorter period of time. This suggests the adaptive algorithm may have more readily focused the drug court team's attention on poorly-performing individuals, thus allowing the team to "nip problems in the bud" before they developed too fully. These preliminary data justify additional research evaluating the effects of the adaptive algorithm in a fully powered experimental trial.

  16. An Appreciative Inquiry into an Urban Drug Court: Cultural Transformation

    Science.gov (United States)

    Calabrese, Raymond; Cohen, Erik

    2013-01-01

    The purpose of this study was to use an appreciative inquiry (AI) theoretical research perspective and change methodology to transform the working relationships and cultural expectations of members through the discovery of their positive core leading to an optimistic and confidence-based future for an urban drug court. This study describes how…

  17. 5 CFR 1604.9 - Court orders and legal processes.

    Science.gov (United States)

    2010-01-01

    ... described at 5 CFR part 1653, with the following exceptions: (a) Separate accounts. To qualify for... made pro rata from all sources. (c) Trustee-to-trustee transfers. The current or former spouse of a TSP... request the TSP to transfer the court-ordered payment to the payee's TSP account; the pro rata...

  18. A Citizen Court in the Recombinant DNA debate.

    Science.gov (United States)

    Krinsky, Sheldon

    1978-01-01

    Harvard scientists were planning DNA experiments which required special facilities. A citizen panel was formed to look into the adequacy of federal safety guidelines for the community. Describes the review process and discusses the concept of a citizen court to resolve such technical controversies. (GA)

  19. 75 FR 54698 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2010-09-08

    ... promulgate sentencing guidelines and policy statements for Federal courts. Section 994 also directs the... ``, and Crime Victims' Rights'' after ``Agreements''; and in Note 3 by redesignating subdivisions (a... criminal history score. A conforming change is made in Sec. 2P1.1 (Escape, Instigating or Assisting...

  20. National courts and the international rule of law

    NARCIS (Netherlands)

    A. Nollkaemper

    2011-01-01

    This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book is on judicial control of exercise of public powers by states.

  1. The Specialist Court for Kosovo: continuity or departure from the hybrid courts model?

    Directory of Open Access Journals (Sweden)

    Shkёlzen Selimi

    2016-01-01

    Full Text Available The issue of whether to establish Specialist Chambers within the Kosovo justice system for alleged war crimes committed in Kosovo has been, arguably, one of the most heated debates not only from a political and social point of view, but also from a legal one. While the required amendments in the Constitution and several laws of Kosovo necessary to establish the Specialist Chambers in furtherance of the agreement dated 14 April 2014 between the Republic of Kosovo and the European Union on the Mission of the European Union Rule of Law Mission in Kosovo (“EULEX” will certainly create heated debates in the political level, one may argue that the legal issues that are expected to be encountered when the Specialist Chambers will be operational, may be even more pressing. This is in consideration of the peculiar nature of the Specialist Chambers, which are meant to have their basis within the laws of Kosovo, but at the same time, be independent from them and from control of Kosovo authorities. The purpose of this article is to delineate the possible legal issues that might confront the Specialist Chambers of Kosovo. Its main argument is that, while the Specialist Chambers seem to follow the experience of other hybrid internationalised courts, it still differs from them in some aspects. The challenges that the new Specialist Chambers may need to tackle deal with its jurisdiction and position within the Kosovo Judicial system, and its legitimacy and legal basis.

  2. The Jurisdiction of The Constitutional Court In Controlling The Constitutionality of Criminal Judgments: Kosovo Case

    OpenAIRE

    BRAHA, Florentina Shala; BYTYQI, Vilard; VUNIQI, Dardan; Berisha, Fadil

    2016-01-01

    This paper will deal with individual requests that are submitted at the Constitutional Court in order to assess the constitutionality of criminal judicial decisions. The right to submit issues for assessing the constitutionality of criminal court decisions is a constitutionally guaranteed right. Many individuals who are dissatisfied with the decisions of the judicial instances use their right to oppose such a decision even at the Constitutional Court.Not all the cases submitted to the Court a...

  3. Rock Finding

    Science.gov (United States)

    Rommel-Esham, Katie; Constable, Susan D.

    2006-01-01

    In this article, the authors discuss a literature-based activity that helps students discover the importance of making detailed observations. In an inspiring children's classic book, "Everybody Needs a Rock" by Byrd Baylor (1974), the author invites readers to go "rock finding," laying out 10 rules for finding a "perfect" rock. In this way, the…

  4. Finding Family

    Institute of Scientific and Technical Information of China (English)

    LIU YUNYUN

    2010-01-01

    @@ It took 14 years--and just two min-utes-for an adopted Chinese girl to find her biological family. July 21 this year marked the first anniversary of Haley Butler's finding of her biological parents in Maanshan in east China's Anhui Province.

  5. NL-Netherlands: Court applies Google Spain: no right to be forgotten for convicted criminal

    NARCIS (Netherlands)

    Breemen, V.

    2014-01-01

    On 18 September 2014, the Amsterdam Court handed down the first national application of the EU Court of Justice’s Google Spain judgment. The case was initiated by a convicted criminal after Google had not fully granted his online removal requests. The court rejected the claim, but it should be noted

  6. 37 CFR 2.145 - Appeal to court and civil action.

    Science.gov (United States)

    2010-07-01

    .... (a) Appeal to U.S. Court of Appeals for the Federal Circuit. An applicant for registration, or any....S. Court of Appeals for the Federal Circuit (paragraph (a) of this section), may have remedy by... appeal to the U.S. Court of Appeals for the Federal Circuit waives any right to proceed under section...

  7. 20 CFR 410.670c - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 410.670c... involving the application of circuit court law. (a) The Administration will apply a holding in a United... determination or decision between the date of a circuit court decision and the date an Acquiescence Ruling...

  8. 19 CFR 176.11 - Transmission of records to Court of International Trade.

    Science.gov (United States)

    2010-04-01

    ... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

  9. 76 FR 65061 - Manual for Courts-Martial; Proposed Evidence Amendments

    Science.gov (United States)

    2011-10-19

    ... October 19, 2011 Part III Department of Defense Office of the Secretary Manual for Courts-Martial..., 2011 / Notices#0;#0; ] DEPARTMENT OF DEFENSE Office of the Secretary Manual for Courts-Martial... of Proposed Amendments to the Military Rules of Evidence in the Manual for Courts-Martial,...

  10. Characteristics of the People's Court's Order to Compensate Damages for Copyright Infringement

    Institute of Scientific and Technical Information of China (English)

    Zhang Lumin; Zhang Xuesong

    2005-01-01

    @@ The issue of damages has long been a hard nut to crack in court hearings of cases of dispute over copyright infringement. Recently, the Beijing Higher People's Court has found out, while conducing a study of 206 copyright infringement cases (162 cases of first instance and 44 cases of second instance), the following eight characteristics of the People's Court's ruling on compensation of damages.

  11. 8 CFR 1003.46 - Protective orders, sealed submissions in Immigration Courts.

    Science.gov (United States)

    2010-01-01

    ... Immigration Courts. 1003.46 Section 1003.46 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.46 Protective orders, sealed submissions in Immigration Courts. (a) Authority. In...

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

    Science.gov (United States)

    2010-01-01

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

  13. Giving Back: A Community Service-Learning Manual for Youth Courts.

    Science.gov (United States)

    Degelman, Charles

    Youth courts are among the fastest-growing crime intervention in the nation. Youth courts divert minor offenders from overloaded juvenile courts and hold them responsible for their actions. They educate young people about the impact their actions have on others, teach about the legal system, and provide opportunities and a forum to develop and…

  14. Supreme Court Hearing in Texas Admissions Case Exposes Gaps in Affirmative-Action Law

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

    The author reports on the U.S. Supreme Court hearing regarding the Texas admissions case that exposes gaps in the affirmative-action law. As the Supreme Court heard oral arguments in a lawsuit challenging race-conscious admissions at the University of Texas at Austin, it became evident that the court's past rulings on such policies have failed to…

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

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

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

  16. 22 CFR 71.9 - Presentation of Americans at foreign courts.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Presentation of Americans at foreign courts. 71... Presentation of Americans at foreign courts. The chief of the mission concerned may exercise his discretion in the matter of procuring the presentation of American citizens at the court of the country to which...

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

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

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

  18. The European Court of Human Rights, Secular Education and Public Schooling

    Science.gov (United States)

    Arthur, James; Holdsworth, Michael

    2012-01-01

    Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education…

  19. 25 CFR 11.118 - What are the jurisdictional limitations of the Court of Indian Offenses?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false What are the jurisdictional limitations of the Court of... the jurisdictional limitations of the Court of Indian Offenses? (a) A Court of Indian Offenses may... Offenses unless its tribal governing body explicitly waives its tribal immunity by tribal resolution or...

  20. Secondary Prevention Services for Clients Who Are Low Risk in Drug Court: A Conceptual Model

    Science.gov (United States)

    DeMatteo, David S.; Marlowe, Douglas B.; Festinger, David S.

    2006-01-01

    The drug court model assumes that most drug offenders are addicts, and that drug use fuels other criminal activity. As a result, drug court clients must satisfy an intensive regimen of treatment and supervisory obligations. However, research suggests that roughly one third of drug court clients do not have a clinically significant substance use…

  1. Adapting to Bad News: Lessons from the Harlem Parole Reentry Court

    Science.gov (United States)

    Hamilton, Zachary K.

    2011-01-01

    The reentry court model was created to address the risks and needs of offenders returning to the community during the period immediately following release. While there is growing interest in reentry courts, research to date has been limited. This study utilized a quasi-experimental design, comparing reentry court participants with traditional…

  2. The European Courts and the Law of Treaties: The Continuing Story

    NARCIS (Netherlands)

    Kuijper, P.J.; Cannizzaro, E.

    2011-01-01

    This chapter presents a critical analysis of the case law of the European Court of Justice and of the General Court relating to the application of the international law of treaties. It covers the some forty cases in which the Courts have referred explicitly to the Vienna Convention on the Law of Tre

  3. Trust and Confidence in the Courts: Does the Quality of Treatment Young Offenders Receive Affect Their Views of the Courts?

    Science.gov (United States)

    Sprott, Jane B.; Greene, Carolyn

    2010-01-01

    It is assumed that legitimacy of the legal system is important, yet almost nothing is known about how young offenders view this institution. A sample of youths were interviewed at their first appearance in court and asked about their feelings regarding how they have been treated (procedural justice) by their lawyer, by the crown attorney, and by…

  4. Trust and Confidence in the Courts: Does the Quality of Treatment Young Offenders Receive Affect Their Views of the Courts?

    Science.gov (United States)

    Sprott, Jane B.; Greene, Carolyn

    2010-01-01

    It is assumed that legitimacy of the legal system is important, yet almost nothing is known about how young offenders view this institution. A sample of youths were interviewed at their first appearance in court and asked about their feelings regarding how they have been treated (procedural justice) by their lawyer, by the crown attorney, and by…

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

    OpenAIRE

    Goldberger, Justin Nathaniel

    2016-01-01

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

  6. THE JURISDICTION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION TO DELIVER A CANCELLATION JUDGMENT REGARDING THE INTERNATIONAL AGREEMENTS TO WHICH THE EU IS PARTY

    Directory of Open Access Journals (Sweden)

    Roxana-Mariana POPESCU

    2016-06-01

    Full Text Available In the case where international agreements are treated as legal acts of EU institutions, they may be subject to judicial review exercised by the Court in Luxembourg. Given the fact that we assimilate international agreements to legal acts of the European Union, we would be tempted to ask ourselves the following questions: to what extent declaring an agreement, by a judgment of the Court of Justice of the EU delivered in the action for cancellation, as being inapplicable to the EU legal order, affects the security of international relationships? If these relationships are affected, is it possible to exclude the subsequent verification conducted by the Court? In the study below, our purpose is to find answer to these questions.

  7. What they didn't know may have helped us: how the Supreme Court misinterpreted the role of sign language interpreters.

    Science.gov (United States)

    Siegel, P

    1995-12-01

    In Zobrest v. Catalina Foothills School District (1993), the Supreme Court ruled that using state monies to pay for a sign language interpreter's services in a parochial school setting did not violate the Establishment Clause. That decision was based on a flawed reading of the role played by sign language interpreters and the implications of that role within the rubric of traditional First Amendment jurisprudence. This article explores why the interpreter's role is constitutionally significant. It then contrasts the two competing models set before the Court, the mechanical model and the full participant model. After finding that the latter model is the more accurate depiction of the interpreter's role, the article examines several unique features of interpreting between spoken and spatial languages that suggest a more sophisticated Court would have ruled against the Zobrests.

  8. Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

    Full Text Available This session of the workshop was dedicated to alternative dispute resolutions (ADR, which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany

  9. Results and unsolved problems following the amendment to the Italian Law on assisted reproduction brought about by the Constitutional Court.

    Science.gov (United States)

    Molinelli, Andrea; Bonsignore, Alessandro; Darretta, Valeria; Anserini, Paola

    2012-07-01

    Since the approval of Law N° 40/2004, Italian specialists have been applying assisted reproductive techniques in compliance with a number of restrictions. Several attempts were made to find a solution to the practical and ethical issues brought about by this restrictive legislation. Finally, in May 2009, the Italian Constitutional Court banned most of the limitations. In the last year the authors worked together to study the impact of the Italian Constitutional Court modifications on assisted reproduction from both a gynecological and medico-legal point of view. Despite the clinically positive impact of the ruling, a lot of technical and legal unsolved issues still exist. Analyzing these problems, the authors stress the importance of a multidisciplinary approach to achieve adequate legislation in order to improve patients' outcome and avoid "reproductive migration" from Italy to other European Countries. New regulation could also be important for practitioners by keeping the risk of legal troubles to the minimum.

  10. An Evaluation of Three Driving-Under-the-Influence Courts in Georgia.

    Science.gov (United States)

    Fell, James C; Tippetts, A Scott; Ciccel, J Decarlo

    2011-01-01

    Following the model of Drug Courts, three Georgia Driving-Under-the-Influence (DUI) Courts (established in Chatham, Clarke, and Hall Counties in 2003) were designed to address the underlying alcohol problems of repeat DUI offenders through continuous and frequent judicially supervised treatment, periodic alcohol and other drug testing, the use of graduated sanctions, and other appropriate rehabilitative services. A team comprised of a judge, court personnel, probation officials, and treatment providers met regularly to assess offender progress, and offenders met biweekly with the judge to report their progress. An impact evaluation showed after 4 years of exposure that when the DUI Court graduates were combined with the DUI Court terminated offenders (Intent to Treat Group), the DUI Court offenders had significantly lower recidivism rates: 38 percent lower than a Contemporary Group of offenders and 65 percent lower than a Retrospective Group of offenders. The DUI Court Intent to Treat Group had a significantly lower recidivism rate: 15 percent compared to 24 percent for a group of matched offenders from three similar counties in Georgia (Contemporary Group) and a 35 percent rate for matched offenders from the same counties as the DUI Court who would have been eligible for the DUI Court had it been in existence (Retrospective Group). Offenders who were terminated from the DUI Courts for various reasons had a recidivism rate of 26 percent. It is estimated that the DUI Courts prevented between 47 and 112 repeat arrests during a four year period due to the reduced recidivism associated with them.

