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Sample records for judge juvenile court

  1. Juvenile Judge

    Institute of Scientific and Technical Information of China (English)

    1997-01-01

    SHANG Xiuyun was among the first sitting judges when the juvenile court was set up in Beijing 10 years ago. With enriched experience she has altered the way judges ask questions in court. She began the practice of inviting juvenile offenders, their parents, relatives, friends and teachers to the juvenile court to work hand in hand in dealing with cases: Facing their relatives and friends and hearing their heartfelt words, juvenile offenders would often be touched, thus bringing forth a positive attitude toward life.

  2. Diagnostic Labeling in Juvenile Court: How Do Descriptions of Psychopathy and Conduct Disorder Influence Judges?

    Science.gov (United States)

    Murrie, Daniel C.; Boccaccini, Marcus T.; McCoy, Wendy; Cornell, Dewey G.

    2007-01-01

    This study examined the influence of diagnostic criteria and diagnostic labels for psychopathy or conduct disorder on judicial decisions. A national sample of judges (N = 326) rendered hypothetical dispositions based on 1 of 12 mock psychological evaluations. The evaluations varied the presence of 2 sets of diagnostic criteria (antisocial…

  3. Chinese Judge At WTO Court

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

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

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

    Science.gov (United States)

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

    2000-01-01

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

  5. Juvenile Courts. Creation and development

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    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

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

  6. The Juvenile Court: Changes and Challenges.

    Science.gov (United States)

    Feld, Barry C.

    2000-01-01

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

  7. The impact of juveniles' ages and levels of psychosocial maturity on judges' opinions about adjudicative competence.

    Science.gov (United States)

    Cox, Jennifer Mayer; Goldstein, Naomi E S; Dolores, John; Zelechoski, Amanda D; Messenheimer, Sharon

    2012-02-01

    This study investigated whether defendants' ages and levels of psychosocial maturity would affect judges' ratings of juveniles' adjudicative competence in juvenile and criminal court. Three hundred forty two judges reviewed a forensic psychological report about a hypothetical defendant; only the defendant's age (12-17) and maturity level (mature, immature) varied across reports. Results revealed a main effect of age, with older juveniles generally deemed more competent, and a main effect of maturity, with mature juveniles generally deemed more competent. No interaction was found. Results suggest that age and maturity play major roles in judicial determinations of juvenile competency.

  8. Who decides? The decision-making process of juvenile judges concerning minors with mental disorders.

    Science.gov (United States)

    Cappon, Leen

    2016-01-01

    Previous research on juvenile judges' decision-making process has neglected the role of the different actors involved in judicial procedures. The decision can be considered as a result of information exchange between the different actors involved. The process of making a decision is equally important as the decision itself, especially when the decision considers minors with mental disorders. The presence and the type of interaction determine the information available to the juvenile judges to make their final decision. The overall aim of this study is to gain insight into the role of all actors, including the juvenile judge, in the juvenile judge's decision-making process in cases relating to minors with mental disorders. Semi-structured interviews were carried out with professional actors (n=32), minors (n=31) and parents (n=17). The findings indicated that the judge's decision is overall the result of an interaction between the juvenile judge, the social services investigator and the youth psychiatrist. The other professional actors, the minors and the parents had only a limited role in the decision-making process. The research concludes that the judge's decision-making process should be based on dialogue, and requires enhanced collaboration between the juvenile court and youth psychiatrists from mental health services. Future decision-making research should pay more attention to the interactions of the actors that guide a juvenile judge's decision.

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

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    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.

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

    Science.gov (United States)

    Sagatun-Edwards, Inger; Saylor, Coleen

    2000-01-01

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

  11. The Effects of Computerized Information Systems on Juvenile Courts

    Science.gov (United States)

    Albrecht, Gary L.

    1976-01-01

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

  12. A Conversation with his Honour Chief Judge Michael Rozenes AO County Court of Victoria

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    Michael Rozenes

    2014-10-01

    Full Text Available VULJ Editors and invited students interviewed the Chief Judge of the County Court of Victoria, His Honour Michael Rozenes AO QC, on Tuesday 19 August 2014 at the College of Law & Justice, Victoria University.

  13. Congress, Ex Parte Young, and the Fate of the Three-Judge District Court

    Directory of Open Access Journals (Sweden)

    Michael E. Solimine

    2008-04-01

    Full Text Available In 1908 the Supreme Court held in Ex parte Young that a federal judge could enjoin a state attorney general from enforcing an unconstitutional state statute, notwithstanding sovereign immunity doctrines, which would normally bar such relief. The case was sharply criticized at the time as another example of an activist federal judiciary striking down Progressive Era regulatory legislation. Congress enacted legislation requiring that Ex parte Young injunctions only be issued by a specially convened three-judge district court. Despite the initial hostility, as has been recounted by Owen Fiss, William Ross, and other scholars, the injunctive power recognized in the case came to be regarded as a powerful and necessary tool to enforce federal civil rights laws, especially in the face of recalcitrant state authorities. In contrast, the history of the three-judge district court has received less attention and has had a different arc. During the Civil Rights era, some federal judges, particularly in the Deep South, were perceived as being hostile to the enforcement of federal law, and a three-judge court was considered by many to be a necessary tool to marginalize such judges and optimize enforcement of federal legal norms. The federal judiciary itself later questioned the court’s usefulness due to the administrative burdens of convening such courts, and the perception that their role in enforcing federal law was no longer necessary. Responding to those concerns, and over the opposition of the NAACP, Congress in 1976 sharply restricted the jurisdictional coverage of the court. The changes in the three-judge district court demonstrate the importance of appreciating the motivations and effects of Congressional regulation of the institutional structures of the federal courts and that of interest groups in influencing Congress.

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

    OpenAIRE

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

    2012-01-01

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

  15. Procedural justice and the judge-probationer relationship in a co-occurring disorders court.

    Science.gov (United States)

    Mahoney, Myesa Knox

    2014-01-01

    Although a considerable amount of research has been conducted on treatment-based courts, there is little quantitative evidence that describes the relationship between the judge and the probationer. The present study examines perceptions of the judge-probationer relationship (JPR), procedural justice, and outcome satisfaction within a co-occurring disorders court (CODC) in Orange County, California. Based on interview and survey data from a sample of probationers within the CODC (n=24), this article argues that perceptions of procedural justice are linked to perceptions of relationship quality between the judge and probationer. Analysis of the data found that probationers in the CODC have very positive views of their relationships with the judge, and elements of relationship quality are significantly linked with perceptions of procedural justice. Procedural justice is also a predictor of satisfaction with outcome in this sample. The results show promise that procedural justice and the quality of the judge-probationer relationship can positively affect probationers with co-occurring disorders in specialty courts.

  16. Judge Financial, Administrative Judge

    OpenAIRE

    Kurek, Aline

    2010-01-01

    As a specialised administrative judge, the financial judge, understood in the sense of the Auditors Court, of the regional Auditors Courts and of the Court of budgetary and financial discipline, has a ratione materiae jurisdiction. It is the judge's duty to ensure compliance with budgetary and national accounting rules. The perspective tending to view the financial judge as a administrative judge, that is to say as an ordinary administrative judge, may consequently give rise to certain object...

  17. The Hungarian court system with special emphasis on the principle of the independence of judges

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    Heka Laslo L.

    2015-01-01

    Full Text Available The question of ensuring the independence and impartiality of judges is one of the basic principles of justice, and basic principles of state functioning in general. Successful functioning of justice and the realization of this principle is largely linked to the method of selection of judges, which is, nowdays, an important issue in the world's major legal systems. They all aim to find a solution for the selection of judges that could implement reinforcement of the principle of independence of judges and their impartial trial. Regarding this, significant differences are noticeable between countries which apply civil law and ones that judge by the principle of common law, especially bearing in mind that certain political cultures exist in which there are no limits that the court involve even an external factor to the trial verdict. In this thesis we present the Hungarian justice system and methods of selection of the judges, comparing it with the Serbian model, and then presenting solutions in English, American, German and French judiciary, trying to display current prevailing international trends in countries that apply the legal system of Common law, or in those who judge by Civil law. Finally, by the method of comparative analysis, we present our own view on this issue, being aware that the problem of selection of the judges should be cautiously regulated, given the experience of some other countries, which is especially reflected in post-communist countries in which, up to the 1990s, only one-party system existed, characterized by the fact the judges were selected by the communist Party personnel, that in former Yugoslavia used to be called 'socio-politically suitable'. Nowdays in Hungary, Serbia and many other countries, judicial councils represented by judges, prosecutors, lawyers and law professors have a central role in the selection of the judges (in Serbia there are special judge and prosecutor councils. In France, the election of

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

    Science.gov (United States)

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

    2014-09-01

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

  19. MANAGERIAL APPROACH ON THE ROLE AND RESPONSABILITY OF THE PRESIDENT OF THE COURT AND THE INDIVIDUAL PERFORMANCE OF JUDGES

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    E. Muscalu

    2014-12-01

    Full Text Available The purpose of this study is to understans how the quality of the court is bound to the role of the court presidents in Romania, who, for the proper administration of the departments and the divisions of the court, must assume a leadership role. Efficiency depends on how they use their knowledge, their behavior and attitudes as personal example to create an environment in which subordinates, judges and court personnel, are fully involved in achieving the objectives of the institution.

  20. Impacting re-arrest rates among youth sentenced in adult court: an epidemiological examination of the Juvenile Sentencing Advocacy Project.

    Science.gov (United States)

    Mason, Craig A; Chapman, Derek A; Chang, Shau; Simons, Julie

    2003-06-01

    Examines the impact of a program aimed at reducing re-offending among juveniles transferred to adult court in Miami-Dade County, Florida. Initiated in 1998, the Juvenile Sentencing Advocacy Project (JSAP) worked to increase the degree to which defense lawyers, prosecutors, judges, and police officers considered the developmental status of youth charged with crimes, as well as the contextual basis for their behavior and their potential for rehabilitation. Through such activities, the goal was to increase the use of juvenile sanctions, rather than traditional adult sentences. Based on previous research, it was predicted that increased use of juvenile sanctions would be associated with fewer youth re-offending. This article examines 162 youth who were transferred to and sentenced in adult court during 1999. Re-offense patterns were monitored through June 2001. Analyses using epidemiological measures of effect found that the use of juvenile sanctions significantly increased following implementation of JSAP and that youth receiving adult probation or boot camp were 1.74 to 2.29 times more likely to re-offend than were youth receiving juvenile sanctions. The increased use of juvenile sanctions following implementation of JSAP corresponded to an 11.2% to 15.3% decrease in the number of youth one would have anticipated would re-offend had previous patterns of sentencing continued.

  1. The participation of juvenile defendants in the youth court. A comparative study of juvenile justice procedures in Europe

    NARCIS (Netherlands)

    Rap, S.E.

    2013-01-01

    This study revolves around the issue of the participation of juvenile defendants in the youth court. The European Court of Human Rights has put forward the notion that defendants should be able to participate effectively in a court hearing. Moreover, in international children’s rights law it is stip

  2. Behind the Judges' desk: An Ethnographic Study on the Italian Courts of Justice

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    Luca Verzelloni

    2012-06-01

    Full Text Available Interpretation of the written law, far from being a cognitive activity, it's a concrete and material practice, which is created, recreated and reinforced through experience and through continuous individual and collective learning occasions. This process isn't based on perennial and immutable axioms, but is an activity built in practice, through subsequent "translations" of formal and abstract rules into "concrete" lawsuits. Being a magistrate doesn't mean acquiring a body of abstract knowledge on how to interpret the written laws; rather it signifies an ability to practice as a judge in a court of justice. In order to study the logics that characterize the " fabrique du droit", it is necessary to go "behind the judges' desk"so as to investigate the "real doings" of the practitioners. In light of these reflections, this article tries to reflect on the activities of the Italian judges. The data presented were drawn from several periods of ethnographic research conducted over two years in four Italian courts specialized in legal arguments at first instance related to Labor relationships, Assistance and Welfare. Tribunals were chosen on the basis of two criteria: dimension and geographical location. The research has considered 16 judges (novices, experienced and presidents of section. The conclusion of this paper is that interpretation of the written law, while remaining a prerogative of the single Italian magistrate, is linked to the organizational context in which each judge operates and to the occasions for comparison with the colleagues of section. Some Italian tribunals look like "condominiums", where magistrates appear as "monads" andother, instead, can be described as "communities of practitioners", in which judges discuss common "translations" of the written law and put the results of this dialogue into practice.

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

    Science.gov (United States)

    Breda, Carolyn S.

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

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

    Science.gov (United States)

    Sanborn, Joseph B., Jr.

    1996-01-01

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

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

    Science.gov (United States)

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

    2009-01-01

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

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

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    Kiljamilawati

    2015-08-01

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

  7. 8 CFR 204.11 - Special immigrant status for certain aliens declared dependent on a juvenile court (special...

    Science.gov (United States)

    2010-01-01

    ... declared dependent on a juvenile court (special immigrant juvenile). 204.11 Section 204.11 Aliens and... Petitions § 204.11 Special immigrant status for certain aliens declared dependent on a juvenile court (special immigrant juvenile). (a) Definitions. Eligible for long-term foster care means that...

  8. 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.

  9. Thinking about Judges and Judicial Performance: Perspective of the Public and Court Users

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    David Rottman

    2014-12-01

    Full Text Available Studies of the courts, conducted primarily in the United States, suggest that the way legal professionals think about judging underpins nearly all official evaluations of judicial performance. The general public has a different view than lawyers of judging that merits consideration along with the type of criteria emphasized by the legal community. Research demonstrates that the public places the greatest importance on the extent to which a judge reaches decisions through a process that meets the public's expectations of fairness. Surveys of California residents and California attorneys are used to demonstrate the importance of procedural justice for explaining whether people have trust in the courts and regard court decisions as legitimate. The article describes and critiques existing judicial performance evaluation programs that incorporate procedural justice principles as a dimension for measuring judicial quality through both survey and observational methods. Los estudios sobre tribunales llevados a cabo principalmente en Estados Unidos, sugieren que la opinión sobre el hecho de juzgar de los profesionales del derecho están detrás de casi todas las evaluaciones del rendimiento judicial oficiales. El público general tiene una visión del hecho de juzgar diferente a la de los abogados, que debe tenerse en cuenta junto con los criterios destacados por la comunidad jurídica. La investigación demuestra que el público da mayor importancia a que un juez tome una decisión a través de un proceso que cumpla con sus expectativas de justicia. Se emplean encuestas a residentes de California y abogados de California para demostrar la importancia de la justicia procesal, a la hora de explicar si la gente tiene confianza en los tribunales y perciben las decisiones judiciales como legítimas. El artículo describe y critica los programas de evaluación del rendimiento judicial que incorporan principios de justicia procesal como una dimensión para

  10. THE LAY JUDGE IN THE SMALL CLAIMS COURTS AND IN THE SMALL CLAIMS AGAINST THE EXCHEQUER COURTS: EFFICIENCY VERSUS ACCESS TO JUSTICE AND TO LAW

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    Pedro Gomes de Queiroz

    2015-12-01

    Full Text Available Lay judges that work at small claims courts and at small claims against the Exchequer courts don’t have the necessary legitimacy to take discretionary or solely based in equity decisions, because they are not directly elected by the people. Thus, they must base their decisions in the present Law. For this purpose, the selection process of them must demand the necessary legal knowledge and degree for the exercise of the function. The lay judge is submitted to the reasons of impediment or suspicion of the judge, because he is an assistant of the justice, so the law must recognize the citizen’s right to know the individual that exercises the function in his process.

  11. Summary of Work Performed Pursuant to the Development of Training Manuals for a Highway Safety Workshop for Traffic Court Judges.

    Science.gov (United States)

    Abt Associates, Inc., Cambridge, MA.

    The report summarizes the work involved in developing a highway safety workshop for traffic court judges. It describes the testing of previously developed workshop materials and their evaluation, resulting in a contract modification to redesign and refocus the workshop. The report identifies the resources and procedures used in this development…

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

    Science.gov (United States)

    Siegel, David M

    2011-07-01

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

  13. 20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...

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

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    Pamela Linden

    2009-03-01

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

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

    Science.gov (United States)

    Stevens, John Paul

    1985-01-01

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

  16. Correlates of Competency to Stand Trial Among Youths Admitted to a Juvenile Mental Health Court.

    Science.gov (United States)

    Bath, Eraka; Reba-Harrelson, Lauren; Peace, Robyn; Shen, Jie; Liu, Honghu

    2015-09-01

    Competency to stand trial (CST) assessment of juvenile offenders is a relatively recent phenomenon, as are juvenile mental health courts. Factors associated with youths' ability to participate in legal proceedings are not well understood, regardless of the court venue. Using a sample of 324 juveniles participating in the Los Angeles County Juvenile Mental Health Court (LAJMHC), we sought to explore the relationships of age, mental health diagnosis, and history of mental health treatment to CST status. Results suggest youths under the age of 15 were significantly more likely to have been found incompetent to stand trial (IST) when compared with older youths (p = .007). Youths with a diagnosis of a pervasive developmental disorder or intellectual disability were also more likely to be found IST than those without these diagnoses (p = .02 and p = .0001, respectively). Conversely, participants aged 16 or 17 years and diagnosed with a mood, substance abuse, or psychotic disorder were more likely to be found CST than those without these diagnoses (p competency attainment and recidivism prevention services, both within these specialty courts and in juvenile proceedings in general.

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

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    Wisnu Baroto

    2015-08-01

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

  18. Juveniles' knowledge of the court process: results from instruction from an electronic source.

    Science.gov (United States)

    Driver, Christine; Brank, Eve M

    2009-01-01

    Our study first determined what juveniles know about the juvenile court process. Second, it evaluated a DVD designed to be a systematic and simple way to improve this knowledge. A pre- and posttest design was used with two pilot samples and two samples from the population of interest. A sample from a juvenile detention center (n = 118) was the focus of this study. Initial knowledge of the court process was quite low for the detention sample (pretest M = 64.0%, SD = 14.2%). All samples experienced a significant improvement of knowledge after watching the DVD. Youth in the detention sample had a mean improvement from pretest to posttest of 6.4% (SD = 11.9%), with mean scores at posttest being 70.3% (SD = 17.4%). Respondents varied in their performance on different question topics, scoring the lowest on questions related to what happens at juvenile court hearings. The social and demographic variables of age, race, gender, grades in school, number of previous arrests, and the number of times the respondent had been to court were evaluated through regression analysis. Age and race were found to be significantly related to pretest scores, and race was significantly related to improvement scores.

  19. 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

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

    NARCIS (Netherlands)

    van Hees, M; Steunenberg, B

    2000-01-01

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

  1. Basic Counseling Skills Training Program for Juvenile Court Workers.

    Science.gov (United States)

    Fox, Richard W.; And Others

    1991-01-01

    Conducted week-long course of study in counseling skills for individuals (n=73) working with juvenile offenders. Participants evidenced significant changes in certain behavior categories as measured by the Fundamental Interpersonal Relations Orientation-Behavior Scales (FIRO-B). Compared to controls, participants made certain movements in positive…

  2. Basic Counseling Skills Training Program for Juvenile Court Workers.

    Science.gov (United States)

    Fox, Richard W.; And Others

    1991-01-01

    Conducted week-long course of study in counseling skills for individuals (n=73) working with juvenile offenders. Participants evidenced significant changes in certain behavior categories as measured by the Fundamental Interpersonal Relations Orientation-Behavior Scales (FIRO-B). Compared to controls, participants made certain movements in positive…

  3. How judges think in the Brazilian Supreme Court: Estimating ideal points and identifying dimensions

    Directory of Open Access Journals (Sweden)

    Pedro Fernando Almeida Nery Ferreira

    2014-09-01

    Full Text Available We use NOMINATE (Nominal Three Step Estimation (Poole and Rosenthal, 1983, 1997 to estimate ideal points for all Supreme Court Justices in Brazil from 2002 to 2012. Based on these estimated preferences we identify the nature of the two main dimensions along which disagreements tend to occur in this Court. These estimates correctly predict over 95% of the votes on constitutional review cases in each of the compositions of the Court which we analyze. The main contribution of the paper is to identify that the main dimension along which preferences align in the Brazilian Supreme Court is for and against the economic interest of the Executive. This is significantly different than the conservative-liberal polarization of the US Supreme Court. Our estimates show that along this dimension the composition of the Court has been clearly favorable to the Executive's economic interests, providing the setting in which the dramatic transformation in institutions and policies that the country has undergone in last two decades could take place.

  4. Estimating the differential costs of criminal activity for juvenile drug court participants: challenges and recommendations.

    Science.gov (United States)

    McCollister, Kathryn E; French, Michael T; Sheidow, Ashli J; Henggeler, Scott W; Halliday-Boykins, Colleen A

    2009-01-01

    Juvenile drug court (JDC) programs have expanded rapidly over the past 20 years and are an increasingly popular option for rehabilitating juvenile offenders with substance use problems. Given the high cost of crime to society, an important economic question is whether and to what extent JDC programs reduce criminal activity among juvenile offenders. To address this question, the present study added an economic cost analysis to an ongoing randomized trial of JDC conducted in Charleston, South Carolina. Four treatment conditions were included in the parent study: Family Court with usual community-based treatment (FC, the comparison group), Drug Court with usual community-based treatment (DC), DC with Multisystemic Therapy (DC/MST), and DC/MST enhanced with Contingency Management (DC/MST/CM). The economic study estimated the cost of criminal activity for nine specific crimes at baseline (pretreatment) and 4 and 12 months thereafter. A number of methodological challenges were encountered, suggesting that it may be more difficult to economically quantify frequency and type of criminal activity for adolescents than for adults. The present paper addresses methodological approaches and challenges, and proposes guidelines for future economic evaluations of adolescent substance abuse and crime prevention programs.

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

    Science.gov (United States)

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

    2011-01-01

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

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

    Science.gov (United States)

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

    2011-07-01

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

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

    Science.gov (United States)

    Howell, Rebecca J; Hutto, Tonya Spicer

    2012-01-01

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

  8. Clinical evaluations for transfer of juveniles to criminal court: current practices and future research.

    Science.gov (United States)

    Kruh, I P; Brodsky, S L

    1997-01-01

    Completing clinical evaluations of juveniles considered for transfer to criminal court requires specialized expertise. However, there is little empirical foundation upon which they can be based. Within each of the three major evaluation domains (amenability to treatment, risk for future violence, and sophistication/maturity), we ask the following questions: a) Can forensic examiners properly assess this area, and if so using what tools?; b) How can social science research clarify the transfer evaluation, particularly as it is impacted by systems issues?; and c) How should the evaluation be structured? In doing so, we review clinical suggestions for completing these evaluations and identify pertinent research directions. A number of general issues specific to these evaluations are also discussed.

  9. Perspectives from the Bench: Patent Law in Pittsburgh An Interview with the Honorable Joy Flowers Conti, District Judge for the United States District Court for the Western District of Pennsylvania

    Directory of Open Access Journals (Sweden)

    Katie Angliss

    2011-04-01

    Full Text Available Judge Joy Flowers Conti has served as a district judge for the United States District Court for the Western District of Pennsylvania since 2002, when she was nominated by President George W. Bush. Prior to her service as a district judge, Judge Conti served as a law clerk to a Pennsylvania Supreme Court Justice, was a partner in private practice at Kirkpatrick & Lockhart, LLP, and a shareholder at Buchanan Ingersoll. She also served as a member of the faculty at Duquesne University School of Law. Judge Conti is a member of the Allegheny County Bar Association, the Pennsylvania Bar Association, the American Bar Association, the Women’s Bar Association of Western Pennsylvania, the Federal Bar Association and the American Inns of Court. She received a Bachelor of Arts Degree from Duquesne University in 1970, and a JD degree summa cum laude from Duquesne University School of Law in 1973.

  10. La (reconnaissance des voies négociées The (reacknowledgment of negotiated solutions. The care of witch children through educational assistance in juvenile courts

    Directory of Open Access Journals (Sweden)

    Jackie B. Loteteka-Kalala

    2009-02-01

    Full Text Available L’article présente le traitement, dans les tribunaux pour enfants français, de deux cas d’accusations de sorcellerie attribuées à des mineurs originaires d’Afrique subsaharienne. Il analyse le droit comme un outil d’une (reconnaissance de la différence culturelle.La thèse principale de cet article soutient que les dispositions législatives de la juridiction des mineurs permettent de « négocier » les représentations culturelles par l’entremise d’un intermédiaire culturel judiciaire mandaté par le magistrat. Celui-ci va servir de passerelle entre la culture française du juge et la culture africaine du mineur et de sa famille pour une meilleure communication et une meilleure compréhension. Ainsi, le juge des enfants dans son pouvoir discrétionnaire instaure la pratique d’un ordre négocié légitimé, par les textes de lois, pour traiter de la différence culturelle.The article brings forward two cases in French juvenile courts: they involve two minors from Sub-Sahara Africa origin who have been accused of witchcraft. It analyses the law as a tool focusing on cultural differences. The article’s thesis stands that the law enables these children to be represented by a judicial cultural intermediary appointed by the magistrate. This third party acting as a go-between is an intermediary between the judge who is French and the child who comes from Africa, in order to set up the conditions for developing a better understanding as well as a better communication. Therefore the juvenile judge, in his discretionary power, is able to deal with cultural differences through the law and the legitimate negotiated order.

  11. Judging the Role of the Juvenile in America From Desperate Housewife

    Institute of Scientific and Technical Information of China (English)

    黄欣

    2012-01-01

      Children are the core of the family. In American families, parents give them love. At the same time, they also tell them how to be independent and self-reliance. Even when they are only nine or ten, they learn to be responsible. It can not be imagined in China. In America, every person emphasizes independence and self-reliance. And everyone wants to be so. The writer will analyze the role of the juvenile according to Des-perate Housewife. Desperate Housewife is an American teleplay. It mainly talks about the ordinary people and the ordinary life in America. So the writer chooses this teleplay. Andrew, Julie and John are the main juvenile players. They have their own characters which the writer believes that they can reflect the main characters of American juvenile to some extent.

  12. Judges in the Formation of the Nation- State: Professional Experiences, Academic Background and Geographic Circulation of Members of the Supreme Courts of Brazil and the United States

    Directory of Open Access Journals (Sweden)

    Luciano Da Ros

    2010-06-01

    Full Text Available This article compares the career profiles of judges from the highest bodies of the Judiciary in Brazil and the United States of America, examining the biographies of all the ministros of the Supreme Court of Justice (Empire and of the Supreme Federal Tribunal (Republic in Brazil, and of all the justices of the Supreme Court of the United States, appointed until 2008 in both cases. Based on the sociology of political elites perspective, the article examines data concerning academic background, geographic circulation and the different professional experiences — legal, political and linked to the administration of the State’s coercive activity (police or military — lived through by future members of the Supreme Courts of Brazil and the United States so as to identify the types of individuals recommended to join the top bodies of the Judiciary in the two countries. In this sense, different State-building processes are identified on the basis of the examination of Brazilian and US judicial elites, suggesting a more fragmented and diverse trajectory in the case of US justices, and greater homogeneity and centralization in the case of their Brazilian counterparts.

