Do recent US Supreme Court rulings on patenting of genes and genetic diagnostics affect the practice of genetic screening and diagnosis in prenatal and reproductive care?

Science.gov (United States)

Chandrasekharan, Subhashini; McGuire, Amy L.; Van den Veyver, Ignatia B.

2015-01-01

Thousands of patents have been awarded that claim human gene sequences and their uses, and some have been challenged in court. In a recent high-profile case, Association for Molecular Pathology, et al. vs. Myriad Genetics, Inc., et al., the United States Supreme Court ruled that genes are natural occurring substances and therefore not patentable through “composition of matter” claims. The consequences of this ruling will extend well beyond ending Myriad's monopoly over BRCA testing, and may affect similar monopolies of other commercial laboratories for tests involving other genes. It could also simplify intellectual property issues surrounding genome-wide clinical sequencing, which can generate results for genes covered by intellectual property. Non-invasive prenatal testing (NIPT) for common aneuploidies using cell-free fetal (cff) DNA in maternal blood is currently offered through commercial laboratories and is also the subject of ongoing patent litigation. The recent Supreme Court decision in the Myriad case has already been invoked by a lower district court in NIPT litigation and resulted in invalidation of primary claims in a patent on currently marketed cffDNA-based testing for chromosomal aneuploidies. PMID:24989832

Do recent US Supreme Court rulings on patenting of genes and genetic diagnostics affect the practice of genetic screening and diagnosis in prenatal and reproductive care?

Science.gov (United States)

Chandrasekharan, Subhashini; McGuire, Amy L; Van den Veyver, Ignatia B

2014-10-01

Thousands of patents have been awarded that claim human gene sequences and their uses, and some have been challenged in court. In a recent high-profile case, Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., the US Supreme Court ruled that genes are natural occurring substances and therefore not patentable through 'composition of matter' claims. The consequences of this ruling will extend well beyond ending Myriad's monopoly over BRCA testing and may affect similar monopolies of other commercial laboratories for tests involving other genes. It could also simplify intellectual property issues surrounding genome-wide clinical sequencing, which can generate results for genes covered by intellectual property. Non-invasive prenatal testing (NIPT) for common aneuploidies using cell-free fetal (cff) DNA in maternal blood is currently offered through commercial laboratories and is also the subject of ongoing patent litigation. The recent Supreme Court decision in the Myriad case has already been invoked by a lower district court in NIPT litigation and resulted in invalidation of primary claims in a patent on currently marketed cffDNA-based testing for chromosomal aneuploidies. © 2014 John Wiley & Sons, Ltd.

THE DIALOGUE BETWEEN ADMINISTRATIVE COURT AND COURT OF JUSTICE OF THE EUROPEAN UNION

Directory of Open Access Journals (Sweden)

Bosilja Britvić Vetma

2014-01-01

Full Text Available This paper discusses the dialogue judges between administrative court and Court of Justice of the European Union, and determines the most important elements of this cooperation. Special attention was given preliminary ruling procedure and position of Croatian administrative courts in it. In the following paper, the relationship between tha national administrative courts, the Courts of Justice of the European Union and the European Court of Human Rights after the Treaty of Lisbon. This paper also discusses the solutions adopted in other countries, special attention was paid to the influence of French administrative law on cooperation (dialogue between the courts due to a strong influence on the development of that cooperation.

Current trends in court rulings on matters of the Atomic Energy Law

International Nuclear Information System (INIS)

Degenhart, C.

1989-01-01

Today's Atomic energy law is at a high development level and offers increased legal safety at a point of time when the extension of nuclear energy has been largely concluded in the FRG. The procedural constellation of third-party objections in characteristic of the development of the atomic energy law. Principal objections to the peaceful use of nuclear energy have been largely disproved by court rulings. Residual risks of this technology are to be accepted as 'socially adequate basic burdens'. 'Abandonment' of nuclear energy is not precluded by the structure of Atomic Energy Law Standards but is mainly a political question to be answered by the executive. In future, legal issues of nuclear waste disposal, fuel cycle and assessment of new plant types will dominate the discussion. Verification and certification of waste disposal should not be demanded in the stage of plant approval, however, should safe disposal prove to be infeasible, nuclear energy use may well have to be re-assessed legally. (orig.) [de

Freer markets, more court rulings?

NARCIS (Netherlands)

Hildebrand, Y.

2010-01-01

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

Federal Court of Administration confirms preclusion of objections

International Nuclear Information System (INIS)

1982-01-01

1. The preclusion established as a rule of law in sub-section 1 of sect. 3 of the Ordinance concerning the Procedure for Licensing Nuclear Installations is not only applicable to administrative proceedings, but also to administrative court proceedings. 2. In an advanced process situation, the preclusion rule of sub-section 1 of sect. 3 of the Ordinance concerning the Procedure for Licensing Nuclear Installations is applicable, this does not constitute a violation of the principle of having 'fair' proceedings. 3. Objections as defined by the above-mentioned regulation have to be presented with reference to the project and within the period allowed, during the licensing procedure concerning the project. The Federal Court of Administration has confirmed the preclusion of objections. The court dismissed the complainant's appeal against the non-admission of appeal ruled in the decision of the Administrative Court of Baden-Wuerttemberg of Nov. 7, 1980. (orig./HP) [de

Legitimacy of Constitutional Justice: Democracy, Constitutional Court and Theory Against Majority Interest

Directory of Open Access Journals (Sweden)

Thaminne Nathalia Cabral Moraes e Silva

2016-12-01

Full Text Available This article has as its theme the analysis of the separation of powers and the rule of democracy, in addition to the possibility of the Constitutional Court be composed of people appointed by the President of the Republic, not fulfilling the democratic rule, and make the control of constitutionality of laws, created through democratic process. Will be answered: the separation of powers obey the democratic rule? When the Legislature fails to fulfill its function of legislating, opens the opportunity for the Supreme Court, as the Constitutional Court that is, create, through judicial activism, silent rules? That injured the democratic rule?

The Special Court for Sierra Leone

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

2004-01-01

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

RIGHTS, RULES, AND DEMOCRACY

Directory of Open Access Journals (Sweden)

Richard S. Kay, University of Connecticut-School of Law, Estados Unidos

2012-11-01

Full Text Available Abstract: Democracy require protection of certain fundamental rights, but can we expect courts to follow rules? There seems little escape from the proposition that substantive constitutional review by an unelected judiciary is a presumptive abridgement of democratic decision-making. Once we have accepted the proposition that there exist human rights that ought to be protected, this should hardly surprise us. No one thinks courts are perfect translators of the rules invoked before them on every occasion. But it is equally clear that rules sometimes do decide cases. In modern legal systems the relative roles of courts and legislators with respect to the rules of the system is a commonplace. Legislatures make rules. Courts apply them in particular disputes. When we are talking about human rights, however, that assumption must be clarified in at least one way. The defense of the practice of constitutional review in this article assumes courts can and do enforce rules. This article also makes clear what is the meaning of “following rules”. Preference for judicial over legislative interpretation of rights, therefore, seems to hang on the question of whether or not judges are capable of subordinating their own judgment to that incorporated in the rules by their makers. This article maintains that, in general, entrenched constitutional rules (and not just constitutional courts can and do constrain public conduct and protect human rights. The article concludes that the value judgments will depend on our estimate of the benefits we derive from the process of representative self-government. Against those benefits we will have to measure the importance we place on being able to live our lives with the security created by a regime of human rights protected by the rule of law. Keywords: Democracy. Human Rights. Rules. Judicial Review.

Two Important Supreme Court Decisions Extending Gay Rights and Their Significance

DEFF Research Database (Denmark)

Ashbee, Edward

2013-01-01

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

Choice of Court Clauses and Lis Pendens under Brussels I Regulation

Directory of Open Access Journals (Sweden)

Ekaterina Ivanova

2010-08-01

Full Text Available The principle of party autonomy, known not only in the common law legal system but also in the civil law system, provides parties contracting in civil and commercial matters with the right to establish their own rules, as long as these rules do not contradict mandatory law. This right is presumed to be protected by the force of law. It follows, that when a choice of court clause is included in the contract, disputes are supposed to be solved by the court chosen by the parties.This principle is not compromised by the Brussels I Regulation (or previously, the Brussels Convention. Moreover, it is repeated in its Articles 1 and 23. At the same time, the rule of lis pendens, provided for by its Article 27, aims to preclude subsequent actions in other Member States if a court is already seized and allows the appearance 'on the legal scene' of a court other than the court chosen by the parties. And the lis pendens rule prescribes the latter to stay proceedings until the court not chosen, but first seized, examines and declines its jurisdiction.

Choice of Court Clauses and Lis Pendens under Brussels I Regulation

Directory of Open Access Journals (Sweden)

Ekaterina Ivanova

2010-08-01

Full Text Available The principle of party autonomy, known not only in the common law legal system but also in the civil law system, provides parties contracting in civil and commercial matters with the right to establish their own rules, as long as these rules do not contradict mandatory law. This right is presumed to be protected by the force of law. It follows, that when a choice of court clause is included in the contract, disputes are supposed to be solved by the court chosen by the parties. This principle is not compromised by the Brussels I Regulation (or previously, the Brussels Convention. Moreover, it is repeated in its Articles 1 and 23. At the same time, the rule of lis pendens, provided for by its Article 27, aims to preclude subsequent actions in other Member States if a court is already seized and allows the appearance 'on the legal scene' of a court other than the court chosen by the parties. And the lis pendens rule prescribes the latter to stay proceedings until the court not chosen, but first seized, examines and declines its jurisdiction.

RULINGS OF THE NATIONAL COURTS FOLLOWING THE CURIA DECISION IN CASE C-186/16, ANDRICIUC AND OTHERS VS BANCA ROMANEASCA

Directory of Open Access Journals (Sweden)

Monica CALU

2018-05-01

Full Text Available The CJEU's judgment in Andriciuc and Others vs Banca Românească Case C-186/16 that came in September 2017 is an addition to a growing body of case law on procedural obstacles to consumer protection under Directive 93/13/EEC. According to the Court, a contractual term must be drafted in plain intelligible language, the information obligations should be performed by the bank in a manner to make the well-informed and reasonably observant and circumspect consumer aware of both possibility of a rise or fall in the value of the foreign currency and also enabling estimation of the significant economic consequences of repayment of the loan in the same currency as the currency in which the loan was taken out. Following a succession of consumer-friendly preliminary rulings from European Court of Justice (Case C-26/13, Árpád Kásler, Hajnalka Káslerné Rábai v OTP Jelzálogbank Zrt and Case C-186/16 Andriciuc and Others v Banca Românească, bank customers across the European Union are increasingly taking their banks to court. However, there are still a lot provisions in the national legislations which made the judicial review of unfair contract terms difficult and reveals the limits of consumer protection under Directive 93/13. Also, we focus on the powers of the national court when dealing with a term considered to be unfair (civil courts and the availability of legal remedies in ensuring the effectiveness of the Directive. Although the CJEU provides interpretation of EU law, the national court alone has jurisdiction to find and assess the facts in the case before it and to interpret and apply national law. The ruling issued by the Court of Justice of the European Union (CJUE in the Andriciuc versus Banca Românească case represents a great advantage for some of the European debtors. In this paper, we intend to examine, starting from the theory of abusive clauses and referring to the jurisprudence of the European Court of Justice in the matter, to

A People’s Court? A Bottom-up approach to litigation before the Euopean Court of Justice

NARCIS (Netherlands)

Hoevenaars, J.

2018-01-01

Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Members States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an

Cut out: Court ruling leaves B.C. Natives out in the cold

Energy Technology Data Exchange (ETDEWEB)

Lorenz, A.

2004-03-01

Impact of a recent decision of the British Columbia Supreme Court is reviewed. The court decision allows development of natural gas reserves without first completing a cumulative environmental impact assessment on a small piece of land which is home to moose, deer, owls and other boreal forest animals, and as such is vital to two native communities. The court decision is in response to a petition by the Saulteau and Moberly First Nations to squash the BC Oil and Gas Commission's (OGC) ruling to grant Tulsa, Oklahoma-based Vintage Petroleum's application to drill in a 3,960 square kilometre area belonging to the First Nations communities. The First Nations' petition claims violation of the communities' rights under a 1899 Treaty, and violation of the concept of cumulative impact management. OGC's approval rests on the imperfect definition of what cumulative impact means and on the relatively minor impact that drilling an exploratory well would have. The native communities and environmentalists claim that there are larger issues at stake, including land development in partnership between native communities and the industry, and the oil and gas industry's traditional reluctance to accept limits on resource development. To deal with this issue and to serve as a guide for the future, the OGC commissioned a study entitled 'Development of a Practical Framework for Cumulative Effects Assessment and Management for Northeast British Columbia'. The report recommends development of a screening tool to assess the effects of proliferating industrial projects on the environment and to enable OGC and the First Nations to evaluate future applications simultaneously rather than one by one. The process is continuing, but based on the evidence to date, First Nations communities are not optimistic that their concerns will be fully addressed. 6 figs.

High School Food Courts: A New Evolution in Student Dining.

Science.gov (United States)

Beach, George

2000-01-01

Discusses how traditional high school cafeterias have changed in recent years into food courts and dining areas usually found in shopping malls. Areas examined include food court design, traffic patterns, safety and after-hours usage, and kitchens and serving areas. How one school district turned its food court system into a successful…

Clerics and courtly love in Andreas Capellanus' The Art of Courtly Love and Chaucer's Canterbury Tales

OpenAIRE

Williams, Andrew

1990-01-01

In both The Canterbury Tales and The Art of Courtly Love Geoffrey Chaucer and Andreas Capellanus deal with various aspects of courtly love. In particular, both of them focus to some degree on the question of clerical celibacy. The use of tale telling and imaginary dialogues result in a contemporary overview of the role of the cleric in courtly love, the church rules on the subject, and the opinions of the people on a subject that is ripe for exploration. My aim is to point out some of the ...

SHORT OVERVIEW OF INTERNATIONAL ARBITRATION RULING IN ROMANIA FROM THE PERSPECTIVE OF THE RULES OF NEWLY ESTABLISHED ARBITRATION FORUMS

Directory of Open Access Journals (Sweden)

Beatrice Onica-Jarka

2016-11-01

Full Text Available In Romania there are several traditional or new arbitral Courtsthat are willing to provide their services to legal entities in an international context and in a competent and efficient semblance. Two of these, the Arbitration Court of the Romanian-German Chamber of Industry and Commerce and Bucharest International Arbitration Court, adopted their Rules relatively recent and eluded from practitionersreviews. Therefore, the present article will analyze the Rules of the mentioned arbitral Courts by comparison with the ICC Rules, LCIA Rules and HKIAC Rules, starting from the most valuable characteristics of international arbitration, as determined in the 2015 International Arbitration Survey, with the purpose of concluding if the new arbitral Courts of Romania are important competitors in the field and if their recommended arbitration agreement should be included in the commercial agreements.

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

Science.gov (United States)

2010-01-01

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

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

Science.gov (United States)

2010-01-01

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

The Elsam Saga – Danish Court Rul-ing on Excessive Pricing in Relation to the Delivery of Electricity (ELSAM III)

DEFF Research Database (Denmark)

Bergqvist, Christian

2016-01-01

of the three cases involves claims for compensation now totaling approximately DKK 8 billion (EURO 1.07 billion). In the light of the magnitude of this compensation claim the legal fees and costs of challenging the underlying abuse cases would appear negligible. The August 2016 ruling is therefore only...... standards, costs and profits which were all reviewed by the court....

Shutdown of biogas plant by court ruling; Runterfahren

Energy Technology Data Exchange (ETDEWEB)

Bensmann, Martin; May, Hanne

2009-04-15

A decision of the Federal Constitutional Court will have disastrous consequences for the world's biggest biogas plant at Penkun, Germany. Many thousands of investors will be involved as well. (orig.)

How did the Supreme Court ruling on DOMA affect astronomers?

Science.gov (United States)

Rigby, Jane R.; The AAS Working Group on LGBTIQ Equality

2014-01-01

In June 2013, the United States Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 had barred the federal government from recognizing same-sex marriages. The decision in United States v. Windsor, made headlines around the world, and particularly affected astronomers, since astronomers in the US are more likely than the general population to be foreign nationals, to have a foreign-born spouse, or to work for the federal government. In this poster, we highlight some of the real-world ways that the Windsor case has affected US astronomers and our profession. Bi-national couples can now apply for green cards granting permanent residency. Scientists who work for the federal government, including NASA and the NSF, can now obtain health insurance for a same-sex spouse. From taxes to death benefits, health insurance to daycare, immigration to ethics laws, the end of S3 of DOMA has had profoundly improved the lives of US scientists who are lesbian, gay, bisexual, or transgender (LGBT). Here we, highlight several real-world examples of how DOMA's demise has improved the lives and careers of US astronomer.

16 CFR 1.62 - Ancillary court orders pending review.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Ancillary court orders pending review. 1.62 Section 1.62 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE GENERAL PROCEDURES Injunctive and Condemnation Proceedings § 1.62 Ancillary court orders pending review...

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

NARCIS (Netherlands)

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

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

The Choices Judges Make: Court Rulings, Personal Values, and Legal Constraints

NARCIS (Netherlands)

Van Hees, Martin; Steunenberg, Bernard

2000-01-01

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

Regional Courts as Judicial Brakes?

Directory of Open Access Journals (Sweden)

Metcalf Katrin Nyman

2017-12-01

Full Text Available The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power.

THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

Directory of Open Access Journals (Sweden)

Marius ANDREESCU

2014-05-01

Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

State court rejects estoppel in job accommodation case.

Science.gov (United States)

1997-07-25

The Supreme Judicial Court of Massachusetts ruled that a person who applies for disability benefits does not forfeit his right to pursue an employment discrimination claim if the employer refuses to accommodate his disability. The court ruled in favor of [name removed], who sued the law firm of [name removed] and [name removed] in Boston for violating the State's Anti-Discrimination Law. The law firm cited Federal and State precedents to show that [name removed] should be estopped from pursuing his lawsuit. [Name removed], who had multiple sclerosis, proved that he was capable of performing the tasks required of him as long as his schedule was flexible.

The Relevance of Criminal Courts in the Global South

Directory of Open Access Journals (Sweden)

Pablo Leandro Ciocchini

2017-12-01

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.

Unanimous Supreme Court finds for actions by whistleblowers

International Nuclear Information System (INIS)

Norris, J.E.

1990-01-01

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

Performance evaluation of court in construction claims settlement of litigation

Science.gov (United States)

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

2017-06-01

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

Historical context of the Albanian Constitutional Court

Directory of Open Access Journals (Sweden)

Ravesa Nano

2016-11-01

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.

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

DEFF Research Database (Denmark)

Faeh, Andrea Beata

2015-01-01

The Court of Justice of the European Union (Court) delivered a preliminary ruling in 2011 in the case of Oliver Brüstle v Greenpeace on the interpretation of Article 6(2) of the Biotech Directive and thereby established an autonomous concept of the term ‘human embryo’. The Brüstle decision raises...

No Statecraft, Questionable Jurisprudence: How the Supreme Court Tried to Kill Senate Reform

Directory of Open Access Journals (Sweden)

F.L. Ted Morton

2015-04-01

Full Text Available In the Senate Reform Reference of 2014, the Supreme Court of Canada declared the Harper government’s proposed reforms to the Canadian Senate unconstitutional. The court ruled that the Federal Government could not legislate non-binding, consultative elections for selecting senators, nor legislate term limits for senators without the consent of at least seven of the 10 provinces. It also ruled that abolishing the Senate would require the unanimous consent of all 10 provinces. The court’s ruling is widely understood to have put an end to the Senate reform movement of the past three decades and to have constitutionally entrenched the Senate status quo. My analysis criticizes the court for failing to play a constructive role in facilitating the political reform of an institution that has ceased to serve any useful political purpose (other than patronage and for unnecessarily condemning Canadians to endure this dysfunctional second chamber for at least another generation. In earlier analogous cases of political deadlock and constitutional ambiguity— the Patriation Reference of 1981 and the Quebec Secession Reference of 1997—the court exercised “bold statecraft [if] questionable jurisprudence” to craft compromise rulings that facilitated subsequent resolutions by elected governments. But not in this case. The court could have easily reached a more constructive conclusion following its own “living tree” approach to constitutional interpretation. The court ignored its own “foundational constitutional principles” of democracy and federalism—values that would be enhanced by provincial Senate elections. Indeed, the court has now given greater constitutional support for secession referendums in Quebec than it has for democratically elected senators. I suggest that there is still an exit strategy for the Harper government out of this judicially created dead end: simply turn the appointment of future senators over to provincial premiers

Ruling of the Administrative Court of the Council of State of the Netherlands concerning the Appeal Lodged by Certain Environmental Protection Organizations (7th August 1981)

International Nuclear Information System (INIS)

1981-12-01

In June 1981, a Joint Dutch-Belgian-Swiss radioactive waste disposal operation into the Atlantic was scheduled to take place under the NEA Multilateral Consultation and Surveillance Mechanism for Sea Dumping of Radioactive Waste. The operation was suspended because, on the basis of the 1979 Environmental Protection (General Provisions) Act of the Netherlands, certain environmental protection organizations lodged an appeal against the licence for this operation before the Netherlands Administrative Court of the Council of State, which decided to suspend the operation before deciding on the merits of the case. On 7 August 1981, the Court dismissed the appeal in this Ruling. (NEA) [fr

California court says disability benefits do not preclude suit.

Science.gov (United States)

1998-05-01

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.

Activist Infighting among Courts and Breakdown of Mutual Trust?

DEFF Research Database (Denmark)

Neergaard, Ulla; Sørensen, Karsten Engsig

2017-01-01

had itself created it out of nowhere. In turn this appeared to be an implicit reference to the widely criticized interpretative approach of the CJEU, resulting in a far-reaching willingness to espouse judicial activism. But in acting as it did, it seems ironic that the Danish Supreme Court itself......, in this article the judgments are analysed in depth and placed into their wider context. Among other matters, we have considered how the courts should strike a sensitive balance, which has to exist in the relationship between the national courts and the CJEU, requiring mutual trust or, at the least, judicial......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...

Appeals Court: DOE must take spent fuel or pay the consequences

International Nuclear Information System (INIS)

Bauser, M.A.

1996-01-01

The US District of Columbia Circuit Court of Appeals ruled that the Nuclear Waste Policy Act of 1982 (NWPA) unconditionally obligated the US DOE to commence accepting spent nuclear fuel (SNF) from utilities on or before 31 January 1998. This article describes the background and history of the case and the court decision and the reasons for it

Emperor Qianlong＇s Policy for Rule Over Tibet

Institute of Scientific and Technical Information of China (English)

SUOWenqing

2004-01-01

In 1751,when Qing troops had quelled the rebelion staged by Zholmet Namozhale ,the Qing court promulgated the 13-Article Ordinance for the Governing of Tibet,Which established the system of rule over Tibet by the Dalai Lama and Qing High Commissioners.

Court Upholds Confidentiality of Research Records/Data.

Science.gov (United States)

Florio, David H.

1980-01-01

Reviews the background of the Forsham v Harris case and discusses the implications of the Supreme Court's ruling that research records and data of federally funded grantees are not considered federal agency records subject to disclosure under the Freedom of Information Act. (Author/GC)

Court of Appeals: EME Homer City Generation, L.P. v. Environmental Protection Agency, et al.

Science.gov (United States)

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit denied EPA's petition for rehearing en banc of the Court's August 2012 decision to vacate the Cross-State Air Pollution Rule.

The courts and the code. Legal osmosis between religion and law in the cultural framework of civil law systems

Directory of Open Access Journals (Sweden)

Antonio Fuccillo

2017-09-01

Full Text Available SUMMARY: 1. The value of religious law in modern (and secular states - 2. Religious rules and individual choices in Europe - 3. Religious law and the fields in which it can operate effectively - 4. The rules of religious courts in civil legal systems - 4.1 ..The direct referral to religious laws - 4.2. The pronounces of religious courts and its importance for faithful - 5. The development of Religious Arbitration Courts in Italy - 6. Does religious jurisdiction another side of religious freedom?

Muelheim-Kaerlich nuclear power station. Federal Administrative Court: Decision of March 4, 1992, ref. no. BVerwG 7 B 93.91, lower instance: Higher Administrative Court of Rheinland-Pfalz, ref. no. OVG 7 C 11749/90

International Nuclear Information System (INIS)

Anon.

1992-01-01

The Federal Administrative Court sustained the objection to nonadmission lodged by the public company RWE Energie AG after the Higher Administrative Court in Koblenz had rejected the appeal against its judgement (new first partial licence). Under paragraph 132 sec. 2 no. 1 of the Rules of the Administrative Court the appeal has to be granted. (HP) [de

Performance-Based Budgeting and Management of Judicial Courts in France: an Assessment

Directory of Open Access Journals (Sweden)

Thierry Kirat

2010-04-01

Full Text Available The efficiency of civil justice has become a central issue in several communities, including national states that have undertaken to reform their civil procedures rules and/or to implement methods of case management (such as the USA and United Kingdomand international organizations such as the Council of Europe and the World Bank. Of course, there has always also been interest on the part of legal academics and judicial/court administration professionals.Court systems have two aspects: on one side, as public institutions, their funding, the recruitment of judges and clerks and employees, the procedural rules they must comply with, are determined by the state. On the other side, as organizations producing dispute resolution services, their operation and management are borne by the chiefs of courts. The importance of capacity management of the former, who are most often judges, is now acknowledged by most specialists, even if the compatibility between legal rationality and managerial rationality is questioned by some of them. This article seeks to explain the situation of French courts, focusing on court administration that can not be addressed without taking account of the broader framework of State policy concerning most specifically the budget-setting process which has undergone recent radical reforms.

Implications of the parol evidence rule on the interpretation and drafting of contracts in South Africa

OpenAIRE

2013-01-01

LL.M. (Law of Contract) The parol evidence rule encompasses those rules that regulate the admissibility of extrinsic evidence. The parol evidence rule only comes into play when the court has to interpret a written contract and one of the parties argue that the contract or any specific clause does not reflect the common intention between the parties. The court will then follow a two prong approach in interpreting the contract. The court will firstly utilise the rules of interpretation, incl...

Military Justice: Courts of Military Review--Rules of Practice and Procedure

National Research Council Canada - National Science Library

1986-01-01

...) This revision, in conformity with the Military Justice Act of 1983 and Manual for Courts-Martial 1984, changes past practice and procedures in several significant areas, and alters other procedures...

Supreme Court Upholds Cal. Law Requiring Maternity Leaves.

Science.gov (United States)

Fields, Cheryl M.

1987-01-01

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

The Courts and Student Rights -- Procedural Matters.

Science.gov (United States)

Phay, Robert E.

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

Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?

Directory of Open Access Journals (Sweden)

Gruodytė Edita

2016-12-01

Full Text Available In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.

Courts of customary law in the post-soviet states: history and the current situation

Directory of Open Access Journals (Sweden)

Сергій Володимирович Васильєв

2016-01-01

Full Text Available Problem setting and relevance of the research topic. Research of courts of customary law is not a new trend in the domestic legal science. However, it should be noted that this issue was covered mainly in the historical and ethnographic aspect, and, as a rule, in relation to specific countries or peoples. Taking into account the fact that in some post-Soviet states the rules of the customary law have remained and take effect even under the current conditions, there is a need to study people’s judgment on the basis of historical experience, taking into account the fact that there is no special scientific research on this subject. Paper objective. On the basis of studying the courts of customary law that existed in the territory of the post-Soviet states, to reveal their diversity, special features and peculiarities of formation and to analyze the contemporary forms of the aforementioned courts. Paper main body. The courts of customary law existed in various nations and nationalities since ancient times. The identity of one or another traditional court depended on such facts as the territorial location of the community, the level of economic and cultural development, type of religion, etc. In this paper the organization of the traditional justice of post-Soviet states in the second half of the XIX century was studied, when the basic territorial boundaries of the Russian Empire were formed. It is within these boundaries the peoples lived, who subsequently became Soviet republics, and then independent states. The main characteristic features of traditional courts that existed in the territory of post-Soviet states have been emphasized (1 judicial procedure was not regulated in detail; (2 the rules of the customary law (adat rules were the basis of the justice; (3 members of the court were competent persons of the community; (4 the court was common for all members of the community; (5 disputes were resolved through reconciliation of the parties; (6

Appeals court reverses verdict favoring drug companies.

Science.gov (United States)

1995-06-02

An appeals court reversed a verdict favoring drug companies after the widow of a hemophiliac, whose death was linked to HIV-tainted blood products, sued four pharmaceutical companies to pay damages. The four companies, Alpha Therapeutic Corp., Miles Laboratories Inc., Armour Pharmaceutical Co., and Baxter Travenol Laboratories Inc., provided Factor VIII, a clotting concentrate, to [name removed] [name removed], the plaintiff's husband, from 1972 until his death in 1987. [Name removed]'s wife sued the companies, alleging that the defendants negligently solicited blood plasma from paid donors who had a high risk of having HIV, failed to determine whether any lots of Factor VIII contained plasma from an at-risk donor, failed to warn consumers of possible risks, and failed to heat-treat HIV and other viruses in Factor VIII, despite industry-wide knowledge of the risk of infection. The three-judge panel said the trial judge's decision to avoid ruling on the antigenic stimulation theory, based on insufficient evidence, was improper. In addition, the appeals court said a retrial is necessary because of improper remarks made by Alpha's attorney.

The A, B and C v. Ireland ruling and the issue of abortion: a “new departure” in the European Court of Human Rights case-law in matters of consensus and domestic margin of appreciation?

Directory of Open Access Journals (Sweden)

Francisco Javier Mena Parras

2012-07-01

Full Text Available This article analyzes the case of A, B and C v. Ireland in which the plaintiffs claimed that the Irish laws on abortion are incompatible with the European Convention on  Human Rights. The article deals specifically with the parts of the ruling handed down by the European Court of Human Rights that cover the role of European consensus in the establishment of the margin of appreciation that is given to states in the  restriction of rights recognized by the Convention. The article argues that this ruling is a “new departure” in the case-law of the Strasbourg Court and points out some of the negative consequences that this entails, from a perspective that is critical of the Court’s reasoning.

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

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Tatyana I. Eremina

2014-12-01

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

Interpreting the Customary Rules on Interpretation

NARCIS (Netherlands)

Merkouris, Panos

2017-01-01

International courts have at times interpreted the customary rules on interpretation. This is interesting because what is being interpreted is: i) rules of interpretation, which sounds dangerously tautological, and ii) customary law, the interpretation of which has not been the object of critical

Interest Groups, the Courts, and Educational Equality: A Policy Regimes Approach to "Vergara v. California"

Science.gov (United States)

Superfine, Benjamin Michael; Thompson, Alea R.

