WorldWideScience

Sample records for judicial administration department

  1. 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.

  2. Administrative and Judicial Cooperation in France

    NARCIS (Netherlands)

    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 crimin

  3. JUDICIAL CONTROL OF ENVIRONMENTAL ADMINISTRATIVE ACT = CONTROLE JUDICIAL DO ATO ADMINISTRATIVO AMBIENTAL

    Directory of Open Access Journals (Sweden)

    Adriano Garcia de Souza

    2012-01-01

    Full Text Available This work evaluated the current judicial control of the environmental administrative acts, considering the evolution of the legal doctrine after the Federal Constitution of 1988. The legal conception of the environmental administrative act has, gradually, being modified after the promulgation of the Federal Constitution of 1988. The insertion, in the constitutional text, of directional principles of the public administration, together with specific commandments of the environmental protection, forced the law scholars to modify the traditionalistic vision of the principle of the presumption of legality of the administrative act, when it is able to cause significant environmental damage to biodiversity. Such positioning of the legal doctrine has forced some courts to judge, more severely, the principles of the environmental administrative act, analyzing not only the formal aspects of its establishment, but also its motivation, reasonableness proportionality and purpose. However, the defense of the doctrines of the administrative law in the amplification of the judicial control of the environmental administrative act is not causing a sensible alteration in the jurisprudence that still reflects a positioning of the courts in the exclusive analysis of its formulation. The extended judicial control, although not yet a rule in the judicial analysis of the environmental administrative acts, demonstrates a way to be pursued in the preservation of the natural resources, amplifying and diversifying the existing control mechanisms. = Este trabalho visa avaliar o controle judicial atual dos atos administrativos ambientais, considerando a evolução da doutrina jurídica pós Constituição Federal de 1988, cuja concepção vem, paulatinamente, sendo alterada a partir de então. A inserção, no texto constitucional, de princípios norteadores da administração pública, aliada aos mandamentos específicos da tutela ambiental, vem levando os estudiosos do

  4. 5 CFR 837.803 - Cancellation of retirement by judicial or administrative authority.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Cancellation of retirement by judicial or administrative authority. 837.803 Section 837.803 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT... Canceled Retirements § 837.803 Cancellation of retirement by judicial or administrative authority....

  5. 28 CFR 17.17 - Judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Judicial proceedings. 17.17 Section 17.17... CLASSIFIED INFORMATION Administration § 17.17 Judicial proceedings. (a)(1) Any Department official or... proceeding in any manner, the assigned Department attorney shall take all steps necessary to ensure...

  6. Administrative-judicial protection of electoral right: With analysis of the judicature of the Administrative Court of Serbia

    OpenAIRE

    Vučetić, Dejan; Janićijević, Dejan; Ranđelović, Nebojša

    2014-01-01

    The subject of analysis in this paper are regulations that govern the judicial protection of electoral right, especially the cases brought before the Serbian Administrative Court during the parliamentary and local elections of 2012 and 2014, the former of which are remembered by a number of alleged irregularities. We used a standard legal methodological apparatus to analyze the normative framework for administrative and judicial protection of electoral right. The paper analyzes the jurisprude...

  7. 26 CFR 301.6361-2 - Judicial and administrative proceedings; Federal representation of State interests.

    Science.gov (United States)

    2010-04-01

    ... supplemental audits or examinations of tax returns by State audit personnel), but all administrative... supplemental audits or examinations of tax returns by State audit personnel shall provide that the audits and... Seizure of Property for Collection of Taxes § 301.6361-2 Judicial and administrative proceedings;...

  8. ADMINISTRATIVE AND JUDICIAL REFORMS IN DAGESTAN IN THE ХIХ CENTURY

    OpenAIRE

    Asma Gadjievna MUSAEVA

    2015-01-01

    The article highlights the studies of the administrative-judicial reforms in Dagestan in the second half of the 19th century. These issues have always been in the centre of scientists’ attention. The studies imply a complex of issues related to the state and political structures on the territory of Dagestan in the first half of the 19th century, the legal system of Dagestan during the whole 19th century, and the administrative-judicial reforms in the second half of the 19th century. Having cu...

  9. An Overview Study of Performance Evaluation of Intellectual Property Administrative and Judicial Protection in China

    Institute of Scientific and Technical Information of China (English)

    Xu Xingxiang; Luo Juan

    2015-01-01

    Whether IP Administrative and judicial Protection in China is good or bad depends on the evaluation of protection effects of administrative and judicial organs. In China the evaluation system of IP protection performance consists of evaluation principles, evaluation elements and evaluation methods, evaluation principles includes the principle of designing two sets of indicators, the principle of closely linking with China' s national intellectual property strategy, the principle of openness and flexibility of performance evaluation indicators,the principle of standardability of the determination of performance evaluation indicators; evaluation elements consist of evaluator, evaluation tools and objects evaluated; evaluation methods here refers to the Delphi method and the method of network questionary survey.

  10. Administrative Judicial Decisions as a Hybrid Argumentative Activity Type

    OpenAIRE

    Plug, H.J.

    2016-01-01

    This article focuses on strategic manoeuvring that takes place in Dutch administrative judi- cial decisions. These decisions may be seen as a distinct argumentative activity type. Starting from the char- acteristics that traditionally are per- tinent to this activity type, I will explore how implications of current discussions on the changing task of the administrative judge may be- come manifest in the judge’s strate- gic manoeuvring by means of the presentation of argumentation and the intr...

  11. 28 CFR 0.49 - International judicial assistance.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false International judicial assistance. 0.49 Section 0.49 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Civil... authorities which are referred to the Department of Justice through diplomatic or other governmental...

  12. Administrative Judicial Decisions as a Hybrid Argumentative Activity Type

    NARCIS (Netherlands)

    Plug, H.J.

    2016-01-01

    This article focuses on strategic manoeuvring that takes place in Dutch administrative judi- cial decisions. These decisions may be seen as a distinct argumentative activity type. Starting from the char- acteristics that traditionally are per- tinent to this activity type, I will explore how implica

  13. 42 CFR 405.1804 - Matters not subject to administrative and judicial review under prospective payment.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Matters not subject to administrative and judicial... AND DISABLED Provider Reimbursement Determinations and Appeals § 405.1804 Matters not subject to... available for controversies about the following matters: (a) The determination of the requirement, or...