  13. The Professional Careers of Judges on the Criminal Court of Catalonia in the First Third of the 18th Century

    Directory of Open Access Journals (Sweden)

    Miguel Ángel MARTÍNEZ RODRÍGUEZ

    2011-01-01

    Full Text Available Catalonia underwent profound changes at the beginning at the eighteenth century. the Succession War put and end to the typical Catalan institutions under the Austria. At the end of this political conflict, the main royal institution, that’s to say the Real Audiencia, was awarded a new structure in 1716. this new one bears no resemblance to the previous period. And one of the major changes was the new sala penal. As a result of this fact, we’ve been interested in knowing their social background. We have been able to find useful data on their university studies, and the jobs they were offered before being well-known judges. These data have been intertwined with their family origins because in this way we can appreciate better why they had such interesting careers.

  14. The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2010-01-01

    Full Text Available The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

  15. The Role of Family Affect in Juvenile Drug Court Offenders' Substance Use and HIV Risk

    Science.gov (United States)

    Tolou-Shams, Marina; Hadley, Wendy; Conrad, Selby M.; Brown, Larry K.

    2012-01-01

    Family-based interventions targeting parenting factors, such as parental monitoring and parent-child communication, have been successful in reducing adolescent offenders' substance use and delinquency. This pilot, exploratory study focuses on family and parenting factors that may be relevant in reducing juvenile offenders' substance use and sexual…

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

    Science.gov (United States)

    Nessel, Paula A.

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

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

    Science.gov (United States)

    Nessel, Paula A.

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

  18. The systemic integration of international law by domestic courts: domestic judges as architects of the consistency of the international legal order

    NARCIS (Netherlands)

    d' Aspremont, J.; Fauchald, O.K.; Nollkaemper, A.

    2012-01-01

    The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which international

  19. Perspectives from the Bench: Technology in the Pittsburgh Courtroom An Interview with the Honorable Nora Barry Fischer, District Judge for the United States District Court for the Western District of Pennsylvania

    Directory of Open Access Journals (Sweden)

    Katie Angliss

    2011-04-01

    Full Text Available Judge Nora Barry Fischer has served as a district judge for the United States District Court for the Western District of Pennsylvania since 2007, when she was appointed by President George W. Bush. Prior to her service as a district judge, Judge Fischer worked as a legal editor at Callaghan & Company, was a partner in private practice at Meyer Darragh Buckler Bebenek & Eck, and was an equity partner at Pietragallo Bosick & Gordon. Additionally, Judge Fischer worked as a trained mediator and arbitrator in Pennsylvania and West Virginia. Judge Fischer is a Fellow of the American College of Trial Lawyers, an active member of the Executive Women’s Council of Pittsburgh, a past President of the Academy of Trial Lawyers of Allegheny County, and a member of the Pennsylvania Bar Association Commission on Women in the Profession, where she serves on the Mentoring Subcommittee. She received a Bachelor of Arts Degree magna cum laude from Saint Mary’s College, and a JD degree from Notre Dame Law School in 1976.

  20. 20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...

  1. Administrative Decision-Making in Reaction to a Court Judgment
    Can the Administrative Judge Guide the Decision-Making Process?

    OpenAIRE

    Marseille, A.T.; I.M. Boekema

    2013-01-01

    In Dutch administrative law, a court judgment does not always resolve the conflict at hand. If an administrative court quashes a decision by an administrative authority in a judgment from which there is no appeal, the authority should take a new decision. When such a new decision is taken, interested parties can decide to commence proceedings for the second time. This study seeks to investigate the factors influencing the administrative decision-making process and the degree to which repeated...

  2. Administrative Decision-Making in Reaction to a Court JudgmentCan the Administrative Judge Guide the Decision-Making Process?

    Directory of Open Access Journals (Sweden)

    A.T. Marseille

    2013-07-01

    Full Text Available In Dutch administrative law, a court judgment does not always resolve the conflict at hand. If an administrative court quashes a decision by an administrative authority in a judgment from which there is no appeal, the authority should take a new decision. When such a new decision is taken, interested parties can decide to commence proceedings for the second time. This study seeks to investigate the factors influencing the administrative decision-making process and the degree to which repeated litigation takes place.

  3. O poder dos juízes: Supremo Tribunal Federal e o desenho institucional do Conselho Nacional de Justiça The power of judges: the Supreme Court and the institutional design of the National Council of Justice

    Directory of Open Access Journals (Sweden)

    Ernani Carvalho

    2013-03-01

    constitutional amendment number 45 was a CNJ directed by members of the Brazilian Court. To achieve it we use a review of literature and data analysis. The argument is developed from the logic of approving institutional design CNJ tied to the interests of the STF is the best strategy to be developed by the members of the Court. This can be explained by: 1 The judges of the Supreme Court are important political actors; 2 The existence of judicial independence guaranteed by institutional prerogatives; 3 Political systems with a high degree of fragmentation increases the likelihood of judges (STF to approve their interests; 4 the existence of the mechanism of judicial review extends the degree of influence of the Supreme Courts and 5 Finally, the existence of informal mechanisms of persuasion facilitate the success of the judges of the Supreme Court. From the case study we conclude that: the Brazilian institutional design and the fragmented political system generated a powerful Supreme Court (STF which is responsible for centralized the judicial policy-making. The STF becoming, in this respect, a third chamber of the decision-making process.

  4. Juveniles on trial.

    Science.gov (United States)

    Quinn, Kathleen M

    2002-10-01

    This article describes common forensic evaluations requested of juvenile court mental health evaluators. There has been a legal shift toward criminalization of juvenile court, with a greater emphasis on rights, abandonment of the rehabilitative model, and greater movement of adolescents into the adult criminal court. A resulting shift has been the redefinition of juvenile court forensic evaluations toward the specificity of adult forensic work. The challenge for evaluators is to refine their knowledge of the forensic standards and bring knowledge of development, assessment, and diagnosis in juveniles and interview techniques appropriate to juveniles to improve the evaluation and forensic reports.

  5. Exploration on the Construction of Psychological Coun-seling System for Judges of Grassroots Courts%关于基层人民法院法官心理疏导体系创建探析

    Institute of Scientific and Technical Information of China (English)

    贾月亮; 凌华

    2014-01-01

    As defenders of social fairness and justice, judges' psychological health conditions directly relate to the playing of their role and the overall situation of judicial justice. Currently, judges are struggling to cope with the surge of legal cases and the prejudice of social public media against them, which results in a continuous increase of their psychological pressure, so their psy-chological health level can not be ignored. To research the psy-chological health conditions of judges in grassroots courts and the causes of their psychological pressure, and to explore a scientific psychological counseling system for them are of great significance to judges' physical and psychological health, and even the favor-able development of judicial administration.%法官作为社会公平正义的维护者,其心理健康状况直接关系到角色发挥和司法公正大局。随着案件量飙升,社会舆论对法官的偏见,法官疲于应付,心理压力不断增大,心理健康水平不容忽视。研究基层法院法官的心理健康状况,心理压力来源,探索出科学的法官心理疏导体系,对法官的身心健康乃至司法的良性发展有重要的作用。

  6. In the CJEU Judges Trust

    DEFF Research Database (Denmark)

    Mayoral, Juan A.

    2016-01-01

    This article aims to highlight the relevance of judicial trust in international courts, focusing on national judges' trust in the Court of Justice of the European Union (CJEU). EU scholars have put a great deal of effort into explaining how legal and political factors affect the use of preliminary...... references by national courts. However, there is still a gap in the literature on the development of trust as a functional principle encouraging co-operation between national and international courts. This article explores the nature, causes and potentials of judicial trust for the EU judicial system....... A theory is offered in the article, which links national judges' trust in the CJEU to their corporatist identification and profile, to their attitudes towards the EU, and to their beliefs about the CJEU's ability to provide decisions that: 1) offer a clear guidance on European Union law, and 2...

  7. Academician A.N. Sokolovsky and other prosecutors and judges who participated in the ULU (SVU trial (based on the materials of the State Political Department of the People’s Commissariat of Internal Affairs and the court records

    Directory of Open Access Journals (Sweden)

    B. G. Moskalov

    2017-06-01

    intellectuals and had a profound ideological and historical character. The specific forms of trial organization have been accentuated by the authors. Judges and prosecutors at this court were chosen properly, as it was expected that the «descents» from non-proletarian parties would prosecute their former colleagues from the Ukrainian democratic movement, i.e. to force national intellectuals or «conscious Ukrainians» to judge «conscious Ukrainians». It has been shown by the authors that the fates of the accused on the one hand and the judges and prosecutors on the other hand didn’t differ significantly. Almost all representatives of the adversary were also the victims of political repressions during the years of great terror. At the end of the investigation the authors came to the conclusion that all parties of trials, which were held in 1930 years, should be studied.

  8. Being (almost invisible: Victims of crime in the Italian juvenile criminal justice system

    Directory of Open Access Journals (Sweden)

    Vezzadini Susanna

    2014-01-01

    Full Text Available From 2008 to 2013 the author has been a Special Judge in the Juvenile Criminal Court of the Emilia Romagna Region. From that privileged perspective, it was possible to observe the dynamics of how victims of underage offenders were considered before the law, no differences if they are adults or minors, too. The reflections presented will first consider EU and UN provision on victims of crime; then, the normative framework supporting the Italian criminal juvenile justice system will be considered by an examining of the difficulties victims meet in that peculiar context. The implementation of juvenile criminal law shows the paradox victims of crime have to cope with. The Juvenile Criminal Court in Bologna recently started to promote a wide use of restorative justice measures as an attempt to correct the unfair consequences in the application of law, with judicial discretion interpreted as an instrument to favour victims’ harm recognition and to protect their dignity as persons.

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

    Science.gov (United States)

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

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

  10. Supreme Court Roundup

    Science.gov (United States)

    Williams, Charles F.

    2005-01-01

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

  11. Court Decisions Go Online in Beijing

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

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

  12. Power Sharing Courts

    Directory of Open Access Journals (Sweden)

    Stefan Graziadei

    2016-06-01

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

  13. 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.

  14. Does Judge Turnover Affect Judicial Performance?

    DEFF Research Database (Denmark)

    Guerra, Alice; Tagliapietra, Claudio

    2017-01-01

    Italy is among the countries with the highest litigation rate and those with the highest duration of trials. This article shows that judge turnover contributes negatively to delays in Italian courts and outlines possible policies for improvement. In Italy, judges can voluntarily move from one...... office to another after three years of mandate, and the law prescribes their transfer after ten years to guarantee their independence. Flaws in the process managing the backlog of outbound judges and the existence of asynchrony between outbound and inbound transfers produce a chain of delays...... to the disposition of court cases. Using a novel dataset on Court of Appeal Districts in Italy (2008–2012), we provide evidence of a strong negative relation between high turnover rates and judicial performance. We find that marginal increases in judge turnover rates lead to a statistically significant decrease...

  15. School-Related Characteristics of Male Juveniles.

    Science.gov (United States)

    Sapp, Gary L.; Abbott, Gypsy A.

    School-related characteristics of 256 male juveniles under the jurisdiction of a Family Court system were examined by perusing court records and conducting individual interviews with the juveniles. Results indicated that most juveniles last attended eighth grade, more than 81% had failed at least once, and more than half had fought frequently at…

  16. JUDGING SELECTION: APPOINTING CANADIAN JUDGES

    OpenAIRE

    Peter McCormick

    2015-01-01

    Since the 1970s, the appointment of trial judges in Canada has generally involved an arms-length committee of professionals, although the structure of these committees and their role in the process has varied from province to province, as well as evolving over time. Yet these “new” structures and “new” processes did not prevent a major judicial appointment scandal in the province of Quebec in 2010, culminating in the formation of the Bastarache Committee to recommend changes. This paper summa...

  17. The Impact of Two Los Angeles County Teen Courts on Youth Recidivism: Comparing Two Informal Probation Programs

    Science.gov (United States)

    Gase, Lauren N; Kuo, Tony; Lai, Elaine; Stoll, Michael A; Ponce, Ninez

    2016-01-01

    Objective This study sought to examine the impact of two Teen Courts operating in Los Angeles County, a juvenile justice system diversion program in which youth are judged by their peers and given restorative sentences to complete during a period of supervision. Methods A quasi-experimental design was used to compare youth who participated in Teen Court (n=112) to youth who participated in another diversion program administered by the Probation Department (the 654 Contract program) (n=194). Administrative data were abstracted from Probation records for all youth who participated in these programs between January 1, 2012 and June 20, 2014. Logistic and survival models were used to examine differences in recidivism - measured as whether the minor had any subsequent arrest or arrests for which the charge was filed. Results Comparison group participants had higher rates of recidivism than Teen Court participants, after controlling for age, gender, race/ethnicity, and risk level. While the magnitude of the program effects were fairly consistent across model specifications (odd ratios comparing Teen Court [referent] to school-based 654 Contract ranging from 1.95 to 3.07, hazard ratios ranging from 1.62 to 2.27), differences were not statistically significant in all scenarios. Conclusions While this study provides modest support for the positive impact of Teen Court, additional research is needed to better understand how juvenile diversion programs can improve youth outcomes. PMID:27547171

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

    Directory of Open Access Journals (Sweden)

    Pamela Ryder-Lahey

    2008-01-01

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

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

    Science.gov (United States)

    Butts, Jeffrey A.; Buck, Janeen

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

  20. Miranda Rights: Implications for Juveniles with Disabilities

    Science.gov (United States)

    Katsiyannis, Antonis; Barrett, David E.; Losinski, Mickey L.

    2011-01-01

    Juvenile delinquency in the United States has been a persistent concern for decades. Consequently, because more juveniles have been referred to juvenile court and the arrest rate of preteen offenders has increased to almost three times that of older youth, the persistent and often controversial issue of the capacity of juvenile offenders to waive…

  1. Federal Judge Orders Showing of Controversial Film.

    Science.gov (United States)

    Flygare, Thomas J.

    1987-01-01

    Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…

  2. JUDGING SELECTION: APPOINTING CANADIAN JUDGES

    Directory of Open Access Journals (Sweden)

    Peter McCormick

    2015-05-01

    Full Text Available Since the 1970s, the appointment of trial judges in Canada has generally involved an arms-length committee of professionals, although the structure of these committees and their role in the process has varied from province to province, as well as evolving over time. Yet these “new” structures and “new” processes did not prevent a major judicial appointment scandal in the province of Quebec in 2010, culminating in the formation of the Bastarache Committee to recommend changes. This paper summarizes the forty-year history of Canadian judicial appointment committees, identifies the major challenges that face those committees, and suggests the basic values toward which reforms to the appointment process might be directed. Depuis les années 1970, la nomination des juges de première instance au Canada a généralement mis à contribution un comité de professionnels indépendants, bien que la structure de ce comité et son rôle dans le processus de nomination aient varié d’une province à l’autre et évolué avec le temps. Ces « nouvelles » structures et « nouveaux » processus n’ont certes pas empêché l’éclatement du scandale sur la nomination des juges au Québec en 2010. Ce scandale a donné lieu à la formation de la Commission Bastarache qui avait notamment le mandat de recommander des changements. La présent document résume les quarante ans d’histoire des comités canadiens de nomination des juges, recense les principaux défis que ces comités doivent relever, et propose les valeurs fondamentales qui devraient inspirer les réformes du processus de nomination.

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

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

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

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

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

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

  5. Judging the judges' performance in rhythmic gymnastics.

    Science.gov (United States)

    Flessas, Konstantinos; Mylonas, Dimitris; Panagiotaropoulou, Georgia; Tsopani, Despina; Korda, Alexandrea; Siettos, Constantinos; Di Cagno, Alessandra; Evdokimidis, Ioannis; Smyrnis, Nikolaos

    2015-03-01

    Rhythmic gymnastics (RG) is an aesthetic event balancing between art and sport that also has a performance rating system (Code of Points) given by the International Gymnastics Federation. It is one of the sports in which competition results greatly depend on the judges' evaluation. In the current study, we explored the judges' performance in a five-gymnast ensemble routine. An expert-novice paradigm (10 international-level, 10 national-level, and 10 novice-level judges) was implemented under a fully simulated procedure of judgment in a five-gymnast ensemble routine of RG using two videos of routines performed by the Greek national team of RG. Simultaneous recordings of two-dimensional eye movements were taken during the judgment procedure to assess the percentage of time spent by each judge viewing the videos and fixation performance of each judge when an error in gymnast performance had occurred. All judge level groups had very modest performance of error recognition on gymnasts' routines, and the best international judges reported approximately 40% of true errors. Novice judges spent significantly more time viewing the videos compared with national and international judges and spent significantly more time fixating detected errors than the other two groups. National judges were the only group that made efficient use of fixation to detect errors. The fact that international-level judges outperformed both other groups, while not relying on visual fixation to detect errors, suggests that these experienced judges probably make use of other cognitive strategies, increasing their overall error detection efficiency, which was, however, still far below optimum.

  6. 破产法中法院审判职能的理性回归与改革路径探析%Bankruptcy Court Judge in the Function of the Rational Return and Reform Path in this Pape

    Institute of Scientific and Technical Information of China (English)

    陈义华

    2012-01-01

    本文认为,新破产法对法院的职能定位存在着公权越位和私权错位的立法失误。当前破产法中法院职能应向"去行政化"与"去民事化"方向改革,以实现破产审判职能的理性回归。在"去行政化"改革方面,可以在现行司法行政体系内设置破产管理人监管处(科)的司法行政管理部门,并推行破产管理人执业许可制度;在"去民事化"改革方面,在破产管理人的选任和报酬确定上,则应实行以债权人会议决定为主、人民法院指定为辅的立法模式。%The functional orientation of new bankruptcy law exists offside public rights and proprietary dislocation of legislative faults. The current in the law the function of the bankruptcy court should be Toward reform to "go administration is changed" and "to the civil",in order to realize the bankruptcy reform trial function the rational return.In terms of reform to "go administration is changed" , should be in judicial administrative system installed in bankruptcy administrator supervision (division) in the judicial ad- ministrative departments,and promote bankruptcy administrator practice license system;In terms of reform to "to the civil" ,should determine the creditors" meeting decided to give priority to,the people's court to designate as the auxiliary legislation mode in bankruptcy administrator of the selection and reward.

  7. The Judge as Linguist: Linguistic Principles as a Rule of Law.

    Science.gov (United States)

    Solan, Lawrence

    The role of court judges as linguists is discussed. Linguistic issues arise in courts when lawyers attempt to convince a court that a statute, insurance policy, or contract should be interpreted as favoring their own client's interests, with respect to resolving a dispute that depends on the proper construal of a particular document. An…

  8. Training and Recruitment of Judges in Germany

    Directory of Open Access Journals (Sweden)

    Johannes Riedel

    2013-10-01

    Full Text Available Training of German judges is part of general legal education which is the same for all regulated legal professions (judges, prosecutors, practising lawyers, lawyers in administration and private employment. This uniform qualification is acquired by passing two exams administered by the state, i.e. the Länder (not the Federation, the first exam after university studies and the second exam after state-organized practical training. The paper gives an overview of this system of legal education. Germany, as a rule, has career judges. Courts of first and second instance are administered by the Länder, therefore the Länder judicial administrations are also responsible for recruitment of young career judges. General criteria for appointment to any public office are laid down in the German constitution (Grundgesetz. Apart from this, selection proceedings differ in detail, although elaborate lists of criteria (employee profiles, competence profiles are widely used. Professional competence is judged with emphasis on exam results; personal competence and social competence are assessed in interviews with appointment commissions or staff managers of ministries of justice. The paper provides details of these proceedings and also gives the author’s personal experience with recruitment proceedings in the Court of Appeal district of Cologne.

  9. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

    justice, no such information is available at all. There is also a lack of empirical principles related to the "self-image of judges", i.e. how judges in Switzerland see themselves. Empirical research into the activities of lay judges also remains in its infancy in Switzerland, whereas in other countries, the relevant principles are available. It has, however, been possible to obtain initial findings on the functioning of the federal courts while evaluating the effectiveness of the new federal justice system.

  10. The Professional Careers of Judges on the Criminal Court of Catalonia in the First Third of the 18th Century Trayectoria profesional de los magistrados de la Sala Penal de la Real Audiencia Catalana en el primer tercio del setecientos

    Directory of Open Access Journals (Sweden)

    Miguel Ángel MARTÍNEZ RODRÍGUEZ

    2011-01-01

    Full Text Available Catalonia underwent profound changes at the beginning at the eighteenth century. the Succession War put and end to the typical Catalan institutions under the Austria. At the end of this political conflict, the main royal institution, that’s to say the Real Audiencia, was awarded a new structure in 1716. this new one bears no resemblance to the previous period. And one of the major changes was the new sala penal. As a result of this fact, we’ve been interested in knowing their social background. We have been able to find useful data on their university studies, and the jobs they were offered before being well-known judges. These data have been intertwined with their family origins because in this way we can appreciate better why they had such interesting careers.La Guerra de Sucesión representó un dramático punto y final a las instituciones propias del Principado durante la etapa foral. incluso certificó la defunción del proyecto que tenía el Archiduque Carlos para la Audiencia catalana. Las esperanzas que puso la clase dirigente catalana en las cortes de 1705-1706 no se concretaron en el inmediato futuro. el decreto de nueva Planta afectó de lleno a la Real Audiencia catalana, ya que la corona aprobó un nuevo organigrama para el alto tribunal de justicia catalán. en este sentido, la reaparición de la sala penal significó homologar la praxis judicial catalana con la del resto de España. Para calibrar en su justa medida este hecho hemos prestado especial atención a la trayectoria profesional y familiar de los magistrados que dieron vida a la misma. Información imprescindible para conocer a fondo el papel que tuvieron los mismos en estos momentos iniciales de la etapa borbónica.

  11. Forensic aspects of juvenile violence.

    Science.gov (United States)

    Haller, L H

    2000-10-01

    The juvenile justice system was created because it was recognized that youthful offenders needed to be managed differently from adults. They were to receive habilitation services instead of punishment. It is now more than a century since the creation of the first juvenile court. After 67 years, the US Supreme Court, in Kent v United States stated that the model was not working because juveniles in the criminal justice system received no treatment and they had no rights. Because the issue that had been appealed was the lack of rights (not lack of treatment), the Court mandated that juveniles, like adults, be given certain rights. The following year, in In re Gault, the Court expanded these rights. Subsequent Supreme Court cases have dealt with these kinds of issues--that is, whether juvenile offenders are entitled to the same rights as adults and subject to the same penalties. The Supreme Court has never heard a "right to treatment" case, which is the other part of the juvenile court system. Cases have been brought in lower courts (e.g., Nelson v. Heyne, 1972) alleging inadequate treatment services, but no national impact has resulted. Thus, in general, children in the juvenile court system do not have an enforceable right to treatment and can obtain only what services are available in their jurisdictions. The services often are woefully inadequate. Sentencing a youth to probation, with the requirement that he or she participate in counseling or mental health treatment, is meaningless if services are not available. Community-based, model programs that provide effective treatment do exist. They are, as yet, the rare exception rather than the norm and, therefore, are not available to most youthful offenders. Incarcerated juveniles, obviously, cannot avail themselves of community programs. Litigation to give these youth the same rights as adults in penal institutions is not the answer because incarcerated adults don't have a right to treatment, only a right to be free

  12. 由“彭宇案”看裁判诚信与依良心审判--兼谈《民诉法》第13条第1款对法院和法官的适用性%The judicial integrity and judge according to the conscience--on the “applicability” of paragraph 1 of article 13 of“Civil Procedure Law” to the court and judge

    Institute of Scientific and Technical Information of China (English)

    唐东楚; 李毅

    2014-01-01

    The “Peng Yu case” reflects the social good faith crisis and the requirements for judicial integrity. The“applicability” of the principle of good faith on the conduct of the court and judge of Article 13, paragraph 1 of our“Civil Procedure Law” includes the indirect applicability in the sense of law declaration and the direct applicability in the sense of referee quotation: the former is sure but should not be abused, which the latter appears to be very beautiful but with limited functions. The judicial integrity requires due diligence trial according to law, the prohibition of raid trail and the abuse to discretion. The good faith principle of civil procedure has the functions of the orientation of judicial integrity, the integrity resolution of the trial conduct of Civil Procedure “system violates”, the integrity of the interests balance of the parties and the second discipline of dishonest conduct of the trial. By their very nature, judicial integrity is conscientious trail in compliance with due process and the method of applicability of good faith principle.%“彭宇案”折射了社会的诚信危机和对裁判诚信的期待。《民诉法》第13条第1款诚信原则对法院和法官的“适用性”,包括法律宣示意义上的间接适用与裁判援引意义上的直接适用:前者毋庸置疑但不宜滥用,后者看似很美然功能有限。裁判诚信要求依法尽职裁判、禁止突袭裁判和不得滥用自由裁量权;民诉法诚信原则条款对法院和法官具有诚信引导、解决民诉法“体系违反”、衡平各方诉讼利益、事后惩戒等功能。裁判诚信的本质,是依照法律和程序,在遵循法律原则适用即衡平方法前提下的依良心审判。

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

    DEFF Research Database (Denmark)

    Mayoral, Juan A.; Wind, Marlene

    2016-01-01

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

  14. JudgeD: a probabilistic datalog with dependencies

    NARCIS (Netherlands)

    Wanders, Brend; Keulen, van Maurice; Flokstra, Jan

    2016-01-01

    We present JudgeD, a probabilistic datalog. A JudgeD program defines a distribution over a set of traditional datalog programs by attaching logical sentences to clauses to implicitly specify traditional data programs. Through the logical sentences, JudgeD provides a novel method for the expression o

  15. JudgeD: a probabilistic datalog with dependencies

    NARCIS (Netherlands)

    Wanders, B.; van Keulen, Maurice; Flokstra, Jan

    2016-01-01

    We present JudgeD, a probabilistic datalog. A JudgeD program defines a distribution over a set of traditional datalog programs by attaching logical sentences to clauses to implicitly specify traditional data programs. Through the logical sentences, JudgeD provides a novel method for the expression

  16. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  17. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure...

  18. Juvenile Delinquency and Teenage Pregnancy: A Comparison of Ecological Risk Profiles among Midwestern White and Black Female Juvenile Offenders

    Science.gov (United States)

    Khurana, Atika; Cooksey, Elizabeth C.; Gavazzi, Stephen M.

    2011-01-01

    The authors examined ecological risk factors associated with teen pregnancy with a sample of 1,190 court-involved female juvenile offenders between 11 and 18 years of age. Data were obtained from five Midwestern juvenile county courts using a recently developed youth risk assessment instrument called the global risk assessment device (GRAD). In…

  19. Juvenile Delinquency and Teenage Pregnancy: A Comparison of Ecological Risk Profiles among Midwestern White and Black Female Juvenile Offenders

    Science.gov (United States)

    Khurana, Atika; Cooksey, Elizabeth C.; Gavazzi, Stephen M.