2016-01-01

In "Vergara v. California" (2014), a trial-level court ruled that California laws governing teacher tenure and dismissal were unconstitutional. This study analyzes "Vergara" in light of the shifting use of the courts to promote equal educational opportunities and the changing power bases of educational interest groups,…

The European Union Court of Justice after the Treaty of Lisbon

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2016-01-01

Full Text Available Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed. The latest reform of the judicial system of the European Union, put into effect by the Lisbon Treaty, largely relies on solutions contained in the unaccepted Treaty on the Constitution for Europe. Novelties that this treaty brings could be grosso modo divided into several basic categories. First, there are organizational changes related to the different name and composition of the courts, appointment of judges and advocates-general and the formation of specialized courts. The new terminology and organization aims to provide a clear distinction between the Court of Justice of the EU, which is an aggregate term or generic designation for the entire judicial system of the Union, and special judicial bodies that enter into its composition. These are the Court of Justice as the highest authority, the General Court which is actually the renamed Court of First Instance, and specialized courts that replaced the judicial panels. The second category includes changes that expand the jurisdiction of the Court to certain new areas owing to the abolition of the former EU pillar structure and the dissolution of the European Community. On such a basis, an integration of court jurisdiction regarding the first and third pillar ensued, as the Court of Justice was vested with general and compulsory jurisdiction over the entire law created in the newly established area of freedom, security and justice. The exception is the area of common foreign and security policy, in which the Court's jurisdiction still remains excluded. The third type of amendment extends the scope of judicial reviews of the validity of acts adopted by EU institutions and enables authorized subjects an easier access to the Court. Their aim is to strengthen the rule of law within the legal system of

Illinois court seeks new course in AIDS phobia cases.

Science.gov (United States)

1997-07-25

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

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

Science.gov (United States)

Cardao-Pito, Tiago

2016-01-01

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

Competition rules and health care players: principles and consequences.

Science.gov (United States)

Fornaciari, Diego; Callens, Stefaan

2012-01-01

Competition rules maximise consumer welfare by promoting efficient use of scarce resource and thus high output, low prices, high quality, varied services, innovation, production and distribution. European courts consider doctors and hospital staff as undertakings (any entity that performs economic activities), so that if they enter into agreements then they have to comply with competition rules. This paper's objective is to determine whether competition law, which applies to undertakings, can in fact be applied to different healthcare-sector players and whether specific rules are needed regarding competition between healthcare undertakings. Data were selected from relevant European and national case law, European institution legal documents (such as regulations, guidelines and communications) and healthcare competition law literature, and then examined. The paper finds that competition rules are applicable to healthcare players considering the consequences if competition rules are applied to the healthcare market. For market processes to result in the appropriate cost, quality and output, competition law must be proactive. In other words, quality must be fully factored into the competitive mix, allowing consumers to weigh healthcare price and non-price characteristics. Countries have different healthcare system and competition rules (although similar), competition rule impact is different for each country. Some healthcare systems are more regulated and there will be less opportunity for healthcare players to compete. Efficiently applying competition law to healthcare players means that several challenges need facing, such as healthcare quality complexity and court scepticism. This article points out the challenges when competition law is applied to the healthcare sector and how these challenges are faced in certain countries such as The Netherlands.

The corporate opportunity doctrine – An inflexible or flexible rule

Directory of Open Access Journals (Sweden)

Anthony O. Nwafor

2013-07-01

Full Text Available The corporate opportunity doctrine is often seen as a prophylactic rule of strict ethic which is inflexibly applied in enforcing the fiduciary duties owed by directors to their companies. A close examination of some of the cases in which the rule has been applied, however, reveals that apart from the general restatement of the rule by the courts, the actual application of the rule in those cases are reflections of the peculiarities of the individual cases. The paper argues that a flexible approach is more realistic and enjoins the courts in interpreting and applying the various provisions of the statute that have codified this rule, to lean more on those decisions that reflect sensitivity to the peculiarities of the cases.

The Court's Position on Cross-Border Losses: A Quest for the Well-Being of EU Citizens?

NARCIS (Netherlands)

Monteiro, R.; Kiers, M.

2013-01-01

On 6 September 2012, a new chapter was added to the cross-border loss relief litigation saga with the European Court of Justice's (the Court) ruling in Philips Electronics. This case concerned the compatibility of the British group relief regime with the freedom of establishment. Under this regime,

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

Science.gov (United States)

Jorqui Azofra, María

2007-01-01

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

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

Science.gov (United States)

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

2011-01-01

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

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

Science.gov (United States)

Abeles, Norman

2010-11-01

This article deals with a case that recently came before the U.S. Supreme Court. The issues involved whether attorneys provided effective assistance to a person convicted of murder when no mitigating evidence was presented (either strategically or by neglect) to the jury concerning the intellectual disabilities of their client during the death penalty phase of the trial. The Supreme Court had previously ruled that the death penalty for intellectually disabled individuals (mentally retarded) constituted cruel and unusual punishment. In this case the attorneys made a strategic decision not to present possibly mitigating evidence for the death penalty phase. The Supreme Court considered whether the appeals court abdicated its judicial review responsibilities. The results of psychological evaluations are presented, and the decisions of the Supreme Court are discussed. PsycINFO Database Record (c) 2010 APA, all rights reserved.

Ruling Allowing Induced Abortion in Colombia: a Case Study

OpenAIRE

Martinez Orozco, Camilo Eduardo

2007-01-01

The aim of this work is to present and examine the ruling on which the Colombian Constitutional Court declared the blanket criminalization of induced abortion to be unconstitutional: ruling C-355/061; all of this based in the understanding I have achieved of the Courts’ reasoning. In the first section I will present the norms that constituted the blanket prohibition of abortion, as well as the likely situation of its practice, both by the time the Constitutional Court took up the analysis of ...

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

OpenAIRE

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

2011-01-01

On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its revi...

Original jurisdiction of the Superior Administrative Court for litigation on licensing of large-scale commercial plants

International Nuclear Information System (INIS)

Ule, C.H.

1983-01-01

Proceeding from the suggestion of the Bundesrat (Deutscher Bundestag, Document 9/1851) concerning the draft of Rules of the Administrative Courts (VwGO), according to which original jurisdiction of the Higher Administrative Court (OVG) is to be introducing legel actions concerning the licensing of large scale installations in the field of energy, the author points out the now existing regulations and former ones in administrative jurisdiction and criminal jurisdiction by which legal protection is limited to a court of first instance which is competent for fact-finding (e.g. sec. 138 Para. 1 Act of compulsory consolidation of the boundaries of land (FlurbG), sec. 47 Rules of the Administrative Courts (VwGO), sections 24 Para. 1 No. 3, 74 Para. 1 p. 2 Judicature Act (GVG). He tries to transfer the idea of accelerating legal procedure from the model of the Criminal Court in criminal jurisdiction to administrative jurisdiction. Finally, the author examines the question whether cutting down the length of proceedings is really necessary, or if the same result could be reached by making an appeal subject to special admission. (HP) [de

Challenging Sex Discrimination Through the Courts: Maternity Leave Policies.

Science.gov (United States)

Pottker, Janice

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

Grounds for the Specialization of Courts and Judges in Russia

Directory of Open Access Journals (Sweden)

Lydia Terekhova

2014-01-01

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

Protection of asylum seekers and illegal migrants human rights: Practice of the European Court of Human Rights

Directory of Open Access Journals (Sweden)

Đukanović Anđela

2015-01-01

Full Text Available Protection of asylum seeker and Illegal migrants human rights, has often been difficult due to the need of states to regulate unwanted migration flows. European Court of Human Rights plays an important role in protecting the rights of these individuals, through a set of human rights. Requests for interim measures under Rule 39 of the Rules of Court also have great importance. In cases involving illegal migrants and asylum-seekers, Court was often in difficult position, given the contradictions that could arise from the protection of human rights and the legitimate aim of the Contracting States to control the entry, residence and expulsion of aliens. Recent Courts judgment in case of M. S. S. against Belgium is particularly important, because of its remarkable influence on the perception of a common asylum system in the EU, as well as the judgment in the case of Jama Hirsi and Others v. Italy.

Abandoning the common law: medical negligence, genetic tests and wrongful life in the Australian High Court.

Science.gov (United States)

Faunce, Thomas; Jefferys, Susannah

2007-05-01

The Australian High Court recently found that the common law could allow parents to claim tortious damages when medical negligence was proven to have led to the birth of an unplanned, but healthy, baby (Cattanach v Melchior (2003) 215 CLR 1). In Harriton v Stephens (2006) 80 ALJR 791; [2006] HCA 15 and Waller v James; Waller v Hoolahan (2006) 80 ALJR 846; [2006] HCA 16 the High Court in a six-to-one decision (Kirby J dissenting) decided that no such claim could be made by a child when medical negligence in failing to order an in utero genetic test caused the child severe disability. In an era when almost all pregnancies will soon require patented fetal genetic tests as part of the professional standard of care, the High Court, by barring so-called "wrongful life" (better termed "wrongful suffering") claims, may have created a partial immunity from suit for their corporate manufacturers and the doctors who administer them. What lessons can be learnt from this case about how the Australian High Court is, or should be, approaching medical negligence cases and its role as guardian of the Australian common law?

Playing by the rules. The Hague courts and the Acteonisation du Grand Veneur d’Hollande (1643

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Marika Keblusek

2017-02-01

Full Text Available This article discusses an unpublished play, Acteonisation du Grand Veneur d’Hollande (1643. Created – and possibly performed – within the immediate circle of the court of Elizabeth of Bohemia in The Hague, its anonymous author satirizes the various personalities in the Orange courts of respectively Frederik Hendrik and Amalia von Solms, and Willem II and Mary Stuart. Focusing on the social ambitions of Johannes Polyander van Kerckhoven, Lord of Heenvliet, and by using the popular myth of Actaeon and Diana, the clash between court and city, between princely aristocrats and republican burghers is played out.

DISPARITY OF PUNISHMENT AT THE COURT OF THE CRIME OF CORRUPTION

Directory of Open Access Journals (Sweden)

Arifuddin -

2015-07-01

Full Text Available Research on the judge's ruling against the disparity of offender criminal acts of corruption as well as the factors that influence the occurrence of the judge's verdict, the disparity was held in the Court of a criminal offence, Corruption in the courts, the courts of Makassar Tipikor Tipikor Bandung, with this type of problem identification research perskriptif-shaped, with the descriptive nature of the use of legal normative approach. Primary data obtained through interviews with as many as 15 judges and prosecutors as well as 7 5 academics 3 advocates determination technique done with a sample of secondary data and sampling purporsiv acquired through the study of librarianship is analyzed then qualitatively.The research results showed that determination of the disparity, mistakes and condemnation to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in the great Mahkama occurs because positive Indonesia corruption criminal law that gives broad freedom to determine fault and criminal type (strafsoort both weighs criminal ringannya or (strafmaat to the perpetrator of the criminal offence of corruption all not under the minimum standard of judgment and memlampaui the maximum punishment standards defined in legislation the eradication of criminal acts of corruption. Factors that cause the occurrence of an error or judgment determining the disparity to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in legal substance Agungadalah Mahkama factor, which gives freedom to the judge in deciding guilt and punishment inflicted to the defendant, politics and power, because the perpetrator of the criminal offence of corruption involves many officials or former officials of the regional social stratification, which is strong in the Association

Compulsory Licensing of Journalists: Protection or Restraint? A Discussion on the Inter-American Court of Human Rights' Advisory Opinion on the Costa Rica Case.

Science.gov (United States)

Miranda, Patricia

In 1985 the Inter-American Court of Human Rights ruled that a Costa Rican statute requiring journalists to be licensed violates the American Convention on Human Rights and, by extension, all human rights conventions. Though press freedom advocates hailed it as a major triumph for freedom of expression, the court's ruling was only advisory and has…

The right to appeal a judgment of the Extraordinary Chambers in the courts of Cambodia

NARCIS (Netherlands)

O'Neill, L.; Sluiter, G.

2009-01-01

In early 2007, we submitted a report to the Extraordinary Chambers in the Courts of Cambodia commenting on several aspects of its then-draft Internal Rules, including whether the ECCC’s envisaged appeal system adhered to international standards. The Internal Rules were adopted in June 2007, and then

Circumventing the Privity Rule in Malaysia

OpenAIRE

Pei Meng, Tan

2009-01-01

This article briefly introduces the privity rule and its application in Malaysia which has created difficulties in relation to contracts made for the benefit of third parties. This article then investigates how Malaysian courts circumvent the privity rule to ensure that justice prevails. The mechanisms examined include among others agency, trust, tort and estoppel. This article argues that the application of these mechanisms rule are not adequate to resolve the difficulties caused by the priv...

Gender, Colonialism and Rabbinical Courts in Mandate Palestine

Directory of Open Access Journals (Sweden)

Lisa Fishbayn

2011-11-01

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

CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

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Yuliya Nadtochey

2017-01-01

Full Text Available The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.The methodology of this research consists of universal methods (such as analysis, synthesis, comparison and jurisprudence-specific methods.In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.

The importance of least restrictive care: the clinical implications of a recent High Court decision on negligence.

Science.gov (United States)

Ryan, Christopher James; Callaghan, Sascha; Large, Matthew

2015-08-01

This paper aims to explain the meaning and implications for practice of the High Court of Australia's finding in the negligence case, Hunter and New England Local Health District v McKenna [2014] HCA 44. The facts of the case and the law of negligence are reviewed before reporting the Court's decision. The High Court found that the obligation upon doctors to provide the least restrictive option for care that was imposed by the, then applicable, Mental Health Act 1990 (NSW) was inconsistent with an obligation that might otherwise be imposed by a common law duty to have regard to the interests of those with whom a psychiatric patient may come into contact if not detained. The Court's finding underlines the importance of clinicians documenting their clinical reasoning around why their negotiated management plan was the option least restrictive of the patient's freedom and most protective of his or her human rights. © The Royal Australian and New Zealand College of Psychiatrists 2015.

European Union. Court of Justice of the European Union: EU Law and Fundamental Rights Preclude Requested Filtering Injunction against Hosting Provider

NARCIS (Netherlands)

Breemen, K.

2012-01-01

On 16 February 2012, the Court of Justice of the European Union delivered its preliminary ruling in the case of SABAM v. Netlog NV. The judgment was issued on a request made by the Court of First Instance of Brussels.

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

International Nuclear Information System (INIS)

Zimmermann, B.

1992-01-01

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

USA SUPREME COURT OF JUSTICE AND EUROPEAN COURT OF JUSTICE (COMPARISON

Directory of Open Access Journals (Sweden)

Ovidiu-Horia Maican

2017-12-01

Full Text Available The US Supreme Court and the European Court of Justice are coordinating constitutional review. Although the European Union does not have a constitution, the European Court often engages in what functionally amounts to constitutional review, particularly in relation to the quasi-federal structure of the EU. Both courts have engaged in the constitutionalization of politics and seem in risk of politicizing the constitution. The threats to their respective powers and legitimacy are different. The US Supreme Court is vulnerable to internal forces (the President, Congress, national public opinion whereas the European Court is vulnerable to external forces (the member states and, in particular, theirs constitutional courts.

77 FR 33635 - Amendment to the Bank Secrecy Act Regulations-Requirement That Clerks of Court Report Certain...

Science.gov (United States)

2012-06-07

... business rule reflects that the definition of currency used therein is slightly different from the... Amendment to the Bank Secrecy Act Regulations--Requirement That Clerks of Court Report Certain Currency...: FinCEN is amending the rules relating to the reporting of certain currency transactions consistent...

K-12 Implications Seen in Some Cases before High Court

Science.gov (United States)

Walsh, Mark

2010-01-01

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…

New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

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Dimitrijević Marko

2016-01-01

Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

Is piercing the veil contrary to high authority? A footnote to the "never-ending story"

OpenAIRE

Breakey, Peter

2013-01-01

Reviews the Supreme Court ruling in VTB Capital Plc v Nutritek International Corp, and reflects on Lord Neuberger's argument that piercing the corporate veil is "contrary to high authority". Examines the background to the decision, details the court's treatment of the earlier House of Lords ruling in Woolfson v Strathclyde RC, and analyses the ratio of Woolfson and that of the House of Lords judgment in Salomon v Salomon. Considers the opportunity for the Supreme Court to provide further clar...

Mandatory appearances of forensic examiner for cross-examination in court and related systemic improvement under china's criminal procedure

Directory of Open Access Journals (Sweden)

Jianye Qu

2017-01-01

Full Text Available In China's criminal procedure system, forensic advice is one of the key types of evidence. These advices play an important part in discovering the facts of a case, convictions, and sentencing, and they cannot be ignored in assessments of guilt and the death penalty. However, due to broad and flexible criminal laws, in actual litigation, the nonappearance of forensic examiner or mere provision of documentation of advice read in court has become the norm. This has led to the existence in name only of cross-examination rights, which directly damages the legitimate rights and interests of the parties and the objective and impartial rulings of referees. At present, there is no legal clarity in criminal proceedings that examiner should or should not be examined in court. In my opinion, the entire court system should require an appearance in court, which must be a clear mandatory appearance with specific exceptions. The system should guarantee the forensic examiner' mandatory appearances, which would inevitably improve the rules of evidence.

ASPECTS REGARDING THE ENFORCEABILITY AGAINST THIRD PARTIES OF CHOICE OF COURT AGREEMENTS IN INTERNATIONAL DISPUTES

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Alina Oprea

2016-11-01

Full Text Available The problem enforceability of agreements conferring jurisdiction to persons other than the parties that have accepted knows no textual legal settlement in European procedural law. Through its action, the European Court of Justice, however, brought important clarifications in the matter, without following yet a uniform: the disputes brought before it, the high European court preferred for certain hypotheses to consider solutions of national law, effectiveness agreements conferring jurisdiction admissible conditioning; other times, she opted for the formulation of European autonomous substantive rules recognizing or, alternatively, directly denying their effectiveness. In an attempt to bring more clarity in the matter, the study proposes a review of existing solutions, identifying their justifications and offering several key milestones that should be considered in solving concrete problems in practice.

26 CFR 301.6863-2 - Collection of jeopardy assessment; stay of sale of seized property pending Tax Court decision.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Collection of jeopardy assessment; stay of sale of seized property pending Tax Court decision. 301.6863-2 Section 301.6863-2 Internal Revenue...; stay of sale of seized property pending Tax Court decision. (a) General rule. In the case of an...

THE RIGHT TO AN INDEPENDENT COURT

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ALIN-GHEORGHE GAVRILESCU

2011-04-01

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

39 CFR 230.10 - What do these rules govern?

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false What do these rules govern? 230.10 Section 230.10 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION OFFICE OF INSPECTOR GENERAL Rules Governing Compliance With Subpoenas, Summonses, and Court Orders by Postal Employees Within the...

Challenging a court settlement: Concept, legal nature and methods of challenging in domestic and comparative law

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Salma Marija

2011-01-01

Full Text Available In this paper the author offers analysis of rules regulating the challenging of a court settlement in light of the evolution and legal nature of the court settlement in domestic and comparative law (Austrian, German, and Hungarian laws. The method of the procedural challenge depended on the understanding whether the settlement is an agreement (contract between parties before the court or it is a decision of the court (on acceptance or rejection of the proposal of the parties to reach a settlement. In the earlier instance the method of challenge is by filing of an action, and in the latter instance it represents a form of a legal remedy, most often extraordinary legal remedy - request for repetition of a trial, against final and binding decision of the court by which the settlement was either accepted or rejected. Theoretical dilemma about the legal nature of the court settlement, had an effect on normative regulations, as well as on court practice. In the Serbian law, this dilemma was resolved by enactment of the Civil Procedure Code which explicitly regulates that court settlement is challenged by an action before the court. As a result of this, the idea of a court settlement, as a form of an agreement, prevailed in the legal system. However, considerable procedural effects of the court settlement cannot be ignored. The principal procedural effect is that the litigation is terminated. Further, the court settlement represents a form of an executive title.

The challenges faced by the Constitutional Court of Lithuania during the global economic crisis

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Birmontienė Toma

2015-01-01

Full Text Available The Constitutional Court of the Republic of Lithuania is forming a broad and distinctive doctrine on the possibility of limitation of social rights during an economic crisis. This doctrine is inter alia grounded upon the imperatives of a state under the rule of law, equality of rights, justice, proportionality, protection of legitimate expectations, social solidarity, the constitutional concept of the state budget and other constitutional imperatives. The Constitutional Court has also formulated certain general principles which must be followed when in a situation of an economic crisis the legislator may adopt decisions on reduction of social rights guarantees. This doctrine is also influenced by international law, inter alia the law of the European Convention on Human Rights. While considering the cases related to implementation of social rights, the Constitutional Court also takes account of the case-law of the constitutional courts of other states.

Mental health court outcomes: a comparison of re-arrest and re-arrest severity between mental health court and traditional court participants.

Science.gov (United States)

Moore, Marlee E; Hiday, Virginia Aldigé

2006-12-01

Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.

NATIONAL COUNCIL FOR COMBATING DISCRIMINATION – COURT OF JUSTICE OF EUROPEAN UNION – BUCHAREST COURT OF APPEAL. CAUSE C-81/12

Directory of Open Access Journals (Sweden)

Cristian JURA

2014-05-01

Full Text Available The scope of this investigation consists in closing the jurisdictional circle initiated in 2010 and analysing the national and European procedural, jurisdictional-administrative issues, in case of notifying some institutions related to certain discriminatory assertions. The investigation relies on assertions made during a radio show. On 12 October 2011 the Bucharest Court of Appeal ruled the notification of the Court of Justice of European Union related to preliminary questions formulated and ordered the suspension of the case until the settlement of the procedure. In 2013, the Bucharest Court of Appeal, although initially accepting the preliminary application of ACCEPT, submitting the case to the Court of Justice of European Union in order to determine the manner of interpretation of communitarian legislation related to the claims of plaintiff, eventually all arguments of CNCD have been accepted that is the warning is an effective, reasonable, dissuasive and (contextual proportional sanction, and such declaration cannot be understood as a discrimination in the labour field. De facto, the assertions of CNCD were in full agreement with the resolution of the Court of Justice of European Union, that is the communitarian legislation does not exclude the application of some sanctions without pecuniary character, such as the sanction with warning, since this kind of sanction does not have only a symbolic character, being a contraventional legal sanction, mainly when associated a relevant degree of advertising (such in the case, and the addressee is addressed, with arguments, directly and expressly the recommendation of meeting the non-discrimination principle, under the implicit effect of a more drastic sanction in case of relapse (discrimination in the same field.

Court rules against failed viatical firm in investor suit.

Science.gov (United States)

1999-10-01

A Federal appeals court has revived a claim against Dignity Partners Inc., a viatical business, and offshoot of a financial-services firm. Dignity Partners operated by buying the life insurance policies of terminally ill people. The company was charged with making false and misleading statements in its prospectus for an initial public stock offering. Five months later, the company announced that it would not accept new customers with AIDS, a group which represented 95 percent of its accounts at that time. The company had information from researchers and clinicians that the introduction of protease inhibitors would greatly increase life expectancy for its customers and would reduce company profits. This information was not generally available to potential investors. The suit against the company alleges violations of the Securities Act of 1933 and the Exchange Act of 1934, both which govern stock trading.

The High Court's lost chance in medical negligence: Tabet v Gett (2010) 240 CLR 537.

Science.gov (United States)

Faunce, Thomas; McEwan, Alexandra

2010-12-01

In 2010 the High Court of Australia in Tabet v Gett (2010) 240 CLR 537 determined an appeal in a medical negligence case concerning a six-year-old girl who had presented to a major paediatric hospital with symptoms over several weeks of headaches and vomiting after a recent history of chicken pox. The differential diagnosis was varicella, meningitis or encephalitis and two days later, after she deteriorated neurologically, she received a lumbar puncture. Three days later she suffered a seizure and irreversible brain damage. A CT scan performed at that point showed a brain tumour. As Australia does not have a no-fault system providing compensation to cover the long-term care required for such a condition, the girl (through her parents and lawyers) sued her treating physician. She alleged that, because a cerebral CT scan was not performed when clinically indicated after the diagnosis of meningitis or encephalitis and before the lumbar puncture, she had "lost the chance" to have her brain tumour treated before she sustained permanent brain damage. She succeeded at first instance, but lost on appeal. The High Court also rejected her claim, holding unanimously that there were no policy reasons to allow recovery of damages based on possible (less than 50%) "loss of a chance" of a better medical outcome. The court held that the law of torts in Australia required "all or nothing" proof that physical injury was caused or contributed to by a negligent party. The High Court, however, did not exclude loss of chance as forming the substance of a probable (greater than 50%) claim in medical negligence in some future case. In the meantime, patients injured in Australia as a result of possible medical negligence (particularly in the intractable difficult instances of late diagnosis) must face the injustice of the significant day-to-day care needs of victims being carried by family members and the taxpayer-funded public hospital system. The High Court in Tabet v Gett again provides

School Discipline in the Dark: Crippling Court Confusion Offers Mixed Messages for School Administrators Attempting to Discipline Students for Cyber Misconduct

Science.gov (United States)

Summers, Beth A.

2013-01-01

This dissertation examines the demarcation line of school authority between off campus conduct and on campus discipline involving student cyber speech. A lack of clear direction from the Supreme court has left school administrators wading through a quagmire of advice and disparate lower court rulings regarding their authority to punish students…

Matching Judicial Supervision to Clients’ Risk Status in Drug Court

Science.gov (United States)

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

2007-01-01

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

Importance of court practice review in Russian arbitration (commercial) court proceedings

OpenAIRE

Solovyev, A.

2013-01-01

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

"PAY NOW, ARGUE LATER" RULE – BEFORE AND AFTER THE TAX ADMINISTRATION ACT

Directory of Open Access Journals (Sweden)

Carika Keulder

2013-12-01

Full Text Available The South African Revenue Service (SARS is entrusted with the duty of collecting tax on behalf of the South African government. In order to ensure effective and prompt collection of taxes, the payment of tax is not suspended pending an objection or an appeal, unless directed otherwise. This is also known as the "pay now, argue later" rule, and, for value-added tax purposes, is provided for in terms of section 36 of the Value-Added Tax Act 89 of 1991. The "pay now, argue later" rule in terms of section 36 of the Value-Added Tax Act prima facie infringes on a taxpayer's right of access to the courts as envisaged in section 34 of the Constitution. This is due to the fact that a taxpayer is obliged to pay tax before being afforded the opportunity to challenge the assessment in a court. In Metcash Trading Ltd v Commissioner for the South African Revenue Service, the Constitutional Court held the "pay now, argue later" rule in terms of section 36 to be constitutional. Olivier, however, does not agree with the court on several matters. Amongst the problems she indicates are that the taxpayer does not have access to the courts at the time the rule is invoked, and that the court did not consider the fact that there might be less invasive means available which would ensure that SARS's duty is balanced with the taxpayer's right of access to the courts. Guidelines were also issued which provide legal certainty regarding the factors SARS may consider in determining whether the payment of tax should be suspended or not. These guidelines also evoked some points of criticism. Since 1 October 2012, the "pay now, argue later" rule has been applied in terms of section 164 of the Tax Administration Act 28 of 2011. The question arises whether this provision addresses the problems identified in respect of section 36 of the Value-Added Tax Act and the guidelines. In comparing these sections, only slight differences emerged. The most significant difference is that

Violent Video Games and the Supreme Court: Lessons for the Scientific Community in the Wake of Brown v. Entertainment Merchants Association

Science.gov (United States)

Ferguson, Christopher J.

2013-01-01

In June 2011 the U.S. Supreme Court ruled that video games enjoy full free speech protections and that the regulation of violent game sales to minors is unconstitutional. The Supreme Court also referred to psychological research on violent video games as "unpersuasive" and noted that such research contains many methodological flaws.…

19 CFR 181.98 - Situations in which no NAFTA advance ruling may be issued.

Science.gov (United States)

2010-04-01

... subpart. No advance ruling letter will be issued in regard to a completed transaction. (b) Pending matters... issue the requested advance ruling. In addition, no NAFTA advance ruling letter will be issued with... other court will not preclude the issuance of an advance ruling letter, provided neither Customs nor any...

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

International Nuclear Information System (INIS)

Anon.

2010-01-01

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

19 CFR 177.7 - Situations in which no ruling will be issued.

Science.gov (United States)

2010-04-01

....7 Section 177.7 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY... for a ruling which fails to comply with the provisions of this part. Moreover, no ruling letter will... litigation in the United States Court of International Trade. No ruling letter will be issued with respect to...

Regional International Courts in Search of Relevance - Adjudicating Politically Sensitive Disputes in Central America and the Caribbean

DEFF Research Database (Denmark)

Caserta, Salvatore

2017-01-01

The Central American and of the Caribbean Courts of Justice (CACJ and CCJ) are hybrid judicial institutions. While their Member States chiefly envisaged them as EU-style regional economic courts, they have explored the whole extension of their formally delegated functions and have developed pecul...... sensitive issues becomes less surprising, and – the article argues – it constitutes part of a strategy of the judges to legitimize the two Courts vis-à-vis their peculiar institutional, political, and social environments....... peculiar expertise in matters relating to freedom of movement, human and fundamental rights, and mega-politics. The article explains how two ICs seemingly established to build common markets have come to rule on high-stakes political disputes, which, ostensibly, have little to do with regional economic...... integration. The article posits that the scholarship on delegation to ICs is only partially able to provide an answer to this question. It, hence, suggests an alternative theoretical framework by relying on transnational field theory and reflexive sociology. The article demonstrates that, despite the rhetoric...

ECHR rules on liability of ISPs as a restriction of freedom of speech

NARCIS (Netherlands)

Husovec, Martin

2014-01-01

The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on

Adverse tax rulings affect exemptions for clergy and religious.

Science.gov (United States)

Veres, J A

1986-12-01

Recent court cases illustrate the federal government's changing position toward automatic tax exemptions for members of religious institutes who are employed outside their institute. Before 1977, the IRS seemed inclined to assume that members acted as agents for their institute and that their income would not be taxable. In Fogarty v. U.S. the court ruled that a priest's income from a university teaching position was taxable because he was not acting as an agent for the Jesuits. In Schuster v. Commissioner, the court held for the government, stating that the "triangle relationship" among employee, outside third-party employer, and principal/religious institute was insufficient to warrant the necessary agency relationships. Samson v. U.S. questioned whether Sr. Mary K. Samson's county hospital work constituted "employment" for FICA tax purposes. The court concluded the tax was assessable on her wages because she was a county employee. It denied a rehearing after a dissenting judge concluded that past rulings were inconsistent and had little bearing on FICA taxation. The legal view of religious tax exemption is much narrower than 10 years ago. Catholic institutes must closely analyze the relationship between their members and outside third-party employers to avoid taxation. They must legally assert their control over their members' actions before the employment is in effect.

A plea for caution: violent video games, the Supreme Court, and the role of science.