  14. 16 CFR 1101.46 - Other administrative or judicial proceeding exception.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Other administrative or judicial proceeding exception. 1101.46 Section 1101.46 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION CONSUMER PRODUCT SAFETY ACT REGULATIONS INFORMATION DISCLOSURE UNDER SECTION 6(b) OF THE CONSUMER PRODUCT SAFETY ACT Statutory Exceptions of Section 6(b)(4)...

  15. 论行政裁量的司法审查%Judicial Review of Administrative Discretion

    Institute of Scientific and Technical Information of China (English)

    章红艳

    2015-01-01

    在混乱的裁量观和不当的司法审查强度理念下,司法对行政裁量的“隐匿”审查广泛存在。要解决“隐匿”审查的问题,则应当在裁量观、司法审查标准、审查方式、判决方式等各方面作出努力。当然,该问题的最终解决赖于《行政诉讼法》的修订,而新修改的《行政诉讼法》并没对此作出整体性的规定。%In view of the mess of administrative discretion and the improper concept of the intensity of judicial review, judicial "hidden"review directed at administrative discretion is extensive .To solve the problem regarding the"hidden"review, efforts should be made in terms of administrative discretion , the standard of judicial review , the way of review and the method of making a decision .Of course , the ultimate resolution to this issue depends on the amendment of "Administrative Procedure Law", since the newly revised one does not involve with this integri-ty.

  16. Legal time limits vs. discretional limits of administrative judicial review in Albania

    Directory of Open Access Journals (Sweden)

    Gerti Shella

    2016-11-01

    Full Text Available Administrative courts in Albania were established in 2012, as a separate branch of the court system, following enactment of the Law No. 49/2012 “On the Organization and Functioning of the Administrative Courts and Adjudication of Administrative Disputes”. One of the main features of the administrative adjudication is the swiftness at which it should be carried out. The law provides carefully for many time limits and procedural deadlines, to achieve such intended effect. This article focuses specifically on the time limits of concluding (1 the judicial review in administrative courts and 2 on due delivery of the final decision in court secretariat. These two distinct procedural phases constitute 98% of the length of a court case in time terms. The main thesis of this paper is that time limits which are explicitly written and required by the law produce better results in terms of compliance of judges with law and higher efficiency compared to discretional time limits.

  17. ADMINISTRATIVE AND JUDICIAL REFORMS IN DAGESTAN IN THE ХIХ CENTURY

    Directory of Open Access Journals (Sweden)

    Asma Gadjievna MUSAEVA

    2015-01-01

    Full Text Available The article highlights the studies of the administrative-judicial reforms in Dagestan in the second half of the 19th century. These issues have always been in the centre of scientists’ attention. The studies imply a complex of issues related to the state and political structures on the territory of Dagestan in the first half of the 19th century, the legal system of Dagestan during the whole 19th century, and the administrative-judicial reforms in the second half of the 19th century. Having curbed the mountaineers as a result of more than 30 years of bloody war, the tsarist government had to seek ways and methods of their involvement in the system of political, administrative, economic and cultural life of the Russian Empire. Thus, the Russian government adopted the decision on forming a new administrative entity the Dagestan region (oblast, with the so called “military-folk” governance. Though it was introduced in Dagestan as a temporary form of governance, it existed until the overthrow of tsarism in 1917. 

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

    Directory of Open Access Journals (Sweden)

    Erlir Puto

    2016-03-01

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

  19. Insecurity in Contemporary Nigeria: Useful Lessons of Judicial Administration in the Old Ondo Province as a Panacea

    Directory of Open Access Journals (Sweden)

    AFE, Adedayo Emmanuel Ph.D

    2013-06-01

    Full Text Available The people of Old Ondo Province have for long appreciated the role of stable life as indispensable to the overall growth of the society. To maintain this, the people resorted to modern judicial administration, taking redress in court of justice instead of taking law into their hands. This paper, therefore, examines how judicial administration was a panacea for insecurity in the Old Ondo Province, 1914-1954. The judicial system curtailed gradation of courts which encouraged effective litigation and appeal process. The thesis of this paper is imperative since peace is the bedrock of the survival and development of any nation. This form of judicial process, if applied in contemporary life, would provide the impetus needed to mitigate prevailing security challenges. Primary and secondary sources were used. This paper concludes that the law of any nation that will develop should be humane, supreme and obeyed.

  20. On Judicial Governance of Administrative Discretion%论行政裁量的司法治理

    Institute of Scientific and Technical Information of China (English)

    顾大松; 周佑勇

    2012-01-01

    功能主义建构模式下,行政裁量的司法审查应实现控制向治理的重心转移。司法审查对行政规则的尊重,尚不能构成司法审查标准向行政法原则的转化,因此需要遵循法律系统发展的逻辑,实现从规则到原则的抽象化过程。最高人民法院通过典型案例的抽象,在很大程度上推进了行政裁量司法审查标准的原则化。%Under the functionalist building mode, the judicial review of administrative discretion should transfer emphasis from control to governance. Although the field of judicial review of administrative discretion, the court adopted the administrative rules with respect, but has not achieved the standard of judicial review of the conversion to the principles of administrative law, so need to follow the logic of the legal system development, and promote the process from rules to principles. Supreme Court through a typical ease of abstraction, in large part to promote the standard of judicial review of administrative discretion of the principle.

  1. 6 CFR 7.13 - Judicial proceedings.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Judicial proceedings. 7.13 Section 7.13 Domestic... Administration § 7.13 Judicial proceedings. (a) Any DHS official or organization receiving an order or subpoena... proceeding in any manner, the DHS General Counsel attorney, in conjunction with the Department of...

  2. Judicial control of administrative activity and advantages of reorganization of the juridical system in the Republic of Kosovo

    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.

  3. 31 CFR 363.45 - What are the rules for judicial and administrative actions involving securities held in...

