Psychologists and neuroscientists have recently been unearthing the unconscious processes that give rise to moral intuitions and emotions. According to skeptics like Joshua Greene, what has been found casts doubt on many of our moral beliefs. However, a new approach in moral psychology develops a learning-theoretic framework that has been successfully applied in a number of other domains. This framework suggests that model-based learning shapes intuitions and emotions. Model-based learning explains how moral thought and feeling are attuned to local material and social conditions. Philosophers can draw on these explanations, in some cases, in order to vindicate episodes of moral change. Explanations can support justifications by showing that they are not mere rationalizations. In addition, philosophical justifications are a fertile source for empirical hypotheses about the rational learning mechanisms that shape moral intuitions and emotions. Copyright © 2017 Elsevier B.V. All rights reserved.
Vaidya, Pushkar Ganesh
In January 2001, air samples were collected from Earth's stratosphere. From these air samples, cultures of three microorganisms were obtained. It was reasoned that these microorganisms are of cometary origin and thereby cometary panspermia stood vindicated. The fact that these microorganisms had essentially the same characteristics as terrestrial microorganisms was explained using cometary panspermia. Here, the findings are reinterpreted in the light of niche ecology and adaptations. It is as...
Vaidya, Pushkar Ganesh
In January 2001, air samples were collected from Earth's stratosphere. From these air samples, cultures of three microorganisms were obtained. It was reasoned that these microorganisms are of cometary origin and thereby cometary panspermia stood vindicated. The fact that these microorganisms had essentially the same characteristics as terrestrial microorganisms was explained using cometary panspermia. Here, the findings are reinterpreted in the light of niche ecology and adaptations. It is asserted that the microorganisms captured from the stratosphere cannot be of cometary origin as they are contrary to the kind of microorganisms one would expect to find in a cometary niche.
In this paper, I examine whether doxastic voluntarism should be taken seriously within normative doxastic ethics. First, I show that currently the psychological evidence does not positively support doxastic voluntarism, even if I accept recent conclusions by Matthias Steup that the relevant evide...... of this kind of descriptive vindication. However, a closer examination reveals that nothing obviously suggests that voluntarism provides a better regimentation of our ascription practices as compared to rival theses concerning human powers of doxastic control....
Natalya O. Borisova
Full Text Available In the present article author deals with problems, arising from the use of rules of limitation in the vindication of objects by the arbitration courts. Particular attention is paid to the determination of the initial moment of the limitation period, when real estate is reclaimed from others unlawful possession. Author notes, that there is some uncertainty, due to the beginning of term from the statute of limitations to claim vindication. The difficult is due to the fact that for the time of search of the lost (stolen things the owner cannot apply to the court for protection of violated rights, because the defendant, whose actions violated authority ownership, personally is not defined. At the same time the fact of the expiry of the limitation period is a separate ground for refusal in the lawsuit, in which case any of the other arguments in support of the declaration of the claim are not subject to review. Consequently, there is a question of how to define the starting point of the limitation period, when the owner was aware of the disposal of its ownership of certain things, but could not determine exactly who owns his thing, and to whom you must bring vindication requirement. Author analyzes existing legal acts, legal position of the judiciary branches. Author also examines views of Russian jurists. Author concludes that the moment of the period of limitation for the vindication of the claim has to be determined from the date, when the claimant knew of actual disposal of things from his possession, or when he found about the ground for challenging the registration of the property rights of the defendant.
This paper discusses Mary Wollstonecraft's "A Vindication of the Rights of Woman: With Strictures on Political and Moral Subjects" and "A Vindication of the Rights of Men" as books of philosophy about rational materialism. Based on an analysis of Lockean thought, as applied to the possibility of women's development of reason,…
Full Text Available http://dx.doi.org/10.5007/2175-8026.2011n61p073 This paper analyses François Verster’s A Lion’s Trail (2002, a documentary about the late musician Solomon Linda andhis hit song, Mbube. Linda died a pauper, despite the fact that his composition became one of the most commerciallysuccessful songs in the history of popular music. Considering the potentially substantial financial benefits due to SolomonLinda’s daughters as heirs to his intellectual property rights, the story of Mbube can easily be read as having a happy, ifsomewhat bittersweet, ending. This ending is remarkably similar to the grand narrative of the new and democraticSouth Africa; in the end, justice was served, although not everybody was around to enjoy it. Such readings, however,obscure certain aspects of the new South African realities. The power structures that enable the continuation of huge socioeconomicdisparities are still in place. We contend that the film’s characertisationof protagonists and antagonists in its narrative as well as the closure that is provided by the actions of Gallo allow viewers to overlook some key problems thatpersist in dominant assumptions about intellectual property, the ill-treatment of countless other black musicians during apartheid, as well as racialised class inequalities that persistnearly two decades after apartheid. The paper will commence with a brief description of Linda’s career in order to set the scene for our analysis of Verster’s documentary. This analysiswill be informed by insights into intellectual property; we will then relate these insights to a discussion of South Africa’sadoption of neo-liberal economic policies. In essence, we argue that, much like the country’s implementation of neoliberalstrategies like Black Economic Empowerment (BEE, the assumptions inherentin A Lion’s Trail about intellectual property vindicate capital and, by implication, the racialised classdivide in post-apartheid South Africa.
Full Text Available à travers l’étude contextuelle de l’un des pamphlets de John Lilburne, Liberty vindicated, le leader sans doute le plus charismatique de ceux que l’on a appelé les Levellers, nous nous intéressons à ce que l’on peut appeler l’invention de l’écrit de prison proprement politique. Le prisonnier n’y dénonce pas seulement l’iniquité de sa propre incarcération, mais met en accusation le système judiciaire et politique qui l’a conduit derrière les barreaux pour son activisme politique. Cette dénonciation s’appuie essentiellement sur le socle juridique qui protège les citoyens « libres », tel qu’il est possible de le dégager de la Magna Carta et de la longue jurisprudence de la Common Law. Cette base strictement légale permet à Lilburne de dénoncer toute forme de détention arbitraire ou abusive (tribunaux d’exception, prison pour dettes, etc., mais aussi les conditions de détention auxquelles sont soumis les prisonniers. Elle lui permet enfin de pousser jusqu’à remettre en cause la prison pénale elle-même et même, au nom du droit fondamental des citoyens à la liberté, toute forme d’incarcération prolongée, c’est-à-dire, foncièrement, l’institution carcérale elle-même.Through the contextual study of one of the pamphlets, Liberty vindicated, due to John Lilburne, the most charismatic leader of the so-called Levellers, we are interested in what we may call the invention of the prison’s political writing. The prisoner not only denounces the iniquity of his own imprisonment, but the juridical and political system that led him in jail for his political activism. This denunciation is based primarily on the legal basis which protects “free” citizens, which one can drawn from the Magna Carta and the common law jurisprudence. This strictly legal basis allows Lilburne to denounce all forms of arbitrary and abusive detention (special courts, imprisonment for debt, etc., but also the bad
Nankivell, R.; And Others
Presents court briefs for three separate constitutional issues: the individual right to die as tested in the "Cruzan v. Missouri Department of Health" case; constitutional rights and drunk driving; and student religious clubs' right to meet at public schools in accordance with the Equal Access Act of 1984. Analyzes court opinions and…
Heward, Michelle E.
Explains that youth courts are alternatives to the juvenile justice system in which trained youth volunteers hold youthful offenders accountable for their wrongful actions. Discusses the reasons for the increased popularity of youth courts, the differences between juvenile and youth courts, and the effects the changes in juvenile courts have on…
Sheridan, William H.; Freer, Alice B.
This bibliography provides a listing of journal articles on such topics as: the abused child, adoptions, case decisions, confessions, constitutional law, counsel, court administration and organization, courts, criminal law and procedure, custody, delinquency, domestic relations, due process for juveniles, evidence, family court and family law,…
Ida Ayu Made Puspani
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
Williams, Charles F.
States that in the past juvenile courts afforded children with fewer rights than criminal courts accorded to adults accused of the same crimes. Reviews three U.S. Supreme Court cases that affirmed the constitutional rights of juvenile offenders and changed juvenile court proceedings. Discusses whether the juvenile death penalty violates…
McLeod, David; McLeod, Roger David
Flatland electron loop strings have transversely vibrating neutrino strings. Traveling waves TWs alternately become upwardly deflecting standing waves SWs along each half-wave segment between non-vibrating node pairs. Descending SWs revert to TWs at flatland, proceeding to the next adjacent nodal pair; folding continues. New SWs descend, then ascend; repetition follows to a three dimensional object. Broken ``linear'' electron string and spring constant compress within stars so linear mass density allows incorporation into stable three-ring proton string, creating neutron of two down quarks, one up. It is unstable; it lacks overpass-underpass interlocks of proton that merged linear charge density of two up quarks and one down quark with the electron, becoming neutral. Any transversely aligned neutron notch pushed into acceptor notch of proton is ionized deuterium; tritium follows. Alpha particle is a stable ``tic-tac-toe'' grid. Atom building proceeds routinely, nucleon attachment follows chemical and physical property requirements. Models require vindication of Schr"odinger's actual, but incomplete, wave model of electron with physical extent over his wave, and question Heisenberg's uncertainty proposal.
McLeod, David; McLeod, Roger
The electron model used in our other joint paper here requires revision of some foundational physics. That electron model followed from comparing the experimentally proved results of human vision models using spatial Fourier transformations, SFTs, of pincushion and Hermann grids. Visual systems detect ``negative'' electric field values for darker so-called ``illusory'' diagonals that are physical consequences of the lens SFT of the Hermann grid, distinguishing this from light ``illusory'' diagonals. This indicates that oppositely directed vectors of the separate illusions are discretely observable, constituting another foundational fault in quantum mechanics, QM. The SFT of human vision is merely the scaled SFT of QM. Reciprocal space results of wavelength and momentum mimic reciprocal relationships between space variable x and spatial frequency variable p, by the experiment mentioned. Nobel laureate physicist von B'ek'esey, physiology of hearing, 1961, performed pressure input Rect x inputs that the brain always reports as truncated Sinc p, showing again that the brain is an adjunct built by sight, preserves sign sense of EMF vectors, and is hard wired as an inverse SFT. These require vindication of Schr"odinger's actual, but incomplete, wave model of the electron as having physical extent over the wave, and question Heisenberg's uncertainty proposal.
Improving Labour Courts in Mexico: The Case of Cuautitlan. Outdated and inefficient labour laws and courts make it difficult for workers in Mexico to resolve labour disputes and secure compensation. Although Mexico has rebounded from its 2009 ... Journal articles. Delay and corruption : a simple model with empirical tests ...
Kessler, Comte Harry; Drost, Julia; Kirchner, Thomas; Kostka, Alexandre; Le Normand-Romain, Antoinette; Raulff, Ulrich; Recht, Roland
Le comte Harry Kessler (1868–1937) est une figure essentielle de la vie des arts en Europe à la fin du XIXe et au début du XXe siècle. Sa triple éducation allemande, anglaise et française le voue dès l’origine à une mobilité qui devient bientôt le maître-mot de son existence de collectionneur et de mécène, de critique, de directeur de musée. Resté longtemps inédit, le Journal qu’il a tenu pendant près de soixante ans en est le dépôt et le témoin assidu. Les quelque dix mille pages manuscrites...
Reinhold Lenz, Jakob Michael
Je dois, mon cher Goethe, pour la bonne compréhension de ce que tu vas lire, te faire part avant tout de quelques informations. J’ai écrit ce journal sous les yeux de mon pire ennemi, dont j’étais tributaire, dans une langue qu’il ne comprenait pas et d’où j’ai traduit littéralement ce qui suit. Il regardait de temps en temps par-dessus mon épaule. Scipion, avec qui j’avais fait un voyage en Allemagne, avait à X une promise dont il dut à plusieurs reprises s’éloigner pour des périodes de quat...
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....
Coyle, Heather; Drell, Dan
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
Richardson, L. Anita
Identifies and discusses recent decisions and upcoming cases of the Supreme Court that are likely to be of interest to teachers. Educational issues addressed include Internet access and censorship, affirmative action, sexual harassment, drug testing, and the separation of church and state. Includes a brief description Supreme Court duties. (MJP)
Mohr, Lawrence B.
Discusses the applicability of organizational theory to the analysis of American courts. Considers various decision-making models as they apply to courts, including the "firm,""rational,""garbage can," and "political" models. Available from Executive Office, Law and Society Association, University of Denver College of Law, 200 West 14th Avenue,…
Croom, Adam M
This article provides a critical analysis of the situationist challenge against Aristotelian moral psychology. It first outlines the details and results from four paradigmatic studies in psychology that situationists have heavily drawn upon in their critique of the Aristotelian conception of virtuous characteristics, including studies conducted by Hartshorne and May (1928), Darley and Batson (Journal of Personality and Social Psychology 27:100-108, 1973), Isen and Levin (Journal of Personality and Social Psychology 21:384-388, 1972), and Milgram (Journal of Abnormal and Social Psychology 67:371-378, 1963). It then presents ten problems with the way situationists have used these studies to challenge Aristotelian moral psychology. After challenging the situationists on these grounds, the article then proceeds to challenge the situationist presentation of the Aristotelian conception, showing that situationists have provided an oversimplified caricature of it that goes against the grain of much Aristotelian text. In evaluating the situationist challenge against the actual results from empirical research as well as primary Aristotelian text, it will be shown that the situationist debate has advanced both an extreme, untenable view about the nature of characteristics and situations, as well as an inaccurate presentation of the Aristotelian view.
Godwin, Tracy M.
Youth courts provide communities with an opportunity to impose immediate consequences for first time youthful offenders, while providing a peer operated disposition mechanism that constructively allows young people to take responsibility, be held accountable, and make amends for violating the law. Dispositions hold youth accountable in part…
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.…
Full Text Available The maternal figure as an explicit or oblique image of the Spanish nation has undergone a good share of indignities throughout the modern cultural history of the country, from the nineteenth-century Mater Dolorosa to the stepmother of those forced into exile after the civil war, from the terrible matriarchs of Benito Peréz Galdós, Federico Garcia Lorca and Camilo José Cela to the patriarchal mothers of Spanish oppositional cinema in the final phase of the dictatorship and first years of the democratic transition. This latter avatar of the Spanish mother, so well reconstructed by Marsha Kinder, had the bewildering destiny of being both the displaced incarnation of authoritarian power and the object of the rebellion and the violent ire of her offspring. After the demise of the Franco regime, one of the most urgent tasks of the new democratic period was to produce a redefinition of the Spanish national identity, sequestered and monopolized for so many years by the ideological patchwork of the dictatorship. Towards that end, contemporary Spanish cinema has undertaken an extraordinary revision and vindication of the mother against the dire history of her evil or martyred antecedents, as a fundamental, though subtle, gesture in the attempt to rebuild, suture, and make over the nation.
Devol, Kenneth S., Ed.
This book provides a collection of major cases and selected reprints of important articles from leading law journals, about obscenity, censorship, rights of privacy, and other First Amendment problems. The 50 Supreme Court decisions and 17 interpretive articles examine the legal activism of the Warren and Burger courts, from the 1960s through the…
Full Text Available This paper documents a judicial reform case study in the world’s most populous Islamic country that has involved increasing access to the courts for disadvantaged groups. The process began with an Access and Equity Study in the area of family law conducted by the Religious Courts of Indonesia in partnership with the Family Court of Australia as well as Indonesian research institutes and an NGO for female heads of household. The key findings of that study showed that the 50% of Indonesia’s citizens living below $2 a day would face challenges in bringing their family law cases to the Religious Courts, something that is mandatory under Indonesian law. The paper documents the steps taken by the Religious Courts over the last five years to increase access to the courts for disadvantaged groups, principally women, the poor and those living in remote areas. It is estimated that 30-40,000 Indonesian citizens facing financial and other forms of disadvantage will access the Religious Courts for their family law cases during 2011as a result of court fees being waived or a circuit court visiting their locality. The paper also highlights why legalising marriage and divorce and the provision of birth certificates (requiring a legal marriage certificate are important for female heads of household and the families they support in terms of accessing broader public services, such as education and health.
Hansen, Kim Toft
established as early as the 6th Century AD, whereas the first substantial evidence of the tradition is from 13th Century and the first Chinese crime fiction novels were written during the 17th Century. This article is, then, a corrective for the international history of crime fiction based on numerous...... 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...
Omar, Siti Zobidah; Mageswari MUSALAYAH; Abdullah, Amini Amir; Tamam, Ezhar
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 w...
Mulley, Graham P
There are two major European Courts, the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ECJ deals with legal matters, mainly involving the interpretation of EU law and ensuring that the law is applied evenly across all 27 EU member states. The ECHR aims to make certain that civil and political rights of citizens in the 46 member states of the Council of Europe are observed. Most cases involving older citizens are about social policy (such as pension arrangements, equality, age discrimination and mandatory retirement). There have been few cases dealing with patients' rights, long-term care or housing. Referrals of selected cases involving old people should be considered if their rights are not being protected. In this Commentary, there is an account of how these Courts have evolved, together with guidance on whom to refer, to which Court, and when and how referrals should be made.
William C. Fuller
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...
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....
A Paris court last week challenged a 1993 law that makes it a criminal offense to obstruct abortions. The court acquitted nine anti-abortion protestors who had broken into the maternity ward of the public hospital Pitie-Salpetriere last November and prayed at the entrance of a ward where patients are admitted for abortions. The judges ruled that the protestors had not interfered with abortions being carried out because none were taking place at the time of the demonstration; furthermore, the judges stated, because the fetus could be considered a person (child), the protestors were protected by other laws which give immunity to those breaking a law in order to protect another person's life, or to defend a child that had been abandoned. The court continued to say that a fetus should be protected, whether or not it was considered a person, because it was definitely more than nothing. The Syndicat de la Magistrature, the association of French magistrates, believes the tribunal has denied the right to abortion guaranteed in the 1975 law. Veronique Neietz, who drafted the 1993 law, was "scandalized" by the decision and believes the decision of the court was made in retribution for a recent parliamentary decision to exclude anti-abortion protestors from the general amnesty given after presidential elections to minor offenders. During the same week of this court decision, two tribunals, in Lyons and in Bourg-en-Bresse, sentenced 45 anti-abortionists to suspended prison terms with fines.