  11. Investigating deviations from norms in court interpreting

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

    , in some cases, all - professional users involved (judges, lawyers, prosecutors). As far as the non-Danish speaking users are concerned, it has, with one notable exception, unfortunately not been possible to obtain data from this group via questionnaires. As this type of data, however, is important...... behaviour, explore why the deviations in question occur, find out what happens if deviations are perceived as such by the other participants involved in the interpreted event. We will reconstruct the norms in question by examining interpreters' and (mainly) professional users' behaviour in the course...... deviations and sanctions in every case. By way of example: Several judges, who had given their consent to recordings of authentic data in connection with the research project, reported that they had experienced problems with insufficient language proficiency on the part of untrained interpreters speaking...

  12. Finding Family

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    Discovering her birth parents was an exciting adventure for a 15-year-old girl It took 14 years-and just two minutes-for an adopted Chinese girl to find her biological family.July 21 this year marked the first

  13. The Effect of a Supreme Court Decision Regarding Gay Marriage on Social Norms and Personal Attitudes.

    Science.gov (United States)

    Tankard, Margaret E; Paluck, Elizabeth Levy

    2017-09-01

    We propose that institutions such as the U.S. Supreme Court can lead individuals to update their perceptions of social norms, in contrast to the mixed evidence on whether institutions shape individuals' personal opinions. We studied reactions to the June 2015 U.S. Supreme Court ruling in favor of same-sex marriage. In a controlled experimental setting, we found that a favorable ruling, when presented as likely, shifted perceived norms and personal attitudes toward increased support for gay marriage and gay people. Next, a five-wave longitudinal time-series study using a sample of 1,063 people found an increase in perceived social norms supporting gay marriage after the ruling but no change in personal attitudes. This pattern was replicated in a separate between-subjects data set. These findings provide the first experimental evidence that an institutional decision can change perceptions of social norms, which have been shown to guide behavior, even when individual opinions are unchanged.

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

    Directory of Open Access Journals (Sweden)

    Marta Rodriguez de Assis Machado

    2015-01-01

    Full Text Available The paper presents the main results of an empirical research on decisions in cases concerning racism, racial discrimination and racial slander handed down by Brazilian Appeal Courts. We analyzed 200 decisions from 1998 to 2010 that are available on the online databanks of the Appeal Courts of nine Brazilian Federal States (Acre, Bahia, Mato Grosso do Sul, Paraíba, Pernambuco, Rio de Janeiro, Rondônia, Rio Grande do Sul e São Paulo. The data presented allows us to discuss the current diagnosis about how the Brazilian Judiciary deals with racism and racial discrimination and to understand the potential and limitations of the existing legal instruments to confront the social problems of racism in Brazil. In the introduction of the paper, we present a brief explanation about the history of Brazilian punitive antiracist statutes, and we discuss the existing research in this field. Afterwards we explain our methodological choices used to construct this research and how we interpreted the data collected. In section three, we present our main quantitative findings. Finally, we discuss it critically and make some considerations about the strategy of the social movements involving the juridification of racism via criminal law. We also raise some questions for a future research agenda.

  15. Court lets stand ruling barring lawsuit by plaintiff on SSDI.

    Science.gov (United States)

    1997-03-01

    The U.S. Supreme Court let stand a ruling barring a plaintiff from suing his former employer for AIDS discrimination because his acceptance of disability benefits indicated that he was no longer covered by the Americans with Disabilities Act (ADA). The appeal was brought by [name removed], an assistant store manager who sued the Disney Stores after he was fired. The 3rd U.S. Circuit Court of Appeals said that [name removed] was judicially estopped from suing because he cannot be a qualified individual with a disability under the ADA if he accepts Social Security disability benefits. This case means that persons with AIDS could forfeit their legal rights under the ADA unless they are careful how they apply for disability benefits. The ruling prevented [name removed] from obtaining a trial on his claim that he was fired on a charge of theft as a pretext for AIDS discrimination.

  16. Court upholds prison term for fraud against life insurers.

    Science.gov (United States)

    1999-10-15

    The 7th U.S. Circuit Court of Appeals in Chicago upheld the lower court conviction of [name removed] for fraud and mail fraud. [Name removed] enrolled seven critically ill persons under employee group life insurance through his travel agency, Corporate Travel Consultants Corp. in a scheme to collect $2.4 million. None of the people were employees of his company. The deaths of an HIV-infected man and [name removed]'s 95-year-old mother paid him $600,000 in benefits before the plot was discovered. He was sentenced to a jail term, fined $50,000, and ordered to make restitution in the amount of $600,000. The three-judge panel said that in spite of some errors, the sentence was appropriate.

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

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

    was very ‘consumer like’ because victims were solely used as witnesses to testify about the crimes attributed to the accused, but they were not granted broad participatory rights in the proceedings. The drafters of the Rome Statute acknowledged wide-ranging interests of victims who, apart from seeking......Victim participation is one of the most innovative aspects introduced in the legal framework of the International Criminal Court (hereinafter – ICC), which has not featured in the practices of other international criminal courts and tribunals. The approach of the ad hoc tribunals to victims...... that have firmly established practices in dealing with victims and were largely followed by other chambers. Although the jurisprudence has received a mixed bag of reviews in professional and academic circles, it is important to highlight the contribution of the judges to the interpretation of the victim...

  18. Court of the Eurasian Economic Community welcome Note

    Directory of Open Access Journals (Sweden)

    Anna Sokolovskaya

    2014-01-01

    Full Text Available As the President of the Court of the Eurasian Economic Community I am very proud to appear on the pages of Russian Law Journal, a new promising project initiated by leading Russian scholars. The RLJ is of a particular interest for the Court of the Eurasian Economic Community, a body hearing cases involving companies from all over the world in relation to the Customs Union of Belarus, Kazakhstan and Russia, since its’ main purpose is to expand cross-fertilization between the legal cultures. This purpose is very important in course of the Eurasian integration which will culminate in 2015 with creation of the Eurasian Union, transforming markets of the member states into the large single one. I am wishing the RLJ’s Editorial Council and Board productive work in establishing this forum for discussion.

  19. THE ROMANIAN COURT OF ACCOUNTS, TRADITION AND ACTUALITY

    Directory of Open Access Journals (Sweden)

    Elena – Carmen Bragadirean

    2011-01-01

    Full Text Available This article is an analysis of the financial control/audit activity organization and conduct inRomania, al the level of the Romanian Court of Accounts as of set up date and until now.The financial control/audit activity is conducted by virtue of the right of society to have thefundamental general interest defended. The necessity to organize and conduct financialcontrol results from the fact that financial resources established and available to publicadministration belong to the overall society. Society is directly interested to ensurefinancial resources for the common needs, as well as their allotment in relation to prioritiesset by competent bodies for the use of public funds with maximum economic and socialefficiency, harmonizing interests, sizing financial resources and, last but not least, theirorientation towards various programmed destinations. In Romania, the institutionhabilitated based on legal provisions to implement the above mentioned object is theRomanian Court of Accounts.

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

    Science.gov (United States)

    Kumamoto, Andrew; Schmid, Cora L

    2012-12-01

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

  1. [The Cagliari (Italy) Court authorizes the preimplantation genetic diagnosis].

    Science.gov (United States)

    Jorqui Azofra, María

    2007-01-01

    Today, preimplantation genetic diagnosis (PGD) has been greatly accepted within the framework of positive law of many European countries. Nevertheless, in other countries, such as Italy, it is forbidden by law. The ruling of the Civil Court of Cagliari which has authorized its use to a Sardinian couple, has opened, in this way, a small crack to be able to asses possible modifications to the Italian regulation on this matter. This article analyses the ruling of the Civil Court of Cagliari (Italy) from an ethical and legal perspective. The criteria which is used to analyse the legitimacy or illegitimacy of the practice of PGD is analysed. That is, on reasons which could justify or not the transfer of embryos in vitro to the woman. With this objective in mind, the Italian and Spanish normative models which regulates this controversial subject are looked at. As a conclusion, a critical evaluation of the arguments presented is made.

  2. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

    to employee participation in managerial prerogative. The comparative social policy aim is to examine and account for observed employment relations variance in the U.S. and Japan, given their similar labor legislation. Japan’s Supreme Court recognizes lifetime employment as an institutionalized practice and we......'s participatory employee relations system contrasts sharply with recent U.S. state-based legislative assaults on long-standing collective bargaining, particularly for public sector unions. The concept of cultural cognition, recently deployed in legal studies to account for domestic U.S. risk, public policy......Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach...

  3. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily; ugilt, rasmus

    2011-01-01

    Sixty years before Carl Schmitt wrote his Political Theology, and more than a 100 years before President Bush announced a ‘war on terrorism’ the American Supreme Court grappled with the difficult issue of emergency powers in connection with issues arising out of the American Civil War (1861...... on terrorism. This article engages the theoretical framework of Locke, Schmitt and Agamben in order to come to a better understanding of this important set of cases....

  4. Toward next generation coaching tools for court based racquet sports

    OpenAIRE

    2012-01-01

    Even with today’s advances in automatic indexing of multimedia content, existing coaching tools for court sports lack the ability to automatically index a competitive match into key events. This paper proposes an automatic event indexing and event retrieval system for tennis, which can be used to coach from beginners upwards. Event indexing is possible using either visual or inertial sensing, with the latter potentially providing system portability. To achieve maximum performance in eve...

  5. A History of Court and Commoner Clothing in Vietnam

    Directory of Open Access Journals (Sweden)

    Liam C. Kelley

    2016-09-01

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

  6. The Moderating Influence of International Courts on Social Movements

    OpenAIRE

    Lemaitre, Julieta; Rachel SIEDER

    2017-01-01

    Abstract Feminists and religious conservatives across the globe have increasingly turned to courts in their battles over abortion. Yet while a significant literature analyzes legal mobilization on abortion issues, it tends to focus predominantly on domestic scenarios. In this article, we consider the effects of this contentious engagement of pro-choice and anti-abortion movements in international human rights fora, asking what happens to social movement claims when they reach international hu...

  7. Japan’s Supreme Court Discourse and Lifetime Employment

    OpenAIRE

    Tackney, Charles T.; Sato, Toyoko

    2012-01-01

    Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach to employee participation in managerial prerogative. The comparative social policy aim is to examine and account for observed employment relations variance in the U.S. and Japan, given their similar labor leg...

  8. Establishing Sentencing Guidelines for Military Courts-Martial

    Science.gov (United States)

    2014-11-01

    of the offender and the offense, leading to a moral judgment imposed by judges with skill, experience, and wisdom [instead of] judges mechanically...good order and discipline, a convening authority (who had never met me) thought I was up for the job . After we found the defendant guilty, both...Sentencing Guidelines by Courts-Martial,” 17. 9 Luna , “Misguided Guidelines: A Critique of Federal Sentencing,” 1. 10 USSC, Annual Reports 1995-2013

  9. Ontario courts reaffirm right to marijuana for therapeutic purposes.

    Science.gov (United States)

    Weiss, Rémi

    2011-10-01

    In a judgment dated 11 April 20 11, the Ontario Superior Court declared that the Medical Marijuana Access Regulations (MMAR), and Sections 4 and 7 of the Controlled Drugs and Substances Act (CDSA), that prohibit the possession and production of cannabis, are unconstitutional because, in practice, they prevent effective access to marijuana for therapeutic purposes, and therefore violate Section 7 of the Canadian Charter of Rights and Freedoms (Charter).

  10. Affirmative Action Case Queued Up for Airing at High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

    The future of affirmative action in education--not just for colleges but potentially for K-12 schools as well--may be on the line when the U.S. Supreme Court takes up a race-conscious admissions plan from the University of Texas next month. That seems apparent to the scores of education groups that have lined up behind the university with…

  11. Symbolic Communication as Speech in United States Supreme Court Jurisprudence

    OpenAIRE

    Łukasz Machaj

    2011-01-01

    The First Amendment to the United States Constitution forbids government to pass any law which abridges freedom of speech. Notwithstanding the absolute tenor of the clause, this guarantee is clearly not limitless; its boundaries are established mainly in the course of Constitutional adjudication. The United States Supreme Court has extended free speech guarantees to so-called symbolic speech, i.e. to nonverbal expression of ideas, views or emotions. The article analyzes basic criteria and lim...

  12. Cramers Court Nursing Home, Belgooly, Cork.

    LENUS (Irish Health Repository)

    Singan, Vasanth R

    2012-06-08

    AbstractBackgroundThe localization of proteins to specific subcellular structures in eukaryotic cells provides important information with respect to their function. Fluorescence microscopy approaches to determine localization distribution have proved to be an essential tool in the characterization of unknown proteins, and are now particularly pertinent as a result of the wide availability of fluorescently-tagged constructs and antibodies. However, there are currently very few image analysis options able to effectively discriminate proteins with apparently similar distributions in cells, despite this information being important for protein characterization.FindingsWe have developed a novel method for combining two existing image analysis approaches, which results in highly efficient and accurate discrimination of proteins with seemingly similar distributions. We have combined image texture-based analysis with quantitative co-localization coefficients, a method that has traditionally only been used to study the spatial overlap between two populations of molecules. Here we describe and present a novel application for quantitative co-localization, as applied to the study of Rab family small GTP binding proteins localizing to the endomembrane system of cultured cells.ConclusionsWe show how quantitative co-localization can be used alongside texture feature analysis, resulting in improved clustering of microscopy images. The use of co-localization as an additional clustering parameter is non-biased and highly applicable to high-throughput image data sets.

  13. Does the justice concur witn court adjudication of criminal case?

    Directory of Open Access Journals (Sweden)

    Berova D.M.

    2014-12-01

    Full Text Available Two formulas are confronted in the article: “justice in the Russian Federation is administered only by court” and “court adjudicates criminal cases”. Different scientific standpoints are analyzed. The viewpoint on justice as any court procedural activity (including pre-trial control of preliminary investigation bodies and arguments justifying it are studied, notably justice is not only judicial proceeding and conclusion on guilt and liability, but also deciding issues on arrest, search, taking other measures of criminal procedure constraint. The author proposes to consider justice in its direct meaning and in the narrow sense as the court activity on trying and adjudicating criminal cases. The rest of the court’s functions including the function of pre-trial control of preliminary investigation bodies cannot be considered as justice. The criminal case adjudication totally concurs with justice, and “justice” remains the priority legislative term. It is proved that justice as criminal case adjudication begins in the stage of preparing for judicial sitting, but it is executed in all the following degrees of jurisdiction and also when reopening the case due to newly discovered facts. In such cases reversal and revision of a sentence are possible, which is court’s prerogative forming a justice function. The judicial proceeding in the stage of executing a sentence is not considered as justice because in this case the sentence is not reversed or revised, its legality and validity are not examined and questioned, but execution of punishment can be amended.