    Science.gov (United States)

    2010-07-01

    ... administrative actions involving securities held in TreasuryDirect ®? 363.45 Section 363.45 Money and Finance... BUREAU OF THE PUBLIC DEBT REGULATIONS GOVERNING SECURITIES HELD IN TREASURYDIRECT General Provisions Governing Securities Held in TreasuryDirect § 363.45 What are the rules for judicial and...

  4. 76 FR 18144 - Committees on Administration & Management, Collaborative Governance, and Judicial Review

    Science.gov (United States)

    2011-04-01

    ...; ] ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Committees on Administration & Management, Collaborative...: Committee on Administration & Management The Committee on Administration & Management will meet to discuss...

  5. 76 FR 61072 - Committees on Administration and Management, Collaborative Governance, Judicial Review, and...

    Science.gov (United States)

    2011-10-03

    ...; ] ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Committees on Administration and Management, Collaborative...: Committee on Administration and Management The Committee on Administration and Management will meet...

  6. 76 FR 54730 - Committees on Administration and Management, Collaborative Governance, Judicial Review, and...

    Science.gov (United States)

    2011-09-02

    ...; ] ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Committees on Administration and Management, Collaborative...: Committee on Administration and Management The Committee on Administration and Management will meet...

  7. Establishing the Department's Credibility with Central Administration.

    Science.gov (United States)

    Makay, John J.

    1999-01-01

    Presents some of the comments the author has shared in recent years with a number of faculty, particularly colleagues who attended workshops he conducted at Bowling Green State University for new department chairs. Explains how the department increased its credibility. Blends explanations with ideas for establishing credibility from three…

  8. 28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

    Science.gov (United States)

    2010-07-01

    ... of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... of an Administrative Law Judge in cases arising under section 274B. Any person aggrieved by a final...

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

    Directory of Open Access Journals (Sweden)

    William Arnold

    2014-12-01

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

  10. 论高校学籍管理行为的司法审查%The Judicial Review of Student Enrollment Status Administration in Higher Education Institutions

    Institute of Scientific and Technical Information of China (English)

    戴国立

    2016-01-01

    学籍是学生身份的象征,学籍的注销或开除意味着学生身份的丧失。因此,学籍问题与公民的受教育权紧密相连,关系到公民受教育权利的实现。高校的学籍管理的内容非常广泛,其中学籍的剥夺行为对学生权利影响巨大,超出学校自主权的范围,应当将其纳入法院的司法审查范围之内。《普通高等学校学生管理规定》中规定学生对学校的退学或开除学籍的处理决定不服可以向学校或教育行政主管部门进行申诉,但不应将申诉作为提起行政诉讼的前置程序。同时,法院在审查高校的学籍管理行为时,应主要审查其作出行为的依据、程序等是否合法。%Student enrollment status is the symbol for student identity. The cancellation or dismissal of one's enrollment status means the loss of his or her student identity. Thus, student enrollment status, which is closely linked with citizen's right to education, exerts impact on the realization of civil rights. Due to the broad range of student enrollment status administration, the dismissal of a student from a university exerts huge impact on the rights of a student, which is beyond the scope of university authority. Therefore, the cancellation of student enrollment status should be included in the scope of judicial review in court. Regulations on Student Administration for Regular HEIs rules that whether who is unsatisfied with the withdrawal or dismissal from a higher education institution, he can appeal to the institution or administrative department for education. However, appealing is not a prepositional procedure for administrative litigation. At the same time, the court should put the legality and procedure of the administrative behavior at the first place when reviewing the administration of student enrollment status.

  11. A Probe into the Operation of Judicial Mechanism without Bureaucratic Administrative Procedure%审判权运行机制去行政化路径探索

    Institute of Scientific and Technical Information of China (English)

    杨方程; 沈成燕

    2015-01-01

    The reform of the operation of the judicial mechanism is the focus of a new round of judicial re-form in China.Currently,the administration of the operation of judicial mechanism refers mainly to the adminis-trative examination and approval system for the judicial cases,the administration of the status of the judge,the administration of the relationship between the upper court and the lower one,and the like.The bureaucratic ad-ministrative procedure of the operation of judicial mechanism has reduced the trial efficiency,and affected the in-dependent exercise of judicial power by the judge.It is not conducive to the realization of justice,and not condu-cive to the building of a healthy relationship between trial and supervision.As a result,it will lead to the situa-tion in which “those who render a final decision will not hear the case,and those who hear the case will have no right to judge”.To realize the operation of judicial mechanism without the interference from administrative proce-dure challenges the reform in four aspects:the change of traditional concept,and the raising of the consciousness of “removing bureaucratic administrative procedure”;the perfection of the judicial operation mechanism;the conducting of independent and impartial judicial supervision under the condition of maintaining open justice as a means;and the completion of supporting measures so as to restrict and safeguard the independence of judges.%审判权运行机制改革是我国新一轮司法改革的重点。当前审判权运行机制行政化主要表现在案件审批制度行政化、法官地位行政化、上下级法院关系行政化等方面。审判权运行机制行政化降低了审判效率、影响法官独立行使审判权、不利于司法公正的实现、不利于构建健康的审级监督关系,造成“作出裁判的人不审理案件,审理案件的人无权裁判”。审判权运行机制去行政化要着力于转变思想观念,提高“去

  12. Practice and Discourse of Judicial Operators in their Decisions of Migration Control: The Case of the Federal Administrative Justice in the City of Buenos Aires

    Directory of Open Access Journals (Sweden)

    Lila García

    2016-01-01

    Full Text Available This paper proposes to investigate the practice and discourse of the judicial operators of the federal administrative justice in the Federal City of Buenos Aires, which is the judiciary base established by the Argentine Migration Law (No. 25,871 to authorize or take part in the migration control decisions made by the Immigration Board (Dirección Nacional de Migraciones, DNM. This investigation goes from the doctorate research, focused primarily on federal administrative files and resolutions where DNM has intervened for the period 2004-2010. Upon these primary sources, which operated as means to review the Argentine migration policy, and its materiality, some exponents were chosen to think what they show about this judicial doing and saying in migration matters: the practice of “no-serve notice”, the references to delinquency, an upper-valuation in family issues and a negative to become part of the process.