Science.gov (United States)

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

2011-04-01

On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its review and interpretation of the medical and social science literature addressing the effects of violent video games on children. Those on both sides of the violent video game debate claim that the scientific literature supports their opinions. Some involved in the debate have proclaimed that the debate is scientifically settled and that only people holding personal interests and biases oppose these "established truths." We review the historical similarities found in the 1950s comic book debate and studies identified from a PubMed search of the term violent video games showing both the harmful and beneficial effects of these video games. We define factors that physicians need to consider when reading and stating opinions about this literature. Opinions from past court rulings are discussed to provide insight into how judges may approach the application of these social science studies to the current legal issue. Although on the surface the case of Schwarzenegger v Entertainment Merchants Association pertains only to the restriction of violent video games, it may establish principles about how medical and public health testimony can affect fundamental constitutional rights and how much and on what basis the courts will defer to legislators' reliance on unsettled science.

Historical Relics and Qing Rule Over Tibet

Institute of Scientific and Technical Information of China (English)

无

2004-01-01

In October 1720, when the Qing troops had driven the Zungar forces out of Tibet, the Qing court started to reform the govemment system of the region that was geared to control by Tibetans of the upper ruling class.

39 CFR 230.11 - What special definitions apply to these rules?

Science.gov (United States)

2010-07-01

... 39 Postal Service 1 2010-07-01 2010-07-01 false What special definitions apply to these rules? 230.11 Section 230.11 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION OFFICE OF INSPECTOR GENERAL Rules Governing Compliance With Subpoenas, Summonses, and Court Orders by Postal...

At the Supreme Court.

Science.gov (United States)

Williams, Charles F.

2000-01-01

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…

COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

Directory of Open Access Journals (Sweden)

Ioana Nely Militaru

2015-11-01

Full Text Available Court of Justice of the European Union (CJEU performs according to its competence, the position of International Justice in solving disputes between two or more subjects of international law. International jurisdiction of the Court of Justice of the EU is - mandatory that each Member State has the opportunity to seize this court if it considers that another state violated an obligation incumbent upon it under Union Treaties; - optional in disputes between Member States in connection with the subject Union Treaties.

"ONE PERCENT INSPIRATION AND 99 PERCENT TRACING PAPER”: THE PAN-ELECTRIC SCANDAL AND THE MAKING OF A CIRCUIT COURT JUDGE, APRIL-NOVEMBER 1886

OpenAIRE

Harvey Gresham Hudspeth

2005-01-01

The Pan-Electric scandal of 1886 grew out of a plot by prominent Southern Democrats to seize control of the fledgling telephone industry by filing suit in federal court to invalidate patents held by Alexander Graham Bell and Bell Telephone. The suit led to President Grover Cleveland's appointment of Tennessee senator Howell Edmunds Jackson to the Sixth Circuit federal court and a ruling by Jackson that led to the final court victory for Bell.

47 CFR 95.421 - (CB Rule 21) What are the penalties for violating these rules?

Science.gov (United States)

2010-10-01

... FCC finds that you have willfully or repeatedly violated the Communications Act or the FCC Rules, you...) of the Communications Act.) (b) If the FCC finds that you have violated any section of the... section 312(b) of the Communications Act.) (c) If a Federal court finds that you have willfully and...

Federal Constitutional Court - report on Court decisions 1984 no. 40-56

International Nuclear Information System (INIS)

Berkemann, J.

1985-01-01

The decision deals with the question to which extent administrative courts have to examine the case in summary proceedings against licences pursuant to Atomic Energy Law. The Federal Constitutional Court examines the question if the administrative court has, in checking the chances, misjudged the importance of the appellant's fundamental rights and thus infringed his constitutionally protected position. In this case, the Court comes to the result that after having adjusted the determined interests, the confirmation of immediate execution did not infringe the fundamental rights of the appellant. (HP) [de

75 FR 81645 - Meeting of the Judicial Conference Advisory Committee on Rules of Criminal Procedure

Science.gov (United States)

2010-12-28

.... McCabe, Secretary, Rules Committee Support Office, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502-1820. Dated: December 21, 2010. Peter G. McCabe, Rules Committee...

Tax duties and entry into the cadastre of real estates: Commentary following the decision of the Constitutional Court of Serbia

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Cvetić Radenka

2013-01-01

Full Text Available This article describes what happened to the rule according to which it was not possible to register property and related rights into the registry on real estates without a prior fulfillment of tax duties related to the transfer of property rights, as well as tax duties in relation to inheritance and donations. Inadequacy of this rule and its incompatibility with our legal system has been assessed through its inconsistency with the Constitutional guarantee on the peaceful enjoyment of property, but also with the property law. Along the same lines the article follows the reasons given by the Constitutional Court in its decision on the inconsistency of the given rule with the Constitution in which the Constitutional Court opined that the rule that was struck down was also contrary to certain principles of the cadastre on real estates, such as the principle of the entry into cadastre. Regardless of the fact that the old rule significantly facilitated tax collection, this still cannot justify its existence and should not serve as the ground for a possible (third re-introduction of this rule into the system.

DEVELOPMENTS IN THE CONSTITUTIONAL REVIEW. CONSTITUTIONAL COURT BETWEEN THE STATUS OF NEGATIVE LEGISLATOR AND THE STATUS OF POSITIVE CO-LEGISLATOR

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Marieta Safta

2012-11-01

Full Text Available The study wants to emphasize that Constitutional Courts belonging to the European model depart from their traditional role as ”negative legislator” – which refers to the effect of their acts consisting in removal from the legal system of those rules contrary to the Basic Law -, becoming, to a certain extent, a ”positive legislator”. Official interpreters of the Constitution, Constitutional Courts assume, sometimes, a role of co-legislators, creating provisions they deduct from the Constitution - when controlling the absence of legislation or legislative omissions -, and revealing the content of constitutional and even infraconstitutional rules accordingly with the Constitution in their case-law, whose effects are nothing but specific forms of „impulse” or „coercion” of the legislator to proceed in a certain sense, and whose continuous development guides the evolution of the entire legal system. Case – law selected presents ways in which the Constitutional Court of Romania is associated to law-making activity. Without minimizing in any way its traditional role as "negative legislator", the study refers mainly to acts and situations that give expression to the creative role of the Constitutional Court of Romania.

"ONE PERCENT INSPIRATION AND 99 PERCENT TRACING PAPER”: THE PAN-ELECTRIC SCANDAL AND THE MAKING OF A CIRCUIT COURT JUDGE, APRIL-NOVEMBER 1886

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Harvey Gresham Hudspeth

2005-01-01

Full Text Available The Pan-Electric scandal of 1886 grew out of a plot by prominent Southern Democrats to seize control of the fledgling telephone industry by filing suit in federal court to invalidate patents held by Alexander Graham Bell and Bell Telephone. The suit led to President Grover Cleveland's appointment of Tennessee senator Howell Edmunds Jackson to the Sixth Circuit federal court and a ruling by Jackson that led to the final court victory for Bell.

The Court is dead, long live the courts?: On judicial review in Poland in 2017 and „judicial space” beyond

OpenAIRE

Koncewicz, Tomasz Tadeusz

2018-01-01

How should Polish judges respond, now that the Constitutional Court is being used in the day-to-day politics, and keeps delivering goods for its political masters? We have to be unequivocal here. Any future decisions taken by the „fake Court” with the “fake” judges sitting on the cases will be marred by invalidity. The ordinary judges will have a valid claim not to follow these rulings. Should they decide to follow decisions made with the participation of, or made by, “fake” judges, their own...

How the European Court «judges» history (to the problem of judicial activism

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О. П. Євсєєв

2015-05-01

Full Text Available Problem setting. It’s striking that even such seemingly distant from political speculations international jurisdictional authority, as the European Court of Human Rights has nolens volens to give not only a legal qualification of the alleged violations, but also a legal assessment of the historical facts presented by the parties or by the Court office. It is significant that this kind of assessment can cause violent reactions, sometimes even more bitter than that which concerns the violation. In the analysis of such cases, referred to as «sensitive», we see the purpose of this article. It should be emphasized that this topic has never been covered in the domestic legal literature. Recent research and publications analysis. It should be pointed out that these estimates are given by the High Court is not arbitrary, and in the context of another, much broader phenomenon, called «judicial activism». In relation to the activities of the European Court identified the phenomenon manifests itself in several forms. First, it can occur when the Court has several options for interpretation in the framework of its case-law, but it goes beyond that - and then his choice has legal effect, destroying the value of the previous precedents. Secondly, it is not always a clear position on procedural matters, as it was in the «Katyn case» (Janovec and others v. Russia. Then the Court was confronted with an event that took place not only before the ratification of the Convention by the Respondent state (1998, but even before it was born (1950, which was indicated in the dissent of the judge from Ukraine Yudkivska.  As a general rule, the Court would have had to reject filed a claim as not corresponding to the criteria ratione temporis, however, the proceedings were not only open, but also culminated in the decision of the full decision, according to which Russia pledged to pay significant compensation to the relatives of the victims. In many respects the

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

Science.gov (United States)

McQuoid-Mason, David J

2017-04-25

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. Therefore, if Parliament does not intervene beforehand, such applications can be made - provided the applicants have legal standing, full arguments are presented regarding local and foreign law, and the application evidence is comprehensive and accurate. The Appeal Court indicated that the question should be answered by Parliament because 'issues engaging profound moral questions beyond the remit of judges to determine, should be decided by the representatives of the people of the country as a whole'. However, the Government has not implemented any recommendations on doctor-assisted suicide and voluntary active euthanasia made by the South African Law Commission 20 years ago. The courts may still develop the law on doctor-assisted death, which may take into account developments in medical practice. Furthermore, 'the possibility of a special defence for medical practitioners or carers would arise and have to be explored'.

Implications and reflections on the 2010 Supreme Court ruling on Canada's AHR Act

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Deonandan R

2011-11-01

Full Text Available Raywat Deonandan, Tarun RahmanInterdisciplinary School of Health Sciences, University of Ottawa, Ottawa, Ontario, CanadaAbstract: In December, 2010, Canada's 6 year old Assisted Human Reproduction Act was successfully challenged in the Supreme Court of Canada. There may be important implications for public health and the evolution of reproductive technologies in this country.Keywords: public health, reproductive medicine, IVF, ART, in vitro fertilization (IVF

Do Courts Consider the Degree of Discipline When Adjudicating Off-Campus Student Speech?

Science.gov (United States)

Dagley, Amy L.; Weiler, Spencer C.

2017-01-01

The purpose of this legal analysis was to determine if there was evidence suggesting that courts, when ruling on off-campus student speech cases that result in on-campus discipline, take into consideration the degree of discipline imposed by school officials. The analysis consisted of reviewing the 34 adjudicated and published cases that…

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

Science.gov (United States)

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

2011-01-01

On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its review and interpretation of the medical and social science literature addressing the effects of violent video games on children. Those on both sides of the violent video game debate claim that the scientific literature supports their opinions. Some involved in the debate have proclaimed that the debate is scientifically settled and that only people holding personal interests and biases oppose these “established truths.” We review the historical similarities found in the 1950s comic book debate and studies identified from a PubMed search of the term violent video games showing both the harmful and beneficial effects of these video games. We define factors that physicians need to consider when reading and stating opinions about this literature. Opinions from past court rulings are discussed to provide insight into how judges may approach the application of these social science studies to the current legal issue. Although on the surface the case of Schwarzenegger v Entertainment Merchants Association pertains only to the restriction of violent video games, it may establish principles about how medical and public health testimony can affect fundamental constitutional rights and how much and on what basis the courts will defer to legislators' reliance on unsettled science. PMID:21454733

47 CFR 95.218 - (R/C Rule 18) What are the penalties for violating these rules?

Science.gov (United States)

2010-10-01

... FCC finds that you have willfully or repeatedly violated the Communications Act or the FCC Rules, you...) of the Communications Act.) (b) If the FCC finds that you have violated any section of the... section 312(b) of the Communications Act.) (c) If a federal court finds that you have willfully and...

[Ruling of the Inter-American Court of Human Rights, the Case of Artavia Murillo et al (in vitro fertilization) v. Costa Rica; new hopes for the reproductive freedom in Latin America].

Science.gov (United States)

Brena, Ingrid

2013-01-01

Modern reproductive technology has not been completely accepted and, especially in-vitro fertilization, IVF has generated serious social, political and legal controversies in Latin America. We may distinguish two trends that show us the oppositions; on one hand, the primacy of the embryo's live and its protection during artificial reproductive process and on the other, the primacy of liberal access to assisted reproduction techniques. The debate came to the fore, after a ruling by the Costa Rica's Constitutional Chamber who banned de IVF in 2000. The damaged couples after fulfilling the process toward the Inter-American Commission on Human Rights, present a petition to the Inter-American Court of Human Rights. The Court's sentence and its arguments will be the subject of these comments as well that will allow to considered that both of them should be considered as a very important step towards the construction of a secular liberal vision over the assisted reproduction in Latin America.

The impact of decisions the european court of human rights on the legal system of Ukraine

Directory of Open Access Journals (Sweden)

О. О. Сидоренко

2015-11-01

our country have an opportunity to apply for protection of violated rights to the European Court. The Convention, the basic human rights and freedoms, and in performance of work by an international agreement is necessary to consider the interpretation of the Court. It follows from Article 32 of the Convention, according to which the jurisdiction of the Court shall extend to all matters concerning the interpretation and application of the Convention and its Protocols. The case-law of the European Court increasingly becoming an important source of law in Ukraine. The European Court is the subject of judicial lawmaking. The high authority of the European Court was obtained by ensuring uniform interpretation and application of the Convention across the entire European continent. Number of appeals to the European Court is growing, and more and more of its decision relating to the interpretation of law, and the problems of its imperfection.Law of Ukraine «On execution of decisions and application of the European Court of Human Rights» dated February 23, 2006 by fundamental for the legal system of Ukraine provisions. The existence of precedents of the European Court as a unique source of law is due, usually gaps in the law or its ambiguous understanding. In terms of reforming legislation of Ukraine, the European Court in its systematic conceptual models provide certain legislative activities. The court is designed to ensure strict adherence to and compliance with the rules of the Convention by the States Parties. It carries out this task through the consideration and resolution of specific cases taken him to the proceedings on the basis of individual complaints filed by an individual, group of individuals or non-governmental organization. It is also possible filing complaints of violations of the Convention by the State - a member of the Council of Europe of another Member State. European court can not reverse the decision rendered by a public authority or national court

Past and Future for Management of Courts

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Bert Maan

2009-08-01

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.

A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

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Valentina BĂRBĂŢEANU

2016-05-01

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.

Legal positions of the Constitutional Court of Ukraine: main signs and definition

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Romana Reva

2016-04-01

Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

The Courts, the Agencies and the Advertiser: Does the Spirit Really Give Life?

Science.gov (United States)

Huttenstine, Marian L.; Kean, Lynn

This paper provides an analysis and review of recent court cases in which advertising was a major factor in determinations as to whether a breach of warranty or a false advertising claim existed. Special attention is given both to implied and to expressed warranty. When possible, discussion is structured to provide definitional or rule-making…

The Universal Jurisdiction of South African Criminal Courts and Immunities of Foreign State Officials

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Evode

2015-12-01

Full Text Available Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC, the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

Official Basketball Rules for Girls and Women. July 1972 - July 1973. Reprint.

Science.gov (United States)

American Association for Health, Physical Education, and Recreation, Washington, DC. Div. for Girls and Women's Sports.

The official American Association for Health, Physical Education, and Recreation (AAHPER) rules for girls and women's basketball, July 1972 - July 1973 are listed. Exact court measurements are given as are official scoring rules, timing procedures, duties of officials, definition of playing terms, violations and penalties, and officials' signals.…

Hazelwood v. Kuhlmeier: Supreme Court Decision Does Affect College and University First Amendment Rights.

Science.gov (United States)

Luna, Andrew

1996-01-01

Addresses the First Amendment issues raised by the Hazelwood decision, which ruled that administrators serve as publishers of the student press. Recent decisions have shown that the courts will apply Hazelwood to post-secondary schools. These decisions reflect an ideology which supports the inculcation of society's values on college students. (RJM)

MEDICAL AND LEGAL ISSUES OF THE DECISIONS RENDERED BY THE EUROPEAN COURT OF HUMAN RIGHTS.

Science.gov (United States)

Chakhvadze, B; Chakhvadze, G

2017-01-01

The European Convention on Human rights is a document that protects human rights and fundamental freedoms of individuals, and the European Court of Human Rights and its case-law makes a convention a powerful instrument to meet the new challenges of modernity and protect the principles of rule of law and democracy. This is important, particularly for young democracies, including Georgia. The more that Georgia is a party to this convention. Article 3 of the convention deals with torture, inhuman and degrading treatment, while article 8 deals with private life, home and correspondence. At the same time, the international practice of the European court of human rights shows that these articles are often used with regard to medical rights. The paper highlights the most recent and interesting cases from the case-law of the ECHR, in which the courts conclusions are based solely on the European Convention on Human Rights. In most instances, the European Court of Human Rights uses the principle of democracy with regard to medical rights. The European court of human rights considers medical rights as moral underpinning rights. Particularly in every occasion, the European Court of Human Rights acknowledges an ethical dimension of these rights. In most instances, it does not matter whether a plaintiff is a free person or prisoner, the European court of human rights make decisions based on fundamental human rights and freedoms of individuals.

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

Directory of Open Access Journals (Sweden)

David J McQuoid-Mason

2017-05-01

Full Text Available 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. Therefore, if Parliament does not intervene beforehand, such applications can be made – provided the applicants have legal standing, full arguments are presented regarding local and foreign law, and the application evidence is comprehensive and accurate. The Appeal Court indicated that the question should be answered by Parliament because ‘issues engaging profound moral questions beyond the remit of judges to determine, should be decided by the representatives of the people of the country as a whole’. However, the Government has not implemented any recommendations on doctor-assisted suicide and voluntary active euthanasia made by the South African Law Commission 20 years ago. The courts may still develop the law on doctor-assisted death, which may take into account developments in medical practice. Furthermore, ‘the possibility of a special defence for medical practitioners or carers would arise and have to be explored’.

The admissibility of offender profiling in courtroom: a review of legal issues and court opinions.

Science.gov (United States)

Bosco, Dario; Zappalà, Angelo; Santtila, Pekka

2010-01-01

What is the future of Offender Profiling? Is it an important field of forensic science or is it only a glamorous art? After the trilogy "Daubert-Joiner-Kumho" and after the last version, in 2009, of the Federal Rules of Evidence (F.R.E.), the opinion of American Courts concerning the admissibility of scientific evidence has changed, and the questions above can now have new answers. The change is closely tied to the perceived difference between hard and soft sciences and, in this way, the new gatekeeping role of the Courts also concerns whether offender profiling can be regarded as scientific evidence and if offender profiling should be admitted in the Courtroom as scientific evidence. In this work we present a comprehensive review concerning the most important Court opinions in U.S.A, U.K., Canada and Australia, about reliability and admissibility of offender profiling, in its different forensic application, as scientific evidence, and we suggest how and when an expert witness in the field of offender profiling can, in the light of these opinions, be admitted in Court.

Psychotic Symptomatology in a Juvenile Court Clinic Population

Science.gov (United States)

Lewis, Dorothy Otnow; And Others

1973-01-01

This report indicating an unexpectedly high incidence of psychotic symptomatology in a population of cases referred to the Juvenile Court Psychiatric Clinic of the Second District of Connecticut, manifests the necessity for juvenile court systems to be made aware of the possibility of psychosis in our delinquent populations. (CS)

City Magistrate of Tsaritsyn as the Estates Court for Urban Population 1784-1866

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Elena V. Bulyulina

2017-10-01

Full Text Available At the end of the 18th century in Russia caste system of the judiciary was legalized. For urban and suburban trade and craft population of the Russian Empire estates courts were magistrates. Despite the fact that the activities of magistrates are studied by native historians and legal scholars, regional aspects of the topic are not adequately reflected. This article examines the activities of the Tsaritsyn city magistrate court as an estates court for a merchant and petty-bourgeois population of the city of Tsaritsyn in 1784-1866. In 1775 Ekaterina II carried out a major reform of local government and the court, significantly expanding the functions of local government institutions, and, in fact, restoring estates of municipal government. From that moment in cities the magistrates managed the city, including city magistrates who represented the court of first instance in criminal and civil cases for the urban population – merchants, craftsmen, townspeople. Appeal to the city magistrate was of the Saratov provincial magistrate. Different aspects of his functional features and relations with another official instances are presented. The limits of the jurisdiction of the Tsaritsyn city magistrate was limited to the territory of Tsaritsyn. The objects of the jurisdiction could be only the regular citizens, i.e. assigned to the city, and not the entire population. Implementation of the rule of law, particularly the application of penalties in the material presented in the aspect of not only the all-Russian legal requirements, but also regarding regional social and legal assessments. Tsaritsyn city magistrate heard cases of theft, vandalism, rape, false receipts, and bills of exchange, unauthorized occupation of urban land, abandoned children, the accountability for deviations from the canons of Orthodoxy, committing a schismatic rites, violation of rules of transportation and logging, concealment of recruits, about the insult of the authorities

SPECIALIZED COURTS OF THE EUROPEAN UNION

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Ioana Nely Militaru

2013-11-01

Full Text Available Treaty of Lisbon entered into force on 1 December 2009, improved functioning judicial system European Union ( EU. Court of Justice of the EU has been reformed, said Treaty changing the EU courts so very name : Court of Justice of the EU, the Court referred to above, the Court of First Instance, and specialized courts, known previously, judicial panels. The paper shows the first part of his creation, composition and competence of the specialized courts, and as a manifestation of them in the second part examines the Civil Service Tribunal, the same point of view. EU specialized courts may be set up in specific areas, specializing in some technical disputes. These specialized courts have jurisdiction to hear and decide the cases in the first instance with the possibility that their decision subject to appeal to the General Court . In this context, to resolve disputes between the Union and its officials was established Tribunal.

Juvenile Court Statistics - 1972.

Science.gov (United States)

Office of Youth Development (DHEW), Washington, DC.

This report is a statistical study of juvenile court cases in 1972. The data demonstrates how the court is frequently utilized in dealing with juvenile delinquency by the police as well as by other community agencies and parents. Excluded from this report are the ordinary traffic cases handled by juvenile court. The data indicate that: (1) in…

Juvenile Court Statistics, 1974.

Science.gov (United States)

Corbett, Jacqueline; Vereb, Thomas S.

This report presents information on juvenile court processing of youth in the U.S. during 1974. It is based on data gathered under the National Juvenile Court Statistical Reporting System. Findings can be summarized as follows: (1) 1,252,700 juvenile delinquency cases, excluding traffic offenses, were handled by courts in the U.S. in 1974; (2) the…

HIV/STI Risk Behavior of Drug Court Participants

Science.gov (United States)

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

2012-01-01

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

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

DEFF Research Database (Denmark)

Rytter, Jens Elo

2003-01-01

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

Optimal Rules of Negligent Misrepresentation in Insurance Law

DEFF Research Database (Denmark)

Lando, Henrik

This article analyzes rules for negligent misrepresentation in insurance contract law. Before contract signature, the applicant can be asked by the insurer to fill in a questionnaire concerning the risk, and may then omit or make untrue statements about facts. Such misrepresentation is considered...... negligent by the court when it is unclear the misrepresentation was due to a mistake or intentional. Rules of negligent misrepresentation differ significantly across jurisdictions. For example, the rule of common law allows the insurer to rescind the contract, whereas the German rule does not allow...... of these rules through an analysis of the degree to which the insured should be allowed to lower coverage in case of negligent misrepresentation. On the one hand, a strict rule renders it easier for an insurer to separate different types of risk without having to use other costly means of separation...

Between the court and the clinic: lawsuits for medicines and the right to health in Brazil.

Science.gov (United States)

Biehl, João; Amon, Joseph J; Socal, Mariana P; Petryna, Adriana

2012-06-15

The Brazilian Constitution states: "Health is the right of all persons and the duty of the State." Yet individuals in Brazil frequently face barriers to health prevention and treatment. One response to these barriers has been a "judicialization" of the right to health, with an increasing number of patients suing the government for access to medicines. This study uses a mixed methods approach to identify trends in lawsuits for medicines in the southern state of Rio Grande do Sul (RS) and to characterize patient-plaintiffs. Electronic registries were used to determine the number of health lawsuits filed between 2002 and 2009. In-depth interviews were conducted with thirty patient-plaintiffs, and 1,080 lawsuits for medicines under review between September 1, 2008 and July 31, 2009 were analyzed to assess socio demographic, medical, and legal characteristics of patient-plaintiffs. Between 2002 and 2009, the annual number of health-related lawsuits against the state of RS increased from 1,126 to 17,025. In 2009, 72% of lawsuits sought access to medicines. In-depth interviews revealed that patients are desperate to access medicines for chronic and advanced diseases, and often turn to the courts as a last resort. Among the 1,080 lawsuits examined, patient-plaintiffs were more likely to be older than 45 years (68%), retired or unemployed (71%), and low-income (among those who reported income, 53% (n=350) earned less than the national minimum wage). Fifty-nine percent of all cases were represented by public defenders. Plaintiffs reported 1,615 diseases and requested 2.8 drugs on average (range 1-16). Sixty-five percent of the requested drugs were on government pharmaceutical distribution lists; 78% of the 254 drugs on these lists were requested. In 95% of the cases analyzed, district courts ruled in favor of plaintiffs. Among the 917 cases with a final state high court ruling, 89% were in favor of the plaintiff. In justifying their rulings, judges most frequently cited the

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

International Nuclear Information System (INIS)

Zining, Jin

2015-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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

2015-11-15

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

Issues of biomedically assisted fertilization before the European Court of Human Rights

Directory of Open Access Journals (Sweden)

Bordaš Bernadet

2011-01-01

Full Text Available The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life.

Explaining the judicial independence of international courts: a comparative analysis

DEFF Research Database (Denmark)

Beach, Derek

What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary...... condition. The paper first develops three sets of competing explanatory variables that potentially can explain variations in the judicial independence of ICs. The causal effects of these explanatory variables upon variance in judicial independence are investigated in a comparative analysis of the ACJ, ECJ...

Consequences of the Federal Administrative Court decisions about the Biblis on-site interim store and the 'Biblis condition' as seen by the Nuclear Regulatory Authority of the State of Baden-Wuerttemberg

International Nuclear Information System (INIS)

Rauscher, Dieter

2009-01-01

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

Concern regarding the "debt" created by rule 14.10.9 of the ...

African Journals Online (AJOL)

This paper highlights the prejudicial effect of the rule within the rules of the Government Employees Pension Fund (GEPF), which allows this fund to create a "divorce debt" for its member when the court has ordered that part of such a member's pension interest be paid over to his or her spouse. I argue that this debt is in fact ...

Attorney Argumentation and Supreme Court Opinions.

Science.gov (United States)

Benoit, William L.

1989-01-01

Investigates the relationship between argumentation advanced by attorneys in four Supreme Court cases and the reasoning proffered by the Court in its decisions in those cases. Finds attorney argumentation sometimes irrelevant to the Court's reasoning and sometimes adopted by the Court. Offers a perspective on argumentation and decision making to…

The US Supreme Court in Mayo v. Prometheus - Taking the fire from or to biotechnology and personalized medicine?

DEFF Research Database (Denmark)

Minssen, Timo; Nilsson, David

2012-01-01

On 20 March 2012, the US Supreme Court handed down its much awaited patent eligibility- ruling in the dispute between Prometheus Laboratories Inc (“Prometheus”), acting as plaintiffs, and Mayo Medical Laboratories (“Mayo”), as alleged infringers of Prometheus’ licensed patents. This case review w...

Concretization of rules of law in the field of environmental law

International Nuclear Information System (INIS)

Kunert, F.J.

1989-01-01

The article deals with the relation between administrative standardization and decisions on a particular case. The author discusses the question whether the legislator may assign the task of concretizing rules of law exclusively to the top executive powers who are entitled to issue administrative regulations, or whether this task may in certain cases be achieved by way of decisions on a particular case. The question is discussed against the background of the principles of exercise of discretion, and the character and functions of administrative regulations. The article is arranged in two parts, entitled as follows: Impulses given by the environmental law, and should standardization prevail over individual decisions in administrative law matters? The author explains the development of the practice of the courts referring to the Voerde judgment of the Federal Administrative Court, the Wyhl judgment of the Federal Constitutional Court, (1982), another judgment in the Wyhl case given by the Fed. Administrative Court in 1985, and the decision of the Lueneburg Higher Administrative Court in the case of the Buschhaus power plant. (RST) [de

25 CFR 11.912 - Contempt of court.

Science.gov (United States)

2010-04-01

... OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.912 Contempt of court. Any willful disobedience or interference with any order of the children's court constitutes contempt of court which may be punished in accordance...

The Unified Patent Court (UPC), Compulsory Licensing and Competition Law

DEFF Research Database (Denmark)

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

2014-01-01

Competition law and rules on compulsory licensing are considered as indispensable instruments to balance patent rights. In this article, we examine the room for using such balancing instruments in the context of the UPC. We analyse whether the balancing instruments will remain applicable...... that the UPC is likely to be less inclined to use them. To redress that problem we suggest that the UPC acknowledges the institutional biases of the court and looks for ways to include other values and interests than the proprietary values and interests of patent law....

25 CFR 11.908 - Court records.

Science.gov (United States)

2010-04-01

... INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.908 Court records. (a) A record of all hearings under §§ 11.900-11.1114 of this part shall be made and preserved. (b) All children's court records shall be confidential and shall not be...

Status of Court Management in Switzerland

Directory of Open Access Journals (Sweden)

Andreas Lienhard

2012-12-01

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

Supreme Court Update

Science.gov (United States)

Taylor, Kelley R.

2009-01-01

"Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

77 FR 4492 - Endangered and Threatened Wildlife and Plants; Reissuance of Interim Special Rule for the Polar Bear

Science.gov (United States)

2012-01-30

... Special Rule for the Polar Bear AGENCY: Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY... order in regard to Misc. No. 08- 764 (EGS) MDL Docket No. 1993 IN RE: POLAR BEAR ENDANGERED SPECIES ACT... December 16, 2008, final special rule for the polar bear (73 FR 76249). The Court further ordered that in...

28 ATTITUDE OF NIGERIAN COURTS TO THE ENFORCEMENT OF ...

African Journals Online (AJOL)

Fr. Ikenga

Both the 1958 Ordinance and the 1990 Act stipulate the time period within which a foreign judgment may be registered in Nigeria. Section 3(1) of the 1958 Ordinance provides that where a judgment has been obtained in the High Court in England or Ireland, or in the Court of Session in Scotland, the judgment creditor may ...

