Sample records for judicial administration department
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Judicial review of administrative silence
Directory of Open Access Journals (Sweden)
Radošević Ratko S.
2015-01-01
Full Text Available Administrative silence is a situation in which the competent authority, within the statutory deadline, has not issued an administrative act at the request of the party. In the case of administrative silence, given the fact that the citizens are unable to protect their rights and legal interests without an administrative act, they are provided with legal protection. In this case, the same legal relationship is created, directly on the basis of the statute, as in the situation in which the party's request is rejected. This means that the party may, under the conditions prescribed by the statute, initiate the procedure of judicial review of administrative silence. In the paper, the author explains the conditions under which the judicial review of administrative silence can be initiated and the role of the court in this judicial procedure.
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...
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2010-04-01
... Administrative Review Process § 418.3610 Is there administrative or judicial review for administrative actions... reviewed by us, but they are not subject to the administrative or judicial review process as provided by... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Is there administrative or judicial review...
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12 CFR 513.6 - Duty to file information concerning adverse judicial or administrative action.
2010-01-01
... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Duty to file information concerning adverse judicial or administrative action. 513.6 Section 513.6 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY PRACTICE BEFORE THE OFFICE § 513.6 Duty to file information concerning adverse...
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29 CFR 1978.110 - Judicial review.
2010-07-01
... Labor, shall not be subject to judicial review in any criminal or other civil proceedings (49 U.S.C... law judge, shall be transmitted by the Administrative Review Board, United States Department of Labor... 29 Labor 9 2010-07-01 2010-07-01 false Judicial review. 1978.110 Section 1978.110 Labor...
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Constitutional and administrative paradigms in judicial control over EU high and low politics
Directory of Open Access Journals (Sweden)
Cebulak Pola
2017-11-01
Full Text Available This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor or constitutional (judicial review as guarantee of fundamental rights in character and determined by the Court itself. Even though one would expect a dominance of the administrative paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically sensitive adjudication, rather than a coherent approach to legitimizing the nascent judicial review in EU external relations.
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Directory of Open Access Journals (Sweden)
Sladjana Eftimova
2015-07-01
Full Text Available The structure of the legal system, through history until today mostly depends on law and policy which is conducted by the country. In European countries, there is position for historical and cultural conceptions for administrative judicature, differences and similarity that leave mark for solving administrative disputes. The obligation – an internal judicial reform to be established in legal system, is conducted by each of the countries after the breaking down and division of Social Federative Republic of Yugoslavia or SFRY due to following the European law for constitution of legitimacy and constitutionality of acts as well as implementing of independent administrative judicature. Analyze of the current condition regarding the independency and objectiveness of the judicature is necessary in our country and it is important to be seen how the conditions for working of the administrative judicature can be improved.
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28 CFR 24.307 - Department review.
2010-07-01
... review. The decision of the adjudicative officer will be reviewed to the extent permitted by law by the... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Department review. 24.307 Section 24.307 Judicial Administration DEPARTMENT OF JUSTICE IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN...
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15 CFR 325.11 - Judicial review.
2010-01-01
... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Judicial review. 325.11 Section 325.11 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE MISCELLANEOUS REGULATIONS EXPORT TRADE CERTIFICATES OF...
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Constitutional and administrative paradigms in judicial control over EU high and low politics
Cebulak Pola
2017-01-01
This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in characte...
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Analysis of judicial demands in health at the Regional Health Department XII
Directory of Open Access Journals (Sweden)
Leticia Florido Povinske Domingues
2017-08-01
Full Text Available The management of lawsuits in health represents a challenge for most Brazilian municipalities. Many papers described in the literature characterized properly the problem as well as discussed the repercussions on the Unified Health System.In this context, the objective of this study was to analyze the situation of health judicial processes at the twelfth Regional Department in Registro, São Paulo´s state, evaluating the profile of the users who claim in court the couverage of treatment´s costs as well as examination, procedure or medication. For this, we analyzed data on lawsuits in the health field at the twelfth Regional Department in Registro (SP from january 2009 to october 2015.The variables studied were gender, age, municipality of origin of the lawsuit, the mentioned disease, the medical prescription origin, specialty of the prescriber, type of lawsuit triggered, year of the lawsuit, entity judicially triggered and requested items. It was analyzed thirty-eight lawsuits against the twelfth Regional Department, it was observed the prevalence of the female gender, age group above 51 years and originating from the municipality of Registro (SP.The most of the judicial actions are for care given at the Unified Health System, by prescribers of specialty in Clinical Medicine and diagnosed with Diabetes Mellitus. The processes were characterized in the majority by judicial actions called Ordinary Rite, against the State. On the analyzed cases, 92% requested only medications and of these 11% supplements like vitamins and enteral diets.The number of patients who have been served through legal actions in the last three years reached 47% of the total cases registered during the period of the seven years analyzed and the approximate cost was R$ 1,340,000.00.This study contributes to the diagnosis of the processes related to the health judicialization in the region studied. The results showed a predominance of processes which comes from of patients
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Constitutional and administrative paradigms in judicial control over EU high and low politics
DEFF Research Database (Denmark)
Cebulak, Pola
2017-01-01
This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external...... to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in character and determined by the Court itself. Even though one would expect a dominance of the administrative...... paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically...
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28 CFR Appendix I to Part 16 - Components of the Department of Justice
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Components of the Department of Justice I Appendix I to Part 16 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR... Enforcement Administration, U.S. Department of Justice, Washington, DC 20537-0001 Executive Office for...
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28 CFR 71.40 - Stays ordered by the Department of Justice.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Stays ordered by the Department of Justice. 71.40 Section 71.40 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) IMPLEMENTATION OF... finding that continuation of the administrative process described in this part with respect to a claim or...
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5 CFR 837.803 - Cancellation of retirement by judicial or administrative authority.
2010-01-01
... Canceled Retirements § 837.803 Cancellation of retirement by judicial or administrative authority. (a... may only be canceled by the former employing agency in response to a direct and final order of a... requiring cancellation of the annuitant's separation or after the annuitant and the agency agree to cancel...
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Judicial System Restructuring and Modernization in Abu Dhabi
Directory of Open Access Journals (Sweden)
Lawrence Groo
2008-01-01
Full Text Available The purpose of this article is to provide a practical overview of the recently initiated modernization of Abu Dhabi’s judicial system. Beginning in 2007, Abu Dhabi’s Government launched a comprehensive effort to transform the Emirate’s judicial system. While the implementation of these reforms is ongoing, with the adoption of the law in May 2007 establishing the new judicial architecture the initial phase of the modernization program is already complete. The restructuring process encompasses court management and administration reform, a new judicial training regime, a redesigned organizational structure for the Emirate’s Judicial Department and courts, and the establishment of a system-wide strategic planning and budgeting process. Many of these initiatives are supported by applying advanced IT-based applications. Given the early achievements and ambitious broader aims of the restructuring process, Abu Dhabi’s example is relevant not only to the other Emirates within the Federal UAE system, but also within the context of the wider Middle East region.
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20 CFR 405.501 - Judicial review.
2010-04-01
... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Judicial review. 405.501 Section 405.501 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.501 Judicial review. You may file an action in a Federal district...
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International Nuclear Information System (INIS)
Wahl, R.
1991-01-01
In conclusion it is stated that any cutbacks in the current system of judicial control have to be earned by appropriate improvements in the administrative procedure. One has to keep in mind the overall situation, which means to examine and assess any reduction of judicial control, the relevance of procedural defects, and the requirements to be met by administrative procedures, in their complete context. Since the acknowledgement of administrative regulations as instruments for putting into practice the legislative intent, and of the executive's scope for examination and assessment, has effects not only in regard to a reduction of judicial control, but also assigns to the administrative procedure an irreplaceable function that cannot be corrected by legal proceedings, there is reason enough to exercise restraint in this matter. (orig./HSCH) [de
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28 CFR 43.1 - Administrative determination and assertion of claims.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Administrative determination and assertion of claims. 43.1 Section 43.1 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES § 43.1 Administrative...
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28 CFR 71.42 - Judicial review.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review. 71.42 Section 71.42....42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an... assessments under this part and specifies the procedures for such review. ...
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28 CFR 30.3 - What programs and activities of the Department are subject to these regulations?
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false What programs and activities of the Department are subject to these regulations? 30.3 Section 30.3 Judicial Administration DEPARTMENT OF JUSTICE... Department are subject to these regulations? The Attorney General publishes in the Federal Register a list of...
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44 CFR 62.22 - Judicial review.
2010-10-01
... of process for all judicial proceedings where a claimant is suing the Administrator of FEMA pursuant... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 62.22... ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a) Upon...
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40 CFR 179.125 - Judicial review.
2010-07-01
... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 179.125 Section 179... EVIDENTIARY PUBLIC HEARING Judicial Review § 179.125 Judicial review. (a) The Administrator's final decision... judicial review within the period ending on the 60th day after the date of the publication of the order...
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36 CFR 218.14 - Judicial proceedings.
2010-07-01
... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Judicial proceedings. 218.14... ADMINISTRATIVE REVIEW PROCESSES Predecisional Administrative Review Process for Hazardous Fuel Reduction Projects Authorized by the Healthy Forests Restoration Act of 2003 § 218.14 Judicial proceedings. The objection...
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50 CFR 296.15 - Judicial review.
2010-10-01
... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Judicial review. 296.15 Section 296.15..., DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any claimant... determination, seek judicial review of the determination in the United States District Court for such judicial...
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42 CFR 414.920 - Judicial review.
2010-10-01
... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 414.920 Section 414.920 Public... Under Part B § 414.920 Judicial review. The following areas under the CAP are not subject to administrative or judicial review: (a) The establishment of payment amounts. (b) The awarding of vendor contracts...
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49 CFR 1016.310 - Judicial review.
2010-10-01
... 49 Transportation 8 2010-10-01 2010-10-01 false Judicial review. 1016.310 Section 1016.310 Transportation Other Regulations Relating to Transportation (Continued) SURFACE TRANSPORTATION BOARD, DEPARTMENT... Judicial review. Judicial review of final Board decisions on awards may be sought as provided in 5 U.S.C...
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6 CFR 13.42 - Judicial review.
2010-01-01
... 6 Domestic Security 1 2010-01-01 2010-01-01 false Judicial review. 13.42 Section 13.42 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate...
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2012-04-13
... DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2010-D-0094] Guidance for Industry on the Judicious Use of Medically Important Antimicrobial Drugs in Food-Producing Animals; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and...
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28 CFR 14.2 - Administrative claim; when presented.
2010-07-01
....2 Section 14.2 Judicial Administration DEPARTMENT OF JUSTICE ADMINISTRATIVE CLAIMS UNDER FEDERAL... the affected agencies, the Department of Justice shall be consulted and will thereafter designate an... Federal agency subsequently desires to take further action with a view towards settling the claim the...
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31 CFR 27.8 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 27.8 Section 27.8... OF DEPARTMENT OF THE TREASURY NAMES, SYMBOLS, ETC. § 27.8 Judicial review. A final Notice of Assessment issued under this party may be subject to judicial review pursuant to 5 U.S.C. 701 et seq. ...
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2010-07-01
... Section 16.27 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Production or Disclosure in Federal and State Proceedings § 16.27 Procedure in the event a... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Procedure in the event a department...
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49 CFR 386.67 - Judicial review.
2010-10-01
... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 386.67 Section 386.67... Decision § 386.67 Judicial review. (a) Any party to the underlying proceeding, who, after an administrative... service of the Final Agency Order, petition for review of the order in the United States Court of Appeals...
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29 CFR 785.7 - Judicial construction.
2010-07-01
... 29 Labor 3 2010-07-01 2010-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated that...
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28 CFR 0.118 - Office of Chief Administrative Hearing Officer.
2010-07-01
... Officer. 0.118 Section 0.118 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Executive Office for Immigration Review § 0.118 Office of Chief Administrative Hearing... Law Judges in performance of their duties in accordance with 8 U.S.C. 1324 A and B. ...
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Directory of Open Access Journals (Sweden)
Evgenii V. Taribo
2017-12-01
Full Text Available The article explores the prohibition of turning to a worse: how it is enshrined in the legislation on administrative violations, and how it manifests its effect in judicial practice. As analysis of legislation and judicial practice shows, courts of general jurisdiction and arbitration courts differently understand and apply this prohibition. This is due to the different legislative and organizational bases on which the process of bringing to administrative responsibility is based, in which courts of general and arbitration jurisdictions are involved. The article notes that the provisions of the draft of the new Code on Administrative Offenses, developed by the State Duma of the 6th convocation, point to a possible reduction of the scope of this ban. In this regard, the author comes to the conclusion that the legislator and the courts are to decide on a conceptually unified approach to the problem of the prohibition of turning to the worst in the field of administrative responsibility
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28 CFR 0.191 - Changes which affect the overall structure of the Department.
2010-07-01
... structure of the Department. 0.191 Section 0.191 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Sections and Subunits § 0.191 Changes which affect the overall structure of the Department. Changes to the overall structure of the Department include: The establishment...
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On Judicial and Quasi-Judicial Independence
Comtois, Suzanne; de Graaf, K.J.
2013-01-01
'Principles of judicial and quasi-judicial independence are fundamental to all democracies and yet, the notion of independence is still elusive. What is judicial and quasi-judicial independence and why is it important? From whom and what are the judiciary and other adjudicators to be independent? Is
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Directory of Open Access Journals (Sweden)
Florent Muçaj
2016-01-01
In the last part of the paper there are clear and consistent conclusions and significant recommendations relating to general views about judicial control, with particular emphasis on their practical implementation in the Republic of Kosovo and the way of adjustment with the reforms in the field of administrative justice which are at the beginnings of the implementation.
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31 CFR 357.23 - Judicial proceedings-sovereign immunity.
2010-07-01
... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings-sovereign immunity. 357.23 Section 357.23 Money and Finance: Treasury Regulations Relating to Money and Finance... Securities System (Legacy Treasury Direct) § 357.23 Judicial proceedings—sovereign immunity. (a) Department...
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28 CFR 34.107 - Use of Department of Justice staff.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Use of Department of Justice staff. 34... PROCEDURES Peer Review § 34.107 Use of Department of Justice staff. OJJDP will use qualified OJJDP and other DOJ staff as internal reviewers. Internal reviewers determine applicant compliance with basic program...
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28 CFR 16.98 - Exemption of the Drug Enforcement Administration (DEA)-limited access.
2010-07-01
... Administration (DEA)-limited access. 16.98 Section 16.98 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION... Exemption of the Drug Enforcement Administration (DEA)—limited access. (a) The following systems of records.../Diversion Analysis and Detection System (ARCOS/DADS) (Justice/DEA-003) (2) Controlled Substances Act...
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Legislative and Judicial Information Systems.
Becker, Louise Giovane
1983-01-01
Reviews computer applications in judicial, legal, and legislative information activities being used to support litigation and court administration, assist in searching for legislation and laws, aid criminal justice information systems, and provide appropriate bibliographic and reference assistance. Management issues in automating systems are…
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Review of Administrative Justice in the Republic of Kosovo
Directory of Open Access Journals (Sweden)
Islam Pepaj
2015-07-01
Full Text Available The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficulties in professionalization of public administration and this is closely related to large number of case that are subject of judicial review which is not a case with other countries which have longer experience in public administration. In this context, more attention has been paid to review of administrative acts and issues with special focus on judicial review, following with legal remedies, administration silence as cause of judicial review. The paper also contains information about administrative justice in Kosovo before and 2013, and its current state. New court structure brought with New Law on Courts which entered into force in 2013 affected administrative justice substantially. In the previous system, Kosovo Supreme Court was the only instance handling administrative disputes. In this regard, the issue of effective legal remedies was not in place as required by international standards. However, new court structure brought significant changes regarding legal remedies in administrative justice by setting up three court instances; Administrative departments within Prishtina Basic Court and Appellate Court as well as Supreme Court extraordinary legal remedies review.
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Judicial aspects in risk assessment
International Nuclear Information System (INIS)
Lukes, R.
1977-01-01
Decisions of administrative authorities concerning the permission to use fissile material contain a prognosis about the probability of damage which may be caused by using this material. The judicial criteria used in order to determine the probability of such a damage occurring can be improved by risk analysis. This will not, of course, reduce administrative decisions to simple 'yes-or-no decisions', but the calculation of probabilities will gain more exactness. (orig.) [de
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2010-07-01
... System—Personnel Investigation and Security Clearance Records for the Department of Justice (DOJ), DOJ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Department of Justice System-Personnel Investigation and Security Clearance Records for the Department of Justice (DOJ), DOJ-006. 16.132...
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Alaska Public Offices Commission, Department of Administration, State of
Visiting Alaska State Employees State of Alaska Department of Administration Alaska Public Offices Commission Alaska Department of Administration, Alaska Public Offices Commission APOC Home Commission Filer ; AO's Contact Us Administration > Alaska Public Offices Commission Alaska Public Offices Commission
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41 CFR 128-1.8010 - Judicial review.
2010-07-01
... procedural, enforceable at law by a party against the Department of Justice, its Seismic Safety Coordinators... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Judicial review. 128-1... Regulations System (Continued) DEPARTMENT OF JUSTICE 1-INTRODUCTION 1.80-Seismic Safety Program § 128-1.8010...
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28 CFR 68.28 - Authority of Administrative Law Judge.
2010-07-01
....28 Section 68.28 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND... UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD § 68.28... so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed, or...
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13 CFR 117.18 - Judicial review.
2010-01-01
... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Judicial review. 117.18 Section 117.18 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION NONDISCRIMINATION IN FEDERALLY... reasonable attorney's fees, but that the complainant must demand these costs in the complaint; (iii) That...
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2010-07-01
... Division § 0.64-3 Delegation respecting designation of certain Department of Agriculture employees (Tick... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Delegation respecting designation of certain Department of Agriculture employees (Tick Inspectors) to carry and use firearms. 0.64-3 Section 0...
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30 CFR 775.13 - Judicial review.
2010-07-01
... Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS... to judicial review by a court of competent jurisdiction, as provided for in the State program, but...
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Case of administrative dispute
Directory of Open Access Journals (Sweden)
Xhemazie Ibraimi
2015-11-01
Full Text Available The activity of administrative bodies includes big numbers of various acts and actions, through which the will of public administration is formed. The will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in the legal doctrine. The protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as to the judicial control in accordance with legal provisions. The judicial control of administrative acts represents a constitutional guarantee for citizens to protect their rights through public and fair trial by an independent and impartial court. In this way, the Constitution empowers the common administrative court that invalidates an action or administrative act, but not all administrative acts may be subject to administrative dispute, with the exception of cases against which the administrative conflict cannot be carried out (negative enumeration.
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Organic Law Of Judicial Guarantees And Constitutional Control
Directory of Open Access Journals (Sweden)
Ernesto López Freire
2013-01-01
Full Text Available This paper demonstrates the various unconstitutional and fallacies of the Organic Law of Judicial guarantees and Constitutional Control. For that, there will be a comprehensive collation between the mentioned law and the Constitution of the Republic of Ecuador and force. Through this analysis shows a lack of knowledge of Ecuadorian law or legal science by their authors. This study elucidated, inter alia, the inconsistencies in matters relating to the interpretation of constitutional provisions, full compensation, material and integral; challenge administrative acts, judicial unit.
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Home, Office of Public Advocacy, Department of Administration, State of
Visiting Alaska State Employees State of Alaska Department of Administration Division of Office of Public Advocacy Alaska Department of Administration, Office of Public Advocacy Home Programs Sections Forms Vendor Support Search Office of Public Advocacy State of Alaska Administration > Office of Public Advocacy
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Judicial Performance and Experiences of Judicial Work: Findings from Socio-legal Research
Directory of Open Access Journals (Sweden)
Sharyn Roach Anleu
2014-12-01
Full Text Available Judicial performance evaluation processes and programs tend to imply an abstract, normative model of the proper judge. The focus is on the individual judicial officer, identifying how judges ought to perform their judicial work and assessing any departures from the model. However, there is considerable diversity in judging which abstract models of JPE may not anticipate. Importantly, judicial performance occurs within a context – the practical and natural settings in which every day judicial work is undertaken. This entails time constraints, workload patterns, and dependence on the activities of others, factors over which the judicial officer may have little control, but which in turn may affect his/her behaviour. Often, judicial performance is taken to refer to in-court work only. Judicial work also occurs outside court and outside regular court hours and so may be less visible for judicial performance evaluation. Although there is considerable variety in judicial experiences of judging, JPE only sometimes includes self-perceptions or judges’ own reflections on their work. Social science and socio-legal research, including original empirical data from Australia, investigates judging in various contexts and explores judicial officers’ experiences of their work. Such empirical research can widen understandings of judicial performance and evaluation. Los procesos y programas de evaluación del rendimiento judicial tienden a implicar un modelo normativo abstracto del juez competente. La atención se centra en el funcionario judicial individual, identificando cómo deben realizar su labor los jueces y determinando cualquier desviación respecto al modelo. Sin embargo, a la hora de juzgar, existe una gran diversidad que los modelos abstractos de evaluación del rendimiento judicial no pueden anticipar. Es importante destacar que el desempeño judicial se produce en un contexto – el marco práctico y natural en el que se desarrolla cada d
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44 CFR 6.57 - Judicial review.
2010-10-01
... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 6.57 Section 6.57 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND... District Court in which the requestor resides or has his or her principal place of business or in which the...
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28 CFR 68.56 - Judicial review of a final agency order in cases arising under section 274A or 274C.
2010-07-01
... review by the Chief Administrative Hearing Officer of a final order by an Administrative Law Judge shall... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of a final agency order... OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE...
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Page JUDICIAL PRECEDENT IN THE NIGERIAN LEGAL SYSTEM
African Journals Online (AJOL)
Fr. Ikenga
Judicial precedent is a basic principle of the administration of justice in .... precedent assume a natural position that is not different from any other ... L. Alexander, Precedent in a Companion to Philosophy of Law and Legal Theory 503-513,.
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Directory of Open Access Journals (Sweden)
David Kosař
2017-03-01
Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.
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Judicial action and technical risk
International Nuclear Information System (INIS)
Buiren, S. van; Ballerstedt, E.; Grimm, D.
1981-05-01
In this study it is examined how the judiciary deals with those sections that are crucial for the use of nuclear energy. The authors get down to the pre-dominant problem of the law relating to technical safety. In the process they encounter the central dilemma of modern democracy, i.e. the strained relations which exist between judicial control and democratic responsibility. Since nuclear energy entered the market place, it has been the administrative courts which - in practice - have decided whether and to what extent nuclear energy may be used. On the one hand, this is a result of the fast growth of, and rapid change in, science and technology. On the other hand, it is a result of administrative law standards which have developed in the Federal Republic of Germany after World War II. The former requires the normative structure of the atomic law, the latter postulates how to deal with it. Legal protection against an act of public authority is guaranteed by the Basic Law and usually with some justification considered a splendid achievement of our state which is based on the rule of law. It has lead to developments in the atomic law and in many parts of the law relating to technical safety on which opinions are divided. In a dogmatic manner it has been legally examined to what extent an extensive review competence of the judiciary is a must, and whether there are any possibilities of judicial control of acts of public authorities without having to interfere with the original competence of administrations. (orig./HP) [de
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7 CFR 1.339 - Stays ordered by the Department of Justice.
2010-01-01
... judicial officer shall stay the process immediately. (b) If the judicial officer stays the administrative process in accordance with paragraph (a) of this section, the judicial officer may order the process... of the administrative process described in this subpart with respect to a claim or statement may...
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Directory of Open Access Journals (Sweden)
Izaskun Iriarte Irureta
2011-12-01
Full Text Available The Administration of Justice in Spain is going through a deep modernisation process aiming both at procedural and organisational reforms. The setting up of the new Judicial Office is precisely the major change of the organisation of the Administration of Justice in the last century. In this context, there is a shift in the role played by the regional governments with responsibilities in the field of Justice, as far as these regional governments are not only collaborators of the Judiciary at domestic jurisdiction, but they also become “actors” as they have decision making powers to create, to design and to organise the common procedural services of the Judicial Office and, hence, to set up the Judicial Office in each judicial district in their territory.This text presents the context and the reasons behind the setting up of the Judicial Office as a new way of organisation of the Spanish Administration of Justice; the Judiciary in Spain and the responsibilities of the regional governments in the Administration of Justice; the meaning of the Judicial Office and its guiding principles; the role of the Basque Government in setting up the Judicial Office in the Basque Country, paying special attention to its activity in the field of standardization of processes, the quality system, and of information, communication and coordination; the results of the first Judicial Offices. Finally the paper questions whether the regional or national governments are just “collaborators” or real “actors” of the Administration of Justice at domestic jurisdiction.
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Energy policy formulation and energy administration in South Africa
International Nuclear Information System (INIS)
Du Plessis, S.J.P.
1983-01-01
The evolvement of the governmental energy administrative mechanisms is discussed. Energy policy formulation and the role of the Department of Mineral and Energy Affairs in this regard are outlined. The energy administrative process, with reference to various energy carriers and specific spheres of the South African energy economy is discussed. It is indicated that close co-operation between the public and private energy sectors should result in mutual understanding of each others' practical problems and objectives, and should contribute towards the process of judicious energy policy formulation and administration in the interests of the national well-being
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International Nuclear Information System (INIS)
Steinberg, R.