  13. 40 CFR 179.125 - Judicial review.

    Science.gov (United States)

    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...

  14. 28 CFR 71.42 - Judicial review.

    Science.gov (United States)

    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....

  15. On Limits of Judicial Review on Administrative Power Abuse%浅析行政滥用职权司法审查的界限与深度

    Institute of Scientific and Technical Information of China (English)

    胡童

    2012-01-01

    《中华人民共和国行政诉讼法》将滥用职权作为法院撤销被诉具体行政行为的法定理由,为防止行政权行使的肆意提供了司法保障,但是在我国当下的现实中,无论是行政法理论还是实务中,都对"滥用职权"的认识存在纷争。本文试根据行政权与司法权之间的分权制衡,界定滥用职权司法审查的界限与深度,以期明晰在司法审查中法官需要把握的适用标准。%In Administrative Procedure Law of the People's Republic China,power abuse is taken as the legal grounds for the court to withdraw the specific administrative acts,which provides judicial protection to prevent the arbitrary exercise of executive power.But in reality,disputes exist on recognition of power abuse both in the theory and practice of administrative law.This paper defines the limits and depth of judicial review on power abuse based on the balance between the executive power and the judicial power in order to clear the applicable standards that judges should grasp in judicial review.

  16. Study on Mediations of Administrative Regulation on Judicial Expertise from a Criminal Case%从一起鉴定案件看司法鉴定管理中的调解

    Institute of Scientific and Technical Information of China (English)

    李刚

    2012-01-01

    By an accident injury identification case can be seen, auxiliary mediation can be usecl m tlae judicial identification management to dissolve contradiction and reduce the cost of justice. The administration of judicial authentication in the mediation should have 3 conditions: firstly , the parties have the intention to mediate, secondly, seize the opportunity; thirdly, do with ideological work patiently and meticulously. Judi- cial expertise administration departments of identification results more obvious cases, however unable to obtain the identification results of 5 cases for mediation.%由一起交通事故提出的伤情鉴定案件可看出,司法鉴定管理工作中可进行“辅助调解”,化解矛盾、减少司法成本。司法鉴定管理中的调解要具备3个条件:当事人有调解意愿、抓住时机和耐心细致做思想工作。司法鉴定管理部门可对鉴定结果较明显的案件、初查无法得出鉴定结果等5类案件进行调解。

  17. Administration Medication Errors in Emergency Department in Level III Hospital

    Directory of Open Access Journals (Sweden)

    Silvia González Gómez

    2012-09-01

    Full Text Available • Objective: To determine the prevalence of medication errors associated with the administration in the emergency room of University Hospital Marques de Valdecilla. • Introduction: Adverse events related to health care, are increasingly common, it is estimated that between 44000 and 98000 people served in U.S. hospitals die from adverse events related to health care. In 7000 these deaths are caused by medication errors. In Spain the studies speak of similar figures. The emergency services are excluded usually in these studies because of its particular characteristics, but also are well known that these are characteristics (speed of decision-making, not having systems in unit dose dispensing ... what is expected that mistakes can be produced in larger numbers in emergency services in the areas of Spain hospitalization. • Method: This is a descriptive study in which cross-examine a sample of 627 administrations made in different areas of attention of the Emergency Department Valdecilla Hospital, in different time slots, months of the year and days a week. Between the months of January and December 2009.• Results: Have detected 119 errors in 627 observations, the most common error is log.• Conclusions: We have found a lower incidence of error 2.7%, comparing with other work (10%. While most of the studies reviewed speak of medication errors in general, including prescription, transcription, and administration.

  18. 28 CFR 0.103a - Delegations respecting claims against the Drug Enforcement Administration.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Delegations respecting claims against the Drug Enforcement Administration. 0.103a Section 0.103a Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Drug Enforcement Administration § 0.103a Delegations...

  19. 28 CFR 0.118 - Office of Chief Administrative Hearing Officer.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Office of Chief Administrative Hearing 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...

  20. 30 CFR 775.13 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Judicial review. 775.13 Section 775.13 Mineral... ADMINISTRATIVE AND JUDICIAL REVIEW OF DECISIONS § 775.13 Judicial review. (a) General. Any applicant or any... authority for administrative review under § 775.11 of this chapter fails to act within applicable...

  1. 20 CFR 667.800 - What actions of the Department may be appealed to the Office of Administrative Law Judges?

    Science.gov (United States)

    2010-04-01

    ... WORKFORCE INVESTMENT ACT Administrative Adjudication and Judicial Review § 667.800 What actions of the... adjudicated under the alternative dispute resolution process set forth in § 667.840 within the 60 days,...

  2. PROCEDURAL AND SUBSTANTIVE JUDICIAL REVIEW OF THE RIGHT TO HEALTH IN BRAZIL

    Directory of Open Access Journals (Sweden)

    R. Perlingeiro

    2015-01-01

    Full Text Available This text seeks to identify the objective and subjective aspects of rights to an existential minimum in health care, based on international parameters which, because they are restricted to the internal scope of a nation, depend on a constitutional basis and on comprehensible facts, the demonstration of which should be the responsibility of the national administrative authority. Regarding the judicial review of the minimum right to healthcare, this paper points out that it is a serious mistake to try to handle public health conflicts according to the typical judicial principles governing conflicts under private law, because that distorts the public health system, with judicial orders that depart from the universal access to health care and that are often impossible to comply with. The article concludes that the judicial review of administrative authorities in matters involving the right to health necessarily requires simultaneous judicial review of the corresponding administrative procedures.

  3. A COURT DIVIDED: HARLAN FISKE STONE, JUDICIAL REVIEW, AND ADMINISTRATIVE REGULATION OF THE ECONOMY, 1941-1946

    Directory of Open Access Journals (Sweden)

    Harvey Graham Hudspeth

    2000-01-01

    Full Text Available This essay examines the Supreme Court of Harlan Fiske Stone and its record in the area of government regulation of the economy. As most scholars know, the pre-1937 Court was often dominated by an infamous “Four Horseman” team of economic conservatives who rejected any and all efforts at government regulation. Ironically, by 1943, the Court was often dominated by an equally infamous team of economic radicals who favored government regulation at seemingly all costs — Even at the expense of judicial review.