77 FR 21065 - Certain High Production Volume Chemicals; Test Rule and Significant New Use Rule; Fourth Group of...

Science.gov (United States)

2012-04-09

... 2070-AJ66 Certain High Production Volume Chemicals; Test Rule and Significant New Use Rule; Fourth... an opportunity to comment on a proposed test rule for 23 high production volume (HPV) chemical... necessary, to prohibit or limit that activity before it occurs. The opportunity to present oral comment was...

Should the District Courts Have Jurisdiction Over Pre-Award Contract Claims? A Claim for the Claims Court

National Research Council Canada - National Science Library

Short, John J

1987-01-01

This thesis briefly examines the jurisdiction of the federal district courts and the United States Court of Claims over pre-award contract claims before the Federal Courts Improvement Act of October 1...

The right to appeal under the constitution of Albania and court jurisdiction

Directory of Open Access Journals (Sweden)

Donika Plakolli

2017-03-01

Full Text Available The right to appeal is both a fundamental human right and a procedural tool, whereby parties exercise examination of the lawfulness of court rulings, etc. The constitution of the Republic of Albania, 1 approved in 1998, expressly provides for and guarantees the right to file an appeal. Unlike other rights, this fundamental right was not restricted, being in accordance with Article 17 of the Constitution, except for cases otherwise provided in the Constitution. In accordance with this constitutional right and guarantee, all codes of administrative procedures, civil and criminal procedure, provided for and widely guaranteed the exercise of the right to file an appeal. This absence of restriction of the right to fi le an appeal brought about an overload of court cases and trial delays, thus making the completion of the adjudication within a reasonable deadline uncertain. As a result, there rose the necessity to limit this right in the Constitution of the Republic of Albania. The amendments to the Constitution by Law no. 76/2016 also limited the right to fi le an appeal under Article 17 of the Constitution. However, these amendments were not complete, as they did not entail the exercise of the right to file an appeal against decisions of administrative authorities. The jurisdiction of the Constitutional Court of Albania is a guarantee of the right to appeal/effective access in the civil and administrative process, although slightly controversial in the criminal process. However, positive developments regarding the guarantee of effective access to the court have recently occurred. Even in the broad jurisdiction of the European Court of Human Rights, when cases from Albania have been adjudicated, violations of the right to effective appeal have been observed in the criminal process.

THE RIGHT OF ACCESS TO A COURT AS AN ASPECT OF THE RIGHT TO A FAIR TRIAL

Directory of Open Access Journals (Sweden)

Dragan Elijaš

2016-01-01

Full Text Available The topic of this paper is the right of access to a court, as an aspect of the right to a fair trial guaranteed by Article 29 of the Constitution and Article 6 of the Convention. The paper highlights the fundamental significance of the protection offered by the Convention, which concerns the drawing up and implementation of standards for the protection of human rights within the territory of Europe, and, through the positions of the European Court of Human Rights, which the Constitutional Court of the Republic of Croatia has accepted and elaborated in its adjudication. The paper also emphasises the importance of the Constitutional Court’s activism concerning the protection of human rights. It stresses the view that the purpose of Article 29 of the Constitution and of Article 6 of the Convention is to secure fair proceedings, and not to examine the correct outcome of proceedings. The authors prove this thesis in this paper. The basic theme of the paper, the right of access to a court, is recognised by the authors as the key aspect of the constitutional right to a fair trial. The first part of the paper deals in general with the right to a fair trial and its various aspects, it provides an overview of the case law of the European Court of Human Rights and of its effect on the case law of the Constitutional Court in its specific aspects, and provides the standpoints of other States. This is followed by a detailed analysis of the positions of the Constitutional Court with regard to the right of access to a court and, in particular, the evolution of these positions over time in this area of protection. The positions of the Constitutional Court are presented both through an abstract and an individual review of constitutionality. The interpretation of constitutional rights, which the Constitutional Court provides through its decisions and rulings, is considered by the authors to be the most significant contribution to the development of

Employers liability to the international criminal court

Directory of Open Access Journals (Sweden)

Yenifer Yiseth Suárez Díaz

2014-01-01

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

High technology and the courts: nuclear power and the need for institutional reform

International Nuclear Information System (INIS)

Yellin, J.

1981-01-01

In this article Professor Yellin analyzes the performance of the courts when confronted with the important and complex issues attending the commercial development of nuclear power. He draws three general conclusions from the analysis: (1) the failure of nuclear regulation indicates that substantive review of agency decision making is necessary; (2) the limitations of the courts' ability to understand the scientific and technological arguments inherent in the nuclear power cases suggest the need for hybrid legal and scientific oversight of technological decisions; and (3) procedural requirements of the adversary system tend to impede full presentation of the issues in nuclear power cases, again pointing to the need for new systems of review. Professor Yellin proposes creation of a permanent review board composed of masters trained in both science and law to which technological and scientific issues falling outside the special competence of the judiciary would be referred by the federal appellate courts

The International Criminal Court

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

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

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

Science.gov (United States)

1995-06-30

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

Klansman on the Court: Justice Hugo Black's 1937 Radio Address to the Nation

Science.gov (United States)

Carcasson, Martin; Aune, James Arnt

2003-01-01

Supreme Court Justice Hugo L. Black, known for being a liberal First Amendment absolutist and a courageous defender of individual freedom, is considered one of the best justices ever to serve on the nation's high court. This essay examines the events surrounding Justice Black's controversial nomination to the Supreme Court, focusing on his…

Jurisdiction of courts with a focus on the Special Chamber of the Supreme Court of Kosovo

Directory of Open Access Journals (Sweden)

Mr.Sc. Sabri Halili

2013-06-01

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.

Genetics in the courts

Energy Technology Data Exchange (ETDEWEB)

Coyle, Heather; Drell, Dan

2000-12-01

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

Matrimonial Causes Rules, 1986, 30 January 1987.

Science.gov (United States)

1987-01-01

These Rules are made under Section 4 of the Matrimonial Causes Law, 1976 and contain provisions on applications for leave to present a petition for divorce, documents to accompany the petition, information to be contained in the petition, service of the petition, pleadings subsequent to the petition, directions for trial, security for costs, decrees, and enforcement of orders, among other things. The Rules also stipulate that when "it appears that there is a child of the marriage under the age of sixteen, the record shall show specifically that the question of provision for such child has been considered and dealt with by the Court." full text

Matching Judicial Supervision to Clients' Risk Status in Drug Court

Science.gov (United States)

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

2006-01-01

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

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

Directory of Open Access Journals (Sweden)

Yasser S. Wahab

2015-10-01

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

Explaining African Participation in International Courts

DEFF Research Database (Denmark)

Gissel, Line Engbo; Brett, Peter

2018-01-01

constructivist and liberal institutionalist International Relations theories. International court creation did not reflect the pursuit of national interests or a response to normative NGO pressures. Making this argument, the article analyses the design and ratification of two new international courts: the SADC...... Tribunal and International Criminal Court. Using the case studies of Zimbabwe and Kenya, it shows how global scripts were repeated by even those states which have, in recent years, most vocally asserted their national interests against these courts....

PROCEDURAL NORMS AND SUBSTANTIVE NORMS: THE PRIMACY OF JUS COGENS NORMS AND UNDERSTANDING OF THE INTERNATIONAL COURT OF JUSTICE

Directory of Open Access Journals (Sweden)

Elisa Resende Bueno Da Fonseca

2015-12-01

Full Text Available The purpose of this paper is to analyze the relationship between the procedural rule of State immunity and substantive rule of jus cogens prohibiting torture and slave labor in the case Germany v. Italy judged by the International Court of Justice in 2012. Notwithstanding the recognized superiority of peremptory norms, in the case, its analysis was impeded by application of the procedural rule of immunity. The suppression of the rule that expresses the higher values of the international community resulted in manifest injustice and impunity. Through detailed analysis of the characteristics and effects substantive rules of jus cogens, as well as its distinction of rules of procedural character, and considering the theoretical framework humanization of international law, this work states that the contemporary international law does not allow a procedural rule prevents the application of a substantive rule of jus cogens, exactly by the supreme value this last protects: the human being.

The Prevalence of HIV Risk Behaviors among Felony Drug Court Participants.

Science.gov (United States)

Festinger, David S; Dugosh, Karen L; Metzger, David S; Marlowe, Douglas B

2012-01-01

A small percentage of participants in a large metropolitan felony Drug Court engaged in high-risk injection drug use, but a large percentage engaged in high-risk sexual behaviors. HIV risk behaviors were associated with being male, African-American, and younger. A large proportion of Drug Court participants resided in areas of the city with a high prevalence of persons living with HIV/AIDS, thus heightening the probability of exposure to the virus.

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

DEFF Research Database (Denmark)

Marchuk, Iryna

2015-01-01

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

Trial Courts in the Judicial Process.

Science.gov (United States)

McKnight, R. Neal

1981-01-01

Describes a college course which examines the organizational and behavioral characteristics of trial courts in the American judicial process. A major course objective is to help students understand the trial court process as a political process by showing how trial court organizations are involved in the allocation of social values. (RM)

The Court in the Homeric Epos

Science.gov (United States)

Loginov, Alexandr

2016-01-01

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

77 FR 48965 - Certain Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Notice of Court...

Science.gov (United States)

2012-08-15

...-Weld Pipe Fittings From the People's Republic of China: Notice of Court Decision Not in Harmony With... China (``PRC'') used in structural applications. In King Supply III, the CAFC, reversing the CIT, held... did not give rise to an end use restriction, (2) the Department's original scope ruling was supported...

Effects of Admission and Treatment Strategies of DWI Courts on Offender Outcomes

Science.gov (United States)

Sloan, Frank A.; Chepke, Lindsey M.; Davis, Dontrell V.; Acquah, Kofi; Zold-Kilbourne, Phyllis

2013-01-01

Purpose The purpose of this study is to classify DWI courts on the basis of the mix of difficult cases participating in the court (casemix severity) and the amount of involvement between the court and participant (service intensity). Using our classification typology, we assess how casemix severity and service intensity are associated with program outcomes. We expected that holding other factors constant, greater service intensity would improve program outcomes while a relatively severe casemix would result in worse program outcomes. Methods The study used data from 8 DWI courts, 7 from Michigan and 1 from North Carolina. Using a 2-way classification system based on court casemix severity and program intensity, we selected participants in 1 of the courts, and alternatively 2 courts as reference groups. Reference group courts had relatively severe casemixes and high service intensity. We used propensity score matching to match participants in the other courts to participants in the reference group court programs. Program outcome measures were the probabilities of participants’: failing to complete the court’s program; increasing educational attainment; participants improving employment from time of program enrollment; and re-arrest. Results For most outcomes, our main finding was that higher service intensity is associated with better outcomes for court participants, as anticipated, but a court’s casemix severity was unrelated to study outcomes. Conclusions Our results imply that devoting more resources to increasing duration of treatment is productive in terms of better outcomes, irrespective of the mix of participants in the court’s program PMID:23416679

How do the Constitutional Courts decide?

Directory of Open Access Journals (Sweden)

Pasquale Pasquino

2016-12-01

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

ECHR and national constitutional courts

Directory of Open Access Journals (Sweden)

Nastić Maja

2015-01-01

Full Text Available Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the crucial role in this process. This paper will focus on the applicability of the ECHR in proceedings before national constitutional courts. Having in mind the jurisdiction of the national constitutional court, the ECHR may be applied in two ways: first, in the process of constitutional review by national constitutional courts and, second, in the process of deciding on constitutional complaints.

15 years of constitutional review in the Supreme Court of Estonia : systematized extracts of constitutional review judgments and rulings of the Supreme Court en banc and the Constitutional Review Chamber in 1993-2008 / Riigikohus ; toim. ja eess.: Ge

Index Scriptorium Estoniae

2009-01-01

Sisaldab ka: The outset of judicial constitutional review / Rait Maruste. Judicial constitutional review at the turn of the century / Uno Lõhmus. Judicial constitutional review through the eyes of Chancellor of Justice / Eerik-Juhan Truuväli. The courts and the Supreme Court in concrete norm control / Madis Ernits

Scope of Negotiability: Index of Recent Case Law and Administrative Rulings.

Science.gov (United States)

Jones, Thomas Neil

This listing presents court decisions and administrative rulings from the 1970s concerning the topics that are negotiable in bargaining between teachers, as public employees, and school boards, as public employers. The topics are grouped into 14 major areas: budget considerations; contracts; direct compensation; discipline; evaluation; hiring,…

Unconstitutionality of Section 11 subsec. 2 BTOElt. Ruling by the Hanover Administrative Court of December 16, 1992. Az. : 7 A 2746/92 (not yet official). Verfassungswidrigkeit des Para. 11 Abs. 2 BTOElt. Verwaltungsgericht Hannover, Urteil vom 16. Dezember 1992. Az. : 7 A 2746/92 (nicht rechtskraeftig)

Energy Technology Data Exchange (ETDEWEB)

Anon,

1993-06-01

With this ruling, which is presented here in an abridged version, the Hanover Administrative Court set aside an administrative decision, based on Section 11, subsec. 2 BTO Elt, of the Minister of Economic Affairs of Niedersachsen against PreussenElektra AG. The Minister had ordered PreussenElektra, among others, to apply for permits for the rates charged to their subcontractors. (orig.)

the rule of law – a pillar for an enduring constitutional democracy

African Journals Online (AJOL)

Fr. Ikenga

retrospective in effect, ie, conduct that was not a crime at a point in time should not be .... Judges should be guided by the rule of law, protect and enforces it without fear or ... despite the Court of Appeal nullifying the election in Ogun State.

The constitutional court review of judicial decisions

Directory of Open Access Journals (Sweden)

Stojanović Dragan M.

2016-01-01

Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights

[In the absence of a bioethics debate. Comments on the Decision of the Constitutional Division of the Supreme Court of Justice of Costa Rica on the prohibition against in vitro fertilization].

Science.gov (United States)

Valerio, C

2001-01-01

The ruling by Costa Rica's Constitutional Court on the prohibition of in vitro fertilisation is a consequence of the negligible development of Bioethics, the lack of public debate on the issue and the absence of adequate regulation. Prohibition of such a vital medical technique represents an abuse of power by the courts, and thus curtails other fundamental rights, research, progress and bioethics' debate.

Compensation in Indian courts: Appropriate for environmental catastrophies

International Nuclear Information System (INIS)

Bongaerts, J.C.; Heinrichs, D.

1985-01-01

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

High Court Case Could Rein in Private Placements under IDEA

Science.gov (United States)

Walsh, Mark

2007-01-01

This article reports on starkly contrasting portraits of special education that the justices are sure to hear on the first day of the new U.S. Supreme Court term. In a case from New York City, the 1.1 million-student district argues that school officials made every attempt to provide an appropriate education plan under the federal Individuals with…

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

DEFF Research Database (Denmark)

de la Porte, Caroline; Emmenegger, Patrick

2017-01-01

permanent workers and aims to prevent abuse of this contract form. Surprisingly, the Court of Justice of the European Union (CJEU) rulings in this area have by and large been neglected in comparative labour market research. We fill this gap by systematically analysing the CJEU case law concerning fixed......While fixed-term work benefits employers and increases the prospects of employability of various categories of workers, it is inherently precarious. The European Union (EU) directive on fixed-term work emphasizes the importance of equal treatment of workers on fixed-term contracts with comparable...... show that the equal treatment is affirmed in all cases under analysis for different provisions of labour contracts. With regard to abuse of recourse to fixed-term contracts, by contrast, the rulings still represent a zone of legal uncertainty, whereby some judgments allow for fixed-term contracts...

First experience of programming a court decision

Directory of Open Access Journals (Sweden)

Sergey B. Polyakov

2017-06-01

judicial activity to eliminate errors and clearly unjust ruling in the court proceedings as well as to reduce the production time of the judgement.

Is the United States Supreme Court an Undemocratic Institution? An Outsider’s Perspective

Directory of Open Access Journals (Sweden)

Łukasz Machaj

2011-12-01

Full Text Available The United States Supreme Court has often been accused of engaging in judicial activism, of subverting legislatures’ will and of undermining the basic principles of the democratic system. This article maintains that such charges are generally unfounded. The author claims that the Supreme Court’s detractors ignore five fundamental issues. First, they misunderstand the very nature and basic rules of a constitutional democracy. Second, they tend to ignore the role played by constitutions in general and the American Constitution in particular in social reality, effectively forgetting the reasons for the latter’s hallowed place in the United States national psyche. Third, they ignore the presence of political factors (and even partisan calculations in the process of appointments to the U.S. Supreme Court. Fourth, they misconceive the realities of the process of legal reasoning and of constitutional interpretation. Fifth, they underestimate or even fail to recognize the influence of public opinion on the basic trends of judicial decision-making.

International Justice through Domestic Courts:

DEFF Research Database (Denmark)

Tang, Yi Shin

2015-01-01

In April 2010, the Brazilian Supreme Federal Court (Supremo Tribunal Federal, or STF) controversially decided to uphold the country’s amnesty law, which currently prevents prosecutions for violations of human rights committed during the military dictatorship. However, the Inter-American Court...

Danish Supreme Court Infringes the EU Treaties by its Ruling in the Ajos Case

DEFF Research Database (Denmark)

Nielsen, Ruth; Tvarnø, Christina D.

2017-01-01

is as follows: in section 2, we give a short description of the relevant facts and law in the Ajos-case. In section 3, we analyse the roles of the CJEU and the national courts in light of the theories of monism and dualism. Section 4 deals with interpretation. Section 5 looks into supremacy and direct...... horizontal effect of general principles of EU law, including the Mangold and Kücükdeveci case law and the horizontal effect of the Charter of Fundamental Rights. Section 6 discusses state liability for non-compliance with EU law. Section 7 discusses whether infringement proceedings can and should be taken...

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

International Nuclear Information System (INIS)

Cletienne, M.

2010-01-01

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

Concern regarding the "Debt" created by Rule 14.10.9 of the Government Employees' Pension Fund Rules

Directory of Open Access Journals (Sweden)

Motseotsile Clement Marumoagae

2016-04-01

Full Text Available This paper highlights the prejudicial effect of the rule within the rules of the Government Employees Pension Fund (GEPF, which allows this fund to create a "divorce debt" for its member when the court has ordered that part of such a member's pension interest be paid over to his or her spouse. I argue that this debt is in fact a loan which is provided to the member, which he or she would be expected to pay when he or she exits the fund, with interest. This is despite the fact that the rules of the GEPF do not permit the granting of loans to its members. I argue that the creation of such a loan has the effect of diminishing the GEPF's member’s benefits, and thus threaten his or her social security, and can lead to the member becoming unable to provide for himself or herself when he or she reaches retirement age.

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

International Nuclear Information System (INIS)

Mutius, A. von.

1984-01-01

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

25 CFR 11.901 - The children's court established.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false The children's court established. 11.901 Section 11.901 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting...

Victorian Influence on the Russian Imperial Court Through the Family Ties between the English and Russian Royal Houses at the End of the 19th Century

OpenAIRE

DUFKOVÁ, Alena

2014-01-01

This bachelor thesis aims to point out and describe the consequences of influence of both Victorianism and the person of Queen Victoria on the lifestyle at the Russian Imperial Court at the end of 19th and beginning of 20th century. It describes historical events which shaped Russia and focuses on family relations binding the Romanovs and the English ruling house. The thesis defines the meaning of Victorianism and determines the difference between mentality of Russian and English high Society...

Administrative court control in taxation matters

OpenAIRE

Nataša Zunić Kovačević

2016-01-01

Starting with the current organisation of administrative court control in taxation matters, this paper, after a brief overview of the normative legal framework of control in such matters, provides an analysis of certain indicators of administrative and administrative court control implementation in taxation matters. The experience of the application of administrative control in taxation matters and an analysis of accessible indicators of recent administrative court control in taxation matters...

The Application of Overriding Mandatory Rules by Ukrainian Courts in Cases Arising on Cross-Border Unfair Competition

Directory of Open Access Journals (Sweden)

Богдан Юрійович Ребриш

2017-03-01

Full Text Available In private international law, there are a number of restrictions in the application of foreign law. Under national laws, some of these limitations appear as mandatory rules based on public policy. These kind of rules shall apply despite the foreign law that could be apply through the conflict of laws rule, or choice of law made by the parties. In other words, in matters of private international law internal mandatory rules replace the rules of the law of a foreign state. However, the problem is that the Law of Ukraine «On Private International Law» does not set criteria for inclusion of certain provisions of the substantive law to the appropriate category. Therefore, in practice to attribute some provisions of substantive law to the mandatory rules is a problematic issue. Especially it concerns the rules of competition law, which in most cases characterize as public law rules. The article is devoted to the coverage of problematic issues of application mandatory rules of Ukrainian competition legislation in cases with a foreign element. Analyzed the approaches of different scholars on the concept of mandatory rules. Paid attention on the differences of application mandatory and imperative rules of competition law of Ukraine.

The business judgement rule – approach and application

Directory of Open Access Journals (Sweden)

Adina Ponta

2015-12-01

Full Text Available The business judgment rule represents a central doctrine of corporate governance, due to its major implications on corporate directors' liability and to its infl uence on the relationship between shareholders and the board of directors. The interpretation of the Rule as a behavioral standard or as an „abstention doctrine” can determinatively influence the liability proceedings against directors who acted in consideration of their fiduciary duties. This paper aims at analyzing the national legal provisions of the Business Judgement Rule and the compatibility of the legal provisions with the established interpretations of the Rule that can be found in the foreign literature. Absent a case law that clarifies de approaches of the Business Judgement Rule by the national courts, the research analyzes the traditional Common Law approaches of the Rule and the obstacles which hinder a faithful transfer of the Rule in Romania. The objective of these identifications is to draw de lege ferenda proposals for an efficient application of the legal provisions in the future. Considering that this Rule is the natural consequence of trust and of the powers granted to corporate directors, the conclusions of the research suggest solutions for the stabilization of the continuous tension of the supreme values of the corporate world: authority and liability.

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

Directory of Open Access Journals (Sweden)

Gemma Sala

2014-12-01

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

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

Science.gov (United States)

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

2014-11-01

While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

Information System of Resolution of Procedural Incidents and Management of the Modifications Made to the Electronic Court Registration

Directory of Open Access Journals (Sweden)

Ştefan Gheorghe PENTIUC

2011-01-01

Full Text Available This information system was made for its use by the staff responsible for random distribution of cases to the courts. The Information System of Resolution of Procedural Incidents and Management of the Modifications Made to the Electronic Court Registration consists of three new developed modules: the management module is a Web application which chronicles the modifications made in the electronic court registration, regarding the random assignment of cases,the resolution of procedural incidents, which is a Web service whose logic implements a logic Semantic Web application and the module of confirming judges which is a windows service running on the judges’ workstations. The Web service implements a Semantic Web application which processes the knowledgebase achieved through OWL ontology (Ontology Web Language by applying inferences leading to the correct solution. If this does not solve the problem, a set of associated Jena rules are used to infer and generate new knowledge. It also uses the SPARQL(SPARQL Protocol and RDF Query Language language that allows queries on the knowledge,similar to the classic query languages of databases. The novelty of the new conceived, designed and implemented system consists in accessing the domain knowledge as a web service to solve the procedural incidents occurred in electronic court registration.

English as a Court Language in Continental Courts

NARCIS (Netherlands)

C. Kern (Cristoph)

2013-01-01

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

Metal/nonmetal diesel particulate matter rule

Energy Technology Data Exchange (ETDEWEB)

Tomko, D.M. [United States Dept. of Labor, Mine Safety and Health Administration, Pittsburgh, PA (United States). Safety and Health Technology Center; Stackpole, R.P. [United States Dept. of Labor, Mine Safety and Health Administration, Triadelphia, WV (United States). Approval and Certification Center; Findlay, C.D. [United States Dept. of Labor, Mine Safety and Health Administration, Arlington, VA (United States). Metal/Nonmetal Safety and Health; Pomroy, W.H. [United States Dept. of Labor, Mine Safety and Health Administration, Duluth, MN (United States). Metal/Nonmetal North Central District

2010-07-01

The American Mine Safety and Health Administration (MSHA) issued a health standard in January 2001 designed to reduce exposure to diesel particulate matter (DPM) in underground metal and nonmetal mines. The rule established an interim concentration limit for DPM of 400 {mu}g/m{sup 3} of total carbon, to be followed in 2004 by a final limit of 160 {mu}g/m{sup 3} of total carbon. The 2001 rule was challenged in federal court by various mining trade associations and mining companies. The rule was subsequently amended. This paper highlighted the major provisions of the 2006 final rule and summarized MSHAs current compliance sampling procedures. The concentration limit was changed to a permissible exposure limit and the sampling surrogate was changed from total carbon to elemental carbon. The MSHA published a new rule in 2006 which based the final limit on a miner's personal exposure rather than a concentration limit. The final limit was phased in using 3 steps over 2 years. This paper also discussed engineering controls and a recent MSHA report on organic carbon, elemental carbon and total carbon emissions from a diesel engine fueled with various blends of standard diesel and biodiesel. In May 2008, about two-thirds of all underground metal/nonmetal mines achieved and maintained compliance with the rule. 20 refs.

Highly scalable and robust rule learner: performance evaluation and comparison.

Science.gov (United States)

Kurgan, Lukasz A; Cios, Krzysztof J; Dick, Scott

2006-02-01

Business intelligence and bioinformatics applications increasingly require the mining of datasets consisting of millions of data points, or crafting real-time enterprise-level decision support systems for large corporations and drug companies. In all cases, there needs to be an underlying data mining system, and this mining system must be highly scalable. To this end, we describe a new rule learner called DataSqueezer. The learner belongs to the family of inductive supervised rule extraction algorithms. DataSqueezer is a simple, greedy, rule builder that generates a set of production rules from labeled input data. In spite of its relative simplicity, DataSqueezer is a very effective learner. The rules generated by the algorithm are compact, comprehensible, and have accuracy comparable to rules generated by other state-of-the-art rule extraction algorithms. The main advantages of DataSqueezer are very high efficiency, and missing data resistance. DataSqueezer exhibits log-linear asymptotic complexity with the number of training examples, and it is faster than other state-of-the-art rule learners. The learner is also robust to large quantities of missing data, as verified by extensive experimental comparison with the other learners. DataSqueezer is thus well suited to modern data mining and business intelligence tasks, which commonly involve huge datasets with a large fraction of missing data.

Acknowledging Children’s Voice and Participation in Family Courts: Criteria that Guide Western Australian Court Consultants

Directory of Open Access Journals (Sweden)

Vicki Banham

2017-09-01

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.

Comments on the Lambert case: the rulings of the French Conseil d'État and the European Court of Human Rights.

Science.gov (United States)

Veshi, Denard

2017-06-01

This study examines the decisions of the French Conseil d'Etat (Supreme Administrative Court) and the European Court of Human Rights in the Lambert case concerning the withdrawal of life-sustaining treatments. After presenting the facts of this case, the main legal question will be analyzed from an ethical and medical standpoint. The decisions of the Conseil d'État and then of the European Court of Human Rights are studied from a comparative legal perspective. This commentary focuses on the autonomous will of an unconscious patient and on the judicial interpretation of the right to life as recognized in article 2 of the European Convention on Human Rights. Furthermore, it medically classifies artificial nutrition and hydration (ANH) as a "treatment" which has ethical and legal implications. While the majority of the bioethical community considers ANH a medical treatment, a minority argues that ANH is basic care. This classification is ambiguous and has conflicting legal interpretations. In the conclusion, the author highlights how a French lawmaker in February 2016, finally clarified the status of ANH as a medical treatment which reconciled the different values at stake.

The "natural" aversion: the FDA's reluctance to define a leading food-industry marketing claim, and the pressing need for a workable rule.

Science.gov (United States)

Farris, April L

2010-01-01

As of 2009, the "natural foods" industry has become a 22.3 billion dollar giant and "all-natural" is the second-leading marketing claim for all new food products. Even in such a flourishing market, the Food and Drug Administration (FDA) has never defined the term "natural" through rulemaking. FDA and the U.S. Department of Agriculture (USDA) have instead created separate, non-identical policy statements governing the use of the term "natural," and FDA has abandoned efforts to define "natural" through rulemaking in the face of more pressing priorities. In absence of any governing federal standard, consumer advocacy groups and warring food industries have attempted to define "natural" to fit their preferences through high-stakes litigation of state law claims, leaving courts free to apply diverging standards without the expertise of FDA. Recent case law from federal district courts and the Supreme Court leaves little hope that FDA's current policy statement will preempt state law causes of action. To prevent a potential patchwork of definitions varying by state, and to create a legitimate standard resting on informed scientific expertise rather than consumer whims, FDA should engage in rulemaking to define the term "natural." This paper concludes by sketching potential formulations for such a rule based on FDA's previous successful rule-making ventures and standards used by natural foods retailers.

Perceived Masculinity Predicts U.S. Supreme Court Outcomes

Science.gov (United States)

2016-01-01

Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer’s speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States. PMID:27737008

Perceived Masculinity Predicts U.S. Supreme Court Outcomes.

Directory of Open Access Journals (Sweden)

Daniel Chen

Full Text Available 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.

A rule-learning program in high energy physics event classification

International Nuclear Information System (INIS)

Clearwater, S.H.; Stern, E.G.

1991-01-01

We have applied a rule-learning program to the problem of event classification in high energy physics. The program searches for event classifications, i.e. rules, and effectively allows an exploration of many more possible classifications than is practical by a physicist. The program, RL4, is particularly useful because it can easily explore multi-dimensional rules as well as rules that may seem non-intuitive at first to the physicist. RL4 is also contrasted with other learning programs. (orig.)

Records of the Chernobyl court. Excerpts from Karpan's book 'Revenge of Peaceful Atom'

International Nuclear Information System (INIS)

Hirano, Shin-ichiro

2013-01-01

The trial took place in July 1987, and it was a speedy trial of three weeks until the ruling from indictment reading. The court was virtually 'closed.' The accused were the following 6 persons: Director of Chernobyl NPP, power plant chief engineer, power plant deputy chief engineer, second reactor work center chief, Chernobyl NPP National Nuclear Energy Supervisory Board inspector, and power plant night shift chief. Court records or court documents have not officially published as of March 2013. These court records have been reconstructed from the memos of Nikolay Karpan (Chernobyl NPP nuclear safety ex-deputy chief engineer), who recorded them at a time when he appeared in the court as a witness, and when he attended the court for hearing. The impressions of the translator are as follows. (1) The first purpose of the trial was to promptly punish responsible persons, and to put an end to the accident. (2) Emphasis was not placed on the investigation of the accident cause or accident background. (3) As Mr. Karpan pointed out, this trial gave impression that it was 'farce' according to certain 'scenario' or 'fixed game' that was held in order to conclude that the accident was caused by the sins of accused persons. As for the defects of the nuclear reactor as the defendants pointed out, they were dismissed as 'separate issues to be addressed,' and eliminated from judgment contents. (4) All the accused denied the indictment contents (asserting the inadequacy of the reactor itself, deficiencies of regulations and documentations, and deficit of authority). However, they admitted the moral responsibility for being unable to prevent the accident. All the defendants received actual prison term of 2 to 10 years with correctional labor. (A.O.)