  14. Circuit courts clash over HIV in the workplace.

    Science.gov (United States)

    1997-09-19

    Some of the major differences of opinions between the circuit courts on issues affecting HIV and employment are examined. In the seven years since the passing of the Americans with Disabilities Act (ADA), there has been disagreement among the circuits relative to the interpretation of the law. At the heart of the debate is whether or not HIV infection, without symptoms of AIDS, actually qualifies for a disability under the meaning and intent of the ADA. Another fundamental issue is whether or not reproduction is considered a major life activity under the ADA. Federal circuit courts have also considered what happens to patients in the latter stages of HIV diseases, when symptoms are so pronounced that he or she qualifies for disability benefits including Social Security or private disability plans. There is disagreement among the circuits as to whether insurance products, including those provided through an employee benefit program, are covered under the ADA. As of this date, the U.S. Supreme Court has not intervened on any of the HIV/ADA-related cases.

  15. WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ

    Directory of Open Access Journals (Sweden)

    Andrea Fehér

    2015-12-01

    Full Text Available The purpose of this presentation is to address the issue of female criminality in early modern Cluj, and to analyze women’s position before the law. Our investigation is based on the records of the secular Court from the town Cluj, where we have identified more than 250 cases of women accused of fornication, adultery, witchcraft, infanticide, theft and drunkenness, poisoning, swearing and slander. There were a significant number of female convictions during the century, from which most ended with light sentences, such as banishment, corporal punishments, stigmatizations with hot iron, mutilations and only occasionally death. We would like to analyze in detail the types of crime and their punishments presenting the legal background, the jurisdiction and the habitual practices of the Court. We would also like to underline the importance of the narrative strategies used in these inquisitorial trials, since our documents reveal female criminality from a male perspective, as in these times men ran the legal system, consequently the Court records, in our reading contain moral, legal and sexual elements of a male discourse on female crime.

  16. Current Perspectives on Profiling and Enhancing Wheelchair Court Sport Performance.

    Science.gov (United States)

    Paulson, Thomas; Goosey-Tolfrey, Victoria

    2017-03-01

    Despite the growing interest in Paralympic sport, the evidence base for supporting elite wheelchair sport performance remains in its infancy when compared with able-bodied (AB) sport. Subsequently, current practice is often based on theory adapted from AB guidelines, with a heavy reliance on anecdotal evidence and practitioner experience. Many principles in training prescription and performance monitoring with wheelchair athletes are directly transferable from AB practice, including the periodization and tapering of athlete loads around competition, yet considerations for the physiological consequences of an athlete's impairment and the interface between athlete and equipment are vital when targeting interventions to optimize in-competition performance. Researchers and practitioners are faced with the challenge of identifying and implementing reliable protocols that detect small but meaningful changes in impairment-specific physical capacities and on-court performance. Technologies to profile both linear and rotational on-court performance are an essential component of sport-science support to understand sport-specific movement profiles and prescribe training intensities. In addition, an individualized approach to the prescription of athlete training and optimization of the "wheelchair-user interface" is required, accounting for an athlete's anthropometrics, sports classification, and positional role on court. In addition to enhancing physical capacities, interventions must focus on the integration of the athlete and his or her equipment, as well as techniques for limiting environmental influence on performance. Taken together, the optimization of wheelchair sport performance requires a multidisciplinary approach based on the individual requirements of each athlete.

  17. Mini Simulation of a Supreme Court Oral Argument: A Lesson Plan for High School Law-Related Educators To Support "Understanding the Federal Courts."

    Science.gov (United States)

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

    Every year the Supreme Court hears dozens of cases related to key constitutional issues. These cases can be used to teach enduring concepts in government and law. With this lesson plan, students learn about important concepts in Fourth Amendment law and stage a mock Supreme Court oral argument in small groups on a case decided in the 1999-2000…

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

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

    , this autonomous interpretation of ‘human embryo’ and the flexibility allowed to the national courts needed further clarification. This clarification was recently given by the Court’s Grand Chamber in International Stem Cell Corporation v Comptroller General Patents where the Court concluded that a non...

  19. The limits of authority of the Constitutional Court of Bosnia and Herzegovina in the procedure for the assessment of compliance of laws with the Constitution of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Simović Miodrag N.

    2014-01-01

    Full Text Available The Constitutional Court of Bosnia and Herzegovina is one of the pillars of rule of law and legal security as well as guarantee for preservation and development of democratic order in the constitutional framework of Bosnia and Herzegovina. It is not legislative, neither executive nor classical court authority, but a special kind of sui generis authority, acting as corrective factor for all three authority branches. In such a situation, the relationship between the Constitutional Court and legislative authority has a special significance, having in mind that legislative authority regulates, primarily through the law, legal order and, thereby, also defines social and political system of one state and that, on the other side, the Constitutional Court ensures that those laws are in accordance with the Constitution of Bosnia and Herzegovina and that, if it finds such a law has gone out of the framework of the Constitution, it may intervene by declaring the whole law or parts of it unconstitutional and put them out of force. Does the Constitutional Court in such a situation takes the role of legislator and what kind of legislator? What if the legislative authority does not comply with the decision of the Constitutional Court? Should Constitutional Court take the role of positive legislator? It is less problematic activity of the Constitutional Court as negative legislator in theory and practice. In such legal situation, the Constitutional Court in its decision finds unconstitutionality of a law provision (or the whole law and eliminates it from legal system generally after expiration of certain period of time when such provisions cease to be valid and the legislator replaces unconstitutional provisions with new ones within set time limit. However, we have a much more problematic situation when the Constitutional Court acts as positive legislation, i.e. when it makes a decision declaring validity of certain provisions of the law or instructing the

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

    Directory of Open Access Journals (Sweden)

    Wisnu Baroto

    2015-08-01

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

  1. Staff Perspectives on Juvenile Drug Court Operations: A Multi-Site Qualitative Study.

    Science.gov (United States)

    Mericle, Amy A; Belenko, Steven; Festinger, David; Fairfax-Columbo, Jaymes; McCart, Michael R

    2014-09-01

    Substance use is pervasive among youth, particularly among those involved in the juvenile justice system. Juvenile drug courts (JDCs) are a promising approach for delinquent youth with substance abuse issues. However, research regarding JDCs has shown inconsistent effects, and little is known about the specific components associated with positive outcomes. The current study examines data from interviews of JDC judges and team member focus groups in six JDCs from two contiguous southeastern states to identify stakeholders' perceptions about what places youth at risk for involvement in JDC and the factors that may contribute to successful outcomes. In addition, we examine these stakeholders' perceptions of the strengths and challenges facing their JDCs. Our findings highlight the importance of parents and specific strategies implemented by JDCs in influencing the outcomes of youth in JDCs and the importance of interagency collaboration and access to treatment and community resources for the overall success of JDCs.

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

    Science.gov (United States)

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

    2013-01-01

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

  3. The Court of Justice of the European Union and Fixed-term Work

    DEFF Research Database (Denmark)

    de la Porte, Caroline; Emmenegger, Patrick

    2017-01-01

    While fixed-term work benefits employers and increases the prospects of employability of various categories of workers, it is inherently precarious. The European Union (EU) directive on fixed-term work emphasizes the importance of equal treatment of workers on fixed-term contracts with comparable...... permanent workers and aims to prevent abuse of this contract form. Surprisingly, the Court of Justice of the European Union (CJEU) rulings in this area have by and large been neglected in comparative labour market research. We fill this gap by systematically analysing the CJEU case law concerning fixed......-term work and connecting it to the literatures on labour market dualization and Europeanization of labour law. We develop an analytical framework to analyse the Europeanization of labour law, which we then use to analyse the directive and the case law regarding the directive on fixed-term work. Our findings...

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

    Directory of Open Access Journals (Sweden)

    Wayne Stewart Martin

    2014-12-01

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

  5. The Impact of Teen Court on Rural Adolescents: Improved Social Relationships, Psychological Functioning, and School Experiences.

    Science.gov (United States)

    Smokowski, Paul R; Rose, Roderick A; Evans, Caroline B R; Barbee, James; Cotter, Katie L; Bower, Meredith

    2017-08-01

    Teen Court is a prevention program aimed at diverting first time juvenile offenders from the traditional juvenile justice system and reintegrating them into the community. Few studies have examined if Teen Court impacts adolescent functioning. We examined how Teen Court participation impacted psychosocial functioning, social relationships, and school experiences in a sample of 392 rural Teen Court participants relative to two comparison samples, one from the same county as Teen Court (n = 4276) and one from a neighboring county (n = 3584). We found that Teen Court has the potential to decrease internalizing symptoms, externalizing behavior, violent behavior, parent-adolescent conflict, and delinquent friends, and increase self-esteem and school satisfaction.

  6. THE MANY FACES OF STRICT SCRUTINY: HOW THE SUPREME COURT CHANGES THE RULES IN RACE CASES

    Directory of Open Access Journals (Sweden)

    Evan Gerstmann

    2010-04-01

    Full Text Available In this paper, we argue that there is no single test called strict scrutiny when the Court considers claims of racial discrimination. In fact, the Court changes the rules depending on why and how the government is using race. By examining racial redistricting, remedial affirmative action, and diversity-based affirmative action cases, we show how the Court uses at least three verydifferent versions of strict scrutiny. The costs of maintaining the fiction of unitary strict scrutiny is high. In the area of racial profiling, for example, courts refuse to apply strict scrutiny for fear that it will either overly hamper police or will weaken strict scrutiny in other areas of racial discrimination. An open acknowledgment that the Court is already using different standards of analysis for different types of racial discrimination would allow courts to craft appropriate standards without fear of diminishing protections in other areas.

  7. An Evaluation of Three Driving-Under-the-Influence Courts in Georgia

    OpenAIRE

    Fell, James C.; Tippetts, A. Scott; Ciccel, J. DeCarlo

    2011-01-01

    Following the model of Drug Courts, three Georgia Driving-Under-the-Influence (DUI) Courts (established in Chatham, Clarke, and Hall Counties in 2003) were designed to address the underlying alcohol problems of repeat DUI offenders through continuous and frequent judicially supervised treatment, periodic alcohol and other drug testing, the use of graduated sanctions, and other appropriate rehabilitative services. A team comprised of a judge, court personnel, probation officials, and treatment...

  8. Characteristics of the People's Court's Order to Compensate Damages for Copyright Infringement

    Institute of Scientific and Technical Information of China (English)

    Zhang; Lumin; Zhang; Xuesong

    2005-01-01

      The issue of damages has long been a hard nut to crack in court hearings of cases of dispute over copyright infringement. Recently, the Beijing Higher People's Court has found out, while conducing a study of 206 copyright infringement cases (162 cases of first instance and 44 cases of second instance), the following eight characteristics of the People's Court's ruling on compensation of damages.……

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

    Science.gov (United States)

    Schmidt, Peter

    2012-01-01

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

  10. Challenges of the International Criminal Court in the cooperation with the States

    Directory of Open Access Journals (Sweden)

    Carolina Anello

    2014-03-01

    Full Text Available International cooperation is one of the main pillars on which the performance of the International Criminal Court is based. The experience, in particular, in the situ- ations referred by the Security Council of the United Nations, allows seeing the dif- ficulties derivates from the denial of States to cooperate with the Court. This paper analyzes the causes for which this breach occurs and what measures are proposed to strengthen cooperation with the Court as a precondition for effective action.

  11. Is there a doctor in the court? Focus on parental high conflict.

    Science.gov (United States)

    Roman, Jaime Rene

    2013-04-01

    The author, a California Superior Court judge who is currently assigned to family law court, describes certain cases of marital dissolution as "parental civil wars" in which a high level of conflict between parents has deleterious effects on children. He calls on clinicians and social services systems to improve interventions to address high-conflict marital dissolutions and develop collaborations with courts to avoid lifelong negative consequences for the children involved in these cases.

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

    Science.gov (United States)

    Elliott, R

    2000-01-01

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

  13. Illinois court seeks new course in AIDS phobia cases.

    Science.gov (United States)

    1997-07-25

    The Illinois Court of Appeals ruled that plaintiffs cannot be compensated for negligent infliction of emotional distress unless there is a substantial, medically-verifiable possibility of contracting HIV. The new standard will impact a growing body of case law requiring plaintiffs to show that the fear of AIDS was predicated on actual exposure to the virus. Under the actual exposure rule, a plaintiff who injures himself with a hypodermic needle that had been used on an HIV-positive hospital patient could recover damages; another plaintiff whose needle puncture cannot be traced to HIV contamination could not be compensated. In Doe v. Northwestern University, six plaintiffs who received dental care from a university dental student who tested positive for HIV antibodies sued the university, alleging negligence. Although the plaintiff's fears of HIV infection were reasonable, the court found that they were not severe enough to warrant tort compensation since the plaintiffs had nothing to support their claims. In the case of [name removed] v. [Name removed], a medical clinic office manager, cut herself on a bloodstained scalpel left in a trash can by Dr. [name removed]. Eight months following the incident, [name removed] died of AIDS-related causes. Mrs. [Name removed] would have been entitled to recover damages under the actual exposure test; however, the case would not have prevailed under the Northwestern standard because it was known that Mrs. [Name removed] tested negative twice prior to learning of [name removed]'s AIDS diagnosis. Controversy within the Illinois courts about the actual exposure rule continues.

  14. Explaining the judicial independence of international courts: a comparative analysis

    DEFF Research Database (Denmark)

    Beach, Derek

    What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary......, ECtHR and IACHR. It is found that the threat of governmental noncompliance and the strength of the constituency possessed by an IC have the most explanatory power, although there is still a significant residual that can only be explained by looking at factors relating to judicial choices and agency....

  15. Media Politicization of the United States Supreme Court

    Directory of Open Access Journals (Sweden)

    RonNell Andersen Jones

    2014-10-01

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

  16. Mental health courts: serving justice and promoting recovery.

    Science.gov (United States)

    Wren, Ginger Lerner

    2010-01-01

    This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the same Constitutional protections.

  17. Ambient Response Analysis of the Heritage Court Tower Building Structure

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, Palle

    2000-01-01

    In this paper an ambient response analysis of the Heritage Court Building structure is presented. The work is a part of a blind test organized by Professor Carlos Ventura, University of British Columbia. The response data were analyses using two different techniques: a non-parametric based...... on Frequency Domain Decomposition (FDD), and a parametric technique working on the raw data in time domain, a data driven Stochastic Subspace Identification (SSI) algorithm. Both techniques identified 11 modes under 10 HZ. One case of three close modes and one case of two close modes were identified. For all...

  18. Wind Engineering for the New European Court of Justice

    DEFF Research Database (Denmark)

    Koss, Hans Holger; Georgakis, Christos Thomas

    2005-01-01

    In this paper, a description of the building aerodynamics studies for the new 4th extension of the European Court of Justice is undertaken. The investigations of the effects of the wind can be classified in two categories: those relating to the comfort of pedestrians in and around the complex...... and those relating to the overall wind loading and occupancy comfort of the structures. Unique to this arrangement are the twin 103m tall towers – slender and arranged in parallel with an aspect ratio of approximately 3.5:1. Pedestrian level wind climate studies were performed by using physical...