  4. Judicial Humility and Self-Control in University Administrative Case%高校行政案件中的司法谦抑与自制

    Institute of Scientific and Technical Information of China (English)

    耿宝建

    2013-01-01

      要:对行政诉讼制度而言,应逐渐将包括高等学校在内的行使公共职能组织的管理行为纳入受案范围,打破此类组织自身对纠纷解决的垄断和对司法审查的排斥。而司法在高校行政案件审查时,也应当保持司法谦抑和自制,适当尊重高校自主权,减少司法干预学术的嫌疑。司法的谦抑和自制,在受案范围、受理时机、审查依据、审查强度、裁判方式等诸多方面,都应当予以体现和坚持。%For administrative litigation system, management behavior of organizations including higher learning institutions exercising public functions should be gradually incorporated into the scope of cases accepted, in order to break their dispute resolution monopoly and judicial review exclusion. While in university administrative case review, judicature should also maintain judicial humility and self-control to properly respect university autonomy and reduce suspicion of its academic intervention. Judicial humility and self-control should be reflected and adhered to in many aspects, including the scope of cases accepted, acceptance time, review basis, review intensity, judgment mode, etc.

  5. An empirical study on the administrative judicial procedure%我国行政司法运行情况的实证评估

    Institute of Scientific and Technical Information of China (English)

    樊传明

    2015-01-01

    行政司法程序对于审查行政执法行为合法性、保障行政行对人的合法权益具有重要意义。我国的行政诉讼实践能够在多大程度上实现行政司法程序的制度价值,可以通过实证评估的方法进行测量。中国司法文明指数报告项目的调研数据,反映了我国行政诉讼在及时受理起诉、符合程序公正、有效执行裁判、提供有效诉讼救济等方面的情况。通过对调研数据进行挖掘可以发现,行政司法程序的运行情况与法官形象之间存在正关联,对于这种关联可以进行多种解释。对于行政司法程序的评估,不同职业群体之间存在差异,这可以解释为视角偏差、社会信息供给负面化等原因。%Administrative judicial procedure is significantly important for reviewing the legitimacy of administrative act and protecting the legitimate interest of counterparts. It can be measured through some empirical study that, to what extent Chinese administrative judicial practice realizes these purposes. The data collected by China Justice Index Project reflects the situation of the aspects in administrative litigation such as, accepting the case timely, conforming to procedural justice, executing the verdict efifciently, and providing effective legal remedy. A further data mining suggests that, the situation of administrative judicial practice is relevant to the evaluation on judge. Specifically, breach to the administrative justice will lower the social evaluation on judge. There are many explanations for this. People of different career have distinction in their evaluation of administrative justice, which may be attributed to perspective difference or negative information-supply.

  6. 5 CFR 1201.120 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Judicial review. 1201.120 Section 1201... PROCEDURES Petitions for Review of Initial Decisions § 1201.120 Judicial review. Any employee or applicant... provisions of 5 U.S.C. 7703 may obtain judicial review in the United States Court of Appeals for the...

  7. 5 CFR 1201.127 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Judicial review. 1201.127 Section 1201... Judicial review. (a) An employee subject to a final Board decision imposing disciplinary action under 5 U.S.C. 1215 may obtain judicial review of the decision in the United States Court of Appeals for...

  8. 44 CFR 295.43 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 295.43... Judicial review. As an alternative to arbitration, a Claimant dissatisfied with the outcome of an Administrative Appeal may seek judicial review of the decision by bringing a civil lawsuit against FEMA in...

  9. 42 CFR 414.920 - Judicial review.

    Science.gov (United States)

    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...

  10. 28 CFR 0.64-3 - Delegation respecting designation of certain Department of Agriculture employees (Tick Inspectors...

    Science.gov (United States)

    2010-07-01

    ... 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 0.64-3 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE...

  11. 49 CFR 1016.310 - Judicial review.

    Science.gov (United States)

    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...

  12. 44 CFR 62.22 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 62.22 Section 62.22 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF... ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a)...

  13. 31 CFR 27.8 - Judicial review.

    Science.gov (United States)

    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....

  14. 28 CFR 29.3 - Administration by the Bureau of Justice Assistance.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Administration by the Bureau of Justice Assistance. 29.3 Section 29.3 Judicial Administration DEPARTMENT OF JUSTICE MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS § 29.3 Administration by the Bureau of Justice Assistance. The Director of the...

  15. On Judicial and Quasi-Judicial Independence

    NARCIS (Netherlands)

    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

  16. [Behavior theory and skill of outpatient department nursing administration].

    Science.gov (United States)

    Xu, Y L; Li, Z X; Liu, X

    1996-03-01

    51 nurses in the out patient department (OPD) were surveied by Eysenck Personality Questionaire and Cattle 16 Personality Factors. Some nurses' jobs were changed and the psychological principles were applied to improve the nurses' mental health by the manager according to the result. The management in the out patient department was more effective after behavior theory was adopted.

  17. 32 CFR Appendix C to Part 275 - Obtaining Access by Administrative or Judicial Subpoena or by Formal Written Request

    Science.gov (United States)

    2010-07-01

    ... Subpoena or by Formal Written Request C Appendix C to Part 275 National Defense Department of Defense... INSTITUTIONS: RIGHT TO FINANCIAL PRIVACY ACT OF 1978 Pt. 275, App. C Appendix C to Part 275—Obtaining Access by... Appendix K to this part and shall: 1. State that the request is issued under 12 U.S.C. Chapter 35 and...