1982-01-01
Due to their structural premise, administrative procedures possess an inordinate amount of influence, especially in complex situations of judicial decision making, to arrive at the ''right decision'' during the passing of binding regulatory ordinances. Since their system of organization is primarily subject to legislative influence, they are governed by the rules of administrative efficiency in the sense of extensive usage of performance - oriented governmental effectuation of constitutional rights. The demands for adequate judicial protection, of which wide administrative court procedure controls are part, will also serve the goal of reaching the ''right administrative decisions.'' (orig.) [de
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O'Reilly, Frances L.; Evans, Roberta D.
2007-01-01
University and college campuses in the United States utilize disciplinary/judicial processes to help address student behavioral problems. These include administrative, majority-peer, and minority-peer processes. This descriptive research was undertaken to find which of these three discipline/judicial processes were the most effective. The…
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Salience Theory of Judicial Decisions
Pedro Bordalo; Nicola Gennaioli; Andrei Shleifer
2015-01-01
We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge’s attention. By focusing judicial attention on such salient aspects of the case, legally irrelevant information can affect judicial decisions. Our model accounts for a range of recent experimental evidence that bears on the psychology of judicial decisions...
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The Creation of Constructive Conflict within Educational Administration Departments.
Gmelch, Walter H.
Issues in the resolution of departmental conflict by university chairs of educational administration departments are discussed in this paper. The need for finding more constructive ways to handle conflict is highlighted by a survey of 808 department chairs at 101 research and doctoral-granting universities, in which chairs identified…
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Terrorist Threats and Judicial Deference
DEFF Research Database (Denmark)
Rytter, Jens Elo
2014-01-01
The article analyses the extent to which judicial restraint in cases concerning national security is justified. It is argued that the extent of restraint must depend on the normative issue/aspect which is subject to judicial review.......The article analyses the extent to which judicial restraint in cases concerning national security is justified. It is argued that the extent of restraint must depend on the normative issue/aspect which is subject to judicial review....
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Review of Judicial Reforms in Bhutan
Dubgyur, Lungten
2004-01-01
This essay highlights the anomalies of judicial reforms in Bhutan. It presents a historical perspective of Bhutanese judicial reforms and addresses recent developments. It discusses court performance and experiences and approaches adopted in making the courts efficient. Much of the reform initiatives emanate from the throne. His Majesty the King has always advocated an efficient judicial system for the Kingdom. In obedience to the Royal Commands, the judicial system and judicial process in Bh...
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42 CFR 423.1976 - Judicial review.
2010-10-01
... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.1976 Section 423.1976 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.1976 Judicial review. (a) Review of ALJ's decision. The enrollee may request judicial...
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Judicial Influence on Policy Outputs?
DEFF Research Database (Denmark)
Martinsen, Dorte Sindbjerg
2015-01-01
to override unwanted jurisprudence. In this debate, the Court of Justice of the European Union (CJEU) has become famous for its central and occasionally controversial role in European integration. This article examines to what extent and under which conditions judicial decisions influence European Union (EU......) social policy outputs. A taxonomy of judicial influence is constructed, and expectations of institutional and political conditions on judicial influence are presented. The analysis draws on an extensive novel data set and examines judicial influence on EU social policies over time, that is, between 1958...
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40 CFR 178.65 - Judicial review.
2010-07-01
... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 178.65 Section 178.65... REQUESTS FOR HEARINGS Judicial Review § 178.65 Judicial review. An order issued under § 178.37 is final... of the order in the Federal Register. The failure to file a petition for judicial review within the...
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Directory of Open Access Journals (Sweden)
Iasna Chaves Viana
2016-12-01
Full Text Available The judge’s action setting became modern ágora, preferential space of the relevant public deliberations. Today there is an invasion of the public choices’ usual spaces by the legalization of politics, result of Brazil's institutional design. The concepts of judicial activism and judicial protagonism oppose this scenario. At present it must be judicial action protagonist, transforming reality, understood that which is back to lend maximum effect to the Constitutional text. Especially relevant when it comes to environmental issues, given the enormous complexity of today's society. Case studies aim to show the evolution of the Brazilian Judicial understanding in this regard.
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['Judicialization' of public health policy for distribution of medicines].
Chieffi, Ana Luiza; Barata, Rita Barradas
2009-08-01
The supply of medicines in response to court orders or injunctions has become a common practice in the State of São Paulo, Brazil. This 'judicialization' of the health system clashes with basic principles of the Brazilian Unified National Health System (SUS), such as equal opportunity to access health services. The aim of this paper is to analyze the legal action used to obtain medicines through the São Paulo State Health Department, from two main angles: judicialization of public policies and breach of the equity principle. This is a descriptive study of legal action taken to obtain medicines through the São State Health Department, as listed in the Electronic Court Docket System for the year 2006. Most cases were filed through private attorneys; 47% of the patients had obtained their prescriptions through private care; and 73% of the cases involved patients from the three wealthiest areas in the city of São Paulo. The data demonstrate that such legal action violates key principles of the SUS such as equity, thereby privileging individuals with higher purchasing power and more access to information.
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43 CFR 4.478 - Appeals to the Board of Land Appeals; judicial review.
2010-10-01
... appeal to the Board from an order of an administrative law judge granting or denying a petition for a... judicial review under 5 U.S.C. 704 of a final BLM grazing decision if the administrative law judge denies a... decide the appeal promptly. (d) Unless the Board or a court orders otherwise, an appeal under paragraph...
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Directory of Open Access Journals (Sweden)
Rachael L. Johnstone
2015-03-01
Full Text Available Review of the following book: Kári á Rógvi, West-Nordic Constitutional Judicial Review: A Comparative Study of Scandinavian Judicial Review and Judicial Reasoning (Copenhagen: Djøf Publishing, 2013. pp. 364, 45.00 GBP (paperback. ISBN: 8757429154
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Product-line administration: a framework for redefining medical record department services.
Postal, S N
1990-06-01
Product-line administration is a viable approach for managing medical records services in an environment that demands high quantity and quality service levels. Product-line administration directs medical record department team members to look outside of the department and seek input from the customers it is intended to serve. The feedback received may be alarming at first, as the current state of products usually reveals a true lack of customer input. As the planning, defining, managing, and marketing phases are implemented, the road will not be easy and rewards will be slow to come. Product-line administration does not provide quick fixes, but it does provide long-term problem resolution as products are refined and new products developed to meet customer needs and expectations. In addition to better meeting the needs of the department's external customers, the department's internal customers' needs and expectations will be addressed. The participative management approach will help nurture each team member's creativity. The team members will have the opportunity to reach their full potential while reaping the rewards and benefits of providing products and services that meet the needs and expectations of all department customers. The future of the health care industry promises more changes as the country moves toward some form of prospective payment in the ambulatory setting. Reactive management and the constant struggle to catch up can no longer be accepted as a management approach. It is imperative that the medical record department be viewed as a business with product lines composed of quality products. The planning, defining, managing, and marketing components of product-line administration afford responsiveness to the current situation and the development of quality products that will ensure that medical record departments are prepared for the future.
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28 CFR 16.1 - General provisions.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false General provisions. 16.1 Section 16.1 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION... administration of the Department of Justice. ...
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Judicial Review and Political Partisanship
DEFF Research Database (Denmark)
Garoupaa, Nuno; Grembi, Veronica
2015-01-01
Due to the collapse of the party system during the mid-nineties, Italy represents an interesting case study to test the effects of a transition from a consensual to a majoritarian model of democracy on judicial behavior at the level of the Constitutional Court. Using a dataset of 972 cases...... of substantive judicial review (ricorsi in via principale) from 1985 to 2005, and proposing new measures of political alignment within constitutional review, we analyze the effect of a change in the political party system on judicial behavior. Our results show that political alignment is a stronger predictor...... of judicial decision making under majoritarian than consensual model of democracy....
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Soeharno, Jonathan
2007-01-01
Much effort is being made to safeguard judicial integrity – but what is it? In this article, two discourses on judicial integrity will be outlined: one in which judicial integrity is said to be at stake and one in which the emphasis lies on safeguarding judicial integrity. These discourses are by no
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Administrative and Judicial Cooperation in France
Vervaele, J.A.E.
2002-01-01
There is very little knowledge in the Netherlands of how economic private law and public law are enforced in France. In France too, however, scant information can be gleaned. There is little if any contact in the university community between criminal law and administrative law, partly because
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43 CFR 27.12 - Judicial review.
2010-10-01
... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 27.12 Section 27.12... UNDER TITLE II OF PUBLIC LAW 93-153 § 27.12 Judicial review. Action taken pursuant to this part is subject to judicial review. ...
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Administrative bias in South Africa
Directory of Open Access Journals (Sweden)
E S Nwauche
2005-01-01
Full Text Available This article reviews the interpretation of section 6(2(aii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2 which on close examination is not the same thing. Accordingly the paper urges an alternative interpretation that is based on the reasonable suspicion test enunciated in BTR Industries South Africa (Pty Ltd v Metal and Allied Workers Union and R v Roberts. Within this context, the paper constructs a model for interpreting the bias ground of review that combines the reasonable suspicion test as interpreted in BTR Industries and R v Roberts, the possibility of the waiver of administrative bias, the curative mechanism of administrative appeal as well as some level of judicial review exemplified by the jurisprudence of article 6(1 of the European Convention of Human Rights, especially in the light of the contemplation of the South African Magistrate Court as a jurisdictional route of judicial review.
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47 CFR 1.1529 - Judicial review.
2010-10-01
... 47 Telecommunication 1 2010-10-01 2010-10-01 false Judicial review. 1.1529 Section 1.1529 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL PRACTICE AND PROCEDURE Implementation of the Equal... Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C...
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17 CFR 201.58 - Judicial review.
2010-04-01
... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 201.58 Section 201.58 Commodity and Securities Exchanges SECURITIES AND EXCHANGE COMMISSION RULES OF PRACTICE Regulations Pertaining to the Equal Access to Justice Act § 201.58 Judicial review. Judicial review of final...
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45 CFR 1703.601 - Judicial review.
2010-10-01
... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person may...
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14 CFR 1262.309 - Judicial review.
2010-01-01
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1262.309 Section 1262.309... PROCEEDINGS Procedures for Considering Applications § 1262.309 Judicial review. Judicial review of final... the determination to the court of the United States having jurisdiction to review the merits of the...
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42 CFR 423.2136 - Judicial review.
2010-10-01
... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.2136 Section 423.2136 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.2136 Judicial review. (a) General rule. To the extent authorized by sections 1876(c...
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45 CFR 1203.11 - Judicial review.
2010-10-01
... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1203.11 Section 1203.11 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE... Judicial review. Action taken pursuant to section 602 of title VI is subject to judicial review as provided...
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43 CFR 17.10 - Judicial review.
2010-10-01
... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 17.10 Section 17.10... Origin § 17.10 Judicial review. Action taken pursuant to section 602 of the act is subject to judicial review as provided in section 603 of the act. [29 FR 16293, Dec. 4, 1964] ...
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42 CFR 422.612 - Judicial review.
2010-10-01
... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 422.612 Section 422.612 Public... Judicial review. (a) Review of ALJ's decision. Any party, including the MA organization, may request judicial review (upon notifying the other parties) of an ALJ's decision if— (1) The Board denied the party...
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40 CFR 180.30 - Judicial review.
2010-07-01
... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 180.30 Section 180.30... EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the...
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31 CFR 16.42 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 16.42 Section 16.42... FRAUD CIVIL REMEDIES ACT OF 1986 § 16.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the...
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43 CFR 35.42 - Judicial review.
2010-10-01
... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 35.42 Section 35.42... CLAIMS AND STATEMENTS § 35.42 Judicial review. Section 3805 of title 31, U.S. Code, authorizes judicial review by an appropriate U.S. District Court of a final decision of the Secretary imposing penalties or...
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14 CFR 1264.141 - Judicial review.
2010-01-01
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1264.141 Section 1264.141... PENALTIES ACT OF 1986 § 1264.141 Judicial review. Section 3805 of Title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head...
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31 CFR 6.16 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 6.16 Section 6.16... EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 6.16 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). ...
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31 CFR 92.18 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 92.18 Section 92.18... States Mint § 92.18 Judicial review. A Final Notice of Assessment issued under the procedures in this subpart may be subject to judicial review pursuant to 5 U.S.C. 701 et seq. ...
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28 CFR 36.204 - Administrative methods.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Administrative methods. 36.204 Section 36... PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES General Requirements § 36.204 Administrative methods... standards or criteria or methods of administration that have the effect of discriminating on the basis of...
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14 CFR 1250.110 - Judicial review.
2010-01-01
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1250.110 Section 1250.110... PROGRAMS OF NASA-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 1250.110 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603...
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31 CFR 28.630 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 28.630 Section 28.630 Money and Finance: Treasury Office of the Secretary of the Treasury NONDISCRIMINATION ON THE BASIS... Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20 U...
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O protagonismo judicial e as políticas públicas / The judicial leadership and public policy
Directory of Open Access Journals (Sweden)
Mauricio Amorim
2016-07-01
Abstract: This study aims to analyze the judicial control of public policies. Thus, the doctrinal concept of these policies will be explained, and the delimitation of political harvest and develops. A brief overview of the division of powers is necessary, in order to better define what can be considered as judicial activism. About this same theme of activism, will be shown that there is no consensus on their classification, but it depends on the time and place to be analyzed. A relevant discussion on the possible Reserve Theory is demonstrated, as well as whether or not their use when analyzing the legitimacy of judicial intervention in the sphere of activities of the other two branches of government. Finally, the subject of judicial intervention at the present time will be studied, and their possible consequences for democracy. Keywords: Public policy; Judicial activism; Possible reserve theory.
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Limitations. 513.31 Section 513.31 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE GENERAL MANAGEMENT AND ADMINISTRATION... published in 5 CFR part 297 and by Department of Justice regulations published in 28 CFR part 16. ...
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28 CFR 16.40 - General provisions.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false General provisions. 16.40 Section 16.40 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION..., commission, service, or administration of the Department of Justice. (2) Request for access to a record means...
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28 CFR 51.59 - Redistrictings.
2010-07-01
... extent to which the plan departs from objective redistricting criteria set by the submitting jurisdiction... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Redistrictings. 51.59 Section 51.59 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF...
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Naloxone Administration in US Emergency Departments, 2000���2011
Frank, Joseph W.; Levy, Cari; Calcaterra, Susan L.; Hoppe, Jason A.; Binswanger, Ingrid A.
2015-01-01
Rates of opioid overdose and opioid-related emergency department (ED) visits have increased dramatically. Naloxone is an effective antidote to potentially fatal opioid overdose, but little is known about naloxone administration in ED settings. We examined trends and correlates of naloxone administration in ED visits nationally from 2000 to 2011. Using data from the National Hospital Ambulatory Medical Care Survey, we examined ED visits involving (1) the administration of naloxone or (2) a dia...
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28 CFR 345.57 - Administrative pay.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Administrative pay. 345.57 Section 345.57... (FPI) INMATE WORK PROGRAMS Inmate Pay and Benefits § 345.57 Administrative pay. An inmate excused from a job assignment may receive administrative pay for such circumstances as a general recall for an...
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31 CFR 587.705 - Administrative collection; referral to United States Department of Justice.
2010-07-01
... to United States Department of Justice. 587.705 Section 587.705 Money and Finance: Treasury... § 587.705 Administrative collection; referral to United States Department of Justice. In the event that... Department of the Treasury or to the United States Department of Justice for appropriate action to recover...
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The constitutional court review of judicial decisions
Directory of Open Access Journals (Sweden)
Stojanović Dragan M.
2016-01-01
Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights
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Judicial Capacity in a Transforming Legal System
Directory of Open Access Journals (Sweden)
Hugh Corder
2017-12-01
Full Text Available Given the perennial problem of lack of access to justice; the fact that there was no shortage of superior court judges until 1994; the demands on court process which flow directly from transition to the constitutional democratic system; and the urgent and justified necessity for the demographic transformation of judicial personnel, two challenges to the capacity of the judicial system present themselves in South Africa: Enlarging the number of suitable candidates for judicial appointment to redress the former demographic imbalance; and developing the kind of skills among those appointed as judges to be able to respond with confidence across a wide range of often complex legal issues; and developing a theory of judicial deference which observes the separation of powers and preserves judicial independence. This paper explores these challenges, after setting out the socio-political context, as it impacts directly on their nature and scope, and the prospects of meeting them.Debido al constante problema de la falta de acceso a la justicia, al hecho de que no hubo escasez de jueces de tribunales superiores hasta 1994, las demandas del proceso judicial que surgen directamente de la transición al sistema democrático constitucional, y la necesidad urgente y justificada de la transformación demográfica del personal judicial, el rendimiento judicial en Sudáfrica se encuentra con dos desafíos: Aumentar el número de candidatos aptos al nombramiento judicial para compensar el anterior desequilibrio demográfico y desarrollar en los jueces nombrados aquellas habilidades que les permitan responder con confianza a asuntos jurídicos a menudo complejos; y desarrollar una teoría de deferencia judicial que respete la separación de poderes y preserve la independencia judicial. Este artículo explora estos desafíos tras explicar el contexto sociopolítico, ya que éste afecta directamente a su naturaleza y alcance, y las probabilidades de que se superen
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Administrative management of dental departments in hospitals in Taiwan: A field survey
Directory of Open Access Journals (Sweden)
Tsang-Lie Cher
2012-12-01
Conclusion: For the overall administrative management of dental departments, medical centers were superior to regional hospitals, which were better than district hospitals. In order to elevate the quality, we suggest that dental department should be included in teaching hospital accreditation, and the criteria we used can be taken for reference for the dental department accreditation in the future.
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28 CFR 0.140 - Authority relating to advertisements, and purchase of certain supplies and services.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Authority relating to advertisements, and purchase of certain supplies and services. 0.140 Section 0.140 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Authorizations With Respect to Personnel and Certain Administrative Matters § 0.140 Authority...
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Administrative litigation systems in Europe
Directory of Open Access Journals (Sweden)
Cătălin-Silviu Săraru
2017-06-01
Full Text Available The article, analyzing the administrative litigation in the comparative law, groups the existing types of administrative litigation into four major systems, namely: a States with administrative jurisdictions who have the State Council on top, administrative body with consultative and judicial role (the French system; b States with administrative jurisdictions completely separated from the active and consultative administrations (the German system; c States with administrative jurisdictions included in the judicial system; d States with no administrative jurisdiction (English system. The administrative contentious systems analyzed have developed in line with historical evolution and legal traditions and have been continually adapted to the realities existing in each state. The manner in which the administrative contentious is regulated in a State reflects the degree of democratization of that country, the extent to which the citizen enjoys legal safeguards to defend himself against abuses by public authorities. The scientific novelty of this article is to capture the latest trends in the evolution of the administrative contentious systems analyzed. This study aims to provide an easy working tool for reforming administrative litigation on comparative law in states with young democracy. In the research we used the comparative method, the historical and the logical method.
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Regulations. 0.128b Section 0.128b Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1-Foreign Claims... the United States are published in 45 CFR chapter V. ...
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Does Avoiding Judicial Isolation Outweigh the Risks Related to “Professional Death by Facebook”?
Directory of Open Access Journals (Sweden)
Karen Eltis
2014-09-01
Full Text Available What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt that fate, proactively addressing judicial social networking and its potential ramification for the administration of justice in the digital age? The immediate purpose of this article is to generate greater awareness of the issues specifically surrounding judicial social networking and to highlight some practical steps that those responsible for judicial training might consider in order to better equip judges for dealing with the exigencies of the digital realm. The focus is on understanding how to first recognize and then mitigate privacy and security risks in order to avoid bringing justice into disrepute through mishaps, and to stave off otherwise preventable incidents. This paper endeavors to provide a very brief overview of the emerging normative framework pertinent to the judicial use of social media, from a comparative perspective, concluding with some more practical (however preliminary recommendations for more prudent and advised ESM use.
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RESTRICTION OF RIGHTS OF NON-GOVERNMENTAL ORGANIZATIONS IN RUSSIA AS A SUBJECT OF JUDICIAL CONTROL
Directory of Open Access Journals (Sweden)
P. Vinogradova
2016-01-01
Full Text Available This article examines the issue of the regulation of the Russian state’s control over the activities of non-governmental organizations and the limits to that control. Important changes made in 2014–2016 in the regulation of the organization and activity of judicial power show that the tasks of transformation of the judicial power structure, establishment of effective control mechanisms and strengthening of the requirements on substantiation of court judgments have become more topical. Addressing this issue and taking it as the subject of study are motivated by the small number of works dealing with this issue. The task of enhancing the effectiveness of the exercise of their powers by public authorities necessitates consideration of special features of judicial control over disputes related to restriction of rights. The adoption of the Administrative Procedure Code of the Russian Federation and the statutory formalization of special features of judicial control with respect to certain non-commercial organizations imply changes in judicial practice related to challenging the decisions made by public authorities. In addition to special procedural features such changes also facilitate the spread in law enforcement practice of legal arrangements like the ‘proportionality test’ and determining the balance between competing constitutional values and conditions of public order observance. The analysis carried out by the author reveals tendencies of improvement in legislative action and allows identification of future lines of improvement in judicial practice.
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THE CLUSTER- AN ENTITY WITH OR WITHOUT JUDICIAL PERSONALITY
Directory of Open Access Journals (Sweden)
Diana Anca Artene
2014-11-01
Full Text Available As a result of the integration within the European Union, in the economical and social life of Romania, new judicial entities have been developed. The cluster is amongst the most recent advent in the judicial spectre. The cluster represents a group of people both individuals and legal persons which is considered to act on the basis of an association contract conceptualized under the existent agreements of the organizations found within the spectrum of science and accredited innovation and/or accredited higher education institutions ,as well as, other noncommercial institutions. At the same time, economic agents, local public administrative authorities, employers` or professionals associations, non-judicial individuals, financial institutions, international organizations, local and foreign investors are relevant for the emergence of the scientific and educational research activities, as well as for the technological transfer of the scientific and innovative results and their valorisation through economical activities. 2 Therefore, it can be argued that the cluster has appeared as a result of the necessity to create a proper environment that would reunite the business partners in order to develop common resources and competences. These are based on similar marketing strategies, the participation to similar projects and initiatives, the opportunity to create a brand, etc. An additional circumstance that has determined the development of this entity in its more recent form, is represented by the possibility of ensuring (at least in a pageant manner the independence for every partner on the basis of the dualism between competition- cooperation. The cluster can be organized as an entity with or without judicial personality. The definition of the cluster makes us reflect upon the ways in which it can be constituted: legal person with lucrative purpose, legal person without lucrative purpose, association without legal personality (simple association of
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31 CFR 540.705 - Administrative collection; referral to United States Department of Justice.
2010-07-01
... to United States Department of Justice. 540.705 Section 540.705 Money and Finance: Treasury... Administrative collection; referral to United States Department of Justice. In the event that the respondent does... Treasury or to the United States Department of Justice for appropriate action to recover the penalty in a...
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31 CFR 586.705 - Administrative collection; referral to United States Department of Justice.
2010-07-01
... to United States Department of Justice. 586.705 Section 586.705 Money and Finance: Treasury....705 Administrative collection; referral to United States Department of Justice. In the event that the... Treasury or to the United States Department of Justice for appropriate action to recover the penalty in a...
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Judicial Performance Review in Arizona: A Critical Assessment
Directory of Open Access Journals (Sweden)
Rebecca White Berch
2014-12-01
Full Text Available Judicial performance evaluations are a relatively new tool for assessing judges and providing information to voters to help them determine whether to retain judges in contested or retention elections. Arizona implemented its judicial evaluation program about 20 years ago, and since that time, the state has continually strived to improve its process. The result is that today Arizona has one of the most progressive and comprehensive judicial performance evaluation programs in the United States. This article takes a critical look at the strengths and weaknesses of Arizona’s program, keeping in mind two key values that the system seeks to protect: judicial accountability and judicial independence. Las evaluaciones del rendimiento judicial son una herramienta relativamente nueva para evaluar a los jueces y ofrecer información a los votantes, que les ayude a decidir si quieren reelegir a los jueces en las elecciones. Arizona implementó su programa de evaluación judicial hace unos 20 años, y desde ese momento, el Estado se ha esforzado continuamente en mejorar el proceso. El resultado es que hoy en día, Arizona tiene uno de los programas de evaluación del rendimiento judicial más progresistas e integrales de los Estados Unidos. Este artículo ofrece una mirada crítica a las fortalezas y debilidades del programa de Arizona, teniendo en cuenta dos valores clave que el sistema trata de proteger: la responsabilidad judicial y la independencia judicial. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2533868
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28 CFR 61.6 - Consideration of environmental documents in decisionmaking.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Consideration of environmental documents in decisionmaking. 61.6 Section 61.6 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED..., the Department of Justice shall: (a) Consider from the earliest possible point in the process all...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Organization. 0.119 Section 0.119 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1-Office of Community Oriented Policing Services § 0.119 Organization. The Office of Community Oriented Policing...
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46 CFR 1.01-30 - Judicial review.
2010-10-01
... 46 Shipping 1 2010-10-01 2010-10-01 false Judicial review. 1.01-30 Section 1.01-30 Shipping COAST... Judicial review. (a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of...