    2011-01-01

    The authors examined ecological risk factors associated with teen pregnancy with a sample of 1,190 court-involved female juvenile offenders between 11 and 18 years of age. Data were obtained from five Midwestern juvenile county courts using a recently developed youth risk assessment instrument called the global risk assessment device (GRAD). In…

  20. Juvenile Justice Reform Initiatives in the States: 1994-1996. Program Report.

    Science.gov (United States)

    National Criminal Justice Association, Washington, DC.

    This overview of recent state juvenile justice reform measures and identifies issues and trends associated with state juvenile reform initiatives. The report explains some of the more punitive measures, such as new criminal court transfer authority and expanded juvenile court sentencing options. Many states have balanced these steps with enhanced…

  1. Second Chances: Giving Kids a Chance To Make a Better Choice. Juvenile Justice Bulletin.

    Science.gov (United States)

    Department of Justice, Washington, DC. Office of Juvenile Justice and Delinquency Prevention.

    In commemoration of the juvenile court's centennial, the Justice Policy Institute of the Center on Juvenile and Criminal Justice and the Children and Family Justice Center of Northwestern University School of Law profiled 25 individuals who were petitioned into juvenile court as serious delinquents when they were young and then turned their lives…

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

    Science.gov (United States)

    Degelman, Charles

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

  3. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  4. COURT INTERPRETING AT DENPASAR COURT

    Directory of Open Access Journals (Sweden)

    Ida Ayu Made Puspani

    2012-11-01

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

  5. Juvenile angiofibroma

    Science.gov (United States)

    Nasal tumor; Angiofibroma - juvenile; Benign nasal tumor; Juvenile nasal angiofibroma; JNA ... Juvenile angiofibroma is not very common. It is most often found in adolescent boys. The tumor contains ...

  6. Towards a More Responsive Judge: Challenges and Opportunities

    Directory of Open Access Journals (Sweden)

    Machteld W. de Hoon

    2014-11-01

    Full Text Available This paper explores the changes that have taken place in the attitude of judges towards their role and tasks as well as actual judicial practices. The result of this exploration is a reflection upon the challenges and opportunities for a new, more responsive judge. The main characteristic of this new judge is that he or she looks beyond the purely legal coordinates of the dispute, in order to discuss which method of dispute resolution (a settlement, a referral to mediation or a court decision is most likely to result in a viable and sustainable solution. These changes in attitude are part of broader developments that have taken place in actual judicial practices. The context in which these changes have occurred helps us to gain a better understanding of the changes, the barriers to change and the opportunities to overcome these challenges. The leading assumption in this research is that during the past ten years there has been an extensive change in the way judges think about their role in dispute resolution and at the same time many judges experience difficulties in applying their new-found understanding to their work in the courts. Our data have been gathered through court observations, interviews and expert meetings. In addition, our analyses are based on relevant literature in the field of judicial dispute resolution (JDR as well as insights from our own previous research projects. We primarily focus on civil and administrative disputes in the Netherlands. Occasionally, we also point to trends and challenges elsewhere.

  7. Administrative Law Judges

    Science.gov (United States)

    The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws.

  8. Group sexual offending by juvenile females

    NARCIS (Netherlands)

    Wijkman, M.; Weerman, F.; Bijleveld, C.; Hendriks, J.

    2015-01-01

    This study examined all group sexual offending cases in the Netherlands between 1995 and 2009 (n = 26) in which at least one juvenile female offender (n = 35) had been adjudicated. Information from court files showed that the majority of juvenile female group sexual offenders have (inter)personal pr

  9. Egyptian court overturns ban on genital mutilation.

    Science.gov (United States)

    1997-07-04

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

  10. Chronic Juvenile Delinquency and the "Suppression Effect": An Exploratory Study.

    Science.gov (United States)

    Fraser, Mark; Norman, Michael

    1988-01-01

    Notes that fear of apprehension and punishment have been reported to suppress juvenile crime. Discusses suppression effect in regard to the correlates of chronic juvenile delinquency and exploratory evidence that youth who commit large volume of crime do not fear sanctions imposed by juvenile court any more than youth who commit only one offense…

  11. Harmless error analysis: How do judges respond to confession errors?

    Science.gov (United States)

    Wallace, D Brian; Kassin, Saul M

    2012-04-01

    In Arizona v. Fulminante (1991), the U.S. Supreme Court opened the door for appellate judges to conduct a harmless error analysis of erroneously admitted, coerced confessions. In this study, 132 judges from three states read a murder case summary, evaluated the defendant's guilt, assessed the voluntariness of his confession, and responded to implicit and explicit measures of harmless error. Results indicated that judges found a high-pressure confession to be coerced and hence improperly admitted into evidence. As in studies with mock jurors, however, the improper confession significantly increased their conviction rate in the absence of other evidence. On the harmless error measures, judges successfully overruled the confession when required to do so, indicating that they are capable of this analysis.

  12. Dermatomyositis (Juvenile)

    Science.gov (United States)

    ... Am A Patient / Caregiver Diseases & Conditions Dermatomyositis (Juvenile) Dermatomyositis (Juvenile) Fast Facts Patients with JDM have varying ... What are common signs and symptoms of juvenile dermatomyositis? The most common signs and symptoms of JDM ...

  13. Retinoschisis (Juvenile)

    Science.gov (United States)

    ... here Home › Eye Conditions Listen Retinoschisis What is Juvenile Retinoschisis? Juvenile retinoschisis is an inherited disease diagnosed in childhood ... degeneration of the retina. What are the symptoms? Juvenile retinoschisis, also known as X-linked retinoschisis, occurs ...

  14. Juvenile justice mental health services.

    Science.gov (United States)

    Thomas, Christopher R; Penn, Joseph V

    2002-10-01

    As the second century of partnership begins, child psychiatry and juvenile justice face continuing challenges in meeting the mental health needs of delinquents. The modern juvenile justice system is marked by a significantly higher volume of cases, with increasingly complicated multiproblem youths and families with comorbid medical, psychiatric, substance abuse disorders, multiple family and psychosocial adversities, and shrinking community resources and alternatives to confinement. The family court is faced with shrinking financial resources to support court-ordered placement and treatment programs in efforts to treat and rehabilitate youths. The recognition of high rates of mental disorders for incarcerated youth has prompted several recommendations for improvement and calls for reform [56,57]. In their 2000 annual report, the Coalition for Juvenile Justice advocated increased access to mental health services that provide a continuum of care tailored to the specific problems of incarcerated youth [58]. The specific recommendations of the report for mental health providers include the need for wraparound services, improved planning and coordination between agencies, and further research. The Department of Justice, Office of Juvenile Justice and Delinquency Prevention has set three priorities in dealing with the mental health needs of delinquents: further research on the prevalence of mental illness among juvenile offenders, development of mental health screening assessment protocols, and improved mental health services [59]. Other programs have called for earlier detection and diversion of troubled youth from juvenile justice to mental health systems [31,56]. Most recently, many juvenile and family courts have developed innovative programs to address specific problems such as truancy or substance use and diversionary or alternative sentencing programs to deal with first-time or nonviolent delinquents. All youths who come in contact with the juvenile justice system

  15. Overview of Specialized Courts

    OpenAIRE

    2009-01-01

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

  16. Supreme Court to hear Florida clinic access case.

    Science.gov (United States)

    1994-04-15

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

  17. The Judge on Facebook

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2015-07-01

    Full Text Available In many social realms, social media are employed by institutions to establish direct relations between ‘key agents’ and their clients or customers. In this article I explain why as yet the civil law judge cannot be expected to start using social networking sites to advance the transparency of the judicial decision-making process in a relatively open, form-free interaction with his or her ‘clients’. This explanation is grounded on the hybrid character of social networking sites. On the one hand, these sites are direct, interactive, informal, and personalized media; but on the other, they are public and basically permanent. Their direct, interactive, informal and personalized character is highly compatible with the multimodal, network-embedded, form-free self-representation of the modern judge in the courtroom. However, their public and permanent character manifests in the second performance of a judge, being held publicly and permanently accountable for what is decided. This performance is characterized by a unimodal, ‘punctualized’, formal self-representation. Referring to the work of legal sociologists as well as discourse scholars, it is underlined how much this public judicial self-representation is part of a persistent ritual that renders it incompatible with direct, interactive, informal and personalized communication. The hybrid character of social media does not allow judges to utilize them to act as key-agents: to open up the ‘backstage area’ to reveal the actual dynamics of the decision-making process, and to transparently connect the judicial performance in the courtroom session with the second performance when issuing a decision.

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

    Science.gov (United States)

    King, Michael; Batagol, Becky

    2010-01-01

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

  19. Establishing Sentencing Guidelines for Military Courts-Martial

    Science.gov (United States)

    2014-11-01

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

  20. Effects of the JCCS Curriculum on Juveniles' Legal Knowledge, Competency, and Anxiety

    Science.gov (United States)

    Murdock, Leslie Strasser

    2013-01-01

    Current law requires that juveniles be competent to stand trial prior to their involvement as defendants in court. According to "Dusky v. US," a defendant must have a rational and factual understanding of the court proceedings to be deemed competent to stand trial. Past studies call into question whether juveniles at any age could meet…

  1. Judging the Judges: finding value in these problematic characters

    Directory of Open Access Journals (Sweden)

    L R Martin

    2008-05-01

    Full Text Available The biblical judges are well known for their less than exemplary behaviour. In the past, these judges have been appreciated largely as examples of how a charismatic leader should not behave. In spite of the judges� questionable morals, the writer of the book of Hebrews commends four of them (Barak, Gideon, Jephthah, and Samson for their faith. This paper evaluates these judges in light of their characterisations in the book of Hebrews and in the book of Judges and suggests that our struggle with the judges parallels the contemporary integrity crisis in Christian leadership.

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

    Science.gov (United States)

    1995-06-30

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

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

    NARCIS (Netherlands)

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

    2014-01-01

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

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

    Science.gov (United States)

    Chilton, Bradley; Chwialkowski, Paul

    2014-01-01

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

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

    Science.gov (United States)

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

    2017-08-01

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

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

    OpenAIRE

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

    2011-01-01

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

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

    Science.gov (United States)

    Roman, Jaime Rene

    2013-04-01

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

  8. On the complexity of traffic judges' decisions

    Directory of Open Access Journals (Sweden)

    David Leiser

    2008-12-01

    Full Text Available Professional judges in traffic courts sentence many hundreds of offenders per year. Using 639 case files from archives, we compared the Matching Heuristic (MH to compensatory, weighing algorithms (WM. We modeled and cross validated the models on different subsets of the data, and took several other methodological precautions such as allowing each model to select the optimal number of variables and ordering and weighing the variables in accordance to different logics. We did not reproduce the finding by Dhami (2003, who found the MH to be superior to a compensatory algorithm in modeling bail-granting decisions. These simulations brought out the inner logic of the two family of models, showing what combination of parameters works best. It remains remarkable that using only a fraction of the variables and combining them non-compensatorily, MH obtained nearly as good a fit as the weighing method.

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

    Science.gov (United States)

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

    2011-01-01

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

  10. Judges Awareness, Understanding, and Application of Digital Evidence

    Directory of Open Access Journals (Sweden)

    Gary C Kessler

    2011-03-01

    Full Text Available As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence.This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the first in the U.S. to examine judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a published digital forensics study, demonstrating the applicability of that methodology to this discipline.

  11. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

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

  12. Sentencing Juveniles to Life in Prison: The Reproduction of Juvenile Justice for Young Adolescents Charged with Murder

    Science.gov (United States)

    Singer, Simon I.

    2011-01-01

    In "Roper v. Simmons," the U.S. Supreme Court determined that the sentencing of juveniles to death violated the constitutional amendment against cruel and unusual punishment. Similarly, the Court most recently decided that life without parole for non-homicide offenses is also unconstitutional ("Graham v. Florida," 2010). Part of the reason for the…

  13. Predicting Educational Risks among Court-Involved Black Males: Family, Peers, and Mental Health Issues

    Science.gov (United States)

    Gavazzi, Stephen M.; Russell, Christiana M.; Khurana, Atika

    2009-01-01

    Disproportionately large numbers of Black youth experience repeated encounters with the juvenile justice system, and often these same youth present with a variety of school-related difficulties. Data from a sample of 842 Black males, assessed in five Ohio juvenile courts using the Global Risk Assessment Device (GRAD), are used to describe the…

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

    Science.gov (United States)

    1997-03-21

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

  15. Juvenile Scleroderma

    Science.gov (United States)

    Juvenile Scleroderma INTRODUCTION Every parent will experience a moment of panic when told their child has scleroderma. ... in all their family members as well. CONCLUSION Juvenile scleroderma can be unsettling for the child and ...

  16. Genetics in the courts

    Energy Technology Data Exchange (ETDEWEB)

    Coyle, Heather; Drell, Dan

    2000-12-01

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

  17. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

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

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

    Science.gov (United States)

    1997-10-31

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

  19. Juvenile female sex offenders: Offender and offence characteristics

    NARCIS (Netherlands)

    Wijkman, M.; Bijleveld, C.; Hendriks, J.

    2014-01-01

    Almost all research on juvenile sex offending pertains to adolescent males. This study comprises all female juveniles convicted for sexual offences in the Netherlands between 1993 and 2008 (N = 66). From analysis of their court files and their criminal records, these female offenders are described i

  20. Juvenile Crime and Criminal Justice: Resolving Border Disputes

    Science.gov (United States)

    Fagan, Jeffrey

    2008-01-01

    Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court, essentially redrawing the boundary between the juvenile and adult justice systems. Jeffrey Fagan examines the legal…

  1. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

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

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

    Science.gov (United States)

    Williams, Charles F.

    2002-01-01

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

  3. 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.

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

    Science.gov (United States)

    1996-06-14

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

  5. Mediation involving a juvenile perpetrators of criminal acts

    Directory of Open Access Journals (Sweden)

    Małgorzata Cwalina

    2012-12-01

    Full Text Available The article describes issues concerning mediatory proceedings regarding juvenile court cases in Poland. It was based on original master’s dissertation entitled “Mediation as a form of protection of the juvenile against stigma”. Mediation is most often defined as a voluntary attempt to resolve the conflict and to reach an agreement as it regards the compensation, in presence of impartial and neutral mediator. By contrast with court cases, mediation’s aim is not to point out who is right, but to find a solution of conflict, satisfactory to all parties. Fundamental aim of mediation within juvenile cases is educational and reformatory influence.

  6. Judges as Fiscal Activists: Can Constitutional Review Shape Public Finance?

    Directory of Open Access Journals (Sweden)

    Kantorowicz Jarosław

    2014-07-01

    Full Text Available The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this research gap. A judicial (constitutional review constitutes the central element of the current analysis since it is considered as a key institutional device through which Constitutional (Supreme Courts intervene in politics, including public finance. Specifically, this paper seeks to investigate empirically whether there is any systematic pattern according to which judges executing judicial review shape fiscal outcomes. The conceptual framework is based on the strategic interaction model and the assumption that the Constitutional Courts reflect public opinion (i.e. the Court as a majoritarian institution. Some preliminary results for a panel of 24 EU countries in the period 1995–2005 suggest that a strong judicial review correlates with a smaller size of government, measured as government income to GDP.

  7. Authorship in cases of organized irresponsibility: a proposal for systematization of the criteria of the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Lucas Nogueira Garcez

    2014-03-01

    Full Text Available Established in 2002, the International Criminal Court was the first permanent court with jurisdiction to investigate and judge crimes against humanity. Although recent, the Court has a significant number of precedent cases, in which it has set criteria to define perpetrators and acessories. The critical evaluation of the choices of a Court depends firstly on having a general view of which are those choices. This essay analy- ses and systematizes, by a decision diagram, the criteria established in the precedents of the International Criminal Court to define perpetrators and acessories.

  8. Juveniles tried as adults: the age of the juvenile matters.

    Science.gov (United States)

    Semple, Jaclyn K; Woody, William Douglas

    2011-08-01

    Serious juvenile crimes require evaluation of a child as a criminal defendant in adult court. In such cases, it is crucial to understand jurors' attitudes, biases, and ability to follow legal instructions and maintain fairness. 308 undergraduate psychology students served as mock jurors, were randomly separated into four groups, and each group read the same realistic summary of a trial with the defendant's age presented as 13, 15, 17, or 21 years. Participants were asked to render guilty or not guilty verdicts and, if guilty, to suggest sentences. Chi-squared analysis indicated 13- and 15-year-old defendants were convicted less often than 17- and 21-year-old defendants, showing that jurors distinguished between juvenile defendants of different ages, but not minors and adults as defined by law. Additional analysis showed that age did not affect sentencing recommendations. Decision processes jurors use for juveniles tried as adults are discussed.

  9. American juvenile justice system: history in the making.

    Science.gov (United States)

    Meng, Aaron; Segal, Roland; Boden, Eric

    2013-01-01

    The original theory behind separating juvenile offenders from adult offenders was to provide care and direction for youngsters instead of isolation and punishment. This idea took hold in the 19th century and became mainstream by the early 20th century. In the 1950s and 1960s, public concern grew because of a perceived lack of effectiveness and lack of rights. The Supreme Court made a series of rulings solidifying juvenile rights including the right to receive notice of charges, the right to have an attorney and the right to have charges proven beyond a reasonable doubt. In the 1980s, the public view was that the juvenile court system was too lenient and that juvenile crimes were on the rise. In the 1990s, many states passed punitive laws, including mandatory sentencing and blanket transfers to adult courts for certain crimes. As a result, the pendulum is now swinging back toward the middle from rehabilitation toward punishment.

  10. Civil Justice: Lay Judges in the EU Countries

    Directory of Open Access Journals (Sweden)

    Stefan Machura

    2016-06-01

    Full Text Available Lay judges fulfill important functions for the justice system of a country. In the European Union member states, scholars have analysed the use of lay judges in criminal cases. However, little is known about lay participation in civil justice. The paper introduces commonly cited reasons to have lay judges as well as the principal forms of lay participation and then surveys the EU countries for its implementation in civil cases. Mixed tribunals, involving lay judges under the leadership of a professional judge, are relatively frequent. Several countries have special labour courts or commercial courts with lay members and others have single lay judges, or all-lay judge panels. Roughly a third of the 28 EU member states have no lay participation in civil justice but only three of those have no lay judges in any branch of the courts. Almost all the reasons for including lay decision makers are served somehow by the existing forms, including providing different experiences and perhaps expert knowledge. The article concludes, citing non-EU states and lay participation in criminal and administrative courts as further evidence, that lay judges in one form or another are an element of European legal systems. Los jueces legos cumplen funciones importantes para el sistema de justicia de un país. En los Estados miembro de la Unión Europea, académicos han analizado el uso de jueces legos en casos criminales. Sin embargo, se sabe poco acerca de la participación de los legos en la justicia civil. El artículo presenta las razones que habitualmente se citan para tener jueces legos, así como las formas principales de la participación de legos, para a continuación medir su implementación en casos civiles en los países de la Unión Europea. Son relativamente frecuentes los tribunales mixtos, en los que participan jueces legos, bajo la dirección de un juez profesional. Varios países tienen tribunales laborales especiales o tribunales comerciales con

  11. Individual Evaluation of Judges in Germany

    Directory of Open Access Journals (Sweden)

    Johannes Riedel

    2014-12-01

    Full Text Available In Germany, with the exception of the five federal supreme courts, court organization is a responsibility of the Länder (federal states. In some of the Länder, so-called employee profiles (“Anforderungsprofile“ have been established for judicial office. These lists attempt to describe criteria for certain judicial positions. They are applied in the process of promotion but also serve as an indicator for initial appointment.The European picture with respect to individual evaluation of judges is extremely diverse. In preparation for this paper, the author attempted to ascertain the situation in the Council of Europe member states. The results of this survey (to which 23 members of the CCJE have replied are listed in Appendix I.The general difficulty of professional evaluation of judges lies in the limits that have to be observed for constitutional reasons. In Germany, the overall rule of every evaluation is that there has to be a reliable factual basis. The evaluator is under a duty not to omit relevant aspects, to consider all the facts that make part of the picture, not to select arbitrarily but to try to paint a true and full picture of the person who is being evaluated. In the case of judges, it is unacceptable to comment on the core of judicial decision-making. Evaluations may be challenged in the administrative court on grounds of fact as well as on grounds of law. En Alemania, con la excepción de las cinco cortes supremas federales, la organización judicial es responsabilidad de los Länder (estados federales. En algunos de estos Länder, se han establecido los denominados perfiles de empleados (“Anforderungsprofile” para la oficina judicial. Estas listas pretenden describir los criterios para determinados cargos judiciales. Se aplican en los procesos de promoción, pero también sirven como un indicador para el nombramiento inicial.El panorama europeo respecto a la evaluación individual de los jueces es muy diverso. Preparando

  12. 8 CFR 1003.24 - Fees pertaining to matters within the jurisdiction of an immigration judge.

    Science.gov (United States)

    2010-01-01

    ... jurisdiction of an immigration judge. 1003.24 Section 1003.24 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.24 Fees pertaining to matters within the jurisdiction of...

  13. Offenders, Judges, and Officers Rate the Relative Severity of Alternative Sanctions Compared to Prison

    Science.gov (United States)

    Moore, Nathan T.; May, David C.; Wood, Peter B.

    2008-01-01

    Recent work suggests that offenders rate several alternatives as more severe than imprisonment. We build on this literature by comparing punishment exchange rates generated by criminal court judges with rates generated by offenders and their supervising officers. Findings reveal that none of the three groups rates prison as the most severe…

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

    Directory of Open Access Journals (Sweden)

    Peter H. Solomon

    2008-10-01

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

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

    NARCIS (Netherlands)

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

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Mircea DAMASCHIN

    2011-08-01

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

  17. HUD Administrative Law Judges Decisions

    Data.gov (United States)

    Department of Housing and Urban Development — This site contains substantive and precedential decisions issued by the Office of Administrative Law Judges. The site does not contain subsequent rulings or...

  18. 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.

  19. Juvenile Arthritis

    Science.gov (United States)

    Juvenile arthritis (JA) is arthritis that happens in children. It causes joint swelling, pain, stiffness, and loss of motion. It can affect any joint, but ... of JA that children get is juvenile idiopathic arthritis. There are several other forms of arthritis affecting ...

  20. [Juvenile scleroderma].

    Science.gov (United States)

    de Mâcedo, Patrícia Andrade; Shinjo, Samuel Katsuyuki; Goldenstein-Schainberg, Cláudia

    2008-01-01

    Juvenile scleroderma is a rare childhood condition characterized by fibrosis of the skin and internal organs. Clinical manifestations of childhood scleroderma are different from adult disease and early recognition, correct classification and treatment can improve long-term outcome. This review explores the most recent actualizations on clinical manifestations, classification criteria, treatment options and prognosis of juvenile scleroderma. There are two main forms of the disease: localized scleroderma and systemic sclerosis. Localized scleroderma is the most common form in children and mostly restricted to the skin. Juvenile diffuse systemic sclerosis is related to visceral involvement and cardiac disease which is the main cause of death in these patients. The outcome of juvenile systemic sclerosis is better compared with the adult form. Treatment remains a medical challenge and the EULAR task force proposed an approach to juvenile scleroderma treatment based on expert's opinion and guidelines used for the treatment of adults. Larger studies on childhood scleroderma are warranted.

  1. Post-Katrina juvenile competency determinations: a tale of two systems.

    Science.gov (United States)

    Wills, Cheryl D

    2008-01-01

    Natural disasters such as Hurricane Katrina have resulted in the displacement of families to locations throughout the nation. Juvenile courts have been affected by this mass migration of youths. Post-disaster recovery has been slow. Consequently, a cohort of youths has aged out of the juvenile justice system before their juvenile competency hearings could be held. Some of these young adults now face charges as adults in criminal courts. The author explores what happens when youths awaiting juvenile competency determinations age out of the system and face charges as adults. The evolution of the problem, the current situation, case examples, and possible solutions are reviewed.

  2. A Critique of Kosovo’s Internationalized Constitutional Court

    Directory of Open Access Journals (Sweden)

    Andrea Lorenzo Capussela

    2014-04-01

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

  3. What Drives Juvenile Probation Officers? Relating Organizational Contexts, Status Characteristics, and Personal Convictions to Treatment and Punishment Orientations

    Science.gov (United States)

    Ward, Geoff; Kupchik, Aaron

    2010-01-01

    Data from surveys of juvenile court probation officers in four states are analyzed to understand professional orientations toward two seemingly contrasting goals of contemporary juvenile justice systems: punishment and treatment. These self-reported juvenile probation officer orientations are considered in relation to three clusters of variables…

  4. Child’s right to be Heard in Chilean Family Courts: Confidential Hearing

    Directory of Open Access Journals (Sweden)

    Elena Salum Alvarado

    2016-04-01

    Full Text Available This work addresses the views family court judges have on The Right of Children to be heard (0-14 years and the importance they give this as one of the components of the Best Interests of the Child. This qualitative study is framed into the empirical Legal Sociology. To this effect, semi structured interviews to Family Court Judges were applied, focusing on Family Courts processes, specifically in the Confidential Hearing Audience. We argue that there would be a misalignment between the legislation which aims to give life to the Convention on the Rights of the Child’s guiding principles and Family Courts, specifically, on how this legislation plans on implementing the right to be heard.

  5. Jurors' perceptions of juvenile defendants: the influence of intellectual disability, abuse history, and confession evidence.

    Science.gov (United States)

    Najdowski, Cynthia J; Bottoms, Bette L; Vargas, Maria C

    2009-01-01

    Understanding jurors' perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors' perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile's crime was motivated by self-defense against the abuser. Jurors used disability as a mitigating factor, making more lenient judgments for a disabled than a nondisabled juvenile. Jurors also completely discounted a coerced confession for a disabled juvenile, but not for a nondisabled juvenile. In fact, compared with when it was portrayed as voluntary, jurors generally discounted a juvenile's coerced confession. Implications for public policy and directions for future research are discussed.

  6. Court-ordered caesareans.

    Science.gov (United States)

    Prochaska, Elizabeth; Lomri, Sara

    2014-11-01

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

  7. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

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

  8. Juvenile Prostitution.

    Science.gov (United States)

    Csapo, Marg

    1986-01-01

    Recent research and Canadian government committee reports concerning juvenile prostitution are reviewed. Proposals are made in the realms of law and social policy; and existing programs are described. (DB)

  9. Juvenile Prostitution.

    Science.gov (United States)

    Csapo, Marg

    1986-01-01

    Recent research and Canadian government committee reports concerning juvenile prostitution are reviewed. Proposals are made in the realms of law and social policy; and existing programs are described. (DB)

  10. Juvenile myasthenia

    Directory of Open Access Journals (Sweden)

    Knežević-Pogančev Marija

    2011-01-01

    Full Text Available Introduction. Juvenile myasthenia is a chronic autoimmune neuromuscular disease characterized by varying degrees of fluctuating, painless muscle weakness and rapid fatigue of any muscles under voluntary control. Juvenile myasthenia is a form of myasthenia appearing in adolescent age, representing 10% to 15% of all cases of myasthenia gravis. Juvenile myasthenia is presented by a defect in the transmission of nerve impulses to muscles, resulting from a breakdown in the normal communication between nerves and muscles. In myasthenia, antibodies produced by the body’s own immune system block, alter, or destroy the receptors for acetylcholine. Juvenile myasthenia is neither directly inherited nor is it contagious. Signs and Symptoms. The first noticeable symptoms may be eye muscle weakness, difficulty in swallowing, or slurred speech. Juvenile myasthenia usually affects muscles innervated by the cranial nerves (face, lips, tongue, neck and throat, but it can affect any muscle group. Symptoms vary in type and severity with typical periods of exacerbation interspersed with periods of remission. When the muscles necessary for breathing are affected, a patient is said to be in a myasthenic crisis, which is a life-threatening situation. Disease Outcome and Treatment. Juvenile myasthenia produces sporadic but progressive weakness and abnormal fatigability of striated (skeletal muscles, exacerbated by exercise and repeated movement, but improved by rest and anticholinesterase drugs. Juvenile myasthenia follows an unpredictable course of recurring exacerbations and periodic remissions. With current therapies, however, most cases of juvenile myasthenia are not as serious as the name implies. Although there is no known cure, drug treatment has improved prognosis and allows patients to lead relatively normal lives, except during exacerbations.