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,…
This paper reports on an on-going investigation of conversational implicature in triadic speech events: Interpreter-mediated questionings in criminal proceedings in Danish district courts. The languages involved are Danish and English, and the mode of interpreting is the consecutive mode....... The court interpreters are all state-authorized court interpreters and thus fully competent professionals. The centrality of pragmatics in triadic speech events has been demonstrated by a number of studies (e.g. Berk-Seligson 2002, Hale 2004, Jacobsen 2002). Thus, conversational implicatures, which...... are a normal part of any interaction, occur also in courtroom interaction where questions and answers are not always entirely explicit and straightforward. However, preserving degrees of ambiguity and non-explicitness is very difficult for interpreters who may have to resort to certain strategies to translate...
This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine...... approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...... 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...
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...
Articles 259 and 273 TFEU allow for the jurisdiction for the Court of Justice of the European Union to adjudicate on inter-state disputes between EU Member States, subject to the fulfilment of certain conditions set down in the treaties. Article 259 TFEU relates to inter-state enforcement of Unio...
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.
Montserrat GONZÁLEZ FERNÁNDEZ
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.
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...
The governance of economic sectors in Europe has over the past decades been characterized by several important shifts. Two of the most notable shifts are those from state to market governance and from state to court governance. The first shift is the result of a coherent set of policies that have
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.
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…
Tang, Yi Shin
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...
Damgaard, Ciara Therése
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...
Van Geel, Tyll
In response to an article by Hugh Breyer in 1991 in this journal, discusses the U.S. Supreme Court's ruling in "Employment of Oregon Department of Human Resources v. Smith" that the peyote religious service was not constitutionally protected and explains its implications for cases like "Mozert v. Hawkins Public Schools." (31…
Russo, Charles J.
In the opening sentence of his May 1949 article in this journal, Ward W. Keesecker was on the mark in writing, "What the Supreme Court of the United States has said pertaining to State school administration and how their decisions affect the rights and privileges of individuals are matters of wide interest and concern to school business officials…
Three research questions are addressed: What records management challenges are facing the Kenyan Judiciary? ... and filing documentation; the lack of records management policies; inadequate staff capacity, limited awareness about the value of sound records management; limited use of ICT and inadequate budgets.
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.
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…
Full Text Available The paper compares the defence of animals in two texts which promote a vegetable diet: in Plutarch’s essay from Moralia, On the Eating of Flesh, and Shelley’s essay A Vindication of Natural Diet. The paper focuses on the conceptualisation of animals and consideration of their moral status in both texts and on Shelley’s treatment of Plutarch’s ethical argument. Anthropocentric conceptions of animals and their moral status, based on the logic that all and only human beings deserve to be treated on the principles of moral consideration because all and only human beings possess reason, linguistic intelligence and self-awareness, have their roots in Aristotle and in particular in Stoic thought. The canonical Stoic position is based on the cosmological principle, by which each being has a specific place in the scheme of the cosmos, whereby this proper place is determined by the capacities of the being; the highest place belongs to those beings who are capable of rational contemplation. The implication of this position is the categorical denial of the duty of justice toward animals, and the ultimate implication is the denial of any direct duties toward animals: animals as fundamentally inferior to rational beings have only instrumental value in the cosmic scheme of things and exist only for the benefit of rational beings. Plutarch’s texts on animals in his early work (Whether Land or Sea Animals Are Cleverer, Beasts Are Rational, On the Eating of Flesh represent the first and most spirited de- fence of the capacities and moral status of animals, directed against the Stoic position. In contrast to the Stoics, Plutarch argues that animals have inherent value, and ultimately calls for a justice relationship between human beings and animals on the basis of their experiental capacities. Plutarch defends the view that animals have a fundamental interest to live on the basis of recognising animal perceptual awareness. He advocates the moral
constitutional courts defend the scope for political autonomy – Against national constitutional courts' displacement – Simmenthal II – After the ‘Rights Revolution’ in Europe – National constitutional courts' references to the ECJ – Ordinary courts challenging national constitutional courts through......Going beyond ‘judicial dialogues’ and ‘conflict-and-power’ approaches to the analysis of national constitutional courts' role in the EU – The idea of European constitutional democracy – National constitutional courts constrain individual autonomy expanded by European integration – National...... the preliminar y reference procedure – Parallel references – National constitutional courts enforcing EU law – National constitutional courts challenging EU law...
Burriss, F Antoinette; Breland-Noble, Alfiee M; Webster, Joe L; Soto, Jose A
Juvenile mental health courts for adjudicated youth. To describe the role of psychiatric nurses in reducing mental health disparities for adjudicated youth via juvenile mental health courts. ISI Web of Knowledge; Sage Journals Online; HighWire; PubMed; Google Scholar and Wiley Online Library and websites for psychiatric nursing organizations. Years included: 2000-2010. Juvenile mental health courts may provide a positive and effective alternative to incarceration for youth with mental health problems with psychiatric nurses playing a key role in program implementation. © 2011 Wiley Periodicals, Inc.
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.
In South Africa there are no models of court interpreting to serve as a guide for court interpreters when performing their task. This is because there is no proper definition of the role of a court interpreter. Models of court interpreting define and describe the process by stating what court interpreters are actually doing when ...
... tribes removed from the list are the Seminole Nation, the Miami Tribe, the Wyandotte Tribe, the Choctaw... interim final rule published and effective on March 3, 2013, addressing the addition of two Indian tribes to the list of tribes with Courts of Indian Offenses (also known as CFR Courts), and deletion of five...
Butts, Jeffrey A., Ed.; Roman, John, Ed.
Juvenile justice officials across the United States are embracing a new method of dealing with adolescent substance abuse. Importing a popular innovation from adult courts, state and local governments have started hundreds of specialized drug courts to provide judicial supervision and coordinate substance abuse treatment for drug-involved…
Feld, Barry C.
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)
This article discusses the interpretations of the court's ruling in "Parents Involved in Community Schools v. Seattle School District 1." The decision handed down June 28, the last day of the Supreme Court's term, does not prohibit school districts from voluntarily integrating schools as long as the school district meets certain legal…
Bell, Margret E; Perez, Sara; Goodman, Lisa A; Dutton, Mary Ann
Although most battered women seeking formal help have some contact with court, limited research exists on what they find helpful and harmful about these experiences. Using qualitative data from low-income, largely Black battered women, this study finds that issues related to court outcomes, such as case disposition and enforcement, are important to evaluations of helpfulness. More frequently mentioned, however, are court processes, including treatment by staff, process length, and public disclosure. Results highlight the importance of research and practice attending to issues beyond court outcomes, as well as the potential impact supportive treatment at court may have for victims' recovery.
After the publication of "Fabrica," Andreas Vesalius entered the Spanish court and became a court physician to Charles the Fifth, Holy Roman Emperor, and then to Philip the Second, Spanish king. The author studied this process and its historical background. The ancestors of Vesalius had close relations with the Hapsburgs and the dukes of BUrgundy, and served them as court physician or a court pharmacist. Vesalius was born in Brussels, obtained his degree at the University of Padua, Italy, became professor of anatomy and surgery there, and published "Tabulae Anatomicae Sex" and "Fabrica."In the ear of the Spanish court, the treatments of Henry the Second, French king, and of Don Carlos, Spanish crown prince, are famous among Vesalius' medical contributions. In the year of his resignation, Charles the Fifth conferred the title of count palatine on Vesalius.
The petitioners, April Love and others, were convicted of soliciting acts of prostitution, and were ordered to undergo AIDS testing and counseling in compliance with the California Penal Code. Love challenged the mandatory testing as unconstitutional under the Fourth Amendment and the Fourteenth Amendment's due process and equal protection clauses. The First District Court of Appeal found that the testing complied with the "special needs" exception to the Fourth Amendment's prohibition of unreasonable searches, because the statute's testing and counseling provisions made prostitutes aware of the HIV risk to themselves and others. Further, because the Legislature could reasonably link AIDS transmission and prostitution, the statute comported with due process. Lastly, the statute was held to fulfill equal protection requirements, because use of the blood test's information was restricted equally among various offenders.
Nau, Melissa L; McNiel, Dale E; Binder, Renée L
Although mental state defenses frequently are raised in cases of infanticide, legal criteria for these defenses vary across jurisdictions. We reviewed outcomes of such cases in states using M'Naughten or model penal code (MPC) standards for insanity, and the factors considered by the courts in reaching these decisions. LexisNexis and Westlaw searches were conducted of case law, legal precedent, and law review articles related to infanticide. Google and other Internet search engines were used to identify unpublished cases. Despite the differing legal standards for insanity among states, the outcomes of infanticide cases do not appear to be dependent solely on which standard is used. The presence of psychosis was important in the successful mental state defenses. This case series suggests that states that use the stricter M'Naughten standard have not been less likely than states with an MPC standard to adjudicate women who have committed infanticide as not guilty by reason of insanity.
Field, Thomas G. Jr. [Franklin Pierce Law Center, Concord, NH (United States)
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.
This article intends to examine Hans Kelsen's contribution to the establishing of the first Austrian Constitutional court, analyzing the key differences between Kelsen's model of Constitutional court...
Full Text Available The management and administration of the courts in Ireland had remained essentially unchanged since the Courts of Justice Act of 1924, which provided for the courts system of the new State shortly after independence. The 1924 regime left a vacuum, failing to address the need for an independent administrative structure for the Courts. There was, for example, no Department such as the Lord Chancellor’s Department. Under the Act, the Department of Justice managed the Courts and their funding apart from judicial salaries. Those arrangements followed what is often loosely referred to as the “Ministry of Justice” model. Responsibility for the provision of budgetary, staffing and other resources, and the management of those resources, rested with the Department of Justice, Equality and Law Reform, as it is now known, through its Courts Division. As distinct from the allocation of business before the courts, the Judiciary – although it might be consulted and make representations – had little input into the allocation of resources or the way in which they were deployed.
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
Young, S A
The military courts have developed a rich case law tradition in the area of rape trauma syndrome testimony. These cases are particularly important in the context of a military that is both increasingly female and increasingly sensitive to mixed gender relationships. This article reviews the military court's approach to rape trauma testimony over the past 15 years. The author notes that military courts have been accepting of this testimony within certain well defined limits. The author analyzes the approach to testimony at one military medical center and offers a testimony model for the forensic psychiatrist who testifies in a military setting.
Jensen, Cathrine Ulla; Panduro, Toke Emil; Lundhede, Thomas
In this article we quantify the marginal external effects of nearby land based wind turbines on property prices capitalized through traded residential properties located within 2,500 meters or less. We succeed in separating the effect of noise and visual pollution from wind turbines. This was ach......In this article we quantify the marginal external effects of nearby land based wind turbines on property prices capitalized through traded residential properties located within 2,500 meters or less. We succeed in separating the effect of noise and visual pollution from wind turbines....... This was achieved by using a dataset covering 21 municipalities and consisting of 12,640 traded residential properties sold in the period 2000-2011. We model the hedonic price function in two steps. First we detrend data across municipalities using a pooled cross sectional model which allows for different price...... trends across municipalities. Second we control for spatial autocorrelation by using explicit spatial models. Properties affected by noise and visual pollution from wind turbines are identified using Geographical Information Systems. Our results show that wind turbines have a significant negative impact...
Jensen, Cathrine Ulla; Panduro, Toke Emil; Lundhede, Thomas
In this article we quantify the marginal external effects of nearby land-based wind turbines on property prices. We succeed in separating the effect of noise and visual pollution from wind turbines. This is achieved by using a dataset consisting of 12,640 traded residential properties located...
This first complete English language edition of Euclides vindicatus presents a corrected and revised edition of the classical English translation of Saccheri's text by G.B. Halsted. It is complemented with a historical introduction on the geometrical environment of the time and a detailed commentary that helps to understand the aims and subtleties of the work. Euclides vindicatus, written by the Jesuit mathematician Gerolamo Saccheri, was published in Milan in 1733. In it, Saccheri attempted to reform elementary geometry in two important directions: a demonstration of the famous Parallel Postulate, and the theory of proportions. Both topics were of pivotal importance in the mathematics of the time. In particular, the Parallel Postulate had escaped demonstration since the first attempts at it in the Classical Age, and several books on the topic were published in the Early Modern Age. At the same time, the theory of proportion was the most important mathematical tool of the Galilean School in its pursuit of the...
Adalmir Oliveira Gomes
Full Text Available To handle increasing caseloads, the judicial systems of several countries have adopted three main strategies: developing new standards and judicial procedures; investing in information and communication technologies; and hiring additional judicial staff. This paper investigates the impact of this third strategy on the performance of Brazilian courts. We use multiple regression analysis to test an array of related hypotheses about the complex interactions between the number of judicial staff and court productivity. The empirical research uses ten-year (2003-2012 data from 27 Brazilian courts. The main findings indicate that the number of judicial assistants has a positive influence on court productivity, and the number of assistants mitigates the positive relationship between court caseload and court productivity. The results are discussed and further studies are suggested.
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Full Text Available There is a growing trend in some of the world’s most advanced western democracies of entrusting certain “framework” aspects of court administration to independent judicial agencies. This trend was highlighted in my recent study of the models of court administration, in which I examined court governance systems in seven Australian and international jurisdictions.This article will focus on the reasons behind the establishment of such agencies and the need for judges and policy makers to clearly identify the problems, aims and drivers for reform before embarking on a mission to adopt a particular “model.” At first, this may seem like an obvious proposition; however, recent experience in overseas jurisdictions demonstrates that it is not easy to reach a consensus on even the most basic issues affecting the administration of justice in courts.
Knowles, Laurence W.
Examines recent court decisions concerning the equalization of fund allocation between athletic programs for boys and those for girls, the eligibility regulations for varsity team members, and the rights of transfer students who participate in varsity sports. (Author/DN)
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...... 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...
The purpose of this report is to evaluate the need for alternative court procedures in Virginia for handling cases involving persons charged with driving under the influence of alcohol (DUI), with particular focus on the referral of DUI offenders to ...
Law, David S
.... But the most familiar strategies for achieving this type of entrenchment -- namely, court-packing and gerrymandering -- are doomed to enjoy only limited success in the context of the Federal Judiciary...
Bazan, Elizabeth B; Killian, John; Thomas, Kenneth R
.... While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers...
Wheatley, Denys N
Biology has a conceptual basis that allows one to build models and theorize across many life sciences, including medicine and medically-related disciplines. A dearth of good venues for publication has been perceived during a period when bioinformatics, systems analysis and biomathematics are burgeoning. Steps have been taken to provide the sort of journal with a quick turnaround time for manuscripts which is online and freely accessible to all readers, whatever their persuasion or discipline. We have now been running for some time a journal which has had many good papers presented pre-launch, and a steady stream of papers thereafter. The value of this journal as a new venue has already been vindicated. Within a short space of time, we have founded a state-of-the-art electronic journal freely accessible to all in a much sort-after interdisciplinary field that will be of benefit to the thinking life scientist, which must include medically qualified doctors as well as scientists who prefer to build their new hypotheses on basic principles and sound concepts underpinning biology. At the same time, these principles are not sacrosanct and require critical analysis. The journal http://www.tbiomed.com promises to deliver many exciting ideas in the future.
Wheatley Denys N
Full Text Available Abstract Biology has a conceptual basis that allows one to build models and theorize across many life sciences, including medicine and medically-related disciplines. A dearth of good venues for publication has been perceived during a period when bioinformatics, systems analysis and biomathematics are burgeoning. Steps have been taken to provide the sort of journal with a quick turnaround time for manuscripts which is online and freely accessible to all readers, whatever their persuasion or discipline. We have now been running for some time a journal which has had many good papers presented pre-launch, and a steady stream of papers thereafter. The value of this journal as a new venue has already been vindicated. Within a short space of time, we have founded a state-of-the-art electronic journal freely accessible to all in a much sort-after interdisciplinary field that will be of benefit to the thinking life scientist, which must include medically qualified doctors as well as scientists who prefer to build their new hypotheses on basic principles and sound concepts underpinning biology. At the same time, these principles are not sacrosanct and require critical analysis. The journal http://www.tbiomed.com promises to deliver many exciting ideas in the future.
habeas corpus to an Article III court, which could provide an alternate avenue for Supreme Court review. Selected Procedural Safeguards The...Authority “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety...may require it” Article I §9 cl. 2. Originally, the writ of habeas corpus permitted collateral attack upon a prisoner’s conviction only if the
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.
The National Industrial Court was established in 1976 with the aim of adjudicating on labour matters brought before it by disputants. But the provisions of the Act then establishing it made it extremely difficult for the court to effectively discharge its functions.The initial Act establishing the court placed it (the Court) in a ...
... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Processing amended court orders. 838.225... REGULATIONS (CONTINUED) COURT ORDERS AFFECTING RETIREMENT BENEFITS Procedures for Processing Court Orders Affecting Employee Annuities Application and Processing Procedures § 838.225 Processing amended court orders...
Full Text Available This article is written from the perspective of a court president in The Netherlands, a so called civil law country. In theory, in a civil law country, judges and lawyers in civil and commercial cases base their actions on the application of the law and its interpretation. Moreover, in criminal matters, the courts use inquisitorial procedures which differ from the adversarial procedures used in common law countries. The field of court management is not highly developed because of the tension between the need for judicial independence and judicial organization. There are many examples of this tension, including the fact that courts may be subject to budgetary limits which themselves may intrude upon judicial independence. For instance, suppose that a judge believes it necessary to appoint an expert to answer a certain scientific question, but the expert is expensive and budgetary considerations preclude the appointment. When I was involved in the process of the budgets of prosecutors’ offices and courts, this question frequently arose. In an effort to deal with this problem, part of the courts’ budgets were treated as open-ended even though courts rarely spent these open-ended budgets lavishly.