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Directory of Open Access Journals (Sweden)
Ernani Carvalho
2010-04-01
Full Text Available As instituições judiciárias ficaram por muito tempo na sombra dos fenômenos e da teoria política estudadas na América Latina. Neste texto trago algumas reflexões em torno de uma dessas instituições, a revisão judicial. A ideia central é demonstrar a trajetória deste instrumento jurídico que se tornou uma peça chave no entendimento da judicialização da política no Brasil. Neste sentido, tentaremos mapear os fatores que potencializam a judicialização da política tomando como pano de fundo a evolução das instituições judiciais brasileiras no período republicano, especificamente as instituições responsáveis pela revisão judicial.The judicial institutions remained for a long time in the shadow of the political phenomena and theory in Latin America. This article presents some thoughts on one of these institutions, the judicial review. The main idea is to demonstrate the trajectory of this legal instrument that has become a key piece to understand the judicialization of politics in Brazil. In this sense, the paper tries to identify the factors that lead to the judicialization of politics, considering as background the evolution of the judicial institutions in Brazil during the republican period, and in particular the institutions responsible for the judicial review.
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2011-10-28
... DEPARTMENT OF LABOR Employment and Training Administration Notice of Development of the U.S. Department of Labor, Employment and Training Administration's Five-Year Research and Evaluation Strategic Plan for 2010-2015; Request for Public Comment AGENCY: Employment and Training Administration, Labor...
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Pozveh, Asghar Zamani; Karimi, Fariba
2016-01-01
The aim of the present study was to determine the relationship between organizational climate and the organizational silence of administrative staff in Education Department in Isfahan. The research method was descriptive and correlational-type method. The study population was administrative staff of Education Department in Isfahan during the…
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28 CFR 0.116 - Board of Immigration Appeals.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Board of Immigration Appeals. 0.116 Section 0.116 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Executive Office for Immigration Review § 0.116 Board of Immigration Appeals. The Board of Immigration...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Organization. 0.128 Section 0.128 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1-Foreign Claims Settlement Commission § 0.128 Organization. The Foreign Claims Settlement Commission of the United States is...
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THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES
Directory of Open Access Journals (Sweden)
R.J. Sánchez
2016-01-01
Full Text Available Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems regarding the inefficient work of Courts.
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28 CFR 0.92 - National Institute of Justice.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false National Institute of Justice. 0.92 Section 0.92 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1-Office of Justice Programs and Related Agencies § 0.92 National Institute of Justice. The National...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Application. 39.102 Section 39.102 Judicial Administration DEPARTMENT OF JUSTICE ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF JUSTICE § 39.102 Application. This part applies to...
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28 CFR 0.85a - Criminal justice policy coordination.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal justice policy coordination. 0.85a Section 0.85a Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Federal Bureau of Investigation § 0.85a Criminal justice policy coordination. The Federal Bureau...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Staff. 600.5 Section 600.5 Judicial Administration OFFICES OF INDEPENDENT COUNSEL, DEPARTMENT OF JUSTICE GENERAL POWERS OF SPECIAL COUNSEL § 600.5 Staff. A Special Counsel may request the assignment of appropriate Department employees to assist the...
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28 CFR 25.3 - System information.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false System information. 25.3 Section 25.3 Judicial Administration DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE INFORMATION SYSTEMS The National Instant Criminal Background Check System § 25.3 System information. (a) There is established at the FBI a...
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28 CFR 66.6 - Additions and exceptions.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Additions and exceptions. 66.6 Section 66.6 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) UNIFORM ADMINISTRATIVE REQUIREMENTS FOR... additional administrative requirements except in codified regulations published in the Federal Register. (b...
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12 CFR 1780.57 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Stays pending judicial review. 1780.57 Section... Posthearing Proceedings § 1780.57 Stays pending judicial review. The commencement of proceedings for judicial... Director pending a final decision on a petition for review of that order. ...
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Imaginaries of Judicial Practices in Cali, Colombia
Directory of Open Access Journals (Sweden)
Lina Buchely
2015-05-01
Full Text Available This article explores the emotions of users and functionaries involved in the justice system and the administration of justice in Cali, Colombia. The analysis presented argues that the state not only employs a bureaucratic rational language but also invokes emotions and feelings. In this sense, it is not only the central imaginaries of the state justice system and judicial processes but also the idea of justice itself that is marked by tediousness, delay and chaos, imaginaries of the system that were identified by the users and the officials involved in the administration of the system. There is no justice if it is not a process that is tedious, marked by ritual, mysticism, disorder and difficulties. These findings demonstrate that, against liberal discourses that emphasize the order, unity and rationality of public actions, that the power of the state actually operates through the disaggregated, the irrational and the emotional, a much wider and inexplicable framework.
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Directory of Open Access Journals (Sweden)
Miguel Ángel Ruiz López
2013-10-01
Full Text Available El ejercicio de las potestades administrativas suscita una consideración desde la perspectiva del derecho fundamental a la inviolabilidad del domicilio. ¿Pero todos los lugares a los que puede acceder la Administración en el ejercicio de sus potestades constituyen domicilio, en el sentido constitucional del término? ¿Puede afirmarse que la autorización judicial es preceptiva en todos los supuestos específicos de ejercicio de potestades administrativas? En el presente trabajo se analiza la jurisprudencia constitucional y contencioso-administrativa recaída en torno al concepto de domicilio constitucional, con especial atención a su aplicación en el ámbito de las potestades administrativas. Asimismo se examinan las reglas y principios esenciales aplicables al procedimiento judicial cuando es precisa la autorización de entrada administrativa, con alusión a la competencia para otorgarla, al trámite de audiencia y al contenido mismo de la resolución judicial. The exercise of administrative powers can be analyzed from the perspective of the fundamental right to the inviolability of the home. Every place where administrative entry is possible, could be considered home in the constitutional sense of the term? Is always required authorization in any case of administrative powers exercise? This paper examines the Spanish constitutional and administrative case law around the concept of constitutional home; particularly from administrative powers point of view. It also focuses on the rules and principles applicable to judicial proceedings when entry authorization is needed, with reference to the power to grant it, the hearing process and the content of the judgment.
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Annual report on the activities in Safety Administration Department. Report of the fiscal year 2010
Energy Technology Data Exchange (ETDEWEB)
Aoki, Yoshikazu [Japan Atomic Energy Agency, Nuclear Fuel Cycle Engineering Laboratories, Tokai, Ibaraki (Japan)
2014-01-15
The activities of Safety Administration Department covers many fields in Nuclear Fuel Cycle Engineering Laboratories such as the management of the occupational safety and health, the crisis management, the security, and the management of a quality assurance. This report is the summary of the activities of Safety Administration Department since April, 2010 until March, 2011. (author)
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Selected Regional Judicial Officer Cases, 2005 - Present
U.S. Environmental Protection Agency — This dataset contains selected cases involving EPA's Regional Judicial Officers (RJOs) from 2005 to present. EPA's Regional Judicial Officers (RJOs) perform...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Assistance. 542.16 Section 542.16 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT ADMINISTRATIVE... disability to prepare and process a Request or an Appeal. ...
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Directory of Open Access Journals (Sweden)
Jonathan Soeharno
2007-06-01
Full Text Available Much effort is being made to safeguard judicial integrity – but what is it? In this article, two discourses on judicial integrity will be outlined: one in which judicial integrity is said to be at stake and one in which the emphasis lies on safeguarding judicial integrity. These discourses are by no means homogeneous. Not only are there considerable differences between the English and the Dutch discourses, there are also differences within each discourse regarding the use and meaning of integrity. In order to gain a better understanding of the concept, normative theory is consulted. From a rule of law perspective, integrity as the proper professional character of an official appears to be a presupposed norm. From the perspective of democracy, integrity appears as the norm that correlates with public trust. Expounding on these norms – integrity as professional character and integrity as external accountability – enables a better understanding of the discourses on judicial integrity.
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SMEs: Trust and judicial system
Directory of Open Access Journals (Sweden)
Marilene Lorizio
2016-06-01
Full Text Available Italian SMEs share capabilities and routines that permit them to reach high level of competition. But in a global system that is affected by structural deficiencies and negative performance of judicial system, it is very hard to maintain high performances. In this work, starting from the resilience capacity of a group of SMEs of surviving to the crisis, we try to analyse the quality of the expectations of a sample of resilient firms. Our study leads to the hypothesis that the economic crisis is in line with a crisis of confidence in the judicial system. This is all the more serious when considering that this distrust is rooted in those firms located in Southern Italy, where the inefficiency of the judicial system is particularly pronounced.
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Annual reports. 43.4 Section 43.4 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES § 43.4 Annual reports. The head of each Department or Agency...
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28 CFR 39.104-39.109 - [Reserved
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false [Reserved] 39.104-39.109 Section 39.104-39.109 Judicial Administration DEPARTMENT OF JUSTICE ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF JUSTICE §§ 39.104-39.109 [Reserved] ...
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28 CFR 39.141-39.148 - [Reserved
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false [Reserved] 39.141-39.148 Section 39.141-39.148 Judicial Administration DEPARTMENT OF JUSTICE ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF JUSTICE §§ 39.141-39.148 [Reserved] ...
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28 CFR 39.152-39.159 - [Reserved
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false [Reserved] 39.152-39.159 Section 39.152-39.159 Judicial Administration DEPARTMENT OF JUSTICE ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF JUSTICE §§ 39.152-39.159 [Reserved] ...
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28 CFR 39.131-39.139 - [Reserved
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false [Reserved] 39.131-39.139 Section 39.131-39.139 Judicial Administration DEPARTMENT OF JUSTICE ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF JUSTICE §§ 39.131-39.139 [Reserved] ...
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28 CFR 39.112-39.129 - [Reserved
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false [Reserved] 39.112-39.129 Section 39.112-39.129 Judicial Administration DEPARTMENT OF JUSTICE ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF JUSTICE §§ 39.112-39.129 [Reserved] ...
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28 CFR 39.161-39.169 - [Reserved
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false [Reserved] 39.161-39.169 Section 39.161-39.169 Judicial Administration DEPARTMENT OF JUSTICE ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF JUSTICE §§ 39.161-39.169 [Reserved] ...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Organization. 0.37 Section 0.37 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1-Executive Office for United States Trustees § 0.37 Organization. The Executive Office for United States Trustees shall be headed by a...
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40 CFR 173.9 - Judicial review.
2010-07-01
... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 173.9 Section 173.9 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS PROCEDURES GOVERNING... Judicial review. The State may appeal an order rescinding, in whole or in part, its primary enforcement...
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Considerations about an administrative ''margin of prognosis''
International Nuclear Information System (INIS)
Tettinger, P.J.
1982-01-01
The investigation is concerned with the limitations of certain judicial concepts, and the descretion of the appropriate administrative authorities to interpret them, especially in the area of necessary precautionary measures with regard to nuclear power plants safety. Thereby the question arises, whether by interpreting undefined judicial concepts (such as ''the status of science and technology'', e.g. section 1 sub-section 2, number 3 of the Atomic Energy Law), administrative authorities should be given a flexible margin of judgement which could not be examined, by the administrative courts, especially in view of risk analysis and risk assessments. Diverging opinions in legal literature and the administration of justice will be presented and critically analyzed. The author argues for an integral administrative procedure. Controlling the licensing of nuclear power plants, which - if need be - should only be limited by a ''plausibility control'' in cases where several security-safety related technical solutions appear acceptable. (WBI) [de
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Directory of Open Access Journals (Sweden)
Anna Christina Zenkner
2016-12-01
Full Text Available The theme of this paper deals with the increasing movement of judicialization of the right to health, characterized by the excess of judicial demands aiming at the obtaining of health treatments and medicines. A study was made on the right to health, its principles and health organization in Brazil in light of Law 8.080 / 90. It analyzed parameters for rationalization of the judicialization in the supply of medicines. He noted the need to adapt procedures and criteria, both administrative and judicial, to make public policies feasible in order to achieve satisfaction of the right to health.
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37 CFR 204.9 - Judicial review.
2010-07-01
... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Judicial review. 204.9 Section 204.9 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE AND PROCEDURES PRIVACY ACT: POLICIES AND PROCEDURES § 204.9 Judicial review. Within two years of the...
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12 CFR 509.41 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Stays pending judicial review. 509.41 Section... pending judicial review. The commencement of proceedings for judicial review of a final decision and order... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Organization. 0.29 Section 0.29 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 4-Office of the Inspector General § 0.29 Organization. (a) The Office of the Inspector General consists of an immediate office, which is...
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2010-07-01
... an Administrative Law Judge in cases arising under section 274A or 274C. 68.54 Section 68.54 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... an Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority of the Chief...
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17 CFR 200.64 - Judicial review.
2010-04-01
... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 200.64... AND ETHICS; AND INFORMATION AND REQUESTS Canons of Ethics § 200.64 Judicial review. The Congress has provided for review by the courts of the decisions and orders by this Commission. Members should recognize...
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31 CFR 29.406 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.406 Section 29.406 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER CERTAIN DISTRICT OF COLUMBIA RETIREMENT PROGRAMS Claims and Appeals Procedures § 29.406 Judicial review...
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31 CFR 29.515 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.515 Section 29.515 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER... Overpayments § 29.515 Judicial review. An individual whose request for reconsideration has been denied (in...
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PartnerSHIPS: aligning your department with administration for smooth sailing.
Foy, Richard
2015-03-01
Healthy partnerships with hospital administration are essential for any neurodiagnostics program to experience growth and development. The differing backgrounds of business-oriented administrators and clinically oriented technologists can result in challenges with various departmental initiatives and lead to ineffective outcomes when seeking to balance high-quality, patient-oriented care with efficient and profitable operations. Over the course of a two-year period, The University of Texas Medical Branch at Galveston (UTMB Health) implemented several changes that have led to better patient care outcomes. These changes were possible because of a remarkably effective collaboration between neurodiagnostic technologists and hospital administration. Proven business principles were combined with evidence-based healthcare and clinical-practice guidelines to facilitate the following initiatives: 1. Combining EEG, electromyogram and nerve conduction studies (EMG/ NCV), intraoperative neurophysiological monitoring (IONM), long-term monitoring (LTM), and epilepsy monitoring unit (EMU) into one department. 2. Cross-training of technologists. 3. Policy and procedure development. 4. Strategic planning and relationship building. a. Partnering with local community college neurodiagnostic program. b. Building a per diem nurse (PRN)/float pool for coverage. c. Contracting for IONM services. Implementing these changes has resulted in many improvements within the department, such as an overall increase in procedure volumes, professional development and growth opportunities for staff and the availability of additional services for improved patient care.
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28 CFR 66.44 - Termination for convenience.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Termination for convenience. 66.44 Section 66.44 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) UNIFORM ADMINISTRATIVE... Reports, Records, Retention, and Enforcement § 66.44 Termination for convenience. Except as provided in...
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49 CFR 397.225 - Judicial review.
2010-10-01
... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 397.225 Section 397.225... MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.225 Judicial review. A party to a proceeding under § 397.205(a), § 397.213(a), or § 397.223(a) may seek review by the appropriate district...
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28 CFR 5.1101 - Copies of the Report of the Attorney General.
2010-07-01
... Attorney General. Copies of the Report of the Attorney General to the Congress on the Administration of the... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Copies of the Report of the Attorney General. 5.1101 Section 5.1101 Judicial Administration DEPARTMENT OF JUSTICE ADMINISTRATION AND...
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Anna Christina Zenkner; Natal dos Reis Carvalho Junior
2016-01-01
The theme of this paper deals with the increasing movement of judicialization of the right to health, characterized by the excess of judicial demands aiming at the obtaining of health treatments and medicines. A study was made on the right to health, its principles and health organization in Brazil in light of Law 8.080 / 90. It analyzed parameters for rationalization of the judicialization in the supply of medicines. He noted the need to adapt procedures and criteria, both administrative and...
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28 CFR 91.57 - Actions that normally require the preparation of an environmental impact statement.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Actions that normally require the preparation of an environmental impact statement. 91.57 Section 91.57 Judicial Administration DEPARTMENT OF... process. Environmental Review Procedures ...
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28 CFR 34.110 - Management of peer reviews.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Management of peer reviews. 34.110 Section 34.110 Judicial Administration DEPARTMENT OF JUSTICE OJJDP COMPETITION AND PEER REVIEW PROCEDURES... the peer review process. ...
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28 CFR 93.4 - Grant authority.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Grant authority. 93.4 Section 93.4 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROVISIONS IMPLEMENTING THE VIOLENT CRIME CONTROL... violent offenders, and (2) The integrated administration of other sanctions and services, which shall...
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28 CFR 74.3 - Eligibility determinations.
2010-07-01
... Residence” card with the Wartime Civil Control Administration; or (3) Individuals ordered by the Navy to... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Eligibility determinations. 74.3 Section 74.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CIVIL LIBERTIES ACT REDRESS PROVISION...
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28 CFR 0.29j - Law enforcement authority.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Law enforcement authority. 0.29j Section 0.29j Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 4-Office of the Inspector General § 0.29j Law enforcement authority. Subject to guidelines promulgated by the Attorney General, Special Agents of the Offic...
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Directory of Open Access Journals (Sweden)
Evelin Naked de Castro Sá
1985-10-01
Full Text Available O Manicômio Judiciário, por ser um hospital-presídio, pode estar subordinado tanto à Secretaria da Saúde como à Justiça. Como elementos de análise dessa decisão, são apresentadas comparações estruturais e de recursos humanos entre o Manicômio Judiciário e a Penitenciária de Araraquara, entre a situação de recursos humanos do Manicômio em 1981 e 1984 e entre os salários de algumas funções de servidores ligados àqueles tipos de instituições. As conclusões apontam a Secretaria da Justiça como a mais adequada para subordinar o Manicômio Judiciário, desde que tomadas algumas medidas de modernização organizacional. É sugerido um quadro de pessoal estruturado percentualmente por subgrupos de funções. As propostas relativas ao pessoal necessitam ser tratadas em leis complementares que garantam, por sua hierarquia, o atendimento das condições excepcionais de trabalho do Manicômio Judiciário.As the Manicômio Judiciário (a Judiciary Mental Health Hospital is a hospital-prison it could be subordinated either to the State Health Department or to the Department of Justice. In order to reach a sound decision regarding this issue, structural and human resource comparisons as between the Manicômio Judiciário on one side and the Araraquara Prison on the other are provided. Comparisons between the status of the human resources of the Manicômio Judiciário in 1981 and 1984 and between the wages earned by workers exercising similar functions and belonging to similar institutions are also presented. The conclusion points to the Department of Justice as the most adequate institution to which the Manicômio Judiciário should be subordinated, provided some up-to-date managerial measures are taken. A personnel chart is suggested, showing percentages of people organized according to subgroups of functions. The proposals regarding personnel must be dealt with by, supplementary laws which guarantee, adequate provision for the
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28 CFR 66.26 - Non-Federal audit.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Non-Federal audit. 66.26 Section 66.26 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post-Award Requirements Financial Administration § 66.26 Non-Federal audit. (a) Basic...
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The Judicial Domain in View: figures, trends and perspectives
M.A. Loth (Marc); E. Mak (Elaine)
2007-01-01
textabstractWhere will the Dutch judicial system be in 2015? One of us answered a similar type of question elsewhere with a sketch of two frightening scenarios.* In the first scenario the judicial system will have insufficiently adapted itself to its surroundings. The judicial system will become
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Judicial civil procedure dragging out in Kosovo
Directory of Open Access Journals (Sweden)
Rrustem Qehaja
2016-03-01
Full Text Available This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it also challenges the general principles related to human rights and freedoms sanctioned not only by the highest legal act of the country, but also with international treaties. The article tends to give a reflection to the most important reasons that effect and influence in these dragging outs of civil procedure, as well as, at the same time aims to give the necessary alternatives to pass through them by identifying dilemmas within the judicial practice. As a result, the motives of this scientific paper are exactly focused at the same time on identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial practice of the European Court of Human Rights on Article 6 of the European Convention on Human Rights, by which it is given the possibility to offering people efficient and within a reasonable time legal protection of their rights before national courts. For these reasons, the paper elaborates this issue based on both, the legal theory and judicial practice.
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Copyrights. 66.34 Section 66.34 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE... reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a...
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28 CFR 513.12 - Inmate request for record clarification.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Inmate request for record clarification. 513.12 Section 513.12 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE GENERAL MANAGEMENT AND ADMINISTRATION ACCESS TO RECORDS Production or Disclosure of FBI/NCIC Information § 513.12...
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28 CFR 16.10 - Preservation of records.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Preservation of records. 16.10 Section 16.10 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION... title 44 of the United States Code or the National Archives and Records Administration's General Records...
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28 CFR 16.48 - Preservation of records.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Preservation of records. 16.48 Section 16.48 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION... authorized by title 44 of the United States Code or the National Archives and Records Administration's...
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28 CFR 70.73 - Collection of amounts due.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Collection of amounts due. 70.73 Section 70.73 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) UNIFORM ADMINISTRATIVE REQUIREMENTS... OTHER NON-PROFIT ORGANIZATIONS After-the-Award Requirements § 70.73 Collection of amounts due. (a) Any...
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28 CFR 51.3 - Delegation of authority.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Delegation of authority. 51.3 Section 51.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED General Provisions § 51.3 Delegation of authority...
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28 CFR 34.108 - Selection of reviewers.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Selection of reviewers. 34.108 Section 34.108 Judicial Administration DEPARTMENT OF JUSTICE OJJDP COMPETITION AND PEER REVIEW PROCEDURES Peer... by the Administrator. The selection process for peer reviewers is detailed in the OJJDP “Peer Review...
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28 CFR 513.10 - Purpose and scope.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose and scope. 513.10 Section 513.10 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE GENERAL MANAGEMENT AND ADMINISTRATION ACCESS TO RECORDS Production or Disclosure of FBI/NCIC Information § 513.10 Purpose and scope. This...
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28 CFR 16.52 - Contracts for the operation of record systems.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Contracts for the operation of record systems. 16.52 Section 16.52 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF... Administration to ensure compliance with the requirements of the Privacy Act for that record system. The...
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28 CFR 513.11 - Procedures for requesting a FBI identification record or a NCIC/III record.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Procedures for requesting a FBI identification record or a NCIC/III record. 513.11 Section 513.11 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE GENERAL MANAGEMENT AND ADMINISTRATION ACCESS TO RECORDS Production or Disclosure of FBI...
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28 CFR 51.6 - Political subunits.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Political subunits. 51.6 Section 51.6 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED General Provisions § 51.6 Political subunits. All political...
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2010-02-23
... response to workplace violence, analyzes data as needed, and provides training. Additionally, DHS is... 1974; Department of Homeland Security Transportation Security Administration--023 Workplace Violence... Security Administration--023 Workplace Violence Prevention Program System of Records.'' This system will...
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Data driven information system for supervision of judicial open
Directory of Open Access Journals (Sweden)
Ming LI
2016-08-01
Full Text Available Aiming at the four outstanding problems of informationized supervision for judicial publicity, the judicial public data is classified based on data driven to form the finally valuable data. Then, the functional structure, technical structure and business structure of the data processing system are put forward, including data collection module, data reduction module, data analysis module, data application module and data security module, etc. The development of the data processing system based on these structures can effectively reduce work intensity of judicial open iformation management, summarize the work state, find the problems, and promote the level of judicial publicity.
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[The judicialization of health in the Federal District of Brazil].
Diniz, Debora; Machado, Teresa Robichez de Carvalho; Penalva, Janaina
2014-02-01
This paper seeks to analyze the Judiciary's approach with respect to demands for the judicialization of the right to health by means of a case study of civil lawsuits for access to health care in Brazil's Federal District. Judicialization of the right to health signifies the judicialization of various of the health services provided. This is a descriptive and exploratory case study that covers the Federal District and uses mixed techniques to gather and analyze data. This study analyzed 385 lawsuits (87% of the total number of cases of judicialization of health for the period from 2005 to 2010 that reached the Appellate court). The results indicate that the most judicialized service is access to intensive care unit, followed by drugs and health care. Almost all lawsuits are filed by public defenders, with medical prescriptions and recommendations from the public health service. The results of this study challenge some dominant themes in the national debate, particularly the claim that judicialization is a phenomenon of the elites and that the services judicialized are drugs. The study does not seek to make generalizations, but highlights the fact that the phenomenon of judicialization of health has different aspects encompassed under the same concept.
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Individual. 83.655 Section 83.655 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) GOVERNMENT-WIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) Definitions § 83.655 Individual. Individual means a natural person. ...
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28 CFR 51.55 - Consistency with constitutional and statutory requirements.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Consistency with constitutional and statutory requirements. 51.55 Section 51.55 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED... the Attorney General § 51.55 Consistency with constitutional and statutory requirements. (a...
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28 CFR 17.26 - Derivative classification.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Derivative classification. 17.26 Section 17.26 Judicial Administration DEPARTMENT OF JUSTICE CLASSIFIED NATIONAL SECURITY INFORMATION AND ACCESS TO CLASSIFIED INFORMATION Classified Information § 17.26 Derivative classification. (a) Persons...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Scope of part. 32.0 Section 32.0 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE...) Educational assistance benefits. [73 FR 76528, Dec. 17, 2008] ...
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2010-07-01
... Assistant Attorney General for Administration shall cause notice to be published in the Federal Register... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Public notice. 48.6 Section 48.6 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) NEWSPAPER PRESERVATION ACT § 48.6 Public notice. (a) Upon the...