  11. Mapping Judicial Dialogue across National Borders: An Exploratory Network Study of Learning from Lobbying among European Intellectual Property Judges

    Directory of Open Access Journals (Sweden)

    Emmanuel Lazega

    2012-05-01

    Full Text Available This paper looks at dialogue and collective learning across borders through personal networks of judges. We focus on judges participating in the Venice Forum, bringing together European patent judges involved in institutional lobbying for the construction of a European Patent Court. Empirical observation shows that personal networks of discussion with foreign judges, reading of their work and references to their decisions do exist in this milieu and can be mapped. Our network study shows that judges from some European countries are more active in this dialogue than judges from other countries. The learning process is driven, to some extent, by a small subset of super-central judges who frame this dialogue and can be considered to be opinion leaders in this social milieu. We measure a strong level of consensus among the judges on several controversial issues surrounding the procedure of a possible future European Patent Court. But strong differences between them remain. Dialogue and collective learning do not, by themselves, lead to convergence towards a uniform position in these controversies.

  12. A toolbox for European judges

    NARCIS (Netherlands)

    Hesselink, M.W.

    2011-01-01

    The forthcoming instrument on European contract law, be it in the shape of an optional code for cross-border contracts or as an official toolbox for the European legislator, is likely to have a spill-over effect on private law adjudication in Europe. Judges will have no great difficulty in finding m

  13. The need for scientists and judges to work together: regarding a new European network

    Directory of Open Access Journals (Sweden)

    Santosuosso Amedeo

    2003-07-01

    Full Text Available Abstract Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I, Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail:. enlsc@unipv.it. ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be

  14. The need for scientists and judges to work together: regarding a new European network.

    Science.gov (United States)

    Santosuosso, Amedeo; Redi, Carlo Alberto

    2003-07-01

    Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I), Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail: enlsc@unipv.it). ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be acritically pro-science.

  15. [Patient information and professional responsibility: reversal of jurisprudence of the Court of cassation].

    Science.gov (United States)

    Rouanne, M; Lebret, T

    2012-01-01

    The Court of cassation is the highest court in the French judiciary. In a recent decision on June 3, 2010, the supreme jurisdiction quashed partially a court of appeal judgement. A patient developed erectile dysfunction following open prostatectomy for benign prostatic hyperplasia. The patient was not informed of this risk before the surgery. The judges recall that failure to provide information, including very exceptional risks, asserts in itself the physician's responsibility and allows financial reparation for patients. In accordance with this decision, a new jurisprudence in medical responsibility is born. Copyright © 2011 Elsevier Masson SAS. All rights reserved.

  16. In the CJEU judges trust: A new approach in the judicial construction of Europe

    DEFF Research Database (Denmark)

    Mayoral, Juan A.

    2016-01-01

    This articles aims to highlight the relevance of judicial trust in international courts, focusing on national judges’ trust in the Court of Justice of the European Union (CJEU). EU Scholars have put a great deal of effort into explaining how legal and political factors affect the use of preliminary...... judicial system. A theory is offered in the article, which links national judges’ trust in the CJEU to their corporatist identification, their profile as EU law judge, their attitudes to the European Union and to their beliefs about the CJEU’s ability to provide decisions that: 1) offer a clear guidance...

  17. Disciplinary Responsibility Of Judges And Judicial Employees In England And Wales

    Directory of Open Access Journals (Sweden)

    Yury M. Filippov

    2014-09-01

    Full Text Available Present article is devoted to the topical issues of the judges and judicial employees’ disciplinary responsibility in England and Wales after the adoption of the Constitutional Reform Act and creation of the new disciplinary bodies. Present article contains a short analysis of the mechanism of professional and ethical standards among judges and magistrates of England and Wales maintenance, possible conflict of interests settlement and questions of conduct in the need of disciplinary trial. Author consider features of the lord powers - chancellor in the questions of bringing judges and magistrates to the disciplinary responsibility, interaction of the Lord Chancellor with the Lord - Supreme Judge and the Ministry of Justice in the questions of the disciplinary investigations organization and conduct. At the same time author considers an aspect that responsibility before the civil society has an informal character and doesn't assume carrying out any trial. At the same time possibility of judge's and court's employees behavior discussion by public organizations and associations and also in press is a usual practice. In the conclusion author notes that to the number of features of English model of the disciplinary responsibility of judges and judicial employees it is necessary to include active participation of public authorities in the process of trial on the complaints in regard to actions of judges and judicial employees (Ministry of Justice is authorized to conduct such trials, the dual legal nature of such decision on the complaint which is taken out not only on behalf of the judicial community, but also a name of the Lord Chancellor appointed by the Parliament, general procedure of the judge's and worker's of courts, and also coroners accountability.

  18. Juvenile idiopathic arthritis

    Science.gov (United States)

    Juvenile rheumatoid arthritis (JRA); Juvenile chronic polyarthritis; Still disease; Juvenile spondyloarthritis ... The cause of juvenile idiopathic arthritis (JIA) is not known. It ... illness . This means the body attacks and destroys healthy body ...

  19. Juvenile Polyposis Syndrome

    Science.gov (United States)

    ... Types of Cancer > Juvenile Polyposis Syndrome Request Permissions Juvenile Polyposis Syndrome Approved by the Cancer.Net Editorial Board , 12/2015 What is juvenile polyposis syndrome? Juvenile polyposis syndrome (JPS) is a ...

  20. Specialized Accounting Inspection: study on the perception of the Trial judges in the Labor Court System about the quality and relevance of the specialized investigation job of expertsPerícia Contábil: estudo da percepção de juízes de Primeira Instância na Justiça do Trabalho sobre a qualidade e a relevância do trabalho do peritoPericia Contable: estudio de la percepción de los jueces de Primera Instancia en el Tribunal del Trabajo sobre la calidad y la pertinencia de la labor del perito

    Directory of Open Access Journals (Sweden)

    NEVES JÚNIOR, Idalberto Jose das

    2013-06-01

    Full Text Available ABSTRACTThe court appointed experts have means to inform and elucidate the judge, guiding him in his decisions, since it can’t be expected that judges are scientists or technicians in all matters, since there are matters that need clarification and certification of professionals deserving full faith in all technical, moral, scientific and legal aspects. Thus, the burden shouldered by the Judge is shared with the Expert who instructs him with the certification of causes and events through his expertise and requirements of morality and honesty. Within this context, this study aimed to know the opinion of the Trial judges working in the Labour Court System on the quality and relevance of the work done by the accounting expert. To this end, we have carried out a field research with 135 Trial judges of the Labor Court System in all regions of Brazil. The multivariate statistical technique of cluster analysis was used to better study the cases. The results of this survey revealed that 58% of respondents regard the work of the expert accountant as good and necessary, and that 71% of the judges consider the work of the expert accountant relevant to support their decisions. However, the judges have shown the main failures found in the work of the accountant-expert as well as suggestions for improvement.RESUMOA perícia tem meios de cientificar e elucidar o julgador, orientando-o em suas decisões, uma vez que não se pode esperar que os magistrados sejam cientistas ou técnicos em quaisquer assuntos, visto que há matérias que precisam de esclarecimento e certificação de profissionais merecedores de inteira fé, nos aspectos técnicos, moral, científico e legal. Destarte, a carga que pesa sobre o Juiz é dividida com o Perito, que o instrui com a certificação de causas e fatos por meio de suas qualidades de especialista e requisitos de moralidade e honestidade. Dentro desse contexto, este estudo objetivou conhecer a opinião dos juízes que atuam

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

    Science.gov (United States)

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

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Erlir Puto

    2016-03-01

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

  3. On court interpreters' visibility

    DEFF Research Database (Denmark)

    Dubslaff, Friedel; Martinsen, Bodil

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

  4. 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

  5. Restorative Justice in Juvenile Courts in Brazil: a brief review of Porto Alegre and São Caetano pilot projects / Justicia Restaurativa en Cortes Juveniles en Brasil: breve revisión de los proyectos piloto de Porto Alegre y São Caetano

    Directory of Open Access Journals (Sweden)

    Daniel Achutti

    2012-12-01

    Full Text Available In this paper, it is presented the results of the first three years (2005-2007 of the application of Restorative Justice (RJ in the Brazilian juvenile justice system. To this end, it was made a bibliographical and documental researches, so all data used in the paper has not been collected directly by the authors. Good results are verified, despite the almost complete absence of publicity given to the work developed in the country. It was also noticed a considerable lack of dialogue between those who are responsible for the programmes, the legal actors involved, and the local Universities. For even better results, it is suggested that all institutions involved improve the dialogue between them and encourage scientific researches of their own practices.

  6. The wicked in court: a neuroscientific primer.

    Science.gov (United States)

    Tobeña, Adolf

    2013-09-01

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

  7. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  8. Staff Judge Advocate Deskbook. Revised

    Science.gov (United States)

    1994-01-01

    eight Family Law OThirty-nine Taxation Forty Servicemember Protections Forty-one Consumer Law Forty-two Practice Aids PAWT VII ADMINSTRATIV... Consumer Law Guide; and e. L1al Asistance Officer’s Dekbook and Form Book. D. 11mlized forms 1. Simple forms Wills 2. Form letters a. Form letterto creditor...Assistance Division (Code 36) R. Consumer Law Guide, Pub JA 265, The Judge Advocate General’s School, U.S. Army Naval Justice School SJA Dekbook

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

    Directory of Open Access Journals (Sweden)

    MIRCEA DAMASCHIN

    2011-04-01

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

  10. The justice system for the juveniles Juveniles adjudicated for the criminal act of “theft” in Albania

    OpenAIRE

    Etilda Gjonaj Saliu

    2016-01-01

    The juvenile justice system in Albania has improved from year to year but slow movements are done in improving the whole system for the implementation of the guarantees prescribed in international acts and Albanian legislation. This article, is aiming to offer some opinions related to the justice system for the juveniles based on the statistical and qualitative data regarding the criminal policy that is used and the precautionary measures given through court decisions. This article, aims in i...

  11. Being Young and Black: What Are Their Effects on Juvenile Justice Decision Making?

    Science.gov (United States)

    Leiber, Michael J.; Johnson, Joseph D.

    2008-01-01

    This study examined the extent to which race and age individually and jointly determined juvenile justice case outcomes at intake and judicial disposition among males in one county juvenile court in the state of Iowa. Using an interpretation of the symbolic threat thesis and the emphasis on stereotyping as the theoretical framework, we discovered…

  12. Juvenile Transfer and Deterrence: Reexamining the Effectiveness of a "Get-Tough" Policy

    Science.gov (United States)

    Jordan, Kareem L.; Myers, David L.

    2011-01-01

    Although research has examined the effectiveness of juvenile transfer on recidivism, there has been a lack of research done in assessing how well juvenile waiver to adult court meets the criteria necessary for deterrence to occur (i.e., certainty, severity, and swiftness of punishment). The purpose of this study is to assess how well juvenile…

  13. Applying Roper v. Simmons in juvenile transfer and waiver proceedings: a legal and neuroscientific inquiry.

    Science.gov (United States)

    Fabian, John Matthew

    2011-08-01

    In 2005, the U.S. Supreme Court held the death penalty unconstitutional as applied to juveniles in Roper v. Simmons. The Court reasoned that juveniles were less criminally culpable than adults because they lack maturity, they are more vulnerable to peer influence, and their character is not as well formed as that of adults. Although Roper addressed the imposition of the ultimate punishment of death within the context of a juvenile's moral blameworthiness for a crime of murder, this article considers the application of the Court's reasoning in Roper to the issue of juvenile waiver. Specifically, the author asks the question whether Roper's ultimate language distinguishing juveniles from adults in capital cases should apply to the conventional practice of their trial and sentencing as adults. Despite the fact that juvenile transfer is a less serious sanction than the death penalty, this inquiry confronts the traditional objective of the juvenile court system, a system of punishment that was founded on rehabilitation rather than retribution. The author questions whether the punitive objectives of deterrence and retribution are satisfied by juvenile waiver and whether the mitigating effect of adolescence negates the trial of youth as adults.

  14. Differences between Juvenile Offenders with and without Intellectual Disability in Offense Type and Risk Factors

    Science.gov (United States)

    Asscher, Jessica J.; van der Put, Claudia E.; Stams, Geert Jan J. M.

    2012-01-01

    The present study aimed to examine differences between American juvenile offenders with and without intellectual disability (ID) in offense type and risk factors. The sample consisted of adolescents with ID (n = 102) and without ID (n = 526) who appeared before the courts for a criminal act and for whom the Washington State Juvenile Court…

  15. The Prominent Role of National Judges in Interpreting the International Definition of Human Trafficking

    Directory of Open Access Journals (Sweden)

    Luuk B Esser

    2016-05-01

    Full Text Available Although there has been much discussion of the scope of the concept of human trafficking in international literature, the part played by national courts in interpreting definitions based on the international definition of human trafficking in the UN Trafficking Protocol has received little attention. When a judge interprets an offence, he or she clarifies or adds new meaning to it. The space for this is even greater when the underlying definition is broadly formulated, as in the case of the international definition of human trafficking. This article demonstrates that, although this international definition establishes the outer parameters within which conduct must be made a criminal offence, domestic courts still have room to flesh out the definition in national contexts. The role of national judges needs more consideration in today’s discourse on the legal definition of human trafficking.

  16. Optimality aspects with assigning of Magistrates to Sessions and Teams of the Amsterdam Criminal Court

    NARCIS (Netherlands)

    Schreuder, Jan; Burke, E.K.; Rudova, H.

    2006-01-01

    In the criminal court (Arrondissements rechtbank, sector strafrecht) of Amsterdam the assignment of magistrates (judges, officers, etc) to sessions needed to handle the cases presented, has become a problem last years mainly caused by the increase of so called mega-sessions. One complicating factor

  17. Mental Retardation and the Law: A Report on Status of Current Court Cases.

    Science.gov (United States)

    Friedman, Paul; Beck, Ronna Lee

    Included in the report are summaries of four new cases and updated information on 38 cases regarding legal issues in mental retardation. Featured is a review of cases dealing with liability of judges and lawyers in violating the rights of mentally retarded persons. Other issues addressed (with sample court case in parentheses) include commitment…

  18. South Africa: constitutional court rejects constitutional challenge to law criminalizing prostitution.

    Science.gov (United States)

    Nelson, John

    2003-04-01

    On 9 October 2002, a majority of South Africa's Constitutional Court dismissed appeals from convictions for prostitution and keeping a brothel, rejecting arguments that the law was unconstitutional. However, the minority decision, endorsed by five of eleven judges, found that the provision that made the sex worker but not the client guilty of a criminal offence was discriminatory and should be struck down.

  19. Gender and Judging in Portugal: Opinions and Perceptions

    Directory of Open Access Journals (Sweden)

    Madalena Duarte

    2016-09-01

    Full Text Available In Portugal, the phenomenon of feminization of the legal professions is quite recent compared to other countries. The increasing predominance of women among magistrates – judges and public prosecutors – since 2006 has been overwhelming though. If, until 1974, the judiciary was forbidden to women, in 2015, from a total of 1990 judges in first instance courts, Appeal Courts and the Judicial Supreme Court and the Administrative Supreme Court, 1175 were women (59%. Within the Public Prosecution, 61% were women. The weight of women in the legal professions is visible, even, at the Centre for Judicial Studies, where 67,5% of the justice auditors, in 2014, were women. In this scenario, the aim of this article is to discuss the representations of the legal professionals, on the repercussions of this change to the judiciary and to the legal culture in Portugal. En Portugal, el fenómeno de la feminización de las profesiones jurídicas es bastante reciente en comparación con otros países. Sin embargo, el creciente predominio de mujeres entre los magistrados -jueces y fiscales- desde el año 2006 ha sido abrumador. Si, hasta 1974, las mujeres tenían prohibido el acceso al poder judicial, en 2015, de un total de 1990 jueces en los tribunales de primera instancia, tribunales de apelación y la Corte Suprema de Justicia y el Tribunal Supremo Administrativo, 1175 eran mujeres (59%. Dentro de la fiscalía, el 61% eran mujeres. El peso de las mujeres en las profesiones jurídicas es visible, incluso, en el Centro de Estudios Judiciales, donde el 67,5% de los auditores de justicia, en 2014, eran mujeres. En este escenario, el objetivo de este artículo es analizar las representaciones de los profesionales del derecho sobre las consecuencias de este cambio en el poder judicial y en la cultura jurídica de Portugal. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2831939

  20. Juvenile Competency to Stand Trial.

    Science.gov (United States)

    Stepanyan, Sofia T; Sidhu, Shawn S; Bath, Eraka

    2016-01-01

    Competency to stand trial is interpreted as a protected due process right for all defendants and is defined as a defendant's fundamental knowledge and understanding of the criminal charges being filed, roles and procedures within the courtroom, and a general ability to work with the defense counsel. Questions of competency are most often raised by the judge, defense, or the prosecution, and competency evaluations are most often completed by psychiatrists or psychologists with forensic training or work experience. Mental illness, intellectual disability, developmental disorders, and developmental immaturity are the 4 main factors considered in most juvenile competency evaluations.

  1. Juvenile Spondyloarthritis

    Science.gov (United States)

    Gmuca, Sabrina; Weiss, Pamela F.

    2015-01-01

    Purpose of review To provide a comprehensive update of the pathogenesis, diagnostic imaging, treatments, and disease activity measurements of juvenile spondyloarthritis (JSpA). Recent findings Genetic and microbiome studies have provided new information regarding possible pathogenesis of JSpA. Recent work suggests that children with JSpA have decreased thresholds for pain in comparison to healthy children. Additionally, pain on physical examination and abnormalities on ultrasound of the entheses are not well correlated. Treatment guidelines for juvenile arthritis, including JSpA, were published by the American College of Rheumatology and are based on active joint count and presence of sacroiliitis. Recent studies have established the efficacy of tumor necrosis factor inhibitors in the symptomatic treatment of axial disease, though their efficacy for halting progression of structural damage is less clear. Newly developed disease activity measures for JSpA include the Juvenile Arthritis Disease Activity Score and the JSpA Disease Activity index. In comparison to other categories of juvenile arthritis, children with JSpA are less likely to attain and sustain inactive disease. Summary Further microbiome and genetic research may help elucidate JSpA pathogenesis. More randomized therapeutic trials are needed and the advent of new composite disease activity measurement tools will hopefully allow for the design of these greatly needed trials. PMID:26002028

  2. Juvenile penalty or leniency: Sentencing of juveniles in the criminal justice system.

    Science.gov (United States)

    Jordan, Kareem L; McNeal, Brittani A

    2016-08-01

    The purpose of this study is to examine the impact of being juvenile on sentencing in the criminal justice system. More specifically, youth transferred to criminal court are compared to adults in terms of likelihood of incarceration, jail length, and prison length. In this study, 2 national data sets are merged. The juvenile sample includes 3,381 convicted offenders, and the adult sample is comprised of 6,529 convicted offenders. The final sample is 9,910 offenders across 36 U.S. counties. The key independent variable is juvenile status, and the dependent variables are incarceration, jail length, and prison length. Because of the multilevel nature of the data, hierarchical linear modeling is used across all models. Juveniles are punished less severely in the jail incarceration decision. However, when youth are actually sentenced to incarceration (either jail or prison), they are given longer confinement time than adults. (PsycINFO Database Record

  3. 4 CFR 28.22 - Administrative judges.

    Science.gov (United States)

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Administrative judges. 28.22 Section 28.22 Accounts... Procedures Hearing Procedures for Cases Before the Board-General § 28.22 Administrative judges. (a) Exercise of authority. Administrative judges may exercise authority as provided in paragraph (b) of...

  4. Washington State Juvenile Justice Code: An Experiment in Justice.

    Science.gov (United States)

    Illinois Univ., Champaign. Community Research Center.

    In the Washington State juvenile justice system, serious or repeat offenders receive the full panoply of due process rights and procedures, with the exception of jury trials; minor offenders are diverted to community boards that require community service or victim restitution; and status offenders are removed from the courts' jurisdiction and…

  5. Corporal and capital punishment of juveniles.

    Science.gov (United States)

    Frazier, H C

    1990-01-01

    There is a previously unobserved connection between corporal punishment of public school children and capital punishment of juveniles. Both are barometers of acceptable levels of violent punishment and their elimination is a hallmark of a maturing and decent society. Within a majority of the eighteen states where school authorities most frequently strike children are housed 25 of the nation's 28 juvenile death row inmates. On average, the homicide rates of these jurisdictions are two and a half times greater than those that have abolished both state-sanctioned corporal and capital punishment or limit death sentences to those age eighteen and older at the time of their crime(s). Most of the eighteen state abolitions of corporal punishment occurred in the 1980's. The US Supreme Court has ruled both corporal and capital punishment of juveniles constitutional. Additional state legislative abolition of both is anticipated in the 1990s.

  6. Juvenile Justice in Milwaukee

    Science.gov (United States)

    Williams, Gary L.; Greer, Lanetta

    2010-01-01

    Historically, there have been several attempts made to address issues surrounding juvenile delinquency. The Wisconsin Legislature outlines the objectives of the juvenile justice system in the Juvenile Justice Code in s. 939.01, ?to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will…

  7. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

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

  8. Juvenile xanthogranuloma.

    Science.gov (United States)

    Singh, R; Ghazali, W

    1992-05-01

    Juvenile xanthogranuloma is a benign cutaneous growth presenting as papules or nodules. It is characterized by an intradermal collection of lipid-laden macrophages and varying degrees of fibroblastic proliferation. We have recently observed two patients with xanthogranulomas: one was found to have a papular type and the second patient had multiple nodular growths. We present these cases, which should be considered in the differential diagnosis of skin nodules.

  9. Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen

    Directory of Open Access Journals (Sweden)

    Stephanie K. Boys

    2010-09-01

    Full Text Available Researchers have created a diverse toolbox of literature reporting that same sex cohabitating relationships are strikingly similar to heterosexual marriages in amicus curiae briefs submitted to the courts. However, judges are trained to fit information into legal frameworks and to ignore data that does not fit the rhetoric of a case. The following article aims to fit existing data on same sex relationships into the framework judges will use to decide whether same sex marriage can be prohibited. The primary precedent used to support same sex marriage is based on the analogy of a case prohibiting marriage discrimination based on race. The legal framework created by this case requires social work policy practitioners to frame research in terms of the evolution that has occurred in scientific understanding of same sex attraction and public opinion. A simple shift in the discourse used to frame the data can significantly impact whether judges listen.

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

    Science.gov (United States)

    1999-10-15

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

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

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    2014-01-01

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

  12. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

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

  13. Comparative study of victims' participation in special international criminal tribunals and the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Mohsen Lal alizadeh

    2015-12-01

    Full Text Available In special criminal tribunals before the establishment of the Court, in the first generation of tribunals, Nuremberg and Tokyo, Unfortunately, not only is there any notes to the rights and protections of victims, but also no mention of the term "victim" is seen. In the second generation trials, the former Yugoslavia, Rwanda and Sierra Leone, although there were some improvements compared to previous courts, but they did not dedicate a place more than witnesses to victims. International Criminal Court, influenced by the developments and experiences from previous international tribunals, has considered relatively broad participatory rights for victims in different stages and with different forms. Despite high limitations in victims' participation, the court jurisprudence has supported a broad interpretation of participatory rights. However, the judges are generally determining the deadlines, procedures and participation.

  14. Evaluating Court Performance: Findings from Two Italian Courts

    Directory of Open Access Journals (Sweden)

    Luis Lepore

    2012-12-01

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

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

    Science.gov (United States)

    Steinberg, Laurence

    2013-07-01

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

  16. The impact of judges' perceptions of credibility in fibromyalgia claims.

    Science.gov (United States)

    Le Page, Judy A; Iverson, Grant L; Collins, Peter

    2008-01-01

    Fibromyalgia (FM) is a confusing and controversial diagnosis, characterized by widespread pain and tenderness at specific anatomical sites. The cause of this syndrome is unknown, and the course of the condition is difficult to predict. Without a known cause, predictable course, or effective treatment, it is not surprising that FM is a contentious diagnosis from a medical perspective, as well as a civil litigation and disability insurance industry perspective. The purpose of this study was to investigate judges' perceptions of credibility in litigated cases involving FM claims in the Canadian courts, and the relation between perceived credibility and awards granted. A systematic review was conducted of every trial-by-judge litigated FM claim in Canada (N=194 cases) up to 2003. The cases were examined in relation to credibility factors. The role and responsibility of the plaintiff was central in claims involving issues of misrepresentation, fraud, non-disclosure, failure to mitigate, and contributory negligence. The presence of these issues suggested a possible decrease or loss in the claim as a result of the plaintiff's conduct. In regards to the actions of defendants, the presence of investigative and surveillance information alone did not affect the awards granted. However, the credibility of that information had a large effect on the amount of award granted. Plaintiff credibility played a similar role, indicating that plaintiffs perceived as more credible were typically granted greater awards. An examination of medical expert credibility revealed that judges appear to perceive experts as more credible overall than plaintiffs, regardless of the expert's role in the case.

  17. Eliminating the Competency Presumption in Juvenile Delinquency Cases.

    Science.gov (United States)

    Katner, David R

    2015-01-01

    The legal presumption used in virtually all juvenile delinquency cases in the U.S. is that all juveniles are competent to stand trial. This Article calls for the elimination of that legal presumption, which is historically based on the Dusky v. United States decision and in the adult criminal justice system. The recent decisions of the U.S. Supreme Court recognize the developmental and organic brain differences between adults and juveniles. Current research demonstrates a higher frequency rate of incompetence based on intellectual deficiencies among children when compared with adults found to be not legally competent to stand trial. By eliminating the competency presumption for juveniles in both delinquency and adult criminal proceedings, the party seeking an adjudication would be responsible for establishing that the accused juvenile is in fact, competent to stand trial. Foreign jurisdictions in Europe, Asia, Africa, and South America have long required higher thresholds--at least fourteen years of age--for holding juveniles accountable for criminal misconduct, none of them presuming that juveniles are competent to go to trial. In the alternative, by expanding the factors currently in use for determination of juvenile competency by adding developmental immaturity and mental illness, juvenile justice systems could identify the reduction of recidivist offending as the primary systemic objective.