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.
Indexed African Journals Online (AJOL) www.ajol.info. International Journal of Arts and ... homogeneous ethnic entities as they were made up of myriads of ethnic minorities who were subject of internal ..... to handle delicate issues such as the establishment of Sharia Courts for Muslims in. Nigeria during the Second ...
Siti Zobidah OMAR
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.
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.
This document focuses on cases brought by Minnesotans to the U.S. Supreme Court. The five lessons featured are designed to provide secondary classroom teachers with material needed to teach each unit. Lessons cover Supreme Court proceedings, free press issues, freedom of religion, abortion rights, and privilege against self-incrimination.…
Zdravkova Stojanova, Aleksandra
The managing of the human resources is of a great importance for every organization and so it is for the courts as well. For a difference from the other organizations and companies the courts represent a separate organizational whole which is specific in its organization, composure and jurisdiction. In the courts as well as in the other organizations of great importance for the successful working of the court and accomplishing its goals is the managing with the human resources....
Mr.Sc. Sabri Halili
Full Text Available The legal solution offered by the Law establishing the Special Chamber of the Supreme Court of Kosovo is rather challenging for practical implementation. Due to this fact, the decisions of the Special Chamber contain various dilemmas of judges on the jurisdiction of the Chamber on the matters related to natural persons sued by the PAK, which are related to various liabilities of these persons to socially-owned enterprises, namely to the PAK. Since the PAK administers and represents socially owned property in general, it is naturally bound to seek for legal resolutions for all legal contests before a competent court. Naturally, the PAK would seek for such a solution before the Special Chamber of the Supreme Court of Kosovo on PAK-related matters, which is already bound by the title itself, “on PAK-related matters”. Comparisons of remedies by various laws related to subject competence are based on legal literature used in higher education in Kosovo. Analysis of subject competences of regular and special courts is two-fold: the Commercial Court and the Military Court, while the competence of the Special Chamber is only analysed in relation with the Law on Courts, and the Law on the Special Chamber of the Supreme Court, comparing it with the Law on Contested Procedure and the Law on the PAK. The Special Chamber has before and still continues to avoid jurisdiction of this Court, which is sanctioned by Articles 4 and 5 of the Law on the Special Chamber, due to the fact that in cases in which the PAK has sued a natural or legal person, due to debts, occupation of socially owned property, or any other disputed matter, which is directly related to socially owned properties, the Special Chamber proclaims itself incompetent, and transfers the case to regular courts, although the Special Chamber adjudicates “on PAK-related matters”, but in this case only when the PAK is respondent, not when it is claimant.
Full Text Available The importance of religious courts initially rose with the introduction of Marriage Law no. 1, 1974 which mainly aimed to prevent arbitrary divorces, which was viewed to be a common problem among Muslims at the time. The enactment of this law meant that divorces needed to be approved by the religious court, hence acting as a disincentive for men to divorce their wives at the drop of a hat. The impact of this law is evident: the rate of divorce for Indonesian Muslims declined from 16.7% in 1955 to 1.1% in 1990. The survey looked at a range of issues related to the use of the religious courts across the nation and access to these courts. Hence the survey touched on the background of users, equity, satisfaction, accessibility, knowledge of the religious courts and the services provided, and trust in public institutions.Copyright (c 2014 by SDI. All right reserved.DOI: 10.15408/sdi.v14i2.554
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
The United Kingdom Supreme Court judgment in Cheshire West and Chester Council v P in 2014 introduced a more inclusive 'acid test' for determining the objective element of a deprivation of liberty in cases concerning people who lack decision-making capacity. The case made clear that adults and young people who lack capacity could be deprived of their liberty in care settings other than hospitals and care homes, including the person's own home. A deprivation of liberty that occurs in a setting other than a hospital or care home must be authorised by a Court. This article explains the revised process for applying for Court authorisation of a deprivation of liberty where it occurs in supported living, Shared Lives placements or the incapable person's own home.
Yenifer Yiseth Suárez Díaz
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.
Full Text Available This article gives a comprehensive overview of what social media are, why social media are important in society and the courts, how social media can be used effectively, what social media platforms are well-suited to the courts, what problems can arise, and how to proactively deal with such problems. In the early years of social media use in the courts there was a lot of skepticism. As we have gained experience most problems have been shown to be less severe or have been solved. Meanwhile, many usage advantages have become apparent. Research in the United States has shown that judges are increasingly supporting social media use by themselves and their courts, and are less concerned about problems and compromising ethics.The courts hold a special place in government as impartial arbiters of legal disputes. We, as court leaders, must fulfill the public’s trust in us to achieve the highest level of service while upholding the rule of law. As we have seen, social media are excellent tools to make this a reality—the challenge is to securely and effectively leverage these tools in the court setting.
This article gives a comprehensive overview of what social media are, why social media are important in society and the courts, how social media can be used effectively, what social media platforms are well-suited to the courts, what problems can arise, and how to proactively deal with such problems. In the early years of social media use in the courts there was a lot of skepticism. As we have gained experience most problems have been shown to be less severe or have been solved. Meanwhile, ma...
... master; enforcement of court order; management of public institutions; special masters; vulnerable in society; children without parents; prisoners; elderly; mentally disabled; prisons; curator; receiver; public institution; school; welfare department; hospital for the mentally disabled; home for the elderly; racial discrimination ...
... the list are the Seminole Nation, the Miami Tribe, the Choctaw Nation of Oklahoma, the Wyandotte Tribe... established CFR Courts. The tribes to be removed from the list are the Seminole Nation, the Miami Tribe, the... forum. The Wyandotte Tribe of Oklahoma, Seminole Nation of Oklahoma, Choctaw Nation of Oklahoma, the...
Williams, Charles F.; Leiterman, Hannah
Provides summaries of U.S. Supreme Court case decisions during its 1998-99 term on the following issues: (1) sexual harassment; (2) street gangs; (3) search and seizure; (4) welfare; (5) immigration; and (6) census. Previews the 1999-2000 term. Includes the article "Teaching Activities and Discussion Questions" by Hannah Leiterman. (CMK)
Petersen, Clement Salung; Schovsbo, Jens Hemmingsen; Riis, Thomas
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...
Brölmann, C.; Binder, C.
This paper does not aim to reiterate the law of treaties as such. Rather, we focus on how the law of treaties is used and applied in domestic courts -- a continuously relevant perspective as a growing body of substantive international rules and norms is enshrined in treaties (‘treaty law’), with
Bouwknegt, Thijs Bastiaan
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
van der Slikke, R.M.A.; Berger, Monique; Bregman, D.J.J.; Veeger, H.E.J.; van der Helm, FCT; Jansen, AJ
Short sprints are important components of most wheelchair court sports, since being faster than the opponent often determines keeping ball possession or not. Sprinting capacity is best measured during a field test, allowing the athlete to freely choose push strategies adapted to their own
Moore, Randy; Miksch, Karen L.
The teaching of evolution and creationism is controversial to many people in the United States. Knowledge of the many important court-decisions about the teaching of evolution and creationism in the United States can be used not only to resist anti-evolution activities of creationists, but also to help teachers address questions about the teaching…
The recent Supreme Court decision in the employment discrimination case "California Savings and Loan Association v. Guerra" permits employers to treat pregnancy the same as other disabling conditions relating to employment opportunities. Also, state legislatures may mandate preferential treatment for pregnancy. (MD)
... or annulment or any court ordered or approved property settlement agreement incident to any court decree of divorce, legal separation, or annulment, that any payment from the Fund which would otherwise...
Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.
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 hearings in court. In contrast, participants who were low risk performed equivalently regardless of the court hearings schedule. This study prospectively matches drug court clients to the optimal schedule of court hearings based on an assessment of their risk status and compares outcomes to clients randomly assigned to the standard hearings schedule. Results confirmed that participants who were high risk and matched to biweekly hearings had better during-treatment outcomes than participants assigned to status hearings as usual. These findings provide confirmation of the risk principle in drug courts and yield practical information for enhancing the efficacy and cost-efficiency of drug courts. PMID:18174915
Full Text Available Since the adoption of the Statute of Rome in July 1998, the ICC has been confronted by a number of problems. One such problem is the disagreement which persists among the members of the Assembly of Member States as to whether the crime of Aggression is one over which the Court has competence pursuant to Article 5 of the Statute. Another diffi culty is the opposition of the United States of America which, since the Bush Administration, has deployed a juridical arsenal with the aim of impeding any type of collaboration with the ICC; the tools in the arsenal include the American Service Members’ Protection Act and bilateral immunity agreements which prevent the transfer of American citizens to the Court by State members of the Rome Statute. The entry into force of the of the Statute on 1 July 2002 allowed the Court Prosecutor to initiate the fi rst investigations and processes for war crimes and crimes against humanity committed in the confl icts which have devastated certain African States (D.R.C., The Central African Republic and Uganda. The arrest warrant against the Sudanese President Omar Al Bashir for atrocities committed in Darfur demonstrates the limitations of action on the Court which cannot carry out its mandate without the cooperation of the States. Above all, the Court must confront the criticism of “double standards” and that it is an instrument of “justice for the poor”, while the “powerful” escape. The answers to these problems can be contributed to, in part, through the revision process foreseen by the Statute nine years after its entry into force.
of the rule of law, the Court has opted for a context-sensitive, thus more substantive, interpretation of the rule of law. This is evident from the judgment of the. Constitutional Court in President of the Republic of South Africa v South African. Rugby Football Union. 110. The Court made it clear that the power of the President to.
... Court or whether it is a characteristic of a court which is confident enough that its independence will remain intact in spite of its looking elsewhere for answers. KEYWORDS: transjudicialism; foreign precedent, comparative judicialism, stare decisis; foreign case law; comparative constitutionalism; Constitutional Court.
Many countries have developed statutory provisions governing norms and standards of practice (NSPs) for court interpreters. However, in South Africa, in the case of State versus Naidoo (1962:631), Judge Williamson states that “in relation to the courts of this country, there appears to be no statutory provision, Rule of Court ...
Court interpreting is a rather complex task. Inaccuracies in legal interpreting or translation can have serious consequences. Using oral interviews and a written questionnaire, this study set out to establish the problems faced by court interpreters in Botswana in the course of their duties, the kind of training offered to court ...
Festinger, Trudy Bradley
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)
The Spanish legislative burdens the Constitutional Court with the task to prevent Catalonia from pursuing independence. To use the Constitutional Court as the main barricade against any attempt at starting the independence process does tremendous damage to the Court itself as it undermines its perception as neutral arbiter and, thereby, its legitimation.
This study investigated the records management practices in Nigerian courts as they affect the administration of justice in Nigeria. Focusing particularly on the Court of Appeal and the Supreme Court of Nigeria, the population of the study comprised 634 records personnel out of which 160 were purposively sampled.
... 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 Courts-Martial...
... 32 National Defense 5 2010-07-01 2010-07-01 false Demand for court-martial. 700.1101 Section 700... Standards of Conduct § 700.1101 Demand for court-martial. Except as otherwise provided in the Uniform Code of Military Justice, no person in the naval service may demand a court martial either on him or...
Changing needs in the courtroom have raised questions about the need for standards in court interpreter qualifications. In California, no formal training or familiarity with the legal system is required for certification, which is done entirely by language testing. The fact that often court interpreters are officers of the court may be…
... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Processing retirement benefits court orders. 1653.3 Section 1653.3 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Retirement Benefits Court Orders § 1653...
... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Qualifying retirement benefits court orders. 1653.2 Section 1653.2 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS Retirement Benefits Court Orders § 1653...
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Redlich, Allison D; Steadman, Henry J; Callahan, Lisa; Robbins, Pamela Clark; Vessilinov, Roumen; Ozdoğru, Asil Ali
A defining feature of mental health courts (MHCs) is the requirement that enrollees appear periodically for status review hearings before the MHC judge. Although the research base on these specialty courts is growing, MHC appearances have yet to be examined. In the present study, the authors followed more than 400 MHC clients from four courts. We examined the number of court appearances that were mandated versus attended, the number of bench warrants issued, and the proportion of court appearances that were made in-custody versus out-of-custody. Finally, we describe and report on the proportion of clients at each court who had graduated, had been terminated, or who were still in the court one year following enrollment. Copyright 2010 Elsevier Ltd. All rights reserved.
Riger, Stephanie; Bennett, Larry W; Sigurvinsdottir, Rannveig
Substance abuse commonly co-occurs with intimate partner violence among both perpetrators and survivors. Specialized courts that focus on intimate partner violence provide a unique opportunity to address both problems simultaneously, but research has yet to identify whether this happens. In this qualitative study of a domestic violence court in a large midwestern metropolitan area, key informants were interviewed to understand how the Court treats substance abuse. Results indicate that substance abuse typically is not identified among perpetrators or survivors going through the Court unless it is mentioned in a police report. Barriers to such identification are the organization of the Court, bounded definition of actors' roles in the Court, limited resources, and negative attitudes towards survivors. These results suggest that specialized courts that attend to only one problem may overlook the possibility of addressing issues that commonly co-occur.
Full Text Available The aim of quality court work is to maintain or improve public trust in the court as a vital part of a democratic society. Public confidence in the judicial system is affected by a number of factors, including speedy and judicially correct decisions which are generally understandable and a good treatment of parties and witnesses before and during court proceedings. In order to uphold and enhance public trust, courts need to work systematically to improve the quality of court functioning. But questions remain regarding how to institute quality court management, and how to achieve positive results. Although court managers in Sweden have shown an interest in starting systematic quality work, they have found it difficult to find a method for such work and systematically achieving results.
O' Leary, R.
This book presents the findings of a four-year study of the impact of federal court decisions on the policies and administration of the US Environmental Protection Agency (EPA) in all seven of its major statutory areas: clean air, clean water, hazardous waste cleanup, controlled pesticide use, resource conservation and recovery, safe drinking water, and control of toxic substances. The author use the Lexis and Westlaw legal data bases to generate a list of all cases in which the EPA was either a plaintiff or a defendant in each of the agency's seven major statutory areas. The author verified these data and at times supplemented them with EPA records and with environmental reporters published by the Bureau of National Affairs and the Environmental Law Institute. She derived settlement agreements from the EPA, the Department of Justice, and the courts.
The approach of the courts when considering proprietary ('ownership') interests in human bodily material has been pragmatic and piecemeal. The general principle was initially that such material is not legally 'property' that can be 'owned', but courts have recognised many exceptions. In determining disputes between individuals in particular cases, they have stated principles that are often inconsistent with those stated in other cases with different facts. Later judges have been constrained by these decisions, especially when made at appellate level. They can distinguish the facts of one case from another to achieve a different outcome, but they cannot state new principles to be applied more widely to promote consistency. This requires the will of Parliament and legislation to introduce new principles. Experience to date suggests that such legislation will need to be wide-ranging and complex, with different principles for different circumstances. There will not be one area of law that answers all the issues that arise.
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...
Regehr, C; Glancy, G
As a result of a 1990 Supreme Court of Canada decision, battered woman syndrome defense is now accepted as a legitimate extension of self-defense in Canadian courts. This defense hinges on the expert testimony that a battered woman who is accused of murder or aggravated assault suffers from the psychological sequelae of abuse and that this psychological distress contributes to her apprehension of danger and ultimately her apprehension of death during a particular battering episode. The authors present a brief overview of the history of battered woman syndrome defense, the role of the expert in assessing the applicability of this defense in any particular situation, and the pitfalls of using battered woman syndrome defense.
Nikolai P. Kovalev
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.
Floris, Emmanuelle; De Jésus, Arnaud; Cano, Jean-Philippe; Raymondaud, Séverine; Rouveyrol, Éric; Bouchard, Jean-Pierre
As is the case with other contexts of mental health treatments, the therapeutic approaches to court-ordered therapy are varied. They are based on the principle of their clinical indication and must be delivered by therapists trained in the specific area. The classic therapeutic approaches are used: medication, psychoanalysis and psychoanalytically inspired therapies, cognitive behavioural therapies, group therapies and body-oriented approach. Copyright © 2017. Published by Elsevier Masson SAS.
André Verburg; Ben Schueler
In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we d...
Jackson’s language might imply. Proponents of drone strikes overseas in the course of the war in Afghanistan, echoing the Supreme Court’s opinion in...freestanding summaries of court opinions [is] likely to promote [ public ] confusion and misunderstanding.”122 Overall, while FISC’s proceedings are...occurring and plays no role in them.161 While the hearing will not be open to the public , the rulings will be publicly available if the information is
Marlowe, Douglas B; Festinger, David S; Foltz, Carol; Lee, Patricia A; Patapis, Nicholas S
According to perceived-deterrence theory, the likelihood that an offender will engage in drug use or illegal activity is influenced by the perceived certainty of being detected for infractions or recognized for accomplishments, the perceived certainty of receiving sanctions for infractions or rewards for accomplishments, and the anticipated magnitude of the sanctions and rewards. This study evaluated drug court participants' perceived deterrence at monthly intervals during their enrollment in drug court. Exploratory cluster analysis (N=255) on the longitudinal scores yielded five subtypes of drug offenders characterized either by consistently elevated perceived-deterrence scores, consistently moderate scores, consistently low scores, increasing scores, or decreasing scores. The best outcomes were associated with consistently elevated scores, whereas the worst outcomes were associated with scores that declined over time as the participants became accustomed to the program. The clusters also differed in predicted directions on demographic variables. The correlational design does not permit inferences of causality; however, the results lend credence to perceived deterrence as a potential explanatory mechanism for the effects of drug courts. Copyright (c) 2005 John Wiley & Sons, Ltd.