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28 CFR 11.7 - Salary adjustments.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Salary adjustments. 11.7 Section 11.7 Judicial Administration DEPARTMENT OF JUSTICE DEBT COLLECTION Administration of Debt Collection § 11.7 Salary adjustments. The following debts shall not be subject to the salary offset procedures of § 11.8...
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Access to treatment for phenylketonuria by judicial means in Rio Grande do Sul, Brazil
Directory of Open Access Journals (Sweden)
Luciano Mangueira Trevisan
2015-05-01
Full Text Available Treatment of phenylketonuria (PKU includes the use of a metabolic formula which should be provided free of charge by the Unified Health System (SUS. This retrospective, observational study sought to characterize judicial channels to obtain PKU treatment in Rio Grande do Sul (RS, Brazil. Lawsuits filed between 2001- 2010 and having as beneficiaries PKU patients requesting treatment for the disease were included. Of 20 lawsuits filed, corresponding to 16.8% of RS patients with PKU, 19 were retrieved for analysis. Of these, only two sought to obtain therapies other than metabolic formula. In all the other 17 cases, prior treatment requests had been granted by the State Department of Health. Defendants included the State (n = 19, the Union (n = 1, and municipalities (n = 4. In 18/19 cases, the courts ruled in favor of the plaintiffs. Violation of the right to health and discontinuation of State-provided treatment were the main reasons for judicial recourse. Unlike other genetic diseases, patients with PKU seek legal remedy to obtain a product already covered by the national pharmaceutical assistance policy, suggesting that management failures are a driving factor for judicialization in Brazil.
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Negotiations. 552.31 Section 552.31 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT CUSTODY Hostage... negotiation process. Instead, this responsibility is ordinarily assigned to a team of individuals specifically...
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2010-07-01
... examination, to any books, documents, and records of recipients of Federal law enforcement assistance provided... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Recordkeeping. 65.51 Section 65.51 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE...
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28 CFR 540.103 - Inmate telephone calls to attorneys.
2010-07-01
... attorneys when the inmate demonstrates that communication with attorneys by correspondence, visiting, or... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Inmate telephone calls to attorneys. 540.103 Section 540.103 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Application. 54.200 Section 54.200 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE Coverage § 54.200 Application...
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28 CFR 29.5 - Notification of law enforcement officials.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Notification of law enforcement officials. 29.5 Section 29.5 Judicial Administration DEPARTMENT OF JUSTICE MOTOR VEHICLE THEFT PREVENTION ACT... program and with the conditions under which motor vehicles may be stopped. ...
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28 CFR 42.734 - Alternative funding.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Alternative funding. 42.734 Section 42.734 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY...; Implementation of the Age Discrimination Act of 1975 Compliance Procedures § 42.734 Alternative funding. When...
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28 CFR 26.23 - Certification process.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Certification process. 26.23 Section 26.23 Judicial Administration DEPARTMENT OF JUSTICE DEATH SENTENCES PROCEDURES Certification Process for... mechanism for providing legal representation to indigent prisoners in state postconviction proceedings in...
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28 CFR 301.304 - Representation of claimant.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Representation of claimant. 301.304 Section 301.304 Judicial Administration FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE INMATE ACCIDENT COMPENSATION Compensation for Work-Related Physical Impairment or Death § 301.304 Representation...
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28 CFR 54.225 - Educational institutions eligible to submit transition plans.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Educational institutions eligible to submit transition plans. 54.225 Section 54.225 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED... Coverage § 54.225 Educational institutions eligible to submit transition plans. (a) Application. This...
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28 CFR 524.73 - Classification procedures.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Classification procedures. 524.73 Section 524.73 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION, CLASSIFICATION, AND TRANSFER CLASSIFICATION OF INMATES Central Inmate Monitoring (CIM) System § 524.73...
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Emergency Department Crowding and Time to Antibiotic Administration in Febrile Infants
Directory of Open Access Journals (Sweden)
Jennifer K Light
2013-09-01
Full Text Available Introduction: Early antibiotic administration is recommended in newborns presenting with febrile illness to emergency departments (ED to avert the sequelae of serious bacterial infection. Although ED crowding has been associated with delays in antibiotic administration in a dedicated pediatric ED, the majority of children that receive emergency medical care in the U.S. present to EDs that treat both adult and pediatric emergencies. The purpose of this study was to examine the relationship between time to antibiotic administration in febrile newborns and crowding in a general ED serving both an adult and pediatric population.Methods: We conducted a retrospective chart review of 159 newborns presenting to a general ED between 2005 and 2011 and analyzed the association between time to antibiotic administration and ED occupancy rate at the time of, prior to, and following infant presentation to the ED.Results: We observed delayed and variable time to antibiotic administration and found no association between time to antibiotic administration and occupancy rate prior to, at the time of, or following infant presentation (P > 0.05. ED time to antibiotic administration was not associated with hospital length of stay, and there was no inpatient mortality.Conclusion: Delayed and highly variable time to antibiotic treatment in febrile newborns was common but unrelated to ED crowding in the general ED study site. Guidelines for time to antibiotic administration in this population may reduce variability in ED practice patterns. [West J Emerg Med. 2013;14(5:518-524.
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28 CFR 513.20 - Release of information to law enforcement agencies.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Release of information to law enforcement agencies. 513.20 Section 513.20 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE GENERAL MANAGEMENT AND ADMINISTRATION ACCESS TO RECORDS Release of Information to Law Enforcement Agencies § 513.20 Release of information to law...
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28 CFR 549.60 - Purpose and scope.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose and scope. 549.60 Section 549.60 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MEDICAL SERVICES Hunger Strikes, Inmate § 549.60 Purpose and scope. The Bureau of Prisons provides guidelines for the medical and administrative management of...
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Directory of Open Access Journals (Sweden)
Daniel Polignano Godoy
2015-12-01
Full Text Available El presente artículo, a fin de contribuir a los estudios sobre la política judicial, la gestión y la administración de la justicia en Brasil, ofrece una visión general de algunos aspectos relevantes de la organización del Poder Judicial español a saber, la selección y formación de los magistrados, la reforma de la secretaria judicial y la figura del secretario judicial, que son temas de interés actual en vista de las similitudes socio-culturales y jurídicas, y la coincidencia entre los problemas que enfrentan los poderes judiciales de Brasil y España. Aunque no contenga una sugestión de "importación" de soluciones acríticas extranjeras, propone una profundización del estudio de estos puntos, con el fin de evaluar los posibles impactos positivos que tuvieron en el caso español y verificar si no serían medidas interesantes a aplicarse en el escenario brasileño, especialmente en el caso de la secretaria judicial, cuya función consiste en aliviar el juez de la gestión de la unidad administrativa y de trabajos "burocráticos", para centrarse en la función judicial, al mismo tiempo en que permitiría la centralización y la especialización de la gestión y del trabajo administrativo.
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Directory of Open Access Journals (Sweden)
Gar Yein Ng
2014-12-01
Full Text Available This commentary examines the contribution in this edition by Roach Anleu & Mack, based on arguments that reducing judicial performance evaluation (ergo any professional performance to that which is easily measurable removes the human aspect of that performance, and is therefore less accurate. Here, “measurable” is meant as focusing only on the “outward performance”, “interaction with stakeholders” and how judges perform in relation to numbers of cases. Compared to such organisational standards, judicial codes of ethics or other written codes reflect the more traditional values of the judiciary, such as independence and impartiality. This can be seen e.g. in the experiences of the Organisation for Security and Cooperation in Europe in supporting the use of judicial performance standards. The argument in the paper, supported by this commentator, is that such exercises are superficial and more depth is needed to capture the entirety of the judicial experience using the model presented. Este comentario analiza el artículo de Roach Anleu y Mack en este número, en base a los argumentos de que limitar la evaluación del rendimiento judicial (ergo cualquier rendimiento profesional a lo que es fácilmente medible elimina el aspecto humano de ese rendimiento, y es por lo tanto menos preciso. Aquí, por “medible” se entiende lo que está centrado únicamente en el “rendimiento exterior”, la “interacción con los interesados” y el rendimiento de los jueces en relación con el número de casos. En comparación con estas normas de organización, los códigos judiciales de ética u otros códigos escritos reflejan los valores más tradicionales de la judicatura, como la independencia o imparcialidad. Esto puede verse, por ejemplo, en las experiencias de la Organización para la Seguridad y la Cooperación en Europa en apoyar el uso de las normas de rendimiento judicial. El argumento del artículo, apoyado por esta autora, es que estos
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28 CFR 524.42 - Content of progress reports.
2010-07-01
... mental health, including any significant mental or physical health problems, and any corrective action... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Content of progress reports. 524.42 Section 524.42 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION...
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28 CFR 75.8 - Location of the statement.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Location of the statement. 75.8 Section 75.8 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CHILD PROTECTION RESTORATION AND... computer site or service or Web address containing a digitally- or computer-manipulated image, digital...
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28 CFR 20.34 - Individual's right to access criminal history record information.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Individual's right to access criminal history record information. 20.34 Section 20.34 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL... Individual's right to access criminal history record information. The procedures by which an individual may...
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28 CFR 55.23 - Enforcement by the Attorney General.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Enforcement by the Attorney General. 55.23 Section 55.23 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) IMPLEMENTATION OF THE... Attorney General. (a) The Attorney General is authorized to bring civil actions for appropriate relief...
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28 CFR 51.62 - Enforcement by the Attorney General.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Enforcement by the Attorney General. 51.62 Section 51.62 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE... Attorney General. (a) The Attorney General is authorized to bring civil actions for appropriate relief...
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28 CFR 91.53 - Other guidance.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Other guidance. 91.53 Section 91.53 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) GRANTS FOR CORRECTIONAL FACILITIES Environmental... Justice has also published NEPA procedures that incorporate the CEQ regulations at 28 CFR part 61...
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28 CFR 541.23 - Protection cases.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Protection cases. 541.23 Section 541.23 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT INMATE DISCIPLINE... present documentary evidence, to request witnesses, to be present throughout the hearing, and advance...
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28 CFR 91.60 - Grantee's responsibilities.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Grantee's responsibilities. 91.60 Section 91.60 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) GRANTS FOR CORRECTIONAL FACILITIES...'s responsibilities. Specific duties. As part of its role in the NEPA process, the grantee agency...
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28 CFR 35.161 - Telecommunication devices for the deaf (TDD's).
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Telecommunication devices for the deaf (TDD's). 35.161 Section 35.161 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION ON THE... devices for the deaf (TDD's). Where a public entity communicates by telephone with applicants and...
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28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal Justice Information Services Advisory Policy Board. 20.35 Section 20.35 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE..., concept, and operational principles of various criminal justice information systems managed by the FBI's...
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28 CFR 301.106 - Repetitious accidents.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Repetitious accidents. 301.106 Section 301.106 Judicial Administration FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE INMATE ACCIDENT COMPENSATION General § 301.106 Repetitious accidents. If an inmate worker is involved in successive accidents...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Application. 42.701 Section 42.701 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND... of the Age Discrimination Act of 1975 General Provisions § 42.701 Application. (a) This subpart...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Application. 42.502 Section 42.502 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND... Section 504 of the Rehabilitation Act of 1973 General Provisions § 42.502 Application. This subpart...
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28 CFR 42.405 - Public dissemination of title VI information.
2010-07-01
... Federally Assisted Programs § 42.405 Public dissemination of title VI information. (a) Federal agencies... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Public dissemination of title VI information. 42.405 Section 42.405 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL...
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28 CFR 20.33 - Dissemination of criminal history record information.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Dissemination of criminal history record information. 20.33 Section 20.33 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE INFORMATION SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.33 Dissemination of...
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28 CFR 571.12 - General characteristics.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false General characteristics. 571.12 Section 571.12 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE COMMUNITY PROGRAMS AND RELEASE RELEASE FROM CUSTODY Release Preparation Program § 571.12 General characteristics. (a) Staff shall...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Recruitment. 345.31 Section 345.31 Judicial Administration FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS Recruitment and Hiring Practices § 345.31 Recruitment. Inmate workers for...
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28 CFR 75.3 - Categorization of records.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Categorization of records. 75.3 Section 75.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CHILD PROTECTION RESTORATION AND...; RECORDKEEPING AND RECORD-INSPECTION PROVISIONS § 75.3 Categorization of records. Records required to be...
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28 CFR 16.32 - Procedure to obtain an identification record.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Procedure to obtain an identification record. 16.32 Section 16.32 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Production of FBI Identification Records in Response to Written Requests by...
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28 CFR 16.205 - Closed meetings-Informal procedures.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Closed meetings-Informal procedures. 16.205 Section 16.205 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Public Observation of Parole Commission Meetings § 16.205 Closed meetings—Informal...
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28 CFR 16.33 - Fee for production of identification record.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Fee for production of identification record. 16.33 Section 16.33 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Production of FBI Identification Records in Response to Written Requests by...
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28 CFR 16.31 - Definition of identification record.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Definition of identification record. 16.31 Section 16.31 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Production of FBI Identification Records in Response to Written Requests by Subjects...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false General prohibition of production or... Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Production or Disclosure in Federal and State Proceedings § 16.22 General prohibition of production or...
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28 CFR 544.30 - Purpose and scope.
2010-07-01
... use of leisure time and offers movies, games, sports, social activities, arts and hobbycrafts... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose and scope. 544.30 Section 544.30 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT EDUCATION Inmate...
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28 CFR 23.30 - Funding guidelines.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Funding guidelines. 23.30 Section 23.30 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES § 23.30 Funding guidelines. The following funding guidelines shall apply to all Crime Control Act funded...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Definitions. 551.151 Section 551.151 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MISCELLANEOUS... generally defined as someone who suffers direct or threatened physical, emotional, or financial harm as the...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Determination of presumed noneconomic losses for claimants who suffered physical harm. 104.46 Section 104.46 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001 Amount of Compensation for...
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28 CFR 54.210 - Military and merchant marine educational institutions.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Military and merchant marine educational institutions. 54.210 Section 54.210 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) NONDISCRIMINATION... Coverage § 54.210 Military and merchant marine educational institutions. These Title IX regulations do not...
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28 CFR 523.34 - How can I challenge DCEGT award decisions?
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false How can I challenge DCEGT award decisions? 523.34 Section 523.34 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION, CLASSIFICATION, AND TRANSFER COMPUTATION OF SENTENCE District of Columbia Educational Good Time...
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28 CFR 32.35 - Disqualification.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Disqualification. 32.35 Section 32.35 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Educational Assistance Benefit Claims § 32.35 Disqualification. No claim shall be...
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28 CFR 32.37 - Request for Hearing Officer determination.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Request for Hearing Officer determination. 32.37 Section 32.37 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Educational Assistance Benefit Claims § 32.37 Request...
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28 CFR 32.34 - PSOB Office determination.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false PSOB Office determination. 32.34 Section 32.34 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Educational Assistance Benefit Claims § 32.34 PSOB Office determination...
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28 CFR 523.30 - What is educational good time sentence credit?
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false What is educational good time sentence credit? 523.30 Section 523.30 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION, CLASSIFICATION, AND TRANSFER COMPUTATION OF SENTENCE District of Columbia Educational Good Time...
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28 CFR 544.73 - Program participation.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Program participation. 544.73 Section 544.73 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT EDUCATION Literacy Program § 544.73 Program participation. (a) The Warden or designee shall assign to an...
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2013-07-01
... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ13-10-000] United States Department of Energy; Bonneville Power Administration; Notice of Petition for Declaratory Order Take notice... (OATT) and a Petition for Declaratory Order requesting the Commission find that Bonneville's OATT, as...
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Italian Microhistory, anthropology and judicial archives
Directory of Open Access Journals (Sweden)
Eulalia Hernández Ciro
2016-01-01
Full Text Available From the interceptions between the Italian microhistory and anthropology, this article aims to provide a central debate of contemporary historiography account of popular culture and subaltern classes from the intensive and exhaustive judicial proceedings. To do this, some of the impacts of anthropology will be addressed in the historical work, as the appearance and questioning notion of popular culture, the ethnographic value of court files and finally, some possibilities in the case of Judicial Historical Archive of Medellin.
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Explaining judicial corruption in the courts of Chile, Peru and Ecuador
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Santiago Basabe-Serrano
2013-07-01
Full Text Available This article identifies the main variables that explain judicial corruption in Chile, Peru, and Ecuador. Improving the current methodological strategies used to measure judicial corruption and incorporating endogenous and exogenous variables in the model, this article argues that legal training of the judges, respect for the judicial career, and the fragmentation of political power explain different degrees of judicial corruption. Through a comparative diachronic and synchronic research design of Chile, Peru and Ecuador, the article shows institutional designs with more legal steps will be more inclined to illegal payments or other types of judicial corruption.
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[Mistakes and omissions in judicial reports prepared in emergency services].
Turla, Ahmet; Aydin, Berna; Sataloğlu, Neva
2009-03-01
We aimed in this study to determine any mistakes or omissions made while preparing judicial reports, which contribute to the judicial process. In this study, we evaluated as samples 351 judicial reports of victims who applied to the Emergency Service of Ondokuz Mayis University between January 1, 2005 and December 31, 2005 with respect to the judicial facts, and we recorded any mistakes or omissions of data in these reports. We determined that there was no record of age in 6% of the judicial reports, of examination time in 71.8%, of traumatic lesion or not in 30.5%, of the state of consciousness in 58.7%, and of the presence or not of life-threatening risks in 2.6%. The name of the physician who prepared the report was not provided in 8.0% of the reports. The most important omission is that none of the reports had the name, surname or signature of the person who had taken the prepared report. We concluded that, after graduation, it is necessary for physicians, who are responsible for both treating the patients and writing judicial reports, to attend in-service training programs. They must also be properly advised regarding their responsibilities in judicial cases.
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The judicialization of territorial politics in Brazil, Colombia and Spain
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Helder Ferreira do Vale
2013-08-01
Full Text Available This article explains how judicial review influences intergovernmental political dynamics in Brazil, Colombia and Spain. The argument is developed in light of two questions: how supreme courts have established themselves as pivotal institutions for settling vertical intergovernmental disputes, and how national and subnational politicians use judicial review in order to enhance their own interests. A comparison between the judicial review processes in federal Brazil, quasi-federal Spain, and unitary Colombia provides an answer to these questions. Accounting for the differences in the territorial organization and systems of government among these countries, the article assesses the patterns of judicial review originating from the subnational level. Findings suggest that courts affect the interaction between national and subnational politicians in the three country-cases, but through different patterns of judicialization of territorial politics.
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Court’s Precious Time: Transparency, Honor and Judicial Scarce Resources
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Boaz Shnoor
2017-12-01
Full Text Available While many judicial systems in the Western World are coping with a shortage of judges, the public is not always aware of the overload and its reasons. Our claim is that the reason for this, is the fact that the judicial system preferred to preserve an ideal image of the judiciary and control all information about it, rather than to publicize the judicial overload problem. In this paper, we aim to show that until recently, the issue of “judicial overload” was hidden from the public eye. We deal with the importance and advantageous of presenting the relevant facts to the public. We shall empirically show, that the judicial system has begun to legitimize the exposure of judicial overload to the public.Si bien es cierto que muchos sistemas judiciales del mundo occidental están lidiando con la escasez de jueces, también lo es que el público no siempre es consciente de la sobrecarga de trabajo y de sus razones. Nosotros afirmamos que la razón de ello es que el sistema judicial ha preferido preservar una imagen ideal de la judicatura y controlar toda la información acerca de ella antes que hacer público el problema de la sobrecarga de trabajo de los jueces. En este artículo, pretendemos mostrar que, hasta hace poco, la cuestión de la "sobrecarga de los jueces" ha permanecido oculta a ojos del público. Tratamos el tema de la importancia y la ventaja que supone presentar los hechos relevantes al público, y demostraremos empíricamente que el sistema judicial ha comenzado a aprobar la exposición de la sobrecarga judicial al público. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=3039584
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Directory of Open Access Journals (Sweden)
Têmis Limberger
2017-04-01
Full Text Available The proposed study is based on the jurisdictional action of the Courts when adopting positions that go against the current legislation and even the Constitutional text, making use of premises of the neoconstitutional doctrine, which deals with the concrete application of the Federal Constitution, in order to demonstrate the use of these parameters as basis or foundation for judicial decisions of activist nature, and specifically to point out the effects of the judgments of this nature. The insecurity caused by the res judicata that adopt the practices worked in this doctrine, denying what is in the Law and in the Constitution, justify the relevance of the research, which faces these problems in the light of Contemporary Juridical Hermeneutics. The research method was the bibliographic survey and the study of judicial decisions, with emphasis on TSE and STF. Thus, in general, the objective is to make it clear that in these cases there is a misconception of the Judiciary in the form of interpreting and deciding, and it specifically points out that the decisions of the Electoral Courts reach out as an instrument of judicial activism, which is strengthened by the Neoconstitutional doctrine.
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28 CFR 302.1 - Public and private sector comment procedures.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Public and private sector comment procedures. 302.1 Section 302.1 Judicial Administration FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE COMMENTS ON UNICOR BUSINESS OPERATIONS § 302.1 Public and private sector comment procedures. (a...
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28 CFR 551.108 - Performance pay.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Performance pay. 551.108 Section 551.108 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MISCELLANEOUS Pretrial Inmates § 551.108 Performance pay. The Warden may approve a pretrial inmate for performance pay...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Purpose. 23.1 Section 23.1 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES § 23.1 Purpose. The purpose...-647), are utilized in conformance with the privacy and constitutional rights of individuals. ...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Introduction. 59.1 Section 59.1 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) GUIDELINES ON METHODS OF OBTAINING DOCUMENTARY MATERIALS HELD BY THIRD PARTIES § 59.1 Introduction. (a) A search for documentary materials necessarily involves...
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28 CFR 91.59 - OJP's responsibilities.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false OJP's responsibilities. 91.59 Section 91.59 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) GRANTS FOR CORRECTIONAL FACILITIES... be required. (b) Specific duties. As part of its role in the NEPA process, OJP shall: (1) Issue...
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28 CFR 105.27 - Miscellaneous provisions.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Miscellaneous provisions. 105.27 Section 105.27 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY BACKGROUND CHECKS... has elected to opt out; or (ii) A participating State that has not yet established a process for...
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28 CFR 90.54 - Allocation of funds.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Allocation of funds. 90.54 Section 90.54 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN Indian Tribal Governments... number of awards. The selection process will be sensitive to the differences among tribal governments and...
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28 CFR 549.70 - Purpose and scope.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose and scope. 549.70 Section 549.70 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MEDICAL SERVICES...) Are found responsible through the Disciplinary Hearing Process to have injured an inmate who, as a...
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28 CFR 49.2 - Duties of custodian.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Duties of custodian. 49.2 Section 49.2 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) ANTITRUST CIVIL PROCESS ACT § 49.2 Duties of custodian. (a) Upon taking physical possession of documentary material, answers to interrogatories, or...
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28 CFR 15.2 - Expeditious delivery of process and pleadings.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Expeditious delivery of process and pleadings. 15.2 Section 15.2 Judicial Administration DEPARTMENT OF JUSTICE CERTIFICATION AND DECERTIFICATION... § 15.2 Expeditious delivery of process and pleadings. (a) Any Federal employee against whom a civil...
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28 CFR 100.21 - Alternative dispute resolution.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Alternative dispute resolution. 100.21 Section 100.21 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) COST RECOVERY REGULATIONS... carrier agree to mediation, the costs of that mediation process shall be shared equally by the FBI and the...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose. 524.10 Section 524.10 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION, CLASSIFICATION, AND TRANSFER... subpart is to explain the Bureau of Prisons (Bureau) process for classifying newly committed inmates and...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false How to apply. 33.103 Section 33.103 Judicial Administration DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Bulletproof Vest... the process to follow in applying to the program for grants of armor vests. ...
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28 CFR 301.104 - Medical attention.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Medical attention. 301.104 Section 301.104 Judicial Administration FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE INMATE ACCIDENT COMPENSATION General § 301.104 Medical attention. Whenever an inmate worker is injured while in the performance...
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28 CFR 8.8 - Advertisement and declaration of forfeiture.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Advertisement and declaration of forfeiture. 8.8 Section 8.8 Judicial Administration DEPARTMENT OF JUSTICE FBI FORFEITURE AUTHORITY FOR CERTAIN STATUTES § 8.8 Advertisement and declaration of forfeiture. (a) The notice required by customs...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Application. 41.2 Section 41.2 Judicial Administration DEPARTMENT OF JUSTICE IMPLEMENTATION OF EXECUTIVE ORDER 12250, NONDISCRIMINATION ON THE BASIS OF HANDICAP IN FEDERALLY ASSISTED PROGRAMS Federal Agency Responsibilities § 41.2 Application. This part...
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28 CFR 71.41 - Stay pending appeal.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Stay pending appeal. 71.41 Section 71.41 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) IMPLEMENTATION OF THE PROVISIONS OF THE PROGRAM....41 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a...
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28 CFR 28.12 - Collection of DNA samples.
2010-07-01
... Homeland Security, collecting DNA samples from: (1) Aliens lawfully in, or being processed for lawful... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Collection of DNA samples. 28.12 Section 28.12 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION SYSTEM DNA Sample Collection...