  18. Identifying Risk and Protective Factors in Recidivist Juvenile Offenders: A Decision Tree Approach

    Science.gov (United States)

    Ortega-Campos, Elena; García-García, Juan; Gil-Fenoy, Maria José; Zaldívar-Basurto, Flor

    2016-01-01

    Research on juvenile justice aims to identify profiles of risk and protective factors in juvenile offenders. This paper presents a study of profiles of risk factors that influence young offenders toward committing sanctionable antisocial behavior (S-ASB). Decision tree analysis is used as a multivariate approach to the phenomenon of repeated sanctionable antisocial behavior in juvenile offenders in Spain. The study sample was made up of the set of juveniles who were charged in a court case in the Juvenile Court of Almeria (Spain). The period of study of recidivism was two years from the baseline. The object of study is presented, through the implementation of a decision tree. Two profiles of risk and protective factors are found. Risk factors associated with higher rates of recidivism are antisocial peers, age at baseline S-ASB, problems in school and criminality in family members. PMID:27611313

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

    Data.gov (United States)

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

  20. Dermatomiositis juvenil

    OpenAIRE

    Goldaracena, Pablo; Pérez, Federico

    2008-01-01

    La dermatomiositis juvenil (DMJ) es una enfermedad multi sistémica de etiología desconocida, caracterizada por una vasculitis que ocasiona una inflamación no supurativa del músculo estriado y lesiones cutáneas distintivas. La cobertura de los criterios de Bohan y Peter establece el diagnóstico: exantema patognomónico junto a debilidad muscular proximal simétrica, elevación sérica de enzimas musculares, s...

  1. 5 CFR 2421.9 - Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases......

  2. First Year at Somerset Court

    Science.gov (United States)

    Elgar, Sybil

    1975-01-01

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

  3. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

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

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

    Science.gov (United States)

    Hess, Diana

    1989-01-01

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

  5. Three Years of Teen Court Offender Outcomes

    Science.gov (United States)

    Forgays, Deborah Kirby

    2008-01-01

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

  6. 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.

  7. The differential depiction of female athletes in judged and non-judged sport magazines.

    Science.gov (United States)

    Ginsberg, Rebecca L; Gray, James J

    2006-12-01

    Sports magazines portrayal of female athletes over the past ten years, in terms of body size, age, and race was examined. Using the Contour Drawing Rating Scale (CDRS), estimated body size was obtained for cover models on a set of judged and non-judged sport magazines. The frequency with which the full bodies of models were depicted on the covers of these magazines was also investigated. Cover models on judged sport magazines were rated as significantly thinner than cover models on non-judged sport magazines. Judged sport magazines also displayed a higher number of full-body images than non-judged sport magazines. These findings suggest that individuals who read judged sport magazines are more likely to be exposed to thin media images than those reading non-judged sport magazines.

  8. 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....

  9. 8 CFR 1003.10 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1003.10 Section 1003.10 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge § 1003.10 Immigration...

  10. 8 CFR 1240.1 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.1 Section 1240.1 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION... Immigration judges. (a) Authority. (1) In any removal proceeding pursuant to section 240 of the Act,...

  11. 8 CFR 1240.41 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.41 Section 1240.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION..., 1997) § 1240.41 Immigration judges. (a) Authority. In any proceeding conducted under this part...

  12. Interviewing Judges in the Transnational Context

    NARCIS (Netherlands)

    Jaremba, Urszula; Mak, Elaine

    2014-01-01

    This article addresses the problem of qualitative interviewing in the field of legal studies, and more precisely the practice of interviewing judges. In the last five years the authors of this article conducted two different research projects which involved interviewing judges as a research method.

  13. The Value of 4-H Judging Teams--Missouri Dairy Judging Alumni Survey

    Science.gov (United States)

    Deaver, Karla; Probert, Ted

    2016-01-01

    Former Missouri 4-H Dairy Judging Team members responded to a survey about life skills development and the value of the judging team experience. Results of the survey indicate that judging team experience was highly influential in the development of communication, public speaking, and presentation skills. Respondents also indicated that judging…

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

    Science.gov (United States)

    1996-06-28

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

  15. The Diverging Approaches of the European Court of Human Rights in the Cases of Nada & al-Dulimi

    NARCIS (Netherlands)

    Hollenberg, S.

    2015-01-01

    The UN Security Council's practice of targeted sanctions has resulted in serious limitations on the enjoyment of targeted individuals' human rights. The European Court of Human Rights pronounced on this issue in two instances. In the cases of Nada (Grand Chamber judgment) and al-Dulimi (Chamber judg

  16. 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

  17. Hydrology and Ecology Go to Court

    Science.gov (United States)

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

    2009-04-01

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

  18. RACISM OR RACIAL INSULTS? How the minas gerais court of justice stands beyond the race riots

    Directory of Open Access Journals (Sweden)

    Andrea Franco Lima e Silva

    2016-01-01

    Full Text Available In this paper we present an analysis of the judgments released by the Court of Appeal of the state of Minas Gerais, regarding claims that have as their central point practices identified as racism, discrimination or prejudice on the basis of race or skin color. By doing so, we aim to answer the following questions: which type of conflict related to race or skin color is judged, and in the second instance, with regards to the Court of Appeal; which acts, words or expressions are present in these cases; which type of arguments are used and which discursive strategies are applied by defendants, victims and judges to manage the conflict. Our results indicate that the legal system tends to decontextualize expressions historically considered as racist, denying that the root of the observed conflicts is racial prejudice.

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

    Directory of Open Access Journals (Sweden)

    Ivam Ricardo Peleias

    2016-08-01

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

  20. 29 CFR 102.36 - Unavailability of administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Unavailability of administrative law judge. 102.36 Section... Hearings § 102.36 Unavailability of administrative law judge. In the event the administrative law judge... chief administrative law judge, in Washington, DC, the associate chief judge, in San...

  1. 22 CFR 1421.8 - Administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Administrative law judge. 1421.8 Section 1421.8... TERMS AS USED IN THIS SUBCHAPTER § 1421.8 Administrative law judge. Administrative law judge means the Chief Administrative Law Judge or any administrative law judge designated by the Chief...

  2. 29 CFR 457.17 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Administrative Law Judge. 457.17 Section 457.17 Labor... GENERAL Meaning of Terms as Used in This Chapter § 457.17 Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the...

  3. 29 CFR 458.80 - Unavailability of Administrative Law Judges.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Unavailability of Administrative Law Judges. 458.80 Section... Administrative Law Judges. In the event the Administrative Law Judge designated to conduct the hearing becomes unavailable, the Chief Administrative Law Judge shall designate another Administrative Law Judge for...

  4. 20 CFR 901.43 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Administrative Law Judge. 901.43 Section 901... Termination of Enrollment § 901.43 Administrative Law Judge. (a) Appointment. An administrative law judge... Administrative Law Judge. Among other powers, the Administrative Law Judge shall have authority, in...

  5. 22 CFR 128.2 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Administrative Law Judge. 128.2 Section 128.2... § 128.2 Administrative Law Judge. The Administrative Law Judge referred to in this part is an Administrative Law Judge appointed by the Department of State. The Administrative Law Judge is authorized...

  6. 2009 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2009 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  7. Civil Remedies Division Administrative Law Judge Decisions

    Data.gov (United States)

    U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

  8. 7 CFR 900.6 - Judges.

    Science.gov (United States)

    2010-01-01

    ... the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE GENERAL REGULATIONS Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders § 900.6 Judges....

  9. EPA Administrative Law Judge Legal Documents

    Data.gov (United States)

    U.S. Environmental Protection Agency — This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the...

  10. 2010 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2010 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  11. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

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

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

    OpenAIRE

    Farhang, Sean; Gregory J. Wawro

    2010-01-01

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

  13. English as a Court Language in Continental Courts

    NARCIS (Netherlands)

    C. Kern (Cristoph)

    2013-01-01

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

  14. Females in the Juvenile Justice System: Who Are They and How Do They Fare?

    Science.gov (United States)

    Bright, Charlotte Lyn; Kohl, Patricia L; Jonson-Reid, Melissa

    2014-02-01

    Increasing numbers of female youth involved in the juvenile justice system highlight the need to examine this population. This study enumerates distinct profiles of risk and protection among juvenile court-involved females, examining young adult outcomes associated with these profiles. Administrative data on 700 participants were drawn from multiple service sectors in a Midwest metropolitan region. Latent class and Pearson chi-square analyses were used. Five unique classes were identified; these classes were associated with young adult outcomes. One class of impoverished African American females was most likely to experience problematic young adult outcomes but least likely to have received juvenile justice services. Findings highlight the heterogeneity in the female juvenile court population and discrepancies between service needs and service receipt.

  15. New roles for family therapists in the courts: an overview with a focus on custody dispute resolution.

    Science.gov (United States)

    Emery, Robert E; Rowen, Jenna; Dinescu, Diana

    2014-09-01

    Many legal issues involve conflicts that are at least as much psychological and relational as they are legal in nature. Juvenile and family courts have always embraced a helping philosophy under the parens patriae legal doctrine. These courts address problems where family relationships are central, for example, custody and coparenting disputes, divorce, child abuse and neglect, foster care, intimate partner violence, and juvenile delinquency. Family therapists are playing a growing role in all of these matters. In this article, we use child custody disputes as a more in-depth example for exploring new, potential roles for family therapists, particularly as mediators and parenting coordinators. To show the breadth of the role for family therapists, we also more briefly consider the topics of child abuse and neglect, foster care, juvenile delinquency, and drug and alcohol issues.

  16. Predictors of juveniles' noncompliance with probation requirements.

    Science.gov (United States)

    NeMoyer, Amanda; Goldstein, Naomi E S; McKitten, Rhonda L; Prelic, Ana; Ebbecke, Jenna; Foster, Erika; Burkard, Casey

    2014-12-01

    Probation is the most common disposition for adjudicated youth, but little is known about which specific requirements are commonly imposed on juveniles, the requirements with which juveniles most often fail to comply, and how certain youth characteristics and/or imposed requirements might relate to probation noncompliance. An investigation of 120 archived files of youth represented by an urban public defender's office identified 29 probation requirements imposed on youth and 18 requirements with which youth commonly failed to comply. Results revealed that 52% of youth failed to comply with at least one probation requirement; prior probation noncompliance and race were both significantly associated with noncompliance in the examined probation disposition. In addition, the probability of probation noncompliance was significantly higher when youth received either of two substance-related probation requirements: drug tests or drug and alcohol counseling. Such results may prompt further investigation of juvenile probation-related predictors, identify areas of need for clinical service provision to foster successful completion of probation requirements, and help identify areas of potential biases among juvenile court personnel.

  17. Knowledge of legal terminology and court proceedings in adults with developmental disabilities.

    Science.gov (United States)

    Ericson, K I; Perlman, N B

    2001-10-01

    This research compared 40 adults with mild developmental disabilities (DD) and 40 nondelayed adults (ND) in terms of knowledge of legal terms and court proceedings. For all of the 34 terms studied, with the exception of "police office" there were significant differences between the DD and ND groups with respect to degree of conceptual understanding of terms. Results indicate that all but 6 terms assessed (adjourn, allegation, crown attorney, defendant, prosecute, and court reporter) were well-defined by 85% or more of ND participants. In contrast, only 8 of the terms (police officer, lawyer, jail, court, lie, truth, judge, and witness) were reasonably conceptually understood by at least 75% of DD participants. Reported familiarity with terms in DD participants is not a reliable indicator of actual familiarity with terms. Results are discussed with respect to the need for education of DD individuals and legal professionals to support participation and fair treatment of DD individuals in legal situations.

  18. 4-H PetPALS Juvenile Diversion Program Supports At-Risk Youth and Seniors

    Science.gov (United States)

    Goble, Connie L.; Miller, Lucinda B.

    2014-01-01

    The 4-H PetPALS Juvenile Diversion Program provides a partnership opportunity with Extension and the juvenile court system to positively impact lives of at-risk youth. At-risk youth are taught by 4-H PetPALS adult volunteer leaders and 4-H PetPALS members to value and respect the human-animal bond, as well as to understand and empathize with…

  19. What Is Juvenile Arthritis?

    Science.gov (United States)

    ... Analgesics for Osteoarthritis (Report from AHRQ) Joint Replacement Surgery: Health Information Basics for You and Your Family NIH Pediatric Rheumatology Clinic Health Information Juvenile Arthritis Find a Clinical Trial Journal Articles Juvenile Arthritis PDF Version Size: 123 KB ...

  20. Juvenile Delinquency: An Introduction

    Science.gov (United States)

    Smith, Carolyn A.

    2008-01-01

    Juvenile Delinquency is a term which is often inaccurately used. This article clarifies definitions, looks at prevalence, and explores the relationship between juvenile delinquency and mental health. Throughout, differences between males and females are explored. (Contains 1 table.)

  1. Parenting and juvenile delinquency

    NARCIS (Netherlands)

    Hoeve, Machteld

    2008-01-01

    Juvenile delinquency is a noteworthy problem. This thesis addressed the association between parenting and juvenile delinquency by analyzing the concepts of parenting adopted in family research in relation to criminological concepts and measures of delinquent behavior. Four studies were conducted.

  2. Beyond court digitalization with ODR

    Directory of Open Access Journals (Sweden)

    Dory Reiling

    2017-05-01

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

  3. Introduction: Staying Out of Court

    NARCIS (Netherlands)

    R. van Swaaningen (René)

    2008-01-01

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

  4. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

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

  5. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

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

  6. 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…

  7. Introduction: Staying Out of Court

    NARCIS (Netherlands)

    R. van Swaaningen (René)

    2008-01-01

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

  8. Student Rights and the Courts.

    Science.gov (United States)

    ERIC Clearinghouse on Educational Management, Eugene, OR.

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

  9. Juvenile Arrests, 2007. Juvenile Justice Bulletin

    Science.gov (United States)

    Puzzanchera, Charles

    2009-01-01

    This Bulletin summarizes 2007 juvenile crime and arrest data reported by local law enforcement agencies across the country and cited in the FBI report, "Crime in the United States 2007." The Bulletin describes the extent and nature of juvenile crime that comes to the attention of the justice system. It serves as a baseline for comparison for…

  10. Juvenile polyposis syndrome

    NARCIS (Netherlands)

    L.A.A. Brosens; D. Langeveld; W.A. van Hattem; F.M. Giardiello; G.J.A. Offerhaus

    2011-01-01

    Juvenile polyposis syndrome is a rare autosomal dominant syndrome characterized by multiple distinct juvenile polyps in the gastrointestinal tract and an increased risk of colorectal cancer. The cumulative life-time risk of colorectal cancer is 39% and the relative risk is 34. Juvenile polyps have a

  11. 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…

  12. Some considerations of authority of the courts

    Directory of Open Access Journals (Sweden)

    Žaklina Harašić

    2015-06-01

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

  13. The justice system for the juveniles Juveniles adjudicated for the criminal act of “theft” in Albania

    Directory of Open Access Journals (Sweden)

    Etilda Gjonaj Saliu

    2016-07-01

    Full Text Available The juvenile justice system in Albania has improved from year to year but slow movements are done in improving the whole system for the implementation of the guarantees prescribed in international acts and Albanian legislation. This article, is aiming to offer some opinions related to the justice system for the juveniles based on the statistical and qualitative data regarding the criminal policy that is used and the precautionary measures given through court decisions. This article, aims in identifying the issues and provide recommendations, with the main goal of improvement of the legislation and its best implementation in practice by the criminal justice instances, particularly by the prosecution and the court. Through the conclusions derived by this article is intended to exert the right pressure towards state authorities, to improve and better orient criminal policy and to increase the use of alternatives to the precautionary measure of “jail arrest” and imprisonment.

  14. Robo-Judge Meets Elastic Man

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2014-01-01

    Should the comparative study of law focus on similarities or differences? As regards the exercise of jurisdiction to adjudicate transborder contract disputes, the author uses concrete, case-based examples to compare the jurisdictional rules applied by courts in Europe with those applied in the Un...

  15. THE JUVENILE JUSTICE SYSTEM IN SPAIN

    Directory of Open Access Journals (Sweden)

    JosA Luis de la Cuesta

    2009-10-01

    Full Text Available 1. Relevant legal framework regulating criminal proceedings against juvenile offenders. 2. Age thresholds of criminal responsibility and liability to prosecution. 3. Specialized agencies. 3.1. Judges specialization. 3.2. Prosecutor\\'s specialization. 3.3. Specialization required for any, other figure acting in the proceedings. 3.4. Social services (or similar agencies involved in the proceedings. 4. Early definition of the proceedings. 5. Personality assessment procedures. 6. Mediation. 7. Personal liberty. 8. Safeguards for the protection of minors. 8.1. Affective and/or psychological assistance. 8.2. Preventing the disclosure of the juvenile offender\\'s identity. 8.3. Other measures. 9. Final remarks.

  16. EPA Administrative Law Judge Legal Documents

    Science.gov (United States)

    This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the Administrator of the EPA. The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws. Administrative Law Judges preside in enforcement and permit proceedings in accordance with the Administrative Procedure Act. Most enforcement actions initiated by the EPA are for the assessment of civil penalties. The Decisions and Orders are organized into three categories: (1) alphabetical listing by the respondent involved, (2) reverse chronological listing by date, and (3) Decisions and Orders under FIFRA Section 6. This dataset includes Decisions and Orders dating back to 1989 in the Reverse Chronological list, Decisions and Orders dating back to 1997 in the Alphabetical list, and a few Decisions and Orders dating back to 1974 under FIFRA Section 6.

  17. 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...

  18. Supreme Court rejects challenge to FACE.

    Science.gov (United States)

    1996-10-25

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

  19. Juvenile polyposis syndrome

    Institute of Scientific and Technical Information of China (English)

    Lodewijk AA Brosens; Danielle Langeveld; W Arnout van Hattem; Francis M Giardiello; G Johan A Offerhaus

    2011-01-01

    Juvenile polyposis syndrome is a rare autosomal dominant syndrome characterized by multiple distinct juvenile polyps in the gastrointestinal tract and an increased risk of colorectal cancer.The cumulative life-time risk of colorectal cancer is 39% and the relative risk is 34.Juvenile polyps have a distinctive histology characterized by an abundance of edematous lamina propria with inflammatory cells and cystically dilated glands lined by cuboidal to columnar epithelium with reactive changes.Clinically, juvenile polyposis syndrome is defined by the presence of 5 or more juvenile polyps in the colorectum,juvenile polyps throughout the gastrointestinal tract or any number of juvenile polyps and a positive family history of juvenile polyposis.In about 50%-60% of patients diagnosed with juvenile polyposis syndrome a germline mutation in the SMAD4 or BMPR1A gene is found.Both genes play a role in the BMP/TGF-beta signalling pathway.It has been suggested that cancer in juvenile polyposis may develop through the so-alled "landscaper mechanism" where an abnormal stromal environment leads to neoplastic transformation of the adjacent epithelium and in the end invasive carcinoma.Recognition of this rare disorder is important for patients and their families with regard to treatment,follow-up and screening of at risk individuals.Each clinician confronted with the diagnosis of a juvenile polyp should therefore consider the possibility of juvenile polyposis syndrome.In addition, juvenile polyposis syndrome provides a unique model to study colorectal cancer pathogenesis in general and gives insight in the molecular genetic basis of cancer. This review discusses clinical manifestations, genetics, pathogenesis and management of juvenile polyposis syndrome.

  20. Internal and External Dialogue: a Swedish Approach to Quality Work in Courts

    Directory of Open Access Journals (Sweden)

    Marie B. Hagsgård

    2014-12-01

    Full Text Available When evaluation shows that a court is not delivering justice in the best possible way, change in the way a court operates can be hard to accomplish. One way is to engage all judges and staff in an internal and external dialogue about the way the court is functioning and how to improve it. When judges and staff are actively involved in evaluating the present situation, in analyzing, suggesting and implementing new measures and in evaluating the effects of those measures, improvements can be reached in the way the court operates in a range of areas. The deployment of such approach in a growing number of Swedish courts is an indicator of the success of the method.At present the majority of Swedish courts are involved in a broad external dialogue, where judges and staff attend meetings with prosecutors and lawyers and interview court users. The aim of the dialogue is to evaluate and improve information and treatment of parties and witnesses and the writing of intelligible judgments. Cuando una evaluación muestra que un tribunal no está administrando justicia de la mejor manera posible, puede ser difícil lograr cambiar la forma en que ese tribunal funciona. Una opción es involucrar a todos los jueces y personal en un diálogo interno y externo sobre el funcionamiento del tribunal y cómo se podría mejorar. Cuando los jueces y el personal participan activamente en la evaluación de la situación actual, analizando, sugiriendo y desarrollando nuevas medidas y evaluando los efectos de esas medidas, se pueden conseguir mejoras en la forma en la que el tribunal opera en diferentes áreas. El uso de este enfoque en un número creciente de tribunales suecos es un indicador del éxito del método.En la actualidad la mayoría de los tribunales suecos están involucrados en un amplio diálogo externo, en el que jueces y personal participan en reuniones con fiscales y abogados y se entrevistan con usuarios de los tribunales. El objetivo del diálogo es

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

    Science.gov (United States)

    Denniston, L

    1994-04-28

    The US Supreme Court began hearing arguments on the constitutionality of a Florida judge's order which placed limits on anti-abortion protesting. This case will be the last abortion--related decision for Justice Harry A. Blackmun, who was the author of the original decision granting the right to abortion in Roe vs. Wade, before retiring from the Court in September 1994. Anti-abortion activists claim 1st Amendment protection, much the same as Dr. Martin Luther King's marches in advancing Blacks' civil rights. The case involved a Melbourne abortion clinic. The murder of Dr. Gunn outside an abortion clinic in Pensacola, Florida, will be used to support the need for protection from extremist violence. The conflict appears to be over the right to save women's right to abortion and over simple, peaceful protests and prayers against abortion. One anti-abortion foe, affiliated with Operational Rescue and initiating the appeal to the Supreme Court, is scheduled to testify before the Court: Judy Madsen, a protester who has counseled outside clinics. Ms. Madsen says she is exercising her freedom to protect human life. Other testimony will come from Reverend Ed Martin of Ocala, Rescue America's founder, and Shirley Hobbs, a homemaker from Orlando. Representation will be made by lawyer Matthew Staver, who will argue that the ruling was directed to a political position. Other support will come from religious and anti-abortion groups and the AFL-CIO. Testifying for the clinic, the Aware Women's Center for Choice, will be the owner and operator Patricia Baird Windle. Over the past 5 years, the Melbourne Clinic had been a target for the nationwide anti-abortion campaign by Operation Rescue. Because of the conflicting rulings between the Florida Supreme Court, which ruled to keep protesters away from clinic grounds and staff homes, and 11th US Circuit Court of Appeals ruling of unconstitutionality, no protection is afforded the clinic. Previous protection had occurred due to a 1992

  2. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    Science.gov (United States)

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  3. National Courts and EU Law

    DEFF Research Database (Denmark)

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

  4. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

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

  5. Gymnastic Judges Benefit from Their Own Motor Experience as Gymnasts

    Science.gov (United States)

    Pizzera, Alexandra

    2012-01-01

    Gymnastic judges have the difficult task of evaluating highly complex skills. My purpose in the current study was to examine evidence that judges use their sensorimotor experiences to enhance their perceptual judgments. In a video test, 58 judges rated 31 gymnasts performing a balance beam skill. I compared decision quality between judges who…

  6. 46 CFR 5.19 - Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Administrative Law Judge. 5.19 Section 5.19 Shipping... REGULATIONS-PERSONNEL ACTION Definitions § 5.19 Administrative Law Judge. (a) An Administrative Law Judge... has delegated to Administrative Law Judges the authority to admonish, suspend, with or...

  7. 49 CFR 386.54 - Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and...

  8. 28 CFR 68.26 - Designation of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Designation of Administrative Law Judge... PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF... Designation of Administrative Law Judge. Hearings shall be held before an Administrative Law Judge...

  9. 4 CFR 28.23 - Disqualification of administrative judges.

    Science.gov (United States)

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Disqualification of administrative judges. 28.23 Section... of administrative judges. (a) In the event that an administrative judge considers himself or herself... there is a basis for disqualification. (c) The administrative judge shall rule on the withdrawal...

  10. 5 CFR 1201.125 - Administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative law judge. 1201.125... § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action... administrative law judge will issue an initial decision on the complaint pursuant to 5 U.S.C. 557. The...

  11. 29 CFR 102.37 - Disqualification of administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Disqualification of administrative law judge. 102.37... Hearings § 102.37 Disqualification of administrative law judge. An administrative law judge may withdraw.... If, in the opinion of the administrative law judge, such affidavit is filed with due diligence and...

  12. 29 CFR 101.11 - Administrative law judge's decision.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision. 101.11 Section 101.11... Administrative law judge's decision. (a) At the conclusion of the hearing the administrative law judge prepares a... administrative law judge may recommend dismissal or sustain the complaint, in whole or in part, and...

  13. 47 CFR 0.341 - Authority of administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Authority of administrative law judge. 0.341... Delegations of Authority Administrative Law Judges § 0.341 Authority of administrative law judge. (a) After an administrative law judge has been designated to preside at a hearing and until he has issued an initial...

  14. 29 CFR 18.30 - Unavailability of administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Unavailability of administrative law judge. 18.30 Section 18... BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES General § 18.30 Unavailability of administrative law judge. In the event the administrative law judge designated to conduct the hearing becomes unavailable,...

  15. 29 CFR 18.29 - Authority of administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Authority of administrative law judge. 18.29 Section 18.29... BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES General § 18.29 Authority of administrative law judge. (a) General powers. In any proceeding under this part, the administrative law judge shall have all...

  16. 43 CFR 4.1308 - Decision by administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Decision by administrative law judge. 4... Decision by administrative law judge. (a) The administrative law judge shall issue a written decision.... (b) If the administrative law judge concludes that the individual is liable for an individual...

  17. 40 CFR 209.18 - Administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 24 2010-07-01 2010-07-01 false Administrative law judge. 209.18... law judge. (a) General. The administrative law judge shall conduct a fair and impartial hearing in... form whenever in the opinion of the administrative law judge oral testimony is not necessary for...

  18. 43 CFR 4.1157 - Determination by administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Determination by administrative law judge... judge. (a) The administrative law judge shall incorporate in his decision concerning the civil penalty.... (b) If the administrative law judge finds that— (1) A violation occurred or that the fact...

  19. 30 CFR 44.20 - Designation of administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Designation of administrative law judge. 44.20... STANDARDS Hearings § 44.20 Designation of administrative law judge. Within 5 days after receipt of a... Judge shall designate an administrative law judge appointed under section 3105 of Title 5 of the...

  20. 29 CFR 417.6 - Powers of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Powers of Administrative Law Judge. 417.6 Section 417.6... Administrative Law Judge. The designated Administrative Law Judge shall have authority: (a) To give notice... other actions authorized by the regulations in this part. The Administrative Law Judge's authority...