  18. On Judicial Investigation of Administrative Abuse of Official Power%论行政滥用职权司法审查的界限

    Institute of Scientific and Technical Information of China (English)

    胡童

    2011-01-01

    The administrative procedure law of the People's Republic of China has take abuse of official power as legal reason for court to abate the alleged specific administrative act which provides the judicial safeguard to prevent executive power from abusing. However, in practice, there still has not a comprehensive research or theory which undoubtedly make the judge difficult, unable and unwilling to apply "abuse of official power" to abate concrete administrative act. The article, from different aspects, defines the boundaries of judicial investigation of abuse so as to make clear the applied condition in investigation hereby.%《中华人民共和国行政诉讼法》将滥用职权作为法院撤销被诉具体行政行为的法定理由,在行政权不断扩张的今天.该规定的内容使得司法权可以对行政主体的栽量活动进行审查,为防止行政权行使的肆意提供了司法保障。但是在我国当下的现实中,行政法学界对“滥用职权”的内涵与表现形式等基础理论研究存在较大争议,形成多种不同的观点,相对一致的学说理论没有形成;法律规定和司法解释也没有对“滥用职权”进行准确定位,进而导致在司法审判中,法官对“滥用职权”的标准难于把握,不能、不愿也不敢适用“滥用职权”而撤销具体行政行为。笔者试从“滥用职权”的不同认识出发,梳理之间存在的核心争议点,进而根据行政权与司法权之间的分权制衡,界定滥用职权司法审查的界限与深度.以期明晰在司法审查中法官需要把握的适用标准。

  19. The Relationship between Organizational Climate and the Organizational Silence of Administrative Staff in Education Department

    Science.gov (United States)

    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…

  20. 32 CFR 776.5 - Judicial conduct.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Judicial conduct. 776.5 Section 776.5 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY MISCELLANEOUS RULES PROFESSIONAL CONDUCT... § 776.5 Judicial conduct. To the extent that it does not conflict with statutes, regulations, or this...

  1. On Cadre Education and Training Serving Grass Roots Judicial Administrative Staff%干部教育培训工作如何服务基层司法行政队伍建设

    Institute of Scientific and Technical Information of China (English)

    胡爱国; 陈永红

    2014-01-01

    Judicial colleges shoulder the historic mission to provide cadre education and training service for the team building of grass roots judicial administration, because judicial colleges possess both the software and hardware advantages and talents. Their responsibilities lie in rooting in judicial administration, serving grass roots, meeting the demand of the society, and making innovations on operating mechanism, training methods and self perfection. To make the education and training work more targeted and practical, we are to improve the management level and service capabilities to give full play to the role of cadre education and training in serving the team building of grass roots judicial administration.%干部教育培训工作服务基层司法行政队伍建设,是干部教育培训机构,特别是集软硬件建设和人才资源优势于一体的司法类高等院校所应肩负的历史使命,其有责任在干部教育培训工作上立足司法行政、面向基层一线、服务社会需求,并在运行机制、培训方式、自身建设方面开拓创新,强化培训工作的针对性和实用性,不断提升干部教育培训工作的管理水平和服务能力,充分发挥干部教育培训工作在基层司法行政队伍建设中的重要作用。

  2. 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.

  3. 13 CFR 117.18 - Judicial review.

    Science.gov (United States)

    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....18 Judicial review. (a) The complainant may file a civil action following the exhaustion...

  4. 49 CFR 386.67 - Judicial review.

    Science.gov (United States)

    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...

  5. 75 FR 17418 - Memorandum of Understanding Between the Food and Drug Administration, United States Department of...

    Science.gov (United States)

    2010-04-06

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Memorandum of Understanding Between the Food and Drug... Administration (FDA) is providing notice of a memorandum of understanding (MOU) between the Food and Drug...

  6. 75 FR 17423 - Memorandum of Understanding Between the Food and Drug Administration, United States Department of...

    Science.gov (United States)

    2010-04-06

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Memorandum of Understanding Between the Food and Drug... Drug Administration (FDA) is providing notice of a memorandum of understanding (MOU) between the FDA, U...

  7. 31 CFR 547.704 - Administrative collection; referral to United States Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Administrative collection; referral to United States Department of Justice. 547.704 Section 547.704 Money and Finance: Treasury... TREASURY DEMOCRATIC REPUBLIC OF THE CONGO SANCTIONS REGULATIONS Penalties § 547.704 Administrative...

  8. 29 CFR 785.7 - Judicial construction.

    Science.gov (United States)

    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...

  9. 31 CFR 595.705 - Administrative collection; referral to United States Department of Justice.

    Science.gov (United States)

    2010-07-01

    ... to United States Department of Justice. 595.705 Section 595.705 Money and Finance: Treasury... TREASURY TERRORISM SANCTIONS REGULATIONS Penalties § 595.705 Administrative collection; referral to United... United States Department of Justice for appropriate action to recover the penalty in a civil suit in a...

  10. APPEAL, NON-APPLICATION, JUDICIAL REVIEW ON THE ACTS OF THE PUBLIC ADMINISTRATION FOR ANTITRUST PURPOSES (NOTES TO THE CONSIGLIO DI STATO - ITALIAN SUPREME ADMINISTRATIVE COURT - JUDGMENT, SEC. VI, NO. 693/2014

    Directory of Open Access Journals (Sweden)

    Hadrian Simonetti

    2014-12-01

    Full Text Available In the effort of reconcile protection of competition and intellectual property rights, with particular reference to the pharmaceutical sector, the Pfizer case deals with legitimate patent instrumentally exercised for a purpose other than that for which it was granted. What would be a legitimate administrative measure under Italian Patent Law, combined with other conducts, in the context of a complex strategy designed to artificially delay the entry of new generic drugs competitors, is considered an excluding abuse, violating antitrust rules. If the Italian Competition Authority (ICA explicitly referred to the abuse of regulatory procedure theory applied by the EU Commission in AstraZeneca case and endorsed by ECJ, the Council of State judgment, applying as in the Coop Estense case the broader and disputed category of the “abuse of right”, represents a further development in antitrust enforcement and is expected to bring back as central issue the topic of the judicial review on the exercise of antitrust power and, with it, the recurring fear that the guarantees of defence cannot always be sufficient. The article examines this new frontier of antitrust law, with specific regard to the case of abuse of dominant position by abusing of regulations and administrative measure, showing the different remedies at disposal of the Italian Competition Authority.