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28 CFR 83.635 - Drug-free workplace.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Drug-free workplace. 83.635 Section 83.635 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) GOVERNMENT-WIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS) Definitions § 83.635 Drug-free workplace. Drug-free workplace means a site for...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Housing. 551.104 Section 551.104 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MISCELLANEOUS Pretrial Inmates § 551.104 Housing. To the extent practicable, pretrial inmates will be housed separately from convicted...
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28 CFR 42.414 - Federal agency staff.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Federal agency staff. 42.414 Section 42.414 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY... § 42.414 Federal agency staff. Sufficient personnel shall be assigned by a federal agency to its title...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Definitions. 71.2 Section 71.2 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) IMPLEMENTATION OF THE PROVISIONS OF THE PROGRAM FRAUD CIVIL..., certification, affirmation, document, record, or accounting or bookkeeping entry made: (a) With respect to a...
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28 CFR 16.208 - Annual report.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Annual report. 16.208 Section 16.208 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Public Observation of Parole Commission Meetings § 16.208 Annual report. The Commission shall report annually to...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Considerations in determining whether production or disclosure should be made pursuant to a demand. 16.26 Section 16.26 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Production or Disclosure in Federal...
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28 CFR 16.2 - Public reading rooms.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Public reading rooms. 16.2 Section 16.2 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION... Relations Service—in Suite 2000, 600 E Street, NW., Washington, DC; (4) Drug Enforcement Administration—in...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Procedures. 527.31 Section 527.31 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION, CLASSIFICATION, AND TRANSFER TRANSFERS Transfer of Inmates to State Agents for Production on State Writs § 527.31 Procedures...
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28 CFR 16.204 - Public notice.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Public notice. 16.204 Section 16.204 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Public Observation of Parole Commission Meetings § 16.204 Public notice. (a) Requirements. Every open meeting and...
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28 CFR 16.76 - Exemption of Justice Management Division.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Justice Management Division. 16.76 Section 16.76 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Exemption of Records Systems Under the Privacy Act § 16.76 Exemption of Justice...
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28 CFR 16.74 - Exemption of National Security Division Systems-limited access.
2010-07-01
... National Security Division Systems—limited access. (a) The following system of records is exempted from... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of National Security Division Systems-limited access. 16.74 Section 16.74 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR...
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28 CFR 104.32 - Eligibility review.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Eligibility review. 104.32 Section 104.32 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001 Claim Intake, Assistance, and Review Procedures § 104.32 Eligibility review. Any claimant deemed...
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28 CFR 90.15 - Filing costs for criminal charges.
2010-07-01
... with the filing of criminal charges against the domestic violence offender, or the costs associated... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Filing costs for criminal charges. 90.15 Section 90.15 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN The STOP...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Evaluation. 90.58 Section 90.58 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) VIOLENCE AGAINST WOMEN Indian Tribal Governments Discretionary Program § 90.58 Evaluation. The National Institute of Justice will conduct an evaluation of these programs. ...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Pregnancy. 551.22 Section 551.22 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MISCELLANEOUS Birth Control, Pregnancy, Child Placement, and Abortion § 551.22 Pregnancy. (a) The Warden shall ensure that each pregnant...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Purpose. 26.20 Section 26.20 Judicial Administration DEPARTMENT OF JUSTICE DEATH SENTENCES PROCEDURES Certification Process for State Capital Counsel... Attorney General to certify whether a state has a mechanism for providing legal representation to indigent...
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28 CFR 104.44 - Determination of presumed noneconomic losses for decedents.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Determination of presumed noneconomic losses for decedents. 104.44 Section 104.44 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001 Amount of Compensation for Eligible Claimants. § 104.44...
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28 CFR 42.714 - Special benefits.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Special benefits. 42.714 Section 42.714 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL EMPLOYMENT OPPORTUNITY; POLICIES AND... benefits. If a recipient operating a program or activity provides special benefits to the elderly or to...
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28 CFR 32.31 - Scope of subpart.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Scope of subpart. 32.31 Section 32.31 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Educational Assistance Benefit Claims § 32.31 Scope of subpart. Consistent with...
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28 CFR 32.32 - Time for filing claim.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Time for filing claim. 32.32 Section 32.32 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Educational Assistance Benefit Claims § 32.32 Time for filing claim. (a...
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28 CFR 523.31 - Who is eligible for DCEGT?
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Who is eligible for DCEGT? 523.31 Section 523.31 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION, CLASSIFICATION, AND TRANSFER COMPUTATION OF SENTENCE District of Columbia Educational Good Time Credit § 523.31...
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28 CFR 65.41 - Review of State applications.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Review of State applications. 65.41 Section 65.41 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) EMERGENCY FEDERAL LAW ENFORCEMENT.... The Act provides the basis for review and approval or disapproval of state applications. Federal law...
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28 CFR 73.5 - Termination of notification.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Termination of notification. 73.5 Section 73.5 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) NOTIFICATIONS TO THE ATTORNEY GENERAL BY AGENTS OF FOREIGN GOVERNMENTS § 73.5 Termination of notification. (a) An agent shall, within 30...
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28 CFR 73.4 - Partial compliance not deemed compliance.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Partial compliance not deemed compliance. 73.4 Section 73.4 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) NOTIFICATIONS TO THE ATTORNEY GENERAL BY AGENTS OF FOREIGN GOVERNMENTS § 73.4 Partial compliance not deemed compliance. The fact...
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28 CFR 345.73 - Procedures for granting awards for suggestions or inventions.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Procedures for granting awards for suggestions or inventions. 345.73 Section 345.73 Judicial Administration FEDERAL PRISON INDUSTRIES, INC., DEPARTMENT OF JUSTICE FEDERAL PRISON INDUSTRIES (FPI) INMATE WORK PROGRAMS Awards Program § 345.73 Procedures...
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28 CFR 20.36 - Participation in the Interstate Identification Index System.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Participation in the Interstate Identification Index System. 20.36 Section 20.36 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL JUSTICE... in the Interstate Identification Index System. (a) In order to acquire and retain direct access to...
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Judicial police, functions and its development in Albania
Directory of Open Access Journals (Sweden)
Asllan Dogjani
2016-03-01
Full Text Available This article aims at a consistent search of the opinions about the judicial police as one of the subjects, contained in the Albanian criminal procedural law. In article 30 of the Albanian Criminal Procedure Code, are sanctioned the functions, division, addiction and judicial police duties. In the initial phase, the preliminary investigations are the basis of criminal proceedings. This phase includes evidences that cannot be replicated, the security measures are set, it is performed the notice of suit and necessary datas are collected. Searching, tracking, capture and bringing before trial of the perpetrators is considered as one of the oldest activities of human being. The need to ensure these regulations and the aim to prevent the consequences of any criminal activity has forced societies and different states to establish special investigative bodies (investigation and to determine by time their rights and obligations. So judicial police organs were provided and charged with competences and legal responsibility for the detection, crime preventions and research, capturing and bringing before the court, individuals or groups who commit criminal activities. From a comparative overview of legislation of the judicial police in several countries around the world, it is shown that there is no extreme change in structures and organizational patterns of these bodies, missions, powers and responsibilities they exercise (Elezi, 1997, 13. Judicial police in Albania has also been and is one of the important subjects of the criminal proceedings. In the historical perspective these bodies have had mixed origins and nature, and in different times they were military or civilian institutions. In this context, main purpose of this paper is the analysis of judicial police in
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Yu, Amy Y X; Quan, Hude; McRae, Andrew; Wagner, Gabrielle O; Hill, Michael D; Coutts, Shelagh B
2017-09-18
Validation of administrative data case definitions is key for accurate passive surveillance of disease. Transient ischemic attack (TIA) is a condition primarily managed in the emergency department. However, prior validation studies have focused on data after inpatient hospitalization. We aimed to determine the validity of the Canadian 10th International Classification of Diseases (ICD-10-CA) codes for TIA in the national ambulatory administrative database. We performed a diagnostic accuracy study of four ICD-10-CA case definition algorithms for TIA in the emergency department setting. The study population was obtained from two ongoing studies on the diagnosis of TIA and minor stroke versus stroke mimic using serum biomarkers and neuroimaging. Two reference standards were used 1) the emergency department clinical diagnosis determined by chart abstractors and 2) the 90-day final diagnosis, both obtained by stroke neurologists, to calculate the sensitivity, specificity, positive and negative predictive values (PPV and NPV) of the ICD-10-CA algorithms for TIA. Among 417 patients, emergency department adjudication showed 163 (39.1%) TIA, 155 (37.2%) ischemic strokes, and 99 (23.7%) stroke mimics. The most restrictive algorithm, defined as a TIA code in the main position had the lowest sensitivity (36.8%), but highest specificity (92.5%) and PPV (76.0%). The most inclusive algorithm, defined as a TIA code in any position with and without query prefix had the highest sensitivity (63.8%), but lowest specificity (81.5%) and PPV (68.9%). Sensitivity, specificity, PPV, and NPV were overall lower when using the 90-day diagnosis as reference standard. Emergency department administrative data reflect diagnosis of suspected TIA with high specificity, but underestimate the burden of disease. Future studies are necessary to understand the reasons for the low to moderate sensitivity.
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Constitutionalization of judicial independence: In comparative law and in Serbian legislation
Directory of Open Access Journals (Sweden)
Pejić Irena
2014-01-01
Full Text Available The aim of this paper is to point out that the guarantees of judicial independence have to be regulated by the Constitution as they create de iure framework for the independence of the judiciary in the rule of law system. The author is aware that the constitutional guarantees are per se insufficient and that their primary features may yield different effects depending on the political environment and cultural matrix in which they take effect. The judicial system operates in the circumstances of the separation of powers, where the independent judiciary is corroborated a guarantee of the rule of law. Hence, it is important to concurrently elaborate on the institutional and personal guarantees of judicial independence, focusing on the responsibility of the political authorities to create a relevant social environment for the operation of the independent judiciary as well as on the responsibility of the judiciary to independently exercise their judicial function. The author's intention in this paper is to provides a comparative analysis on the guarantees of independent judiciary and the minimum rules that constitute the cohesive core which serves as the common meeting grounds not only for the EU member states but also for all countries of the European-Continental legal system in their efforts to ensure the judicial independence as the primary condition for exercising the rule of law. The corpus of constitutional guarantees on independent judiciary includes the following elements: the judicial appointments and termination of a judicial office; the permanence of the judicial office and impartiality in decision-making processes; the professional responsibility and judicial immunity; as well as the recently established judicial councils, which have been given the constitutional authority to protect the independence of the judiciary.
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12 CFR 747.41 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Stays pending judicial review. 747.41 Section... of Practice and Procedure § 747.41 Stays pending judicial review. The commencement of proceedings for... part of its order pending a final decision on a petition for review of that order. ...
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28 CFR 80.8 - Attorney General opinion.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Attorney General opinion. 80.8 Section 80.8 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) FOREIGN CORRUPT PRACTICES ACT OPINION PROCEDURE § 80.8 Attorney General opinion. The Attorney General or his designee shall, within 30 days after...
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28 CFR 541.40 - Purpose and scope.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose and scope. 541.40 Section 541.40 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT INMATE DISCIPLINE AND SPECIAL HOUSING UNITS Control Unit Programs § 541.40 Purpose and scope. (a) In an effort to...
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28 CFR 93.2 - Statutory authority.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Statutory authority. 93.2 Section 93.2 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROVISIONS IMPLEMENTING THE VIOLENT CRIME CONTROL... under the Violent Crime Control and Law Enforcement Act of 1994, Title V, Public Law 103-322, 108 Stat...
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28 CFR 23.40 - Monitoring and auditing of grants for the funding of intelligence systems.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Monitoring and auditing of grants for the funding of intelligence systems. 23.40 Section 23.40 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES § 23.40 Monitoring and auditing of grants for the funding...
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28 CFR 55.3 - Statutory requirements.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Statutory requirements. 55.3 Section 55.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) IMPLEMENTATION OF THE PROVISIONS OF THE VOTING... information relating to the electoral process, including ballots, it shall provide them in the language of the...
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28 CFR 570.37 - Violation of furlough.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Violation of furlough. 570.37 Section 570.37 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE COMMUNITY PROGRAMS AND RELEASE.... (a) Staff shall process as an escapee an inmate who absconds from furlough. (b) Staff may take...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Definitions. 26.21 Section 26.21 Judicial Administration DEPARTMENT OF JUSTICE DEATH SENTENCES PROCEDURES Certification Process for State Capital Counsel Systems § 26.21 Definitions. For purposes of this part, the term— Appropriate state official means the...
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28 CFR 570.45 - Violation of escorted trip.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Violation of escorted trip. 570.45 Section 570.45 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE COMMUNITY PROGRAMS AND RELEASE COMMUNITY PROGRAMS Escorted Trips § 570.45 Violation of escorted trip. (a) Staff shall process as...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false General. 33.60 Section 33.60 Judicial Administration DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Criminal Justice Block Grants Submission and Review of Applications § 33.60 General. This subpart describes the process and criteria for...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false What procedures apply to the selection of programs and activities under these regulations? 30.6 Section 30.6 Judicial Administration DEPARTMENT OF... consult with local elected officials. (b) Each state that adopts a process shall notify the Attorney...
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28 CFR 49.4 - Deputy custodians.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Deputy custodians. 49.4 Section 49.4 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) ANTITRUST CIVIL PROCESS ACT § 49.4 Deputy custodians. Deputy custodians may perform such of the duties assigned to the custodian as may be authorized...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Media. 552.33 Section 552.33 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT CUSTODY Hostage Situation Management § 552.33 Media. The Warden shall assign staff to handle all news releases and news media inquiries...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Application. 35.102 Section 35.102 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES General § 35.102 Application. (a) Except as provided in paragraph (b) of this...
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28 CFR 29.6 - Limited participation by states and localities permitted.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Limited participation by states and localities permitted. 29.6 Section 29.6 Judicial Administration DEPARTMENT OF JUSTICE MOTOR VEHICLE THEFT... locality need not authorize the stopping of motor vehicles under all sets of conditions specified under the...
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28 CFR 600.7 - Conduct and accountability.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Conduct and accountability. 600.7 Section 600.7 Judicial Administration OFFICES OF INDEPENDENT COUNSEL, DEPARTMENT OF JUSTICE GENERAL POWERS OF SPECIAL COUNSEL § 600.7 Conduct and accountability. (a) A Special Counsel shall comply with the rules...
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28 CFR 105.11 - Individuals not requiring a security risk assessment.
2010-07-01
... requiring a security risk assessment. (a) Citizens and nationals of the United States. A citizen or national... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Individuals not requiring a security risk assessment. 105.11 Section 105.11 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIMINAL HISTORY...
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28 CFR 527.30 - Purpose and scope.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose and scope. 527.30 Section 527.30 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION, CLASSIFICATION, AND TRANSFER TRANSFERS Transfer of Inmates to State Agents for Production on State Writs § 527.30 Purpose and...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Appeals. 16.9 Section 16.9 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Procedures for Disclosure of Records Under the Freedom of Information Act § 16.9 Appeals. (a) Appeals of adverse...
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28 CFR 16.202 - Open meetings.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Open meetings. 16.202 Section 16.202 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Public Observation of Parole Commission Meetings § 16.202 Open meetings. (a) Every portion of every meeting of the...
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28 CFR 16.21 - Purpose and scope.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Purpose and scope. 16.21 Section 16.21 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Production or Disclosure in Federal and State Proceedings § 16.21 Purpose and scope. (a) This subpart sets...
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28 CFR 16.30 - Purpose and scope.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Purpose and scope. 16.30 Section 16.30 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Production of FBI Identification Records in Response to Written Requests by Subjects Thereof § 16.30 Purpose...
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28 CFR 540.50 - Visits to inmates not in regular population status.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Visits to inmates not in regular population status. 540.50 Section 540.50 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE... not in regular population status. (a) Admission and holdover status. The Warden may limit to the...
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28 CFR 54.425 - Counseling and use of appraisal and counseling materials.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Counseling and use of appraisal and counseling materials. 54.425 Section 54.425 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED... Discrimination on the Basis of Sex in Education Programs or Activities Prohibited § 54.425 Counseling and use of...
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28 CFR 523.33 - How is eligibility for DCEGT limited?
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false How is eligibility for DCEGT limited? 523.33 Section 523.33 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION, CLASSIFICATION, AND TRANSFER COMPUTATION OF SENTENCE District of Columbia Educational Good Time Credit § 523.33...
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28 CFR 523.32 - How much DCEGT can I earn?
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false How much DCEGT can I earn? 523.32 Section 523.32 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INMATE ADMISSION, CLASSIFICATION, AND TRANSFER COMPUTATION OF SENTENCE District of Columbia Educational Good Time Credit § 523.32...
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28 CFR 2.91 - Supervision responsibility.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Supervision responsibility. 2.91 Section 2.91 Judicial Administration DEPARTMENT OF JUSTICE PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS District of Columbia Code: Prisoners and Parolees § 2.91 Supervision responsibility. (a) Pursuan...
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28 CFR 73.6 - Relation to other statutes.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Relation to other statutes. 73.6 Section 73.6 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) NOTIFICATIONS TO THE ATTORNEY GENERAL BY AGENTS OF FOREIGN GOVERNMENTS § 73.6 Relation to other statutes. The filing of a notification...
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28 CFR 79.73 - Appeals procedures.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Appeals procedures. 79.73 Section 79.73 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT Procedures § 79.73 Appeals procedures. (a) An appeal must be in writing and must be received by...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Background. 23.2 Section 23.2 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES § 23.2 Background. It is... potential threats to the privacy of individuals to whom such data relates, policy guidelines for Federally...
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28 CFR 543.15 - Legal aid program.
2010-07-01
... necessary to maintain security or good order in the institution, the Warden may prohibit a student or legal... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS...
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Directory of Open Access Journals (Sweden)
Laura Wissink
2014-12-01
Full Text Available The Single Supervisory Mechanism (SSM is a striking example of the tendency within the EU to transfer decisive, regulatory and enforcement powers to the EU level. The SSM involves a complex system of mixed administration in order to ensure effective banking supervision within the Eurozone. Whereas such mixed administration might be necessary in order to achieve effective cross-border supervision, it also creates legal uncertainties due to the different legal orders involved. In this paper, the effect of the mixed administration on formal and substantive judicial protection is discussed.The paper analyses the right of access to the courts in the case of common procedures and certain ECB decisions. Furthermore, it is examined whether the ECB and national competent authorities have adequate powers to carry out supervision within the SSM. Lastly, the paper pursues the issues with regard to substantive judicial protection in greater depth, in particular the right of respect for the home and the rights of defence.
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Department of Civil Procedure and Formation of Its Scientific School
Directory of Open Access Journals (Sweden)
Вячеслав Васильович Комаров
2016-06-01
Full Text Available The article deals with research of the early stage of formation of scientific school of department of Civil Procedure of Yaroslav Mudryi National Law University. The achievements of the scientists of the department are analyzed, who were the intellectual founders of its scientific and pedagogical traditions. The urgent problems of civil procedure law science of that time and the scientific achievements of the department, which became cornerstones for its future development and next generations of procedural law scientists, are highlighted. The article presents the research of the subject of civil procedural law by S.Yu. Katz and L.Y. Nosko. Description of L.Y. Nosko’s works is made, in which the author examined some aspects of the method of legal regulation of civil procedure law, which at that time was innovative research direction. M.M. Vasilchenko’s research on the problem of the right to judicial protection as applied in terms of realization of the right to judicial protection by the defendant in a civil process is highlighted. Attention is drawn to the problem of theory of judicial decisions as judicial acts on implementation of the functions of justice in civil cases, particularly to T.N. Gubar’s dissertation research on this issue and to some other research works of the scientist. Yu. M. Chuikov’s position on the legal nature of a separate ruling are analyzed, which were highlighted in a monographic work of a scientist "Separate ruling in civil proceedings". In his further research, the scientist through the institute of separate ruling moves to more generalized research subject - preventive and educational activities of the court as a whole. Part of the work describes the research activities and scientific interests of A.M. Smetska, namely research on general issues on enforcement proceedings. The article also gives a brief description of the further research of the department and educational-methodical literature of the
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Judicial Process, Grade Eight. Resource Unit (Unit V).
Minnesota Univ., Minneapolis. Project Social Studies Curriculum Center.
This resource unit, developed by the University of Minnesota's Project Social Studies, introduces eighth graders to the judicial process. The unit was designed with two major purposes in mind. First, it helps pupils understand judicial decision-making, and second, it provides for the study of the rights guaranteed by the federal Constitution. Both…
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12 CFR 308.41 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Stays pending judicial review. 308.41 Section... OF PRACTICE AND PROCEDURE Uniform Rules of Practice and Procedure § 308.41 Stays pending judicial... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...
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28 CFR 43.2 - Obligations of persons receiving care and treatment.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Obligations of persons receiving care and treatment. 43.2 Section 43.2 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES § 43.2 Obligations of persons...
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28 CFR 3.5 - Forfeiture of gambling devices.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Forfeiture of gambling devices. 3.5 Section 3.5 Judicial Administration DEPARTMENT OF JUSTICE GAMBLING DEVICES § 3.5 Forfeiture of gambling devices. For purposes of seizure and forfeiture of gambling devices see section 8 of this chapter. [Order...
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28 CFR 34.102 - Peer review procedures.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Peer review procedures. 34.102 Section 34.102 Judicial Administration DEPARTMENT OF JUSTICE OJJDP COMPETITION AND PEER REVIEW PROCEDURES Peer Review § 34.102 Peer review procedures. The OJJDP peer review process is contained in an OJJDP “Peer...
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28 CFR 104.34 - Publication of awards.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Publication of awards. 104.34 Section 104.34 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) SEPTEMBER 11TH VICTIM COMPENSATION FUND... or all of the awards, but shall not publish the name of the claimants or victims that received each...
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28 CFR 42.606 - General rules concerning EEOC action on complaints.
2010-07-01
... title VII and the Equal Pay Act, the date such a complaint was received by an agency shall be deemed the... 28 Judicial Administration 1 2010-07-01 2010-07-01 false General rules concerning EEOC action on complaints. 42.606 Section 42.606 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION; EQUAL...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Policy. 551.1 Section 551.1 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MISCELLANEOUS Grooming § 551.1 Policy. The Bureau of Prisons permits an inmate to select the hair style of personal choice, and expects...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Definitions. 93.3 Section 93.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROVISIONS IMPLEMENTING THE VIOLENT CRIME CONTROL AND LAW... 901(a)(2) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. (b) Unit of Local...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose. 93.1 Section 93.1 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROVISIONS IMPLEMENTING THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 Drug Courts § 93.1 Purpose. This part sets forth requirements and procedures to ensure...
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28 CFR 68.3 - Service of complaint, notice of hearing, written orders, and decisions.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Service of complaint, notice of hearing, written orders, and decisions. 68.3 Section 68.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED..., registered agent for service of process of a corporate party, or attorney or representative of record of a...
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28 CFR 34.104 - Use of peer review.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Use of peer review. 34.104 Section 34.104 Judicial Administration DEPARTMENT OF JUSTICE OJJDP COMPETITION AND PEER REVIEW PROCEDURES Peer Review § 34... programs for which a large number of applications is expected, preapplications (concept papers) may be...
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28 CFR 37.13 - Agency specific memoranda of understanding.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Agency specific memoranda of understanding. 37.13 Section 37.13 Judicial Administration DEPARTMENT OF JUSTICE PROCEDURES FOR COORDINATING THE INVESTIGATION OF COMPLAINTS OR CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY SUBJECT TO THE AMERICANS WITH DISABILITIES ACT AND SECTION...
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28 CFR 74.12 - Order of payment.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Order of payment. 74.12 Section 74.12 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CIVIL LIBERTIES ACT REDRESS PROVISION Notification and Payment § 74.12 Order of payment. Payment will be made in the order of date of birth pursuant...
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28 CFR 25.56 - Responsibilities of junk yards and salvage yards and auto recyclers.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Responsibilities of junk yards and salvage yards and auto recyclers. 25.56 Section 25.56 Judicial Administration DEPARTMENT OF JUSTICE... Responsibilities of junk yards and salvage yards and auto recyclers. (a) By no later than March 31, 2009, and...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Application. 18.2 Section 18.2 Judicial Administration DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS HEARING AND APPEAL PROCEDURES § 18.2 Application. (a) These procedures apply to all appeals and hearings of State formula or block grant applicants or...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Definitions. 72.2 Section 72.2 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) SEX OFFENDER REGISTRATION AND NOTIFICATION § 72.2 Definitions. All terms used in this part that are defined in section 111 of the Sex Offender Registration and...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Discovery. 18.7 Section 18.7 Judicial Administration DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS HEARING AND APPEAL PROCEDURES § 18.7 Discovery.... Such order may be entered upon a showing that the deposition is necessary for discovery purposes, and...
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28 CFR 54.455 - Textbooks and curricular material.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Textbooks and curricular material. 54.455 Section 54.455 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE Discrimination on the Basis of Sex in Education Programs or...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Audit. 31.201 Section 31.201 Judicial Administration DEPARTMENT OF JUSTICE OJJDP GRANT PROGRAMS Formula Grants General Requirements § 31.201 Audit. The State must assure that it adheres to the audit requirements enumerated in the “Financial and...