  1. 28 CFR 68.29 - Unavailability of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING... FRAUD § 68.29 Unavailability of Administrative Law Judge. In the event the Administrative Law Judge... another Administrative Law Judge for the purpose of further hearing or other appropriate action....

  2. 14 CFR 13.205 - Administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Administrative law judges. 13.205 Section... Administrative law judges. (a) Powers of an administrative law judge. In accordance with the rules of this subpart, an administrative law judge may: (1) Give notice of, and hold, prehearing conferences...

  3. 17 CFR 12.305 - Disqualification of Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... Administrative Law Judge. 12.305 Section 12.305 Commodity and Securities Exchanges COMMODITY FUTURES TRADING... Disqualification of Administrative Law Judge. (a) At his own request. An Administrative Law Judge may withdraw from... of a party. Any party may request an Administrative Law Judge to disqualify himself on the grounds...

  4. 29 CFR 18.25 - Designation of administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Designation of administrative law judge. 18.25 Section 18.25... BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES General § 18.25 Designation of administrative law judge. Hearings shall be held before an administrative law judge appointed under 5 U.S.C. 3105 and assigned to...

  5. 20 CFR 410.635 - Disqualification of Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Disqualification of Administrative Law Judge... Disqualification of Administrative Law Judge. No Administrative Law Judge shall conduct a hearing in a case in... Administrative Law Judge shall consider such objection and shall, in his discretion, either proceed with...

  6. 29 CFR 457.18 - Chief Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Chief Administrative Law Judge. 457.18 Section 457.18 Labor... GENERAL Meaning of Terms as Used in This Chapter § 457.18 Chief Administrative Law Judge. Chief Administrative Law Judge means the Chief Administrative Law Judge, U.S. Department of Labor, Washington, DC 20210....

  7. 22 CFR 1421.9 - Chief Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Chief Administrative Law Judge. 1421.9 Section... OF TERMS AS USED IN THIS SUBCHAPTER § 1421.9 Chief Administrative Law Judge. Chief Administrative Law Judge means the Chief Administrative Law Judge of the Authority....

  8. 27 CFR 71.95 - Responsibilities of administrative law judges.

    Science.gov (United States)

    2010-04-01

    ... administrative law judges. 71.95 Section 71.95 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND... PERMIT PROCEEDINGS Administrative Law Judges § 71.95 Responsibilities of administrative law judges. Administrative law judges shall be under the administrative control of the Administrator. They shall...

  9. 28 CFR 0.117 - Office of Chief Immigration Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Office of Chief Immigration Judge. 0.117... Executive Office for Immigration Review § 0.117 Office of Chief Immigration Judge. The Chief Immigration Judge shall provide general supervision to the Immigration Judges in performance of their duties...

  10. Gymnastic Judges Benefit from Their Own Motor Experience as Gymnasts

    Science.gov (United States)

    Pizzera, Alexandra

    2012-01-01

    Gymnastic judges have the difficult task of evaluating highly complex skills. My purpose in the current study was to examine evidence that judges use their sensorimotor experiences to enhance their perceptual judgments. In a video test, 58 judges rated 31 gymnasts performing a balance beam skill. I compared decision quality between judges who…

  11. 32 CFR 776.31 - Former judge or arbitrator.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Former judge or arbitrator. 776.31 Section 776... Rules of Professional Conduct § 776.31 Former judge or arbitrator. (a) Former judge or arbitrator: (1... substantially as a judge or other adjudicative officer, arbitrator, or law clerk to such a person, unless...

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

    Directory of Open Access Journals (Sweden)

    Dacian DRAGOŞ

    2010-10-01

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

  13. 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.

  14. Evolution of recidivism risk, using the YLS/CMI Inventory in a population of juvenile offenders

    Directory of Open Access Journals (Sweden)

    Keren Cuervo Gómez

    2017-05-01

    Full Text Available Risk assessment in juvenile recidivism allows understanding the specific factors that drives the juvenile to the commission of offences. Most of these juveniles will have a punctual relation with the justice system and only a small percentage will persist in this type of conducts. However, it seems that society perceives these juveniles as high risk offenders with high rates of recidivism. Hence, with the aim to clarify this topic, the objective of this paper is to explore the general risk of recidivism and the areas with higher risk, examining the risk of recidivism in a follow up period. Participants in this research were juveniles with a criminal record in the Juvenile Court of Castellón (N = 210. The Youth Level of Service/Case Management Inventory (YLS/CMI was administered to the juveniles along the follow up period of two years. Results show a majoritary profile of low risk juveniles, and a punctual relation with justice, rejecting the belief of dangerousness on juvenile offenders. On the contrary, juvenile recidivists with long criminal trajectories are in fact characterized by a high risk that would increase throughout the follow up period.

  15. The International Criminal Court: a New International Instrument against Impunity

    Directory of Open Access Journals (Sweden)

    Xabier Deop

    2000-12-01

    Full Text Available Summary: On July 17, 1998 in Rome, the creation of an International Criminal Court (ICC was approved, its Statute to go into effect on ratification by 60 states. The ICC would have jurisdiction in judging the crime of aggression, the crime of genocide, crimes against humanity and crimes of war. This article presents the fundamental aspects of the ICC Statute with particular attention to the crimes placed under the Court’s jurisdiction, the carrying out of investigations of possible crimes, the rights of suspects and those charged with crimes, and sentencing. In conclusion, despite certain notable shortcomings, its very creation can be said to represent an important step against the impunity of the most serious international crimes.

  16. How Do Raters Judge Spoken Vocabulary?

    Science.gov (United States)

    Li, Hui

    2016-01-01

    The aim of the study was to investigate how raters come to their decisions when judging spoken vocabulary. Segmental rating was introduced to quantify raters' decision-making process. It is hoped that this simulated study brings fresh insight to future methodological considerations with spoken data. Twenty trainee raters assessed five Chinese…

  17. Harry Judge and Oxford: College and University

    Science.gov (United States)

    Halsey, A. H.

    2008-01-01

    Has Harry Judge's career reproduced in a lifetime the centuries-old history of Brasenose College and the University of Oxford? His biography and the history of his college in relation to Christian belief and modern university reform are briefly recapitulated. All tell a story of adaptation and modernisation, the man short, the college long, the…

  18. Judging the international transfer of technology

    NARCIS (Netherlands)

    Steenhuis, H.J.; de Bruijn, E.J.

    2000-01-01

    International transfer of technology is a widely discussed area in the scientific literature. Although many different factors are discussed in the literature that affect the transfer of technology, it is not clear how to judge the performance of companies involved in international technology

  19. 7 CFR 900.55 - Judges.

    Science.gov (United States)

    2010-01-01

    ... matter as a part of the record and decision in the proceeding, after making such investigation or holding... of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and... Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders § 900.55 Judges....

  20. 7 CFR 1200.7 - Judge.

    Science.gov (United States)

    2010-01-01

    ... matter as a part of the record and decision in the proceeding, after making such investigation or holding... 7 Agriculture 10 2010-01-01 2010-01-01 false Judge. 1200.7 Section 1200.7 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS...

  1. Judging The International Transfer Of Technology

    NARCIS (Netherlands)

    Steenhuis, Harm-Jan; Bruijn, de Erik J.

    2000-01-01

    International transfer of technology is a widely discussed area in the scientific literature. Although many different factors are discussed in the literature that affect the transfer of technology, it is not clear how to judge the performance of companies involved in international technology transfe

  2. COMPARED LAW ISSUES REGARDING THE JUDGE SUPERVISING THE LIMITATION OF FREEDOM

    Directory of Open Access Journals (Sweden)

    Gabriela-Nicoleta CHIHAIA

    2016-05-01

    Full Text Available According to Law no. 254/2013 regarding the execution of sentences and custodial measures ordered by the court during the criminal trial, the judge that oversees the limitation of freedom process to monitor and control the execution of sentences and ensures the legality of custodial measures. Although Spanish and Italian law systems influenced the institution of this judge it did not copy the regulation from this countries, but continues the line started in our country by Law no. 275/2006, which regulated the judge delegated for the execution of custodial sentences. This study aims without trying to be exhaustive, to present different models adopted by European countries in the matter of justices that control the activity during the execution of custodial sentences. Thus we analyzed the laws of Italy, Spain and Germany. Without trying to prioritize these European regulations, the paper aims to present the legal nature of the activity of this type of justice in relation to the regulated activity of the Romanian legislation, which mentions that his or hers responsibilities are administrative and also administrative jurisdictional. We also note the similarities between the powers of this type of judge in the European countries presented, regarding, for example, the complaints of inmates against prison conditions or infringements of their rights, but at the same time the difference which will be highlighted in particular in relation to the status of these judges. In the last part of the paper we present a number of problems and we propose possible solutions to their law by adopting new legal provisions taken from the laws of the European countries analyzed in this study.

  3. Adult male coatis play with a band of juveniles.

    Science.gov (United States)

    Logan, C J; Longino, J T

    2013-05-01

    This study examined the play behaviour in one group of coatis (Nasua narica) at La Selva Biological Station in Costa Rica. We incidentally found adult males playing with juvenile coatis, and conducted post-hoc analyses to investigate this interaction. Coati groups consist of adult females and juveniles of both sexes until male juveniles reach two years of age and leave the band to become solitary. Adult males only tolerate juveniles for a brief period during breeding season when the males court females to mate. Outside of the breeding season, adult males are known to prey on juveniles. In this study, when adult males were present with the band, play occurred more than was expected by chance, and adult males engaged in many of these play bouts. Because the mechanisms driving infanticidal behaviour are not well understood, and adult male coatis show a range of behaviours from infanticide to highly affiliative interactions with juveniles, using coatis as a model system may elucidate mechanisms underlying infanticide.

  4. 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’.

  5. Defending the Absurd: The Iconoclast's Guide to Section 47(1 of the Superior Courts Act 10 of 2013

    Directory of Open Access Journals (Sweden)

    Haneen McCreath

    2014-12-01

    Full Text Available This contribution was intended as a defence of section 25(1 of the Supreme Court Act 59 of 1959. However, the Supreme Court Act was repealed in August 2013 and replaced by the Superior Courts Act 10 of 2013, and in the process section 25(1 of the former gave way to section 47(1 of the latter. Both sections concern the doctrine of leave to sue judges in South Africa. Both prescribe that any civil litigation against a judge requires the consent of the court out of which such litigation is to be launched. Both apply to civil suits against judges for damage caused by either their judicial or their non-judicial conduct. Although section 25(1 had been one of the more inconspicuous sections of the Supreme Court Act, it was contested on occasion. Both curial and extra-curial challenges to section 25(1 assailed its constitutionality, alleging essentially that its provisions violated the right of access to courts enshrined in section 34 of the Constitution of the Republic of South Africa, 1996 and that such violation did not meet the limitation criteria contained in section 36. It may be anticipated with considerable confidence, given its legal continuity with section 25(1, that any serious assault upon section 47(1 of the Superior Courts Act also will focus upon its relationship to section 34 of the Constitution. This contribution is a pre-emptive defence of section 47(1 of the Superior Courts Act and, by extrapolation, a belated justification of section 25(1 of the Supreme Court Act. An attempt will be made to demonstrate, contrary to conventional wisdom, that section 47(1 does not limit section 34 and passes constitutional muster at the first level of enquiry, thereby obviating the need for advancing to the second level of enquiry contained in section 36 of the Constitution. The jurisprudential crux of section 47(1 of the Superior Courts Act is embedded in the nature of the judicial office and its core value of judicial impartiality. The procedural

  6. Justice blocks and predictability of US Supreme Court votes

    CERN Document Server

    Guimera, Roger; 10.1371/journal.pone.0027188

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Łukasz Machaj

    2011-06-01

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

  8. HIV testing among non-incarcerated substance-abusing juvenile offenders.

    Science.gov (United States)

    Tolou-Shams, Marina; Conrad, Selby; Louis, Alaina; Shuford, Sarah Hart; Brown, Larry K

    2015-11-01

    Juvenile offenders are a subgroup of adolescents at particular risk for HIV/STI infection. Although HIV prevalence among these youth is low (rates of other STIs, unprotected sexual activity, multiple partners, and incidents of substance use during sex are high compared with other adolescent populations. Many of these youth will enter the adult criminal justice system, which is known to have an extremely high rate of HIV infection. US constitutional mandates provide HIV/STI testing for incarcerated juveniles, but close to 80% of juvenile arrestees are never detained. Moreover, although they engage in similar HIV risk behaviors as those detained, they have limited access to available HIV/STI testing services. Thus, our study examined rates of lifetime HIV testing among a pilot sample of 60 court-involved, substance-using juveniles monitored in the community to explore rates of testing and the reasons related to lifetime testing among a high-risk, yet understudied US juvenile population.

  9. Laverne A. Jacobs & Justice Anne L. Mactavish, eds., Dialogue Between Court And Tribunals – Essays In Administrative Law And Justice (2001- 2007

    Directory of Open Access Journals (Sweden)

    Gerald P. Heckman

    2009-10-01

    Full Text Available “Dialogue between Courts and Tribunals,” a title that could describe the interplay between judges and decision-makers in the context of the judicial review of administrative decisions, in fact refers to a series of annual roundtables organized by the Canadian Institute for the Administration of Justice [CIAJ].

  10. Even Lesbian Youths or Those Presumed to Be Lesbians Are Protected by the Constitution of Uganda--But to a Limited Extent: Rules the High Court

    Science.gov (United States)

    Mujuzi, Jamil Ddamulira

    2009-01-01

    The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

  11. Even Lesbian Youths or Those Presumed to Be Lesbians Are Protected by the Constitution of Uganda--But to a Limited Extent: Rules the High Court

    Science.gov (United States)

    Mujuzi, Jamil Ddamulira

    2009-01-01

    The Ugandan Penal Code criminalizes same-sex relationships. The author analyzes the Ugandan High Court decision where the judge relied on the Constitution and international human rights instruments to hold that law enforcement officers must respect the rights to privacy and human dignity even of those people presumed to be in same-sex…

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

    Directory of Open Access Journals (Sweden)

    Sementsov Nikolay Yur’evich

    2013-11-01

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

  13. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

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

  14. Speech Cases Turned Aside by High Court

    Science.gov (United States)

    Walsh, Mark

    2012-01-01

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

  15. International organizations before national courts

    CERN Document Server

    Reinisch, August

    2000-01-01

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

  16. Logistic versus Hazards Regression Analyses in Evaluation Research: An Exposition and Application to the North Carolina Court Counselors' Intensive Protective Supervision Project.

    Science.gov (United States)

    Land, Kenneth C.; And Others

    1994-01-01

    Advantages of using logistic and hazards regression techniques in assessing the overall impact of a treatment program and the differential impact on client subgroups are examined and compared using data from a juvenile court program for status offenders. Implications are drawn for management and effectiveness of intensive supervision programs.…

  17. Practical Skills of Rhythmic Gymnastics Judges

    Science.gov (United States)

    Fernandez-Villarino, Maria A.; Bobo-Arce, Marta; Sierra-Palmeiro, Elena

    2013-01-01

    The aim of this study was to analyze the practical skills of rhythmic gymnastics judges and to identify how their degree and experience influence the assessment of these skills. Sixty one rhythmic gymnastics judges participated in the study. A questionnaire was used for data collection. This tool was composed of 28 questions and divided into six categories: identification, experience, initial training, continuing education, skills and training needs. The results suggest that the most valued skills are those related to the sport’s technical parameters and the ability to adapt to any level of competition with self-confidence and self-assuredness. Significant differences were found regarding the variables for: the ability to communicate (p = 0.002) and for the ability to observe, identify and register performance (p = 0.005). The results showed that experience was not a decisive factor in assessing skills. This study thus presents evidence that rhythmic gymnastics judges must implement and optimise a set of skills that contribute to the effectiveness of the assessment process. These findings might help in the design of programs and training models that contribute to effective professional development. PMID:24511360

  18. Victimological aspects of court judgments

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2012-01-01

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

  19. Juvenile giant fibroadenoma

    Directory of Open Access Journals (Sweden)

    Vipul Yagnik

    2011-07-01

    Full Text Available Fibroadenomas are benign solid tumor associated with aberration of normal lobular development. Juvenile giant fibroadenoma is usually single and >5 cm in size /or >500 gms in weight. Important differential diagnoses are: phyllodes tumor and juvenile gigantomastia. Simple excision is the treatment of choice.

  20. Renewing Juvenile Justice

    Science.gov (United States)

    Macallair, Daniel; Males, Mike; Enty, Dinky Manek; Vinakor, Natasha

    2011-01-01

    The Center on Juvenile and Criminal Justice (CJCJ) was commissioned by Sierra Health Foundation to critically examine California's juvenile justice system and consider the potential role of foundations in promoting systemic reform. The information gathered by CJCJ researchers for this report suggests that foundations can perform a key leadership…

  1. Philanthropist in Juvenile Reformatory

    Institute of Scientific and Technical Information of China (English)

    HAN NIU

    2007-01-01

    @@ On the afternoon of February 1, 2007, Chen Guangbiao, a noted philanthropist, found himself in the Jiangsu Provincial Juvenile Reformatory in Jurong City for a ceremony to donate two buses, 100 computers, and 100 desks and 100 chairs for the juvenile offenders to use in their study.

  2. Parenting and juvenile delinquency

    NARCIS (Netherlands)

    Hoeve, Machteld

    2008-01-01

    Juvenile delinquency is a noteworthy problem. This thesis addressed the association between parenting and juvenile delinquency by analyzing the concepts of parenting adopted in family research in relation to criminological concepts and measures of delinquent behavior. Four studies were conducted. Th

  3. Juvenile Confinement in Context

    Science.gov (United States)

    Mendel, Richard A.

    2012-01-01

    For more than a century, the predominant strategy for the treatment and punishment of serious and sometimes not-so-serious juvenile offenders in the United States has been placement into large juvenile corrections institutions, alternatively known as training schools, reformatories, or youth corrections centers. America's heavy reliance on…

  4. Parenting and juvenile delinquency

    NARCIS (Netherlands)

    Hoeve, Machteld

    2008-01-01

    Juvenile delinquency is a noteworthy problem. This thesis addressed the association between parenting and juvenile delinquency by analyzing the concepts of parenting adopted in family research in relation to criminological concepts and measures of delinquent behavior. Four studies were conducted. Th

  5. The Right of Access to Court

    Directory of Open Access Journals (Sweden)

    Sokol Mëngjesi

    2015-03-01

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

  6. Juvenile mammary papillomatosis; Papilomatosis juvenil mamaria

    Energy Technology Data Exchange (ETDEWEB)

    Alvarez, M.; Jimenez, A. V. [Hospital Reina Sofia. Cordoba (Spain)

    2001-07-01

    Juvenile mammary papillomatosis is a benign proliferative disease of young patients, generally under 30 years of age. The most frequent clinical presentation is the existence of an elastic and mobile lymph node of the breast. Anatomopathologically, it is characterized because it presents ductal epithelial hyperplasia, sometimes with marked atypia, and there are numerous cysts having different sizes among the findings. It has been associated with an increase in the incidence of breast cancer, both in the patient herself as well as her family. We review the literature on the subject and present the mammographic and ultrasonographic findings of a 22 year old woman diagnosed of juvenile mammary papillomatosis. (Author) 12 refs.

  7. Virginia Tech Horse Judging Team leaves its mark in Texas

    OpenAIRE

    Greiner, Lori A.

    2010-01-01

    The Virginia Tech Horse Judging Team completed a successful spring competition season with a win at the American Paint Horse Association's Spring Intercollegiate Horse Judging Sweepstakes in Fort Worth, Texas.

  8. "Judges of the Velum" and "Judges of the Hippodrome" in Thessalonike (11th c.

    Directory of Open Access Journals (Sweden)

    Andreas GKOUTZIOUKOSTAS

    2010-09-01

    Full Text Available The present study focuses on judicial officers coming from Constantinople to Thessalonike in the 11th century. The judge of the theme of Thessalonike was in charge of trying cases in the region. From the second fifth of the 11th century, however, his jurisdiction was extended to the greater financial and judicial unit of Boleron, Strymon and Thessalonike as well. Lead seals and documents from the archives of the monasteries of Athos prove that many of the krites of Boleron, Strymon and Thessalonike had been previously krites of the velum and judges of the hippodrome who performed their duties in the capital and belonged to the ranks of the “small judges”. These judicial officers tried cases that were referred to them, while they could also function as assessors of the “great” or superior judges of Constantinople, i.e. the droungarios of the vigla, the dikaiodotes, the protoasecretis, the eparchos of the city, the koiaistor and the epi ton kriseon. The latter could delegate the authority to try cases to the “small” or inferior judges. Consequently, the judges of the velum and the judges of the hippodrome could also be sent from Constantinople to the themes by the emperor or other officials, in order to examine some cases and then return to the capital. This is confirmed by the primary sources, which mention for example the case of judge of the hippodrome Michael Rhodios, who was sent by Alexios I Komnenos in 1084 from Constantinople to the region of Thessalonike, in order to examine a dispute between the Lavra monastery and the brother of the emperor, Adrian. Some years later Michael Rhodios was sent again to try cases in Thessalonike, but this time as krites of Boleron, Strymon and Thessalonike. Consequently, apart from the judge of Boleron, Strymon and Thessalonike, other judges delegated by the emperor or by high officers could also examine cases there, as happened in other themes. From the 14th century on, as Macedonia developed

  9. Supreme Court Biographies as a Classroom Resource

    Science.gov (United States)

    Ryan, John Paul

    2009-01-01

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

  10. The Supreme Court in the Culture Wars.

    Science.gov (United States)

    Rabkin, Jeremy

    1996-01-01

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

  11. 28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

    African Journals Online (AJOL)

    Fr. Ikenga

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

  12. Enhancing Residential Treatment for Drug Court Participants

    Science.gov (United States)

    Koob, Jeff; Brocato, Jo; Kleinpeter, Christine

    2011-01-01

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

  13. 28 CFR 902.7 - Court action.

    Science.gov (United States)

    2010-07-01

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

  14. The Supreme Court as a Small Group.

    Science.gov (United States)

    Brownlee, Don

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

  15. The Roberts Court and Academic Freedom

    Science.gov (United States)

    Rahdert, Mark C.

    2007-01-01

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

  16. Court Seen Balky on Religion Cases

    Science.gov (United States)

    Walsh, Mark

    2010-01-01

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

  17. The color of juvenile justice: racial disparities in dispositional decisions.

    Science.gov (United States)

    Fader, Jamie J; Kurlychek, Megan C; Morgan, Kirstin A

    2014-03-01

    Existing research on dispositional decisions typically models the outcome as merely placed or not placed. However, this does not accurately reflect the wide variation in residential options available to juvenile court actors. In this research, we combine data from ProDES, which tracks adjudicated youth in Philadelphia, with data from the Program Design Inventory, which describes over 100 intervention programs, to further examine the factors that influence court actors' decision making in selecting an appropriate program for a juvenile offender. We find that even after controlling for legal and needs-based factors, race continues to exert a significant influence, with decision makers being significantly more likely to commit minority youth to facilities using physical regimen as their primary modality and reserving smaller, therapeutic facilities for their white counterparts. Using focal concerns theory as an explanatory lens, we suggest that court actors in this jurisdiction employ a racialized perceptual shorthand of youthful offenders that attributes both higher levels of blame and lower evaluations of reformability to minority youth.

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

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

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

  19. CONSTITUTIONAL TRADITIONALISM IN THE ROBERTS COURT

    Directory of Open Access Journals (Sweden)

    Louis J Virelli III

    2011-05-01

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

  20. Legal certainty in taxation at authorities and courts of law: a nordic view of specialization and unbiasedness

    Directory of Open Access Journals (Sweden)

    Tjernberg Mats

    2016-05-01

    Full Text Available Legal certainty is central to taxation decisions. This article describes the current legal situation and discussions in four Nordic countries. Sweden and Finland are specialized in dealing with taxation cases in administrative courts. In Denmark and Norway, no specialization exists in taxation cases. I maintain in this article that legal certainty would benefit from explicit signals from the state about the requirement of special knowledge and unbiasedness in authority and court decisions. These signals could well take the form of specialization in the courts. The need for specialized expertise is particularly extensive in tax law. It is also crucial for the agencies’ officials and judges to be aware that a subjective sense of unbiasedness in decision making does not necessarily mean that the unbiasedness aimed for has been attained. Self-awareness of this kind would ensure that argumentation and grounds for decisions would be made credible and transparent, to the benefit of legal certainty.

  1. Courting the expert: a clash of culture?

    Science.gov (United States)

    Caldwell, P

    2005-06-01

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

  2. 29 CFR 501.37 - Referral to Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Referral to Administrative Law Judge. 501.37 Section 501.37... to Administrative Law Judge. (a) Upon receipt of a timely request for a hearing filed pursuant to and... shall be filed of record in the Office of the Chief Administrative Law Judge and shall, respectively,...

  3. 31 CFR 501.740 - Decision of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Decision of Administrative Law Judge... REGULATIONS Trading With the Enemy Act (TWEA) Penalties § 501.740 Decision of Administrative Law Judge. The Administrative Law Judge shall prepare a decision that constitutes his or her final disposition of...

  4. 31 CFR 15.737-19 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 15.737-19... CONFLICT OF INTEREST Administrative Enforcement Proceedings § 15.737-19 Administrative Law Judge. (a) Appointment. An Administrative Law Judge appointed as provided by 5 U.S.C. 3105 (1966), shall...

  5. 29 CFR 502.37 - Referral to Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Referral to Administrative Law Judge. 502.37 Section 502.37... § 502.37 Referral to Administrative Law Judge. (a) Upon receipt of a timely request for a hearing filed... Judge, for a determination in an administrative proceeding as provided herein. The notice...

  6. 31 CFR 8.62 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 8.62... BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Disciplinary Proceedings § 8.62 Administrative Law Judge. (a) Appointment. An Administrative Law Judge, appointed as provided by 5 U.S.C. 3105, shall conduct...

  7. 14 CFR 302.607 - Decision by administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Decision by administrative law judge. 302... Proceedings Concerning Airport Fees § 302.607 Decision by administrative law judge. The administrative law judge shall issue a decision recommending a disposition of a complaint or request for...

  8. 31 CFR 501.736 - Authority of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Authority of Administrative Law Judge... REGULATIONS Trading With the Enemy Act (TWEA) Penalties § 501.736 Authority of Administrative Law Judge. The Administrative Law Judge shall have authority to do all things necessary and appropriate to discharge his or...

  9. 43 CFR 4.439 - Action by administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Action by administrative law judge. 4.439... Involving Questions of Fact § 4.439 Action by administrative law judge. Upon completion of the hearing and the incorporation of the summary or transcript in the record, the administrative law judge will...

  10. 17 CFR 200.14 - Office of Administrative Law Judges.

    Science.gov (United States)

    2010-04-01

    ... Organization § 200.14 Office of Administrative Law Judges. (a) Under the Administrative Procedure Act (5 U.S.C. 551-559) and the federal securities laws, the Office of Administrative Law Judges conducts hearings in proceedings instituted by the Commission. The Administrative Law Judges are responsible for the fair...