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.
Full Text Available The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties. A different model of litigation is emerging in South African law. This model involves actions against public institutions that are failing to comply with their constitutional mandate. In this type of litigation there is seldom a dispute regarding the eventual outcome that is desired. Both the applicant and the state, in its capacity of the respondent, have a broad consensus about the manner in which the institution should operate or be transformed. There is accordingly agreement regarding the eventual outcome and the shortcomings that should be addressed. The primary issue relates to the details of the implementation of the transformation of the institution in question, in order that the constitutional mandate of the institution in question will be met. An example of this form of litigation can be seen in litigation concerning the conditions in which prisoners are detained in South African prisons. The constitutional mandate for the imprisonment of offenders is contained in the Correctional Services Act. Ongoing human rights violations often take place in prisons. These include staff shortages, shortages of medical staff and facilities, prison overcrowding, inadequate staff development, the prevalence of HIV/AIDS, infrastructure defects and maintenance problems, gangsterism, requests for prisoner transfers and problems associated therewith, the ineffectiveness of parole boards, staff development needs that are not addressed, an excessive focus on security, lack of rehabilitation and vocational training programmes and assaults of prisoners. The courts have on occasion issued a structured interdict as an appropriate remedy. However, problems arise when violations are widespread and no single order can cause the
Full Text Available УДК 347.9The purpose of the article – a critical analysis of the position of the Constitutional Court of the Russian Federation, the justification, through the analysis of the ECtHR practice and scientific work on execution of the ECtHR judgments, about the coordination of positions of national courts and the supranational body.The methodological basis for the study: general scientific methods (analysis, synthesis, comparison; private and academic (interpretation, comparative legal, formal-legal.Problems and basic scientific results:The issue of implementation of the Human Rights Court decisions at the national level oc-curs when the compensation is not enough to eliminate the revealed violations. Russian legislator opted for the situation of Human Rights by the European Court finding a violation of the provisions of the Protection of Human Rights and Fundamental Freedoms in the consideration by the court of a particular case, in connection with the decision by which the applicant applied to the ECtHR mechanism for review of the decision on the new circumstances. Supreme Court puts forward three conditions for the implementation of the revi-sion of the judicial act on a national level, which should be available at the same time: 1 the continuous nature of the adverse effects; 2 the existence of violations of the Convention or gross procedural violations; 3 a causal link between the breach and the consequences.The author point out that the regulation of possible conflicts between the Convention and national legislation is based on cooperation (not confrontation States and the European Court of Human Rights. Such practice of cooperation based on the principles of subsidiarity (addition to national rights protection system; evolutionary interpretation of the Convention (which implies flexibility, and accounting for changes in public relations; Judges dialogue and to develop advisory opinions. Consequently, the task of the Constitutional Court
Hermann, Anne Kirstine
Accounting for emerging journalistic genres is a difficult endeavor not least because there is little agreement as to what constitutes journalism itself. Doing so, however, is essential if we are to recognize changing journalistic doxas. To capture such changes, we must include a holistic framework...... journalistic epistemology, changing it through practice. In turn, the analysis reveals how journalism practices can evolve its troubled philosophical position...... require more contextual reporting, ethnographic journalism emerges in American feature journalism. Analyzed holistically, this genre is characterized as the employment of immersion strategies adopted from social science for distinct storytelling purposes. These methods, however, transform conventional...
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.
Sergey B. Polyakov
Full Text Available Objective Consideration of the computer program model for making a lawful and wellgrounded judicial act in order to reduce the times for making the court decision. Methods universal dialecticmaterialistic method which removes the contradictions of the professional training of judges and procedural controls the formal legal method for transferring the requirements of the law and jurisprudence for the lawenforcement activity into programs for judges and case participants the objectoriented modeling objectoriented programming methodology. Results a computer program was created that allows to adjudicate in a civil case if the claim is recognized by the defendant. The program does not resolve the judge from the decisionmaking process but creates conditions to move along the stages of lawenforcement procedure and legal reasoning in accordance with the requirements of the law and of legal science. Therefore filling forms manually in the trial should be simultaneous with writing the decision judgment sentence assessment. The program includes the following sections preparation of forms common to certain types of proceedings certain categories of cases courts in the above forms determination of the order to establish the actual circumstances the burden of proof distribution types of evidence methods of law interpretation characteristics of collisions and gaps in legislation and ways to overcome them the standard wording in the judicial act templates and in the forms mandatory and optional information in the form. Based on the above the article concludes that by analogy with the presented program it is possible to create software for making a lawful wellgrounded and fair judicial act for other categories of cases and as a consequence to reduce the period of making judicial decisions. Scientific novelty the first computer program is created for rendering and production of judicial decisions. Practical significance the model is made to create a mass tool of
Broussard, E. Joseph; Blackmon, C. Robert
Reports on a survey in which journalism advisers were asked to rule as they believed a judge would on ten hypothetical situations generalized from actual court decisions regarding freedom of the press. Describes the educational backgrounds and characteristics of the advisers who scored highest on the questions. (GW)
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.
A ruling by the 9th U.S. Circuit Court of Appeals will allow California's medical marijuana clubs to defend themselves against an injunction against operating. The court ruled that U.S. District Judge Charles R. Breyer erred by failing to consider that marijuana was an indispensable part of treatment for the club's clients. The ruling has applicability in cases in Alaska, Arizona, Nevada, Oregon and Washington, which are all within the jurisdiction of the 9th Circuit Court.
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....
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...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...
Fishwick, Marshall, Ed.
This volume contains a selection of articles which examine, critique, and help to define the phenomenon of new journalism. Included are "Popular Culture and the New Journalism" (Marshall Fishwick), "Entrance" (Richard A. Kallan), "How 'New'?" (George A. Hough III), "Journalistic Primitivism" (Everette E. Dennis), "Wherein Lies the Value?" (Michael…
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Journalism Educator, 1981
Five journalism educators report on surveys examining (1) the hiring of teachers and the course content needed for the public relations curriculum; (2) the study of journalism history; (3) the structure, purpose, and content of photojournalism courses; and (4) problems created by the increased use of electronic laboratory equipment in journalism…
Bittner, John R.; Bittner, Denise A.
This book, a how-to-do-it guide for the novice and the professional alike, deals with several aspects of radio journalism: producing documentaries, preparing and announcing radio news, ethics and responsibility, regulation of radio journalism, and careers. It traces the history and growth of radio news, shows its impact on the public, and…
Jurgensen, Karen; Meyer, Philip
Maintains that the central journalistic function is changing from the transportation of information to its processing. Offers a model for the more sophisticated standard of objectivity needed by the new process-intensive journalism. Discusses changes in journalism training to meet these demands. (SR)
Sloan, Frank A.; Gifford, Elizabeth J.; Eldred, Lindsey M.; Acquah, Kofi F.; Blevins, Claire E.
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…
Sloan, Frank A; Gifford, Elizabeth J; Eldred, Lindsey M; Acquah, Kofi F; Blevins, Claire E
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. The first analytic step was to assess the impacts of presence of unified and DTCs in North Carolina counties on time children spent in foster care and the type of placement at exit from foster care. In the second step, the same data on foster care placements were merged with school records for youth in Grades 3-8 in public schools. The effect of children's time in foster care and placement outcomes on school performance as measured by math and reading tests, grade retention, and attendance was assessed using child fixed-effects regression. Children in counties with unified family courts experienced shorter foster care spells and higher rates of reunification with parents or primary caregivers. Shorter foster care spells translated into improved school performance measured by end-of-grade reading and math test scores. Adult DTCs were associated with lower probability of reunification with parents/primary caregivers. The shortened time in foster care implies an efficiency gain attributable to unified family courts, which translate into savings for the court system through the use of fewer resources. Children also benefit through shortened stays in temporary placements, which are related to some improved educational outcomes.
Court interpreters in Denmark are expected to follow the guidelines laid down in the document Instructions for Interpreters, which was published in 1994, and which deals with four principal areas: accuracy and completeness, impartiality, confidentiality and conflict of interest. This paper conten...
Marcos de Moraes Sousa
Full Text Available Abstract There is a lack of studies upon the innovation process in the judiciary. To contribute to filling this gap, this study aims to describe the perceptions of the Brazilian labour courts’ judges and managers related to resources and capabilities associated with the development and adoption of innovation, represented by the electronic lawsuit, and the impact on Court's performance and factors that facilitate or hinder the adoption of innovations. A document analysis and 35 interviews were conducted – nine with judges and 26 with court managers – and the data were analyzed using a content analysis with a priori categorization. The results show the following: (i the process of development and adoption of innovation occurs in three ways – centralized in higher bodies, through partnerships with other courts or through internal development; (ii there are important resources and capabilities internal to courts and inter-organizational routines associated with the innovation process; and (iii innovation contributes to the development and integration of other innovations and changes in working routines. Additionally, barriers to and facilitators of the innovation adoption process are discussed and a research agenda is stated.
Rivera, Echo A; Zeoli, April M; Sullivan, Cris M
This study adds to research on family court's response to custody in the context of intimate partner abuse (IPA). Mediation is often used to assist family court with custody negotiation; however, debate exists in the field regarding its use when IPA exists. The following study examines experiences with court mediation among a sample of victimized mothers who divorced abusive husbands. Mixed-method data were collected from 19 women. Findings demonstrate that abuse is rarely considered in custody recommendations, as most court mediators prefer joint custody. Implications for the ongoing debate, as well as future directions for research, are discussed.
Anderson, G F
In recent years the nation's courts have expanded their influence in health policy in four areas: reviewing insurers' coverage decisions, deciding the adequacy of Medicaid payment rates to hospitals and nursing homes, arbitrating hospital mergers, and assessing hospitals' tax-exempt status. The major problem with developing health policy through the courts is that the courts' focus will be the concerns of the individuals or groups involved in specific cases, not the broader implications and overall objectives of the health care system. As alternatives to litigation to resolve policy conflicts, scholars have suggested negotiation, binding arbitration, clarification of legislative language, administrative courts, contract revision, and general restructuring of the decision-making process.
Pignotti, Maria Serenella
A purposed syndrome of so-called parental alienation (PAS), unsupported by any evidence-based data, unknown in medical settings, unquoted in medical books, absent in DSM and ICD, never demonstrated by controlled studies published in high scientific level journals, is rampant in Courts where it can lead to loose parental custody. During a divorce trial, almost always the mothers and the children, become joint in a sort of folie au deux, in a denigration campaign of ex-husband/father. From a review on this issue it seems evident its theoretical roots lie on a theory that justify gender violence and children sexual abuse. The bias that both of them are layers and that he children have not autonomy block their possibility of any defence in front of a Court. In severe cases, PAS becomes a new and efficient tool of intra-familiar violence. The treatment of severe cases is to stop any contact between mother and children. The resort to PAS in Courts must be strongly rejected.
Bauer, Arie; Rosca, Paola; Shai, Ozi; Charnas, Jacob; Lehman, Dina; Mester, Roberto; Khawaled, Razek
Outpatient commitment under court order is a controversial issue among mental health professionals in different countries. This kind of outpatient involuntary treatment is provided for mental patients suspected to have committed a crime endangering society while in a severe psychotic state. Despite their dangerousness, the Israeli Mental Health Law of 1991 provides outpatient commitment under court order as an alternative to inpatient commitment. This legal provision raises several concerns and important ethical questions. A major dilemma is the question of whether this legal tool is efficacious in stabilizing the mental condition of criminal mental patients in order to prevent the perpetuation of violent crimes in an open setting such as outpatient clinics. Other major concerns are: (a) who bears the responsibility for the implementation of the enforcement? (b) how the enforcement might be implemented? This paper discusses this complex issue and presents some possible solutions aimed at improving the practical use of this important component of the comprehensive modern system of care for mental patients.
Full Text Available In Uzice since year 1923. to 1927. was built the facility of District Office and First Instance Court. The project was developed by Krusevac Building Directorate in spirit of historical architecture styles. Property consists an entrance risalit and two side wings cut in axis with lateral risalits. Facility has ground floor and first floor. The main entrance is through central risalit from where is the access to corridors that are on garden side of side wings. From corridors approach continues to offices oriented to the main facade and the street. In courtyard is an annex with court room with entrance from the central hall. Walls are made of brick, mezzanine construction is wooden or metal, and roof structure is of wood. The roof is gabled except above risalit where it is hipped, covered with ceramic tiles. Ground-floor windows have arched beams and first-floor have flat. Ground-floor doors are located in risalit axle and have arched lintel. Facade is composed at high socle, ground floor is treated with deep horizontal fugues, floor is flat plastered. Decoration is limited to risalits and around window areas where are shallow niches with simple decoration of series of medallions and ribbons. Facility contains several cornices arranged by height of the facade. During years 1956. and 1957. building was upgraded and main facade modified.
Full Text Available The Albanian legal tradition is based mostly on the traditional and customary laws. The Ottoman Empire ruled Albania for nearly five centuries and applied some of its translation of Sharia law together with its own rules and procedures. However, the Albanian population, especially in the north was governed by its own customary laws that were included in the Kanun of Lek Dukagjini. For a long period of time, these customary laws were unwritten and were learned generation aft er generation. The Kanun of Lek Dukagjini had very few rules and procedures regarding penal law. They were not arranged properly and there were some repetition for different cases. The National Court was implemented by a popular gathering of the oldest man of the village called Pleqnia. It used to decide on issues immediately, and there was no review of their issues. The rules were clear, simple and strict. There are some ideas from different Albanian researchers that the communist system although exported as an idea from abroad, based its laws and rules very much on the Albanian tradition as for example the creation also People’s Court. There was no institution of judicial review. These researchers point out that it was for this reason that the communist system in Albania lasted for nearly fifty years.
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Sheidow, Ashli J.; Jayawardhana, Jayani; Bradford, W. David; Henggeler, Scott W.; Shapiro, Steven B.
The 12-month cost-effectiveness of juvenile drug court and evidence-based treatments within court were compared with traditional Family Court for 128 substance-abusing/dependent juvenile offenders participating in a 4-condition randomized trial. Intervention conditions included Family Court with community services (FC), Drug Court with community…
Pablo Leandro Ciocchini
Full Text Available The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro’s institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people’s lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.
From, Unni; Kristensen, Nete Nørgaard
Lifestyle journalism has experienced enormous growth in the media over the past two decades, but scholars in the fields of journalism and communication studies have so far paid relatively little attention to a field that is still sometimes seen as "not real journalism". There is now an urgent need...... for in-depth exploration and contextualisation of this field, with its increasing relevance for 21st century consumer cultures. For the first time, this book presents a wide range of studies which have engaged with the field of lifestyle journalism in order to outline the various political, economic......, social and cultural tensions within it. Taking a comparative view, the collection includes studies covering four continents, including countries such as Australia, China, Norway, Denmark, Singapore, the UK and the USA. While keeping the broader lifestyle field in mind, the chapters focus on a variety...
PROMOTING ACCESS TO AFRICAN RESEARCH ... The purpose of this journal is to promote clinical and academic excellence in basic and clinical ... We consider any original work that advances or illuminates medical science or practice.
Samuel Joseph Lebese
Full Text Available In South Africa there are no models of court interpreting to serve as a guide for court interpreters when performing their task. This is because there is no proper definition of the role of a court interpreter. Models of court interpreting define and describe the process by stating what court interpreters are actually doing when carrying out their task. The absence of these models presents challenges to South African court interpreters as they are expected to follow international models which are formulated culturally, using English metaphorical language which differs from that of indigenous South African languages. As a result, the metaphorical language is likely to be misinterpreted by South African court interpreters as English is not their first language. The application of international models is likely to cause challenges when applied in the South African context, hence the need to formulate models of court interpreting which can be applied to the South African linguistic context. The study follows a qualitative research approach and uses multifaceted theoretical frameworks, namely descriptive translation studies (DTS, cognitive process analysis, and content analysis in collecting and analysing the data.
Maule, Linda S.; Schmid, Karen
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…
... has sufficient indicia of reliability to support its probable accuracy (see Sec. 6A1.3 (Resolution of.... Gordon, 291 F.3d 181, 187 (2d Cir. 2002) (applying Martinez-Rios, the court held that the district court... support its probable accuracy. Consistent with the principles set forth in Sec. 6A1.3 (Resolution of...
Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…
Petersen, Cynthia; Davies, Christine
The Saskatchewan Court of Appeal has ruled that proposed legislation allowing marriage commissioners to refuse to solemnize same-sex marriages based on religious objections would violate the equality rights of gays and lesbians under the Canadian Charter of Rights and Freedoms (Charter). The Court expressed its opinion in a Reference involving proposed amendments to the Marriage Act.
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 ...
With the introduction of federal arrangement with the FDRE Constitution, the issue of distribution of powers between the Federal Government and the states in general and that of criminal adjudicative jurisdiction between the Federal courts and state courts in particular has become a controversial point. This controversy has ...
Humphery-Jenner, Mark L.
This thesis examines the relationship between courts, administrators, and legislators. The goal is to improve the operation of judicial review in the United States and provide suggestions on how to enhance emerging doctrines of judicial review in the EU. The thesis focuses on how courts, agencies,
Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.
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…
One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. Jurisdiction is a critical legal issue underpinning the prosecution of offenders of international crimes envisaged by the International Criminal Court(ICC). The ICC must establish proper jurisdiction to assert ...
... 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. ...
The Jurisdiction of the Regional Courts Amendment Act , 2008: Some implications for child law and divorce jurisdiction. ... In conclusion, comments are made about the positive and less positive aspects of the JRCAA, and suggestions for reform are provided. Die inwerkingtreding van die Jurisdiction of Regional Courts ...