Supervisory Control and Court Management

Directory of Open Access Journals (Sweden)

Andreas Lienhard

2009-08-01

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

On the origins and evolution of the Revenue Rule: the quest for certainty

OpenAIRE

O'HANLON, NIALL

2017-01-01

APPROVED The thesis advanced in this work is that the Revenue Rule, which stipulates that whilst forum courts may recognise a foreign tax law, they will not enforce it, does not meet the criteria of certainty. Uncertainties arise in relation to the origins, taxonomy and extent of the Rule, to what constitutes a revenue law, to the distinction between revenue and penal laws, to the supposed distinction between recognition and indirect enforcement of foreign revenue law and to what constitut...

The use of mental health court appearances in supervision.

Science.gov (United States)

Redlich, Allison D; Steadman, Henry J; Callahan, Lisa; Robbins, Pamela Clark; Vessilinov, Roumen; Ozdoğru, Asil Ali

2010-01-01

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.

Guide to Alabama Court Procedures.

Science.gov (United States)

Alabama Administrative Office of Courts, Montgomery.

Designed to assist the public in understanding the judicial system and judicial process in Alabama, this handbook (1) presents an overview of Alabama's courts and their jurisdictions, (2) identifies the officers of the courts and the contributions each makes to the judicial process, and (3) narrates in general terms the procedures most common to…

High Dimensional Classification Using Features Annealed Independence Rules.

Science.gov (United States)

Fan, Jianqing; Fan, Yingying

2008-01-01

Classification using high-dimensional features arises frequently in many contemporary statistical studies such as tumor classification using microarray or other high-throughput data. The impact of dimensionality on classifications is largely poorly understood. In a seminal paper, Bickel and Levina (2004) show that the Fisher discriminant performs poorly due to diverging spectra and they propose to use the independence rule to overcome the problem. We first demonstrate that even for the independence classification rule, classification using all the features can be as bad as the random guessing due to noise accumulation in estimating population centroids in high-dimensional feature space. In fact, we demonstrate further that almost all linear discriminants can perform as bad as the random guessing. Thus, it is paramountly important to select a subset of important features for high-dimensional classification, resulting in Features Annealed Independence Rules (FAIR). The conditions under which all the important features can be selected by the two-sample t-statistic are established. The choice of the optimal number of features, or equivalently, the threshold value of the test statistics are proposed based on an upper bound of the classification error. Simulation studies and real data analysis support our theoretical results and demonstrate convincingly the advantage of our new classification procedure.

Court decisions on medical malpractice.

Science.gov (United States)

Knaak, Jan-Paul; Parzeller, Markus

2014-11-01

Recent studies on court cases dealing with medical malpractice are few and far between. This retrospective study, therefore, undertakes an analysis of medical malpractice lawsuits brought before regional courts in two judicial districts of the federal state of Hesse. Over a 5-year period (2006-2010), 232 court decisions on medical malpractice taken by the regional courts (Landgericht) of Kassel and Marburg were evaluated according to medical discipline, diagnosis, therapy, relevant level of care, charge of neglect of duty by the claimant party, outcome of the lawsuit, and further criteria. With certain overlaps, the disciplines most frequently confronted with claims of medical malpractice were accident surgery and orthopedics (30.2%; n = 70), dentistry (16.4%; n = 38), surgery (12.1%; n = 28), and gynecology and obstetrics (7.8%; n = 18), followed by the remaining medical disciplines (38.8%; n = 90). Malpractice allegations were brought against the practice-based sector in 35.8 % (n = 83) of cases, the hospital-based sector in 63.3% (n = 147) of cases, and other sectors in 0.9% (n = 2) of cases. The allegation grounds included false administration of treatment (67.2%; n = 156), false indication of treatment (37.1%; n = 86), false diagnosis (31.5%; n = 73), and/or organizational negligence (13.8%; n = 32). A breach of duty to inform was given as grounds for the claim in 38.8% (n = 90) of cases. A significant majority of 65.6% (n = 152) of cases ended in a court settlement. Of the cases, 18.9% (n = 44) were concluded by claim withdrawal, 11.2% (n = 26) by claim dismissal and 2.6% (n = 6) by criminal sentence. Of the cases, 1.7% (n = 4) were for purposes of securing evidence. Although there was no conclusive evidence of malpractice, two thirds of the cases ended in a court settlement. On the one hand, this outcome reduces the burden on the courts, but on the other, it can in the long term give

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

Directory of Open Access Journals (Sweden)

Jet Tigchelaar

2016-07-01

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

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Science.gov (United States)

2006-09-26

Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Eliminating Federal Court Jurisdiction Where There Is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 542 U.S. 466 (2004). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court In Rasul v. Bush,1 a divided Supreme Court declared that “a state

Opteren voor de Netherlands Commercial Court

NARCIS (Netherlands)

Hoeben, J.; Keirse, A.L.M.; Reijneveld, M.D.

Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor

On financial losses, prospectuses, liability, jurisdiction (clauses) and applicable law : European Court of Justice 28 January 2015, Case C-375/13 (Kolassa/Barclays Bank)

NARCIS (Netherlands)

Arons, T.M.C.

The difficult question of where financial losses are directly sustained has been (partly) solved by the European Court of Justice on 28 January 2015. In Kolassa the ECJ ruled that an investor suffers direct financial losses as a result of corporate misinformation (i.e. misleading information

Supreme Court Deals Blow to Student Journalists.

Science.gov (United States)

Gynn, Ann

1989-01-01

Covers the U.S. Supreme Court decision in Hazelwood School District v. Kuhlmeier, which gave principals the right to censor school publications. In "One Student's Pursuit of Journalism," Alexandra Salas relates one student journalist's experience, including internships, from high school through the end of college. (LS)

Barriers to addressing substance abuse in domestic violence court.

Science.gov (United States)

Riger, Stephanie; Bennett, Larry W; Sigurvinsdottir, Rannveig

2014-03-01

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.

Judicial Reform and Commercial Justice : The Experience of Tanzania's Commercial Court

OpenAIRE

Finnegan, David Louis

2004-01-01

Policymakers in developing and transition economies recognize the important role played by judiciaries in creating an institutional environment conducive to robust private sector activity. In the case of Tanzania, the government, with the support of local business groups, international investors, and the donor community, created a specialized court dedicated to considering and resolving commercial and financial cases. The Commercial Division of the High Court of Tanzania (the "Commercial Cour...

Immigration Adjudication: The Missing “Rule of Law”

Directory of Open Access Journals (Sweden)

Lenni B. Benson

2017-04-01

dramatic impact on case outcomes. Without counsel, the rule of law is barely a constraint on government authority. Conversely, a system of appointed counsel could lead to efficiencies and to a culture of negotiation and settlement within the immigration court system. DHS has increasingly used every tool in its arsenal to expeditiously remove people from the United States and most of these tools bypass judicial hearings. In these “ministerial” or expedited forms of removal, there is no courtroom, there is no administrative judge, and there are rarely any opportunities for legal counsel to participate. Moreover, there is rarely an opportunity for federal judicial review. In these settings, the rule of law is entirely within the hands of Immigration and Customs Enforcement (ICE or Customs and Border Protection (CBP officers who serve as both prosecutor and judge. There is little record keeping and almost no avenue for administrative or judicial review. This paper will argue that the rule of law is missing in the US removal adjudication system, and will propose ways in which it can be restored. [1] In fiscal year (FY 2016, the budget for CBP and ICE was $19.3 billion. See analysis by the American Immigration Council (2017a about the costs of immigration enforcement. The budget for the immigration court has grown only 30 percent in comparison with a 70 percent increase in the budget of the DHS enforcement. [2] Taken from Obama removal data and comparison to past administrations (Arthur 2017. [3] The DHS does not routinely publish full statistical data that allows a comparison of the forms of removal. In a recent report by the Congressional Research Service, the analyst concluded that 44 percent were expedited removals as described below, and an additional 39 percent were reinstatement of removals — 83 percent of all orders of removal were outside the full immigration court system (Congressional Research Service 2015.

`Court-proof` operation of power plants; Der ``gerichtsfeste`` Kraftwerksbetrieb

Energy Technology Data Exchange (ETDEWEB)

Adams, H.W. [Dr. Adams und Partner Unternehmensberatung GmbH, Duisburg (Germany)

1995-09-01

The `court-proof` organisation of a power plant is understood to mean the well-defined, i.e., documented, organisation of its operational structure and work flows. This includes transparent delegation of tasks, competences, and responsibilities to individual officers and down hierarchical lines and mutual agreements on the rules for cooperation between lines and between lines and officers. Such an organisation ensures that responsibilities to give instructions, select personnel, and/or carry out control tasks can be ascertained. (orig./DG) [Deutsch] Die `gerichtsfeste` Organisation ist die festgelegte, das heisst dokumentierte, Aufbau- und Ablauforganisation mit transparenter Delegation von Aufgaben, Kompetenz und Verantwortung in Linie und Beauftragte und Verabreden der Spielregeln des Zusammenwirkens Linie-Linie beziehungsweise Linie-Beauftragte. Sie stellt sicher, dass Anweisungs-, Auswahl- und Ueberwachungspflichten nachgewiesen werden koennen. (orig./DG)

PENGADILAN HIBRIDA (HYBRID COURT SEBAGAI ALTERNATIF PENANGANAN KEJAHATAN INTERNASIONAL

Directory of Open Access Journals (Sweden)

Arie Siswanto

2016-10-01

Since the end of World War II, the international community witnessed the increasingly serious efforts to deal with the international crimes. Besides the domestic criminal courts and purely international tribunals, the forum that is also recently used to handle international crimes is the hybrid courts that have been established in several places such as in Cambodia, Sierra Leone and Timor-Leste. Hybrid courts are established from different political backgrounds, but as a legal institution, its establishment was necessarily based on legal instruments. This paper identifies that there are three patterns in the formation of hybrid court, which are: the establishment of a hybrid court based on an agreement between the UN and the relevant state, the establishment of a hybrid court by the UN or international administration and the establishment of a hybrid court by a country which later gains greater international support.

Court interpreting and pragmatic meaning

DEFF Research Database (Denmark)

Jacobsen, Bente

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

Trial by Jury in Russian Military Courts

Directory of Open Access Journals (Sweden)

Nikolai P. Kovalev

2008-07-01

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

with a comparative view at the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court

OpenAIRE

Hiller, Kinga

2010-01-01

This thesis is about the connection between the constitutional ownership guarantee and the political-philosophical conception of property. I portray and analyze the jurisdiction of the Hungarian Constitutional Court since the fall of Communism in 1989 in light of these two aspects and venture a comparison with the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court. In political and philosophical terms, there are - roughly speaking - two opposing conceptio...

Poisoned social climate, collective responsibility, and the abuse at Abu Ghraib--Or, the establishment of "rule that is lack of rule".

Science.gov (United States)

Mestrovic, Stjepan G; Romero, Rachel

2012-01-01

The authors draw upon the experiences of one of the co-authors as an expert witness in sociology for mitigation at three of the courts-martial pertaining to the abuse at Abu Ghraib that were held at Ft. Hood, Texas in the year 2005 (for Javal Davis, Sabrina Harman, and Lynndie England). In addition, this paper is based upon the thousands of pages of affidavits, testimony, and U.S. Government reports concerning Abu Ghraib. These internal government reports, as well as the Levin-McCain report, point to collective responsibility and the responsibility of individuals high in the chain of command for establishing unlawful techniques. We review the shortcomings of a purely psychological approach for understanding the abuse, and turn to Durkheim's original understanding of anomie as a state of social derangement or rule by lack of rule to introduce the ideas of the social origins of and social responsibility for the abuse. We conclude with sociological suggestions for reforming some of the legal, medical, psychiatric, and other professional complicity in the abuse at Abu Ghraib. Copyright © 2011 Elsevier Ltd. All rights reserved.

The privileges and immunities of international organizations in domestic courts

CERN Document Server

2013-01-01

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

The Court of Justice and The Data Retention Directive in Digital Rights Ireland: Telling Off The EU Legislator and Teaching a Lesson in Privacy and Data Protection

NARCIS (Netherlands)

Granger, M.-P.; Irion, K.

2014-01-01

In Digital Rights Ireland, the Court of Justice invalidated the 2006 Data Retention Directive, which required private providers to retain for a considerable period electronic communication metadata for law enforcement purposes. In this landmark ruling, the EU judiciary introduced a strict scrutiny

High Level Rule Modeling Language for Airline Crew Pairing

Science.gov (United States)

Mutlu, Erdal; Birbil, Ş. Ilker; Bülbül, Kerem; Yenigün, Hüsnü

2011-09-01

The crew pairing problem is an airline optimization problem where a set of least costly pairings (consecutive flights to be flown by a single crew) that covers every flight in a given flight network is sought. A pairing is defined by using a very complex set of feasibility rules imposed by international and national regulatory agencies, and also by the airline itself. The cost of a pairing is also defined by using complicated rules. When an optimization engine generates a sequence of flights from a given flight network, it has to check all these feasibility rules to ensure whether the sequence forms a valid pairing. Likewise, the engine needs to calculate the cost of the pairing by using certain rules. However, the rules used for checking the feasibility and calculating the costs are usually not static. Furthermore, the airline companies carry out what-if-type analyses through testing several alternate scenarios in each planning period. Therefore, embedding the implementation of feasibility checking and cost calculation rules into the source code of the optimization engine is not a practical approach. In this work, a high level language called ARUS is introduced for describing the feasibility and cost calculation rules. A compiler for ARUS is also implemented in this work to generate a dynamic link library to be used by crew pairing optimization engines.

Unwrapping Court-Connected Mediation Agreements

DEFF Research Database (Denmark)

Adrian, Lin; Mykland, Solfrid

2018-01-01

Court-connected mediated agreements seem to both fulfil and fail the ideal of self-determination in mediation theory. In a study of 134 agreements from court-connected mediation, we found that the majority of agreements contain creative elements and display great variation in the provisions...... and understand them. The judicial language is well known for the drafters of the agreement but not the parties. Thus, court-connected mediation seems to fail aspects of self-determination when it comes to drafting agreements. We draw on new-institutional theory when we explore and explain this apparent...... they contain. These results indicate that the parties play an important role in crafting the substance of their agreements. However, we also found that the wording of the agreements is characterised by legal and bureaucratic language to the extent that people without legal training find it difficult to read...

Limits of verification by the Federal Constitutional Court

International Nuclear Information System (INIS)

Anon.

1985-01-01

The court of administration of Baden-Wuerttemberg passed a resolution on October 27,1983 - 10 S 1102/83 - dismissing the application to revoke the immediate implementation of the first partial construction permit for the joint nuclear power plant Neckar II. As the plaintiff thereupon lodged a complaint with the Federal Constitutional Court the resolution did not become effective immediately. However, the Federal Constitutional Court on October 1, 1984 decreed unanimously in accordance with the section 93a subsection 3 of the law on the Federal Constitutional Court - 1 BvR 231/84 -: ''The constitutional complaint lodged is not taken up for decision because its chances of success are nil.'' Thus the original decision of the court of administration of Baden-Wuerttemberg passed on October 27, 1983 was confirmed by the endorsement of its immediate implementation. (orig./HSCH) [de

Internal and External Dialogue: A Method for Quality Court Management

Directory of Open Access Journals (Sweden)

Marie Hagsgård

2008-10-01

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

Level of occupational stress of court probation officers and style of coping with stress

Directory of Open Access Journals (Sweden)

Łukasz Wirkus

2015-08-01

Full Text Available Background The relationship between a court probation officer and their ward is a specific one and is frequently connected with enormous individuals costs. This fact is connected with the character of the job, and with the conditions determining its character. Psychosocial threats may influence both mental and somatic health, directly or indirectly, by means of the influence exerted by stress. Participants and procedure The main study was conducted at the offices of the teams of the Court Probation Service. The teams of the Court Probation Service are part of the structure of the following 9, randomly selected, district courts (DCs: DC Wrocław, DC Bydgoszcz, DC Szczecin, DC Poznań, DC Łódź, DC Lublin, DC Kraków, DC Katowice and DC Białystok. Participation in the research was voluntary and anonymous; the tools were arranged in sets, and the sequence of those sets was random. The sets of research tools were received by 1,000 individuals altogether. Results The conducted research confirmed the need to verify the significance of the feeling of occupational stress of court probation officers at the workplace and the correlations between it and a number of variables. Below, I present statistical analyses concerning various aspects of occupational stress experienced in the studied group, including correlations between the general level of occupational stress and the dimensions of it, and organizational predictors. The objective of the research was to indicate the styles of coping with stress and the correlations of them with the stress felt by court probation officers. Conclusions The research confirms a significant influence exerted by organizational determinants upon the general level of felt occupational stress. Professional court probation officers experience a higher level of felt occupational stress; what is conducive to that is high encumbrance with occupational responsibilities, and also functioning directly in structures of the court of

Clinical factors associated with rape victims' ability to testify in court: a records-based study of final psychiatric recommendation to court.

Science.gov (United States)

Phaswana, T D; Van der Westhuizen, D; Krüger, C

2013-09-01

A rape victim may encounter professionals in both the health and the legal systems. Unanswered questions remain about clinical factors associated with a rape victim's ability to testify in court, and the quality of care offered to rape victims. The objectives of this study were thus to determine the clinical factors that are associated with a rape victim's ability to testify in court, as well as to undertake a preliminary exploration of the referral system between the court and the mental health services. A retrospective study was conducted of rape victims referred by the court (n=70) to be assessed psycho-legally by psychiatrists. Rape victims who were recommended as able and those recommended as unable to testify in court were compared with regard to their clinical characteristics. Thirty-seven (53.6%) victims were recommended as able to testify and 32 (46.4%) victims as unable to testify in court. Victims from rural areas and victims with severe mental retardation were statistically significantly more often found to be unable to testify in court. Almost half (49.2%) of the victims were referred by court for first assessment within six months of being raped. Most (63.5%) victims were assessed for the first time within one month of being referred. The decision about a victim's ability to testify should not be based solely on the two statistically significant variables but, rather, individualised. Optimal mental health and legal services should be offered to rape victims. Further studies are required in assessing the collaboration between the health and legal systems.

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

Directory of Open Access Journals (Sweden)

Roger Guimerà

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

Criminal adjudication by state courts under the FDRE constitution ...

African Journals Online (AJOL)

... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

25 CFR 11.907 - Transfer to Court of Indian Offenses.

Science.gov (United States)

2010-04-01

....907 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.907 Transfer to Court of Indian Offenses. (a) The presenting officer or the minor may file a petition requesting the children's court to transfer the minor to...

Announcement of ruling: implementing United States v.Windsor for purposes of entitlement and enrollment in Medicare hospital insurance and supplementary medical insurance. Notice of CMS ruling.

Science.gov (United States)

2015-02-13

This document announces a CMS Ruling that states the CMS policies for implementing United States v. Windsor ("Windsor''), in which the Supreme Court held that section 3 of the Defense of Marriage Act (DOMA), enacted in 1996, is unconstitutional. Section 3 of DOMA defined ``marriage'' and "spouse'' as excluding same-sex marriages and same-sex spouses, and effectively precluded the Federal government from recognizing same-sex marriages and spouses.

Violent video games and the Supreme Court: lessons for the scientific community in the wake of Brown v. Entertainment Merchants Association.

Science.gov (United States)

Ferguson, Christopher J

2013-01-01

In June 2011 the U.S. Supreme Court ruled that video games enjoy full free speech protections and that the regulation of violent game sales to minors is unconstitutional. The Supreme Court also referred to psychological research on violent video games as "unpersuasive" and noted that such research contains many methodological flaws. Recent reviews in many scholarly journals have come to similar conclusions, although much debate continues. Given past statements by the American Psychological Association linking video game and media violence with aggression, the Supreme Court ruling, particularly its critique of the science, is likely to be shocking and disappointing to some psychologists. One possible outcome is that the psychological community may increase the conclusiveness of their statements linking violent games to harm as a form of defensive reaction. However, in this article the author argues that the psychological community would be better served by reflecting on this research and considering whether the scientific process failed by permitting and even encouraging statements about video game violence that exceeded the data or ignored conflicting data. Although it is likely that debates on this issue will continue, a move toward caution and conservatism as well as increased dialogue between scholars on opposing sides of this debate will be necessary to restore scientific credibility. The current article reviews the involvement of the psychological science community in the Brown v. Entertainment Merchants Association case and suggests that it might learn from some of the errors in this case for the future. (c) 2013 APA, all rights reserved.

Public Participation: What has the Constitutional Court given the ...

African Journals Online (AJOL)

Public Participation: What has the Constitutional Court given the public? ... Linda Nyati explores the duty to facilitate public participation in legislative processes in terms of ... This issue, the article demonstrates, is highly pertinent to citizens in ...

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

Science.gov (United States)

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

2010-01-01

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

Online intermediation platforms and free trade principles : Some reflections on the Uber preliminary ruling case

NARCIS (Netherlands)

Geradin, Damien

2016-01-01

Commercial Court No 3 of Barcelona sent a request for a preliminary ruling to the CJEU regarding the extent to which Uber which operated its uberPOP service in Spain without an authorization from the Spanish authorities should be protected by EU law provisions designed to ensure the free movement of

"Bauchman v. West High School" Revisited: Religious Text and Context in Music Education

Science.gov (United States)

Perrine, William Michael

2017-01-01

In 1997 the Tenth Circuit U.S. Court of Appeals ruled that school officials at West High School did not violate Rachel Bauchman's constitutional rights by including Christian religious music as part of its curriculum, or by staging school performances at religious sites. Three philosophical questions are investigated in this paper: whether the…

A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union

NARCIS (Netherlands)

Gáspár-Szilágyi, S.

2016-01-01

This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the

Legal Bibliography for Juvenile and Family Courts. Supplement 2.

Science.gov (United States)

Sheridan, William H.; Freer, Alice B.

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

Court rejects claim of mental illness from needlestick.

Science.gov (United States)

1998-05-29

The Montana Supreme Court rejected the bid of a medical technician to remain on workers' compensation, based on his claims that he suffered from psychosis, depression, and hallucinations after pricking himself with a needle used on an HIV-positive patient. [Name removed], a respiratory therapist at Community Medical Center in Missoula, tested negative for HIV, but claimed that the psychological trauma from the needlestick injury caused him to become disabled. Based on expert testimony, the Workers' Compensation Court determined that [name removed] was faking his symptoms to collect benefits from his employer's insurer, EBI/Orion Group. [Name removed] appealed, and the Supreme Court remanded the case, stating that psychologists are not included among the medical professionals able to conduct medical reviews. The Workers' Compensation Court again found that [name removed] was faking his symptoms, and [name removed] unsuccessfully appealed. The compensation panel cited conflicting evidence from psychological tests, [name removed]'s friends' testimonies, and [name removed]'s personal diary. The Supreme Court upheld the verdict.

First instance competence of the Higher Administrative Court

International Nuclear Information System (INIS)

Anon.

1988-01-01

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

Educational Malpractice: Why the Courts Say No.

Science.gov (United States)

Hammes, Richard

1989-01-01

The courts have refused to award damages to litigants claiming educational malpractice. This article discusses recurring themes in the courts' rationale for their decisions. Discussion focuses on elements of negligence: the duty of care, the breach of duty, injury and proximate cause. (IAH)

QUASI-ARBITRATION WITH REFERENCE TO FIDIC RULES

Directory of Open Access Journals (Sweden)

Vjekoslav Puljko

2016-07-01

Full Text Available Quasi-arbitration is a way of settling a dispute without going to court. While it is increasingly present in modern business practices, in Croatia only a few university professors have dealt with it. Therefore, the aim of this paper is to describe the procedure and its rules and bring it closer to potential users. In the introductory part, we briefly analyse the term quasi- arbitration. As the term has a lot in common with arbitration, we also analyse its relation with arbitration. The paper focuses on recent changes to the rules on technical arbitration of the International Chamber of Commerce (ICC because they can be used as a great guide for finding possible Croatian solutions. On the other hand, special attention has been paid to FIDIC rules since they exemplify the presence of quasi-arbitration clauses applied in Croatia, and the authors believe that they have become the standard for construction and engineering works financed by the cohesion and structural funds, which are of crucial importance for co-financing of infrastructure projects in Croatia. The authors’ opinion is that familiarising both experts and the general public with these rules may contribute to more transparent public procurement not only in public investment but also in private projects as they greatly facilitate business operation.

On the question of whether particular demarcation and franchise agreements permitted by the German GWB Act are compatible with Art. 85 of the Treaty of Rome. Decision of the BGH (Federal High Court) of 11 March 1997 - KZR 2/96; Zur Vereinbarkeit der nach deutschem Recht vom Kartellverbot freigestellten Demarkations- und Konzessionsabsprachen mit Art. 85 EGV. BGH, Beschluss vom 11.3.1997 - KZR 2/96

Energy Technology Data Exchange (ETDEWEB)

Anon.

1997-11-01

The BGH division for restraints of trade suspended the proceedings and submitted five questions to the European Court of Justice for preliminary ruling. The five questions as well as the reasons stated by the court are given as authentic texts. (CB) [Deutsch] Der Kartellsenat des BGH hat das Verfahren ausgesetzt und dem EuGH fuenf Fragen zur Vorentscheidung vorgelegt. Die Fragen und die vollstaendige Begruendung werden im vollen Wortlaut angegeben. (CB)

The Role of Courts in Shaping Health Equity.

Science.gov (United States)

Hall, Mark A

2017-10-01

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

ACCESS TO JUSTICE AND THE INSTITUTIONAL LIMITS OF INDEPENDENT COURTS

Directory of Open Access Journals (Sweden)

Micah B. Rankin

2012-02-01

Full Text Available Canadian citizens’ inability to access courts has been a subject of controversy for decades. Despite widespread evidence that Canada’s legal aid system is faltering, governments continue to be unwilling to commit the resources necessary to remedy the problem. In the meantime, Canadian courts have failed to develop constitutional standards defining the government’s obligations to ensure that Canadians have access to courts. In this paper, the author argues that people’s inability to access courts and obtain legal representation not only has implications for their rights and interests, but may also create specific burdens on courts and judges that can sometimes undermine their independence. The author argues that the traditional view of judicial independence is too narrow and should be expanded. Judicial independence, the author claims, is best understood as a variable bundle of rights, guarantees and powers conferred on courts and judges that preserves and enhances their abilities to adjudicate impartially, maintain a constitutional distribution of powers and uphold the rule of law. Since people’s inability to access courts and obtain legal representation can impair the judiciary’s ability to preserve these values, the author argues that judicial independence is undermined. Relying on his broadened conception of judicial independence, the author claims that it is possible to correct problems of inaccessibility by recognizing that courts have a power to appoint state-funded counsel in appropriate circumstances in order to preserve their independence. L’incapacité des Canadiens d’avoir accès aux tribunaux est sujet de controverse depuis des décennies. En dépit des nombreuses preuves de l’affaiblissement du système d’aide juridique du Canada, les gouvernements refusent encore d’engager les ressources nécessaires pour remédier au problème. Parallèlement, les tribunaux canadiens n’ont pas réussi à élaborer des

[A commentary on the Ruling of the Tribuna Constitucional 212/1996 of 19 December 1996 (I)].

Science.gov (United States)

González Morán, L

1998-01-01

This article is a commentary on Spain's Constitutional Court's ruling of 19 December 1996 (STC 212/1996), on the challenge (596/89) on grounds of alleged unconstitutionality made against Law 42/1988, 28 December, which regulates the donation of human embryos and foetuses or the cells, tissues and organs therefrom. The article is structured as follows: it opens with a summary of Law 42/1988, since this is felt necessary to understand the subsequent challenge made on grounds of alleged unconstitutionality. We then provide specific details of the challenge and the resulting ruling, before concluding with some critical remarks on the aforementioned Law and ruling.

Opteren voor de Netherlands Commercial Court

OpenAIRE

Hoeben, J.; Keirse, A.L.M.; Reijneveld, M.D.

2017-01-01

Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor beslechting van internationale handelsgeschillen in de Engelse taal, waarbij de belangen van snelheid, efficiëntie en goede financierbaarheid centraal staan. Dit artikel verkent de positieve aspecten van ...

Criminal policy of the Colombian State and the rights of persons deprived of liberty: Legislative Analysis and Constitutional Court jurisprudence

Directory of Open Access Journals (Sweden)

Omar Huertas Díaz

2013-12-01

Full Text Available With the entry into force of the 1991 Constitution, Colombia entered the era of fundamental rights as they catalog the Superior text is large and that the Constitutional Court has given scope beyond the simple meaning of the sentences that make each of these fundamental rights. In turn, it started the legislation has couple that were in effect prior to the new Charter and new rules are enacted. In this legislative development, the Colombian State has issued numerous rules that allow the restriction of personal freedom of the people living in the Colombian territory, whether of a temporary (security measures or has permanent level (custodial sentences. In that future legislation, the crisis within jails and prisons in the country worsened, today introduced massive violations of fundamental rights of persons deprived of liberty by court order. Overcrowding, lack of information necessary to meet the basic needs of prisoners, the absence of a criminal policy consonant with the reality of these detention centers are just some of the issues that shape the aforementioned rights violations. With the research carried seeks to make recommendations to the criminal policies in jail and prison, to enable the State to overcome this crisis.

Constitutional Court's Crisis Management of Akil Mochtar's Case

OpenAIRE

Uli Mediana, Cipta; Naryoso, S.Sos, M.Si, Agus

2016-01-01

The Constitutional Court is one of the state institutions that conduct independent judicial power to hold a court in order to enforce law and justice in Indonesia that became a proof of state agencies was also not spared from the crisis. The Chairman of the Constitutional Court in 2013, Akil Mochtar caught red-handed by the Corruption Eradication Commission (KPK) for allegedly receiving bribe money for handling election disputes Gunung Mas, Central Kalimantan and elections Lebak, Banten. Sinc...

National Courts and EU Law

DEFF Research Database (Denmark)

approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

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

NARCIS (Netherlands)

Strootman, R.

2007-01-01

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

Taxation without representation: the illegal IRS rule to expand tax credits under the PPACA.

Science.gov (United States)

Adler, Jonathan H; Cannon, Michael F

2013-01-01

The Patient Protection and Affordable Care Act (PPACA) provides tax credits and subsidies for the purchase of qualifying health insurance plans on state-run insurance exchanges. Contrary to expectations, many states are refusing or otherwise failing to create such exchanges. An Internal Revenue Service (IRS) rule purports to extend these tax credits and subsidies to the purchase of health insurance in federal exchanges created in states without exchanges of their own. This rule lacks statutory authority. The text, structure, and history of the Act show that tax credits and subsidies are not available in federally run exchanges. The IRS rule is contrary to congressional intent and cannot be justified on other legal grounds. Because tax credit eligibility can trigger penalties on employers and individuals, affected parties are likely to have standing to challenge the IRS rule in court.