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28 CFR 16.203 - Closed meetings-Formal procedure.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Closed meetings-Formal procedure. 16.203 Section 16.203 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR... involvement of any person in the commission of a crime, but only to the extent that the production of such...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Fees. 16.49 Section 16.49 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 § 16.49 Fees. Components shall charge...
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28 CFR 16.28 - Procedure in the event of an adverse ruling.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Procedure in the event of an adverse ruling. 16.28 Section 16.28 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION Production or Disclosure in Federal and State Proceedings § 16.28 Procedure in the...
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28 CFR 79.36 - Indication of the presence of hepatitis B or cirrhosis.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Indication of the presence of hepatitis B or cirrhosis. 79.36 Section 79.36 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CLAIMS... § 79.36 Indication of the presence of hepatitis B or cirrhosis. Possible indication of hepatitis B or...
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28 CFR 104.71 - Procedures to prevent and detect fraud.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Procedures to prevent and detect fraud. 104.71 Section 104.71 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001 Measures To Protect the Integrity of the Compensation Program § 104.71 Procedures to...
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28 CFR 31.101 - Designation of State agency.
2010-07-01
...) of the JJDP Act. States must have available for review a copy of the State law or executive order... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Designation of State agency. 31.101 Section 31.101 Judicial Administration DEPARTMENT OF JUSTICE OJJDP GRANT PROGRAMS Formula Grants Eligible...
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28 CFR 80.4 - Issuer or domestic concern.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Issuer or domestic concern. 80.4 Section 80.4 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) FOREIGN CORRUPT PRACTICES ACT OPINION PROCEDURE § 80.4 Issuer or domestic concern. The request must be submitted by an issuer or domestic concern...
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28 CFR 29.8 - Motor vehicle owner participation.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Motor vehicle owner participation. 29.8 Section 29.8 Judicial Administration DEPARTMENT OF JUSTICE MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS § 29.8 Motor vehicle owner participation. In order to participate in this program, the owner(s) of a...
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28 CFR 19.5 - Report to the Office of Juvenile Justice and Delinquency Prevention.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Report to the Office of Juvenile Justice and Delinquency Prevention. 19.5 Section 19.5 Judicial Administration DEPARTMENT OF JUSTICE USE OF... Justice and Delinquency Prevention. DOJ will compile and submit to OJJDP, by June 30, 1987, a consolidated...
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28 CFR 2.95 - Early termination from supervision.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Early termination from supervision. 2.95 Section 2.95 Judicial Administration DEPARTMENT OF JUSTICE PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS District of Columbia Code: Prisoners and Parolees § 2.95 Early termination from...
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28 CFR 551.32 - Staff supervision.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Staff supervision. 551.32 Section 551.32 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MISCELLANEOUS Inmate Organizations § 551.32 Staff supervision. (a) The Warden shall appoint a staff member as the institution's Inmate Organization Manager (IO...
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28 CFR 2.207 - Supervision reports to Commission.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Supervision reports to Commission. 2.207 Section 2.207 Judicial Administration DEPARTMENT OF JUSTICE PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS District of Columbia Supervised Releasees § 2.207 Supervision reports to Commission. A...
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28 CFR 2.94 - Supervision reports to Commission.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Supervision reports to Commission. 2.94 Section 2.94 Judicial Administration DEPARTMENT OF JUSTICE PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS District of Columbia Code: Prisoners and Parolees § 2.94 Supervision reports to Commissio...
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28 CFR 2.206 - Travel approval and transfers of supervision.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Travel approval and transfers of supervision. 2.206 Section 2.206 Judicial Administration DEPARTMENT OF JUSTICE PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS District of Columbia Supervised Releasees § 2.206 Travel approval and...
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28 CFR 73.3 - Form of notification.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Form of notification. 73.3 Section 73.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) NOTIFICATIONS TO THE ATTORNEY GENERAL BY AGENTS OF FOREIGN GOVERNMENTS § 73.3 Form of notification. (a) Notification shall be made by the agent in...
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28 CFR 549.73 - Appealing the fee.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Appealing the fee. 549.73 Section 549.73 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MEDICAL SERVICES Fees for Health Care Services § 549.73 Appealing the fee. You may seek review of issues related to...
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25 CFR 11.438 - Flight to avoid prosecution or judicial process.
2010-04-01
... 25 Indians 1 2010-04-01 2010-04-01 false Flight to avoid prosecution or judicial process. 11.438... OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.438 Flight to avoid prosecution or judicial process... Offenses exercises jurisdiction for the purpose of avoiding arrest, prosecution or other judicial process...
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12 CFR 19.41 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Stays pending judicial review. 19.41 Section 19... PROCEDURE Uniform Rules of Practice and Procedure § 19.41 Stays pending judicial review. The commencement of... effectiveness of all or any part of an order pending a final decision on a petition for review of that order. ...
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2010-07-01
... Judges of the Executive Office for Immigration Review, United States Department of Justice, with regard... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Bureau of Prisons, Federal... Administrative Matters § 0.138 Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of...
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Existing knowledge in science and technology as subject of judicial establishment of facts
Energy Technology Data Exchange (ETDEWEB)
Czajika, D.
1982-02-01
The problems facing administrative courts in determining 'existing knowledge in science and technology' (No. 3 of paragraph 2 of sect. 7 of the Atomic Energy Law) cannot be solved by limiting the judicial establishment of facts. According to established law, in procedural or substantive law there is no foundation for doing so. Limits to this establishment of facts do result from the nature of the scientific process of understanding, which very often allows but the establishment of 'margins' pertaining to scientific opinions.
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28 CFR 43.3 - Settlement and waiver of claims.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Settlement and waiver of claims. 43.3 Section 43.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES § 43.3 Settlement and waiver of claims. (a) The...
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28 CFR 81.3 - Designation of Federal Bureau of Investigation.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Designation of Federal Bureau of Investigation. 81.3 Section 81.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CHILD ABUSE AND CHILD... to receive and investigate reports of child abuse made pursuant to 42 U.S.C. 13031 until such time as...
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28 CFR 24.309 - Payment of award.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Payment of award. 24.309 Section 24.309 Judicial Administration DEPARTMENT OF JUSTICE IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN... decision is not being sought in the United States courts, or that the process for seeking review of the...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Smoking. 36.210 Section 36.210 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES General Requirements § 36.210 Smoking. This part does not preclude the prohibition of, or the imposition of...
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New Challenges Facing Small Undergraduate Departments And The Role Of Faculty And Administrators.
El-Shazly, A. K.
2003-12-01
Small geoscience departments with 5 faculty members or less in undergraduate institutions are facing serious challenges that will have a profound impact on their future, as well as the future of geoscience education. In addition to past and future budget cuts that affect all departments, small departments are more vulnerable to such problems as (i) decreased enrollments in introductory level classes, (ii) small number of geology majors, (iii) small number of graduates per year (iv) lack or paucity of equipment necessary for faculty and student research, (v) limited opportunities for external funding, (vi) need to offer upper division classes on an alternate year basis, (vii) difficulty in recruiting and retaining students, (viii) high teaching loads for faculty, and (ix) designing rigorous curricula based on 120 credit hours with a significant component of liberal art classes. These problems pose new challenges for faculty, department chairs and administrators. Faculty need to design curricula tailored to the need of the job market, without compromising rigor or the quality of the program. New classes/ concentrations in environmental science, hydrogeology and geographical information systems should be offered, and traditional classes in petrology, geophysics and tectonics should be maintained. Classes in Physics, Chemistry and Math should be core requirements. Student involvement in research should be encouraged at an early stage (sophomore/ junior levels). Department chairs need to assign duties in their department carefully to capitalize on the strengths of their faculty: faculty with strong research backgrounds should be helped in their efforts to pursue external funding opportunities, whereas those with strong teaching abilities should be evaluated primarily on their performance in the classroom. Student credit hour production should not be used as a criterion for evaluating faculty. Administrators should evaluate programs and departments based on the success
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Judicial fiats and contemporary enclosures
Directory of Open Access Journals (Sweden)
Thayyil Naveen
2009-01-01
Full Text Available This article examines the problematic processes in a case that has had few parallels in Indian judicial history. The apex court in T. N. Godavarman took upon the responsibility of deciding how forest resources in the country should be accessed and who is (or is not to have such access. Purportedly done to protect the environment, through the ′clarification and fine-tuning′ of national forest-laws, the case has seriously affected the life, livelihood, and habitat of millions of marginal groups. Recent trends demonstrate the wider trend of constitutional courts assuming the roles of adjudication, administration and legislation, all rolled into one, whereby they become problematic sites for creating a hierarchy of conflicting public interests, which claim constitutional validity from different vantage points. Thus, constitutional values of ′protection of environment′ and ′justice - social, political and economic′ ′are pitted against each other′ where unelected courts take it upon themselves to define the legitimate precincts of the theoretical discourse of sustainable use / development; and importantly also implement it into ′everyday′ ′reality, in the way it feels fit′. The article seeks to make sense of this contemporary process of forest governance.
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20th Anniversary Conference on World Bank Administrative Tribunal
2000-01-01
Contents :"Review of discretionary power by international administrative tribunals" by Michel Gentot, "Checks exerted by administrative tribunals over the discretionary powers of international organizations" by Nicolas Valticos, "Comments" by Ranjan (C.F.) Amerasinghe, "The review of managerial discretion by international administrative tribunals" by Francisco Orrego Vicuña, "Some practical issue arising in international administrative tribunals" by Nassib G. Ziadé, "Aspects of judicial review of administrative action in the WBAT with comparative remarks" by Spyridon Flogaitis, "The International Monetary Fund Administrative Tribunal : its first six years" by Celia Goldman
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Directory of Open Access Journals (Sweden)
Patricia Fernandes Bega
2016-10-01
Full Text Available The article is subject to study the Principle of Judicial Cooperation. The problem of research focuses on the conflict between the institution of bankruptcy and labor laws. The initial hypothesis is that the principle of protection to workers and the Judicial Recovery Institute reveal clash, contradiction and non-cooperation. In this way, the work seeks to demonstrate that the procedural rule of judicial cooperation brought about by the new CPC is an instrument of dialogue between material contradictions. The objective is to analyze the new civil procedure code and the difficulty to cooperate the irreconcilable. The method used was deductive.
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Judicial Reforms in Russia: 1864 to 2014
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Irina Reshetnikova
2015-01-01
Full Text Available In 2014 we celebrate the 150th anniversary of the Judicial Reform in Russia. The 1860s are known as a time of major reforms in various spheres of life, one of them being the Judicial Reform adopted in 1864. Before 1864 civil procedure was considered to be the classical form of inquisitorial justice1 with active judges and passive parties. Inquisitorial procedure was a written process conducted in secret with no legal representatives in court, and with formal evaluation of evidence (otsenka dokazatel’stv. Instead of an inquisitorial procedure the Judicial Reform introduced an adversarial system with active parties and more or less passive judges, an open, oral (public process, legal representatives, and free evaluation of evidence. So, for Russian procedure it was a revolution as it happened in other countries of Europe, which turned away from an inquisitorial to an adversarial system of justice.
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Methodologies for Measuring Judicial Performance: The Problem of Bias
Directory of Open Access Journals (Sweden)
Jennifer Elek
2014-12-01
Full Text Available Concerns about gender and racial bias in the survey-based evaluations of judicial performance common in the United States have persisted for decades. Consistent with a large body of basic research in the psychological sciences, recent studies confirm that the results from these JPE surveys are systematically biased against women and minority judges. In this paper, we explain the insidious manner in which performance evaluations may be biased, describe some techniques that may help to reduce expressions of bias in judicial performance evaluation surveys, and discuss the potential problem such biases may pose in other common methods of performance evaluation used in the United States and elsewhere. We conclude by highlighting the potential adverse consequences of judicial performance evaluation programs that rely on biased measurements. Durante décadas ha habido una preocupación por la discriminación por género y racial en las evaluaciones del rendimiento judicial basadas en encuestas, comunes en Estados Unidos. De acuerdo con un gran corpus de investigación básica en las ciencias psicológicas, estudios recientes confirman que los resultados de estas encuestas de evaluación del rendimiento judicial están sistemáticamente sesgados contra las mujeres y los jueces de minorías. En este artículo se explica la manera insidiosa en que las evaluaciones de rendimiento pueden estar sesgadas, se describen algunas técnicas que pueden ayudar a reducir las expresiones de sesgo en los estudios de evaluación del rendimiento judicial, y se debate el problema potencial que estos sesgos pueden plantear en otros métodos comunes de evaluación del rendimiento utilizados en Estados Unidos y otros países. Se concluye destacando las posibles consecuencias adversas de los programas de evaluación del rendimiento judicial que se basan en mediciones sesgadas. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2533937
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40 CFR 164.40 - Qualifications and duties of Administrative Law Judge.
2010-07-01
... Administrative Law Judge. 164.40 Section 164.40 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY... Judicial Ethics of the American Bar Association. (d) Power. Subject to review, as provided elsewhere in... Law Judge, the Administrator or the Environmental Appeals Board. [38 FR 19371, July 20, 1973, as...
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Does Judge Turnover Affect Judicial Performance?
DEFF Research Database (Denmark)
Guerra, Alice; Tagliapietra, Claudio
2017-01-01
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...... in judicial performance over two years of time...
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HISTORIOGRAPHY GENERAL, REGIONAL AND SPECIAL STUDIES OF JUDICIAL REFORM IN RUSSIA 1864
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Sergei Evgenievich Strakhov
2014-10-01
Full Text Available In today's world, a crucial role is played by the judiciary. In the period lasting judicial reform, it is important to explore this institution not only at the present stage, but also to trace the history of its development, including - through analysis and synthesis of existing studies of the judiciary and judicial reforms.The purpose of this study - to explore the historiography of general, special and regional studies of judicial reform of1864 inRussia, to classify research on history and on the subject of the study.Scientific, theoretical and practical significance of the work lies in the fact that the study of this topic will summarize the significant weight of the studies of the judicial reform of 1864 and classified by facilitating orientation interested in individuals in the study subjects.The author uses historical, comparative, hermeneutical, mathematical methods, as well as general methods of scientific research.The author analyzes the historiography of general, special and regional studies of the judicial reform of1864 inRussia, introducing a classification of such studies in chronological order (pre-revolutionary, Soviet and modern stages and subject matter (common - affecting all aspects of judicial reform, special - dedicated to a particular aspect (legal agencies, prosecutors, legal, etc. and regional - dedicated to judicial reform, or some aspects of it in some regions of Russia.The results of this study are scientific and practical value, because they can be useful for teaching students - in industry disciplines "judiciary", "advocacy", "notary public", "public prosecutor's supervision" and general theoretical "History of State and Law," "History of the fatherland" ; in science - by picking up information about the historiography of the judicial reform, and in practice - said work can serve as a guide to research judicial reform, which may be useful to practitioners of judicial and investigative bodies, as well as - prosecutors
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Directory of Open Access Journals (Sweden)
Koos Malan
2014-12-01
Full Text Available The South African Judicial Service Commission (JSC, considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately erupted into a full-blown conflict between those who could here be referred to as the transformationists, on the one hand, and the liberals, on the other. The transformationists, who may generally be regarded as falling within the sphere of influence of the ruling elite under the African National Congress (ANC, are bent on pursuing the policy of transformation. Hence they insist that the composition of the bench must reflect the national population profile and on individual judges' pursuing the ruling party's ideological goals. The liberals reject this as a threat to judicial independence and the professional competence of the judiciary. On close analysis the clash is based on incompatible interpretations of judicial independence and impartiality. This article is a critique of these interpretations against the backdrop of an assessment of what these notions can reasonably be expected to achieve. It is argued that the liberals are harbouring unrealistic views about judiciaries, believing them to wield power which may even extend over matters of political significance, powers on a par with or even outweighing those of the political branches. However, on proper analysis it is clear that the judiciary is in fact, firstly, inherently weak and dependent on the support of the political branches; and, secondly, it is integrated into the ruling elite with whom they share the same ideological assumptions without any inclination to oppose them. Hence, the impartiality of the courts, when it comes to politically sensitive issues, is distinctively politically (regime relative and ideologically conditioned. Ironically the transformationists have bought into the liberals' erroneous belief in the potency of the courts (in the above-mentioned sense
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Purpose. 49.1 Section 49.1 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) ANTITRUST CIVIL PROCESS ACT § 49.1 Purpose. The regulations in... the Antitrust Civil Process Act, as amended (15 U.S.C. 1313(c)). The terms used in this part shall be...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Aliens. 21.3 Section 21.3 Judicial Administration DEPARTMENT OF JUSTICE WITNESS FEES § 21.3 Aliens. (a) Aliens entitled to payment of $30 per day. The following aliens are entitled to witness fees and allowances provided in § 21.4: (1) Aliens...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Smoking. 35.132 Section 35.132 Judicial Administration DEPARTMENT OF JUSTICE NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES General Requirements § 35.132 Smoking. This part does not preclude the prohibition of, or the imposition of restrictions on,...
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28 CFR 92.5 - What educational expenses does the Police Corps cover, and how will they be paid?
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false What educational expenses does the Police Corps cover, and how will they be paid? 92.5 Section 92.5 Judicial Administration DEPARTMENT OF JUSTICE... Criteria § 92.5 What educational expenses does the Police Corps cover, and how will they be paid? (a...
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28 CFR 570.43 - Inmates requiring a high degree of control and supervision.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Inmates requiring a high degree of control and supervision. 570.43 Section 570.43 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE COMMUNITY PROGRAMS AND RELEASE COMMUNITY PROGRAMS Escorted Trips § 570.43 Inmates requiring a high degree of control and supervision. Only the...
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Home closure as a weapon in the Dutch war on drugs: Does judicial review function as a safety net?
Bruijn, L Michelle; Vols, Michel; Brouwer, Jan G
2018-01-01
A widespread sense of a failing criminal justice system and increased feelings of insecurity changed the response to crime into a culture of control, which is characterized by policies that punish and exclude. In the Netherlands, these influences can be witnessed in the war on drugs where local authorities use their administrative power to close homes involved in drug-related crime. Citizens can invoke judicial review over these administrative interferences by claiming that such closure results in an unfair balance between purposes, means and consequences. This paper assesses whether judicial review functions as a safety net against losing one's home due to drug-related crime. We used doctrinal legal research methods to examine the "law in the books" and empirical legal research methods to analyse the "law in action". We used a survey to investigate how often the drug-related closure power was used in 2015, and we statistically analysed all published case law of Dutch lower courts between 2007 and 2016. The scope of the closure power broadened over the years and our data show that local authorities fiercely make use of this instrument. In 41.4% of the cases, citizens are successful in fighting the closure. While scholarly literature indicates that judicial courts function as safeguards by questioning the proportionality of administrative action, raising a proportionality defence does not necessarily result in a more favourable outcome for citizens. In fact, raising a proportionality defence makes it more likely to result in dismissal of the appeal. The stretched scope of the drug-related closure power together with the relatively low success rate of citizens who fight the loss of their home and a seemingly meaningless proportionality check show no sign of a safety net against the loss of one's home at the suit of a local authority. Copyright © 2017 The Authors. Published by Elsevier B.V. All rights reserved.
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7 CFR 400.56 - Administrative appeal exhaustion.
2010-01-01
... contained in 7 CFR part 400, subpart J. Administrative remedies through the appeal process must be exhausted prior to any action for judicial review. The approved APH yield determined as a result of the appeal process will be the yield applicable to the crop year. ...
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The Judicial Process as a Form of Program Evaluation.
Ellsberry, James
1980-01-01
Maintaining that the judicial process is particularly effective as a form of program evaluation, this article details organizational procedures and lists the following advantages for use of the judicial process: issues are investigated in an open forum, the community can participate, and exciting opportunities for teaching and learning are…
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Political Science, The Judicial Process, and A Legal Education
Funston, Richard
1975-01-01
Application of the behavioral approach to the study of the judicial process is examined including methodological approaches used, typical findings, and "behavioralists'" rejection of the case method of studying law. The author concludes that the behavioral approach to the study of judicial politics has not been substantially productive. (JT)
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Directory of Open Access Journals (Sweden)
Estefania Maria de Queiroz Barboza
2016-12-01
Full Text Available Resumo: No presente artigo examinaram-se as origens históricas do judicial review nos Estados Unidos da América desde o caso Marbury v. Madison até a Corte Burger, bem como os reflexos de sua concepção no chamado “ativismo judicial” norte-americano, o qual acabou por priorizar o papel da jurisdição constitucional na proteção dos direitos fundamentais garantidos na Constituição, mesmo que isso implicasse enfrentar questões tipicamente políticas. Ou seja, apresentaram-se casos nos quais a Suprema Corte atuou de forma ativista especialmente na proteção de direitos fundamentais, embora em outros momentos tenha atuado justamente no sentido contrário, como na Era Lochner, numa postura conservadora em relação à proteção de direitos. Palavras-chave: Ativismo judicial. Suprema Corte. Estados Unidos. Judicial Review.
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2009-03-01
provided to preserving individual rights by “. . . narrowing the range of rights- violative options available to the government in the next emergency...relationship with the government as agent )142 who sounds a “fire alarm,” by bringing a complaint before the...Judicial Review,” 24-30. 142 Ibid., “Judicial Review Supports Popular Sovereignty by Mitigating the Principal- Agent Problem that Lies at the Heart of
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Explaining the judicial independence of international courts: a comparative analysis
DEFF Research Database (Denmark)
Beach, Derek
What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary...... condition. The paper first develops three sets of competing explanatory variables that potentially can explain variations in the judicial independence of ICs. The causal effects of these explanatory variables upon variance in judicial independence are investigated in a comparative analysis of the ACJ, ECJ...
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Regional Courts as Judicial Brakes?
Directory of Open Access Journals (Sweden)
Metcalf Katrin Nyman
2017-12-01
Full Text Available The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power.
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Considering the consequences of increased reliance on judicial assistants: A study on Dutch courts
Holvast, N.L.
2014-01-01
Virtually all judicial systems employ judicial staff members to assist judges in their work. However, except for US Supreme Court law clerks the role of these judicial assistants in judicial decision-making is minimally understood. This observation also holds true for the Netherlands, where an
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Report on the baseline measurement of the administrative burden from the Department of Health
Department of Health (Ireland)
2013-01-01
The Irish Government in March 2008 set a target to identify measure and reduce the Administrative Burden (AB) of domestic regulation for businesses by 25% by the end of 2012 – on foot of a European Council invitation to all member states in March 2007. As part of a cross-Government process led by the Business Regulation Unit of the Department of Jobs, Enterprise and Innovation (DJEI), the Department of Health carried out a measurement exercise in 2012 on the main Information Obligations...
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Directory of Open Access Journals (Sweden)
Kelly de Souza Barbosa
2017-02-01
Full Text Available Separation of powers is one of strongest aspects of contemporary constitutionalism, mostly to rationalize the exercise of state power. In Brazil, the 1988 Constitution provides as entrenchment clause to tripartition of powers. However, there is a change in paradigms, especially at the level of constitutional jurisdiction, through the phenomena of judicialization and judicial activism because the intervention of the Judiciary in the primary functions of other powers. Using deductive and descriptive method, bibliographical and documentary research, we tried to point out the harms that the invasive action of the Judiciary causes to the functional balance between the powers and democracy.
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44 CFR 5.8 - Records involved in litigation or other judicial process.
2010-10-01
... litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY... Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United...
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40 CFR 123.30 - Judicial review of approval or denial of permits.
2010-07-01
... permitting process. A State will meet this standard if State law allows an opportunity for judicial review... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Judicial review of approval or denial... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of...
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Civil rights reference of administrative procedures
International Nuclear Information System (INIS)
Held, J.
1984-01-01
The book deals with the constitutional obligations which substantive civil rights demand from administrative procedures. The Federal Constitutional Court distinguishes between protection of civil rights in, and by, administrative and judicial procedures. The author analyses the example of the decision of the Federal Constitutional Court concerning the atomic power plant of Muelheim-Kaerlich. In the licensing procedure pursuant to the Atomic Energy Act, the civil rights of persons concerned are guaranteed by the governmental obligation to its protection. (CW) [de
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Public Politics of Health and Aspects of its Judicialization
Directory of Open Access Journals (Sweden)
Rafael Fernando dos Santos
2015-12-01
Full Text Available This article was elaborated in order to analyze issues relating to the judicialization of cases involving health, understanding health as a public policy aimed at to guarantee the fundamental right to it linked, that is, the concept of health that the authos intended to work is not far from that contained in the combined reading of Articles 6 and 196 of the Constitution, consecrators to be the health, universal right and duty of the state, guaranteed through social and economic policies aimed at to reduce the risk of disease and other becomes, ensuring also the universal and equal access to actions and services for its promotion, protection and recovery. With this approach it is intended to analyze the feasibility and consequences of judicial control of social and economic policies of promotion, protection and recovery, access, anyway, the effective flow to the fundamental right. Relating to the methodological aspects employed in the analysis of the issue concerning to the health, it was searched in the interpretation of constitutional provisions that secure the subjective right the starting point of the analysis as well as the unwavering appreciation of inseparability of judicial control in the context of public policy, assessing possible limits of the judicial branch, and then to realize a brief analysis of previous trial in the Supreme Court and extract from this jurisprudencial context the minimum goals for aspects of health judicialization.
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16 CFR 5.68 - Judicial review.