Robertson, Angela A.; St. Lawrence, Janet S.; McCluskey, D. Lee
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…
Verhaaff, Ashley; Scott, Hannah
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:…
Mayoral, Juan A.; Wind, Marlene
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this p...
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…
van Alebeek, R.
This paper explores the role of domestic courts in the development of international immunity rules. It assesses how domestic immunity decisions take meaning in the process of law formation and law determination, and examines whether the distinct influence of domestic-court decisions (as compared to
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
Norris, Michael; Twill, Sarah; Kim, Chigon
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…
Pavel V. Vostrikov
Full Text Available In this article the author examines the sociocultural significance of courts in colonial Virginia. Virginia was agrarian “tobacco” colony, where the settlements of urban type did not get proper development. In this connection, court days were very important occasions for social gatherings, when colonists not only might participate in court hearings, but became involved in various social interactions such as news exchange, business transactions, cockfighting, horse racing and attending taverns. If not found in rare towns court buildings weresituated at road junctions and other convenient places to be more easily accessible for inhabitants of the colony. The author also provides a glimpse into the issues of law and order, crime and punishment as well as the general state of the colonial system of justice. During the colonial period the differences between judicial, executive and legislative branches of government were not distinct yet and the institution of the county court had immense importance as it combined all the three types of power on a local level. The court of oyer and terminer dealt with criminal offences. The General court in Williamsburg, the colonial capital, was the main court in Virginia which considered the most crucial cases. The colonial legal system was initially based on English traditions and precedents but it was constantly modified largely due to the singularities of the colony such as abundance of free land and chattel slavery.
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. PMID:27737008
Focusing on the Economic Community of West African States Court of Justice, the East African Court of Justice, ... to their economic development.3 In the Algiers Declaration, African leaders identified a political ...... Commission on the Prevention of Discrimination and Protection of Minorities did not decide on the merit of the ...
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.
... decree of divorce, annulment, or legal separation, or any court- approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation (hereinafter ``court order'') where...
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...... 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...... speaking these languages. This example does not immediately indicate that Translation Studies might be able to contribute to, for example, an improvement of the training situation for the group of court interpreters mentioned above. However, in our opinion, there is reason to believe that TS can make...
Lederman, Cindy S
Juvenile court judges are asked to determine what is in the best interest of the child in every case they hear. As Judge Cindy S. Lederman writes, making these decisions without an awareness of the science of child development can be detrimental to the mental and physical well-being of the child. Yet until about a decade ago, court decisions were routinely made without taking into consideration the needs of toddlers and infants. The Miami Child Well-Being Court™ (MCWBC) program, a partnership of clinicians and judges, has brought science into the courtroom, making it integral to the decision-making process and working to ensure that the needs of the child are met.
Full Text Available Australian court administration as we know it today emerged in the mid-1980s in response to a range of factors. This paper draws on the wisdom of pioneering court and judicial administrators to explain how the past has shaped contemporary court practices, and to explore the challenges for modern leaders in court administration.The paper briefly sets out the recent history of court administration, including an examination of practices and roles priorto the beginning of reforms in the 1980s. The paper then chronicles the remarkable role that court administrators haveplayed in responding to the demands of change, and their reinvention as educated and respected managementprofessionals.Discussion then turns to current court administration and the demands it places on its practitioners in areas including performance measurement, client centered services, financial management, relationships with the judiciary, external relationships and innovation. The subjects covered in this section have been confined to those areas where the author believes the leadership implications are greatest. The paper then looks forward, examining the implications of emerging trends.Finally, the paper concludes that while the technical management skills demanded of the court administrator are important and should in no way be diminished, reflection on the past, present and emerging future shows that it is an aptitude for the intangible art of leadership that sets apart those who succeed in this role.While much of this paper is written with the senior court administrator or chief executive in mind, many of its observations and conclusions can be applied to the profession of court administration more generally.
Meyer, G.A. [Parker, Milliken, Clark, O`Hara and Samuelian, Los Angeles, CA (United States)
This article discusses the legalities which pertain specifically to hazardous waste cleanup. Topics of discussion include the following: threshold decisions: litigate or negotiate; forum issues--Federal or state court; claims in state court; and different types of damages and recovery. CERCLA is not the only grounds for recovery in environmental contamination cases. Common law and RCRA are also attractive.
Meyer, G.A. [Parker, Milliken, Clark, O`Hara and Samuelian, Los Angeles, CA (United States)
CERCLA is not the only grounds for recovery in environmental contamination cases. Common law and RCRA claims are attractive, especially when petroleum contamination is at issue. Attention is focused on the following: threshold decisions (litigate or negotiate); forum issues (federal or state court); claims in state court; and different types of damages and recovery.
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
courts-martial. See United States v. Jacoby , 29 C.M.R. 244 (C.M.A. 1960) (holding that the Bill of Rights apply to Soldiers unless explicitly or...corpus has served as a means of reviewing the legality of executive detention.”); see also Roberto Iraola, Enemy Combatants, the Courts, and the
Neergaard, Ulla; Sørensen, Karsten Engsig
In its combative Ajos judgment recently rendered by the Danish Supreme Court, the court openly and controversially challenged the authority of the CJEU. By the same token, in the preliminary ruling by the CJEU preceding it, the CJEU had continued to develop the controversial general principle...
Diones Gomes da Rocha
Full Text Available Mainly since the Brazilian Federal Constitution of 1988, the Brazilian Courts of Accounts (TC had expanded its expertise to carry out the control of management of public entities on different perspectives, such as operational, accounting, budgetary and financial. The differences between these institutions in terms of economic, technological and human resources were factors that made it difficult to adapt these institutions to the new acquired competences. The Promoex then emerged as a solution for modernization of Brazilian subnational Courts of Accounts. Such solution had funds of US $ 64.4 million dollars. The purpose of this research, therefore, is to assess the implementation of this program by 33 TCs. The evaluation was conducted from documents collected from web pages of MPOG, ATRICON, IRB and the Portal of Brazil Courts of Accounts. The Loan Agreement 1628-OC / BR, Object Compliance Report, Progress Reports of the 1st and 2nd semesters of 2013 (final report, and surveys conducted by the FIA and FGV also were scrutinized. The results indicate that the Promoex was less than expected; the modernization proposals were more focused on solving administrative problems, as well as by the low impact of Promoex over the actions developed by the TCs.
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Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives. Journal Homepage Image. The Ethiopian Pharmaceutical Journal is an international journal devoted to research concerning all aspects of pharmaceutical sciences.
reviewed, African-published scholarly journals. ... Featured Country: Nigeria, Featured Journal: International Journal of Medicine and Biomedical Research ... Vol 8, No 2 (2017): Journal of Language, Technology & Entrepreneurship in Africa. Journal ...
Full Text Available The Journal Watch section highlights published journal articles which discuss recent developments and new technology used in microbiology and related fields. In this issue, highlighted articles include an examination of the ED pathway’s role in microbial sugar metabolism and in the upregulation of virulence genes, landmark companion papers from the Human Microbiome Project Consortium regarding population-scale metagenomic studies, and a new method for in vitro culturing of the malarial parasite for application in drug and vaccine development.
Rivera, Echo A.; Zeoli, April M.; Sullivan, Cris M.
This study adds to research on family court’s response to custody in the context of intimate partner abuse (IPA). Mediation is often used to assist family court with custody negotiation; however, debate exists in the field regarding its use when IPA exists. The following study examines experiences with court mediation among a sample of victimized mothers who divorced abusive husbands. Mixed-method data were collected from 19 women. Findings demonstrate that abuse is rarely considered in custody recommendations, as most court mediators prefer joint custody. Implications for the ongoing debate, as well as future directions for research, are discussed. PMID:23144531
Court culture can be defined as a range of cultural forms (festival culture, painting, literature, music, architecture) employed for the enhancement of princely status and the communication of political messages. Christian IV evidently set great store on court culture beginning with his magnificent...... 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...
Entrepreneurial Journalism is gaining in interest, first in the United States, but now also increasingly in Europe and in the Netherlands. This can be explained by a combination of factors. Firstly, reorganisations and substantial lay-offs in recent years at news publishers, especially of
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Brunonia is the title of a journal that will replace the Contributions from Herbarium Australiense (last no. 17, 1976). Subscriptions Aust. $ 4. annual, Herbarium Australiense, P.O. Box 1600, Canberra City, A.C.T. 2601, Australia. Nature Malaysiana, published quarterly by Tropical Press, 64A Jl.
Reiss, John B; Hall, Christopher R; Wartman, Gregory J
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.
Mokhamad Khoirul Huda
Full Text Available This paper reviews both the interpretation of good faith and its implementation by the Court in terms of life insurance contracts. The principle of good faith in life insurance contracts was under the provision of the Article 251 Wet Boek van Kophandel which assigned the obligation of good faith on the insured. Based on the context of its historical and systematical interpretation, the obligation of good faith should be on both sides, the insurer and the insured. The insured had an obligation to inform any material facts and the insurer had to investigate those all facts. Until recent days, however, judges in all levels of Court did not have any shared and full understanding on the interpretation of good faith in life insurance contracts. As the result, many Courts were frequently inconsistent with each other. Hence, the sense of fairness the people perceived from the court verdict was not achieved.
Hartz, Emily; ugilt, rasmus
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......–1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the American...... Constitution specifically allocates the power to declare war to Congress. The Court solved the dilemma by arguing that in cases where no war has been declared, the decision whether the country is in a state of war is ultimately ‘a question to be decided by him [the President], and [the Supreme] Court must...
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 reas......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...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...
... 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 share...
The role of the courts in 'communicating' with those affected by their decisions is contentious. Some legal commentators maintain that courts and legislators are able to communicate decisions effectively and that attempts to 'dumb down' the law will not make such decisions more accessible to doctors and other professionals. Justice Michael Kirby, on the other hand, seems to share the present author's view that judges could improve their communication of their decisions to a wider audience: 'In future, it seems inevitable that proceedings [of the High Court] will be broadcast live. Maybe one of the judges will explain the decisions of the court in simple terms as they are handed down ... Adaptation to new ways and values is part of the genius of our law, although some if its practitioners need to be dragged kicking and screaming to accomplish the changes' (emphasis added).(1) This article explores the position in Australia.
The courts are divided on whether the Americans with Disabilities Act (ADA) and the Rehabilitation Act apply to State prisoners. The debate of whether disabled inmates are entitled to the same programs and services as nondisabled inmates will be addressed in court cases in Alabama and Pennsylvania. The U.S. Supreme Court will hear Pennsylvania Department of Corrections v. [Name removed] to determine whether Federal disability-rights laws apply to State prisons. In the case, the inmate was denied access to a boot camp program because of his hypertension. The 11th U.S. Circuit Court of Appeals will hear [name removed] v. [Name removed], an Alabama case involving the question of whether mandatory HIV testing and segregation are permissible if it serves a prison's interests in protecting uninfected prisoners. Both cases have major implications for HIV-positive inmates.
Chan, Benny; Somerville, Margaret
In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for 'revisiting' Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. © The Author 2016. Published by Oxford University Press; all rights reserved. For Permissions, please email: firstname.lastname@example.org.
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This article analyzes the Supreme Court's view of federalism during the decade of the 1920s. It offers a detailed discussion of four jurisprudential areas: congressional power, dormant Commerce Clause doctrine, intergovernmental tax immunity, and judicial centralization through the enforcement of federal common law and constitutional rights. The resurgent federalism of the contemporary Court is typically characterized as "reviving" pre-New Deal principles. The article concludes, however, that...
Reading U.S. Supreme Court opinions can be intimidating. Yet, in the digital age, it has never been easier to access them. The average opinion is about 4,750 words, and is one of approximately 75 issued by the Court each year. It might be reassuring to know that opinions contain similar parts and tend to follow a similar format. There are also…
This article reports on a case before the United States Supreme Court where they have unanimously ruled that the Energy Reorganization Act of 1976 did not preclude a state law claim by an nuclear industry employee for intentional infliction of emotional distress. In addition the court held that federal law did not reflect a congressional desire to preclude all relief to a whistleblower who deliberately committed a safety violation.
The European Court of Human Rights is the crown in the international system for protecting human rights. In recent years the Court has become a victim of its own success. In response to growing backlog of individual complaints, the Council of Europe has, over the last five years, considered numerous proposals to restructure the European human rights regime and redesign the European Convention on Human Rights. The aim of this article is just to show the most important innovations introduced pr...
Chronicles the history of federal laws governing use of court interpreters, focusing on the Court Interpreters Act of 1978. The Spanish/English Federal Court Interpreter Certification Examination is discussed, and problems in state court interpreter selection, policy formation, and improvement of interpreting quality are presented. (Author/MSE)
Ronan, Scott M.; Collins, Peter A.; Rosky, Jeffrey W.
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…
... Processing Court Orders Affecting Employee Annuities Application and Processing Procedures § 838.222 OPM action on receipt of a court order acceptable for processing. (a) If OPM receives a court order...) The former spouse— (i) That the court order is acceptable for processing; (ii) Of the date on which...
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.
Adalmir Oliveira Gomes
Full Text Available Court caseload management is of key importance for guaranteeing the adjudication of cases and depends on how judges and administrative assistants deal with their workload. Results from several studies indicate that an increase in court caseload tends to generate an increase in the judge’s production. However, some authors argue that this relationship is far more complex. To develop a fuller understanding of this relationship we tested an array of direct and moderating hypotheses. We used secondary data from 566 judges working in first trial courts in the State Justice System of Sao Paulo, Brazil. The results indicate a direct and positive relationship between court caseload and judge production, but the strength of this relationship depends on court specialty. The findings also indicate that the number of administrative assistants, judge experience and the number of places a judge works all moderate the caseload-production relationship. The results contribute to the development of strategies to address the delays and congestion of courts, two of the main Brazilian Judiciary problems.
Full Text Available From the field of cartography and geoinformation, there are journal’s article extracts given which are not cartographic first and whose complete texts are on the Internet, accessible to the members of Croatian academic and research community. Most journals can be accessed through the PERO browser (http://knjiznica.irb.hr/pero/index.php. For the journals not found through this browser, the complete texts of the mentioned articles are available for free on the given web-address. Next to every journal headline, in the brackets, it is noted which prominent bibliographic and quotation bases it is placed in: CC (Current Contents, SCIE (Science Citation Index Expanded, and SSCI (Social Science Citation Index. It should be noted that, for some journals accessible through PERO browser, there is a delay of 6, 12 and even 18 months in accessing the newest issues. This number is given in the brackets next to the journal’s headline.Bullettin of the GSI (Geospatial Information Authority of Japanhttp://www.gsi.go.jp/ENGLISH/page_e30092.htmlK. Kawase: A general formula for calculating meridian arc length and its application to coordinate conversion in the Gauss-Krüger projection, Vol. 59, December 2011.K. Kawase: Concise derivation of extensive coordinate conversion formulae in the Gauss-Krüger projection, Vol. 60, December 2012.Coordinates (A monthly magazine on positioning, navigation and beyond http://mycoordinates.orgT. Nagayama, K. Inaba, T. Hayashi, H: Nakai: Responding to the great east Japan earthquake, 2012, 12.J. SF Fabic: Data integration and sharing for disaster management, 2012, 12.D. Ampatzidis: Datum transformations using exclusively geodetic curvilinear coordinates without height information, 2012, 12.Geomatics and Environmental Engineeringhttp://journals.bg.agh.edu.pl/GEOMATICS/index.phpR. Cellmer, A. Senetra, A. Szczepanska: Land value maps of naturally valuable areas, 2012, 3.Geopolitics (CC, SSCI (12J. Strandsbjerg
Egyptian Journal of Pediatric Allergy and Immunology (The). Journal Home · ABOUT · Advanced Search · Current Issue · Archives · Journal Home > Vol 12, No 2 (2014) >. Log in or Register to get access to full text downloads.
Full Text Available The prevalence and increase, specially in recent years, of diverse problems (social, economic environmental particularly in Latin America have led various sectors to question globalization as a convenient model for the development of these countries. In this article we present and analyse, in general terms, some notions, characteristics and implications of globalization, from two antagonistic versions: The first of them refers to the notion of globalization from the point of view of its creators and adepts, while the second one is based on the version ellaborated by its oponents. In this regard, we present some similarities between the first version with the dominant paradigm in science and between the second one with emergent paradigms. Thus, in the first version globalization is understood as the unique, universal, undeniable and irreversible reality, whereas in the second one various constructions regarding globalization, which signify this phenomenon as culturally and historically constructed and hence dynamic, are formulated. This second version serves us as base for analysing the impact of globalization on economically deprived communities in our continent and simultaneously for illustrating the potentialities of these communities, empowered through the contributions of community social psychology, for resisting unfavourable effects of globalization upon them
In an earlier article, I argued that David Estlund's notion of 'normative consent' could provide justification for an opt-out system of organ donation that does not involve presumptions about the deceased donor's consent. Where it would be wrong of someone to refuse their consent, then the fact that they have not actually given it is irrelevant, though an explicit denial of consent (as in opting out) may still be binding. My argument has recently been criticised by Potts et al, who argue that such a policy would involve taking organs from people whose organs should not be taken and would be a recipe for totalitarianism. The present response seeks to rebut both the ethical and political objections. I argue that people can indeed be under a moral obligation to donate their organs, even if they are not technically dead at the time and their donation does not save anyone else's life. Moreover, I argue that an opt-out system-unlike mandatory donation-is not totalitarian because it preserves the right of individuals to act morally wrongly, by opting out when they have no good moral reason to do so. The policy I propose is neither immoral nor totalitarian.
Wickramasinghe, N. C.; Wainwright, M.; Narlikar, J. V.; Rajaratnam, P.; Harris, M. J.; Lloyd, D.