Editorial Coverage of Reagan Supreme Court Nominees.

Science.gov (United States)

Hale, F. Dennis

To measure the editorial advocacy of influential newspapers concerning the membership of the Supreme Court, a study analyzed editorials from such newspapers concerning the last five Supreme Court nominees of President Ronald Reagan (William Rehnquist, Antonin Scalia, Robert Bork, Douglas Ginsburg, and Anthony Kennedy). A telephone survey of 100…

78 FR 14017 - Courts of Indian Offenses

Science.gov (United States)

2013-03-04

... process of establishing, tribal courts; and are therefore no longer in need of an extra-tribal judicial... Health Hospital, and the Albuquerque Indian School Property (land held in trust for the 19 Pueblos of New... have courts to administer justice on land under their jurisdiction. Prior notice and comment are...

Free movement of People and Cross-Border Welfare in the European Union: Dynamic Rules, Limited Outcomes

DEFF Research Database (Denmark)

Martinsen, Dorte Sindbjerg; Pons Rotger, Gabriel; Thierry, Jessica Maria Sampson

2018-01-01

For decades, the European legislators and the Court of Justice have extended the rights to free movement and cross-border welfare in the European Union (EU). Strong assumptions on the impact of these rules have been posed, by some held to lead to welfare migration and thus to be a fundamental cha...

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

Energy Technology Data Exchange (ETDEWEB)

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

2009-03-15

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

[Cochlear implants in the social courts].

Science.gov (United States)

Lottner, A; Iro, H; Schützenberger, A; Hoppe, U

2018-02-01

Since the indication for receiving a cochlear implant (CI) has widened (single-sided deafness [SSD], electric acoustic stimulation [EAS], bilateral CI, CI for long-term deafness), more and more patients come into consideration for such a treatment. Hence, disputes increasingly arise between patients and their insurance companies concerning the question of whether surgery and follow-up treatment have to be paid for by statutory health insurance. This work provides an overview of judgments rendered by the German social courts. We investigated whether and in which cases it is advisable for a patient to go to court, and how long the proceedings may take. We looked for judgments in the two biggest commercial legal databases and in the database of the German social courts, using combinations of the search parameters "Cochlear," "Cochlea," "Implant," and "Implantat." Three verdicts were attained by directly contacting the court; another one was mentioned in an article. The reviewed judgements were issued between 2003 and 2017. A total of 12 judgments were found. The patients won in all but one of the main proceedings. The case that was lost concerned exceptional circumstances. One patient didn't get the desired interim measure, but won in the main proceedings. The proceedings took between 1 year and 8 months, and 9 years and 5 months. Despite the amount of time the patient has to invest, taking legal action is worthwhile. The proceedings at the social courts are generally exempt from charges. In most cases, the statutory health insurance is ordered to pay for a CI.

Sociomateriality at the Royal Court of IS

DEFF Research Database (Denmark)

Kautz, Karlheinz; Jensen, Tina Blegind

2013-01-01

understanding of the notion of sociomateriality and its use in the IS discipline. We invite the reader to attend a prolonged monologue – characterized by honesty, frank observations and wit – at the royal court of IS. The monologue is delivered by the court jester and directed to the two sovereigns who, based...

What Defines an International Criminal Court?

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

2015-01-01

that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must......Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates. Instead, it is argued...

Jurisdiction of the international Criminal Court: Analysis, loopholes ...

African Journals Online (AJOL)

Jurisdiction of the international Criminal Court: Analysis, loopholes and challenges. ... Journal Home > Vol 3 (2012) > ... One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case.

The Constitutional Court and the Imperative of its Reform

Directory of Open Access Journals (Sweden)

Claudia Gilia

2012-12-01

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

Court grants courier a jury trial based on fear of AIDS.

Science.gov (United States)

1996-03-08

A medical courier who was exposed to blood from a leaking container will be granted a jury trial in Albuquerque, NM. Courier [name removed] was splashed with blood and became alarmed because she had paper cuts on her hands. Repeated blood tests for HIV and hepatitis B were negative. A Bernallilo County judge initially dismissed [name removed]'s lawsuit when the hospital revealed that there was no HIV present in the splashed liquid. A three-judge panel of the Court of Appeals ruled to allow [name removed] a jury trial because New Mexico law no longer requires a plaintiff to prove that the defendant's actions created actual danger or physical impact. The panel determined that [name removed]'s allegations stated a cause for negligent infliction of emotional distress.

UK: Welsh court reduces sentence, cites HIV status.

Science.gov (United States)

Marceau, Emmanuelle

2003-08-01

A Welsh appeal court has reduced the sentence handed down to an offender because of his HIV status, despite his lengthy criminal record. The court reduced the sentence from five to three-and-a-half years' imprisonment.

Time Standards as a Court Management Tool: The Experience in American State and Local Trial Courts

OpenAIRE

David Steelman

2010-01-01

As a public institution, the courts must be accountable for their use of a nation’s resources. The institutional independence of the judiciary from political influences and the decisional independence of individual judges in specific cases are intended not for the personal benefit of judges, but for the benefit of the society as a whole and of all those who come before the courts. Indeed, the very legitimacy of government as a whole can be powerfully reinforced by the effective operation of a...

Court Cases Involving Contracts for School Districts

Science.gov (United States)

Allen, L. Hank

2011-01-01

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

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

International Nuclear Information System (INIS)

Anon.

1983-01-01

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

The Constitutional Court in light of interpretive decisions in normative control proceedings

Directory of Open Access Journals (Sweden)

Stojanović Dragan

2016-01-01

-deprivation' in cases where the Constitutional Court may have had to abandon its primary constitutional mission and even 'tolerate' unconstitutional activity. In particular, this refers to the constructs such as 'a matter of legislative policy ' and a highly dubious term 'political acts' which are eo ipso excluded from constitutional control. On the other hand, when it comes to interpretative decisions, which rest on the dogmatic principle of statutory interpretation aimed at establishing the compliance of laws with the Constitution, the interpretation results may 'save' the legal act from being declared unconstitutional and invalid. In that case, the main problem is that the Constitutional Court has a slightly different role of shaping the positive law; thus, the practice of resorting (too frequently to interpretative decisions does not lead to the optimal exercise of the Constitutional Court mission. Therefore, we can conclude that the constitutional jurisprudence (which includes only a few interpretative decisions does not seem to entail a 'dangerous' divergence of the Constitutional Court from its constitutional mission, nor does it significantly affect the principal Constitutional Court activities.

CONVERTING THE 'RIGHT TO LIFE' TO THE 'RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA': AN ANALYSIS OF CARTER V CANADA (ATTORNEY GENERAL), SUPREME COURT OF CANADA.

Science.gov (United States)

Chan, Benny; Somerville, Margaret

2016-01-01

In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for 'revisiting' Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. © The Author 2016. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Court supervised institutional transformation in South Africa ...

African Journals Online (AJOL)

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 ...

Enrollment in mental health courts: voluntariness, knowingness, and adjudicative competence.

Science.gov (United States)

Redlich, Allison D; Hoover, Steven; Summers, Alicia; Steadman, Henry J

2010-04-01

Mental health courts (MHCs) are rapidly expanding as a form of diversion from jails and prisons for persons with mental illness charged with crimes. Although intended to be voluntary, little is known about this aspect of the courts. We examined perceptions of voluntariness, and levels of knowingness and legal competence among 200 newly enrolled clients of MHCs at two courts. Although most clients claimed to have chosen to enroll, at the same time, most claimed not to have been told the court was voluntary or told of the requirements prior to entering. The majority knew the "basics" of the courts, but fewer knew more nuanced information. A minority also were found to have impairments in legal competence. Implications are discussed.

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

International Nuclear Information System (INIS)

Anon.

1984-01-01

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

[Parental alienation syndrome (PAS): unknown in medical settings, endemic in courts].

Science.gov (United States)

Pignotti, Maria Serenella

2013-02-01

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.

CONVERTING THE ‘RIGHT TO LIFE’ TO THE ‘RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA’: AN ANALYSIS OF CARTER V CANADA (ATTORNEY GENERAL), SUPREME COURT OF CANADA

Science.gov (United States)

Chan, Benny; Somerville, Margaret

2016-01-01

In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for ‘revisiting’ Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. PMID:27099364

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

Directory of Open Access Journals (Sweden)

Shkёlzen Selimi

2016-01-01

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

16 CFR 1.19 - Modification of a rule by the Commission at the time of judicial review.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Modification of a rule by the Commission at the time of judicial review. 1.19 Section 1.19 Commercial Practices FEDERAL TRADE COMMISSION... event that a reviewing court determines under section 18(e)(2) of the Federal Trade Commission Act, to...

Court Culture during the Reign of Christian IV

DEFF Research Database (Denmark)

Olden-Jørgensen, Sebastian

2007-01-01

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...

Recent decision of the Constitutional Court concerning the admissibility of the referendum on nuclear power plants

International Nuclear Information System (INIS)

Pomodoro, Sergio.

1981-01-01

This paper provides a thorough analysis of the decision of the Constitutional Court on 13 February 1981 ruling that a request for a referendum whose purpose was to have adopted a partial annulment of Act no. 393 of 1975 on nuclear power plant siting was inadmissible. The decision is based on the ground that, firstly the Constitution does not allow a referendum for annulment of an Act to be held and secondly, this request ran counter to the objectives fixed by the Euratom Treaty (Community nuclear power development) to which Italy, as a Party, was committed. (NEA) [fr

The relationship between administrative court control and legislative control

International Nuclear Information System (INIS)

Beckmann, M.

1986-01-01

The legislator can determine the extent of control of administrative courts by reduction of substantive conditions. The author has the opinion that the judicial control cannot be stricter than the legislative control. For the range of the control of administrative courts is decisive, to what extent the legislator is forced to proper legislative settlements. In this context the author discusses the Kalkar-decision of the Federal Constitutional Court of 1978. (CW) [de

Case law and administrative decisions

International Nuclear Information System (INIS)

2003-01-01

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

Conflitos e impasses da judicialização na obtenção de medicamentos: as decisões de 1ª instância nas ações individuais contra o Estado do Rio de Janeiro, Brasil, em 2005 Conflicts and impasses in the judicialization of the supply of medicines: circuit court rulings on claims brought against the State of Rio de Janeiro, Brazil, in 2005

Directory of Open Access Journals (Sweden)

Danielle da Costa Leite Borges

2010-01-01

Full Text Available Partindo-se de uma análise das ações judiciais individuais para o fornecimento de medicamentos propostas por usuários do Sistema Único de Saúde (SUS contra o Estado do Rio de Janeiro, Brasil, no ano de 2005, este estudo tem como objetivo discutir a atuação e o comportamento do Poder Judiciário no julgamento dos referidos processos judiciais. O estudo corresponde a uma pesquisa documental exploratória, de caráter quali-quantitativo, na qual foram analisados alguns aspectos relacionados às ações judiciais, tais como, o tipo de medicamento pleiteado, o teor das decisões proferidas e os fundamentos mais freqüentes utilizados pelos magistrados no julgamento das ações. Com base no resultado da análise das ações, do conceito de judicialização e da padronização oficial em matéria de medicamentos, concluiu-se que, ao decidir sobre o fornecimento de medicamentos, o Poder Judiciário concede os pedidos formulados sem considerar a padronização de medicamentos adotada pelo Ministério da Saúde, exercendo assim uma excessiva intervenção na política de saúde.Based on an analysis of individual claims for provision of medicines brought by users of the Unified National Health System (SUS against the State of Rio de Janeiro, Brazil, in the year 2005, this study aims to discuss the action and behavior of the court system in ruling on these suits. The study adopted a semi-qualitative exploratory documental research design, analyzing key aspects related to the claims, such as type of medication claimed by the plaintiff, wording of the court rulings, and the key elements used by judges in trying the cases. According to the analysis of the lawsuits and the concepts of judicialization and official standardization of medicines, the study concludes that when ruling on the provision of medicines, the court system grants the claims as submitted without considering the standardization of medicines adopted by the Ministry of Health, thus

On the subsidiarity of an appeal to the Constitutional Court in case of rejection of temporary relief sought as a protection against the construction of a nuclear facility (in connection with BVerfGE 77, 381 - Gorleben interim storage facility)

International Nuclear Information System (INIS)

Anon.

1988-01-01

The appeal to the Constitutional Court has been launched against the construction of the spent fuel receiving station of the planned nuclear fuel reprocessing plant in Wackersdorf. The proceedings on the main issue had to decide whether the Bavarian Ministry of Regional Development and Environmental Affairs as the competent supervising authority is obliged to order a stop of construction work on the grounds that there is no valid construction permit for the establishment of the receiving station after the BayVGH (Bavarian Court of Administration) with its decision of April 2, 1987 had set aside the relevant permit. The party appealing to the Constitutional Court applied for a judicial order to suspend execution of the construction permit for the receiving station until the appeal to the Constitutional Court has been decided upon. The appeal is directed among others against a decision of the BayVGH of December 11, 1987, denying temporary relief in accordance with section 123 VwGO (Rules of the Administrative Courts). The Constitutional Court denied the appeal. (orig./HP) [de

Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts and its challenges

Directory of Open Access Journals (Sweden)

Dr.Sc. Azem Hajdari

2014-06-01

Full Text Available Law no. 03/L-199 on Courts1 represents a law of significant importance which regulates the organisation, functioning and jurisdiction of courts of the Republic of Kosovo. This law has made numerous reforms in the judicial system of the country. It has set the bases of a modern and sustainable judicial system. In fact the Law on Courts in addition to having changed the judiciary of Kosovo in the aspect of organisation, it has opened the paths in the aspect of ensuring an efficient functioning thereof. Moreover, this law has repealed the application of the Law of former SAP of Kosovo on Regular Courts which in some aspects did not correspond to the trends of contemporary developments in this field. Law on Courts in its solutions embeds the bases of an independent and impartial justice, further on being multiethnic, non-discriminatory, efficient and in principle having an advanced approach of the opportunity for the public opinion to follow the judicial activities. Consequently, within this work, the background of the development of judicial system in Kosovo shall be discussed, some aspects of its reforming and challenges currently the judicial system of the country faces. In the course of preparation of this work, legal-historical method has been applied, the dogmatic method too, method of comparison and the method of analysis and synthesis. Through the legal-historical method, the manner of organisation and activity of the judicial system in Kosovo has been reflected covering the time of Turkish rule up to 2013 basing it on the laws and the Albanian customary law. The dogmatic method has helped on reflecting the manner of organisation and activity of the judicial system in Kosovo, viewing it in the context of regulating these matters through the Law on Courts presently applicable.The comparative method has reflected the features of the new judicial system in Kosovo and a comparison has been undertaken to the characteristics of earlier judicial

Enforcement of corporate rights-the rule in Foss v Harbottle: Dead or alive

Directory of Open Access Journals (Sweden)

Anthony O. Nwafor

2016-01-01

Full Text Available The principle on the enforcement of a corporation’s right of action which is encapsulated as the rule in Foss v Harbottle has continued to attract discombobulating academic and judicial comments in defining the scope and exceptions to that rule. The recent statutory interventions which are witnessed in the UK and South Africa by redefining the right of the minority shareholders and other persons to intervene in the corporation’s right of action are seen by some writers as having extinguished the flame ignited by the decision in Foss v Harbottle. A detailed examination of the real purport of Wigram VC’s pronouncement in that case is undertaken, streamlining the rule and the subsequent decisions of courts carving out rooms for departure from the rule. The paper argues that the statutory interventions in jurisdictions under discussion only borders on derivative action which is an exception to the rule. The effect of those statutory provisions on the rule itself is not too significant as would justify the suggestion that the rule is now extinct. Thus, the paper concludes that the rule in Foss v Harbottle remains the principal approach to the enforcement of a corporation’s right of action.

Time Standards as a Court Management Tool: The Experience in American State and Local Trial Courts

Directory of Open Access Journals (Sweden)

David Steelman

2010-04-01

Full Text Available As a public institution, the courts must be accountable for their use of a nation’s resources. The institutional independence of the judiciary from political influences and the decisional independence of individual judges in specific cases are intended not for the personal benefit of judges, but for the benefit of the society as a whole and of all those who come before the courts. Indeed, the very legitimacy of government as a whole can be powerfully reinforced by the effective operation of an independent judiciary.

Impact of the New Optimal Rules for Arbitration of Disputers Relating to Space Debris Controversies

Science.gov (United States)

Force, Melissa K.

2013-09-01

The mechanisms and procedures for settlement of disputes arising from space debris collision damage, such as that suffered by the Russian Cosmos and US Iridium satellites in 2009, are highly political, nonbinding and unpredictable - all of which contributes to the uncertainty that increases the costs of financing and insuring those endeavors that take place in near-Earth space, especially in Low Earth Orbit. Dispute settlement mechanisms can be found in the 1967 Outer Space Treaty, which provides for consultations in cases involving potentially harmful interference with activities of States parties, and in the 1972 Liability Convention which permits but does not require States - not non-governmental entities - to pursue claims in a resolution process that is nonbinding (unless otherwise agreed.) There are soft- law mechanisms to control the growth of space debris, such as the voluntary 2008 United Nations Space Debris Mitigation Guidelines, and international law and the principles of equity and justice generally provide reparation to restore a person, State or organization to the condition which would have existed if damage had not occurred, but only if all agree to a specific tribunal or international court; even then, parties may be bound by the result only if agreed and enforcement of the award internationally remains uncertain. In all, the dispute resolution process for damage resulting from inevitable future damage from space debris collisions is highly unsatisfactory. However, the Administrative Council of the Permanent Court of Arbitration's recently adopted Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities are, as of yet, untested, and this article will provide an overview of the process, explore the ways in which they fill in gaps in the previous patchwork of systems and analyze the benefits and shortcomings of the new Outer Space Optional Rules.

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

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John R. Gallagher

2014-07-01

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

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

DEFF Research Database (Denmark)

Jacobsen, Bente

1999-01-01

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 contends...

Establishing an effective dialog between courts and agencies

NARCIS (Netherlands)

Humphery-Jenner, Mark L.

2013-01-01

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,

Introduction. National Courts vis-à-vis EU Law

DEFF Research Database (Denmark)

Mayoral, Juan A.; Wind, Marlene

2016-01-01

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour...

16 CFR 1502.44 - Review by the courts.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Review by the courts. 1502.44 Section 1502.44 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS PROCEDURES FOR FORMAL EVIDENTIARY PUBLIC HEARING Judicial Review § 1502.44 Review by the courts...

The reasonable woman standard: effects on sexual harassment court decisions.

Science.gov (United States)

Perry, Elissa L; Kulik, Carol T; Bourhis, Anne C

2004-02-01

Some federal courts have used a reasonable woman standard rather than the traditional reasonable man or reasonable person standard to determine whether hostile environment sexual harassment has occurred. The current research examined the impact of the reasonable woman standard on federal district court decisions, controlling for other factors found to affect sexual harassment court decisions. Results indicated that there was a weak relationship between whether a case followed a reasonable woman precedent-setting case and the likelihood that the court decision favored the plaintiff. The implications of our findings for individuals and organizations involved in sexual harassment claims are discussed.

The physician expert witness and the U.S. Supreme court--an epidemiologic approach.

Science.gov (United States)

Norton, Martin L

2002-01-01

It is a fact of life that the physician is occasionally called upon to provide Expert Witness evidence. This is clearly distinct from evidence of a participatory nature where the physician is a party to the act by virtue of the doctor-patient relationship. The purpose of this presentation is to alert the physician to new criteria, imposed by the court, for acceptance of Expert Testimony. Prior to March 23, 1999, expert witness testimony fell into three categories, Scientific, technical, and other specialized knowledge. Scientific knowledge included the conclusions that could be subjected to analysis of a statistical nature, or could be validated by methodology such as epidemiologic criteria. Technical knowledge was based on factors such as mechanical or stress analysis utilized in engineering. Other "specialized knowledge" could be based on experiential data and information not necessarily subject to epidemiologic or other scientific analysis. Therefore, the physician presented his reasoning often based on years of professional practice and publication in journals of clinical practice. On March 23rd 1999, the Supreme Court of the United States changed the criteria for all categories stating that there is "no relevant distinction between 'scientific' knowledge' and 'technical' or 'other specialized knowledge' in Federal Rule of Evidence 702. This momentous decision [Kumho Tire Co. v. Carmichael, (97-1709), 131 F.3d 1433) reversed.] referred back to a previous case [Daubert v. Merrell Dow Pharmaceuticals Inc., 509 US. 579,589], which established four criteria based on methods of analysis for t he courts, and was now extended for all expert evidence. Thus the area of expert witness evidence was changed by this momentous act placing the judge as arbiter of all expert evidence, including that of the physician. This paper will offer a brief review and an analysis of the significance of this for the professional involved in the legal system as an expert witness.

Presidential Control of High Courts in Latin America: A Long-term View (1904-2006 Control presidencial de las cortes supremas en América Latina. Una mirada histórica (1904-2006

Directory of Open Access Journals (Sweden)

Aníbal Pérez-Liñán

2009-07-01

Full Text Available In many Latin American countries the executive branch manipulatesthe composition of the Supreme Court, and judicial independence hasremained elusive. Because high courts can exercise judicial review and influencelower courts, incoming presidents often force the resignation of adversarialjustices or “pack” the courts with friends. One indicator of this problemhas been the high turnover among members of the high courts. In thispaper we offer systematic evidence to compare this problem across countriesand to place this issue in historical perspective. Our analysis covers 11Latin American countries (Argentina, Brazil, Chile, Colombia, Costa Rica, ElSalvador, Guatemala, Honduras, Mexico, Panama, and Uruguay between1904 and 2006. We model the entrance of new justices to the SupremeCourt as a function of “natural” (legal and biological factors, political conditionsempowering the president to reshuffle the Court, and institutionalincentives promoting executive encroachment on the judiciary. En muchos países de América Latina el poder ejecutivo manipulala composición de la Corte Suprema, y por ende la independencia del poderjudicial ha resultado difícil de alcanzar. Debido a que las cortes supremaspueden ejercer el control de constitucionalidad e influir en las cortes inferiores,los presidentes entrantes a menudo han forzado la renuncia de jueces adversoso han aumentado el número de miembros en la corte para nombrar a juecesamigos. Un indicador de este problema ha sido la alta tasa de recambio de losmiembros en las cortes. En este trabajo ofrecemos evidencia sistemática paracomparar este problema entre los países así como también para tratar el temadesde una perspectiva histórica. El análisis abarca 11 países de América Latina(Argentina, Brasil, Chile, Colombia, Costa Rica, El Salvador, Guatemala,Honduras, México, Panamá y Uruguay entre 1904 y 2006. Modelamos laentrada de un nuevo juez a la Corte Suprema como resultado de factores�

Applying the Case Management CourTools: Finding from an Urban Trial Court

Directory of Open Access Journals (Sweden)

Collins E. Ijoma

2012-06-01

Full Text Available The National Center for State Courts (NCSC recently promulgated 10 trial court performance measures, referred to as CourTools. Measures 2, 3, 4, and 5 provide a methodology by which court managers can examine their management and processing of cases. The measures include clearance rate (measure 2, time to disposition (measure 3, age of active pending caseload (measure 4, and trial date certainty (measure 5. The objective of this research was threefold. The first aim was to assess the viability of using the case management measures to examine case processing trends in a New Jersey (NJ urban trial court. Each measure was reviewed to determine the tool’s applicability to the criminal division of the court. The second objective (pursued as a parallel to the first was to present the findings in the same context as the CourTools’ framework to determine its practicality. The final goal was to serve as a platform for other courts on the national and international level that do not yet use performance measures. These courts, diverse as they are, may use the methodologies and findings of this case study as a reference and guide to develop their own program to measure the court’s productivity and efficiency. To that end, this case study sought to answer the following questions in determining the applicability of the CourTools to the selected court and by extension, its potential for more universal application to other court systems. First, what is the relevance of measurements to the courts and why is it important, if at all? Second, what are the CourTools? Third, can the measurement model be applied to an actual court and if so, how is it executed and illustrated in practice? Finally, what are the implications of the findings for the court in question, as well as, other courts that seek to incorporate the CourTools to measure performance?

High speed high stakes scoring rule: assessing the performance of a new scoring rule for digital asssesment

NARCIS (Netherlands)

Klinkenberg, S.; Kalz, M.; Ras, E.

2014-01-01

In this paper we will present the results of a three year subsidized research project investigating the performance of a new scoring rule for digital assessment. The scoring rule incorporates response time and accuracy in an adaptive environment. The project aimed to assess the validity and

Рarticular criminalistic methods of court hearing in criminal proceedings: essence and goals

Directory of Open Access Journals (Sweden)

В. І. Алєксєйчук

2015-11-01

information provided by the parties and obtained during the court hearing; 4 providing of high-quality verifying of evidences (including identifying of disadvantages, mistakes, violations while collecting, their unreliability; 5 facilitating of analysis of the provided versions (prosecution and defense and formulation (and checking of court versions; 6 promoting of determination (proof of guilt (or innocence of an accused person and imposition of a fair and optimal penalty for a guilty person; 7 promoting of finding out the cause of changing situations of court investigation and taking them into account while using of typical actions programs. Particular criminalistic methods of court hearing in criminal proceeding can be defined as a system of scientific concepts and scientific and practical guidelines for maintenance of activity of the parties of criminal proceedings and the court during the court hearing according to the certain types (categories of crimes aimed at research, checking and estimation of provided evidences, finding out the causes of differences in available information, determination (proof of guilt (or innocence of an accused person and imposition of a fair and optimal penalty for a guilty person. Definition of specific nature of particular criminalistic methods of court hearing of criminal cases is one of the arguments in grounding of need of their development as an individual complex of means of criminalistic tools and a step to creation of unified approaches in their formation.

Exploring mental health and substance use treatment needs of commercially sexually exploited youth participating in a specialty juvenile court.

Science.gov (United States)

Cook, Mekeila C; Barnert, Elizabeth; Ijadi-Maghsoodi, Roya; Ports, Kayleen; Bath, Eraka

2018-03-20

The study sought to: 1) describe the mental health and substance use profiles among participants of a specialty trafficking court program (the Succeed Though Achievement and Resilience Court); 2) describe youths' mental health and substance use treatment prior to participating in the program; and 3) examine whether abuse influences report of mental health problems and/or substance use. Retrospective case review of court files was performed on commercially sexually exploited youth who volunteered to participate in the court from 2012 to 2014 (N = 184). All participants were female. Mental health problems and report of substance use was high among this population. Substance use differed at statistically significant levels between youth with a documented abuse history compared to those with no abuse history. Substance use also differed by report of mental health problems. Unexpected findings included the high rate of hospitalization for mental health problems and relatively low substance use treatment prior to STAR Court participation. Opportunities for improvement in critical points of contact to identify commercially sexually exploited youth and address their health needs are discussed.

Confinement Can Violate Momentum Sum Rule in QCD at High Energy Colliders

OpenAIRE

Nayak, Gouranga C

2018-01-01

Momentum sum rule in QCD is widely used at high energy colliders. Although the exact form of the confinement potential energy is not known but the confinement potential energy at large distance $r$ can not rise slower than ${\\rm ln}(r)$. In this paper we find that if the confinement potential energy at large distance $r$ rises linearly with $r$ (or faster) then the momentum sum rule in QCD is violated at the high energy colliders.

Juvenile mental health courts for adjudicated youth: role implications for child and adolescent psychiatric mental health nurses.

Science.gov (United States)

Burriss, F Antoinette; Breland-Noble, Alfiee M; Webster, Joe L; Soto, Jose A

2011-05-01

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.

22 CFR 19.6-2 - Qualifying court order.

Science.gov (United States)

2010-04-01

... principal's Foreign Service retirement benefit or survivor benefit. If a court directs or implies that a... Foreign Relations DEPARTMENT OF STATE PERSONNEL BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN... the Secretary of State. A qualifying court order must— (1) Be consistent with the terms of the Act and...

Supreme Court Review

Science.gov (United States)

Williams, Charles F.

2009-01-01

By the end of the 2008-2009 term, Justice David Souter's decision to return to New Hampshire and President Obama's nomination of Sonia Sotomayor to replace him on the bench had taken over the Supreme Court news cycle. In the end, the consensus has been that, with the possible exception of criminal justice issues, swapping out Souter for Sotomayor…

Superior Administrative Court Baden-Wuerttemberg. Judgement of March 30, 1982 (Wyhl)

International Nuclear Information System (INIS)

Anon.

1983-01-01

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. (CB) [de

Advance Health Care Directives and “Public Guardian”: The Italian Supreme Court Requests the Status of Current and Not Future Inability

Directory of Open Access Journals (Sweden)

Francesco Paolo Busardò

2014-01-01

Full Text Available Advance health care decisions animate an intense debate in several European countries, which started more than 20 years ago in the USA and led to the adoption of different rules, based on the diverse legal, sociocultural and philosophical traditions of each society. In Italy, the controversial issue of advance directives and end of life’s rights, in the absence of a clear and comprehensive legislation, has been over time a subject of interest of the Supreme Court. Since 2004 a law introduced the “Public Guardian,” aiming to provide an instrument of assistance to the person lacking in autonomy because of an illness or incapacity. Recently, this critical issue has once again been brought to the interest of the Supreme Court, which passed a judgment trying to clarify the legislative application of the appointment of the Guardian in the field of advance directives.

Design and implementation of a caustic flooding EOR pilot at Court Bakken heavy oil reservoir

Energy Technology Data Exchange (ETDEWEB)

Xie, J.; Chung, B.; Leung, L. [Society of Petroleum Engineers, Canadian Section, Calgary, AB (Canada)]|[Nexen Inc., Calgary, AB (Canada)

2008-10-15

Successful waterflooding has been ongoing since 1988 at the Court Bakken heavy oil field in west central Saskatchewan. There are currently 20 injectors and 28 active oil producers in the Court main unit which is owned by Nexen and Pengrowth. The Court pool has an estimated 103.8 mmbbl of original oil in place (OOIP), of which 24 per cent has been successfully recovered after 20 years of waterflooding. A high-level enhanced oil recovery (EOR) screening study was conducted to evaluate other EOR technologies for a heavy oil reservoir of this viscosity range (17 degrees API). Laboratory studies showed that caustic flooding may enhance oil recovery after waterflooding at the Court Bakken heavy oil pool. A single well test demonstrated that caustic injection effectively reduced residual oil saturation. A sector model reservoir simulation revealed that caustic flood could achieve 9 per cent incremental oil recovery in the pilot area. Following the promising laboratory results, a successful caustic flood pilot was implemented at Court heavy oil pool where the major challenges encountered were low reservoir pressure and water channeling. 6 refs., 2 tabs., 6 figs.

Mental health courts and their selection processes: modeling variation for consistency.