2010-01-01
... CONDUCT Disciplinary Actions Concerning Postemployment Conflict of Interest § 5.68 Judicial review. A respondent against whom the Commission has issued an order imposing disciplinary action under this part may...
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POLITIK HUKUM JUDICIAL REVIEW DI INDONESIA
Directory of Open Access Journals (Sweden)
Kartono Kartono
2011-03-01
Full Text Available Although Indonesia judicial review system is not opens the possibility of regulations review under the act against the constitution, das sollen pracitically these conditions may still occur. From political of law the legal authority of constitutional court should be able to put the interests of citizens rights that are based on the principles of recognition, guarantees, protection and legal certainty of a fair and equal treatment before the law. Given that changes in the constitution can not be done easily, then the judicial review in UUD 1945 should not be formulated too limitedly that restricting the organic law to complete and explore the authority that is adaptable to any concrete problem. Keywords: politics of law, constitutional court, UUD 1945, limitedly.
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Russian Model Of The Administrative Justice
Directory of Open Access Journals (Sweden)
Natalja I. Jaroshenko
2014-12-01
Full Text Available On December 25, 2014 it would be twenty-one year since the Constitution of the Russian Federation was adopted on the national referendum on December 12, 1993. During this time, almost all constitutional provisions are implemented. The key point of course was the judicial reform in Russia, launched simultaneously with the adoption of Constitution of the Russian Federation. Adopted the new Civil Procedural Code, Criminal Procedural Code, Arbitration Procedural Code of the Russian Federation, Federal Constitutional Law "On the Constitutional Court of the Russian Federation", Federal Constitutional Law "On the courts of general jurisdiction in Russia", Federal Constitutional Law "On the Supreme Court of the Russian Federation". However, during twenty-one year of Russian Constitution work, the question on establishment of administrative courts in our country has not been resolved. Merger of the Supreme Court and the Supreme Arbitration Court of the Russian Federation, which happened in the year 2014, also shown the need to resolve the status of administrative courts in Russia. Previously submitted to the State Duma of the Federal Assembly of the Russian Federation the draft of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation" and is on the revision, which does not correspond to changes in the judicial system of the Russian Federation. Despite the failure of the Federal Constitutional Law "On the Federal Administrative Courts in the Russian Federation", in the opinion of the author, and it should be called that way, it Russia has already developed an own model of the Russian administrative justice, which is very specific.
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Modernization experience of judicial policy post soviet countries
Directory of Open Access Journals (Sweden)
O. A. Antoniuc
2014-12-01
The findings indicate that analysis of the accumulated Georgia and Kazakhstan, as well as other postSoviet states, the experience of modernization policy of national judicial systems is very useful for the improvement of the domestic judicial system in the context of the proclaimed judicial reform. First it must ensure the restoration of the unity of the judiciary in the possibility of the existence of certain specialized vessels. Regarding the latter, it is interesting Kazakhstan practice, when the specialized courts are formed with the status of the regional or district court, without disrupting the unity of the judiciary, which is headed by the Supreme Court. Considerable interest may also be the creation of the courts of public councils to assess the ethical qualities of the candidates for judges, the introduction of the modelspeakers of judges, the development of pretrial (mediation and alternative (arbitration courts forms of dispute resolution.
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Semantic Storyboard of Judicial Debates: A Novel Multimedia Summarization Environment
Fersini, E.; Sartori, F.
2012-01-01
Purpose: The need of tools for content analysis, information extraction and retrieval of multimedia objects in their native form is strongly emphasized into the judicial domain: digital videos represent a fundamental informative source of events occurring during judicial proceedings that should be stored, organized and retrieved in short time and…
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[The administration of a clinical department].
Vandenbroucke, J P
1998-12-19
The head of a clinical department, more than formerly, is a jack-of-all-trades: he leads his department, teaches, stimulates scientific research, arranges funding and administers clinical care. For the creative and renewing management nowadays required of him, he does not split off tasks, but he attempts to integrate them. Fritts' On leading a clinical department describes the position of today's manager, his style of leading and the various power strategies with which he can survive, for instance cooperative and delegating leadership.
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10 CFR 207.8 - Judicial actions.
2010-01-01
... Coordination Act of 1974 § 207.8 Judicial actions. (a) Enforcement of subpoenas; contempt. Any United States... such an order of the court may be punished by the court as contempt. (b) Injunctions. Whenever it...
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Directory of Open Access Journals (Sweden)
Fabiano Engelmann
2006-01-01
Full Text Available O artigo pretende fornecer elementos para a análise da relação entre o fenômeno de internacionalização do direito e a emergência de modalidades de advogados engajados na representação judicial de causas coletivas. São analisadas duas dimensões: uma primeira expõe um panorama exploratório das causas coletivas no cenário nacional e internacional, pela catalogação das decisões judiciais na Corte Interamericana de Direitos Humanos e em tribunais brasileiros. Uma segunda dimensão de análise aborda, com base em entrevistas, casos representativos de promoção de causas coletivas nas décadas de 1990 e 2000. Essas duas dimensões permitem avançar a hipótese de que a redemocratização política nacional e a constituição de redes internacionais de circulação de causas políticas e jurídicas contribuem para a definição dos perfis de ativismo judicial legitimados no espaço jurídico em diferentes períodos.The article intends the analysis of the relation between the phenomenon of internationalization of Law and the emergency of modalities of lawyers engaged in the judicial representation of collective causes. Two dimensions are analyzed: the first one displays an exploratory panorama of the collective causes in the national and international scene, out of a survey of the profile of demands of the Inter-American Court of Human Rights and Brazilian courts. The second dimension approaches, from interviews, representative cases of promotion of collective causes in the decades of 1990 and 2000. These two dimensions allow to advance the hypothesis that the national political redemocratization and the constitution of international networks of circulation of political and legal causes contribute for the definition of the profiles of judicial activism legitimated in the legal space in different periods.
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THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS
Directory of Open Access Journals (Sweden)
Gheorghe BOCSAN
2018-05-01
Full Text Available EU substantive law is based on a system of circulation freedoms which encompasses the idea that the Union, its internal market or other areas of legal rule, such as the area of freedom, security and justice are, above all, spaces of liberty, which rejects the limits represented before by internal borders. So, the essential EU integrative concepts could be formulated as free circulation principles or instruments aiming to such freedoms. The free movement of judgments and judicial decisions represents concomitantly the consequence and the expression formulated through freedom of circulation, which is specific to EU law, of the principle of mutual recognition of judgments and judicial decisions between member states in both civil and criminal matters. This principle is based upon the mutual trust that member states owes to each other. Finally, the study analyses the principle of mutual recognition in EU law as a transplant from the internal market in the judicial cooperation in criminal matters, which produces numerous application instruments, among them the first and most productive is the European Arrest Warrant. This paper studies also the common standard and paradigm that all instruments based upon the free movement of judgments and judicial decision have, amongst others: the warrant/order typology, direct communication between the competent authorities of Member States, elimination of the recognition procedure, the express mentioning of the mandatory and optional grounds of refusal, the partial removal of double criminality requirement etc.
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Shea, Christopher
1994-01-01
A growing number of college students report that campus judicial systems are more concerned with political correctness than with fairness, or that the systems are unfair regardless of the discipline issue, and complain about the secrecy of proceedings. Shift from a paternalistic discipline policy to a legalistic one is seen. (MSE)
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“Deference” in Judicial Review
African Journals Online (AJOL)
MJM Venter
The Constitutional Court subscribes to a standard of "deference" in judicial review.1. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. The principle recognises the need to protect the institutional character of each of the three arms of ...
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2013-09-25
..., [email protected] . For privacy issues please contact: Claire W. Barrett, Departmental Chief... DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. FMCSA-2013-0306] Privacy Act of... Administration (FMCSA), DOT. ACTION: Notice to amend a system of records. SUMMARY: In accordance with the Privacy...
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A judicial review of political questions under Islamic law
Directory of Open Access Journals (Sweden)
Abdulfatai O. Sambo
2014-06-01
Full Text Available The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW. The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary.
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2013-05-20
... United States makes recommendations to administrative agencies, the President, Congress, and the Judicial... improve the adjudication process for Social Security disability claims at the administrative law judge... benefit-cost analyses that accompany proposed and final rules. Science in the Administrative Process. This...
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9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.
2010-01-01
... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Procedure for judicial seizure... Detention; Seizure and Condemnation; Criminal Offenses § 381.216 Procedure for judicial seizure, condemnation, and disposition. Any poultry or other article subject to seizure and condemnation under this...
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STEP TO CIVIL SOCIETY (ON HISTORICAL ROLE OF JUDICIAL REFORM OF 1864
Directory of Open Access Journals (Sweden)
Анна Дмитриевна Попова
2014-12-01
Full Text Available The article deals with the importance of the judicial reform of 1864 for the course of Alexander's modernization and analyzes the role of the judicial reforms for various aspects of life in the post-reform Russia. There is used a wide range of sources - archival materials, memoirs of contemporaries of that period, publications of periodicals. The author concludes that the judicial reform of 1864 should be considered as a significant step towards civil society. The analysis of the sources shows that the judicial reform of 1864 contributed to the increase in the protection of human rights and freedoms. The activities of new courts changed the public consciousness - in the society there was growing representation of rule of law, necessity to respect the rights and freedoms of others, to meet obligations. The judicial reform played a major role in the process of merging classes, the development of market relations. Thus, the introduction of the controversial independent public trial not only improved the justice, but was also an important step in the formation of civil society in Russia.
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Environmental Public Policies: Legalization and Judicial Activism for Sustainable De-velopment
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Belinda Pereira Cunha
2016-12-01
Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, we intend to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development.
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The relationship between administrative court control and legislative control
International Nuclear Information System (INIS)
Beckmann, M.
1986-01-01
The legislator can determine the extent of control of administrative courts by reduction of substantive conditions. The author has the opinion that the judicial control cannot be stricter than the legislative control. For the range of the control of administrative courts is decisive, to what extent the legislator is forced to proper legislative settlements. In this context the author discusses the Kalkar-decision of the Federal Constitutional Court of 1978. (CW) [de
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Settlement. 24.304 Section 24.304... DEPARTMENT OF JUSTICE ADMINISTRATIVE PROCEEDINGS Procedures for Considering Applications § 24.304 Settlement. A prevailing party and Department counsel may agree on a proposed settlement of an award before...
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Directory of Open Access Journals (Sweden)
Seyedhossein Seyyedhoseini Davaraani
2014-07-01
Full Text Available Objective: Current study was conducted to develop a pain control protocol by Morphine Sulfate (MS Suppository in triage ward with the main primary outcomes of first analgesic administration time, patients' satisfaction and also the changes in pain intensity. Methods: In this randomized clinical trial, 318 consecutive patients attending to an academic tertiary health care center in Tehran, Iran in 2011 and 2012 were enrolled. The patients were randomly assigned to receive either routine pain control by emergency medicine residents in emergency department (n=132 or pain control protocol in triage level by nurses (n=186. Those with pain in control group were treated with conventional pain control program and those in intervention group with pain intensities higher than four were treated with suppository stat 10 mg dose of MS administered by nurses in triage ward. Results: The mean change in pain intensity was significantly (P<0.0001 higher in intervention group (4.2 versus 0.2 and the first analgesic administration time was significantly different between groups (P<0.05 being less in the intervention group (43.1 versus 4.6. Also the patients' satisfaction was significantly higher in the intervention group (P<0.0001. No drug adverse effects were seen. Conclusions: Totally, according to the obtained results, it may be concluded that acute pain control protocol in triage department by suppository of MS would result in reduced analgesics administration time and higher patients' satisfaction. Keywords: Analgesia; Emergency Department; Pain Control
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FEDERAL PENSIONS: Judicial Survivors Annuities System Costs
National Research Council Canada - National Science Library
2002-01-01
...) specifying that we review certain aspects of the Judicial Survivors' Annuities System (JSAS), which is one of several survivor benefit plans applicable to particular groups of federal employees...
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Public Policy Environment: legalization and judicial activism for sustainable development
Directory of Open Access Journals (Sweden)
Belinda Pereira da Cunha
2017-04-01
Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, it sought to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development. The methodology used was a literature review and secondary data collection. It was noticed a different activism in the face of environmental issues.
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Judicial protection of pension rights: problems of theory and practice
Directory of Open Access Journals (Sweden)
Marina G. Sedelnikova
2018-01-01
and procedural legal order in pension legislation is proved. Such features include the retrospective of the pension legislation, the resolution of pension disputes in both administrative and judicial procedures, the inability to use the mediation procedures and settlement agreement, the specifics of the subject of the relevant dispute, a large number of exemptions from payment of state fees, and special requirements for the content of the operative part of the judgment.
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Judicial Review: Issues of State Court Involvement in School Finance Litigation.
Colwell, William Bradley
1998-01-01
Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…
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Judicial Review on Administrative Action: Reflection on the Bank Century Bailout Policy
Directory of Open Access Journals (Sweden)
Lily Evelina Sitorus
2016-04-01
Full Text Available Accountability is the key to good governance. In the global administrative law, every policy made should be accountable. The given law should be accessible for public. When global financial crisis happened, many countries didn't have the necessary rules to solve the problem arised. In Indonesia, the decision from government to bailout century bank is controversial as of right now. The need of comprehensive law in related to economic, political and social factor should be considered. The law of Administrative Governance of Indonesia (UU No 30/2014 had provided the code of conduct for government action. The placement of discretion in one whole chapter can be seen in two ways side-the restriction of government action and protection for public rights. In practice, the implementation of such rule is not accessible as the formulation intended. Harmonization with the law of Administrative Courts in Indonesia (UU No 5/1986 jo UU No 9/2004 jo UU 51/2009 is still needed.
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Judicial Functions in the Criminal Trial
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Constantin Tănase
2014-05-01
Full Text Available The separation of judicial functions falls, indisputably, in the news gallery of the Romanian criminal trial current rules. The previous Criminal Procedure Code, namely that of 1968, as well as the older ones, hadn‟t enrolled in their content such a principle. However, the doctrine identified, under mentioned legal regulations, the existence of distinct procedural functions and their need to separate, in the idea of genuine criminal justice accomplishment. These procedural functions were: the indictment function (or charges, the defense function the trial function. In the new code, this principle proclaims the existence of four judicial functions that aim the efficiency and speed of the criminal trial, but also guarantee the presumption of innocence, equal opportunity of parties, protection of rights and fundamental freedoms. This research try to explain this principle and its connections with other institutions of the criminal trial.
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20 CFR 667.830 - When will the Administrative Law Judge issue a decision?
2010-04-01
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false When will the Administrative Law Judge issue... Adjudication and Judicial Review § 667.830 When will the Administrative Law Judge issue a decision? (a) The ALJ... ARB must be decided within 180 days of acceptance. If not so decided, the decision of the ALJ...
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5 CFR 1201.127 - Judicial review.
2010-01-01
... PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.127 Judicial review. (a) An employee subject to a final Board decision imposing disciplinary action under 5 U.S... appropriate United States district court. 5 U.S.C. 1508. Special Counsel Corrective Actions ...
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Democracia e controle jurídico da constitucionalidade Democracy and judicial review
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Samuel Freeman
1994-04-01
Full Text Available O artigo enfrenta a objeção à "revisão judicial" (isto é a autoridade judicial para julgar a constitucionalidade dos atos dos poderes da República que a considera uma instituição antidemocrática. A revisão judicial pode ser democraticamente justificada. Para isso teremos que pensá-la como um compromisso coletivo prévio assumido pelos cidadãos na situação de escolha constitucional, no sentido de que não exercerão seus direitos políticos iguais de formas que coloquem em risco sua própria condição de portadores dos direitos da cidadania igual.Objections to the institution of judicial review as being incompatible with democracy are examined and refuted. Judicial review can be democratically justified, it is argued. This is possible if we conceive it as a previous collective compromise assumed by the citizens in the constitutional choice situation, to the effect that they would not exercise their equal political rights in ways that could put in danger their own condition of bearers of equal citizenship rights.
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ADMINISTRATIVE JUSTICE IN FRANCE. BETWEEN SINGULARITY AND CLASSICISM
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H. Flavier
2016-01-01
Full Text Available The administrative justice in France oscillates between classicism and singularity. Multiple factors explain how administrative justice has come to occupy a particular place in French administrative law. Administrative justice has not only settled disputes between administration and private persons, but as well, built the French administrative law. One of the main tasks during 19th and 20th century consisted in strengthen the independence from the executive branch and the efficiency in order to satisfy the idea of good justice. Many reforms have been led since the 1990’s. That is why we propose to depict the French system and evaluate the activity of French administrative justice concerning the judicial organization, its jurisdiction and the remedies before the administrative judge. We will enlighten also our paper with a comparative approach and some statistical elements.
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2010-07-01
... Judicial Administration DEPARTMENT OF JUSTICE INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS... process under § 30.6, the Attorney General, to the extent permitted by law: (1) Uses the state process to...
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The Impact of Judicial Reform on Crime Victimization and Trust in Institutions in Mexico.
Blanco, Luisa
2016-01-01
This article studies the impact of judicial reform in Mexico. It does so using a survey about crime victimization and perceptions of insecurity (Encuesta Nacional Sobre la Inseguridad [ENSI]) collected in 2005, 2008, and 2009 in 11 Mexican cities, 3 of which implemented the reform in 2007 and 2008. This analysis shows that judicial reform not only reduces victimization but also lowers perceptions of security. Although we find that judicial reform has a negative effect on trust in the local and federal police, judicial reform reduces the probability of being asked by the transit police for a bribe.
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37 CFR 251.58 - Judicial review.
2010-07-01
... determination on appeal, from depositing statements of account and royalty fees by those sections. [59 FR 23981... ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.58 Judicial review. (a) Any order of determination...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Discovery. 71.21 Section 71.21 Judicial... REMEDIES ACT OF 1986 Implementation for Actions Initiated by the Department of Justice § 71.21 Discovery. (a) The following types of discovery are authorized: (1) Requests for production of documents for...
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2010-07-01
... Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration... ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION... Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority. In a case arising under...
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PATIENT-CITIZEN-CONSUMERS: JUDICIALIZATION OF HEALTH AND METAMORPHOSIS OF BIOPOLITICS
Biehl,João
2016-01-01
Abstract Situated at the meeting points of Law and Medicine, the "judicialization of the right to health" is a contested and hotly debated phenomenon in Brazil. While government officials and some scholars argue that it is driven by urban elites and private interests, and used primarily to access high-cost drugs, empirical evidence refute narratives depicting judicialization as a harbinger of inequity and an antagonist of the public health system. This article's quantitative and ethnographic ...
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ABC estimation of unit costs for emergency department services.
Holmes, R L; Schroeder, R E
1996-04-01
Rapid evolution of the health care industry forces managers to make cost-effective decisions. Typical hospital cost accounting systems do not provide emergency department managers with the information needed, but emergency department settings are so complex and dynamic as to make the more accurate activity-based costing (ABC) system prohibitively expensive. Through judicious use of the available traditional cost accounting information and simple computer spreadsheets. managers may approximate the decision-guiding information that would result from the much more costly and time-consuming implementation of ABC.
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Trial Courts in the Judicial Process.
McKnight, R. Neal
1981-01-01
Describes a college course which examines the organizational and behavioral characteristics of trial courts in the American judicial process. A major course objective is to help students understand the trial court process as a political process by showing how trial court organizations are involved in the allocation of social values. (RM)
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The judicial process: an overview from the TDA Council on Ethics and Judicial Affairs.
Burk, Roy N
2011-08-01
From time to time, the Council on Ethics and Judicial Affairs must investigate and act on the alleged unethical behavior of Texas Dental Association members. Because the alleged behavior is directed at a colleague and TDA member, the work of the council is neither comfortable nor inviting. Nonetheless, council decisions are made taking into account its mission to investigate the allegation between the parties and to improve dental ethics in the state.
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28 CFR 68.36 - Ex parte communications.
2010-07-01
....36 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF... communications. (a) General. Except for other employees of the Executive Office for Immigration Review, the...
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28 CFR 0.55 - General functions.
2010-07-01
... Administration Act, the Federal Seed Act, the Gold Reserve Act of 1934, the Hours of Service Act, the Animal... (18 U.S.C. 1761-1762), the Safety Appliance Act, standard barrels (15 U.S.C. 231-242), the Sugar Act... Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Criminal Division...
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Judicial Review of Antitrust Decisions: Q&A
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Roberto Giovagnoli
2015-07-01
Full Text Available The RIA/IAR asked several experts to give their opinion on the Italian system of judicial review of antitrust decisions and its compatibility with art. 6 of the ECHR following a set of common questions.
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Fit-For-Purpose Land Administration
DEFF Research Database (Denmark)
Enemark, Stig
2015-01-01
The term “Fit-For-Purpose Land Administration” indicates that the approach used for building land administration systems in less developed countries should be flexible and focused on serving the purpose of the systems (such as providing security of tenure and control of land use) rather than...... focusing on top-end technical solutions and high accuracy surveys. Of course, such flexibility allows for land administration systems to be incrementally improved over time. This paper unfolds the Fit-For-Purpose concept by analyzing the three core components: The spatial framework (large scale land parcel...... mapping) should be provided using affordable modern technologies such aerial imageries rather than field surveys. The legal framework must support both legal and social tenure, and the regulations must be designed along administrative rather than judicial lines. The fit-for-purpose approach must...
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28 CFR 544.82 - General program characteristics.
2010-07-01
... Section 544.82 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT..., state departments of education, or other recognized accrediting educational organizations; (2... through a sponsoring accredited educational institution; (3) General Educational Development tests...
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[The thesis of judicialization of health care by the elites: medication for mucopolysaccharidosis].
Medeiros, Marcelo; Diniz, Debora; Schwartz, Ida Vanessa Doederlein
2013-04-01
This paper evaluates the hypothesis that the judicialization of medicine for mucopolysaccharidosis in Brazil is an action promoted by economic elites. Previous studies upholding the thesis of judicialization by elites in the case of other types of medication that are more costly for the Unified Health Service are discussed. An analysis of all 196 processes containing information about judicial processes brought to court between February 2006 and December 2010 that ended by determining that the State should provide such medication free of charge to patients was conducted. There is evidence that attorneys' fees were covered by entities interested in the results of judicialization, such as the distributors or pharmaceutical industries. Patients may also be migrating for diagnosis and treatment to university centers that are a benchmark for medical innovation in the country, as the option for public health services is related to their higher technical and scientific capacity. Therefore, the resort to private lawyers, indicators of social exclusion based on the address of patients and the use of public health services, are not adequate class information to corroborate or refute the thesis of judicialization by the elites.
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Judicialization of International Relations: Do International Courts Matter?
Czech Academy of Sciences Publication Activity Database
Malíř, Jan
2013-01-01
Roč. 3, č. 3 (2013), s. 208-224 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : judicialization * international relations * legal and extralegal factors Subject RIV: AG - Legal Sciences
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Democracy and judicial activism: some considerations about causes and consequences
Directory of Open Access Journals (Sweden)
Claudio Ladeira de Oliveira
2015-06-01
Full Text Available In this paper I discuss the conflicting relationship between the “judicial activism” and representative democratic procedures. First, I discuss some definitions that enhance aspects “normative/prescriptive” of “activists” judicial positions and the functioning of “real existing” democratic institutions. Second, we discuss patterns of arguments that are used by courts to decide politically controversial issues as well as political and institutional factors that stimulate the occurrence of “activists” positions.
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28 CFR 68.15 - Intervenor in unfair immigration-related employment cases.
2010-07-01
... employment cases. 68.15 Section 68.15 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING... FRAUD § 68.15 Intervenor in unfair immigration-related employment cases. The Special Counsel, or any...
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Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union
DEFF Research Database (Denmark)
Butler, Graham
2018-01-01
incrementally shaping the law of EU external relations, and determining the manner in which the Union may enter into formal international relations. Understanding the Court’s importance in this field has been done time and again, but yet, consideration of the pre-ratification judicial review option, available...... for how ex ante judicial review can work in developing the Union into an even more enhanced global actor, through its own unique judicial order....
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Constitutional provisions on judicial independence and EU standards
Directory of Open Access Journals (Sweden)
Kolaković-Bojović Milica
2016-01-01
Full Text Available Implementation of the 'Checks and balances' principle as one of the milestones in modern democracies, demonstrates its full complexity when it comes to balancing guaranties of judicial independence and the need to prevent misinterpretation or abuse of the rights. Additional issue in that process is determination of the border line between constitutional and guaranties of judicial independence prescribed by law. Raising that issue opens various questions which go beyond the legal framework itself. It actually tackles the historical, political and cultural country background. Furthermore, if analyzed from the prospective of the requirements defined in the accession negotiation process with the EU, constitutional guaranties of (nonapplication of the EU standards might demotivate candidate countries in their efforts to achieve substantial reform results.
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28 CFR 0.23 - General functions.
2010-07-01
... Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 2-Office of Legal... communication among Federal legal offices with the goal of achieving effective, consistent, and efficient..., as appropriate, in internal budget hearings of the Department with regard to policy implications of...
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9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.
2010-01-01
... judicial seizure and condemnation. 329.6 Section 329.6 Animals and Animal Products FOOD SAFETY AND... PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES § 329.6 Articles or livestock subject to judicial seizure and condemnation. Any carcass...