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

    DEFF Research Database (Denmark)

    Broberg, Morten

    2016-01-01

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

  20. A Juvenile Drug Court Model in Southern Arizona: Substance Abuse, Delinquency, and Sexual Risk Outcomes by Gender and Race/Ethnicity

    Science.gov (United States)

    Ruiz, Bridget S.; Stevens, Sally J.; Fuhriman, Janet; Bogart, John G.; Korchmaros, Josephine D.

    2009-01-01

    Alcohol and drug use related crimes continue to be processed in juvenile courts at high rates. One approach for addressing substance related issues has been the implementation of juvenile drug courts. Juvenile drug courts were established given the wide-spread success of adult drug courts. However, juvenile drug courts require different components…

  1. Gender, Colonialism and Rabbinical Courts in Mandate Palestine

    Directory of Open Access Journals (Sweden)

    Lisa Fishbayn

    2011-11-01

    Full Text Available The distribution of powers between the state and religious groups plays an important role in shaping how controversies over multicultural toleration and women’s rights under religious law can be resolved. Some structures encourage dialogue while others make it difficult. In Israel, the presence of multiple systems of personal religious law limits the possibilities for the transformation of discriminatory religious laws. There is no civil marriage or divorce in Israel. When the modern State of Israel was created, exclusive power over family law disputes involving Jewish citizens was placed in the hands of rabbinical courts. This arrangement has been called one to retain the ‘status quo’. However, it was not a continuation of Jewish tradition or of the arrangements in place during the long period of Ottoman rule in Palestine. It reflected strengthened powers that had been given to rabbinical courts during the period of the British Mandate for Palestine. This article will trace the ways in which British policies for colonial rule and the interests of Jewish religious leaders coalesced to create a regime of religious family law that is resistant to feminist demands for change.

  2. Nuclear fuel tax in court; Kernbrennstoffsteuer vor Gericht

    Energy Technology Data Exchange (ETDEWEB)

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

    2014-07-15

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

  3. Symbolic Communication as Speech in United States Supreme Court Jurisprudence

    Directory of Open Access Journals (Sweden)

    Łukasz Machaj

    2011-06-01

    Full Text Available The First Amendment to the United States Constitution forbids government to pass any law which abridges freedom of speech. Notwithstanding the absolute tenor of the clause, this guarantee is clearly not limitless; its boundaries are established mainly in the course of Constitutional adjudication. The United States Supreme Court has extended free speech guarantees to so-called symbolic speech, i.e. to nonverbal expression of ideas, views or emotions. The article analyzes basic criteria and limits of First Amendment protection with respect to such instances of (alleged symbolic communication as flying a red flag, refusing to salute the U.S. flag, wearing a black armband, silently protesting segregation rules, burning a crucifix, burning a draft card, sleeping in a park and nude dancing. In some cases the level of protection given to symbolic speech is deemed analogous to that accorded to written or oral expression; in other cases the Supreme Court applies the so-called O’Brien standard, which is an instrument designed specifically for judging laws relevant to this mode of communication.

  4. LITIGATING CROSS-BORDER ENVIRONMENTAL DISPUTE IN INDONESIAN CIVIL COURT: THE MONTARA CASE

    Directory of Open Access Journals (Sweden)

    Iman Prihandono

    2015-04-01

    Full Text Available In August 2009, a wellhead blowout of took place at an offshore drilling facility named the Montara platform, on the north coast of Australia. This incident releases crude oil into the sea and continued until November 2009. The Montara platform owned by PTTEP Australasia Pty. Ltd., a company incorporated under the laws of Australia, and is a subsidiary of PTT Exploration and Production Public Company Limited, a Thailand based, state-owned oil company. Based on samples taken by the East Nusa Tenggara Municipality in the waters along the coast Kolbano, Desa Tuafanu, District Kualin, South Central Timor, it was found that the sea water has been polluted with crude oil. There was an indication that the crude oil is identical to those of at the Montara well head platform. This incident has been detrimental to at least 9.000 fishermen and seaweed farmers along the coast of West Timor Sea, with total losses estimated at USD2.4 billion. This article examines the possibility of a lawsuit brought by the affected communities to the Indonesian civil court. This article finds that that filing a lawsuit against PTTEP AA, the operator of the Montara Platform, may be possible. Article 100 RV of the Indonesian civil procedure provide an opportunity to sue foreign entity when contractual relationship exist. This article seeks to map the possible parties involved in the dispute should the victims decide to bring this case to Indonesian civil court. It aims at assisting the victims in preparing their case and obtaining the best possible outcome for remedy.

  5. Court Buildings, Local Building - Courts are included in the local building layer, Published in 2008, 1:2400 (1in=200ft) scale, Effingham County Board Of Commissioners.

    Data.gov (United States)

    NSGIC GIS Inventory (aka Ramona) — This Court Buildings dataset, published at 1:2400 (1in=200ft) scale, was produced all or in part from Orthoimagery information as of 2008. It is described as 'Local...

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

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Neamt Valentin Paul

    2016-06-01

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

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

    Science.gov (United States)

    Relano, Eugenia

    2010-01-01

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

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

    Science.gov (United States)

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

    2010-01-01

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

  10. The heavenly court : a study on the Iconopraxis of Daoist temple painting

    NARCIS (Netherlands)

    Gesterkamp, Lennert

    2008-01-01

    This study investigates four complete sets of Daoist wall paintings, termed Heavenly Court paintings (chaoyuan tu) and depicting a court audience of Daoist deities in heaven, of the thirteenth and fourteenth centuries in the context of related Daoist ritual practices, mural production, and personali

  11. Islamic courts and women's divorce rights in Indonesia : the cases of Cianjur and Bulukumba

    NARCIS (Netherlands)

    Huis, Stijn Cornelis van

    2015-01-01

    This book presents the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices. It addresses questions which not only enhance our understanding of how Islamic courts in Indonesia work, but also of how I

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

    Science.gov (United States)

    Relano, Eugenia

    2010-01-01

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

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

    Science.gov (United States)

    Freckelton, Ian

    2013-01-01

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

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

    Science.gov (United States)

    White, Byron R.

    1984-01-01

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

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

    Science.gov (United States)

    Morton, Missy

    2009-01-01

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

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

    Science.gov (United States)

    2012-12-04

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

  17. 19 CFR 175.31 - Publication of notice of court decision.

    Science.gov (United States)

    2010-04-01

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

  18. From text to talk in criminal court: Prosecuting, defending, and examining the evidence

    NARCIS (Netherlands)

    Houwen, F.; Sneijder, P.W.J.

    2014-01-01

    In this article we analyze how prosecutors, lawyers and judges refer to the case file. Because witnesses are rarely heard again in Dutch criminal court, understanding how their written voices are re-animated in court is of importance. Lawyers and prosecutors select quotations and introduce these in

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

    Science.gov (United States)

    Hodges-Aeberhard, Jane

    1999-01-01

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

  20. The Netherlands and the United Nations, Legal Responsibility for Srebrenica before the Dutch Courts

    NARCIS (Netherlands)

    Spijkers, O.

    2011-01-01

    This note provides some introductory remarks to two judicial cases decided by The Hague District Court and The Hague Court of Appeals, between The Netherlands (respondent) and the survivors and/or the relatives of the victims of the genocide in Srebrenica (i.e. Mustafić, Nuhanović and a Foundation c

  1. 77 FR 66074 - Manual for Courts-Martial; Proposed Amendments; Correction

    Science.gov (United States)

    2012-11-01

    ... of the Secretary Manual for Courts-Martial; Proposed Amendments; Correction AGENCY: Joint Service Committee on Military Justice (JSC), DoD. ACTION: Notice of Proposed Amendments to the Manual for Courts... (77 FR 64854-64887), the Department of Defense published proposed amendments to the Manual for...

  2. International settlement of mass atrocity claims: responses by domestic courts: inventory report. - Rev. version

    NARCIS (Netherlands)

    Kristjánsdóttir, E.

    2009-01-01

    Work Package 7 (WP7) of the DOMAC research programme studies the interplay between mass claims processes (MCPs) and litigation in domestic courts. Its focus is primarily on how MCPs have been challenged in domestic courts. Reparations have been granted to victims through various forms of MCPs—both a

  3. 5 CFR 838.1010 - Court orders or decrees preventing payment of lump sums.

    Science.gov (United States)

    2010-01-01

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

  4. Practical Obstacles in Cross-Border Litigation and Communication between (EU) Courts

    NARCIS (Netherlands)

    A. Stadler (Astrid)

    2013-01-01

    markdownabstract__Abstract__ In cross-border civil litigation the use of different official court languages causes severe problems when - at least one of the parties - is not familiar with the official language of the court, since the parties' constitutional right to a fair trial depends very much

  5. "Forest Grove School District v. T.A." Supreme Court Case: Implications for School Psychology Practice

    Science.gov (United States)

    Dixon, Shauna G.; Eusebio, Eleazar C.; Turton, William J.; Wright, Peter W. D.; Hale, James B.

    2011-01-01

    The 2009 "Forest Grove School District v. T.A." United States Supreme Court case could have significant implications for school psychology practice. The Court ruled that the parents of a student with a disability were entitled to private school tuition reimbursement even though T.A. had not been identified with a disability or previously…

  6. A Look Ahead: Supreme Court Likely to Have a Blockbuster Term

    Science.gov (United States)

    Hawke, Catherine

    2013-01-01

    It is not often that Supreme Court watchers agree; however, right now, it seems that most agree on one thing: the Supreme Court term that started in October 2013 is going to be a blockbuster. The docket over the last couple of years has had more than its fair share of headline-grabbing cases, from gay marriage to Obamacare to the Voting Rights…

  7. A Look Ahead: Supreme Court Likely to Have a Blockbuster Term

    Science.gov (United States)

    Hawke, Catherine

    2013-01-01

    It is not often that Supreme Court watchers agree; however, right now, it seems that most agree on one thing: the Supreme Court term that started in October 2013 is going to be a blockbuster. The docket over the last couple of years has had more than its fair share of headline-grabbing cases, from gay marriage to Obamacare to the Voting Rights…

  8. The choices judges make - Court rulings, personal values, and legal constraints

    NARCIS (Netherlands)

    van Hees, M.V.B.P.M; Steunenberg, B.

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

  9. Supreme Court Strikes down a Gun Ban and Raises Questions for College Campuses

    Science.gov (United States)

    Kelderman, Eric; Lipka, Sara

    2008-01-01

    The Supreme Court's landmark ruling overturning Washington, D.C.'s handgun ban could have implications for colleges that prohibit firearms on their campuses. Last month the court declared for the first time that the U.S. Constitution's Second Amendment protects an individual's right to keep a gun, not just the right of states to maintain armed…

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

    Science.gov (United States)

    Breda, Carolyn S.

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

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

    Science.gov (United States)

    Freckelton, Ian

    2013-01-01

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

  12. University Court As An Element Of The University’s Legal Status In The Russian Empire

    Directory of Open Access Journals (Sweden)

    Tatyana I. Eremina

    2014-12-01

    Full Text Available It the present article legal bases of university courts, which worked in the pre-revolutionary Russian universities since 1757 is researched. In the article, in the chronological order main decrees and statutes regulating activities of the university courts are analyzed. Particular attention is paid to the university statute of the year 1804 and 1863, as well as projects and decrees that resulted after the First Russian Revolution of 1905-1907. Peculiarities of the university courts work in the universities that had their own charters: Dorpat (Yuriev, Kharkov are researched. In the article Rules on the procedures of university courts, which ware developed in each university, approved by the trustee of the study district and which differed in some provisions, in particular, on the list of punishments and penalties for students in case of breaking rules are analyzed. It is shown that university teachers and students during existence of university courts did not extend to general civil jurisdiction. Existence of university courts is considered in the article as one of the conditions for existence of university autonomy. In conclusion, author notes that activities of university disciplinary courts were viewed from the standpoint of the general proceedings. But such approach leads to the fact that existence of a "backup" judicial authority in the university becomes impractical. The confirmation is the absence of provisions on the university court in the projects of university regulations, developed in the early XX century.

  13. 5 CFR 838.931 - Court orders that provide temporary awards of former spouse survivor annuities.

    Science.gov (United States)

    2010-01-01

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

  14. The Road to a Court of Appeal—Part I: History and Constitutional Amendment

    DEFF Research Database (Denmark)

    Butler, Graham

    2015-01-01

    on the judicial system of the State. The creation of a new court requires a considerable effort from a number of branches of the State in formulating the correct path for its establishment to proceed. In this article, the history of a Court of Appeal is set out, before discussing the referendum to amend...

  15. The Road to a Court of Appeal—Part II: Distinguishing Features and Establishment

    DEFF Research Database (Denmark)

    Butler, Graham

    2015-01-01

    -lasting effects on the judicial system of the state. The creation of a new court takes a considerable effort from a number of branches of the State, in formulating the correct path for its establishment to proceed. In this article, the history of a Court of Appeal is set out, before discussing the referendum...

  16. 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…

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

    Science.gov (United States)

    Morton, Missy

    2009-01-01

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

  18. 32 CFR 935.68 - Jurisdiction of the Court of Appeals.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Jurisdiction of the Court of Appeals. 935.68 Section 935.68 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE TERRITORIAL AND INSULAR REGULATIONS WAKE ISLAND CODE Judiciary § 935.68 Jurisdiction of the Court of Appeals....

  19. Supreme Court Strikes down a Gun Ban and Raises Questions for College Campuses

    Science.gov (United States)

    Kelderman, Eric; Lipka, Sara

    2008-01-01

    The Supreme Court's landmark ruling overturning Washington, D.C.'s handgun ban could have implications for colleges that prohibit firearms on their campuses. Last month the court declared for the first time that the U.S. Constitution's Second Amendment protects an individual's right to keep a gun, not just the right of states to maintain armed…

  20. Monolingual Ideologies and Multilingual Practices in Small Claims Court: The Case of Spanish-Speaking Arbitrators

    Science.gov (United States)

    Angermeyer, Philipp Sebastian

    2014-01-01

    This article explores the institutional policies and practices concerning multilingualism in small claims courts in New York City. Building on prior work that has investigated the language use of court interpreters and of the litigants for whom they translate, this study focuses on the analysis of institutional interactions in which all…

  1. 49 CFR 40.405 - May the Federal courts review PIE decisions?

    Science.gov (United States)

    2010-10-01

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

  2. Parental Compliance to Court-Ordered Treatment Interventions in Cases of Child Maltreatment.

    Science.gov (United States)

    Famularo, Richard; And Others

    1989-01-01

    The study of 136 court cases representing 218 parents of abused or neglected children found parental compliance with court ordered treatment significantly lower in parents presenting with substance abuse and in parents who sexually and/or physically maltreated their children. (Author/DB)

  3. The concept of the rule of law and the European Court of Human Rights

    NARCIS (Netherlands)

    Lautenbach, G.