Science.gov (United States)

Wolff, Nancy; Fabrikant, Nicole; Belenko, Steven

2011-10-01

Admission into mental health courts is based on a complicated and often variable decision-making process that involves multiple parties representing different expertise and interests. To the extent that eligibility criteria of mental health courts are more suggestive than deterministic, selection bias can be expected. Very little research has focused on the selection processes underpinning problem-solving courts even though such processes may dominate the performance of these interventions. This article describes a qualitative study designed to deconstruct the selection and admission processes of mental health courts. In this article, we describe a multi-stage, complex process for screening and admitting clients into mental health courts. The selection filtering model that is described has three eligibility screening stages: initial, assessment, and evaluation. The results of this study suggest that clients selected by mental health courts are shaped by the formal and informal selection criteria, as well as by the local treatment system.

The International Criminal Court at the crossroads

Directory of Open Access Journals (Sweden)

Abdelwahab Biad

2010-05-01

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.

Money Matters: Cost-Effectiveness of Juvenile Drug Court with and without Evidence-Based Treatments

Science.gov (United States)

Sheidow, Ashli J.; Jayawardhana, Jayani; Bradford, W. David; Henggeler, Scott W.; Shapiro, Steven B.

2012-01-01

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…

Text Mining of Supreme Administrative Court Jurisdictions

OpenAIRE

Feinerer, Ingo; Hornik, Kurt

2007-01-01

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

9 CFR 205.211 - Applicability of court decisions under the UCC.

Science.gov (United States)

2010-01-01

... OF FARM PRODUCTS Interpretive Opinions § 205.211 Applicability of court decisions under the UCC. (a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Applicability of court decisions under...

Sources of International Courts' Legitimacy: A comparative study

DEFF Research Database (Denmark)

Godzimirska, Zuzanna; Creamer, Cosette

Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the 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 supply-side factors— the features, roles and practices of a court—in assessing its legitimacy, we argue that demand-side factors—namely the characteristics of the evaluating state—also largely determine the sources of an IC’s legitimacy. To support and illustrate this argument, we examine statements...... 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...

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

Directory of Open Access Journals (Sweden)

Wayne Stewart Martin

2014-12-01

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

The Modernization of the Audit Courts of Brazil: PROMOEX deployment assessment in Audit Courts subnational

Directory of Open Access Journals (Sweden)

Diones Gomes da Rocha

2017-09-01

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.

IsTeen Court effective for repeat offenders? A test of the restorative justice approach.

Science.gov (United States)

Forgays, Deborah Kirby; DeMilio, Lisa

2005-02-01

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.

Punishing Genocide: A Comparative Empirical Analysis of Sentencing Laws and Practices at the International Criminal Tribunal for Rwanda (ICTR, Rwandan Domestic Courts, and Gacaca Courts

Directory of Open Access Journals (Sweden)

Barbora Hola

2016-12-01

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.

Use of a Recursive-Rule eXtraction algorithm with J48graft to achieve highly accurate and concise rule extraction from a large breast cancer dataset

Directory of Open Access Journals (Sweden)

Yoichi Hayashi

Full Text Available To assist physicians in the diagnosis of breast cancer and thereby improve survival, a highly accurate computer-aided diagnostic system is necessary. Although various machine learning and data mining approaches have been devised to increase diagnostic accuracy, most current methods are inadequate. The recently developed Recursive-Rule eXtraction (Re-RX algorithm provides a hierarchical, recursive consideration of discrete variables prior to analysis of continuous data, and can generate classification rules that have been trained on the basis of both discrete and continuous attributes. The objective of this study was to extract highly accurate, concise, and interpretable classification rules for diagnosis using the Re-RX algorithm with J48graft, a class for generating a grafted C4.5 decision tree. We used the Wisconsin Breast Cancer Dataset (WBCD. Nine research groups provided 10 kinds of highly accurate concrete classification rules for the WBCD. We compared the accuracy and characteristics of the rule set for the WBCD generated using the Re-RX algorithm with J48graft with five rule sets obtained using 10-fold cross validation (CV. We trained the WBCD using the Re-RX algorithm with J48graft and the average classification accuracies of 10 runs of 10-fold CV for the training and test datasets, the number of extracted rules, and the average number of antecedents for the WBCD. Compared with other rule extraction algorithms, the Re-RX algorithm with J48graft resulted in a lower average number of rules for diagnosing breast cancer, which is a substantial advantage. It also provided the lowest average number of antecedents per rule. These features are expected to greatly aid physicians in making accurate and concise diagnoses for patients with breast cancer. Keywords: Breast cancer diagnosis, Rule extraction, Re-RX algorithm, J48graft, C4.5

The courts in Renaissance Italy

Directory of Open Access Journals (Sweden)

Beatrice Del Bo

2011-09-01

Full Text Available This review article offers a brief introduction to the issue of the courts in Renaissance Italy along with a selective description of bibliographic sources and electronic resources.

legal pluralism, sharia courts, and constitutional issues in ethiopia

African Journals Online (AJOL)

eliasn

of sharia courts. These laws include the Proclamation to Consolidate Federal. Courts of ... This is found in the statement of the Prophet: 'leave the ...... some support (which may be financial or enforcement).81 To this end, the state may, as in ...

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

Science.gov (United States)

Arthur, James; Holdsworth, Michael

2012-01-01

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

Court-based participatory research: collaborating with the justice system to enhance sexual health services for vulnerable women in the United States.

Science.gov (United States)

Roth, Alexis; Fortenberry, J Dennis; Van Der Pol, Barbara; Rosenberger, Joshua; Dodge, Brian; Arno, Janet; Waters, Janine; Certo, David; Reece, Michael

2012-11-01

Although jail screening programs have an important role in the diagnosis and treatment of sexually transmissible infections (STI) and HIV among incarcerated individuals, many arrestees are not screened before release. Justice-involved women are at particularly high risk for these conditions because of individual risk behaviour as well as other network-level risk factors. Court-based programs could provide a critical bridge between these women, STI risk counselling and health services. This formative study explored the features of a program that would encourage STI testing among court-involved women. Further, we describe how community-based participatory research principles were adapted for use in a court setting and the resulting justice-public health partnership. Using semistructured interviews and focus group discussions, we explored issues related to health-seeking behaviours, perceived gaps in services for high-risk women and the components of a court-based screening program. Six focus groups were conducted with women with a history of commercial sex work and staff from the court, as well as local organisations providing HIV and social support services for high-risk women. Community-based participatory research (CBPR) principles facilitated development of relevant research questions and equitable processes, and assisted partners to consider individual and sociostructural sources of health disparities. Although not every principle was applicable in a court setting, the CBPR framework was helpful for building cohesion and support for the project. We provide a description of how CBPR principles were operationalised, describe the key lessons learned and discuss the implications for CBPR projects in a community court.

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

Directory of Open Access Journals (Sweden)

Simović Miodrag N.

2014-01-01

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

Legal remedies in the proceedings before the Court of Justice of the European Union

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2014-01-01

Full Text Available Legal remedies applied in the proceedings before the Court of Justice of the European Union have some distinctive features as compared to the legal remedies used in the national judicial systems. At first, the communitarian justice system originally did not envisage the possibility of filing an appeal with this Court as a regular legal remedy but there were other remedies that could be pursued in respect of the judgments issued by the Court. After the establishment of the Court of First Instance, the Procedural Law of the European Union introduced the possibility of filing an appeal with the Court of Justice against the judgments of the Court of First Instance. Later, the Court of First Instance became competent to decide on appeals against the judgments rendered by the judicial panels, which were established in the meantime. The Court of First Instance and judicial panels reserved the possibility of using other legal remedies against the final decisions rendered by these judicial authorities. In this respect, the Lisbon Treaty did not bring any significant changes, except that the Court of First Instance was renamed into the General Court whereas the judicial panels were designated as specialized courts. Taking into account the system of legal remedies recognized by the Procedural Law of the European Union, the first part of the paper deals with appeals as a regular legal instrument for bringing the case before a higher instance court which is to review the judgment of a lower instance court, including appeals against the decisions of the General Court and specialized courts. In the second part of the paper, the authors focus on the legal remedies which are awarded by the same court that issued the judgment. This category includes the application of a third party and revision, which may be considered as extraordinary legal remedies, as well as the objection against the judgment by default, judgment interpretation, judgment rectification and

The Supreme Court's Role in Defining the Jurisdiction of Military Courts: A Study and Proposal

National Research Council Canada - National Science Library

Baldrate, Brian C

2005-01-01

.... Rather than creating a consistent precedent, the Court's decisions have led to arbitrary results and an increased uncertainty about whether the military commissions at Guantanamo Bay, Cuba, are constitutional...

Court Orders Citadel to Admit Women, but Provides Escape Clause.

Science.gov (United States)

Jaschik, Scott

1995-01-01

A highly divided federal appeals court has ordered that South Carolina allow a woman to enter the Citadel, an all-male military college, unless it establishes a comparable program for women or allows the Citadel to become a private institution. Litigation arose over the Citadel's rejection of a woman applicant. (MSE)

Treatment as Part of Drug Court: The Impact on Graduation Rates

Science.gov (United States)

Taxman, Faye S.; Bouffard, Jeffrey A.

2005-01-01

Drug treatment is one of the critical components of drug court programming, yet it has not been thoroughly studied in the drug court literature. Very little is understood about the nature of drug treatment services provided in the drug court setting. The purpose of this study was to examine the effects of selected treatment variables on drug court…

Finding Vredo: the Dutch Supreme Court decision on escitalopram

NARCIS (Netherlands)

Tsoutsanis, A.

2014-01-01

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

Reviewing the National Courts in Creating Orderly International Law and Community

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Johanis Leatemia

2017-08-01

Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts().

Science.gov (United States)

Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

2013-01-01

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes.

On the burden of proof in civil procedure

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Keča Ranko

2013-01-01

Full Text Available The appliance of burden of proof rules is conceived of assumption that evidences are taken and that court didn't reach the required degree of conviction of a particular fact, what implies limitation of application of these rules on proceedings in which the judgment is rendered after the plenary proceedings. The Code of Civil Procedure (CCP has no suitable answers for the problems arising from new conception of the principle of party control of facts and means of proof in Serbian litigation legislature, by which the court has no more power to take the evidence ex offo. There is no answer to the question how should court conduct when evidence is not taken because of a lack of parties' indication of the means of proof. In this case courts practice somehow wider conception of burden of proof rules, which however has no explicit legal ground. They are applying them even though evidences are not taken. In any case it would be useful to reformulate basic rule of burden of proof in manner which would correspondent to the new conception of the principle of party presentation. The rule of burden of proof applies when the high degree of conviction of facts is demanded from the court, in order to render the judgment. Consequently this rule loses its' sense when mere probability of factual findings is demanded. The broader conception of parties' representation principle however does not liberate court from his responsibility to clarify facts that should be base for adjudication. Circumstance that CCP does mention the principle of material truth anymore should not be seen as argument for liberation of mentioned responsibility. It is still expected from the court to be active. Only when joint effort of the court and parties is left without of goal, in sense that court doesn't reach the high degree conviction, there would be ground for burden of proof rule's application. In this situation court also must justify why he couldn't reach required degree of

A high-level language for rule-based modelling.

Science.gov (United States)

Pedersen, Michael; Phillips, Andrew; Plotkin, Gordon D

2015-01-01

Rule-based languages such as Kappa excel in their support for handling the combinatorial complexities prevalent in many biological systems, including signalling pathways. But Kappa provides little structure for organising rules, and large models can therefore be hard to read and maintain. This paper introduces a high-level, modular extension of Kappa called LBS-κ. We demonstrate the constructs of the language through examples and three case studies: a chemotaxis switch ring, a MAPK cascade, and an insulin signalling pathway. We then provide a formal definition of LBS-κ through an abstract syntax and a translation to plain Kappa. The translation is implemented in a compiler tool which is available as a web application. We finally demonstrate how to increase the expressivity of LBS-κ through embedded scripts in a general-purpose programming language, a technique which we view as generally applicable to other domain specific languages.

USTC & TBA Guidelines for Tennis Court & Running Track Construction.

Science.gov (United States)

United States Tennis Court & Track Builders Association.

Guidelines are presented on tennis court and track and field construction that reflect the latest developments in construction technology, methodology, and practice. Based on contributions from experienced certified tennis court and track builders, material suppliers and design professionals, this manual examines each of the critical areas of…

Abused and Neglected Children in Court: Knowledge and Attitudes

Science.gov (United States)

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

2010-01-01

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

20 CFR 405.515 - Application of circuit court law.

Science.gov (United States)

2010-04-01

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

The Problem of Emergency in the American Supreme Court

DEFF Research Database (Denmark)

Ugilt, Rasmus; Hartz, Emily

2011-01-01

Sixty years before Carl Schmitt wrote his Political Theology, and more than a 100 years before President Bush announced a ‘war on terrorism’ the American Supreme Court grappled with the difficult issue of emergency powers in connection with issues arising out of the American Civil War (1861......–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...

Good Faith in Life Insurance Contract by Indonesian Court

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Mokhamad Khoirul Huda

2017-03-01

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.

The Control of Environment Management Through Administrative Court

Science.gov (United States)

Putrijanti, Aju

2018-02-01

Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment's lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government's decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by settle environment disputes based on the importance of environment. The administrative decisions in environment field may cause a loss or damage for the people. When the public officer did not put the appreciation to the reuse of environment and principle of good governance, it will become problems. The decision should be environmentally friendly. There should be certified judge to settle the dispute. The method of this research by examines the Judge's verdict in environment disputes, and its relation with regulations and the newest issues. The conclusion is increase the role of the Administrative Court to maintain the environment by law enforcement through settle environment disputes.

Adaptive Interventions in Drug Court: A Pilot Experiment

Science.gov (United States)

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

2009-01-01

This pilot study (N = 30) experimentally examined the effects of an adaptive intervention in an adult misdemeanor drug court. The adaptive algorithm adjusted the frequency of judicial status hearings and clinical case-management sessions according to pre-specified criteria in response to participants' ongoing performance in the program. Results revealed the adaptive algorithm was acceptable to both clients and staff, feasible to implement with greater than 85% fidelity, and showed promise for eliciting clinically meaningful improvements in drug abstinence and graduation rates. Estimated effect sizes ranged from 0.40 to 0.60 across various dependent measures. Compared to drug court as-usual, participants in the adaptive condition were more likely to receive responses from the drug court team for inadequate performance in the program and received those responses after a substantially shorter period of time. This suggests the adaptive algorithm may have more readily focused the drug court team's attention on poorly-performing individuals, thus allowing the team to “nip problems in the bud” before they developed too fully. These preliminary data justify additional research evaluating the effects of the adaptive algorithm in a fully powered experimental trial. PMID:19724664

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

Science.gov (United States)

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

2016-09-01

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

The gloss to the Court of Justice of the European Union judgment dated 16th of November 2017 in case Kozuba Premium Selection Sp. z o.o. (limited liability company versus Director of Tax Chamber in Warsaw (Poland, C-308/16

Directory of Open Access Journals (Sweden)

Joanna Koziollek

2018-03-01

Full Text Available The voting judgment of the Court of Justice of the European Union concerns the interpretation of the concept of first settlement in the European Union tax law as well as the possibility of introducing limitations of this concept in national laws. The subject of the CJEU judgment issued in connection with the question asked by the Polish Supreme Administrative Court, bearing in mind the specificity of preliminary rulings, is not the interpretation of factual issues that were raised before the national court or even more the settlement of possible differences resulting from the understanding of internal laws of the member states. The answer given by the CJEU, as well as the argumentation adopted by this Court, allows to make important findings regarding the proper implementation of the provisions of Directive 112 into the Polish legal system, and consequently to clarify existing doubts regarding the concept of first settlement.

The Supreme Federal Court of Brazil and the law of oil; O Supremo Tribunal Federal e a Lei do petroleo

Energy Technology Data Exchange (ETDEWEB)

Reis, Marcio Monteiro

2008-07-01

The following paper aims to analyze the local oil legal framework and the Brazilian Federal Supreme Court ('STF') footprint pursuant Constitutional Amendment n. 5. Such Amendment allowed local and international companies to act in the Brazilian oil market. This paper also analyses Law 9.478, which created the National Oil Agency ('ANP') with great innovations to the market. Therefore, a historic timeline comparing the enactment of such rules 'vis-a-vis' certain issues raised before STF through Direct Actions of Unconstitutionality will be presented (author)

Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

Science.gov (United States)

Norris, Michael; Twill, Sarah; Kim, Chigon

2011-01-01

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

Interpretative decisions in the practice of the Constitutional Court of Serbia

Directory of Open Access Journals (Sweden)

Rajić Nataša

2014-01-01

Full Text Available The relationship between the Constitutional Court and Parliament is marked by envolving process. The desired balance between these two state bodies was gradually disturbed by the Constitutional Court. Consequently, the substrate of the constitutional function originally designed as a function of 'negative legislator' is also changed in that process. Interpretative decision is one of the model of the activity of the Constitutional Court which makes questionable the position of the Parliament as a state body which regulates social relations in original form. Interpretative decision is an specific form of rejected decisions that contains binding instruction regading the interpretation of the norm, as a condition. This interpretation is given by Constitutional Court in order to make the norm in accordance with the Constitution. By the analysis of the practice of the Constitutional Court of Serbia, the paper has a task to determine wheter, to what extend and in what form the interpretative decisions occur in the work of the Court as well as to determine is there a clear constitutional base for establishing the jurisdiction of their adoption in our legal system.

The Court of Auditors has pinpointed 'renewables' for a long time

International Nuclear Information System (INIS)

Gay, Michel

2014-01-01

The author outlines that the French Court of Auditors (Cour des Comptes) has already highlighted the cost increase of renewable energies in 2011, notably for photovoltaic energy. He recalls different reports and decisions issued by the Senate, public bodies and the government on the increase of energy prices. The author states that there is no justification for the development of renewable energies in France as the French production emits hardly any CO 2 . He notices that phasing out nuclear in Germany had a negative consequence on greenhouse gas emissions as Germany had to import high quantities of coal. He outlines several issues highlighted by the Court's analysis: objectives of renewable electricity production are not reached, governments lack a clear strategy, lack of tax control, lack of expertise on costs, lack of statistical follow-up, insufficiently assessed economic impact, bad use of the tender procedure, intermittency management to be adjusted, construction and funding of new electricity lines which are facing acceptability problems. He finally outlines that the Court of Auditors has stated in 2014 that the energy-climate package does not respond to initial objectives such as supply security, competitiveness preservation, management of greenhouse gas emissions

Hybrid tree-rule firewall for high speed data transmission

NARCIS (Netherlands)

Chomsiri, Thawatchai; He, Xiangjian; Nanda, Priyadarsi; Tan, Zhiyuan

2017-01-01

Traditional firewalls employ listed rules in both configuration and process phases to regulate network traffic. However, configuring a firewall with listed rules may create rule conflicts, and slows down the firewall. To overcome this problem, we have proposed a Tree-rule firewall in our previous

Profiling high-frequency accident locations using association rules

OpenAIRE

GEURTS, Karolien; WETS, Geert; BRIJS, Tom; VANHOOF, Koen

2003-01-01

In Belgium, traffic safety is currently one of the government's highest priorities. Identifying and profiling black spots and black zones in terms of accident related data and location characteristics must provide new insights into the complexity and causes of road accidents, which, in ram, provide valuable input for government actions. In this paper, association rules are used to identify accident circumstances that frequently occur together at high frequency accident locations. Furthermore...

Japan’s Supreme Court Discourse and Lifetime Employment

DEFF Research Database (Denmark)

Tackney, Charles T.; Sato, Toyoko

to employee participation in managerial prerogative. The comparative social policy aim is to examine and account for observed employment relations variance in the U.S. and Japan, given their similar labor legislation. Japan’s Supreme Court recognizes lifetime employment as an institutionalized practice and we......Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach...... on the Court's discourse. Causally related to this recognition, management councils (a form of employee participation in managerial prerogative) are also a defining feature of Japanese employment relations at the enterprise level. Despite unionization rate declines in both nations, the persistence of Japan...

Court Appointed Volunteers for Abused and Neglected Children.

Science.gov (United States)

Justin, Renate G.

2002-02-01

A court appointed special advocate (CASA) volunteer is a trained citizen who is appointed by a judge to represent the best interests of an abused and neglected child in court. An independent voice, the volunteer gathers information and reports to the court. The CASA volunteer works in close cooperation with other professionals, physicians, lawyers, social workers, and teachers to find the most suitable permanent placement for a victimized child, whether it be a foster home, parental home, or adoptive home. Another function for CASA volunteers is to be supportive to the child during a time of uncertainty in his or her life and to help the youngster adjust to new and changing situations; the CASA volunteer may be the only consistent adult presence during this difficult period of transition.

22 CFR 19.6 - Court orders and divorce decrees.

Science.gov (United States)

2010-04-01

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

8 CFR 337.8 - Oath administered by the courts.

Science.gov (United States)

2010-01-01

... Form N-646, that the applicant has been determined by the Attorney General to be eligible for admission... ALLEGIANCE § 337.8 Oath administered by the courts. (a) Notification of election. An applicant for... election to have the oath of allegiance administered in an appropriate court having jurisdiction over the...

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

Science.gov (United States)

2010-04-01

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

O STF e a regulação dos meios de comunicação social: a metalinguagem adotada pela Corte na decisão da ADPF 130/DF / The Federal Supreme Court and the regulation of the social media: the metalanguage adopted by the court in the decision of the ADPF 130/DF

Directory of Open Access Journals (Sweden)

Oona de Oliveira Cajú

2017-04-01

Full Text Available Purpose – This article analyzes the votes uttered by the Federal Supreme Court justices at the trial of ADPF 130/DF, in which it was denied value to the Press Law. It also tackles the reasoning behind the Court’s decision, which clarifies its conception of regulation of the social media. Methodology/approach/design – The first section of the article presents the most influent theoretical paradigms on the social media regulation. The second section confronts them with votes presented at the trial of the ADPF 130/DF and extract the guiding conceptual syntheses of the justices, identifying the regulatory paradigm of communicational field to which they align themselves. Findings – It was possible to identify that the libertarian paradigm of free flow of informartion is the predominant mindset guiding the rulings concerning social media in the Federal Supreme Court.

Parent Group Training Programs in Juvenile Courts: A National Survey

Science.gov (United States)

Windell, James O.; Windell, Ellen A.

1977-01-01

This survey of juvenile courts across the country indicates that only one of five courts have a parent group program and few use procedures reported in the growing literature relating to changing the behavior of agressive children. (Author)

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

Directory of Open Access Journals (Sweden)

Ernst Jacobus Marais

2016-08-01

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

Profiling high frequency accident locations using associations rules

OpenAIRE

GEURTS, Karolien; WETS, Geert; BRIJS, Tom; VANHOOF, Koen

2002-01-01

In Belgium, traffic safety is currently one of the government’s highest priorities. Identifying and profiling black spots and black zones in terms of accident related data and location characteristics must provide new insights into the complexity and causes of road accidents which, in turn, provide valuable input for government actions. In this paper, association rules are used to identify accident circumstances that frequently occur together at high frequency accident locations. Furthermore,...

On appointment of Courts presidents - some open questions

Directory of Open Access Journals (Sweden)

Mijo Galiot

2014-01-01

Full Text Available In their paper, the authors analyse the legal position of the judiciary within the framework of the separation of powers in the Republic of Croatia, as well as the procedure of the election of the members and president, and the scope and manner of operation of the State Judiciary Council on a principal level. The authors especially deal with and analyse the 2010 constitutional changes and the State Judiciary Council Act from 2010 (SJCA, which introduced significant novelties in the appointment of presidents of courts in the normative and institutional sense as well as in practical applications. Separately, an integral historical overview is given of the appointment of presidents of courts from the gaining of Croatian independency until the SJCA became effective, as well as a comparative overview of the manner of appointment of presidents of courts in elected, related European legal systems. Moreover, the authors break down and analyse the procedures of the appointment of presidents of courts with a special reference to each phase. Here, special emphasis is given to the candidate valuation manner and criteria and the legal protection of candidates after the decision on appointment, both in the normative sense and in practice, all this accompanied by authors’ suggestions de lege ferenda.

Questions of legal responsibility for Srebrenica before the Dutch courts

NARCIS (Netherlands)

Spijkers, Otto

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

Improving Labour Courts in Mexico: The Case of Cuautitlan | IDRC ...

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

In a case study of a large court in Cuautitlan in the State of Mexico, ... Research results are also expected to inform the operations of other Mexican courts, as well as ... in the fields of science, technology, engineering, and mathematics (STEM).

Science and the rules governing anti-doping violations.

Science.gov (United States)

Bowers, Larry D

2010-01-01

The fight against the use of performance-enhancing drugs in sports has been in effect for nearly 90 years. The formation of the World Anti-Doping Agency in 1999 was a major event because an independent agency was entrusted with harmonization of the antidoping program. In addition to sports governing bodies, governments have endorsed WADA and its programs by signing a United Nations Education, Science, and Cultural Organization Convention on Doping. The first step in the harmonization process was the development of the World Anti-Doping Program. This program consisted of five documents - the Code, the International Standard for Testing, the International Standard for Laboratories, the Prohibited List, and the International Standard for Therapeutic Use Exemptions - which unified the approach of the international federations and national antidoping agencies in applying antidoping rules. For laboratory testing, the International Standard for Laboratories establishes the performance expectations for and competence of laboratories recognized by WADA, including accreditation under ISO/IEC 17025. The antidoping rules are adjudicated by arbitration using the internationally recognized Court of Arbitration for Sport.

The Constitutional Court Adjudication and Its Implications for the Justice Seekers

OpenAIRE

Sutiyoso, Bambang

2008-01-01

The Constitutional Court adjudication, as the nature of a court decision, implies the rights that the justice seekers will appreciate. It is unfortunate, however, that the appeal procedures for those who dissatisfied with such adjudication has yet to be issued, and this may produce the disadvantages for the purpose of affording justice. For such reason, the amendment on Procedures of the Constitutional Court, particularly in the appeal procedures, is very much needed.

Assisted Reproduction and the Courts: The Case of California

Science.gov (United States)

Maule, Linda S.; Schmid, Karen

2006-01-01

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

The European Court of Justice and the National Interests of the European Union’s Member States

Directory of Open Access Journals (Sweden)

Тетяна Комарова

2016-09-01

Full Text Available The article is devoted to the research of CJEU’s practice concerning the interpretation of national interests of the European Union’s Member States in resolving disputes submitted for its consideration. Analyzed decisions of the CJEU allows to trace its position on the matter and the evolution of practices regarding the balance between different interests – the interests of the Union and the States. Also in article there are analyzed actual problems of the modern European Union law (human rights, free enterprise, etc., its institutional system and direct the judicial authorities in the EU. For modern evolution of the EU it is highly important to have orientation not only on common interests of the EU but on interests of members states. In the late jurisprudence of the Court of Justice of the European Union there is a tendency of retreating from strict practice of favoring only to interests of the EU and interpreting interests of members states in order to find the balance between two types of interest especially after amendments of Lisbon treaty. In the context of this research it should be noted that the Court of Justice of the European Union during interpretation of national interests of member states uses the principle of self-restriction in interpretation of law. Herewith the Court quite flexible uses this principle and this leads to appearance of new highly important precedents.  It should be underlined that the Court has a negative to the application of acte claire doctrine because of some risk of been bound to act only in one direction without taking into consideration any possible changes of judicial practice in future. The conclusion is made that for the strengthening of European integration it is highly important not only the jurisprudence of the Court, but the activity of constitutional courts of member states and also their parliaments, which under Lisbon treaty got a lot of democratic competences. Exactly the cooperation of

Rules and routines in organizations and the management of safety rules

Energy Technology Data Exchange (ETDEWEB)

Weichbrodt, J. Ch.

2013-07-01

This thesis is concerned with the relationship between rules and routines in organizations and how the former can be used to steer the latter. Rules are understood as formal organizational artifacts, whereas organizational routines are collective patterns of action. While research on routines has been thriving, a clear understanding of how rules can be used to influence or control organizational routines (and vice-versa) is still lacking. This question is of particular relevance to safety rules in high-risk organizations, where the way in which organizational routines unfold can ultimately be a matter of life and death. In these organizations, an important and related issue is the balancing of standardization and flexibility – which, in the case of rules, takes the form of finding the right degree of formalization. In high-risk organizations, the question is how to adequately regulate actors’ routines in order to facilitate safe behavior, while at the same time leaving enough leeway for actors to make good decisions in abnormal situations. The railroads are regarded as high-risk industries and also rely heavily on formal rules. In this thesis, the Swiss Federal Railways (SBB) were therefore selected for a field study on rules and routines. The issues outlined so far are being tackled theoretically (paper 1), empirically (paper 2), and from a practitioner’s (i.e., rule maker’s) point of view (paper 3). In paper 1, the relationship between rules and routines is theoretically conceptualized, based on a literature review. Literature on organizational control and coordination, on rules in human factors and safety, and on organizational routines is combined. Three distinct roles (rule maker, rule supervisor, and rule follower) are outlined. Six propositions are developed regarding the necessary characteristics of both routines and rules, the respective influence of the three roles on the rule-routine relationship, and regarding organizational aspects such as

Rules and routines in organizations and the management of safety rules

International Nuclear Information System (INIS)

Weichbrodt, J. Ch.

2013-01-01

This thesis is concerned with the relationship between rules and routines in organizations and how the former can be used to steer the latter. Rules are understood as formal organizational artifacts, whereas organizational routines are collective patterns of action. While research on routines has been thriving, a clear understanding of how rules can be used to influence or control organizational routines (and vice-versa) is still lacking. This question is of particular relevance to safety rules in high-risk organizations, where the way in which organizational routines unfold can ultimately be a matter of life and death. In these organizations, an important and related issue is the balancing of standardization and flexibility – which, in the case of rules, takes the form of finding the right degree of formalization. In high-risk organizations, the question is how to adequately regulate actors’ routines in order to facilitate safe behavior, while at the same time leaving enough leeway for actors to make good decisions in abnormal situations. The railroads are regarded as high-risk industries and also rely heavily on formal rules. In this thesis, the Swiss Federal Railways (SBB) were therefore selected for a field study on rules and routines. The issues outlined so far are being tackled theoretically (paper 1), empirically (paper 2), and from a practitioner’s (i.e., rule maker’s) point of view (paper 3). In paper 1, the relationship between rules and routines is theoretically conceptualized, based on a literature review. Literature on organizational control and coordination, on rules in human factors and safety, and on organizational routines is combined. Three distinct roles (rule maker, rule supervisor, and rule follower) are outlined. Six propositions are developed regarding the necessary characteristics of both routines and rules, the respective influence of the three roles on the rule-routine relationship, and regarding organizational aspects such as

Press Law and Press Freedom for High School Publications: Court Cases and Related Decisions Discussing Free Expression Guarantees and Limitations for High School Students and Journalists. Contributions to the Study of Mass Media and Communications, Number 6.