  11. 行政诉讼法修改视角下的抽象行政行为司法审查%Research on the Judicial Review of Abstract Administrative Act

    Institute of Scientific and Technical Information of China (English)

    王娟

    2016-01-01

    此前抽象行政行为司法审查缺位,造成一些规范性文件越权错位侵犯公民、法人或者其他组织的合法权益,是各界公认应该着力解决的问题,本次《行政诉讼法》的修改力度较大,并确立了对于规范性文件的附带性审查制度。对此应立足于抽象行政行为的司法审查理论以及对修改后抽象行政行为司法审查的制度建构、法律适用的分析论证,着力从司法审查对象、范围的界定、原告资格、审查方式、审查标准、审查效力等方面构建,以此推动修法后抽象行政行为司法审查的实际运行。%Prior to the absence of judicial review of abstract administrative acts, resulting in a number of normative documents override dislocation violations of civil, legal persons or other organizations of the legitimate rights and interests, is widely acknowledged we should make efforts to solve the problem, the larger this Administrative Procedure Law modify the intensity, and it establishes the regulatory documents incidental censorship.This should be based on the theory of judicial review of administrative action in the abstract and the modified system of abstract administrative act judicial review of the construction, the applicable legal analysis and demonstration efforts from the definition of the object of judicial review, the scope of plaintiff qualification review mode, the standard of review, review the effectiveness of this and other aspects of constructing the actual operation after amending the law to promote the abstract administrative act judicial review.

  12. 海事管理机构司法协助若干法律问题探讨%Discussion on several legal problems about the judicial assistance of maritime administrative organs

    Institute of Scientific and Technical Information of China (English)

    杨文杰

    2016-01-01

    The paper analyzes the common legal issues in the judicial assistance by the maritime administration and provides relevant suggestions, aiming at further regulating the procedures of assistance, preventing risks in performing duties, and safeguarding the legitimate rights and interests of administrative counterparts.%文中针对海事司法协助中常见法律问题进行分析并提出应对建议,以进一步规范协助程序,防范履职风险、维护行政相对人合法权益。

  13. 行政诉讼司法变更权的新发展——兼评《行政诉讼法》第77条之规定%The New Development of Judicial Change Right in Administrative Litigation and the Review of Article 77 in Administrative Procedural Law

    Institute of Scientific and Technical Information of China (English)

    程丹丹

    2015-01-01

    行政权、司法权作为国家公权力的重要组成部分,合理的权力划分是发挥权力功效的基础性保障.司法变更权,作为具有行政执法功能的司法权力,是保证行政对司法信任和司法对行政尊重的一项重要权能.新行政诉讼法在坚持贯彻有限扩展司法变更权限的理念下,对其立法体例、适用维度、认定标准和权利保护等作出了进一步的完善,体现出法治的进步.但是在具体施行中,对于明显不当、选择适用、判决效力等问题,则有待更为深入的思考、分析.%As the important component of national public power,the reasonable partition of executive power and judicial power is the basic guarantee of playing the power effect. And judicial change right,as the judicial power,which has the function of administrative enforcement is the guarantee that administration trusts judicial right and judicial right respects administration.Under the concept of limited expansion of judicial change right,the legislative style,suitable dimension, standards and rights protection in the new administrative procedure law have been improved,which embodies the progress of the law. But in the concrete implementation,some problems,such as,obvious inappropriateness,selective application and judgement validity need more thinking and analysis.

  14. On Criminal Judicialization of the Administrative Evidence%行政证据刑事司法化--兼论《刑事诉讼法》第52条的理解与适用

    Institute of Scientific and Technical Information of China (English)

    张慧

    2014-01-01

    The 2012 criminal procedure law determines that the administrative evidence can be used as evidence in criminal lawsuit, negating the traditional evidence conversion in theory. The criminal judicialization of the administrative evidence arose. To the evidence conversion, the criminal judicialization of the administrative evidence is more consistent with the legislative intention, manifests the systematization of criminal law, respects and guarantees human rights and the value of lawsuit efficiency and plays a guiding role to improve the lawmaking. The effective connection of the administrative evidence and the criminal evidence cannot separate the judiciary and the justice, that’s to say, we must understand well the importance of the administrative evidence in the process of the criminal judicial procedure and its key role, build up ideas to respect and safeguard human rights.%2012《刑事诉讼法》对行政证据在刑事诉讼中作为证据使用予以认可,从理论维度对传统的证据转换说予以否定,行政证据刑事司法化应运而生。较证据转换说而言,行政证据刑事司法化更符合立法原意,体现刑事法律的体系化,遵循尊重和保障人权以及诉讼效率的价值,对立法完善起着导向作用。有效衔接行政证据与刑事证据,离不开司法人员合法、正当司法:明确行政证据在刑事司法程序中的重要性以及所扮演的关键角色,树立尊重和保障人权的理念。

  15. Racial Differences in Opiate Administration for Pain Relief at an Academic Emergency Department

    OpenAIRE

    Dickason, R. Myles; Chauhan, Vijai; Mor, Astha; Ibler, Erin; Kuehnle, Sarah; Mahoney, Daren; Armbrecht, Eric; Dalawari, Preeti

    2015-01-01

    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. ...

  16. Oral ondansetron administration in emergency departments to children with gastroenteritis: an economic analysis.

    Directory of Open Access Journals (Sweden)

    Stephen B Freedman

    2010-10-01

    Full Text Available BACKGROUND: The use of antiemetics for children with vomiting is one of the most controversial decisions in the treatment of gastroenteritis in developed countries. Ondansetron, a selective serotonin receptor antagonist, has been found to be effective in improving the success of oral rehydration therapy. However, North American and European clinical practice guidelines continue to recommend against its use, stating that evidence of cost savings would be required to support ondansetron administration. Thus, an economic analysis of the emergency department administration of ondansetron was conducted. The primary objective was to conduct a cost analysis of the routine administration of ondansetron in both the United States and Canada. METHODS AND FINDINGS: A cost analysis evaluated oral ondansetron administration to children presenting to emergency departments with vomiting and dehydration secondary to gastroenteritis from a societal and health care payer's perspective in both the US and Canada. A decision tree was developed that incorporated the frequency of vomiting, intravenous insertion, hospitalization, and emergency department revisits. Estimates of the monetary costs associated with ondansetron use, intravenous rehydration, and hospitalization were derived from administrative databases or emergency department use. The economic burden in children administered ondansetron plus oral rehydration therapy was compared to those not administered ondansetron employing deterministic and probabilistic simulations. We estimated the costs or savings to society and health care payers associated with the routine administration of ondansetron. Sensitivity analyses considered variations in costs, treatment effects, and exchange rates. In the US the administration of ondansetron to eligible children would prevent approximately 29,246 intravenous insertions and 7,220 hospitalizations annually. At the current average wholesale price, its routine administration

  17. Product-line administration: a framework for redefining medical record department services.

    Science.gov (United States)

    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.