    2013-01-01

    This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a backgroun

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

    Science.gov (United States)

    Stone, Carolyn

    2002-01-01

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

  5. "Forest Grove School District v. T.A." Supreme Court Case: Implications for School Psychology Practice

    Science.gov (United States)

    Dixon, Shauna G.; Eusebio, Eleazar C.; Turton, William J.; Wright, Peter W. D.; Hale, James B.

    2011-01-01

    The 2009 "Forest Grove School District v. T.A." United States Supreme Court case could have significant implications for school psychology practice. The Court ruled that the parents of a student with a disability were entitled to private school tuition reimbursement even though T.A. had not been identified with a disability or previously provided…

  6. The influence of tennis court surfaces on player perceptions and biomechanical response.

    Science.gov (United States)

    Starbuck, Chelsea; Damm, Loïc; Clarke, James; Carré, Matt; Capel-Davis, Jamie; Miller, Stuart; Stiles, Victoria; Dixon, Sharon

    2016-09-01

    This study aimed to examine player perceptions and biomechanical responses to tennis surfaces and to evaluate the influence of prior clay court experience. Two groups with different clay experiences (experience group, n = 5 and low-experience group, n = 5) performed a 180° turning movement. Three-dimensional ankle and knee movements (50 Hz), plantar pressure of the turning step (100 Hz) and perception data (visual analogue scale questionnaire) were collected for two tennis courts (acrylic and clay). Greater initial knee flexion (acrylic 20. 8 ± 11.2° and clay 32.5 ± 9.4°) and a more upright position were reported on the clay compared to the acrylic court (P < 0.05). This suggests adaptations to increase player stability on clay. Greater hallux pressures and lower midfoot pressures were observed on the clay court, allowing for sliding whilst providing grip at the forefoot. Players with prior clay court experience exhibited later peak knee flexion compared to those with low experience. All participants perceived the differences in surface properties between courts and thus responded appropriately to these differences. The level of previous clay court experience did not influence players' perceptions of the surfaces; however, those with greater clay court experience may reduce injury risk as a result of reduced loading through later peak knee flexion.

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

    Science.gov (United States)

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

    2016-01-01

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

  8. A Statistical Perspective on the Design of Drug-Court Studies

    Science.gov (United States)

    Merrall, Elizabeth L. C.; Bird, Sheila M.

    2009-01-01

    Recent meta-analyses of drug-court studies recognized the poor methodological quality of the evaluations, with only a few being randomized. This article critiques the design of the randomized studies from a statistical perspective. Learning points are identified for future drug-court studies and are applicable to evaluations both of other…

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

    Science.gov (United States)

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

    2010-01-01

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

  10. The choices judges make - Court rulings, personal values, and legal constraints

    NARCIS (Netherlands)

    van Hees, M; Steunenberg, B

    2000-01-01

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

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

    Science.gov (United States)

    Sanborn, Joseph B., Jr.

    1996-01-01

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

  12. The Netherlands and the United Nations, Legal Responsibility for Srebrenica before the Dutch Courts

    NARCIS (Netherlands)

    Spijkers, O.

    2011-01-01

    This note provides some introductory remarks to two judicial cases decided by The Hague District Court and The Hague Court of Appeals, between The Netherlands (respondent) and the survivors and/or the relatives of the victims of the genocide in Srebrenica (i.e. Mustafić, Nuhanović and a Foundation

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

    Science.gov (United States)

    Elliott, Richard

    2002-03-01

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

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

    DEFF Research Database (Denmark)

    Ashbee, Edward

    2013-01-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

  16. The So-Called Moderate Justices on the Rehnquist Court: The Role of Stare Decisis in Salient and Closely-Divided Cases

    Directory of Open Access Journals (Sweden)

    Paul Douglas Foote

    2010-01-01

    Full Text Available Problem statement: A major question that has puzzled political scientists is what factors influence the decisions of US Supreme Court justices. Despite 20th Century statutory reforms that have led to a fundamental weakening of institutional cohesion on the Supreme Court, the norm of stare decisis continues to serve as a constraint to moderate decision-makers under certain external conditions. Evaluate voting behavior on the Rehnquist Court to discover which justices are indeed demonstrating moderate behavior. Approach: This research makes a unique contribution by expanding the US Supreme Court Justice-Centered Rehnquist Database (1986-2000 to include two new variables to measure the level of salience in each case. Therefore, allowing researchers to better access the impact of issue salience in closely divided precedent-setting cases. Both the New York Times and Congressional Quarterly indicators are used to gauge case salience. The analysis focuses on the existing academic and law review literature on the role of precedent and issue salience which may place constraints on the Court. The jurisprudential styles of Justices O’Connor, Kennedy, Souter, and White are analyzed to ascertain similar moderate behavior traits. Since the data is binary, the logistic regression method is applied within the parameters of the moderate judicial model to illuminate the degree of moderate behavior. Results: The findings reveal that Justice Kennedy does not neatly fit the moderate judicial model. Instead, O’Connor was the only justice that consistently demonstrated moderate voting behavior. Interestingly, only Justice White was more likely to maintain precedent in cases that were both salient and closely divided. Conclusion: This work helps close the glaring gap in the prevailing literature by developing a political model which predicts the conditions in which moderate justices are likely to uphold or not uphold precedent. In addition, it provides a more

  17. The "Red Flags" for Child Find under the IDEA: Separating the Law from the Lore

    Science.gov (United States)

    Zirkel, Perry A.

    2015-01-01

    A comprehensive search identified 42 court decisions from late 1996 to early 2014 concerning the primary modern meaning of child find under the Individuals with Disabilities Education Act (IDEA)--whether the district had reasonable suspicion of eligibility and yet did not evaluate the child. The findings from a systematic analysis of these court…

  18. "I Don't See Myself as Prison Material": Motivations for Entering a Rural Drug Court.

    Science.gov (United States)

    Patten, Ryan; Messer, Sarah; Candela, Kimberlee

    2015-10-01

    Since the inception of drug court in the late 1980s, it has become a widely used alternative to incarcerating drug offenders. Previous research has detailed the effectiveness of programming on recidivism, participants' perceptions of the service delivery model, and cost-effectiveness. The scholarship related to drug offender motivations to participate in drug court has largely discussed family obligations and the sense of loss stemming from drug abuse, and only two studies have discussed the fear of prison as a primary motivator. This research utilized semi-structured interviews with former drug court participants from a rural county in California to ascertain their motivation for engaging in drug court (N = 29). The results show 79% of participants were trying to avoid prison or jail, while 62% were motivated to end the cycle of drug abuse in their lives. The conclusion has policy implications for future drug court design; however, additional research is needed.

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

    Science.gov (United States)

    Parmet, Wendy E

    2016-08-16

    This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby However, in its more recent Affordable Care Act decision, King v. Burwell, the health legal norm is once again evident. Whether the Court will continue to treat health as a legal norm will prove critical to the deference and weight it grants health policies in the future. Copyright © 2016 by Duke University Press.

  20. Institutional capacity and corruption: State Courts of Accounts in comparative perspective

    Directory of Open Access Journals (Sweden)

    Enivaldo Carvalho da Rocha

    2014-12-01

    Full Text Available This paper analyzes the relation between the institutional capacity of the State Courts of Accounts and corruption. Methodologically, we combine descriptive and multivariate statistics to analyze a database compiled from Melo, Pereira and Figueiredo (2009 and Ferraz and Finan (2011. In particular, we use principal component analysis to estimate an indicator of institutional capacity as the percentage of the state budget, budget transparency and seniority of each Court. We also employ a linear ordinary least squares (OLS model to estimate the effect of institutional capacity on the incidence of corruption. The results suggest that: (1 in comparison, Sao Paulo presents the Court with greater institutional capacity, while Mato Grosso do Sul presents the worst performance; (2 on average, the larger the budget of the Court, the lower the level of transparency and (3 the higher the institutional capacity of the Court, the higher the probability of detecting corruption.

  1. Enforcer, manager or leader? The judicial role in family violence courts.

    Science.gov (United States)

    King, Michael; Batagol, Becky

    2010-01-01

    Judicial supervision of offenders is an important component of many family violence courts. Skepticism concerning the ability of offenders to reform and a desire to protect victims has led to some judges to use supervision as a form of deterrence. Supervision is also used to hold offenders accountable for following court orders. Some family violence courts apply processes used in drug courts, such as rewards and sanctions, to promote offender rehabilitation. This article suggests that while protection and support of victims should be the prime concern of family violence courts, a form of judging that engages offenders in the development and implementation of solutions for their problems and supports their implementation is more likely to promote their positive behavioral change than other approaches to judicial supervision. The approach to judging proposed in this article draws from therapeutic jurisprudence, feminist theory, transformational leadership and solution-focused brief therapy principles.

  2. Competency courts: a creative solution for restoring competency to the competency process.

    Science.gov (United States)

    Finkle, Michael J; Kurth, Russell; Cadle, Christopher; Mullan, Jessica

    2009-01-01

    It is well accepted that jail is a poor setting for treating the acutely mentally ill, yet the number of mentally ill persons in jail has increased such that Los Angeles County Jail and Riker's Island in New York house more mentally ill than any psychiatric hospital. The number of mentally ill persons charged with a crime whose competency to stand trial is in question has also increased dramatically. Inefficiencies within the competency process result in mentally ill persons charged with crimes remaining in jail longer than necessary. One solution is "competency court", a specialty court within a mental health court. The same judges, attorneys, and mental health professionals staff both courts. By combining their Mental Health Court experience, they can work with the mentally ill using their expertise in competency law and processes, and thereby improve the competency process and reduce the unnecessary time that mentally ill persons spend in jail.

  3. Court reporters: a viable solution for the challenges of focus group data collection?

    Science.gov (United States)

    Scott, Shannon D; Sharpe, Heather; O'Leary, Kathy; Dehaeck, Ulrike; Hindmarsh, Kathryn; Moore, John Garry; Osmond, Martin H

    2009-01-01

    Focus group interviews are a common approach to data collection in qualitative research projects. They are, however, a method with the potential for methodological and pragmatic difficulties, many of which stem from transcribing focus group data from an audiotape. An alternative to postinterview transcription is the use of a court reporter. Advantages found using court reporters were increased accuracy, timely receipt of transcripts, less distraction for focus group facilitators, guaranteed confidentiality, time saved reviewing transcripts, and convenience. Because court reporters do not traditionally work in health research, there might be issues with medical terminology that require diligence on the part of the researcher to ensure that jargon is appropriately identified and transcribed. Using court reporters in rural areas might be cost-prohibitive because of travel expenses. Court reporters offer a viable and worthwhile approach to data transcription, and in our experience, have provided our research team with rich and accurate data.

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

    Science.gov (United States)

    Abeles, Norman

    2010-11-01

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

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

    Science.gov (United States)

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

    2011-11-01

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

  6. Did the APA misrepresent the scientific literature to courts in support of homosexual custody?

    Science.gov (United States)

    Cameron, P; Cameron, K

    1997-05-01

    In 1994, American Psychological Association amicus briefs informed two state Supreme Courts that (a) homosexual parents are not more apt to have homosexual children; (b) lesbians "score significantly higher than heterosexual parents" on a measure of parental effectiveness; and (c) no differences between the children raised by homosexuals and nonhomosexuals had been found "regardless of the geographic region within the United States where the children were raised." In fact, the evidence from these briefs shows to the contrary that (a) homosexual parents are more apt to have homosexual children; (b) the findings on parental effectiveness consisted of 15 fathers being less verbal than 45 mothers; and (c) the finding of no differences between homosexually and heterosexually raised children consisted of investigators visiting 11 states to test 89 offspring of 83 lesbian vs. 81 children of 69 nonlesbian volunteers. The APA's support for gay rights in these briefs may have violated its own ethical principles that "psychologists base their statements on scientifically acceptable psychological findings and techniques with full recognition of the limits and uncertainties of such evidence" and that psychologists must "provide thorough discussion of the limitations of their data, especially where their work touches on social policy" (APA, 1981).

  7. Sentencing convicted juvenile felony offenders in the adult court: the direct effects of race.

    Science.gov (United States)

    Howell, Rebecca J; Hutto, Tonya Spicer

    2012-01-01

    While research indicates that Black and Hispanic adults sentenced in the criminal court tend to be rendered more severe punishments than their White counterparts, only one prior study has examined whether this finding holds for juveniles tried in the adult system. The findings from this sole study need replication, however, since the effects posed by trial type were not taken into account and it is likely that the results are confounded by measurement error resulting from overlap in criminal sentencing. The current study addressed these issues by assessing whether race has a direct impact on waived juveniles being criminally sentenced to restitution, probation, or jail. Data were derived from a secondary, cross-sectional national dataset on felony juvenile offenders convicted in the adult system. Three hypotheses were tested. After controlling for a number of important legal and extra-legal predictors of sentencing, race differences in sentencing outcomes were observed and the findings yielded partial support for the hypotheses. The implications of the research are noted.

  8. 波鞋之变异Puma Go Court Laser

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    运动品牌商PUMA近年推出的鞋越来越不像波鞋,淡化了运动的功能性,取而代之的则是更多的潮流设计元素出现在新鞋中,所以,称PUMA此类鞋为“时装波鞋”比“运动波鞋”会更加贴切。处于运动界潮流最尖端的PUMA本季推出的全新“时装鞋”代表作Puma Go Court Laser上市,

  9. Nike Court Force High Lux 奢华外衣

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    Nike这次将使用在Air Force1中惯用的Lux的处理手法重新包装经典的Court Force High,这两双球鞋分别采用了黑色和灰色的单色顶级绒面革物料制作鞋面。而Lux系列的标志则印制在球鞋的后跟处。这是一款设计简洁的球鞋,与时下流行的色彩潮流截然不同.也许反潮流而行之也是体现纯粹经典的好办法。

  10. Sources of International Courts' Legitimacy: A comparative study

    DEFF Research Database (Denmark)

    Godzimirska, Zuzanna; Creamer, Cosette

    Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... the reasons why an IC is considered more or less legitimate in the eyes of a court’s constituents. This paper addresses this scholarly gap by identifying the sources of ICs’ legitimacy within the expressed views of one category of constituents: a court’s member states. Although we emphasize the importance...... of supply-side factors— the features, roles and practices of a court—in assessing its legitimacy, we argue that demand-side factors—namely the characteristics of the evaluating state—also largely determine the sources of an IC’s legitimacy. To support and illustrate this argument, we examine statements...

  11. The new sexual assault law: the victim's experience in court.

    Science.gov (United States)

    Sahjpaul, S; Renner, K E

    1988-08-01

    The questions asked of victims of sexual and physical assault by the prosecutor and defense were recorded and coded by courtroom observers. The defense in comparison to the prosecution treated both types of victims in a negative way. Sexual assault victims were subjected to more negative questions and required to give a more personal form of testimony than physical assault victims due to the strategies used by both the prosecution and the defense. Sexual assault cases were convicted less often than physical assault cases. It was concluded that the new law in Canada which replaced the offense of rape with one of "sexual assault" has not had its intended effect of reducing the burden on a victim when she testifies in court.