  11. 20 CFR 655.1035 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Administrative law judge proceedings. 655... Attestations Filed by Employers Utilizing F-1 Students in Off-Campus Work § 655.1035 Administrative law judge....1020 of this part, the Chief Administrative Law Judge shall promptly appoint an administrative...

  12. 10 CFR 706.12 - Administrative Law Judges.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Administrative Law Judges. 706.12 Section 706.12 Energy... and Procedures in National Labor Relations Board Proceedings § 706.12 Administrative Law Judges. By agreement with the National Labor Relations Board, a panel of cleared NLRB administrative law judges...

  13. 29 CFR 500.224 - Referral to Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Referral to Administrative Law Judge. 500.224 Section 500... Hearing § 500.224 Referral to Administrative Law Judge. (a) Upon receipt of a timely request for a hearing... Administrative Law Judge, for a determination in an administrative proceeding as provided herein. The notice...

  14. 43 CFR 4.1121 - Powers of administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Powers of administrative law judges. 4... Evidentiary Hearings § 4.1121 Powers of administrative law judges. (a) Under the regulations of this part, an administrative law judge may— (1) Administer oaths and affirmations; (2) Issue subpoenas; (3) Issue...

  15. 43 CFR 4.1204 - Determination by administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Determination by administrative law judge... administrative law judge. Upon a finding of a violation of section 703 of the act or 30 CFR 865.11, the administrative law judge shall order the appropriate affirmative relief, including but not limited to— (a)...

  16. 43 CFR 4.1122 - Conduct of administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Conduct of administrative law judges. 4.1122 Section 4.1122 Public Lands: Interior Office of the Secretary of the Interior DEPARTMENT HEARINGS... Evidentiary Hearings § 4.1122 Conduct of administrative law judges. Administrative law judges shall adhere...

  17. 29 CFR 801.63 - Referral to Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Referral to Administrative Law Judge. 801.63 Section 801.63... § 801.63 Referral to Administrative Law Judge. (a) Upon receipt of a timely request for a hearing filed... Judge, for a determination in an administrative proceeding as provided herein. The notice...

  18. 46 CFR 502.223 - Decisions-Administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Decisions-Administrative law judges. 502.223 Section 502... PROCEDURE Briefs; Requests for Findings; Decisions; Exceptions § 502.223 Decisions—Administrative law judges. To the administrative law judges is delegated the authority to make and serve initial or...

  19. 29 CFR 458.70 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Administrative Law Judge. 458.70 Section 458.70 Labor... STANDARDS OF CONDUCT Hearing and Related Matters § 458.70 Administrative Law Judge. Each enforcement proceeding instituted pursuant to this part shall be conducted before an Administrative Law Judge...

  20. 29 CFR 1603.202 - Administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Administrative law judge. 1603.202 Section 1603.202 Labor... THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991 Hearings § 1603.202 Administrative law judge. The administrative law judge shall have all the powers necessary to conduct fair, expeditious, and impartial...

  1. 20 CFR 655.645 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Administrative law judge proceedings. 655.645... Alien Crewmembers for Longshore Activities in U.S. Ports § 655.645 Administrative law judge proceedings... of this part, the Chief Administrative Law Judge shall promptly appoint an administrative law...

  2. 28 CFR 68.28 - Authority of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Authority of Administrative Law Judge. 68... PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF... Authority of Administrative Law Judge. (a) General powers. In any proceeding under this part,...

  3. 31 CFR 10.70 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 10.70... INTERNAL REVENUE SERVICE Rules Applicable to Disciplinary Proceedings § 10.70 Administrative Law Judge. (a..., firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed...

  4. 78 FR 52389 - Hearing Officer and Administrative Judge

    Science.gov (United States)

    2013-08-23

    ... 1992-AA36 Hearing Officer and Administrative Judge AGENCY: Office of Hearings and Appeals, Department... nuclear material by replacing the term ``Hearing Officer'' with ``Administrative Judge.'' DATES: This rule... clearance and in other areas, are commonly referred to as ``Administrative Judges.'' To accurately...

  5. 14 CFR 302.17 - Administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Administrative law judges. 302.17 Section... Evidentiary Hearing Proceedings § 302.17 Administrative law judges. (a) Powers and delegation of authority. (1) An administrative law judge shall have the following powers, in addition to any others specified...

  6. 43 CFR 4.474 - Authority of administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Authority of administrative law judge. 4... (inside and Outside Grazing Districts) § 4.474 Authority of administrative law judge. (a) The administrative law judge is vested with the duty and general authority to conduct the hearing in an...

  7. 34 CFR 76.901 - Office of Administrative Law Judges.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Office of Administrative Law Judges. 76.901 Section 76... Procedures Does the Secretary Use To Get Compliance? § 76.901 Office of Administrative Law Judges. (a) The Office of Administrative Law Judges, established under Part E of GEPA, has the following functions:...

  8. 22 CFR 1423.20 - Unavailability of Administrative Law Judges.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Unavailability of Administrative Law Judges... RELATIONS AUTHORITY UNFAIR LABOR PRACTICE PROCEEDINGS § 1423.20 Unavailability of Administrative Law Judges. In the event the Administrative Law Judge designated to conduct the hearing becomes unavailable,...

  9. 29 CFR 6.6 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Administrative Law Judge. 6.6 Section 6.6 Labor Office of... Administrative Law Judge. (a) Equal Access to Justice Act. Proceedings under this part are not subject to the... provisions of this part 6, Administrative Law Judges shall have no power or authority to award attorney...

  10. 29 CFR 530.404 - Referral to Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Referral to Administrative Law Judge. 530.404 Section 530... Administrative Law Judge. Upon receipt of a timely request for a hearing, the request and a copy of the notice of... Law Judge, for a determination in an administrative proceeding as provided herein. The notice...

  11. 31 CFR 8.68 - Decision of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Decision of Administrative Law Judge... Administrative Law Judge. As soon as practicable after the conclusion of a hearing and the receipt of any proposed findings and conclusions timely submitted by the parties, the Administrative Law Judge shall...

  12. 20 CFR 410.634 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative Law Judge. 410.634 Section 410... Review, Finality of Decisions, and Representation of Parties § 410.634 Administrative Law Judge. The... appropriate case, the Deputy Commissioner may designate another Administrative Law Judge or a member...

  13. 20 CFR 655.435 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Administrative law judge proceedings. 655.435... accordance with § 655.420, the Chief Administrative Law Judge shall appoint an administrative law judge to hear the case. (b) Within 7 days following the assignment of the case, the administrative law...

  14. 24 CFR 17.153 - Determination of the Administrative Judge.

    Science.gov (United States)

    2010-04-01

    ... Determination of the Administrative Judge. (a) Following the hearing or the review of the record, the Administrative Judge shall issue a written decision which includes the supporting rationale for the decision. The decision of the Administrative Judge concerning whether a debt or part of a debt is past-due and...

  15. 24 CFR 1720.145 - Disqualification of administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... administrative law judge. (a) When an administrative law judge feels disqualified from presiding in a particular proceeding, the administrative law judge shall withdraw therefrom by notice on the record and shall notify the Secretary of such withdrawal. (b) Whenever any party believes that the administrative law...

  16. 31 CFR 10.76 - Decision of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Decision of Administrative Law Judge... Administrative Law Judge. (a) In general—(1) Hearings. Within 180 days after the conclusion of a hearing and the... adjudication. In the event that a motion for summary adjudication is filed, the Administrative Law Judge...

  17. 29 CFR 580.10 - Referral to Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Referral to Administrative Law Judge. 580.10 Section 580.10... Referral to Administrative Law Judge. (a) Upon receipt of a timely exception to a determination of... Administrative Law Judge, for a determination in an administrative proceeding as provided herein. A copy of...

  18. 5 CFR 2421.10 - Chief Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Chief Administrative Law Judge. 2421.10 Section 2421.10 Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL... § 2421.10 Chief Administrative Law Judge. Chief Administrative Law Judge means the Chief...

  19. Judging Anomalies at the 2010 Olympics in Men's Figure Skating

    Science.gov (United States)

    Looney, Marilyn A.

    2012-01-01

    The purpose of this study was to determine if the 2010 Olympic figure skating judges had trouble scoring Plushenko and the transitions program component, and if the International Skating Union's (ISU) "corridor" method flagged the same judging anomalies as the Rasch analyses. A 3-facet (skater by program component by judge) Rasch rating scale…

  20. 29 CFR 18.605 - Competency of judge as witness.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Competency of judge as witness. 18.605 Section 18.605 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES Rules of Evidence Witnesses § 18.605 Competency of judge as...

  1. Supreme Court upholds abortion rights. Decision underscores "partial-birth" ruse.

    Science.gov (United States)

    Farmer, A

    2000-01-01

    On June 28, 2000, the US Supreme Court issued a decision that rejects Nebraska's ban on "partial-birth abortions." The decision affirmed that this abortion ban, and others like it, are extreme, deceptive and unconstitutional violations of the landmark decision that guaranteed women the liberty to choose abortion 27 years ago. While proponents of the Nebraska statute had attempted to convince the Court that the law only covered a particular abortion procedure known as dilation and extraction (D&X), the majority of judges agreed that the statute was written so broadly, it would affect other abortion procedures as well. Pro-choice organizations are elated by the decision; however, there are still some causes for concern. It is stated that while the Court's decision is a victory for women's rights to choose abortion, it also demonstrates how fragile this right is, as shown in the 5-4 decision. Still, even with only a small margin, this court decision will have immediate effect on rendering all similar statutes unconstitutional.

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

    Science.gov (United States)

    Poulter, Susan

    2000-03-01

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

  3. The Supreme Court upholds parental notice requirements.

    Science.gov (United States)

    1990-01-01

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

  4. The Battle for Rights ̶ Getting Data Protection Cases to Court

    Directory of Open Access Journals (Sweden)

    Megan Richardson

    2015-06-01

    Full Text Available This article compares the legal protection of privacy and personal data principally in common law jurisdictions. It points out that the growth of privacy law in these jurisdictions has traditionally centred on the ability of individuals to bring claims to court, with claims largely dealt with as a matter of common law (i.e. judge-made law. However, the absence of a generally accepted principle that individuals should be free to bring a claim in court for a breach of a statute has worked to limit the development of (statutory data protection norms in the common law world. Nevertheless, the situation now appears to be changing with some recent cases.

  5. THE PRE-TRIAL CHAMBER JUDGE

    Directory of Open Access Journals (Sweden)

    Edgar Laurentiu DUMBRAVA

    2014-12-01

    Full Text Available The importance of this work lies in important changes in the new Code of Criminal Procedure, amendments justified by the new realities of a democratic society in which criminal procedural rules must be adapted according to the daily realities in the achievement of justice. The purpose of the paper is given by the need of approaching at a theoretically level the institution of The Pre-Trial Chamber Judge, given that so far there have not been developed any works on the subject. This paper addresses both practitioners and litigants.

  6. THE PRE-TRIAL CHAMBER JUDGE

    Directory of Open Access Journals (Sweden)

    Edgar Laurenţiu DUMBRAVĂ

    2014-05-01

    Full Text Available The importance of this work lies in important changes in the new Code of Criminal Procedure, amendments justified by the new realities of a democratic society in which criminal procedural rules must be adapted according to the daily realities in the achievement of justice. The purpose of the paper is given by the need of approaching at a theoretically level the institution of The Pre-Trial Chamber Judge, given that so far there have not been developed any works on the subject. This paper addresses both practitioners and litigants.

  7. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

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

    Science.gov (United States)

    Borowski, Allan

    2011-10-01

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

  9. Inmate has no constitutional right to a protease inhibitor, court says.

    Science.gov (United States)

    1999-02-19

    The 10th U.S. Circuit Court of Appeals has ruled that the Kansas Department of Corrections is not violating the rights of inmate [name removed] by refusing to give him protease inhibitors. [Name removed] charged this omission was cruel and unusual punishment even though he is being given an AZT-3TC combination. Although existing Federal guidelines state that effective antiviral therapy calls for the use of three drugs, Judge John Porfilio found that [name removed]' disagreement with the prison doctors about the course of his treatment did not constitute deliberate indifference.

  10. The Future Of Court Interpreting In Croatia

    Directory of Open Access Journals (Sweden)

    Dobrić Katja

    2014-09-01

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

  11. Cryopyrin-Associated Autoinflammatory Syndromes (CAPS) - Juvenile

    Science.gov (United States)

    ... Cryopyrin-Associated Autoinflammatory Syndrome (CAPS) (Juvenile) Dermatomyositis (Juvenile) Familial Mediterranean Fever (Juvenile) Fibromyalgia Giant Cell Arteritis Glucocorticoid-induced Osteoperosis ...

  12. Implications of the federal court order banning the terms "light" and "mild": what difference could it make?

    Science.gov (United States)

    Anderson, Stacey J; Ling, Pamela M; Glantz, Stanton A

    2007-08-01

    Federal District Judge Gladys Kessler found that the major American tobacco companies violated the Racketeer Influenced and Corrupt Organizations Act, defrauding the public by deceptively marketing "light" cigarettes. Judge Kessler's ruling prohibits the defendant tobacco companies from implying health benefits through using misleading terms such as "light", "mild" or "low-tar", or through other indirect means. This ruling could be interpreted narrowly as simply prohibiting certain words, or could be interpreted broadly as prohibiting implying health benefits by any other means, including colour, numbers or images. It is important to include indirect communications, as tobacco companies easily circumvent narrow advertising bans. A narrow interpretation would be inconsistent with the court's comprehensive factual findings of fraudulent intent by the industry. A broad interpretation of the Order, including existing brands, line extensions and new tobacco products such as potential reduced exposure products that are marketed as "cigarettes", Judge Kessler's order could make a substantial contribution to protecting health.

  13. Juvenil idiopatisk arthritis

    DEFF Research Database (Denmark)

    Herlin, Troels

    2002-01-01

    The new classification of juvenile idiopathic arthritis (JIA) is described in this review. Clinical characteristics divide JIA in to subtypes: systemic, oligoarticular (persistent and extended type), RF-positive and--negative polyarticular, enthesitis-related arthritis and psoriatic arthritis...

  14. Juvenile Rockfish Recruitment Cruise

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — In 1983, the groundfish analysis project began a series of yearly cruises designed to assess the annual abundance of juvenile rockfish along the central California...

  15. Juvenile Idiopathic Arthritis

    Science.gov (United States)

    ... Physical Therapy Regular Exercise en español Artritis idiopática juvenil It may begin with a swollen knuckle, a ... may suddenly appear and disappear, developing in one area and then another. High fevers that tend to ...

  16. Juvenile Sex Offenders.

    Science.gov (United States)

    Ryan, Eileen P; Otonichar, Joseph M

    2016-07-01

    Sexual offending by juveniles accounts for a sizable percentage of sexual offenses, especially against young children. In this article, recent research on female juvenile sex offenders (JSOs), risk factors for offending in juveniles, treatment, and the ways in which these youth may differ from general delinquents will be reviewed. Most JSOs do not go on to develop paraphilic disorders or to commit sex offenses during adulthood, and as a group, they are more similar to nonsexual offending juvenile delinquents than to adult sex offenders. Recent research has elucidated some differences between youth who commit sex offenses and general delinquents in the areas of atypical sexual interests, the use of pornography, and early sexual victimization during childhood.

  17. Judging the Judges: An Analysis of Ballots in Impromptu and Extemporaneous Speaking.

    Science.gov (United States)

    Cronn-Mills, Daniel; Croucher, Stephen M.

    The goal of forensics is to teach students the complexity and impact of communication on the human condition. The ballot is the key to the educational process within the competitive realm of forensics. The judge is both an adjudicator and a teacher within each round, and, therefore, ballots should provide students with comments indicating reasons…

  18. Juvenile Spondyloarthritis Treatment Recommendations

    OpenAIRE

    Tse, Shirley; Burgos-Vargas, Ruben; Colbert, Robert A

    2012-01-01

    No specific recommendations for the treatment of juvenile spondyloarthritis have been established. Important differences exist in how spondyloarthritis begins and progresses in children and adults, supporting the need for pediatric-specific recommendations. Recently published recommendations for the treatment of juvenile arthritis consider children with sacroiliitis in a separate group, and allow for more accelerated institution of a TNF inhibitor depending on disease activity and prognostic ...

  19. Parenting and juvenile delinquency

    OpenAIRE

    Hoeve, Machteld

    2008-01-01

    Juvenile delinquency is a noteworthy problem. This thesis addressed the association between parenting and juvenile delinquency by analyzing the concepts of parenting adopted in family research in relation to criminological concepts and measures of delinquent behavior. Four studies were conducted. The first study addressed a meta-analysis on parenting characteristics and styles in relation to delinquency. In this meta-analysis, previous manuscripts were systematically analyzed, computing mean ...

  20. Hearing children in court disputes between parents.

    OpenAIRE

    Mackay, Kirsteen

    2013-01-01

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

  1. The psychiatric report as moral tool: a case study in a French district court.

    Science.gov (United States)

    Fernandez, Fabrice; Lézé, Samuel

    2014-09-01

    Mental health evaluation within a legal setting is widely seen as a power to judge. The aim of this paper is to challenge this current thesis, which was popularised by Michel Foucault, who encapsulated the notion in a brief sentence: "The sordid business of punishing is thus converted into the fine profession of curing" (Foucault, 2003: 23). On the basis of an ethnography of a French district court (between September 2008 and May 2009, n = 60 trials) including interviews with judges (n = 10) and psychiatrists (n = 10), we study the everyday penal treatment of sexual offenders using psychiatric reports. Our findings show how (i.) the expectations of the judges select the psychiatrists' skills (based on the following criteria for their reports: accessibility of knowledge, singularization and individualization of content) and (ii.) reframe the psychiatric report as a moral tool. The clinical reasoning of forensic psychiatrists in their reports offer moral affordances due to their clinical caution regarding the risk of recidivism (therapeutic and criminological reversal, moral prevention). Both the judges' evaluation and the psychiatrists' clinical authority are shaped by a moral economy of dangerousness, which eclipses the idea of lack of criminal responsibility. In conclusion, we show that these unintended effects are necessarily of interest to most clinical practitioners engaged in work as expert witnesses.

  2. Forced Displacement and State Council. The Judge who Had a Wide Range of Arguments but not a Broad Extent of Decisions

    Directory of Open Access Journals (Sweden)

    Miguel Andrés López Martínez

    2014-07-01

    Full Text Available People in forced displacement can receive reparations through the State liability declarations by a judge. Judgment could involve some disadvantages but it is still probably to overcome them if the judge attends experts’ recommendations. Theorists were inspired in unconstitutional statu quo showed by Constitutional Court in T-025 case in 2004. We attempt to identify the proposals that influenced the State liability area and specifically the way in which they changed the frame of administrative judge’s decisions. First, we identified 18 theoretical scape lines, as alternatives to understand in a wider sense the damage, its imputation and reparation in a judicial landscape. Second, we attempt to establish if the State Council was influenced by the theorists’ suggestions, by studying four decisions published from 2004 until 2010. The evidence has shown that the administrative judge was far from the theorists’ proposals, although his attempts to offer better conditions to the victims.

  3. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

    Full Text Available The Principles of legality in crimes and punishments refer to the fact that an act is not considered a crime and deserves no punishment, until the legislator determines and announces thecriminal title and its penalty. In Iranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the mentionedprinciple. When there is no text or in the case of the silence or lack of law, the criminal judge is bound to issue the verdict of innocence. According to the Rome statute the court shall exercisejurisdiction over the crime of aggressions once a provision is adopted. And, according to the article 121 and 123 defending the crime and setting out, the condition under which the Court shall exercise jurisdiction with respect to crimes such as provision shall be consisted of the head of the general principle the relevant provision of the charter of the United Nations. The principle of legality is set out in article 22 to 24 of the ICC statute. These norms are derived from the customary law and the national law. Article 15, International Covenant on Civil and Political rights, states that no one shall be found guilty of any criminal offence based on an act or omission which did not constitute a criminal offence under national or international laws at the time when it was committed. Yet, in the context of prosecuting mass atrocities, genocide, crimes against humanity, and war crimes, international criminal law appears to be resigned to such a principle, if not openly including it. fact, that it may be considered the poor cousin of nullum crimen sine lege (no crime without law which has attracted far greater consideration in scholarship and jurisprudence.

  4. Juvenile myoclonic epilepsy Epilepsia mioclônica juvenil

    Directory of Open Access Journals (Sweden)

    Isabel Alfradique

    2007-12-01

    Full Text Available Juvenile myoclonus epilepsy (JME is a common epileptic syndrome, the etiology of which is genetically determined. Its onset occurs from 6 through 22 years of age, and affected patients present with myoclonic jerks, often associated with generalized tonic-clonic seizures - the most common association - and absence seizures. JME is non-progressive, and there are no abnormalities on clinical examination or intellectual deficits. Psychiatric disorders may coexist. Generalized polyspike-and-waves are the most characteristic electroencephalographic pattern. Usual neuroimaging studies show no abnormalities. Atypical presentations should be entertained, as they are likely to induce misdiagnosis. Prevention of precipitating factors and therapy with valproic acid (VPA are able to control seizures in the great majority of patients. Whenever VPA is judged to be inappropriate, other antiepileptic drugs such as lamotrigine may be considered. Treatment should not be withdrawn, otherwise recurrences are frequent.A epilepsia mioclônica juvenil é uma síndrome epiléptica comum, cuja etiologia é fundamentada na genética. Inicia-se entre 6 e 22 anos e os indivíduos apresentam mioclonias, que podem ser acompanhadas por crises tônico-clônicas generalizadas - associação mais comum - e crises de ausência. A doença não é progressiva, e não há alterações detectáveis no exame físico ou déficits intelectuais. Distúrbios psiquiátricos podem coexistir. Polipontas-ondas lentas generalizadas constituem o padrão eletrencefalográfico ictal típico. Não há anormalidades em exames de imagem convencionais. Apresentações atípicas devem ser consideradas, pois predispõem a erros de diagnóstico. A prevenção de fatores desencadeantes e o uso de ácido valpróico (VPA controlam as crises epilépticas na grande maioria dos casos. Quando o VPA é inapropriado, outras drogas como a lamotrigina podem ser utilizadas. O tratamento não deve ser interrompido

  5. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

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

  6. 20 CFR 416.1485 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

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

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

    Directory of Open Access Journals (Sweden)

    William Arnold

    2014-12-01

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

  8. Death penalty support for special offender populations of legally convicted murderers: juveniles, the mentally retarded, and the mentally incompetent.

    Science.gov (United States)

    Boots, Denise Paquette; Heide, Kathleen M; Cochran, John K

    2004-01-01

    The U.S. Supreme Court recently re-examined the constitutionality of the death penalty in the context of two of three special offender populations of murderers (juveniles, mentally retarded, and mentally incompetent). The Court reaffirmed the imposition of the death penalty for juveniles 16 and 17, while reversing itself on the mentally retarded. In reaching its decision, the Court relied on society's "evolving standards of decency." Using Likert-type items, this study is the first to have prospective jurors assess support for the death penalty for these specific offender groups. The public's support for the execution of each of the groups is then compared with existing case law. Descriptive statistics and regression analyses indicate that, as expected, the levels of support for the applicability of capital punishment to the various special offender populations are much lower than that for the general adult offender. Moreover, these findings are congruent with the holdings of the Court with one notable exception: a slight majority of respondents supported executing the mentally incompetent. Reasons for the public's apparent departure from the Supreme Court holding prohibiting the execution of mentally incompetent convicted murderers are discussed. The Court's continued role in protecting marginalized populations from "cruel and unusual punishment" is explored in the context of strong public sentiment demanding justice and finality despite changes in offenders' mental capacity.

  9. 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.

  10. Vocational Teachers' Role in Serving Juvenile Offenders.

    Science.gov (United States)

    Meers, Gary D.

    1983-01-01

    Educators need to understand the juvenile justice system to understand what juvenile offenders go through while completing their sentences. This article reviews cases and juvenile charge classifications, and presents a model for alternative sentencing options for juveniles. (JOW)

  11. 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.

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

    Directory of Open Access Journals (Sweden)

    Anne Wallace

    2012-12-01

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

  13. Trunk asymmetry in juveniles

    Directory of Open Access Journals (Sweden)

    Triantafyllopoulos Georgios

    2008-09-01

    Full Text Available Abstract Background Trunk asymmetry (TA is a common phenomenon in children, but its incidence in juveniles is not known. The present cross sectional study reports TA in normal juveniles and provides data which describe the evolution of TA from early childhood to adolescence. Materials and methods The scoliometer readings in both standing and sitting forward bending position (FBP of 3301 children, (1645 boys, and 1656 girls aged from 3 to 9 years old were studied. TA was quantified by measuring angle of trunk rotation (ATR and children were categorized as symmetric (ATR = 0°, mild asymmetric (ATR 1° – 6° and severely asymmetric (ATR ≥ 7°. The difference of TA between standing and sitting FBP as well as differences between boys and girls in frequency of TA were also calculated. The scoliometer readings were analyzed by age to reveal at which age the juvenile pattern of TA changes into the adolescent one. Results 74.2% of boys and 77% of girls were symmetric (ATR = 0° in the thoracic region in standing FBP, while 82.7% of boys and 84.1% of girls were symmetric in the thoracic region in sitting FBP. Juvenile girls are more symmetric than boys but severe TA was found almost the same between the two genders. A significant reduction in the frequency of mild TA from standing into sitting FBP, in all the examined regions in both boys and girls was found, but in severe TA this reduction is very small. Analysing scoliometer readings by age it appears that significant TA changes take place between 8–9 years of age for boys and between 6–7 and 8–9 years for girls. TA in boys is changing into the adolescent pattern at a later age than in girls. Conclusion Juveniles were found more symmetric than adolescents, who were studied previously in a different study. Furthermore, juvenile girls were found more symmetric than boys. Juvenile TA pattern seems to be in accordance with the higher incidence of juvenile idiopathic scoliosis in boys. Furthermore

  14. Juvenile Incarceration and Health.

    Science.gov (United States)

    Barnert, Elizabeth S; Perry, Raymond; Morris, Robert E

    2016-03-01

    Addressing the health status and needs of incarcerated youth represents an issue at the nexus of juvenile justice reform and health care reform. Incarcerated youth face disproportionately higher morbidity and higher mortality compared to the general adolescent population. Dental health, reproductive health, and mental health needs are particularly high, likely as a result of lower access to care, engagement in high-risk behaviors, and underlying health disparities. Violence exposure and injury also contribute to the health disparities seen in this population. Further, juvenile incarceration itself is an important determinant of health. Juvenile incarceration likely correlates with worse health and social functioning across the life course. Correctional health care facilities allow time for providers to address the unmet physical and mental health needs seen in this population. Yet substantial challenges to care delivery in detention facilities exist and quality of care in detention facilities varies widely. Community-based pediatricians can serve a vital role in ensuring continuity of care in the postdetention period and linking youth to services that can potentially prevent juvenile offending. Pediatricians who succeed in understanding and addressing the underlying social contexts of their patients' lives can have tremendous impact in improving the life trajectories of these vulnerable youth. Opportunities exist in clinical care, research, medical education, policy, and advocacy for pediatricians to lead change and improve the health status of youth involved in the juvenile justice system.