Theories of panspermia are rapidly coming into vogue, with the possibility of the transfer of viable bacterial cells from one planetary abode to another being generally accepted as inevitable. The panspermia models of Hoyle and Wickramasinghe require the transfer of viable bacterial cells from interstellar dust to comets and back into interplanetary and interstellar space. In such a cycle a viable fraction of as little as 10-18 at the inception of a newly formed comet/planet system suffices for cometary panspermia to dominate over competing processes for the origin and transfer of life. The well-attested survival attributes of microbes under extreme conditions, which have recently been discovered, gives credence to the panspermia hypothesis. The prediction of the theory that comets bring microbes onto the Earth at the present time is testable if aseptic collections of stratospheric air above the tropopause can be obtained. We describe a recent collection of this kind and report microbiological analysis that shows the existence of viable cells at 41km, falling to Earth at the rate of a few tonnes per day over the entire globe. Some of these cells have been cultured in the laboratory and found to include microorganisms that are not too different from related species on the Earth. This is in fact what the Hoyle-Wickramasinghe theory predicts. The weight of evidence goes against the more conservative explanation that organisms are being lofted to the high atmosphere from the ground.
Neergaard, Ulla; Sørensen, Karsten Engsig
implications and therefore the remedy are far from certain. While both judgments appear to reflect a lack of mutual trust between the two courts, they also expose a range of highly significant issues of wide importance. To understand both what went wrong in the judicial dialogue and the wider issues at stake...... prohibiting age discrimination. This issue lay at the heart of the dispute and it seems very likely that the Danish Supreme Court felt that the CJEU had been too activist when it originally ‘launched’ this general principle. Indeed, the reasoning of the Danish Supreme Court gives the impression that the CJEU...... showed that it too had an activist streak. Thus, both Courts were quite imaginative in trying to mould the central issues as falling within their exclusive jurisdiction. As a consequence of the judgments, parts of EU law are not, it appears, fully part of Danish law, but unfortunately the full...
...; and prescribe sanctions and rewards as appropriate in collaboration with prosecutors, defense attorneys, treatment providers, and others. While some basic requirements are set at the federal level, most decisions about how a drug court operates are left to local jurisdictions.
Wise, W. R.; Crisman, T. L.
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
Sears, Brad; Mallory, Christy; Hunter, Nan D.
Equal protection analysis, as articulated by the United States Supreme Court1 and followed by most states in interpreting state constitutions, requires that a suspect class must historically have been subjected to discrimination. Every state and federal court that has substantively considered whether sexual orientation is a suspect class has held that LGBT people have faced a long history of discrimination. In addition, dozens of legal scholars have also concluded that LGBT people have suffer...
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.
David J McQuoid-Mason
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...
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South African Crime Quarterly. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 35 (2011) >. Log in or Register to get access to full text downloads.
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Leslie Isham; Denise Johnson
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
Full Text Available The Australian family courts introduced Child Inclusive Conferencing after the country adopted the United Nations Convention on the Rights of the Child. The legislation governing these conferences is minimalistic but the Family Court Consultants in the Family Court of Australia and the Federal Circuit Court have well-developed and documented guidelines. The Family Court of Western Australia is, however, a separate entity and in the absence of regulatory guidelines its Family Consultants developed their own process and criteria. This model is unique, in Australia at least, because it has been organically developed by the practitioners providing the Child Inclusive Conferences with very little, if any, statutory and regulatory guidance. This model therefore serves as an example of how practitioners think child inclusive services should be offered. The model is, however, not documented and the aim of this study was to understand and document Family Consultants’ decision making regarding if and when they will conduct a Child Inclusive Conference in the Family Court of Western Australia. Ten Family Consultants were interviewed using semi-structured interviews. A thematic analysis was conducted on the transcripts of the interviews identifying 12 themes. Overall the data suggested that Family Consultants take into account a range of criteria and although they were very cognisant of the importance for the child to be engaged in decision making they noted specific challenges regarding how they could use Child Inclusive Conferencing to do this. These findings provide a basis for the development of regulations that ensure that Child Inclusive Conferences are used optimally to improve the inclusion of children in the family court procedures in Western Australia and potentially elsewhere. Further research is, however, necessary before such regulations can be finalised.
Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief
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.
Wen, Pei-Chih; Cheng, Wei-Chih; Wang, Yu-Shuen; Chu, Hung-Kuo; Tang, Nick C; Liao, Hong-Yuan Mark
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.
The case of [name removed] v. [Name removed] may be brought before the Michigan Supreme Court for the third time. In 1988, restaurateur [name removed] ordered then waitress [name removed] to undergo an HIV-antibody test at her own expense because several customers suspected that she might be HIV-positive. [Name removed] tested negative and sued [name removed] for discrimination under the State handicap statute. The trial judge dismissed the case and the Court of Appeals affirmed. In 1992, the State Supreme Court reversed the ruling, stating that the statute prohibits discrimination, even when it is based on erroneous perception of HIV infection. [Name removed] appealed, contending that he had a right under the Public Health Code to suspend [name removed] because he suspected that she had a contagious disease. The Court of Appeals cited other health regulations stating that a person with AIDS can continue working as a food handler because there is no evidence that HIV is spread through casual contact or exposure to food and water. [Name removed]' attorneys have asked the Michigan Supreme Court to reverse this ruling.
Full Text Available The European Court of Human Rights is the crown in the international system for protecting human rights. In recent years the Court has become a victim of its own success. In response to growing backlog of individual complaints, the Council of Europe has, over the last five years, considered numerous proposals to restructure the European human rights regime and redesign the European Convention on Human Rights. The aim of this article is just to show the most important innovations introduced primarily by Protocol no. 14, and then the Declarations adopted at the Conference in Interlaken, Izmir and at the end in Brighton, this year. Some of the solutions provided will help to reduce the work load of the Court in the future, while others are introduced for practical reasons, or a well-known political. However, adopted proposals should be given time to show some results. But in the other way, the frequent changes in the Court's work system and in the Convention system may prove to be a new problem. An institution such as the Court, the protector of human rights at the European level should not be allowed to suffer frequent 'eartquakes'. It should be let alone to work quietly and without 'turbulence'.
Full Text Available This paper argues against the prescriptive notions of Peace Journalism, and in particular its exclusive nature and attempt to define itself as a new orthodoxy. Most of the paper is a critique of the work of Jake Lynch and Annabel McGoldrick, in a book published in 2005, as well as their earlier Reporting the World series. They condemn all other ways of reporting as 'War Journalism, biased in favour of war.' I argue instead that the opposite of Peace Journalism is good journalism. Much of this Peace Journalism argument is derived from the work of Johan Galtung, who accuses 'war journalists' of reporting war in an enclosed space and time, with no context, concealing peace initiatives and making wars 'opaque/secret.' Galtung specifically calls on journalists as part of their mission to search out peace proposals which might begin as something small and beneath notice, but which might then be picked up and owned by politicians as their own. My response is clear and simple: creating peacemaking politicians is not the business of a reporter. I examine the traditional journalistic methods of using objectivity to get at a version of the truth. I concede that perfect truth is unattainable, (and paradoxically the tool of objectivity we use to get there is slippery too. I conclude that a more quotidian truth, or 'truthfulness' is though a manageable goal. I engage with philosophers who examine objectivity, concluding with the assistance of Thomas Nagel that it does still have a value. Nagel's account also has the merit of explaining how practices such as peace-reporting are bound to be less objective than alternatives, 'since they commit themselves to the adoption of particular perspectives, in effect giving up on the ideal of stripping away as much…as possible.' I examine the responses of the so-called 'journalism of attachment' framed as a desire of journalists faced by the horrors of Bosnia to cast off impartiality and emotional detachment and take
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 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...... 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...
Hennink, Monique; Weber, Mary Beth
Transcription is central to qualitative research, yet few researchers identify the quality of different transcription methods. We explored the quality of verbatim transcripts from traditional transcriptionists and court reporters by reviewing 16 transcripts from 8 focus group discussions using four criteria: transcription errors, cost, time of transcription, and effect on study participants. Transcriptionists made fewer errors, captured colloquial dialogue, and errors were largely influenced by the quality of the recording. Court reporters made more errors, particularly in the omission of topical content and contextual detail, and were less able to produce a verbatim transcript; however, the potential immediacy of the transcript was advantageous. In terms of cost, shorter group discussions favored a transcriptionist and longer groups a court reporter. Study participants reported no effect by either method of recording. Understanding the benefits and limitations of each method of transcription can help researchers select an appropriate method for each study.
Beane, E A; Beck, J C
Problem. To study court ordered substance abuse commitment (SAC) in one jurisdiction. We investigated who was evaluated, by whom, and with what outcome. Is SAC primarily a purely civil procedure as originally intended? Are men and women being treated equally? Questionnaire survey of court clinicians to determine demographic and clinical status of persons evaluated, the process of evaluation, and the disposition. SAC is common and more frequent in criminal cases than in purely civil ones. SAC of women is clearly influenced by the restricted choices for disposition: either state prison or an unlocked facility. SAC is an important public health procedure, which courts are using in highly variable and at times unintended ways. SAC has emerged as an alternative to other dispositions in criminal cases involving substance-abusing defendants.
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...
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.
Peter H. Solomon
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.
John R. Gallagher
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.
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.
Norman, John; Gloor, Alex
The Supreme Court of Canada has done away with the 'promise of the patent' doctrine. This doctrine invalidated patents to numerous otherwise useful inventions from 2005 to 2016. The Supreme Court of Canada has clarified that the statutory utility requirement requires only a scintilla of utility related to the subject matter of the invention. This utility must have been demonstrated or soundly predicted as of the Canadian filing date. The decision brings increased certainty to Canada's patent system and more closely aligns it with international norms.
An inmate with AIDS in Montana, who refused to release his medical records, initially had his parental rights terminated by a district court judge. The records were to be used by the Montana Department of Public Health and Human Services to help formulate a treatment program for his children. In addition, the department feared the inmate's health was unstable, but did not disclose either motive for petitioning his medical records. The Montana Supreme Court overturned the ruling, stating the department should have disclosed it's intentions for obtaining the records, and for establishing a treatment plan for the two children.
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...
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Aleksandr L. Korzinin
Full Text Available The research is focused on the issues concerning personal and genealogical composition of the Sovereign court during the great reign of Vasily the Third (1505–1533. The relevance of the research is connected with the small number of works devoted to Vasily Ivanovich’s reign (in particular, monographs by A.A. Zimin and A.I. Filyushkin, and with that fact that such institute of the organization of the upper class and middle class of the Russian society as the Sovereign court is insufficiently studied. On the basis of the earlier developed methodology of allocating the servant landowners who constitued the capital court, and the reconstruction of the court nobility in the first third of the 16th century, the authors for the first time analyze the genealogical structure of the Vasily III court. It is proved that the core of the Vasily Ivanovich’s court was formed by those surnames, which had already been known under his father Ivan III. However some changes are also revealed. There was a limited access to the court nobility for little-known and lowborn surnames, so the composition of the court became more aristocratic. This was partly due to strengthening of princely aristocracy represented by the Gediminovich prince’s sons of Northeast Russia, as well as princes of the Lithuanian origin. The greatest number of departures on service to the capital took place from Lithuania and passed against the background of Russian struggle for Smolensk. Another understudied aspect of the court concerns Pskov accession to Moscow and the formation of Pskov service corporation. This article attempts to restore the composition of the first Pskov landowners, to determine the initial land accessory (mainly from the Novgorod land and to trace their gradual inclusion in the capital court during the first half of the 16th century. A section about Vasily the Third’s clerks concludes the publication. The composition of the grand-ducal office is studied, its
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Nigerian Food Journal. ... Nigerian Food Journal: Contact. Journal Home > About the Journal > Nigerian Food Journal: Contact. Log in or Register to get access to full text downloads. ... Mailing Address. Department of Food Science and Technology University of Agriculture, Makurdi, Nigeria ...
Journal Homepage Image. The SA Journal of Radiology is the official journal of the Radiological Society of South Africa and the Professional Association of Radiologists in South Africa and Namibia. The SA Journal of Radiology is a general diagnostic radiological journal which carries original research and review articles, ...
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The journal provides a set of Author Guidelines in About the Journal that cover the bibliographic and other formatting standards employed by the journal. For aspects not covered in the examples provided by the Guidelines, Authors may also wish to browse through published articles in the journal to see how the journal ...
Menke, John R.; Boeker, Gilbert F.
1. An improved journal bearing comprising in combination a non-rotatable cylindrical bearing member having a first bearing surface, a rotatable cylindrical bearing member having a confronting second bearing surface having a plurality of bearing elements, a source of lubricant adjacent said bearing elements for supplying lubricant thereto, each bearing element consisting of a pair of elongated relatively shallowly depressed surfaces lying in a cylindrical surface co-axial with the non-depressed surface and diverging from one another in the direction of rotation and obliquely arranged with respect to the axis of rotation of said rotatable member to cause a flow of lubricant longitudinally along said depressed surfaces from their distal ends toward their proximal ends as said bearing members are rotated relative to one another, each depressed surface subtending a radial angle of less than 360.degree., and means for rotating said rotatable bearing member to cause the lubricant to flow across and along said depressed surfaces, the flow of lubricant being impeded by the non-depressed portions of said second bearing surface to cause an increase in the lubricant pressure.
The “minimalist approach to public participation” adopted by the court in this matter, it concludes, “has created a gap wide enough to let an important piece of legislation which has significant implications on the public to be passed as reasonable. Setting such low standards means that judicial review of the other branches of ...
Apr 1, 2011 ... Correspondence author: June P, Brady, 87 Teralynn Court. Oakland, California 94619, USA. E mail: email@example.com. Tel: 1 510 336 0592. Fax: 1 510 336 0592. Background. Exclusive breastfeeding for the first 6 months of life with continued breastfeeding and appropriate complementary foods to age ...
Hansen, Jannick B.; Brincker, Rune; Andersen, Ken G.
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...
The purpose of this article is to deconstruct the Constitutional Court's definitions of ubuntu as humanness, group solidarity, umuntu ngumuntu ngabantu, personhood and a moral philosophy. It is submitted that the philosophy of ubuntu or ethnophilosophy represents a religious worldview as it is inseparable from African ...
by establishing an international criminal law section mandated to deal with international crimes within the African Court on Human and Peoples' Rights is unlikely to end impunity and promote peace on the continent. Résumé. L'année 2013 marquait le cinquantième anniversaire de l'Organisation de l'Unité Africaine qui fut ...
Abstract. The South African judicial system has a variety of ways to determine the ordinary meaning of words, ranging from preceding court cases and academic publications to expert witnesses. However, one of the main resources in the interpretation of ordinary words is a dictionary. Much has already been published on ...
Adrian, Lin; Mykland, Solfrid
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 e...
Petitclerc, Amelie; Gatti, Uberto; Vitaro, Frank; Tremblay, Richard E.
Background: The juvenile justice system's interventions are expected to help reduce recidivism. However, previous studies suggest that official processing in juvenile court fails to reduce adolescents' criminal behavior in the following year. Longer term effects have not yet been investigated with a rigorous method. This study used propensity…
he General Court's judgments in Case T-442/08 and related cases annulled Article 3 of the Commission's 2008 decision against CISAC and 20 collecting societies, on the basis of the Commission's failure to prove the required evidentiary legal standard for the existence of a concerted practice on
Holman, Margery; Moriarty, Richard
Sexual harassment is deemed a violation of the Canadian Charter of Rights and Freedoms which provides protection from discrimination based on sex. Provincial jurisdictions may offer legislation more stringent than that reflected in the Canadian code. Recourse for acts of sexual harassment through the courts is sought by alleging discrimination.…
Many countries have developed NSPs to guide court interpreters in carrying out their duties. These NSPs vary from ... within a structured context in many countries of the world, but in South Africa the profession still has a long way ... navigating between the Scylla of slavish, which is the literal interpretation, and the Charybdis.
It further held that it continued without any interference from the Federal Government in West Cameroon until 1966, when the former favoured reforms that could reduce their authority (Customary Courts). It called for the reduction of their powers and a transfer of the control of these institutions from West Cameroon Ministry of ...
Russo, Charles J.; Thro, William E.
The Supreme Court's recent decision in "Fitzgerald v. Barnstable School Committee" (2009) expands the opportunities for students and their parents to sue school boards for alleged sex discrimination. Even so, as discussed here, "Fitzgerald" should have little effect on the day-to-day operations of school systems. This column…
After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a ...
... 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 Judge...
This article examines the role of the International Criminal Court (ICC) in dealing with matters of genocide, crimes against humanity and war crimes that have increasingly become common phenomena in politics. Indeed, so far there is scanty detailed scholarly research that has been documented on the activities of the ICC.
Mattson, Curtis; Powers, Bradley; Halfaker, Dale; Akeson, Steven; Ben-Porath, Yossef
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…
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…
Farrell, Charles S.
The Supreme Court ruling that the National Collegiate Athletic Association's control of televised intercollegiate football violated antitrust law is discussed. At the heart of the restraint of trade are the limitations placed on the money an institution can receive, the times a team can appear, and the number of games telecast. (MLW)
persons who witnessed the events to participate and affect restorative community reintegration. The paper concludes by analyzing the conformity of Gacaca courts to international human rights standards and suggests that though they are largely a traditional Rwandan approach, as a matter of principle human rights norms
supremacy clause, gender equality and non-discrimination). Based on the analysis of the relevant ... PhD Candidate, Human Rights Centre, Public Law Department, Faculty of Law,. Ghent University, Belgium .... of Justice gave regard to the interest of Muslims and allowed the sharia courts to exercise their jurisdiction.