  12. Court rejects challenge to publication of pricing surveys

    Science.gov (United States)

    For the second time, the U.S. District Court in New York has upheld the right to publish surveys analyzing the prices of scientific journals. The decision is a significant confirmation of the legal protection given to a form of speech important to the scholarly community.In 1986 and 1988, the American Institute of Physics (AIP) and The American Physical Society (APS) published the results of surveys that analyzed the comparative prices of physics journals. Journals published by AIP and APS scored near the top of the rankings, and several of Gordon & Breach's (G & B) journals scored at or near the bottom. G&B sued AIP and APS in New York and in Europe, claiming that the publication of the survey results constituted false or misleading advertising.

  13. Forecasting the Senate vote on the Supreme Court vacancy

    Directory of Open Access Journals (Sweden)

    Scott J. Basinger

    2016-07-01

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

  14. Towards an international health market with the European Court

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2005-01-01

    This article examines the process through which a European healthcare dimension has been established and which has gradually extended the rights of European patients to cross-border healthcare. The integrative course has been charted by the legal activism of the European Court of Justice, whereas...... political voice has largely been absent. Judicial activism alone has applied the principle of the free movement of services to the policy field of healthcare, and thereby further energised the process. The political impact of this specific process of integration through law is, however, clear. The dynamic...... evolution of Community law has increasingly challenged the national instrument to retain health supply within own borders. Furthermore, the position of the European patient has been empowered by new individual rights, emanating from a supranational locus of rights against which the discretion exerted...

  15. Adaptive Programming Improves Outcomes in Drug Court: An Experimental Trial.

    Science.gov (United States)

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

    2012-04-01

    Prior studies in Drug Courts reported improved outcomes when participants were matched to schedules of judicial status hearings based on their criminological risk level. The current experiment determined whether incremental efficacy could be gained by periodically adjusting the schedule of status hearings and clinical case-management sessions in response to participants' ensuing performance in the program. The adjustments were made pursuant to a priori criteria specified in an adaptive algorithm. Results confirmed that participants in the full adaptive condition (n = 62) were more than twice as likely as those assigned to baseline-matching only (n = 63) to be drug-abstinent during the first 18 weeks of the program; however, graduation rates and the average time to case resolution were not significantly different. The positive effects of the adaptive program appear to have stemmed from holding noncompliant participants more accountable for meeting their attendance obligations in the program. Directions for future research and practice implications are discussed.

  16. The Unified Patent Court (UPC), Compulsory Licensing and Competition Law

    DEFF Research Database (Denmark)

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

    2014-01-01

    Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable to Europ......Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable...... that the UPC is likely to be less inclined to use them. To redress that problem we suggest that the UPC acknowledges the institutional biases of the court and looks for ways to include other values and interests than the proprietary values and interests of patent law....

  17. The International Criminal Court: a New International Instrument against Impunity

    Directory of Open Access Journals (Sweden)

    Xabier Deop

    2000-12-01

    Full Text Available Summary: On July 17, 1998 in Rome, the creation of an International Criminal Court (ICC was approved, its Statute to go into effect on ratification by 60 states. The ICC would have jurisdiction in judging the crime of aggression, the crime of genocide, crimes against humanity and crimes of war. This article presents the fundamental aspects of the ICC Statute with particular attention to the crimes placed under the Court’s jurisdiction, the carrying out of investigations of possible crimes, the rights of suspects and those charged with crimes, and sentencing. In conclusion, despite certain notable shortcomings, its very creation can be said to represent an important step against the impunity of the most serious international crimes.

  18. When Should Neuroimaging be Applied in the Criminal Court?

    DEFF Research Database (Denmark)

    Ryberg, Jesper

    2014-01-01

    When does neuroimaging constitute a sufficiently developed technology to be put into use in the work of determining whether or not a defendant is guilty of crime? This question constitutes the starting point of the present paper. First, it is suggested that an overall answer is provided by what...... is referred to as the “ideal comparative view.” Secondly, it is—on the ground of this view—argued that the answer as to whether neuroimaging technology should be applied presupposes penal theoretical considerations. Thirdly, it is argued that the retributivist theory of punishment is not well......-suited for delivering the sort of theoretical guidance that is required for assessing the desirability of using neuroimaging in the work of the criminal court....

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

    Science.gov (United States)

    Perkins, Jane

    2013-03-01

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

  20. [Hospitalization by court order: ethical dilemmas experienced by nurses].

    Science.gov (United States)

    Vargas, Mara Ambrosina de Oliveira; Ramos, Flávia Regina Souza; Schneider, Dulcinéia Ghizoni; Schneider, Nadir; dos Santos, Alessandra Ceci; Leal, Sandra Maria Cezar

    2013-03-01

    A qualitative study aimed at describing the situations experienced and the ethical dilemmas of nurses in the process of referring and receiving hospitalized patients by court order who require admission to the Intensive Care Unit (ICU). A partially structured interview was conducted with 10 nurses who worked in the ICU and 10 who worked in the Emergency Room (ER) in public and private hospitals in the metropolitan area of Porto Alegre, Brazil. The data was analyzed following the Semantic Analysis. The results indicated that nurses experienced ethical dilemmas associated with problems of overcrowding in emergency rooms and ICUs, poor specialized technology and orientation as to the benefits provided by law. We concluded that it is essential for nurses to participate in discussions that allow the planning of the different instances that have been promoting this often chaotic situation.

  1. Crimes against humanity: the role of international courts.

    Directory of Open Access Journals (Sweden)

    Eder Milton Schneider

    Full Text Available We study the role of international tribunals, like the International Criminal Court (ICC, as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

  2. An Orwellian scenario: court ordered caesarean section and women's autonomy.

    Science.gov (United States)

    Cahill, H

    1999-11-01

    Between 1992 and 1996, a small number of women in the UK were forced by the courts to undergo caesarean section against their expressed refusal. Analysis of the reported cases reveals the blanket assumption of maternal incompetence and the widespread use of thinly veiled coercion. Such attitudes and practices are themselves frequently compounded by inadequate communication. Medical discretion in such problematic cases seems to err on the side of safety and so appears to favour the life of the fetus over maternal autonomy. Despite current policy's placement of the pregnant woman at the centre of maternity care, obstetricians' concerns appear to lie more with the unborn fetus. In other words, there seems to be a point at which the value of fetal life begins to outweigh, not so much the life of the woman, but her right to self-determination, her plans and her choices. While it is important to acknowledge that these court ordered caesareans represent an unusual extreme within contemporary maternity care in this country, that they have happened brings into sharp relief some of the stereotypical assumptions about women. These are assumptions that underlie much of current medical practice and may compromise or disempower women in other ways during their experience of pregnancy and labour. Using the first and last of the six reported cases as contextual illustrations, this article focuses on the complex interplay of processes that have brought the medical profession to a position in which their own self-conviction and determination to do what they believe is best for their patients has resulted in gross denial of women's autonomy and the use of the law to override pregnant women's refusal of consent.

  3. Crimes against humanity: the role of international courts.

    Science.gov (United States)

    Schneider, Eder Milton; Iglesias, José Roberto; Hallberg, Karen; Kuperman, Marcelo Néstor

    2014-01-01

    We study the role of international tribunals, like the International Criminal Court (ICC), as an effective way of reducing the number and/or gravity of crimes against humanity. The action of the ICC is directed against leaders that promote or tolerate these kinds of crimes, that is, political authorities, army commanders, civil leaders, etc. In order to simulate the action of the ICC we build a hierarchical society where the most important leaders have the highest connectivity and can spread their points of view, or their orders, through a chain of less but still highly connected deputy chiefs or opinion chieftains. In this way, if they practice misconduct, corruption, or any kind of discriminatory or criminal actions against individuals or groups, it would very difficult and improbable that they will be prosecuted by the courts of their own country. It is to alleviate this situation that the ICC was created. Its mission is to process and condemn crimes against humanity though a supranational organism that can act on criminal leaders in any country. In this study, the action of the ICC is simulated by removing the corrupt leader and replacing it by a "decent" one. However, as the action of the corrupt leader could have spread among the population by the time the ICC acts, we try to determine if a unique action of the ICC is sufficient or if further actions are required, depending on the degree of deterioration of the human rights in the hypothetical country. The results evidence the positive effect of the ICC action with a relatively low number of interventions. The effect of the ICC is also compared with the action of the local national judiciary system.

  4. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

    Full Text Available The Principles of legality in crimes and punishments refer to the fact that an act is not considered a crime and deserves no punishment, until the legislator determines and announces thecriminal title and its penalty. In Iranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the mentionedprinciple. When there is no text or in the case of the silence or lack of law, the criminal judge is bound to issue the verdict of innocence. According to the Rome statute the court shall exercisejurisdiction over the crime of aggressions once a provision is adopted. And, according to the article 121 and 123 defending the crime and setting out, the condition under which the Court shall exercise jurisdiction with respect to crimes such as provision shall be consisted of the head of the general principle the relevant provision of the charter of the United Nations. The principle of legality is set out in article 22 to 24 of the ICC statute. These norms are derived from the customary law and the national law. Article 15, International Covenant on Civil and Political rights, states that no one shall be found guilty of any criminal offence based on an act or omission which did not constitute a criminal offence under national or international laws at the time when it was committed. Yet, in the context of prosecuting mass atrocities, genocide, crimes against humanity, and war crimes, international criminal law appears to be resigned to such a principle, if not openly including it. fact, that it may be considered the poor cousin of nullum crimen sine lege (no crime without law which has attracted far greater consideration in scholarship and jurisprudence.

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

    Directory of Open Access Journals (Sweden)

    E. Muscalu

    2014-12-01

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

  6. Measuring the benefits of open standards standards: Beyond the motion Gerkens and the Dutch Court of Audit report1

    NARCIS (Netherlands)

    Egyedi, T.M.; Enserink, B.

    2013-01-01

    In 2010 the Dutch Parliament (motion Gerkens) requested the Court of Audit to measure the benefits of using open standards and open source software for government IT. In its report of 2011 the Dutch Court of Audit concluded that there were hardly any benefits to be gained. The Court's underlying res

  7. 5 CFR Appendix A to Subpart A of... - Addresses for Serving Court Orders Affecting CSRS or FERS Benefits

    Science.gov (United States)

    2010-01-01

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

  8. The participation of juvenile defendants in the youth court. A comparative study of juvenile justice procedures in Europe

    NARCIS (Netherlands)

    Rap, S.E.

    2013-01-01

    This study revolves around the issue of the participation of juvenile defendants in the youth court. The European Court of Human Rights has put forward the notion that defendants should be able to participate effectively in a court hearing. Moreover, in international children’s rights law it is stip

  9. Teen Tobacco Court: A Determination of the Short-Term Outcomes of Judicial Processes with Teens Engaging in Tobacco Possession.

    Science.gov (United States)

    Langer, Lilly M.; Warheit, George J.

    2000-01-01

    Investigated the impact of a tobacco citation and subsequent court appearance on teens who possessed tobacco, examining offenders' attitudes and behaviors following citation and court appearance. Surveys and interviews indicated that being ticketed and appearing in teen tobacco court had significant, positive, short-term impacts on large numbers…

  10. Measuring the benefits of open standards standards: Beyond the motion Gerkens and the Dutch Court of Audit report1

    NARCIS (Netherlands)

    Egyedi, T.M.; Enserink, B.

    2013-01-01

    In 2010 the Dutch Parliament (motion Gerkens) requested the Court of Audit to measure the benefits of using open standards and open source software for government IT. In its report of 2011 the Dutch Court of Audit concluded that there were hardly any benefits to be gained. The Court's underlying res

  11. The European Union Court of Justice after the Treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2016-01-01

    Full Text Available Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed. The latest reform of the judicial system of the European Union, put into effect by the Lisbon Treaty, largely relies on solutions contained in the unaccepted Treaty on the Constitution for Europe. Novelties that this treaty brings could be grosso modo divided into several basic categories. First, there are organizational changes related to the different name and composition of the courts, appointment of judges and advocates-general and the formation of specialized courts. The new terminology and organization aims to provide a clear distinction between the Court of Justice of the EU, which is an aggregate term or generic designation for the entire judicial system of the Union, and special judicial bodies that enter into its composition. These are the Court of Justice as the highest authority, the General Court which is actually the renamed Court of First Instance, and specialized courts that replaced the judicial panels. The second category includes changes that expand the jurisdiction of the Court to certain new areas owing to the abolition of the former EU pillar structure and the dissolution of the European Community. On such a basis, an integration of court jurisdiction regarding the first and third pillar ensued, as the Court of Justice was vested with general and compulsory jurisdiction over the entire law created in the newly established area of freedom, security and justice. The exception is the area of common foreign and security policy, in which the Court's jurisdiction still remains excluded. The third type of amendment extends the scope of judicial reviews of the validity of acts adopted by EU institutions and enables authorized subjects an easier access to the Court. Their aim is to strengthen the rule of law within the legal system of

  12. La asistencia sanitaria en la corte de Isabel de Valois The sanitary care in Isabel de Valois ‘court

    Directory of Open Access Journals (Sweden)

    Guillermo A. Cañadas-De la Fuente

    2007-11-01

    Full Text Available Entre los documentos referentes al funcionamiento de la corte de la reina Isabel de Valois es posible encontrar datos fundamentales para conocer el quehacer de los profesionales médico-sanitarios en el siglo XVI, en este caso circunscritos al ámbito regio. La necesidad de velar por la salud de la Corte resultaba tan relevante como cualquier otro asunto digno de la atención del alto funcionariado encargado de la correcta marcha de los asuntos de Estado. Por este motivo, la gestión y administración de los recursos sanitarios del círculo cortesano generaron una interesante documentación, conservada en la sección Casa y Sitios Reales del Archivo General de Simancas, de la que en este artículo se analiza una significativa muestra.Among the documents concerning the functioning of Queen Isabel de Valois ‘court, it is possible to find fundamental information to know something about the duty of sanitary professionals in the sixteenth century, in this case circumscribe to the royal environment. The necessity to watch over the health of the court was as outstanding as any other matter worthy of the attention of the high civil servants in charge of the correct course in the state affairs. For this reason, the management and administration of the health resources in the court environment generated an interesting documentation preserved in Casa y Sitios Reales of the Archivo General de Simancas, and we will analyze a significant sample of it in this article.