  15. Statistical indicators and trends in juvenile delinquency in modern Russia

    Directory of Open Access Journals (Sweden)

    Yuzikhanova E.G.

    2014-12-01

    Full Text Available Statistics of juvenile delinquency in Russia for ten years, allowing to determine its current trends, is presented. It’s noted that earlier the proportion of juveniles among all criminals was about 11-12%. During the period from 2003 to 2013 the proportion of juveniles in the total number of identified offenders decreased to 6%. Despite the reduction in the number of crimes committed by this category of persons, for several years the largest criminal activity is maintained in the age group 16-17 years (70%. Smaller proportion is the age group 14-15 years, there’s a reduction in the number of committed crimes: from 49,300 in 2000 to 19,700 in 2013. Over the same period, the number of reported crimes committed by minors or with their complicity decreased almost three times. With all the ambiguity of attitude to the considered problem, the author defines the role of criminal law policy of the state in response to trends in juvenile crime taking into account its specificity, caused by the complex of interrelated factors related to age, social, psychological characteristics of juveniles as a special social group, the originality of their social status. The legislative novel is considered: the punishment in the form of arrest is not imposed on persons under the age of eighteen by the time of court verdict. It’s summarized that the problems of juvenile delinquency are only partly solved by the humanization of criminal law policy of the state in order to restore social justice, correct the convict and prevent new crimes commission.

  16. Disability Case Review of Administrative Law Judge Hearing Decisions

    Data.gov (United States)

    Social Security Administration — The Disability Case Review is a post-effectuation quality review of administrative law judge (ALJ) disability hearing decisions. This dataset includes results from...

  17. Understanding Marital Disputes Management in Religious Office and Syariah Court in Malaysia

    Directory of Open Access Journals (Sweden)

    Zakiyah Zakiyah

    2015-02-01

    Full Text Available This article reviews a monograph entitled Managing Marital Dispute in Malaysia, Islamic Mediators and Conflict Resolution in the Syariah Court written by Syarifah Zaleha Syed Hassan  and Sven Cederrot. This book contributed in the discourse of anthropology of Islamic law. This book discussed about three institutions that dealt with Islamic family law; kadi, women counselor and judge. This monograph was published in 1997 when Islamic family law became one of the heated topics in many part of the world. This book was a result of extensive research conducted at the religious office and syariah court in Kedah and Johor Malaysia. This study shows that mediator used different ways in dealing with the family disputes including formal, semi formal and informal. The first method was used to deal with adjudication, the second was utilized to manage arbitration, and the last was used in consultation, conciliation and mediation. In addition, ‘kadi’, women counselor  and the judge not only use legal formal approach but also local norm when giving advice and managing cases.

  18. Extending juvenility in grasses

    Energy Technology Data Exchange (ETDEWEB)

    Kaeppler, Shawn; de Leon Gatti, Natalia; Foerster, Jillian

    2017-04-11

    The present invention relates to compositions and methods for modulating the juvenile to adult developmental growth transition in plants, such as grasses (e.g. maize). In particular, the invention provides methods for enhancing agronomic properties in plants by modulating expression of GRMZM2G362718, GRMZM2G096016, or homologs thereof. Modulation of expression of one or more additional genes which affect juvenile to adult developmental growth transition such as Glossy15 or Cg1, in conjunction with such modulation of expression is also contemplated. Nucleic acid constructs for down-regulation of GRMZM2G362718 and/or GRMZM2G096016 are also contemplated, as are transgenic plants and products produced there from, that demonstrate altered, such as extended juvenile growth, and display associated phenotypes such as enhanced yield, improved digestibility, and increased disease resistance. Plants described herein may be used, for example, as improved forage or feed crops or in biofuel production.

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

    Science.gov (United States)

    Faber, Charles F.

    1981-01-01

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

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

    Science.gov (United States)

    2009-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Mark Patrick Dillon

    2014-06-01

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

  2. DERMATOMIOSITIS JUVENIL Y EMBARAZO

    OpenAIRE

    Evans M,Gregorio; Poulsen R,Ronald; Blanco R,Romiely; Luna V,Viviana

    2002-01-01

    La dermatomiositis juvenil es un desorden inflamatorio crónico multisistémico del tejido conectivo. Tiene una incidencia de 2-3/100.000/año. Con la disminución en la mortalidad experimentada en los últimos decenios, la atención está cifrada en la morbilidad a largo plazo y en las alteraciones funcionales. Con un tratamiento agresivo los niños con dermatomiositis juvenil generalmente tienen un futuro promisorio, sin incapacidad o con incapacidad mínima. La mortalidad actualmente se estima cerc...

  3. Juvenile idiopatiske inflammatoriske myopatier

    Directory of Open Access Journals (Sweden)

    Helga Sanner

    2009-10-01

    Full Text Available Juvenile idiopathic inflammatory myopathies (JIIM is a group of rare autoimmune systemic diseases in children and adolescents, characterized by chronic skeletal muscle inflammation. Unlike in adults, dermatomyositis (JDM is by far the most common of the idiopathic inflammatory myopathies in children and adolescents. The hallmark of JDM is calcinosis, lipodystrophy and vasculitis, findings that differs the juvenile form of dermatomyosits from the adult form. JDM is still diagnosed and classified by Bohan and Peter’s criteria from 1975. There are limited data on long time outcome of this disease

  4. FOREIGN COURTS ON KALYMNA IN THE THIRD CENTURY B.C.

    Institute of Scientific and Technical Information of China (English)

    CharlesCrowther

    1994-01-01

    In two previous papers published in the preceding volumes of this journal, different aspects of the use of foreign courts by Greek cities in the Hellenistic Period have been studied. In JAC 7, an attempt was made to set the role of foreign courts against the wider background of the development of political institutions and practices in the course of the Hellenistic period. In JAC 8 the use of foreign judges by Seleucid subject cities was reconsidered in the light of the revision of an important inscription from Priene. In this third paper, the evolution of the use of foreign courts by Greek cities in the course of the third century will be considered in formal terms through the analysis of a notable series of inscriptions from the island of Kalymna in the Dodecannese group, located off the south-west coast of Asia Minor. In his Corpus of inscriptions from Kalymna (TC), M. Segre collected, in addition to the record of a Knidian arbitration between Kalymna and its Koan private creditors (TC79), five inscr

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

    Science.gov (United States)

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

    2008-08-01

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

  6. REASON-GIVING IN COURT PRACTICE: THE EXAMPLE OF FRENCH IMMIGRATION LITIGATION

    Directory of Open Access Journals (Sweden)

    Mathilde Cohen, Columbia Law School-School of Law, Estados Unidos

    2012-10-01

    Full Text Available Abstract: This Article examines the thesis according to which the practice of giving reasons for decisions is a central element of liberal democracies. In this view, public institutions’ practice—and sometimes duty—to give reasons is required so that each individual may view the state as reasonable and therefore, according to deliberative democratic theory, legitimate. Does the giving of reasons in actual court practice achieve these goals?  Drawing on empirical research carried out in a French administrative court, this Article argues that, in practice, reason-giving often falls either short of democracy or beyond democracy. Reasons fall short of democracy in the first case because they are transformed from a device designed to “protect” citizens from arbitrariness into a professional norm intended to “protect” the judges themselves and perhaps further their career goals. In the second case, reasons go beyond democracy because judges’ ambitions are much greater than to merely provide petitioners with a ground for understanding and criticizing the decision: they aim at positively—and paternalistically in some instances—guiding people’s conduct.  The discussion proceeds by drawing attention to social aspects that are often neglected in theoretical discussions on reason-giving. A skeptical conclusion is suggested: one can rarely guarantee that any predetermined value will be achieved by the giving of reasons. The degree to which individuals are empowered by the reasons given to them is dependent on the way in which decision-givers envision their reason-giving activity, and this representation is itself conditioned by the social setting of the court. Keywords: Arbitrariness. Reason-giving. Judges.

  7. Procedural justice in mental health courts: judicial practices, participant perceptions, and outcomes related to mental health recovery.

    Science.gov (United States)

    Kopelovich, Sarah; Yanos, Philip; Pratt, Christina; Koerner, Joshua

    2013-01-01

    Research on mental health courts (MHCs) to date has been disproportionately focused on the study of recidivism and reincarceration over the potential of these problem solving courts to facilitate the recovery process and affect the slope of recovery. This study attempts to shift the focal point of interest from well-established criminal justice outcomes to the experiences and perceptions of MHC participants. The authors hypothesize that the actions of MHC judges that are consistent with procedural justice theory will engender high perceptions of procedural justice among this sample of divertees with SMI. Defendant perceptions of procedural justice in 4 NYC-area MHCs were also compared to those of uninvolved observers. Results suggest that defendant perceptions are distinct from observer perceptions, which tended to be more sensitive to the differences in judges between the four courts. Overall, participants' perceptions of procedural justice were moderate and increased between baseline and 4-month follow-up. Procedural justice was negatively correlated with symptoms at baseline and was positively correlated with participant's attitudes toward their own recovery. Between baseline and 4-month follow-up, participants in our sample tended to increase in perceptions of procedural justice; interestingly, the increase in procedural justice was associated with a decrease in symptoms but not to an increase in attitudes toward the recovery. Implications and future directions are discussed.

  8. Procedural justice in mental health courts: Judicial practices, participant perceptions, and outcomes related to mental health recovery

    Science.gov (United States)

    Kopelovich, Sarah; Yanos, Philip; Pratt, Christina; Koerner, Joshua

    2015-01-01

    Research on mental health courts (MHCs) to date has been disproportionately focused on the study of recidivism and reincarceration over the potential of these problem solving courts to facilitate the recovery process and affect the slope of recovery. This study attempts to shift the focal point of interest from well-established criminal justice outcomes to the experiences and perceptions of MHC participants. The authors hypothesize that the actions of MHC judges that are consistent with procedural justice theory will engender high perceptions of procedural justice among this sample of divertees with SMI. Defendant perceptions of procedural justice in 4 NYC-area MHCs were also compared to those of uninvolved observers. Results suggest that defendant perceptions are distinct from observer perceptions, which tended to be more sensitive to the differences in judges between the four courts. Overall, participants' perceptions of procedural justice were moderate and increased between baseline and 4-month follow-up. Procedural justice was negatively correlated with symptoms at baseline and was positively correlated with participant's attitudes toward their own recovery. Between baseline and 4-month follow-up, participants in our sample tended to increase in perceptions of procedural justice; interestingly, the increase in procedural justice was associated with a decrease in symptoms but not to an increase in attitudes toward the recovery. Implications and future directions are discussed. PMID:23415372

  9. 36 CFR 1150.53 - Disqualification of judge.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Disqualification of judge. 1150.53 Section 1150.53 Parks, Forests, and Public Property ARCHITECTURAL AND TRANSPORTATION BARRIERS...) If the judge does not disqualify himself/herself, he/she shall so rule upon the record, stating the...

  10. 42 CFR 498.45 - Disqualification of Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Disqualification of Administrative Law Judge. 498.45 Section 498.45 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND... CERTAIN NFs IN THE MEDICAID PROGRAM Hearings § 498.45 Disqualification of Administrative Law Judge. (a)...

  11. 42 CFR 498.74 - Administrative Law Judge's decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Administrative Law Judge's decision. 498.74 Section 498.74 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES... IN THE MEDICAID PROGRAM Hearings § 498.74 Administrative Law Judge's decision. (a) Timing, basis...

  12. 42 CFR 423.1068 - Administrative Law Judge's decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Administrative Law Judge's decision. 423.1068 Section 423.1068 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... Civil Money Penalties § 423.1068 Administrative Law Judge's decision. (a) Timing, basis and content....

  13. 29 CFR 102.6 - Administrative law judge; hearing officer.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge; hearing officer. 102.6 Section 102.6 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD RULES AND REGULATIONS, SERIES 8 Definitions § 102.6 Administrative law judge; hearing officer. The term administrative law...

  14. 42 CFR 423.1026 - Disqualification of Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Disqualification of Administrative Law Judge. 423.1026 Section 423.1026 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND... Procedures for Civil Money Penalties § 423.1026 Disqualification of Administrative Law Judge. (a) An ALJ...

  15. 42 CFR 422.1026 - Disqualification of Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Disqualification of Administrative Law Judge. 422.1026 Section 422.1026 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND... Penalties § 422.1026 Disqualification of Administrative Law Judge. (a) An ALJ may not conduct a hearing in...

  16. 24 CFR 1720.525 - Decision of administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... PRACTICE Adjudicatory Proceedings Hearings § 1720.525 Decision of administrative law judge. (a) The administrative law judge shall make and file a decision within 30 days after the close of the taking of evidence... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Decision of administrative...

  17. 42 CFR 422.1068 - Administrative Law Judge's decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Administrative Law Judge's decision. 422.1068 Section 422.1068 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... Penalties § 422.1068 Administrative Law Judge's decision. (a) Timing, basis and content. As soon...

  18. 49 CFR 1503.607 - Administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Administrative law judges. 1503.607 Section 1503... ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY ADMINISTRATIVE AND PROCEDURAL RULES INVESTIGATIVE AND ENFORCEMENT PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.607 Administrative law judges. (a) Powers...

  19. 8 CFR 235.6 - Referral to immigration judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Referral to immigration judge. 235.6 Section 235.6 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS INSPECTION OF PERSONS APPLYING FOR ADMISSION § 235.6 Referral to immigration judge. (a) Notice—(1) Referral by Form...

  20. 13 CFR 134.404 - Decision by Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

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

  1. Cultivating the Possible: A Tribute to Harry Judge

    Science.gov (United States)

    Bruner, Jerome

    2008-01-01

    When he arrived in Oxford in the early 1970s, Harry Judge and this author were already good friends. They had spent a lot of time talking about their respective concerns--the author on how "mind" should be conceived, and Judge on how and by whom "mind" should be cultivated in the educational process. The author believed then that schools should…

  2. Judging Criteria for Intercollegiate Limited Preparation Speaking Events.

    Science.gov (United States)

    Preston, C. Thomas, Jr.

    To gain insight into whether debate judges actually do treat impromptu speaking as miniextemporaneous speaking, a study compared the comments judges wrote to extemporaneous speakers with those they wrote to impromptu speakers during the first two rounds of a forensic tournament. Approximately 1,000 comments from 152 ballots (102 impromptu and 50…

  3. Juvenile Battens Disease.

    Science.gov (United States)

    Gayton, Romayne

    1987-01-01

    Ten children diagnosed with juvenile Battens disease were tested over a three-year period in general intelligence, memory, listening and speech, motor skills, and general learning. Results showed that the patients followed a predetermined pattern but that the time span for development of memory, communication, and behavior problems varied greatly.…

  4. Juvenile Victimization and Delinquency.

    Science.gov (United States)

    Esbensen, Finn-Aage; Huizinga, David

    1991-01-01

    Demographic characteristics of juvenile victims of crime and a potential relationship between victimization and self-reported delinquency are examined for 877 adolescents from a large midwestern city. Lifetime victimization rates (LVRs) are higher for those involved in delinquency, and LVRs rise with age and higher levels of delinquent behavior.…

  5. Juvenile Battens Disease.

    Science.gov (United States)

    Gayton, Romayne

    1987-01-01

    Ten children diagnosed with juvenile Battens disease were tested over a three-year period in general intelligence, memory, listening and speech, motor skills, and general learning. Results showed that the patients followed a predetermined pattern but that the time span for development of memory, communication, and behavior problems varied greatly.…

  6. Juvenile idiopathic arthritis

    NARCIS (Netherlands)

    Prakken, Berent; Albani, Salvatore; Martini, Alberto

    2011-01-01

    Juvenile idiopathic arthritis is a heterogeneous group of diseases characterised by arthritis of unknown origin with onset before age of 16 years. Pivotal studies in the past 5 years have led to substantial progress in various areas, ranging from disease classification to new treatments. Gene expres

  7. 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.

  8. 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.

  9. 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.

  10. ProofJudge: Automated Proof Judging Tool for Learning Mathematical Logic

    DEFF Research Database (Denmark)

    Villadsen, Jørgen

    2015-01-01

    pen and paper because no adequate tool was available. The learning problem is how to make abstract concepts of logic as concrete as possible. ProofJudge is a computer system and teaching approach for teaching mathematical logic and automated reasoning which augments the e-learning tool NaDeA (Natural......Today we have software in many artefacts, from medical devices to cars and airplanes, and the software must not only be efficient and intelligent but also reliable and secure. Tests can show the presence of bugs but cannot guarantee their absence. A machine-checked proof using mathematical logic...

  11. ProofJudge: Automated Proof Judging Tool for Learning Mathematical Logic

    DEFF Research Database (Denmark)

    Villadsen, Jørgen

    2016-01-01

    using pen and paper because no adequate tool was available. The learning problem is how to make abstract concepts of logic as concrete as possible. ProofJudge is a computer system and teaching approach for teaching mathematical logic and automated reasoning which augments the e-learning tool Na......Today we have software in many artefacts, from medical devices to cars and airplanes, and the software must not only be efficient and intelligent but also reliable and secure. Tests can show the presence of bugs but cannot guarantee their absence. A machine-checked proof using mathematical logic...

  12. Memory maps: two rural judges listing the inhabitants of their district and his economics activities (Pago de los Arroyos, Santa Fe del Río de la Plata, 1738

    Directory of Open Access Journals (Sweden)

    Darío Gabriel Barriera

    2014-12-01

    Full Text Available The Christmas eve of 1734, a fire devastated the Royal Alcazar of Madrid, headquarters of the Royal family and of the Court. Felipe V ordered build in its place a Palace. To cover the costs, demanded a contribution to the cities of the monarchy. This text examines one of the consequences of this exigeance: listing the population of the south of Santa Fe, the rural judges made a padrón de pobladores. The author discuses hipothesys about the population of this territory and propose contributions about two others fields: the study of the minor judges and the study of the governamental technics at 18 century

  13. Codifying a jurist’s law: Islamic criminal legislation and Supreme Court case law in the Sudan under Numairi and Bashīr

    OpenAIRE

    Köndgen, O.A.

    2013-01-01

    In 1983 the Sudan introduced for the first time an Islamized penal code which, after a period of strict application, was first suspended with regard to the harsher corporal punishments and subsequently replaced in 1991 by a new, overhauled Criminal Act. The present thesis analyses Islamized Sudanese criminal legislation and ICL-related case law of the Sudanese Supreme Court. In addition, a number of interviews with judges, lawyers, academics, and politicians were conducted. The main research ...

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

    Science.gov (United States)

    Pexton, Elizabeth A.; Gossweiler, Robert

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

  15. A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges

    Directory of Open Access Journals (Sweden)

    S Tabe

    2012-03-01

    Full Text Available The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of

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

    Science.gov (United States)

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

    2008-07-01

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

  17. Are Adolescents Less Mature than Adults?: Minors' Access to Abortion, the Juvenile Death Penalty, and the Alleged APA "Flip-Flop"

    Science.gov (United States)

    Steinberg, Laurence; Cauffman, Elizabeth; Woolard, Jennifer; Graham, Sandra; Banich, Marie

    2009-01-01

    The American Psychological Association's (APA's) stance on the psychological maturity of adolescents has been criticized as inconsistent. In its Supreme Court amicus brief in "Roper v. Simmons" (2005), which abolished the juvenile death penalty, APA described adolescents as developmentally immature. In its amicus brief in "Hodgson v. Minnesota"…

  18. Are Adolescents Less Mature than Adults?: Minors' Access to Abortion, the Juvenile Death Penalty, and the Alleged APA "Flip-Flop"

    Science.gov (United States)

    Steinberg, Laurence; Cauffman, Elizabeth; Woolard, Jennifer; Graham, Sandra; Banich, Marie

    2009-01-01

    The American Psychological Association's (APA's) stance on the psychological maturity of adolescents has been criticized as inconsistent. In its Supreme Court amicus brief in "Roper v. Simmons" (2005), which abolished the juvenile death penalty, APA described adolescents as developmentally immature. In its amicus brief in "Hodgson v. Minnesota"…

  19. Juveniles' Right to Counsel during Police Interrogations : An Interdisciplinary Analysis of a Youth-Specific Approach, with a Particular Focus on the Netherlands

    NARCIS (Netherlands)

    Liefaard, T.; Brink, van den Y.N.

    2014-01-01

    The right to counsel of juveniles at the stage of police interrogations has gained significant attention since the Salduz ruling of the European Court on Human Rights in 2008. The legislative and policy developments that have taken place since then and that are still ongoing – both on a regional (Eu

  20. Distributed Online Judge System for Interactive Theorem Provers

    Science.gov (United States)

    Mizuno, Takahisa; Nishizaki, Shin-ya

    2014-03-01

    In this paper, we propose a new software design of an online judge system for interactive theorem proving. The distinctive feature of this architecture is that our online judge system is distributed on the network and especially involves volunteer computing. In volunteers' computers, network bots (software robots) are executed and donate computational resources to the central host of the online judge system. Our proposed design improves fault tolerance and security. We gave an implementation to two different styles of interactive theorem prover, Coq and ACL2, and evaluated our proposed architecture. From the experiment on the implementation, we concluded that our architecture is efficient enough to be used practically.

  1. Distributed Online Judge System for Interactive Theorem Provers

    Directory of Open Access Journals (Sweden)

    Mizuno Takahisa

    2014-03-01

    Full Text Available In this paper, we propose a new software design of an online judge system for interactive theorem proving. The distinctive feature of this architecture is that our online judge system is distributed on the network and especially involves volunteer computing. In volunteers’ computers, network bots (software robots are executed and donate computational resources to the central host of the online judge system. Our proposed design improves fault tolerance and security. We gave an implementation to two different styles of interactive theorem prover, Coq and ACL2, and evaluated our proposed architecture. From the experiment on the implementation, we concluded that our architecture is efficient enough to be used practically.

  2. Strategies for strengthening patent protection of pharmaceutical inventions in light of federal court decisions.

    Science.gov (United States)

    Pillai, Xavier; Kinney, William A

    2010-01-01

    In this article, a brief history of patent law is presented, along with recent changes in its interpretation that are relevant in securing patents in the current landscape. Specific patent examples are presented to illustrate key issues. For example, the case of KSR International Co. v. Teleflex, Inc. is an important recent decision by the United States Supreme Court, which developed a more flexible definition of the teaching-suggestion-motivation (TSM) test in determining obviousness, which negates patentability. Although KSR case involved a mechanical invention, the ruling in this case has had implications in other areas of patent law, particularly as it applied to pharmaceutical and chemical inventions. It has had a significant impact on the outcome of patent prosecution at the United States Patent and Trademark Office (USPTO), as well as in defending patents in federal courts. If an invention is obvious to try and there are a finite number of predictable solutions in the prior art, then the invention will be considered obvious by current standards. Bayer Schering Pharma AG v. Barr Laboratories, Inc is presented as a case in which the court of appeals has applied the KSR standard of obviousness in invalidating a formulation patent claim, in which a finite number of options were available to the formulator. Unlike the formulation patent example, patents covering new molecules have survived challenges more successfully. In The Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc., the court of appeals for the Federal Circuit determined that the invention of risedronate was unobvious, although it was a mere positional isomer of a prior bisphosphonate. However in Altana Pharma AG v. Teva Pharmaceuticals USA, Inc., the court of appeals judged against the innovator company when there was a clearer case of predictable prior art. Finally, Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc. presents an example of a case at the Federal Circuit where topiramate

  3. Supreme Court Ruling on Chinese Children

    Science.gov (United States)

    Integrated Education, 1974

    1974-01-01

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

  4. Children, Special Needs and the Courts.

    Science.gov (United States)

    Rabinowicz, Jack

    1992-01-01

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

  5. 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…

  6. An International Criminal Court of Public Opinion

    NARCIS (Netherlands)

    Bouwknegt, Thijs Bastiaan

    2012-01-01

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

  7. The Supreme Court and Public Pressure.

    Science.gov (United States)

    Richardson, Scott

    1989-01-01

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

  8. Supreme Court Signals Caution on Affirmative Action.

    Science.gov (United States)

    Schmidt, Peter

    2003-01-01

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

  9. Supreme Court Upholds Religious Liberty: Educational Implications.

    Science.gov (United States)

    Mawdsley, Ralph D.; Russo, Charles J.

    1994-01-01

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

  10. World’s Eyes on Center Court

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

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

  11. Status of Cases in the Supreme Court.

    Science.gov (United States)

    Chronicle of Higher Education, 1986

    1986-01-01

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

  12. Who gets a second chance? An investigation of Ohio's blended juvenile sentence.

    Science.gov (United States)

    Cheesman, Fred L; Waters, Nicole L; Hurst, Hunter

    2010-01-01

    Factors differentiating blended sentencing cases (Serious Youthful Offenders or SYOs) from conventional juvenile cases and cases transferred to the adult criminal court in Ohio were investigated using a two-stage probit. Conventional juvenile cases differed from cases selected for non-conventional processing (i.e., SYO or transfer) according to offense seriousness, number of prior Ohio Department of Youth Services placements, age and gender. Controlling for probability of selection for nonconventional processing, transfers differed from SYOs according to age, gender, and race. Minorities were significantly more likely than Whites to be transfers rather than SYOs, suggesting possible bias in the decision-making process. Objective risk and needs assessments should be used to identify the most suitable candidates for blended sentences and adult transfer and enhanced services should be provided to juvenile offenders given blended sentences.

  13. Abortion 1982: the Supreme Court once again.

    Science.gov (United States)

    Healey, J M

    1982-11-01

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

  14. Late Onset Juvenile Xanthogranuloma

    Directory of Open Access Journals (Sweden)

    Punithwavathy K

    1999-01-01

    Full Text Available A 19 year old female was seen with multiple skin coloured and hyperpigmented macules, discrete as well as grouped papules and nodules of varying sizes distributed over the face, neck, extensor and flexor aspects of both upper and lower extremities including joints. The trunk was spared. Some of the lesions showed features of spontaneous regression. Investigations confirmed the diagnosis of juvenile xanthogranuloma. Lesions regressed satisfactorily with liquid nitrogen cryotherapy.

  15. Juvenile Incarceration and Health

    OpenAIRE

    Barnert, ES; R Perry; Morris, RE

    2015-01-01

    © 2015. Addressing the health status and needs of incarcerated youth represents an issue at the nexus of juvenile justice reform and health care reform. Incarcerated youth face disproportionately higher morbidity and higher mortality compared to the general adolescent population. Dental health, reproductive health, and mental health needs are particularly high, likely as a result of lower access to care, engagement in high-risk behaviors, and underlying health disparities. Violence exposure a...

  16. 20 CFR 404.985 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

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

  17. 19 CFR 176.31 - Reliquidation following decision of court.

    Science.gov (United States)

    2010-04-01

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

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

    Science.gov (United States)

    Festinger, Trudy Bradley

    1975-01-01

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

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

    Science.gov (United States)

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

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

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

    National Research Council Canada - National Science Library

    Silvana Insignares Cera; Viridiana Molinares Hassan

    2011-01-01

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