This article introduces the Traditional Courts Bill (B15-2008). The Bill has caused controversy, and drawn criticism from rural communities and civil society. Key to the concerns raised was the flawed consultative process that the Department of Justice and Constitutional Development followed in bringing the Bill before ...
mr. Bart f.w. Wernaart
In this book and elsewhere Dutch courts are portrayed as little short of barbaric for rejecting direct applicability of the human right to food. In this contribution I want to revisit case law asking the question if the rejection of direct applicability of the right to food implies that in the
The Supreme Court's ruling in a flag-burning case raises questions about whether antiharassment policies that colleges and universities have adopted, penalizing slurs and epithets used by students to harass others, violate the First Amendment to the Constitution. If public college policies were found unconstitutional, private colleges would not…
Where perpetrators convinced the courts of their repentance, punishments tended to be more lenient than in the case of those who did not repent, and in many instances the perpetrators were even allowed to return and reintegrate into their communities without incurring punishment. More than 1.2 million cases were tried in ...
Biemiller, Lawrence; Blumenstyk, Goldie
The U.S. Supreme Court has struck down parts of the Communications Decency Act as violating the First Amendment. The law was predicted to wreak havoc on the Internet and connected campus computer networks. The 1996 law was aimed at protecting children from pornography but threatened the availability of a wide range of materials,…
Outdated and inefficient labour laws and courts make it difficult for workers in Mexico to resolve labour disputes and secure compensation. Although Mexico has rebounded from its 2009 slump, the country's labour market has yet to return to its pre-recession state. Nationally, the official unemployment rate is 5%, only slightly ...
the anxiety I felt was overwhelming. Thinking back to that court-martial, I question the appropriateness of military panel members adjudging sentences...fighting with her 17-year-old “troubled teen ” boyfriend. Wollard grabbed a gun and shot a warning shot through a wall to scare off the aggressor; these
A California appeals court reversed a lower court decision barring a worker from pursuing an HIV discrimination claim against his employer. [Name removed] claims that [name removed] violated California's Fair Employment and Housing Act when it rescinded accommodations that the bank had made earlier for HIV-related medical needs. The accommodations included a compressed work week and one day of telecommuting per week, which [name removed] performed well enough to earn a promotion. With a change in management, the accommodations were canceled, ostensibly to control costs. The lower court ruled that [name removed] was barred from suing his former employer because of statements on his disability insurance application. However, the appeals court ruled that [name removed]'s statements on the form were honest and did not preclude him from future litigation. Myron Quon, an attorney with Lambda Legal Defense and Education Fund in Los Angeles, noted that [name removed]'s deft handling of the questions was vital to the success of the suit. [Name removed] had made comments and notations on the form, rather than just checking the appropriate yes or no boxes, and noted that he could return to work with a reasonable accommodation. Others applying for disability are cautioned to do the same to preserve their legal rights.
Abstract. The question as to who retains the custody, physical control and care of the child or children of a marriage is often cardinal, vexed and contentious between the parties in any court proceedings for dissolution of marriage, divorce or legal separation .This paper examines the legal principles, perspectives and ...
On the 20th of January 2016, the Constitutional Court of Zimbabwe went a step ahead to protect children's rights by banning child marriages and other harmful practices that are detrimental to childhood. The ruling comes at an opportune time to denounce the inadequacy of marriage laws, and to ban all archaic practices ...
For example, Hewitt (1995:199) states that in the US, the ... Toury (1980) observes that norms play a central role in Descriptive Translation Studies (DTS) ..... In the US, there has been a significant increase in the number of states that have enacted legislation to set standards for court interpreters and that have joined the ...
This paper examines the legal principles, perspectives and dimensions relative to court ordered parenting in Nigeria with particular attention to the comparative positions at common law, under statute and within the realm of customary law. It also x-rays the sociological and psychological considerations and factors at play in ...
Pérez Caballero, Jesús
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.
Based on its human rights record, this article argues that the AU's attempt to bypass the ICC by establishing an international criminal law section mandated to deal with international crimes within the African Court on Human and Peoples' Rights is unlikely to end impunity and promote peace on the continent.
We draw on information from two studies that sought the perspectives of court support workers to explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of sexual ...
Warren, Mary G.
This article describes the role of a Court Appointed Special Advocate (CASA). CASA volunteers are appointed by judges to represent the best interests of children who have been removed from their homes because of abuse or neglect. CASA volunteers are everyday citizens who have undergone screening and training with their local CASA program (National…
The role of arbitration in settling disputes which involves national and transnational commercial transactions is steadily growing in this era of globalisation. ... This article deals with the legal and practical role of Ethiopian courts during the three stages of arbitral proceeding, i.e., at the beginning of arbitration, during the ...
Zirkel, Perry A.
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"…
Chopko, M E
In 1980 the Church of Jesus Christ of the Latter-day Saints (LDS Church) notified five employees that they could no longer continue in church employment because they would not or could not attend the temple as members in good standing. Together, the five filed suit in federal district court in Utah, alleging that the LDS Church discriminated against them on religious grounds in violation of Title VII of the federal Civil Rights Act of 1964, which generally prohibits discrimination in employment on the basis of religion. The plaintiffs said the statutory exemption for religious organizations in Section 702 operated as a religious preference and penalized their personal choices of religion in violation of the First Amendment. The case ended up in the Supreme Court, which upheld the provision exempting religious organizations from Title VII with respect to employing people of a particular religion for all not-for-profit activities. Evidence in the case included: Legislative history. As first enacted in 1964, Section 702 provided a limited exemption to religious corporations. In 1972 Congress enacted a broader exemption, effectively exempting from the sweep of Title VII employment decisions made by religious employers with respect to members of that religion in any work connected with the religious corporation. District court proceedings. The Utah court borrowed from several earlier cases, including one that avoided the constitutional issue by deciding that the function challenged was uniquely religious and, thus, exempted. Briefs amicus curiae. Four religious organizations filed briefs amicus curiae.
Festinger, Trudy Bradley
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)
Stevens, John Paul; And Others
The text of the Supreme Court's decision in National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma, in which the Court struck down the NCAA's control of televised college football, is provided. (Author/MLW)
Stowell, Jane M; Pihlak, Mary Rose; Matzke, Amanda; O'Keefe, Mary
The State of Texas has more than 19,000 individuals who lack the physical or mental ability to provide for their need for shelter, financial management, or physical care. These individuals have been designated as wards of the court and placed under guardianship. Texas probate courts appoint individuals known as court visitors to make annual visits to wards of the court to assess their well-being under guardianship. Although the 10 statutory probate courts have court visitor programs, many county courts do not. This article describes the details of a service-learning experience using an online distance educational program to train undergraduate nursing students in a mental health course to become court visitors. This information may be useful to others looking for nontraditional clinical experiences and service-learning opportunities for undergraduate nursing students.
Forgays, Deborah Kirby; DeMilio, Lisa
Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.
Karina Kh. Rekosh
Full Text Available Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the
reviewed, African-published scholarly journals. Historically, scholarly information has flowed from North to South and from West to East. It has also been ... Featured Country: Nigeria, Featured Journal: Nigeria Journal of Pure and Applied Physics ...
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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
Full Text Available El concepto de publicación internacional es uno de los criterios más utilizado para evaluar la productividad de los investigadores y de las instituciones científicas. Sin embargo, también es uno de los más polémicos, dado que hasta la actualidad no se había definido ni establecido un Índice de Internacionalidad. Este estudio descriptivo analiza las revistas españolas de Psicología incluidas en la base de datos IN-RECS según su nivel de internacionalidad. Cada revista fue evaluada teniendo en cuenta los once criterios de internacionalidad (idioma de publicación, factor de impacto -en este caso el Índice de Impacto según IN-RECS-, países de procedencia de los miembros del los comités editoriales, nombres de la revista, inclusión en el Journal Citation Reports, países de procedencia de los autores, normas de publicación, acceso por internet, acceso por internet gratuito, inclusión en bases de datos y pertenencia a las instituciones internacionales. Se sumaron las puntuaciones en todos los criterios y los totales fueron ordenados de mayor a menor dando como resultado el Índice de Internacionalidad de las Revistas Españolas de Psicología. Entre los resultados cabe resaltar que de las cinco primeras revistas del ranking de internacionalidad cuatro son revistas indexadas en la Web of Science.
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Presentation and discussion of the leading statements of the decision delivered by the Mannheim Superior Administrative Court on March 30, 1982 concerning the Wyhl nuclear power plant, unit 1. With this decision, covering 548 pages, the Superior Administrative Court changed the decision of the Freiburg Administrative Court of the year 1977 and finally dismissed the action for annulment of the construction licence. The Superior Administrative Court acted upon the appeal brought in by the Land and the plant operator, Kernkraftwerksgesellschaft.
BRAHA, Florentina Shala; Vilard BYTYQI; VUNIQI, Dardan; Berisha, Fadil
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...
Full Text Available High Court of Justice recently ruled that a court has the right to change too drastic punishment inflicted on an employee by another, more appropriate in relation to the offense committed. The Supreme Court ruling clarifies such a legal provision that was applied by different courts: some substituted for disciplinary sanctions if it were disproportionate to the offense employee, while others refused to do so.
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…
In South Africa, legislation that clearly defines the role of court interpreters does not exist. Court interpreters find themselves performing tasks which should be the responsibility of other legal officials. This study considers how the lack of a clearly defined role for court interpreters affects the very quality of their interpreting.
DeMatteo, David S.; Marlowe, Douglas B.; Festinger, David S.
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…
Kuijper, P.J.; Cannizzaro, E.
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
Friedman, Paul, Ed.; Beck, Ronna Lee, Ed.
Included in the booklet on mental retardation and the law are reports on 11 new court cases and updated information on 35 court cases reported in previous issues. Court cases cover the following issues: architectural barriers, commitment, criminal law, education, employment, guardianship, protection from harm, sterilization, treatment, and zoning.…
MacDonald, John M.; Morral, Andrew R.; Raymond, Barbara; Eibner, Christine
This study reports results from an evaluation of the experimental Rio Hondo driving under the influence (DUI) court of Los Angeles County, California. Interviews and official record checks with 284 research participants who were randomly assigned to a DUI court or a traditional criminal court were assessed at baseline and at 24-month follow-up.…
... 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 motions...
... 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 any...
... Processing Court Orders Affecting Refunds of Employee Contributions Application and Processing Procedures § 838.423 OPM action on receipt of a court order acceptable for processing. (a) If OPM receives a court order acceptable for processing that is directed at a refund of employee contributions, OPM will inform...
... Processing Court Orders Awarding Former Spouse Survivor Annuities Application and Processing Procedures § 838.722 OPM action on receipt of a court order acceptable for processing. (a) If OPM receives a court order acceptable for processing that awards a former spouse survivor annuity based on the service of a...
Langbroek, Philip|info:eu-repo/dai/nl/070260729; van der Linden - Smith, Tina|info:eu-repo/dai/nl/304847674
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
... 32 National Defense 5 2010-07-01 2010-07-01 false Court-martial specifications, presumption...-martial specifications, presumption concerning. (a) Relevant and material facts stated in a court-martial... dismissal adjudged by a court-martial case tried under the Uniform Code of Military Justice, the action may...
... of court-martial. 720.12 Section 720.12 National Defense Department of Defense (Continued) DEPARTMENT... RECORDS Delivery of Personnel § 720.12 Request for delivery of members serving sentence of court-martial... members serving a sentence of a court-martial. Although seldom utilized, additional authority and...
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
Hamilton, Zachary K.
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…
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
The author examines the judgment of the Federal Administrative Court of December 17, 1986. In this decision the Court accepted the right of action of Dutch borderers against an atomic licence for a German nuclear power plant. The necessary involvement according to sec. 42 para. 2 of the Administrative Court Procedure Act results from the violation of the third party protection provision in sec. 7 Atomic Energy Act.
Libyan Journal of Medicine. The aim of the journal is to publish high quality medical data in the different discipline of medicine. It also aims at rapid publication via the advanced online publication. The journal is directed to clinicians and researcher around the globe. The scope of the journal covers all medical research and ...
Items 1 - 12 of 12 ... African Journal of Social Work. The African Journal of Social Work is an international refereed journal that serves as a forum for exchanging ideas and knowledge and discussing issues relevant to social work practice, education and research in the African region. Producing 2 issues a year, the Journal is ...
Botswana Journal of Economics. The Botswana Journal of Economics is a professional journal established for the dissemination of contemporary economic issues–theoretical, methodological, and policy relevant–in the context of both the immediate environment and the wider international community. View Journal | Current ...
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. Vol 7, No 1 (2017). African Journal of Oral Health. Vol 6, No 1 (2016). African Journal of Oral Health. Vol 35, No 1-2 (2017). Egyptian Journal of Biochemistry and Molecular Biology. Vol 7, No 3 (2017). African Journal of Chemical Education.
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Journal Homepage Image. Anatomy Journal of Africa is the Official Journal for the Association of Anatomical Societies of Africa. This journal has its editorial office based at the department of Human Anatomy, University of Nairobi, and has biannual issues (January and July issues). We accept and publish a wide variety of ...
The African Journal of Urology is the official journal of the Pan African Urological Surgeons' Association (PAUSA) The journal is a bilingual publication - publishing articles in English and French. The African Journal of Urology covers the whole scope of urology as well as the related basic sciences. In allignment with the ...
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MacDonald, Dick; Russell, Catharine
Twenty-four of the 35 Canadian schools with formal journalism programs responded to a survey conducted to collect data about enrollment, curricula, faculty background in journalism, and the ability of journalism graduates to find jobs in the profession. Highlights of the results are as follows: there are an estimated 3,300 journalism students in…
Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives. Journal Homepage Image. The Journal of Cultural Studies was established in 1999 as an independent tool for research development in Africa. It is published by the Nigerian Group for the Study of African Cultures (NIGSAC), a non-profit ...
Sokoto Journal of Veterinary Sciences. Vol 25, No 2 (2017). IFE PsychologIA. Vol 29, No 1 (2017). Ergonomics SA. Vol 10, No 3 (2017). Ethiopian Journal of Science and Technology. Vol 15, No 3 (2016). Agro-Science. Vol 7, No 1 (2017). African Journal of Oral Health. Vol 6, No 1 (2016). African Journal of Oral Health.
2018). SAHARA-J: Journal of Social Aspects of HIV/AIDS. Vol 20, No 10 (2017). Nigerian Journal of Clinical Practice. Vol 108, No 2 (2018). South African Medical Journal. Vol 21, No 1 (2018). Nigerian Journal of Clinical Practice. Vol 10, No 4 ...
Vol 25, No 1 (2018). Tropical Journal of Health Sciences. Vol 30 (2017). Shakespeare in Southern Africa. Vol 28, No 1 (2018). Ethiopian Journal of Agricultural Sciences. Vol 15, No 1 (2018). SAHARA-J: Journal of Social Aspects of HIV/AIDS. Vol 20, No 10 (2017). Nigerian Journal of Clinical Practice. Vol 108, No 2 (2018).
In partnership with hundreds of journals from all over the continent, AJOL works to change this, so that African-origin research output is available to Africans and to ... Featured Country: Ghana, Featured Journal: International Journal of Pedagogy, Policy and ICT in Education ... Tropical Journal of Pharmaceutical Research.
The South African Medical Journal is published by the South African Medical Association, which represents most medical professionals in South Africa. Other websites related to this journal: http://www.samj.org.za/index.php/samj. Back issues of the journal from years 1886 - 2002 can be found on the journal's website under ...
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Schiltenwolf, Marcus; Beckmann, Nickolas; Gaidzik, Peter
Experts in criminal, civil and, increasingly, in social court cases have to present their expert opinions in court. This should be regarded not only as a burden, even if this may at times appear superfluous to the expert, perhaps because the discussion is mere repetition of the opinion he has already written, or because the questions appear to be biased against the expert. Nonetheless, the expert is always advised to appear calm and objective during the interrogation by judges and parties or participants and their legal representatives, and should not allow himself or herself to be provoked by questioning. Furthermore, it may be necessary to correct the written expert statement in the course of the interrogation, but this can be a sign of a truly competent medical expert. The expert consulted can be held liable for adverse health effects resulting from the interrogation and investigation, as well as for deliberate or grossly faulty reports. Georg Thieme Verlag KG Stuttgart · New York.
Hamberg, G.L. (Milling, Benson, Woodward, Hillyer, Pierson and Miller, New Orleans, LA (United States))
In an era when the cost of compliance with state and federal environmental laws is rapidly rising, sometimes entities, such as operators of waste sites, are unable to pay these and other operating costs and are forced to file for bankruptcy. Citing Midlantic Nat'l Bank v. N.J. Dep's of Envtl. Protection and state environmental laws, bankruptcy trustees may be suing PRPs in bankruptcy courts to share the costs to clean up debtors' waste sites. This article suggests strategies by which PRPs can avoid litigating such lawsuits in the bankruptcy courts and instead resolve them before state and/or federal forums - where they properly belong.
Kumamoto, Andrew; Schmid, Cora L
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.
Davidson, Fiona; Heffernan, Ed; Greenberg, David; Butler, Tony; Burgess, Philip
The aim of this paper is to describe the development and technical specifications of a framework and national key performance indicators (KPIs) for Australian mental health Court Liaison Services (CLSs) by the National Mental Health Court Liaison Performance Working Group (Working Group). Representatives from each Australian State and Territory were invited to form a Working Group. Through a series of national workshops and meetings, a framework and set of performance indicators were developed using a review of literature and expert opinion. A total of six KPIs for CLSs have been identified and a set of technical specifications have been formed. This paper describes the process and outcomes of a national collaboration to develop a framework and KPIs. The measures have been developed to support future benchmarking activities and to assist services to identify best practice in this area of mental health service delivery.
The purpose of this research study was to examine the experiences of prosecutors in Athens, Greece, as they implement a restorative justice (RJ; mediation) model in cases of intimate partner violence (IPV). Greece recently enacted a new legislation related to domestic violence, part of the requirement is mediation. This study used semi-structured interviews with 15 public prosecutors at the courts of first instance and three interviews with facilitators of mediation process. The findings indicate widespread role confusion. Prosecutors' experiences, professional positions, and views of RJ in adult cases of gendered violence were shaped by their legal training. That is, their perceptions reflected their work in an adversarial system. Their views were complex yet ultimately unreceptive and their practices failed the victims of IPV. The study report concluded with recommendations for the legislators and for better preparation of court actors. © The Author(s) 2015.