  13. THE “NE BIS IN IDEM” PRINCIPLE IN THE CASE-LAW OF THE EUROPEAN COURT OF JUSTICE (II. THE ‘FINAL JUDGMENT’ AND ‘ENFORCEMENT’ ISSUES

    Directory of Open Access Journals (Sweden)

    Norel NEAGU

    2012-11-01

    Full Text Available Two major events occurred in the recent years have triggered a series of cases in the field of criminal law, having transnational dimension and requiring an identical interpretation of the European law in the Member States. The first one is the “communautarisation” of the Schengen Aquis. The second one is the extension of the jurisdiction of the European Court of Justice over the (former third pillar (Police and Judicial Cooperation in Criminal Matters. As a result, several cases were referred to the European Court of Justice for the interpretation, inter alia, of the dispositions of the Schengen Convention dealing with criminal matters. This article gives a general overview of the case-law of the European Court of Justice in the field of ‘ne bis in idem’ principle, shortly presenting the legal framework, the facts, the questions addressed to the Court by the national jurisdictions, the findings of the Court, as well as some conclusions on the interpretation of the principle. In this second study on the ‘ne bis in idem principle’ we will deal with the notion of ‘final judgment’ and ‘enforcement’ issues.

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

    Science.gov (United States)

    Chakhvadze, B; Chakhvadze, G

    2017-01-01

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

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

    Science.gov (United States)

    Yang, Y Tony; Kozhimannil, Katy B

    2016-02-01

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

  16. [Consequences of the judgment of the Federal Constitutional Court on the fighting dog problem].

    Science.gov (United States)

    Hülsenbusch, M

    2005-03-01

    The Federal Constitutional Court decided with its "Dangerous dog-judgment" about the constitutional complaint of 53 dog breeders on the federal act combating dangerous dogs. This judgment was a so-called Pyrrhic Victory for the appellants. The Court declared the legislative competence of the federal level in this issue for null and void. But the statutory prohibition for breeding Pitbull-Terrier-, American Staffordshire-Terrier-, Staffordshire-Bullterrier-, Bullterrier-races and cross breeding out of this dogs will be governed in police laws by the Laender finally. The Standing Conference of the Ministers for Internal Affairs declared an appropriate recommendation. The use of the category "race" was refused by experts in discussions as completely wrong and not acceptable. But the Federal Constitutional Court reasons that the legislator can use the category "race" within his scope of evaluation and prognostication in accordance with the Constitution for the ban of import of dangerous dogs. The Court demands--because of the weak data background - that the legislator monitors the legislation, to adjust it according to current developments. The Constitutional Court creates with the judgment "dangerous dogs" legal certainty. The jurisprudence of the administrative courts of the Laender and of the Federal Administrative Court based on the category "race" was approved as well as the police laws of the Laender dealing with dangerous dogs.

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

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2014-06-01

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

  19. The Universal Jurisdiction of South African Criminal Courts and Immunities of Foreign State Officials

    Directory of Open Access Journals (Sweden)

    Evode

    2015-12-01

    Full Text Available Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC, the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

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

    Directory of Open Access Journals (Sweden)

    Lucas Nogueira Garcez

    2014-03-01

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

  1. Domestic Violence and Private Family Court Proceedings: Promoting Child Welfare or Promoting Contact?

    Science.gov (United States)

    Macdonald, Gillian S

    2016-06-01

    Despite improved understanding regarding domestic violence, child welfare and child contact, and related policy developments, problems persist regarding how the family courts deal with fathers' violence in contested contact/residence cases. In the study reported here, analysis was undertaken of welfare reports prepared for the courts in such cases to investigate how and to what extent issues of domestic violence and children's perspectives on these issues were taken into account when making recommendations to the courts. Analysis found that despite evidence of domestic violence and child welfare concerns, contact with fathers was viewed as desirable and inevitable in the vast majority of cases.

  2. The Evolution of the Right of Individuals to Seise the European Court of Human Rights

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2010-01-01

    The year 2009 was a milestone for the European Court of Human Rights ("ECtHR" or "the Court") in at least two ways. On the bright side, the Court can celebrate its 50th anniversary and its continuous role as principal promoter of human rights in the now 47 Member States of the Council of Europe...... contains a detailed inquiry into the coming into existence of this central feature of the control machinery of European Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR" or "the Convention") that was labelled a breakthrough in the field of human rights as well as in general...

  3. [Patient information and professional responsibility: reversal of jurisprudence of the Court of cassation].

    Science.gov (United States)

    Rouanne, M; Lebret, T

    2012-01-01

    The Court of cassation is the highest court in the French judiciary. In a recent decision on June 3, 2010, the supreme jurisdiction quashed partially a court of appeal judgement. A patient developed erectile dysfunction following open prostatectomy for benign prostatic hyperplasia. The patient was not informed of this risk before the surgery. The judges recall that failure to provide information, including very exceptional risks, asserts in itself the physician's responsibility and allows financial reparation for patients. In accordance with this decision, a new jurisprudence in medical responsibility is born. Copyright © 2011 Elsevier Masson SAS. All rights reserved.

  4. Piracy Off the Coast of Somalia: The Argument for Pirate Prosecutions in the National Courts of Kenya, The Seychelles, and Mauritius

    Directory of Open Access Journals (Sweden)

    Milena Sterio

    2012-05-01

    Full Text Available

    This Article will argue that, in order to combat the rise of Somali piracy, major maritime nations should rely on national prosecutions of Somali pirates in the courts of stable regional partners, such as Kenya, the Seychelles, and Mauritius.  A systematic transfer program and prosecutions in the national courts of several regional partners would preclude the possibility of pirate catch-and-release, and could ultimately provide enough deterrence to seriously dissuade young Somali men from engaging in piracy.  The Somali pirates, enemies of all mankind, may find potent foes in the form of Kenyan, Seychellois, and Mauritian prosecutors, who will subject pirates to prosecutions on behalf of all mankind.

  5. A unified and efficient framework for court-net sports video analysis using 3D camera modeling

    Science.gov (United States)

    Han, Jungong; de With, Peter H. N.

    2007-01-01

    The extensive amount of video data stored on available media (hard and optical disks) necessitates video content analysis, which is a cornerstone for different user-friendly applications, such as, smart video retrieval and intelligent video summarization. This paper aims at finding a unified and efficient framework for court-net sports video analysis. We concentrate on techniques that are generally applicable for more than one sports type to come to a unified approach. To this end, our framework employs the concept of multi-level analysis, where a novel 3-D camera modeling is utilized to bridge the gap between the object-level and the scene-level analysis. The new 3-D camera modeling is based on collecting features points from two planes, which are perpendicular to each other, so that a true 3-D reference is obtained. Another important contribution is a new tracking algorithm for the objects (i.e. players). The algorithm can track up to four players simultaneously. The complete system contributes to summarization by various forms of information, of which the most important are the moving trajectory and real-speed of each player, as well as 3-D height information of objects and the semantic event segments in a game. We illustrate the performance of the proposed system by evaluating it for a variety of court-net sports videos containing badminton, tennis and volleyball, and we show that the feature detection performance is above 92% and events detection about 90%.

  6. Local court reforms and ‘global’ law

    Directory of Open Access Journals (Sweden)

    Richard Mohr

    2007-06-01

    Full Text Available This study considers court reform programmes sponsored by the IMF and World Bank in Indonesia and Venezuela. It aims to broaden the frame of reference of ‘globalisation’ in law beyond the two traditional sites of human rights and trade. Drawing on a tradition of legal pluralism, it investigates the various sources of ‘global’ or universalising pressures on the law. The sources and impacts of these efforts may derive from and benefit or disadvantage specific groups in various locations. They will also promote or inhibit particular political, social or economic projects. The study concludes that various constituencies and impulses to reform refer to different versions of the ‘universal’ for their conception of right and legitimacy. These are neither inherently local nor unambiguously global. Local religious or egalitarian movements may refer to universal religious or political values just as interests in fair commercial dealing can call on international legal norms. In contrast to the local sites where law is performed, these universal sites exist in a multitude of indigenous, religious, political and legal imagined communities, each of which may be invoked in attempts to reform local practice.

  7. Prospects of development of the court decrees enforcement system

    Directory of Open Access Journals (Sweden)

    Kristina Sergeyevna Morkovskaya

    2015-06-01

    Full Text Available Objective the relevance of the topic the insufficient level of its scientific elaboration predetermined the research objectives which consist in the analysis of the institution of enforcement proceedings the identification of key challenges trends and ways to improve the current system of court decrees enforcement. Methods the methodological basis of the undertaken research is scientific method of cognition in conjunction with certain specific scientific methods the laws of formal logic historical method comparative legal method and systematic analysis of theoretical works studied in this work. Results the emerging trends in the enforcement proceedings reform in the country cannot be considered to be satisfactory in general although some initiatives seem quite appropriate in case of the proper performance. If you the situation cannot be rectified with the execution of judicial decrees basing on own experience only it is necessary to pay attention to foreign practices and to provide citizens with the right to an effective judicial protection. Of all approaches to reforming of the enforcement institution analyzed in the article the preferred for the Russian legal reality is modernization of the existing nonjudicial system of enforcement through civil procedural means. Scientific novelty at present neither the civil procedure nor the general theory of law has not developed a unified understanding of the civil procedural tools for improving the efficiency of enforcement proceedings. Practical value the main provisions and conclusions of the article can be used in research and teaching when viewing the issues of the effectiveness of enforcement proceedings. nbsp

  8. Psychiatric evidence in criminal courts: the need for better understanding.

    Science.gov (United States)

    Muzaffar, Sajid

    2011-07-01

    The rules of admissibility of expert evidence from mental health professionals are not clear. The task of a psychiatrist providing expert opinion to criminal courts is far from clear. Psychiatric experts are trained in a particular set of ethical and philosophical frameworks. They have expertise in the diagnosis and management of behaviours arising from mental disorders. The concept of mental disorder itself is a dimensional one. Such a dimensional view of human behaviour and mental disorders is hard to fit into the categorical view of human behaviour that the law follows. The task of the psychiatric expert is to marry these two philosophically different branches. Such a task would be facilitated by clear rules of admissibility of expert psychiatric evidence, clear definition of the roles and limitations of psychiatric evidence in criminal cases, a better understanding and training of mental health professionals in legal principles and a better understanding by the legal professionals of the mental health concepts. This article aims to analyse the legal basis of the admissibility of expert mental health evidence, the differences in the philosophies of the two disciplines and the challenges in addressing legal criteria while staying faithful to the ethos of psychiatry and psychology.

  9. The Unified Patent Court (UPC), Compulsory Licensing and Competition Law

    DEFF Research Database (Denmark)

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

    2014-01-01

    Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable to Europ......Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable...... to European patents (with or without unitary effect) and to what extent the UPC will have competence to use these balancing instruments in cases brought before it. Our analysis shows that the UPC to some extent will have competence to use the balancing instruments mentioned, but also that there is a risk...... that the UPC is likely to be less inclined to use them. To redress that problem we suggest that the UPC acknowledges the institutional biases of the court and looks for ways to include other values and interests than the proprietary values and interests of patent law....

  10. How did the Supreme Court ruling on DOMA affect astronomers?

    Science.gov (United States)

    Rigby, Jane R.; The AAS Working Group on LGBTIQ Equality

    2014-01-01

    In June 2013, the United States Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 had barred the federal government from recognizing same-sex marriages. The decision in United States v. Windsor, made headlines around the world, and particularly affected astronomers, since astronomers in the US are more likely than the general population to be foreign nationals, to have a foreign-born spouse, or to work for the federal government. In this poster, we highlight some of the real-world ways that the Windsor case has affected US astronomers and our profession. Bi-national couples can now apply for green cards granting permanent residency. Scientists who work for the federal government, including NASA and the NSF, can now obtain health insurance for a same-sex spouse. From taxes to death benefits, health insurance to daycare, immigration to ethics laws, the end of S3 of DOMA has had profoundly improved the lives of US scientists who are lesbian, gay, bisexual, or transgender (LGBT). Here we, highlight several real-world examples of how DOMA's demise has improved the lives and careers of US astronomer.

  11. Labor and the Supreme Court: Significant Issues of 1992-96.

    Science.gov (United States)

    Hukill, Craig

    1997-01-01

    From 1992 to 1996, the Supreme Court decided a number of cases on labor law and employment law. Case topics included labor relations, pensions and benefits, employment discrimination, and privacy, free speech, and other issues in public sector employment. (JOW)

  12. Sustaining the natural and economical resources of the Lac Courte Oreilles, Leslie Isham; Jason Weaver

    Energy Technology Data Exchange (ETDEWEB)

    Isham, Leslie; Weaver, Jason

    2013-09-30

    The Lac Courte Oreilles Band of Lake Superior Chippewa Indians, located in northwest Wisconsin has developed a project, entitled Sustaining the Natural and Economic Resources of the LCO Ojibwe. This technical report is a summary of the project.

  13. ADMITTING GUILT IN COURT CASE IN ACCORDANCE WITH NEW LEGISLATIVE CHANGES

    Directory of Open Access Journals (Sweden)

    SIMONA TACHE

    2011-04-01

    Full Text Available Entry into force of the law no.202/2010 regarding some measures to speed up the trial processes already raises some problems of interpretation especially concerning cases that are pending. Such a situation was inevitable since the transitional provisions could not cover all situations arising in practice, and the law mentioned abovecreate some completely new institutions in our criminal law. But I believe that for the new institution of admitting guilt in court case, would be required to adopt transitional rules necessary to eliminate the controverses that arise and will arise in practice. As any new institution, admitting guilt in court case willrequire a certain period of time untill crystallize an unitary practice field, even more because the text contains some vague expressions. Unfortunately, the courts have no benefit yet of a fast and efficient mechanism for unifying the jurisprudence, and this fact will probably affect also the solutions that will be taken by the courts in this matter.

  14. Comparative study of victims' participation in special international criminal tribunals and the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Mohsen Lal alizadeh

    2015-12-01

    Full Text Available In special criminal tribunals before the establishment of the Court, in the first generation of tribunals, Nuremberg and Tokyo, Unfortunately, not only is there any notes to the rights and protections of victims, but also no mention of the term "victim" is seen. In the second generation trials, the former Yugoslavia, Rwanda and Sierra Leone, although there were some improvements compared to previous courts, but they did not dedicate a place more than witnesses to victims. International Criminal Court, influenced by the developments and experiences from previous international tribunals, has considered relatively broad participatory rights for victims in different stages and with different forms. Despite high limitations in victims' participation, the court jurisprudence has supported a broad interpretation of participatory rights. However, the judges are generally determining the deadlines, procedures and participation.

  15. Spatial Vegetation Data for Appomattox Court House National Historical Park Vegetation Mapping Project

    Data.gov (United States)

    National Park Service, Department of the Interior — This shapefile is an vegetation map of Appomattox Court House National Historical Park, Virginia. It was developed by The Virginia Department of Conservation and...

  16. Field Plot Points for Appomattox Court House National Historical Park Vegetation Mapping Project

    Data.gov (United States)

    National Park Service, Department of the Interior — This shapefile shows the location of vegetation sampling plots used for vegetation classification and mapping at Appomottox Court House National Historical Park

  17. Accuracy Assessment Points for Appomattox Court House National Historical Park Vegetation Mapping Project

    Data.gov (United States)

    National Park Service, Department of the Interior — This shapefile depicts the locations of thematic accuracy assessment sampling points used in the vegetation mapping of Appomottox Court House National Historical...