Science.gov (United States)

Ingelhart, Louis E.

According to this reference manual, the nation's courts offer public high school journalists the same constitutional protection for expression, free speech, and free press as adults. Part 1 traces the development of the First and Fourth Amendments and explains how these provisions apply to high school publications. Part 2 examines expression that…

Principals' Leadership in Mexican Upper High Schools: The Paradoxes between Rules and Practices

Science.gov (United States)

Santizo Rodall, Claudia A.; Ortega Salazar, Sylvia B.

2018-01-01

This article discusses the type of organization and leadership that underlies a competency-based management rule established in Mexico (2008) applicable to principals in public upper high schools. This rule, identified as the 449 Agreement, describes competencies and communicates expected behavior. Implementation, however, is mediated by the…

Court-Annexed Mediation Practice in Malaysia: What the Future Holds

Directory of Open Access Journals (Sweden)

Choong Yeow Choy

2017-03-01

Full Text Available It is an indubitable fact that the use of mediation as a form of dispute resolution process has gained traction across the globe. More importantly, the practice of mediation has also been transformed through the establishment of several techniques for formalised mediation. This article will provide insights into one of these avenues for formalised mediation, namely, court-annexed mediation practice in Malaysia. It will first discuss the motivations that led to the introduction of such a programme. This will be followed by an analysis of the operational aspects of the practice. A matter of utmost importance concerns the role of the courts and the judiciary in court-annexed mediation and this aspect is considered in considerable detail. This article will then offer suggestions on how some of the challenges that exist and are inherent in this particular method of formalised mediation could be overcome. These views are expressed with the hope that court-annexed mediation can function as an effective alternative dispute resolution mechanism under the umbrella of the Malaysian courts. Last but not least, it is also hoped that the above deliberations will be a catalyst for further comparative research and debates concerning this increasingly imperative form of formalised mediation process across all jurisdictions.

Decision of the court as a result of the occurence, change, termination and adjustment of subjective civil liability (theoretical and practical aspects

Directory of Open Access Journals (Sweden)

В. В. Надьон

2017-12-01

Full Text Available One of the main reasons for the occurence, change, termination and adjustment of subjective civil responsibility is a legal fact. Under the legal fact in theory, the specific circumstances envisaged by the rules of law are understood, with the occurrence, change and termination of legal relations. Often, subjective civil rights and responsibilities arise from obligations (contractual, non-contractual, as well as from a unilateral transaction. However, the Civil Code of Ukraine (hereinafter the Civil Code of Ukraine provided for the possibility of civil rights and responsibilities arising from acts of civil law (Part 3 of Article 11 of the Civil Code of Ukraine, as well as in cases established by acts of civil law, civil rights and responsibilities may arise from a court decision (Part 5 of Article 11 of the Civil Code of Ukraine. Concerning this provision in practical activity there are problematic issues, namely the possibility of generating court decisions of obligations Thus, the purpose of the article is to analyze the occurance, change, termination and adjustment of subjective responsibility by a court decision. Subjective responsibility  arises in a commitment (contractual or non-contractual. In case of non-fulfillment or improper performance of a subjective responsibility by the debtor, the creditor has the right to apply to the court for the protection of his violated right. In this case, the subjective responsibility that arose in a contractual obligation turns into civil liability, and with the decision of the court a new category of subjective responsibility arises, ie the category of responsibility is combined with the category of civil- legal liability. Consequently, a court decision gives rise to a new subjective responsibility, which must be performed voluntarily or by force. Consequently, in the cases of voluntary fulfillment by the obligated person of the main and additional responsibility, the category of responsibility is

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

Science.gov (United States)

Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

2012-01-01

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes. PMID:23397430

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

Science.gov (United States)

Schmidt, Peter

2012-01-01

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

Judicial Separation and Divorce in the Circuit Court

OpenAIRE

O'Shea, Roisin

2014-01-01

While family law is not a unique subject matter for research, it is however, a much neglected area. What sets this work apart, is the significant volume of cases observed and analysed in the Circuit Court, in all 8 Circuits. Information was extrapolated to definitively answer the questions, that to date have been informed by anecdotal conjecture. The effects of a deep recession during the court research period, October 2008 to February 2012, highlighted the serious failings of an ...

National Court Remand Activity Data Collection

Data.gov (United States)

Social Security Administration — This dataset creates a collection of reports for the national total of court remand receipts, dispositions, and pending cases at the Office of Hearings Operations...

Clinical factors associated with rape victims' ability to testify in court ...

African Journals Online (AJOL)

This can be emotionally ... Keywords: Rape victims; Court referral; Psycho-legal assessment; Ability to testify in court; .... specifically been assessed and no psychometric intelligence .... abilities and self-esteem become compromised and their.

The Impact of Gender on the Processing of Probation Violations and Contempt: A Study of One Juvenile Court

Directory of Open Access Journals (Sweden)

M. Dyan McGuire

2013-12-01

Full Text Available There is substantial evidence to suggest that in at least some contexts juvenile court judges are circumventing the proscription contained in the Juvenile Justice and Delinquency Prevention Act (“JJDPA”, which prohibits the secure confinement of status offenders, by securely detaining status offenders for contempt.  Some evidence also indicates that gender may influence whether a juvenile is detained as a result of violating a valid court order.  This study seeks to expand existing research by examining what happens to court order violators beyond detention and by explicitly comparing the treatment of court order violators with the treatment of probation violators in terms of detention, adjudication and confinement to shed light on how gender influences these decision points.  While high rates of detention and commitment were uncovered, these results do not suggest that females were more likely to experience these consequences than males.

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

Directory of Open Access Journals (Sweden)

Mandeep K. Dhami

2013-09-01

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

The Effect of Urban Neighborhood Disorder on Evaluations of the Police and Courts

Science.gov (United States)

Sprott, Jane B.; Doob, Anthony N.

2009-01-01

Are people dissatisfied with the courts as well as the police when they perceive high levels of disorder in their neighborhoods? Consistent with previous research, this study, using a representative sample of Canadian adults, demonstrates that people are significantly more negative about the police when they perceive high levels of disorder. They…

Congressional Authority Over the Federal Courts

National Research Council Canada - National Science Library

Bazan, Elizabeth B; Killian, John; Thomas, Kenneth R

2005-01-01

.... 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...

Hardships of end-of-life care with court-appointed guardians.

Science.gov (United States)

Hastings, Kylie B

2014-02-01

In the United States, the court-appointed guardians do not have the ability to make decisions regarding end-of-life (EOL) care for their clients. Additionally, the process of initiating EOL care measures can be slow and cumbersome, despite an existing process of getting approval for such care. This process has the potential to prolong suffering and delay imperative decisions. This article reviews the hardships that patients, court-appointed guardians, and health care staff endure while moving through the oppressive process of obtaining EOL care orders through the court. This article also proposes ways of tuning up the laws, regulations, and communications to make it easier and faster to obtain orders regarding EOL care to preserve the dignity of our patients and loved ones. "A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults."

The impact of the fundamental right to life and physical integrity on the interpretation of rules of procedure relating to atomic energy laws

International Nuclear Information System (INIS)

Emmerich, V.; Hassemer, W.; Hohloch, G.; Ruland, F.; Schmidt, K.; Schulze-Osterloh, L.; Weber, H.

1980-01-01

The author comments on the decision of December 20, 1979 by the Federal Constitutional Court on the Muehlheim-Kaerlich reactor. The decision was also published in NZW 1980, 760. The essence of the decision is to be found in the representation of effects this fundamental right may have on administrative proceedings relating to atomic energy laws. Up to now, the guarantee concerning effective legal protection and the applications and interpretations of rules of procedure in conformity with this fundamental right has been restricted to legal proceedings. The Federal Constitutional Court draws conclusions from fundamental rights which concern the interpretation and application of regulations on the organization of administrative proceedings. (HSCH) [de

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

OpenAIRE

Alba Betancourt, Ana

2016-01-01

Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC). This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent a...

THE GORONTALO RELIGIOUS COURT JUDGES RESPONSE TOWARD THEIR ABSOLUTE COMPETENCE IN RESOLVING SHARIAH ECONOMY DISPUTES

Directory of Open Access Journals (Sweden)

Andi Mardiana

2015-06-01

Full Text Available Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and document reviews. The finding of this study revealed that the Gorontalo Religious Courts judges response well to trust laws in handling disputes Shariah economy. In other words, in principle, they are ready to handle disputes Islamic economics. Readiness, such as: the handling disputes Shariah economy is Religious Courts judges authorities and it is a professional responsibility as a judge; Religious Courts formed a special judge to handle falling out or cases of Shariah economy, and Religious Courts judges provides knowledge of Shariah economy without trainings or workshops.

Insights to Building a Succesful E-filing Case Management Service: U.S. Federal Court Experience

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J. Michael Greenwood

2012-06-01

Full Text Available The U.S. Federal Courts Case Management/Electronic Case Files (CM/ECF service is a very successful court automation system deployed throughout the country that integrated case management, electronic court case records and documents, and the electronic transmission and service of court records via the Internet. The authors briefly explain the history of automation development and indicators of success in these courts. The primary focus of the article is (a on what capabilities and functions should be integrated into any modern court electronic filing and case management service; and (b on insights as to key technical components, fundamental project guidelines, technical objectives, and non-technical principles and implementation techniques that were critical to achieving success. The ultimate CM/ECF goals that have been achieved are (1 that the entire U.S. federal court community (court, lawyers, government, public are comfortable in totally relying on this service, and (2 that CM/ECF is the official record eliminating the traditional paper record.

Women in Indian Courts of Law: A Study of Women Legal Professionals in the District Court of Lucknow, Uttar Pradesh, India

OpenAIRE

Mishra, Saurabh Kumar

2016-01-01

Men have traditionally dominated legal profession in India. Women’s entry could be possible only after long and protracted legal battles, and even then, their presence in the courts remained insignificant until the end of the twentieth century. However, the policy of globalisation in the twenty-first century has provided additional opportunities to Indian women in legal education and training. The invasion of modernity has not only moderated the court environment but has also put an end to th...

Multilingualism as a Principle of the EU Court of Justice

Directory of Open Access Journals (Sweden)

Karina Kh. Rekosh

2014-01-01

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

Pragmatics in Court Interpreting: Additions

DEFF Research Database (Denmark)

Jacobsen, Bente

2003-01-01

Danish court interpreters are expected to follow ethical guidelines, which instruct them to deliver exact verbatim versions of source texts. However, this requirement often clashes with the reality of the interpreting situation in the courtroom. This paper presents and discusses the findings of a...

Intercultural pragmatics and court interpreting

DEFF Research Database (Denmark)

Jacobsen, Bente

2008-01-01

  This paper reports on an on-going investigation of conversational implicature in triadic speech events: Interpreter-mediated questionings in criminal proceedings in Danish district courts. The languages involved are Danish and English, and the mode of interpreting is the consecutive mode. The c...

National New Court Cases Data Collection

Data.gov (United States)

Social Security Administration — This dataset creates a collection of reports for the national total of new court case (NCC) receipts, dispositions, and pending at the Appeals Council level in the...

20 CFR 405.510 - Claims remanded by a Federal court.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Claims remanded by a Federal court. 405.510 Section 405.510 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.510 Claims remanded by a Federal court. When a...

Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court

Directory of Open Access Journals (Sweden)

Iman Prihandono

2017-12-01

Full Text Available States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs. These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens

A pilot study on the undefined role of court interpreters in South Africa

African Journals Online (AJOL)

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.

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

Science.gov (United States)

Corvino, Matteo; Tessitore, Antonio; Minganti, Carlo; Sibila, Marko

2014-01-01

specific training methodologies have been developed in many sport games. Specific game exercises may provide a useful conditioning stimulus, together with technical and tactical training components. Changing court dimensions during small-sided handball games can be used to manipulate both external and internal loads on the players. The high ratio of cyclic activity per minute and the high HR values recorded during SSHGs make this type of drills extremely useful for aerobic power training. PMID:24790482

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

Science.gov (United States)

Corvino, Matteo; Tessitore, Antonio; Minganti, Carlo; Sibila, Marko

2014-05-01

specific training methodologies have been developed in many sport games.Specific game exercises may provide a useful conditioning stimulus, together with technical and tactical training components.Changing court dimensions during small-sided handball games can be used to manipulate both external and internal loads on the players.The high ratio of cyclic activity per minute and the high HR values recorded during SSHGs make this type of drills extremely useful for aerobic power training.

Stalking and compensation for existential damage. Some remarks starting from the sentences of the Court of Cassation (Supreme Court of November 11, 2008 - Le stalking et l’indemnisation du dommage existentiel. Quelques considérations suite aux jugements de la Cour de Cassation en Chambres Unies du 11 novembre 2008 - Stalking e risarcimento del danno esistenziale. Alcune considerazioni alla luce delle sentenze della Corte di Cassazione a Sezioni Unite dell’11 novembre 2008

Directory of Open Access Journals (Sweden)

Florio M.

2009-05-01

Full Text Available A few days ago, a regulation against stalking was introduced into the Italian system, inserting the art. 612 bis into the Italian penal code. The author considers the new set of rules, aiming to defend the stalking victim, and the prospects of compensation for damage to the person. Above all, puts more emphasis on the analysis of compensation for existential damage, which is now accepted to be repayable as a result of the important sentences of the Court of Cassation in 2008, when definite criteria were established. From now on, such criteria for a systematic analysis of compensation for existential damage will be a reference point for the Italian Courts.

Criminal Courts of Justice, Dublin

Directory of Open Access Journals (Sweden)

Jonathan Tooth

2012-04-01

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

Nuclear fuel tax in court

International Nuclear Information System (INIS)

Leidinger, Tobias

2014-01-01

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

Procedural Justice in Dutch Administrative Court Proceedings

Directory of Open Access Journals (Sweden)

André Verburg

2014-11-01

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

Scientific profile and professional responsibility of Court-appointed Medical Technical Consultants in Italy: time for a specific educational curriculum?

Science.gov (United States)

Conti, Andrea Alberto

2014-08-20

Court-appointed Technical Consultants (CTCs) are fundamental figures in the Italian judicial system. CTCs are experts appointed by judges in order to supplement their activities by ascertaining, collecting and analyzing facts concerning the specific subject of a lawsuit. These experts formulate opinions, gather motivations and perform checks to provide clear, objective and irrefutable answers to the questions posed by judges. With direct reference to the medical field, while police doctors (specialists in forensic medicine) follow an academic, dedicated, well-structured educational curriculum, the University specialty school in Forensic Medicine, other medical CTCs, though not infrequently luminaries with one or many medical specialties and professional acknowledgments, may have no specific legal-medicine and juridical expertise, precisely because a similar expertise is not formally required of them. In the light of these considerations, in Italy some professionals of the legal world, and of the health context too, have proposed for medical CTCs targeted educational pathways, which would provide these experts with formal specific qualifications. In synthesis and in conclusion, a full knowledge and a rigorous respect of the rules of legal proceedings emerge as increasingly important characteristics for current and future Court-appointed Technical Consultants, together with a specific educational curriculum.

DRUG COURTS: Better DOJ Data Collection and Evaluation Efforts Needed to Measure Impact of Drug Court Programs

National Research Council Canada - National Science Library

2002-01-01

.... Under this concept, in exchange for the possibility of dismissed charges or reduced sentences, defendants are diverted to drug court programs in various ways and at various stages in the judicial process...

Europe's Constitutional Court : The Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers in the European Union

NARCIS (Netherlands)

Knook, A.D.L.

2009-01-01

This book examines the Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers of the European Union. This constitutional role is examined from five different angles. Chapters II and III examine the role of the Court of Justice in the Separation of Powers

Delinquency Cases in Juvenile Court, 2002. OJJDP Fact Sheet #02

Science.gov (United States)

Stahl, Anne L.

2006-01-01

This fact sheet presents statistics on delinquency cases processed by juvenile courts in 2002. The number of delinquency cases handled by juvenile courts decreased 11 percent between 1997 and 2002. During this time, the number of person offense cases decreased 2 percent, property offense cases decreased 27 percent, drug law violation cases…

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

Science.gov (United States)

Bechtold, Jordan; Cauffman, Elizabeth

2014-04-01

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

The Degree of Court's Control on Arbitration under the Ethiopian Law

African Journals Online (AJOL)

The Degree of Court's Control on Arbitration under the Ethiopian Law: Is It to the ... C)) reveals that courts in Ethiopia control arbitration by such avenues as appeal, ... all overlook the avenue of refusal, particularly in terms of domestic awards.

29 CFR 790.22 - Discretion of court as to assessment of liquidated damages.

Science.gov (United States)

2010-07-01

... 1938 Restrictions and Limitations on Employee Suits § 790.22 Discretion of court as to assessment of... the minimum—wage or overtime provisions of the act shall be liable to the affected employees not only... discretion by the court are two: (1) The employers must show to the satisfaction of the court that the act or...

High-Pressure Limit Rate Rules for α-H Isomerization of Hydroperoxyalkylperoxy Radicals

KAUST Repository

Mohamed, Samah Y; Davis, Alexander Cory; Al Rashidi, Mariam J; Sarathy, Mani

2018-01-01

group. In this work, a combination of high level composite methods - CBS-QB3, G3 and G4 - is used to determine the high-pressure-limit rate parameters for the title reaction. Rate rules for H-migration reactions proceeding through 5-, 6-, 7- and 8

The Equal Pay Act: Higher Education and the Court's View.

Science.gov (United States)

Greenlaw, Paul S.; Swanson, Austin D.

1994-01-01

Effects of the Equal Pay Act of 1963 for college and university employees are reviewed through an examination of trends in court decisions and legal treatment of the issues. It is concluded that case law has been evolutionary, with concepts of "equal,""work," and others not altered drastically by the courts in recent years.…

Environment Protection (Northern Territory Supreme Court) Act 1978, No.30

International Nuclear Information System (INIS)

1978-01-01

This Act relates to the enforcement by the Supreme Court of the Northern Territory of certain provisions for protecting the environment in the Alligator Rivers Region; it provides that the Supreme Court has jurisdiction to make orders concerning enforcement of provisions relating to the environmental effects in the Region of uranium mining operations. (NEA) [fr

Design rules for high temperature plant - the implications of recent research in relation to current practice

International Nuclear Information System (INIS)

Townley, C.H.A.

1977-01-01

An historical summary is presented of design rules for high temperature plant, leading to the rules applicable to high temperature reactors, particularly the liquid metal fast breeder reactor. Special attention is given to creep rupture properties of ferritic and austenitic materials used for the construction of components such as boilers and pressure vessels. (author)

Koblenz Higher Administrative Court reproaches complainants with abusing legal protection

International Nuclear Information System (INIS)

Anon.

1981-01-01

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

Level of information about gynaecological prevention in teenagers at risk from social exclusion, referred by family court rulings to juvenile attendance centres – a pilot study

Directory of Open Access Journals (Sweden)

Marcin Bobiński

2015-09-01

Full Text Available Introduction and objective. The objective of the study was to present preliminary results of a pilot study concerning the level of knowledge of gynaecological prevention, conducted in teenagers referred by court rulings to a juvenile attendance centre. Materials and method. The instrument was an anonymous survey questionnaire completed by participants in health prevention classes in late 2010 and early 2011. The studied group consisted of teenagers aged 15–17 years (mean age: 15.72 years, median = 16 years, SD = 0.679 who were under probation officers’ supervision in the Zamość region of south-eastern Poland. The sample size was 101 persons – 51 boys (50.50%, 50 girls (49.5%. Results. According to the respondents, the most important reasons for seeing a gynaecologist were: menstrual disorders (70.30%, suspicion of pregnancy (63.37% and pain or burning sensations while urinating (58.42%. The following were regarded as prevalent cancers in women: cancers of the breast (99.01%, cervix (89.1%, and ovaries (62.38%. Over 92% of subjects stated that it was possible to protect oneself from cervical cancer, but only 41.5% of respondents indicated the correct definition of the term ‘cytology’. Statistical analysis focused on differences between genders. A higher self-assessment of mental health was shown in boys. Conclusions. Teenagers of similar background may find it more difficult to gain access to knowledge about health prophylaxis, including gynaecological prevention. Efforts should be intensified in order to ‘equalize health opportunities’ through appropriate preparation of teaching curricula (including health education and philosophy of medicine.

Kassel Administrative Court. Decision of September 17, 1982 ('Frankenberg-Wangershausen')

International Nuclear Information System (INIS)

Anon.

1983-01-01

By court order of September 17, 1982, the Kassel Administrative Court settled upon an application put forth by a group within the town council of Marburg in Hesse, stating their wish that the management and finance committee become active in the refusal of a building permit for a reprocessing plant planned to be constructed at a distance of 30 km as the crow flies. The Administrative Court rejected the application because of the absence of a legal basis for becoming thus active. It stated that the kind of activity applied for was not the business of the community and that it is not, under local law, within the field of activities of the town council. (WB) [de

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

Science.gov (United States)

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

2011-11-01

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

Commentary (Victim Participation in the International Criminal Court)

DEFF Research Database (Denmark)

Marchuk, Iryna

2014-01-01

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

"Woman's Place" in the Constitution: The Supreme Court and Gender Discrimination

Science.gov (United States)

Levin, Betsy

1975-01-01

Article discussed the Supreme Court's response to constitutional attacks from state and federal laws on women's rights, the judicial treatment of racially-based discrimination versus that of gender-based discrimination, and the most recent Supreme Court decisions on gender-based discrimination. (Author/RK)

The Camera Comes to Court.

Science.gov (United States)

Floren, Leola

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

Court decisions: Preclusion clause prevents operating stop for Kruemmel nuclear power plant. [Administrative Court of Schleswig, decision 12D 79/83 of Oct. 5, 1983

Energy Technology Data Exchange (ETDEWEB)

1984-01-01

According to section 7b of the Atomic Energy Act, once an incontestable permit has been given under section 7 of the Atomic Energy Act, third parties do not have a right of appeal in any subsequent licensing procedure if the said appeal is based on facts which have been put forward already, or could have been brought forward by any third party having had access to information or to the preliminary licence laid open for public inspection. If the licensing authority decided within the margin of discretion provided by the law, the administrative court may not replace this discretion by discretion of the court. If in accordance with section 1 of the Atomic Energy Act an examination of the issues involved may result in a possible decision confirming the licensing authority's view or also the court's view, the court is obliged to accept the decision taken by the licensing authority, due to the principle of separation of powers, unless the licensing authority decided on the basis of incorrect or irrelevant facts, or left out of consideration facts of major importance.

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

Science.gov (United States)

2012-12-04

... regulations regarding the effect of any 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... court decision and adds little substantive interpretation of the law. For the foregoing reasons, OPM...

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

NARCIS (Netherlands)

A. Stadler (Astrid)

2013-01-01

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

Court Supervised Institutional Transformation in South Africa

Directory of Open Access Journals (Sweden)

Deon Erasmus

2015-12-01

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

Was R (Miller v Secretary of State for Exiting the European Union correctly decided?

Directory of Open Access Journals (Sweden)

Jacob M. Nolan

2017-09-01

Full Text Available Jacob M. Nolan gives a timely examination of the case of R (on the application of Miller and Dos Santos v Secretary of State for Exiting the European Union – arguably amongst the most important cases on constitutional law decided by the UK Supreme Court. In this landmark case the Supreme Court was required to rule on whether the UK Government (the executive could trigger Article 50 of the Treaty on European Union without the authorisation of an Act of Parliament, through the use of the Crown’s prerogative. On an 8 – 3 majority, with Lords Reed, Carnwath, and Hughes dissenting, the Supreme Court upheld the previous High Court ruling that an Act of Parliament was first required.

Superior Administrative Court of Lueneburg, judgement of January 20, 1982 ('Kruemmel')

International Nuclear Information System (INIS)

Anon.

1983-01-01

The appeal judgment of January 20, 1982 of the Lueneburg Superior Administrative Court partly rescinded the decision of the Administrative Court of Sept. 2, 1976, which dismissed the action against the 1st, 2nd, and 3rd partial licence for Kruemmel nuclear power plant. The first partial licence cannot be appealed against for lack of right of action. As to the action against the second, appeal is justified in that there are defects in terms of law in the approval of the conceptual design. The Court first theoretically explains the legal status and legal effect of a licence in approval of the conceptual design. The judgment then states among others that the apellant's appeal against this approval comprised in the 2nd partial licence is to be accepted although the 2nd partial licence as a whole is to be regarded as incontestable, and no preclusion being created according to section 3 of the Nuclear Installations Ordinance or section 7b of the Atomic Energy Act. The Court in its decision also discusses the relevant time at which a court decision has been taken (last administrative decision), and with the legal protection of third parties' rights as comprised in section 7, sub-section (2), no. 3 of the Atomic Energy Act. (HP) [de

Omission in Possible: the Forensic Linguistics Autopsy of the Court Interpreting Praxis

Directory of Open Access Journals (Sweden)

Taufiq Jati Murtaya

2018-01-01

Full Text Available To have a proportional rendition, an interpreter has to deal with the dilemmatic decision of technique employment. In fact, in a case of court interpreting there are a bunch of oppressive moments, since its impact is exclusively stroke on the hearings’ route; and generally in the law enforcement constitution. For that fundamental circumstance, this article links the perspectives to achieve the goal how the court interpreting should be held from the notion of one of the interpreting strategies, namely the omission and the conceptual perspective of forensic linguistics. Here, this article reviews some points of view from both sides; and scrutinizes what lies beneath so the findings are beneficial for the court interpreting practices and studies. This article articulates that the omissions are taken for the sake of the prosecution flawless systemic process. Thus, the interpreter should be aware of the nuance of the two main conditions of the witness examination session i.e. the examination-in-chief and the cross-examination. More importantly, the forensic linguistics considers this as the effort in a working condition of the court interpreter to keep the most proportional judicial atmosphere in balance in terms of symmetrical and asymmetrical relation. This article then proposes the significance of having more knowledge on forensic linguistics for a court interpreter in doing and learning court interpreting.

Potential Implications of Approaches to Climate Change on the Clean Water Rule Definition of "Waters of the United States".

Science.gov (United States)

Faust, Derek R; Moore, Matthew T; Emison, Gerald Andrews; Rush, Scott A

2016-05-01

The 1972 Clean Water Act was passed to protect chemical, physical, and biological integrity of United States' waters. The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers codified a new "waters of the United States" rule on June 29, 2015, because several Supreme Court case decisions caused confusion with the existing rule. Climate change could affect this rule through connectivity between groundwater and surface waters; floodplain waters and the 100-year floodplain; changes in jurisdictional status; and sea level rise on coastal ecosystems. Four approaches are discussed for handling these implications: (1) "Wait and see"; (2) changes to the rule; (3) use guidance documents; (4) Congress statutorily defining "waters of the United States." The approach chosen should be legally defensible and achieved in a timely fashion to provide protection to "waters of the United States" in proactive consideration of scientifically documented effects of climate change on aquatic ecosystems.

Circuit courts clash over HIV in the workplace.

Science.gov (United States)

1997-09-19

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

California drug courts: outcomes, costs and promising practices: an overview of Phase II in a statewide study.

Science.gov (United States)

Carey, Shannon M; Finigan, Michael; Crumpton, Dave; Waller, Mark

2006-11-01

The rapid expansion of drug courts in California and the state's uncertain fiscal climate highlighted the need for definitive cost information on drug court programs. This study focused on creating a research design that can be utilized for statewide and national cost-assessment of drug courts by conducting in-depth case studies of the costs and benefits in nine adult drug courts in California. A Transactional Institutional Costs Analysis (TICA) approach was used, allowing researchers to calculate costs based on every individual's transactions within the drug court or the traditional criminal justice system. This methodology also allows the calculation of costs and benefits by agency (e.g., Public Defender's office, court, District Attorney). Results in the nine sites showed that the majority of agencies save money in processing an offender though drug court. Overall, for these nine study sites, participation in drug court saved the state over 9 million dollars in criminal justice and treatment costs due to lower recidivism in drug court participants. Based on the lessons learned in Phases I and II, Phase III of this study focuses on the creation of a web-based drug court cost self-evaluation tool (DC-CSET) that drug courts can use to determine their own costs and benefits.

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

DEFF Research Database (Denmark)

Butler, Graham

2015-01-01

the Supreme Court. Twelve months later, in October 2014, the new Court of Appeal was formally established in a move that was largely unnoticed by the public at large but, for legal practitioners and eager followers of Irish constitutional law, it was an important change that would have long-lasting effects...... on the judicial system of the State. The creation of a new court requires a considerable effort from a number of branches of the State in formulating the correct path for its establishment to proceed. In this article, the history of a Court of Appeal is set out, before discussing the referendum to amend...

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

Directory of Open Access Journals (Sweden)

Carolina Anello

2014-03-01

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

Court dwarfs: an overview of European paintings from fifteenth to eighteenth century.

Science.gov (United States)

Guaraldi, Federica; Prencipe, Nunzia; Gori, Davide; di Giacomo, Stellina; Ghigo, Ezio; Grottoli, Silvia

2012-12-01

Since antique times, dwarfs have been commonly employed at court, mostly as servants, entertainers, or personal attendants upon noble women and noblemen. Their presence at European Renaissance courts was very common, as demonstrated by their presence alongside to their masters or mistress in several artworks of that period. Aim of our paper is to derive clinical information regarding the type of dwarfism affecting people living and acting at European courts from an overview of paintings dating fifteenth to the eighteenth century.

UPAYA PERANCANGAN UNDANG-UNDANG TENTANG LARANGAN MERENDAHKAN MARTABAT PENGADILAN (CONTEMPT OF COURT

Directory of Open Access Journals (Sweden)

Jimly Asshiddiqie

2015-07-01

Full Text Available Untuk menjaga martabat dan kehormatan peradilan tidak semata menggunakan pendekatan melalui mekanisme hukum pidana, melainkan juga diperlukan pendekatan melalui mekanisme civil contempt of court dan ethical contempt of court secara integral.

Licensing procedure by steps, indemnity precaution, control by administrative courts

International Nuclear Information System (INIS)

Sellner, D.

1986-01-01

The author describes three problems of the Wyhl-judgement of the Federal Administrative Court. The terms 'licensing procedure by steps', 'indemnity precaution pursuant to sec. 7, para. 2, No. 3 Atomic Energy Act', and 'control density of administrative courts' are concretized. The author chooses these terms because they have important impulses even for other fields than Atomic Energy Law. (CW) [de

The Gorontalo Religious Court Judges Response Toward Their Absolute Competence in Resolving Shariah Economy Disputes

OpenAIRE

Mardiana, Andi; Darwis, Rizal

2015-01-01

Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and docum...

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

OpenAIRE

Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

2013-01-01

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage fr...

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

NARCIS (Netherlands)

Breemen, V.

2014-01-01

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