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Directory of Open Access Journals (Sweden)
Marcio Renan Hamel
2010-12-01
Full Text Available Resumo O presente texto aborda o crescente fenômeno da judicialização da política no contexto brasileiro, questionando se a principal metodologia do Poder Judiciário deve ser a de criar espaços ou a de ser espaço. A defesa é embasada na obra do filósofo Jürgen Habermas, apontando-se para um aumento da atividade procedimental democrática de deliberação pública, legitimando a lei positiva e diminuindo a intervenção judiciária. Palavras-chave: Judicialização; política; procedimento; democracia; jurisdição. Abstract The present text deals with the growing phenomenon of politics judicialization in the brazilian context, questioning wheter the main methodology of the Judiciary should be to create spaces or to be space. The defence is based on the work of the philosopher Jürgen Habermas, pointing to an increased of the democratic procedural activity of public deliberation, legitimising positive law and decreasing judicial intervention. Keywords: Judicialization; policy; procedure; democracy; jurisdiction.
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Judicial Decisions in the Field of Labour Law.
International Labour Review, 1993
1993-01-01
Summarizes recent judicial decisions in various countries concerning application of general legal principles to labor law, access to employment, conditions of employment, occupational safety and health, social security, and labor relations. (Author/SK)
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2008-05-01
This document describes the hydrogen transit bus evaluations performed by the National Renewable Energy Laboratory (NREL) and funded by the U.S. Department of Energy (DOE) and the U.S. Department of Transportations Federal Transit Administration (...
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A GUI Prototype for the Framework of Criminal Judicial Reasoning System
Thammaboosadee, Sotarat; Silparcha, Udom
2009-01-01
This paper proposed a developed graphical user interface (GUI) prototype, whichis supported by the framework of data mining techniques-based criminal judicial reasoning system.The GUI sequences of the prototype are satisfied with criminal judicial procedure in civil lawsystem. Initially, user must build the model by input the existing incident and specifying the detail ofobjects, elements of crime, charge and judgment. After enough training, the prototype will be readyto determine judgments f...
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Racial Differences in Opiate Administration for Pain Relief at an Academic Emergency Department
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Dickason, R. Myles
2015-05-01
Full Text Available Introduction: The decision to treat pain in the emergency department (ED is a complex, idiosyncratic process. Prior studies have shown that EDs undertreat pain. Several studies demonstrate an association between analgesia administration and race. This is the first Midwest single institution study to address the question of race and analgesia, in addition to examining the effects of both patient and physician characteristics on race-based disparities in analgesia administration. Methods: This was a retrospective chart review of patients presenting to an urban academic ED with an isolated diagnosis of back pain, migraine, or long bone fracture (LBF from January 1, 2007 to December 31, 2011. Demographic and medication administration information was collected from patient charts by trained data collectors blinded to the hypothesis of the study. The primary outcome was the proportion of African-Americans who received analgesia and opiates, as compared to Caucasians, using Pearson’s chi-squared test. We developed a multiple logistic regression model to identify which physician and patient characteristics correlated with increased opiate administration. Results: Of the 2,461 patients meeting inclusion criteria, 57% were African-American and 30% Caucasian (n=2136. There was no statistically significant racial difference in the administration of any analgesia (back pain: 86% vs. 86%, p=0.81; migraine: 83% vs. 73%, p=0.09; LBF: 94% vs. 90%, p=0.17, or in opiate administration for migraine or LBF. African-Americans who presented with back pain were less likely to receive an opiate than Caucasians (50% vs. 72%, p<0.001. Secondary outcomes showed that higher acuity, older age, physician training in emergency medicine, and male physicians were positively associated with opiate administration. Neither race nor gender patient-physician congruency correlated with opiate administration. Conclusion: No race-based disparity in overall analgesia administration was
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Kewenangan Judicial Review Mahkamah Konstitusi
Qamar, Nurul
2012-01-01
The Doctrine of Judicial Review as a legal order to perform the reviewand or re-testing of the laws and regulations within the meaning of the WetGrondwet (testing constitutionalism), the constitution or the constitution bythe Constitutional Court even though relatively new in the state system, buthas grown and developed rapidly both in countries of the Common Law Systemas well as adherents of the countries adherents Civil Law System, even in countries adherents Law Mixed System that claims hi...
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A. Naudé Fourie (Andria)
2009-01-01
textabstractThis PhD dissertation conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank – which is conceived as an international institution exercising public power. The author
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Directory of Open Access Journals (Sweden)
Maria Paula Saffon
2011-05-01
Full Text Available Desde su creación en 1991, la Corte Constitucional colombiana (en adelante, CCC ha sido uno de los principales protagonistas de la vida política e institucional del país. Su vigorosa intervención en varios asuntos económicos, políticos y sociales ha promovido cambios importantes en el balance institucional de poder, así como en la vida de minorías y grupos sociales tradicionalmente excluidos. Este activismo judicial progresista ha propiciado una gran cantidad de debates académicos y políticos: si bien ha tenido defensores entre algunos académicos, miembros de movimientos sociales, e incluso varios actores políticos y miembros de la rama judicial, también ha tenido muchos críticos entre esos y otros sectores más poderosos.
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Directory of Open Access Journals (Sweden)
Antonio Gomes de Vasconcelos
2016-10-01
Full Text Available The article proposes a present thinking as the possibility of reaching solutions to some social security and labor issues in democratic rule of law using judicial cooperation in the search for effective social law of social security. The current legal constructivism, also called judicial activism in its manifestation of legal instrument to weigh yourself to get and verify the approach of social dialogue for more proactive attitude of the court, in which the actors involved in the conflict are called to have a more active participation on problem situations, requiring them more than mere legal interpretation in philosophical hermeneutics.
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Directory of Open Access Journals (Sweden)
ADRIANA ELENA BELU
2012-05-01
Full Text Available The instance which solved the fund of the litigation rising from an administrative contract differs depending on the material competence sanctioned by law, in contrast to the subject of the commercial law where the execution instance is the court. In this matter the High Court stated in a decision1 that in a first case the competence of solving the legal contest against the proper forced execution and of the legal contest that has in view the explanation of the meaning of spreading and applying the enforceable title which does not proceed from a jurisdiction organ is in the authority of the court. The Law of the Administrative Contentious no 554/2004 defines in Article 2 paragraph 1 letter t the notion of execution instance, providing that this is the instance which solved the fund of the litigation of administrative contentious, so even in the case of the administrative contracts the execution instance is the one which solved the litigation rising from the contract. Corroborating this disposal with the ones existing in articles 22 and 25 in the Law, it can be shown that no matter the instance which decision is an enforceable title, the execution of the law will be done by the instance which solved the fund of the litigation regarding the administrative contentious.
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The judicial reception of competition soft law in the Netherlands and the UK
Georgieva, Zlatina
2016-01-01
The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. A comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial attitudes to soft law
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The judicial reception of competition soft law in the Netherlands and the UK
Georgieva, Zlatina
2015-01-01
The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. For this purpose, a comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial
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Department of Defense Annual Report on Sexual Assault in the Military. Fiscal Year 2011
2012-04-01
better understand the link between drugs (e.g., illicit, prescription, and/or synthetic drugs, and alcohol consumption) and sexual assault, the National... marijuana and arrested. Due to Subject’s arrest and pending EAS, no further administrative or judicial action will be initiated by Command. 71a
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2010-07-01
...) Review by the Attorney General. When a final order of an Administrative Law Judge or the Chief... 274A or 274C to the Attorney General for review. 68.55 Section 68.55 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE...
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42 CFR 457.203 - Administrative and judicial review of action on State plan material.
2010-10-01
... determines that his or her original decision was incorrect, CMS will pay the State a lump sum equal to any... with the Administrator's action on State plan material under § 457.150 may, within 60 days after... of hearing. Within 30 days after receipt of the request, the Administrator notifies the State of the...
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Judicial Reform Pursuits in Ethiopia, 2002-2015:
African Journals Online (AJOL)
EN_Stebek
research on specific themes related with judicial reform. 1 Report and ... focused on legal education and law reform; the second, on basic needs legal aid; the third ... realities that brought about the challenges in achievement because the most .... (a) when the judiciary's public reputation for political impartiality and rectitude.
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The Court of Justice and Effective Judicial Protection: What Has the Charter Changed?
Prechal, A.
2015-01-01
Since the coming into force of the Charter as primary law of the EU, Article 47 CFR is ‘the reference standard’ when the Court deals with issues of ffective judicial protection. However, the general principle of effective judicial protection existed already for some 25 years, developed in the case
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Juizados Especiais e Ativismo Judicial à Luz de Luis Alberto Warat
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Zenildo Bodnar
2012-07-01
Full Text Available This article addresses, in a punctual way, some reflections on the judicial activism in the Special Courts camp. It seeks to evaluate the existence of a place for the conciliator in the stir that permeates the procedural and substantial models of legal proceedings. For this, as theoretical references, the postulates of Luis Alberto Warat are used, in order to overcome such dyad in favor of an effective judicial protection, without following the ways of the Free Movement of Law and Instrumentality of Process. For the development of this research, it has been used the inductive method, operated by the operational concepts and techniques of literature.Resumo: O presente artigo aborda de forma pontual algumas reflexões sobre o ativismo judicial na seara dos Juizados Especiais. Procura-se avaliar a existência de um lugar para o conciliador na celeuma que permeia os modelos procedimentalistas e substancialistas de processo jurisdicional. Para tanto, como referencial teórico utiliza-se os postulados de Luis Alberto Warat no intuito de superar a referida díade em favor de uma tutela judicial efetiva, sem que se trilhe os caminhos do Movimento do Direito Livre e da Instrumentalidade do Processo. Utilizou-se, para o desenvolvimento desta pesquisa, o método indutivo, operacionalizado pelas técnicas de conceitos operacionais e da pesquisa bibliográfica.
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Evaluating Judicial Performance and Addressing Gender Bias
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Angela Melville
2014-12-01
Full Text Available Elek and Rottman argue that judicial evaluation is often biased against women and minority judges. The need to address bias is important, however often the desire for diversity seems so self-evident as to belie deeper analysis. This paper examines the two main rationales for gender equality on the bench. First, female judges are often considered necessary in order to bring a gendered perspective to judging, however it is argued that this rationale is flawed. Second, an alternative rationale based on equality and legitimacy is offered which avoids gender essentialism. While debates typically focus on these two rationales, a third rationale embraces both difference and equality/legitimacy. The presence of female judges has an important symbolic value which destabilises existing fraternal legal norms. Finally, increasing the number of female judges may not necessarily change judging, and this paper also analyses how the transformative potential offered by judicial diversity can work in practice. Elek y Rottman defienden que la evaluación judicial suele estar sesgada en contra de las mujeres y los jueces pertenecientes a minorías. La necesidad de abordar el sesgo es importante, sin embargo a menudo el deseo de diversidad parece tan evidente como para contradecir un análisis más profundo. Este artículo examina los dos motivos principales para la igualdad de género en el banquillo. En primer lugar, las mujeres jueces a menudo se consideran necesarias para aportar una perspectiva de género al hecho de juzgar, sin embargo, se defiende que este razonamiento es erróneo. En segundo lugar, se ofrece una alternativa lógica basada en la igualdad y la legitimidad que evita el esencialismo de género. Mientras que los debates suelen centrarse en estas dos razones, una tercera justificación abarca tanto la diferencia como la igualdad/legitimidad. La presencia de mujeres en la judicatura tiene un importante valor simbólico que desestabiliza las normas
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16 CFR 1502.11 - Judicial review after waiver of hearing on a regulation.
2010-01-01
... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Judicial review after waiver of hearing on a regulation. 1502.11 Section 1502.11 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS... petition for judicial review in a U.S. court of appeals under the appropriate statute. (1) The record for...
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Directory of Open Access Journals (Sweden)
Emerson Moura
2016-07-01
Full Text Available The role played by the administrative apparatus through the Department of Administrative Services in the Government policy Vargas is the object put in debate. Analyzes the theme from the the investigation of patrimonial, authoritarian and inefficient context which marks the formation and development of administrative bureaucracy, the tenders of professionalization and efficiency brought by the administrative reforms of the 1930s and 1940s with the contrast of the limitations of the import of the Weberian model in the Brazilian context and analysis of the establishment of the New State DASP and their assignments. Search the work demonstrate the control position he held directly and through the State Departments in the Brazilian Public Administration ensuring centralized and developmental policy of the government. For this is adopted as the research method of approach structuralism in order to identify the deconstruction of the phenomenon - of administrative reforms - in the superficial perception - the proposed impersonality and efficiency as the best way of achieving the public interest - its invariant structure - the search for the adequacy of the administrative apparatus and bureaucracy for pursuit of political ends pursued by the Government.
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2010-07-01
... Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT MISCELLANEOUS...-study educational courses. Institutional staff may also arrange for educational assistance to the... institution's educational program. ...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false International Terrorism Victim Expense... Administration DEPARTMENT OF JUSTICE (CONTINUED) CRIME VICTIM SERVICES International Terrorism Victim Expense Reimbursement Program Pt. 94, Subpt. A, App. Appendix to Subpart A—International Terrorism Victim Expense...
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Access the Unified Health System actions and services from the perspective of judicialization.
Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corrêa; Spindola, Thelma; Nogueira, Virginia Paiva Figueiredo
2016-01-01
the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health.
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A harpoon for Greenpeace?: judicial review of the regulation of radioactive substances
International Nuclear Information System (INIS)
Purdue, M.
1994-01-01
The judgement is reported on an application by Greenpeace Ltd for a judicial review of the decision by HMI of Pollution and the Ministry of Agriculture, Fisheries and Food to grant BNFL permission to test the new thermal oxide reprocessing plant. An analysis follows examining the issues relating to the process of judicial review in the UK and discussion of some of the substantive points raised by the litigation. (UK)
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28 CFR 63.5 - Responsibilities.
2010-07-01
... Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION... Environmental Quality, and the Federal Insurance Agency (FIA) are kept informed of the Department's execution of the Orders, as necessary, and (3) Will determine, and revise on a continuing basis, which components...
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A expansão dos poderes judiciários The expansion of the judiciary powers
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Lilia Ferreira Lobo
2012-01-01
Full Text Available O presente artigo propõe-se a comentar um texto de Foucault pouco conhecido e que não foi incluído na publicação francesa dos Ditos e Escritos. Além de apresentar esta publicação, que tem como título La redéfinition du judiciable (A redefinição do judiciável, pretende trazer algumas considerações sobre as questões sugeridas por Foucault, bem como algumas indicações sobre o que hoje nos acontece em termos da judicialização do nosso cotidiano. O texto traz uma análise do papel da justiça, daquilo que vem se tornando ou que é objeto de julgamento judiciário, discutindo o que caracteriza a difusão das funções judiciárias através de todo o corpo social na atualidade.This article aims to comment an unfamiliar article by Foucault, not included in the french edition of Dits et Écrits. Beyond presenting this publication, which is entitled La redéfinition du judiciable (The redefinition of the judiciable, it pretends to bring some considerations about the questions that Foucault suggests, as well as some indications about what is happening with us now-a-days in terms of the judicialization of the everyday life. The text brings an analysis of the roll of justice, of what is turning into or what is the object of judiciary judgment, discussing the elements which characterize the diffusion of the judiciary functions through the whole social body.
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Cláudia de Lurdes da Silva Gonçalves
2015-12-01
Full Text Available La Ley 11.101/2005, que regula sobre la recuperación judicial, extrajudicial y falencia, de la manera como está escrita, nos lleva una lectura taxativa. En un primer momento nos lleva a creer que no habrá intervención del poder judicial sobre las decisiones tomadas por la Junta de Acreedores. Sin embargo, como veremos más adelante, la jurisprudencia se ha ocupado sobre la intervención del poder judicial de una manera diferente de lo que está previsto en ley. El propósito de este ensayo es tratar de comprender las razones que fundamentan las intervenciones y sus cualidades. Esta investigación se desarrolló a través del método de interpretación sistémica, teniendo en su base tanto el estudio de la propia ley, como también una análisis de la jurisprudencia.
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Chastity and Sexual Honesty of Young Women from the Judicial Perspective
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Gustavo Fondevila
2008-07-01
Full Text Available In this article it is analyzed the way in which the judicial scope has outlined the acceptable sexual behavior of young women in the Mexican society. Since the beginning of the 20th century up to now, the constitutive elements of sexual crimes have served to construct a socially acceptable (moral ideal of sexuality for young people. In this sense, social judgments as much as, judicial decisions agree in defining this ideal under the form of chastity, sexual honesty and purity.
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FROM THE POLISH WORKS ON THE CODIFICATION OF JUDICIAL PRINCIPLES OF CONDUCT
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Korzeniewska-Lasota Anna
2017-12-01
Full Text Available In the article the author depicts the process of creating the codification of judicial principles of professional conduct. Firstly, the author describes the beginnings of the “model of a good judge”, followed thereafter by discussion in judicial environment on the need of normative conceptualization of the principles of conduct, which would constitute a separate collection. The proposals of the ethical codifications are presented, together with the two concluding works: The Judicial Set of Principles of Conduct [Zbiór zasad postępowania sędziów] created by the Association of Judges “Iustitia” and The Set of Principles of Professional Conduct for Judges and Candidate Judges [Zbiór zasad etyki zawodowej sędziów i asesorów Sądowych] by the National Council of the Judiciary in Poland.
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El uso de la información judicial (The use of judicial information
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Volkmar Gessner
2011-02-01
Full Text Available Los datos empíricos de juzgados y sistemas judiciales se analizan con mucha frecuencia tanto en estudios comparativos, como en estudios económicos y sociológicos, sin embargo, los agentes implicados en proyectos de reformas judiciales como jueces, profesores de derecho, funcionarios o políticos no hacen un uso adecuado de los mismos. Este artículo sugiere que esto tiene un origen estructural, que asigna roles sociales diferentes a estos actores. Una solución puede ser la creación de centros de investigación especializados. Una aproximación más amplia, plural y democrática es buscar la transparencia en internet, dando acceso al público general a todo tipo de documentos, incluyendo estadísticas judiciales y estudios empíricos. Se han visitado y categorizado en función de su contenido gran número de páginas web de juzgados, para conocer el nivel de transparencia judicial. Las primeras posiciones en cuanto al nivel de transparencia lo han obtenido algunas páginas anglosajonas, que ofrecían información legal, económica, organizacional y empírica, y que además ofrecían ayuda para utilizar estos datos. Sin embargo, este esfuerzo no alcanza su objetivo si la información no se utiliza. Si se quiere medir el uso real de los contenidos de las páginas judiciales no es suficiente con contar su número de visitas, sino que es necesario conocer más sobre las motivaciones que generan esas visitas. Afortunadamente, se ha encontrado un sitio web (mexicano que ofrece información sobre los visitantes: sus preocupaciones, su “historia” e incluso sus nombres y (en ocasiones su lugar de residencia. Estas peticiones se han evaluado cuidadosamente, y se analizan en este artículo. Se ha descubierto que hay una gran demanda de información empírica sobre los juzgados y las prácticas judiciales. La transparencia en internet parece ser una solución, aunque todavía se deben explorar las mejores formas de ofrecer la información judicial
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49 CFR 551.45 - What is the purpose of this subpart?
2010-10-01
... service of administrative or judicial notices or processes may be made. ... TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PROCEDURAL RULES Service of Process on Foreign Manufacturers and Importers Designation of An Agent for Service of Process § 551.45 What is the purpose of this...
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Public Litigation and the Concept of “Deference” in Judicial Review
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Abraham Klaasen
2015-12-01
Full Text Available The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter or an issue connected with a decision on a constitutional matter. The Court may hear any matter, if the Constitutional Court grants leave to appeal because the matter raises an arguable point of law of general public importance that ought to be considered by that court. The Constitution makes it clear that courts are independent and subject only to the Constitution and the law. All persons to whom and organs of state to which a court order or decision applies are bound by it. It is important that the courts employ a standard of judicial review that is compatible with constitutional principles and values. The Constitutional Court subscribes to a standard of “deference” in judicial review. This principle recognises the need to protect the institutional character of each of the three arms of government in a manner that will prevent their ability to discharge their constitutional role being undermined. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. Around the world, litigation or judicial review has become immensely popular as a treatment for the pains of modern governance. South Africa is no exception to this phenomenon. This activism by litigation consists of efforts to promote, impede, or direct social, political, economic, or environmental change, or stasis. Organisations and individuals often disregard or distrust the political process and approach the courts to advance their own interest and to protect their own rights. Litigants seek to enforce constitutional principles and values that affect others as directly as them and that are valued for moral or political reasons and are independent of economic
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2010-07-01
....72 Section 540.72 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL... which is distributed or made available through any means or media for a commercial purpose. This...
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Legal process, litigation, and judicial decisions.
Beresford, H Richard
2013-01-01
Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.
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Anderson Vichinkeski Teixeira
2012-06-01
Full Text Available O presente artigo tem como objetivo encontrar parâmetros para que se possa determinar quando o ativismo judicial deixa o âmbito da argumentação jurídica e se torna instrumento de decisão política. Para tanto tentamos definir um possível conceito de ativismo judicial e as suas origens na tradição jurídica estadunidense. Nesse primeiro momento utilizamos o método histórico analítico para contextualizar historicamente as categorias conceituais em estudo e o momento de surgimento do fenômeno nos Estados Unidos. Em seguida, passamos a estudar, com base no método crítico-comparativo, os elementos fundamentais que caracterizam a racionalidade política e a racionalidade jurídica. Ao final, discutimos as perspectivas para um juiz ativista no Brasil, especialmente quando atue na proteção dos direitos fundamentais e na garantia da supremacia da Constituição. Em termos gerais, nossas conclusões apontam critérios que permitam a definição do que seria um ativismo judicial positivo, em detrimento da sua espécie nociva à saúde da ordem constitucional.This article has as general goal to find parameters in order to determine when the judicial activism leaves the field of legal argumentation and becomes an instrument of political decision. To this end, we started trying to define a possible concept of judicial activism and its origins in the United States juridical tradition. In this first moment, we use the historical analytical method to try to contextualize historically the conceptual categories under study and the conditions of emergence of this phenomenon in the United States. Following, on the basis of the critical comparative method, we began to study the fundamental elements that characterize political rationality and legal rationality. At the end, we discuss the prospects for an activist judge in Brazil, especially when acting in the protection of fundamental rights and ensuring the supremacy of the constitution. In general
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Confrontation Between Judicial Activism and State of Exception
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Alexandre Pedro Moura D’Almeida
2017-01-01
Full Text Available The judiciary has excelled in the international and national scene, reaching role of great importance, thus creating opposition to the legislative and executive powers. The center of gravity of the sovereign power of the state moves toward the judiciary, that happens to have a more active role and controlling of the others powers, but also appears as a great defender of social and fundamental rights causes, seeking to make an effective constitution. Its great public notoriety has attracted great distrust of various sectors of society, especially by the two powers that have an increasing interference. Arises, therefore, a speech that the judiciary would be reversing into a big and uncontrollable power, increasing the suspicion that now it would be living in a real dictatorship of the judiciary through judicial activism. There is a growing concern with the expansion of activism and the role of the judiciary. The purpose of this work is to conceptualize and approach the judicial activism and the state of exception to search and reveal if there is any similarity, to then draw up a possible answer to the concern of forming a dictatorship of the judiciary. The state of exception is one of the rule of law paradoxes, while activism is a political manifestation of the judiciary. The similarity between the institutes appears as appalling in a dynamic expansion of political power of a state institution exercising judicial function, putting in check who would be the sovereign in a rule of law and democratic state.
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André Melo Gomes Pereira
2016-10-01
Full Text Available Purpose – This paper focuses on the relationship between the performed normative function and the judges’ internal independence, often by general and abstract commands, for self-government agencies with regulation functions in the Judiciary. Methodology/approach/design – This study implements analyses of standards and regulation literature, normative function, self-government and judicial independence. Illustratively, courts’ decisions on specific cases were analyzed. Special attention was given to the theoretical bases of regulation, the normative function of government agencies and to the democratization proposal of judicial self-government, a model notedly proposed by Zaffaroni. Findings – Self-government implies regulation. Regulation involves the exercise of normative function. Internal democratization of judicial self-government and participation of all regulated agents in the Judiciary are necessary tools to ensure legitimacy and the internal independence for the exercise of normative functions and the whole set of activities put forward by self-government agencies. Practical implications – The paper discusses a change in the institutional design of self-government in the Judiciary and the limits imposed by its the normative function. Originality/value – It correlates the regulatory function developed by self-government agencies with the assurance of judges’ internal independence.
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28 CFR 0.105 - General functions.
2010-07-01
... Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Immigration and....C. 1103) and excepting the authority delegated to the Executive Office for Immigration Review, the... Nationality Act and all other laws relating to immigration (including but not limited to admission, exclusion...
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28 CFR 600.3 - Qualifications of the Special Counsel.
2010-07-01
... informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be.... 600.3 Section 600.3 Judicial Administration OFFICES OF INDEPENDENT COUNSEL, DEPARTMENT OF JUSTICE... appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A...
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Judicial Decisions in the Field of Labour Law.
International Labour Review, 1982
1982-01-01
Presents a selection of summaries of recent judicial decisions in a number of countries concerninq the application of general legal principles to contracts of employment, acquired rights, liability of employers and workers, access to employment, nature of the employment relationship, and more. (Editor/CT)