  18. Heinrich Schütz as European cultural agent at the Danish courts

    DEFF Research Database (Denmark)

    Moe, Bjarke

    2011-01-01

    by engaging musicians from his own circles, e.g. members of the Saxon Hofkapelle as well as members of his own family. Both Danish Courts, the King's and the Prince-elect's, enjoyed his contacts with several European musical centres, from where he among other things purchased new music. The paper shows......Based on recent studies of sources linked to the musical milieus at the Danish courts, this article argues that Heinrich Schütz acted as European cultural agent in musical affairs while staying in Copenhagen. As Kapelmester at the Danish Court (1633-35 and 1642-44) he built up the chapel...... that Schütz in his Danish engagement was far more than an esteemed composer. As cultural agent with contacts throughout Europe he played an important role in providing the Danish courts with desirable musicians and music. While staying in the Danish capital he extended his European network in a way so that he...

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

    Science.gov (United States)

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

    2009-10-01

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

  20. Court Buildings, Published in 2008, 1:1200 (1in=100ft) scale, Brown County, WI.

    Data.gov (United States)

    NSGIC GIS Inventory (aka Ramona) — This Court Buildings dataset, published at 1:1200 (1in=100ft) scale, was produced all or in part from Orthoimagery information as of 2008. Data by this publisher...

  1. Child’s right to be Heard in Chilean Family Courts: Confidential Hearing

    Directory of Open Access Journals (Sweden)

    Elena Salum Alvarado

    2016-04-01

    Full Text Available This work addresses the views family court judges have on The Right of Children to be heard (0-14 years and the importance they give this as one of the components of the Best Interests of the Child. This qualitative study is framed into the empirical Legal Sociology. To this effect, semi structured interviews to Family Court Judges were applied, focusing on Family Courts processes, specifically in the Confidential Hearing Audience. We argue that there would be a misalignment between the legislation which aims to give life to the Convention on the Rights of the Child’s guiding principles and Family Courts, specifically, on how this legislation plans on implementing the right to be heard.

  2. An Analysis of Court-Ordered Desegregation in Tennessee: Facts and Opinions.

    Science.gov (United States)

    Mauney, Connie

    1982-01-01

    Examines issues under three categories: strategies and plans for desegregation in rural school districts and small towns; the complexity of policy making in Memphis, Chattanooga, and Nashville school districts; and the record of federal courts in Tennessee. (RH)

  3. A Conversation with his Honour Chief Judge Michael Rozenes AO County Court of Victoria

    Directory of Open Access Journals (Sweden)

    Michael Rozenes

    2014-10-01

    Full Text Available VULJ Editors and invited students interviewed the Chief Judge of the County Court of Victoria, His Honour Michael Rozenes AO QC, on Tuesday 19 August 2014 at the College of Law & Justice, Victoria University.

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

    Science.gov (United States)

    Steinberg, Laurence

    2013-07-01

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

  5. A Study on the Standardization of Court Interpretation and Suggestions in China

    Institute of Scientific and Technical Information of China (English)

    张慧

    2016-01-01

    In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and main-tain the Chinese judicial system's positive international image, high quality interpretation of legal proceedings is extremely im-portant. This paper will analyze the nature of court interpreting and draw lessons from successful foreign practices. Moreover, some thoughts and suggestions will be presented for the establishment of national court interpreting standards in China.

  6. Minimum Vital of Drinking Water in the Jurisprudence of the Colombian Constitutional Court

    OpenAIRE

    Restrepo Gutiérrez, Elizabeth; Universidad Nacional de Colombia sede Medellín; Zárate Yepes, Carlos Alberto; Universidad Nacional de Colombia sede Medellín

    2016-01-01

    The minimum vital of drinking water for vulnerable people isprotected by the Colombian Constitutional Jurisprudence,locally and nationally. The Constitutional Court has created asolid jurisprudential line on the right to water in relation to thesuspension of water supply service for the customer’s failure topay for the service; this Court has also defined the conditionsnecessary for the companies to refrain from suspending serviceand the minimum amount necessary for survival. Compliance witht...

  7. Applicants' Perspectives on Paternity Testing in Court Cases: The Influence of Gender

    OpenAIRE

    2012-01-01

    In this paper, we analyse the gender differences in the assessment of paternity testing ordered by courts of law in Portugal. A representative sample of 146 men and women who undergo paternity testing ordered by the courts per year was chosen. The results show that both women and men attributed high importance to the scientific evidence of paternity, although women ascribed less importance to paternity testing than men. With regard to the reasons justifying paternity tests, 98.5% of men value...

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

    Science.gov (United States)

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

    2014-12-01

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

  9. The Hughes Court and Radical Dissent: The Case of Dirk De Jonge and Angelo Herndon

    OpenAIRE

    Tushnet, Mark V.

    2012-01-01

    Scattered Supreme Court decisions in the early twentieth century dealt with the Constitution’s protection of freedom of speech. Radical dissent over United States participation in World War I and the nation’s intervention against the Bolshevik revolution in Russia led the Court to its first sustained engagement with free speech cases. By the time Chief Justice Hughes took the center chair, the national government largely had abandoned its pursuit of radical dissenters, some of whom played la...

  10. [Baccio Baldini (1517-1589), protomedicus on the medical court between humanism and experimentalism].

    Science.gov (United States)

    Marinozzi, Silvia; Giuffra, Valentina; Kieffer, Fanny

    2015-01-01

    The article aims to shed light on some particular aspects of the activity and the scientific thought of Baccio Baldini, Director of the Laurentian Library and Court physician of the Medici family in Florence. The analysis of his work as a humanist and the recovery of some unpublished documents enable to define the figure of Baldini as a paradigmatic example of the court physicians of modern age in Italy, highlighting the complementarity between humanism and experimentalism in the Renaissance medicine.

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

    Directory of Open Access Journals (Sweden)

    Michael E. Solimine

    2008-04-01

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

  12. [Health of adolescents restricted under court order: self-esteem, perceived parental support, projects].

    Science.gov (United States)

    Laure, P; Meyer, C

    2014-10-01

    To describe certain aspects of the physical and mental health of adolescents with restricted or deprived liberty as ordered by the court within the Youth Judicial Protection Service (YJP), and their ability to project themselves into the future. Survey by on-line self-administered questionnaires. Among the adolescents, 373 were randomly selected with restricted or deprived liberty, in the Lorraine region (eastern France). The data were managed and analyzed using the Modalisa(®) 7.0 (Kynos, Paris, France) survey processing software. Depending on the type of variable, comparisons were made using the chi-square test or analysis of variance. The significance threshold used was Pself-esteem score was 32.4±6.4, roughly the same as their peers in the general population (girls, 28.2; boys, 33.2; Pparents. To our knowledge, these facts had never been explored among adolescents with restricted or deprived liberty. This study shows results that do not match the usual representation of these adolescents by healthcare or education professionals. The quality of the work during the educational support given by the YJP Service could help explain these results. These findings need to be explored further by additional studies, which could also aim to measure the impact on physical and mental health of the educational support given by Youth Judicial Protection Service. Copyright © 2014 Elsevier Masson SAS. All rights reserved.

  13. The structural linguistic complexity of lawyers' questions and children's responses in Scottish criminal courts.

    Science.gov (United States)

    Andrews, Samantha J; Lamb, Michael E

    2017-03-01

    In the first study to systematically assess the structural linguistic complexity of lawyers' questions of children in Scotland, we examined 56 trial transcripts of 5- to 17-year-old children testifying as alleged victims of sexual abuse. Complexity was assessed using 8 quantitative measures of each utterance's components (number of questions, phrases, clauses, sentences, false starts, average word count, word length, and sentence length) and a composite measure was used in the analyses. Lawyers did not alter the complexity of questions when prompting children of different ages. Defense lawyers asked more structurally complex questions than prosecutors. Directive questions were the least structurally complex questions, followed by option-posing questions. Suggestive questions, followed by invitations, were the most structurally complex questions. Option-posing and suggestive questions were more complex when asked by defense lawyers than prosecutors. Of suggestive questions, confrontation and tagged questions were more complex than any other question type. Increased structural complexity led to more unresponsiveness, more expressions of uncertainty, and more self-contradictions regardless of which lawyer asked, the question type, or the children's ages. These findings highlight the additional risks associated with asking some types of questions in structurally complex ways and highlight the need for further innovations (e.g., the use of intermediaries) to facilitate the questioning of vulnerable witnesses in Scottish criminal courts. Copyright © 2017 Elsevier Ltd. All rights reserved.

  14. Industrial relations conflict in Irish hospitals: a review of Labour Court cases.

    Science.gov (United States)

    Cowman, Jennifer; Keating, Mary A

    2013-01-01

    The purpose of this paper is to explore the nature of industrial relations (IR), and IR conflict in the Irish healthcare sector. The paper is based on a thematic analysis of Labour Court cases concerning hospitals over a ten-year period. The findings of the paper indicate that the nature of IR conflict is changing in healthcare. The paper suggests that alternative manifestations of IR conflict evident in the Irish healthcare sector include: absenteeism as a form of temporary exit; and resistance. The key groups in the sector are discussed in the context of their contrasting disputes. The themes which characterise negotiations are identified as precedent, procedure and partnership. The research was conducted in the healthcare sector, and thus its transferability is limited. Caution is also required as the research pertains to one national setting, which despite sharing some structural similarities with other health and IR systems, is a unique context. The paper highlights the importance of recognising IR conflict in its various forms. It is further suggested that managing the process of IR conflict may be significant in furthering change agendas. The value of the paper centres on the investigation of alternative manifestations of IR conflict in the healthcare sector.

  15. The psychiatric report as moral tool: a case study in a French district court.

    Science.gov (United States)

    Fernandez, Fabrice; Lézé, Samuel

    2014-09-01

    Mental health evaluation within a legal setting is widely seen as a power to judge. The aim of this paper is to challenge this current thesis, which was popularised by Michel Foucault, who encapsulated the notion in a brief sentence: "The sordid business of punishing is thus converted into the fine profession of curing" (Foucault, 2003: 23). On the basis of an ethnography of a French district court (between September 2008 and May 2009, n = 60 trials) including interviews with judges (n = 10) and psychiatrists (n = 10), we study the everyday penal treatment of sexual offenders using psychiatric reports. Our findings show how (i.) the expectations of the judges select the psychiatrists' skills (based on the following criteria for their reports: accessibility of knowledge, singularization and individualization of content) and (ii.) reframe the psychiatric report as a moral tool. The clinical reasoning of forensic psychiatrists in their reports offer moral affordances due to their clinical caution regarding the risk of recidivism (therapeutic and criminological reversal, moral prevention). Both the judges' evaluation and the psychiatrists' clinical authority are shaped by a moral economy of dangerousness, which eclipses the idea of lack of criminal responsibility. In conclusion, we show that these unintended effects are necessarily of interest to most clinical practitioners engaged in work as expert witnesses.

  16. Choice of Court Clauses and Lis Pendens under Brussels I Regulation

    Directory of Open Access Journals (Sweden)

    Ekaterina Ivanova

    2010-08-01

    Full Text Available The principle of party autonomy, known not only in the common law legal system but also in the civil law system, provides parties contracting in civil and commercial matters with the right to establish their own rules, as long as these rules do not contradict mandatory law. This right is presumed to be protected by the force of law. It follows, that when a choice of court clause is included in the contract, disputes are supposed to be solved by the court chosen by the parties. This principle is not compromised by the Brussels I Regulation (or previously, the Brussels Convention. Moreover, it is repeated in its Articles 1 and 23. At the same time, the rule of lis pendens, provided for by its Article 27, aims to preclude subsequent actions in other Member States if a court is already seized and allows the appearance 'on the legal scene' of a court other than the court chosen by the parties. And the lis pendens rule prescribes the latter to stay proceedings until the court not chosen, but first seized, examines and declines its jurisdiction.

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

    DEFF Research Database (Denmark)

    Broberg, Morten

    2016-01-01

    According to Article 267 of the Treaty on the Functioning of the European Union (TFEU), Member State courts may – and sometimes must – refer questions on the interpretation or validity of EU legal measures to the Court of Justice of the European Union for a binding preliminary ruling. But what ar......’s judgment, and there may also be a requirement on Member State administrative authorities to reopen the case file if, after the ruling by the Member State court, it becomes apparent that this court erred with regards to EU law....... are the consequences if a Member State court fails to make a preliminary reference in a situation where it was legally obliged to do so? The article shows that such failure may constitute an infringement of the right to a fair trial as laid down in Article 6(1) of the European Convention of Human Rights. It may also...... form the basis for a claim for damages under EU law. Moreover, it may instigate the European Commission to institute infringement proceedings against the Member State in question. Finally, in some situations, a failure to make a preliminary reference may affect the validity of the Member State court...

  18. Interpretative decisions in the practice of the Constitutional Court of Serbia

    Directory of Open Access Journals (Sweden)

    Rajić Nataša

    2014-01-01

    Full Text Available The relationship between the Constitutional Court and Parliament is marked by envolving process. The desired balance between these two state bodies was gradually disturbed by the Constitutional Court. Consequently, the substrate of the constitutional function originally designed as a function of 'negative legislator' is also changed in that process. Interpretative decision is one of the model of the activity of the Constitutional Court which makes questionable the position of the Parliament as a state body which regulates social relations in original form. Interpretative decision is an specific form of rejected decisions that contains binding instruction regading the interpretation of the norm, as a condition. This interpretation is given by Constitutional Court in order to make the norm in accordance with the Constitution. By the analysis of the practice of the Constitutional Court of Serbia, the paper has a task to determine wheter, to what extend and in what form the interpretative decisions occur in the work of the Court as well as to determine is there a clear constitutional base for establishing the jurisdiction of their adoption in our legal system.

  19. How judges think in the Brazilian Supreme Court: Estimating ideal points and identifying dimensions

    Directory of Open Access Journals (Sweden)

    Pedro Fernando Almeida Nery Ferreira

    2014-09-01

    Full Text Available We use NOMINATE (Nominal Three Step Estimation (Poole and Rosenthal, 1983, 1997 to estimate ideal points for all Supreme Court Justices in Brazil from 2002 to 2012. Based on these estimated preferences we identify the nature of the two main dimensions along which disagreements tend to occur in this Court. These estimates correctly predict over 95% of the votes on constitutional review cases in each of the compositions of the Court which we analyze. The main contribution of the paper is to identify that the main dimension along which preferences align in the Brazilian Supreme Court is for and against the economic interest of the Executive. This is significantly different than the conservative-liberal polarization of the US Supreme Court. Our estimates show that along this dimension the composition of the Court has been clearly favorable to the Executive's economic interests, providing the setting in which the dramatic transformation in institutions and policies that the country has undergone in last two decades could take place.

  20. Fair and accurate fact-finding in Dutch atrocity crimes cases

    NARCIS (Netherlands)

    Best, G.N.

    2016-01-01

    This dissertation examines the adjustments that Dutch courts have made to the practice of Dutch criminal procedure in order to overcome the evidential limitations of atrocity crimes cases and thereby ensure fairness of proceedings and accurate fact-finding. To this end, this study investigates and a