Jorqui Azofra, María
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.
This article critically assesses the transformation of national constitutional courts’ place in the law and politics of the EU and its member states. This process eliminates the difference between constitutional and ordinary national courts, which is crucial for the institutional implementation...... the EU and its member states, understood together as the European Constitutional Democracy—the central notion developed in this article in order to support an argument that should speak to both EU lawyers and national constitutionalists....... of the discourse theory of law and democracy. It also disrupts the symbiotic relationship between national constitutional democracies established after World War II and European integration. The article argues that maintaining the special place of national constitutional courts is in the vital interest of both...
Tom Ginsburg; Tamir Moustafa
Scholars have generally assumed that courts in authoritarian states are pawns oftheir regimes, upholding the interests of governing elites and frustrating the effortsof their opponents. As a result, nearly all studies in comparative judicial politicshave focused on democratic and democratizing countries. This volume bringstogether leading scholars in comparative judicial politics to consider the causesand consequences of judicial empowerment in authoritarian states. It demonstratesthe wide ra...
Hennink, Monique; Weber, Mary Beth
Transcription is central to qualitative research, yet few researchers identify the quality of different transcription methods. We described the quality of verbatim transcripts from traditional transcriptionists and court reporters by reviewing 16 transcripts from 8 focus group discussions using four criteria: transcription errors, cost and time of transcription, and effect on study participants. Transcriptionists made fewer errors, captured colloquial dialogue, and errors were largely influen...
way ratchet .”). 259 Cf. Felker, 518 U.S. 663 (Holding that restrictions on successive petitions for habeas corpus by prisoners convicted in state...Evangelical Lutheran Church of Glendale v. Los Angeles County, 482 U.S. 304 (1987)(holding that the Constitution mandates effective remedies for...Constitution’s due process protections did not extend to non-citizen detainees held at Guantanamo. 304 In October 2009, the Supreme Court granted certiorari to
Full Text Available Most of the European countries have chosen the centralized system of constitutional review, performed by a unique authority empowered with the competence of removing from the normative ensemble those legal provisions that do not comply with the principles and rules comprised in the Basic Law. This „European model” has proved to be more appropriate than the so-called „American model” in what concerns the compatibility with the European jurisdictional mechanism. Romania has adopted the same European trend and the Constitutional Court has become a very important actor in the Romanian legal landscape. From the very beginning of its activity, it has influenced in a great measure the national normative system. It has been sometimes criticized and accused that it interferes in an excessive way in the legislative process. Due to its competence to regulate the juridical conflicts between the public authorities and its possibility to repeal laws before their promulgation, it has been many times in the centre of heavy attacks, mostly from different political forces, often driven through mass media. Nevertheless, despite of its detractors, the Constitutional Court has proven, over the years, its ability to develop the Romanian normative system. The present paper intends to display the most significant contribution of the Romanian Constitutional Court in improving various legal regulations. In the same time and much more important, using concrete examples from the Court’s case-law, the paper also intends to demonstrate that the Constitutional Court of Romania has been a major factor of improving peoples’ life, removing unconstitutional obstacles set in front of the unimpeded exercise of their fundamental rights and freedoms.
Liam C. Kelley
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...
Reinschmidt, C; Nigg, B M
This review paper focuses on the three most important functional design factors for sport shoes: injury prevention, performance and comfort. Concepts for these design factors are discussed for running and court shoes. For running shoes, pronation control and cushioning are still considered to be the key concepts for injury prevention despite the fact that conclusive clinical and epidemiological evidence is missing to show the efficacy of these design strategies. Several design features have been proposed to be effective in controlling the amount of pronation. However, the kinematic effects of such features seem to be subject-specific and rather small especially when looking at the actual skeletal motion. Recent running shoe research suggests that cushioning may not or only marginally be related to injuries and that cushioning during the impact phase of running may be more related to aspects such as comfort, muscle tuning or fatigue. For court shoes, lateral stability, torsional flexibility, cushioning and traction control appear to be important design strategies to decrease the risk of injury. With respect to running performance, the shoe concepts of weight reduction, efficiency and energy return are discussed. The concept of energy return does not seem to be a feasible concept whereas concepts which aim to minimize energy loss appear to be more promising and successful, e.g. weight reduction, reduction of muscle energy required for stabilization. For court shoes, optimal traction seems to be the key factor for performance. Research in the area of shoe comfort is still sparse. Cushioning, fitting and climate concepts appear to improve the comfort of both running and court shoes. Many investigations in the area of sport shoe research have shown that subject-specific responses can be expected. Different groups of athletes may require different types of shoes. The definition of these grouping characteristics and their design needs seem to be the most important
discussed in greater detail in other CRS products, including CRS Report RL33180, Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court...by Jennifer K. Elsea and Michael John Garcia; CRS Report RL34536, Boumediene v. Bush: Guantanamo Detainees’ Right to Habeas Corpus , by Michael John...of their detention in habeas corpus proceedings. However, many other issues remain the subject of ongoing litigation, including the full scope of the
if the accused was an aggressor, engaged in mutual combat, or provoked the attack which gave rise to the apprehension, unless the accused had...the court-martial, is returned to that state or foreign country under the authority of a mutual agreement or treaty, as the case may be. (C) As...genital-genital, oral-genital, anal-genital, or oral-anal, whether be- tween person of the same or opposite sex; (2) bestiality; (3) masturbation
Şebnem Korur Fincancı
birlikte, modern uygulamalar Prof. Lin Ji ile 1930 yılında başlamıştır. Çin Halk Cumhuriyeti’nin 1949’da kurulmasının ardından hızlı bir gelişme dönemi olmuş ancak bu 1966-76 yılları arasındaki Kültür Devrimi ile kesintiye uğramıştır. Bugün Çin'de polis, savcılık büroları, mahkemeler, üniversiteler ve adalet bakanlığı içinde ayrı ayrı kurulmuş acili tıp yapılanmaları içinde yaklaşık 10000 bilirkişi vardır. 8 tıp fakültesi, Shanghai’da The Journal of Forensic Medicine dergisini yayınlayan Adalet Bakanlığı Adli Bilimler Enstitüsü ve The Chinese Journal of Forensic Medicine yayınlayan Çin Adli Tıp Derneği temel kuruluşlardır. İNTRAREKTAL ATEŞLİ SİLAH YARALANMASI İLE İNTİHAR Suicide by intrarectal gunshot wound. PrahloıvJA Am J Forensic Med Pathol 1998 Dec;19(4:356-6l Bu yazıda değişik bir intihar olgusu sunulmuştur. Cinsel mazoşizm ve fetişizm de dahil çeşitli parafili öyküsü bulunan olgu, kendisi tarafından gerçekleştirilen intrarektal ateşli silah yaralanması sonucu ölmüştür.
With the decision of July 8, 1982, the second senate of the Federal Constitutional Court judged the action on constitutional grounds, brought in by the municipality of Sassbach near Kaiserstuhl to achieve annulment of the construction permit for Wyhl nuclear power plant, to be inadmissible and also partly unfounded. This decision was taken unanimously. In its statement the Court explains basic ideas on the applicability of the Basic Law with regard to juristic persons within the purview of public law and activities on their part outside the scope of fulfilment of public tasks, as well as on the compatibility of material regulations of preclusion in administrative procedures with the Basic Law, especially with article 19, sub-section (4) of the Basic Law. The Court decided that a municipality is not in the position to claim the right of property as laid down in article 14, para. (1) no. 1 of the Basic Law, even if it becomes active outside the scope of fulfilment of public tasks.
Paulson, Thomas; Goosey-Tolfrey, Victoria
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.
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.
Full Text Available This paper comprises three parts –- 1 recognition of professional practice as a legitimate object of research; 2 development of methodologies that are adjusted to the particularities of the area; and 3 funding of multidisciplinary experiments on applied research. My intention here is to build on the mapping of existing studies to discuss some assumptions and to consolidate journalism as a ﬁ eld of knowledge, based on the distinction between journalism studies and journalism theories.
New Egyptian Journal of Microbiology: About this journal. Journal Home > New Egyptian Journal of Microbiology: About this journal. Log in or Register to get access to full text downloads. Username, Password, Remember me, or Register · Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue ...
Journal of Food Technology in Africa: About this journal. Journal Home > Journal of Food Technology in Africa: About this journal. Log in or Register to get access to full text downloads. Username, Password, Remember me, or Register · Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives ...
Full Text Available This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time in prison to death sentences. We likewise find that sentencing at the domestic courts appears to have been comparatively more serious than sentencing at the ICTR and at the Gacaca courts, which calls into question consistency of sentences across levels of justice and should be explored in future research.
Di Vaio, Gianfranco; Weisdorf, Jacob Louis
This study ranks - for the first time - 12 international academic journals that have economic history as their main topic. The ranking is based on data collected for the year 2007. Journals are ranked using standard citation analysis where we adjust for age, size and self-citation of journals. We...... also compare the leading economic history journals with the leading journals in economics in order to measure the influence on economics of economic history, and vice versa. With a few exceptions, our results confirm the general idea about what economic history journals are the most influential...
Di Vaio, Gianfranco; Weisdorf, Jacob Louis
This study ranks-for the first time-12 international academic journals that have economic history as their main topic. The ranking is based on data collected for the year 2007. Journals are ranked using standard citation analysis where we adjust for age, size and self-citation of journals. We also...... compare the leading economic history journals with the leading journals in economics in order to measure the influence on economics of economic history, and vice versa. With a few exceptions, our results confirm the general idea about what economic history journals are the most influential for economic...
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.
Wiener, Richard L; Winick, Bruce J; Georges, Leah Skovran; Castro, Anthony
Recent years have seen a proliferation of problem solving courts designed to rehabilitate certain classes of offenders and thereby resolve the underlying problems that led to their court involvement in the first place. Some commentators have reacted positively to these courts, considering them an extension of the philosophy and logic of Therapeutic Jurisprudence, but others show concern that the discourse surrounding these specialty courts has not examined their process or outcomes critically enough. This paper examines that criticism from historical and social scientific perspectives. The analysis culminates in a model that describes how offenders are likely to respond to the process as they engage in problem solving court programs and the ways in which those courts might impact subsequent offender conduct. This Therapeutic Jurisprudence model of problem solving courts draws heavily on social cognitive psychology and more specifically on theories of procedural justice, motivation, and anticipated emotion to offer an explanation of how offenders respond to these programs. We offer this model as a lens through which social scientists can begin to address the concern that there is not enough critical analysis of the process and outcome of these courts. Applying this model to specialty courts constitutes an important step in critically examining the contribution of problem solving courts. Copyright © 2010 Elsevier Ltd. All rights reserved.
Policies. » Focus and Scope; » Section Policies; » Peer Review Process; » Publication Frequency; » Subscriptions; » Editorial Board; » Advisory Board. Submissions. » Author Guidelines. Other. » Journal Sponsorship; » Site Map; » About this Publishing System. ISSN: 0856-0714. AJOL African Journals Online. HOW TO ...
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Sources of Support. This journal is supported by institutional funds i.e. University of Ghana Business School and sale of hard copies. ISSN: 2458-7435. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use ...
ISSN: 2304-8239. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL · News. OTHER RESOURCES... for Researchers · for Journals · for Authors · for Policy Makers · about Open Access ...
Mete Korkut Gülmen
Full Text Available ALKOLİZME BAĞLI ÖLÜMLER VE PARAFİLİLER Co-Morbidity of Alcoholism and the Paraphilias Journal of Forensic Sciences, JFSCA, 1996; 41: 234-9- Alkolizm geniş çeşitlilikteki suçlarla ilişkilidir. Çeşitli yazarlar alkolizmin insest, ırza geçme ve pedofili ile ilişkisi ve rastlanma sıklığını çalıştılar. Bu çalışma alkolizme bağlı ölümler ve seksüel sadizm, fetişizm, insest, pedofili, eksihibisyonizm, transvestizm gibi özgül parafilileri değerlendirmektedir. Tecavüzcüler, tanımsal olarak kesinlikle bir parafilik bozukluk olmamalarına rağmen çalışmaya dahil edildiler. 728 parafilik birey değerlendirildi. Seksüel sadistlerin %50'den fazlası alkolikti. Seksüel sadistlerin alkolizmle olan bağıntıları, transvestiler, tecavüzcüler, pedofililer ve insest saldırganlarına oranla istatiksel olarak belirgin fark gösterdi. Transvestizm relatif olarak en düşük alkolizm oranına sahipti. Yazarlar, parafilisi bulunan bireylerdeki şiddet içeren seksüel davranışları, bu bulgular ve alkolizmin buna neden oluştaki rolü açısından tartışmaktadır. VAGİNAL YAYMALARDA SEMİNAL SIVININ GÖSTERİLMESİNDE MHS-5'İN DEĞERİ. Evaluation of MHS-5 in detecting seminal fluid in vaginal swabs. Keil W, Backus J, Tröger HD. Int J Legal Med, 1996; 108: 186-190. Seksüel saldırı iddiası olan 211 olguda vaginal yaymalar alınarak, seminal vezikül özgül antijen (SVSA, MHS-5-ELISA (SEMA kiti kullanılarak incelendi. Sonuçlar, Phosphatesmo-KM kağıtları kullanılarak uygulanan asid fosfataz reaksiyonu (ACP ve ışık mikros- kopik sperm taramalarından elde edilen değerlerle karşılaştırıldı. Özellikle daha taze olan örneklerde (saklanma süresi 10 gün ila 21/2 ay arasındaydı, MHS-5 yöntemiyle ışık mikroskopik olarak elde edilen sonuçlar arasında yüksek oranda bir ilişki gözlendi. Bir çok MHS-5 pozitif olgu, mikroskopik olarak sper- matozoa saptanmamasına rağmen, aynı zamanda ACP
AJER) is a refereed, biannual Journal that publishes high quality and scholarly articles on economic issues relevant to Africa. The AJER is an applied journal with keen interest in the following areas: Public sector economics, ...
Cultural Psychology and Sport Facilitation. PROMOTING ACCESS TO AFRICAN RESEARCH. AJOL · Journals · Advanced Search · FAQ's · Register. Username. Password. Remember me. or Register · Find Journals on AJOL. HOW TO USE AJOL.
The Botswana Journal of Economics is a professional journal established for the dissemination of contemporary economic issues–theoretical, methodological, and policy relevant–in the context of both the immediate environment and the wider international community.
. Rwanda Journal, Series D: Life and Natural Sciences ... Open Access Policy. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of ...
Journal of Business and Administrative Studies; The Basis of Distinction Between Qualitative and Quantitative Research in Social Science: Reflection on Ontological, Epistemological and Methodological Perspectives Ethiopian Journal of Education and Sciences; Educational leadership and management: theory, policy and ...
African Journals OnLine (AJOL) is the world's largest and pre-eminent collection of ... Ethiopian Journal of Education and Sciences; The competitive advantage of ... Southern African Business Review; Income Tax Assignment under the ...
OGIRISI: a New Journal of African Studies; Educational leadership and management: theory, policy and practice. South African Journal of Education; The Basis of Distinction Between Qualitative and Quantitative Research in Social Science: Reflection on Ontological, Epistemological and Methodological Perspectives
reviewed, African-published scholarly journals. Historically, scholarly information has flowed from North to South and from West to East. ... Featured Country: South Africa, Featured Journal: Southern African Linguistics and Applied Language Studies ...
It has also been difficult for African researchers to access the work of other African academics. In partnership with ... Featured Country: Uganda, Featured Journal: African Crop Science Journal. Most recent issues on AJOL: Vol 34, No 3 (2017).
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Cadet de Gassicourt wrote a brief Eloge of Fourcroy in January 1810 as he died in December of 1809. Fourcroy had a major role concerning the new ideas on the place of pharmacy at the beginning of the 19th century. Fourcroy has had a key influence for the start of several pharmaceutical journals that wanted to emphasize the link between the new chemistry and pharmacy. None of these journals created with him will survive and one has to wait for 1909 to see the creation, without Fourcroy, of a new pharmaceutical journal, the "Journal de Pharmacie" that will become "Journal de Pharmacie et des Sciences accessoires", then "Journal de Pharmacie et de Chimie", before taking the name of"Annales Pharmaceutiques Françaises", the present official journal of the French Academy of Pharmacy. In spite of the essential role of Fourcroy at the start of pharmaceutical journals, Cadet did not even mention it in his Eloge of 1810.
reviewed, English language, medical and health science journal that is published quarterly by the Nigerian Medical Association, Rivers state branch, Nigeria. The journal publishes any contribution that advances medical science or practice ...
"[The] Journal of Applied Mathematics is a refereed journal devoted to the publication of original research papers and review articles in all areas of applied, computational, and industrial mathematics...
Ethiopian Journal of Education and Sciences; The competitive advantage of ... IJAH: An International Journal of Arts and Humanities; Effect of Globalization on ... Mizan Law Review; Educational leadership and management: theory, policy and ...
Wayne Stewart Martin
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.
Smokowski, Paul R; Rose, Roderick A; Evans, Caroline B R; Barbee, James; Cotter, Katie L; Bower, Meredith
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.
Journal of Fundamental and Applied Sciences. Journal of Fundamental and Applied Sciences is an international journal reporting significant new results in all aspects of fundamental and applied sciences research. We welcome experimental, computational (including simulation and modelling) and theoretical studies of ...
Items 51 - 100 of 221 ... FUTY Journal of the Environment. The aim of the journal is to provide a forum for dissemination of research findings necessary for sound policy formulations towards a better environment. It is an inter-disciplinary journal concerned with issues in the following disciplines: Architecture, Building, Estate ...