  18. 28 CFR 71.44 - Right to administrative offset.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Right to administrative offset. 71.44... Department of Justice § 71.44 Right to administrative offset. The amount of any penalty or assessment which... agreed upon in a compromise or settlement under § 71.46, may be collected by administrative offset...

  19. 论社会冲突型行政争议的实质性审判程序%On Substantial Judicial Procedure of Administrative Dispute Resulting From Social Conlfict

    Institute of Scientific and Technical Information of China (English)

    高家伟

    2013-01-01

    Aiming at the judicial policy orientation of the substantial resolution of the administrative dispute, the article tries to integrate the group litigation procedure and the conciliation system to design a set of litigation and reconciliation procedure mechanism specially for the administrative dispute resulting from social conlficts. These disputes own the characteristics of comprehensive openness subject, polybasic interweaving interest relationship, complexity of reason structures. To substantially solve this kind of disputes, the reviewing content of the litigated administrative behavior legitimacy should be expanded gradually from pure legitimacy norms to the rationality of the governmental inner system, the justification of governmental public policy, and the balance of social structure, etc. Therefore, it is necessary to design a specific group litigation and reconciliation procedure aiming at administrative disputes resulting from social conlficts based on principles of judicial activism, procedural corporatism and judicial finalism. The article puts forward suggestions of formulating relevant judicial interpretations as soon as possible in the end.%社会冲突型行政争议具有主体范围的广泛开放性、利益关系的多元交织性、原因结构的错综复杂性等特征。为了实质性地解决此类争议,需要将对被诉行政行为合法性的审查内容从单纯的规范合法性审查逐步扩展到对政府内部体制的合理性、政府公共政策的正当性、社会结构的均衡性等层面的审查。为此,有必要本着司法能动主义、程序合作主义和司法最终主义三个原则,设计一个专门针对社会冲突型行政争议的集团诉讼调解程序。

  20. One Roof Judicial System in Indonesia

    Directory of Open Access Journals (Sweden)

    - Sufiarina

    2012-09-01

    Full Text Available Judicial power as an independent and autonomous power must be free from any intervention and power, thus ensuring that judges possess independence and impartiality in handling cases. One of the measures for enhancing the independence and autonomy of the judiciary is by placing it under the one roof judicial arrangement developed by the Supreme Court, both from the judicial as well as the non-judicial technical aspects. Up to the present time, endeavors for bringing the four court jurisdictions under the one roof judicial arrangement developed by the Supreme Court have not been completely materialized, due to the existing dualism in judicial power at various courts. The objective of this research is to understand the developments in the endeavors towards bringing the Indonesian judicial system under the one roof judicial arrangement developed by the Supreme Court. The type of research applied is descriptive normative juridical research, namely legal research based on examining secondary data. As the research results indicate, the one roof system developed by the Supreme Court is already being implemented, with the exception of the Military Court and the Tax Court within the State Administration Court jurisdiction.

  1. 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.

  2. Understanding administrative evidence-based practices: Findings from a survey of local health department leaders

    Science.gov (United States)

    Brownson, Ross C.; Reis, Rodrigo S.; Allen, Peg; Duggan, Kathleen; Fields, Robert; Stamatakis, Katherine A.; Erwin, Paul C.

    2014-01-01

    Background There are sparse data showing the extent to which evidence-based public health is occurring among local health departments. Purpose The purpose of the study was to describe the patterns and predictors of administrative evidence-based practices (structures and activities that are associated with performance measures) in a representative sample of local health departments in the United States. Methods A cross-sectional study of 517 local health department directors was conducted from October through December 2012 (analysis in January through March 2013). The questions on administrative evidence-based practices included 19 items based on a recent literature review (five broad domains: workforce development, leadership, organizational climate and culture, relationships and partnerships, financial processes). Results There was a wide range in performance among the 19 individual administrative evidence-based practices, ranging from 35% for access to current information on evidence-based practices to 96% for funding via a variety of sources Among the five domains, values were generally lowest for organizational climate and culture (mean for the domain = 49.9%) and highest for relationships and partnerships (mean for the domain = 77.1%). Variables associated with attaining the highest tertile of administrative evidence-based practices included having a population jurisdiction of 25,000 or larger (adjusted odds ratios (aORs) ranging from 4.4 to 7.5) and state governance structure (aOR=3.1). Conclusions This report on the patterns and predictors of administrative evidence-based practices in health departments begins to provide information on gaps and areas for improvement that can be linked with ongoing quality improvement processes. PMID:24355671

  3. On the Judicial Review of the Prison Administration in China%论我国监狱管理行为的司法审查

    Institute of Scientific and Technical Information of China (English)

    周丽

    2015-01-01

    Penetration of the theory of special power relationship and the misunderstanding of the nature of the behavior of prison management result in the long term isolation of prison management from the scope of judicial review, leading to the prisoners' rights and interests failing to be safeguard. Prison management behavior being brought into the judicial review is of great significance. Based on the special status of prisoners, only daily and important issues can be sued if they cannot receive any internal relief.%特别权力关系理论的渗透以及对监狱管理行为性质认识的误区,导致监狱管理行为长期游离于司法审查范围之外,导致服刑人员权益得不到切实维护。将监狱管理行为纳入司法审查具有重要意义,但基于服刑人员的特殊地位,只有日常的、涉及到“重要事项”的监狱管理行为,且在服刑人员穷尽内部救济的情况下才能提起诉讼。

  4. 司法解释放弃定义具体行政行为的策略检讨%Review the Strategy of Giving up the Specific Administrative Act Definition of Judicial Interpretations

    Institute of Scientific and Technical Information of China (English)

    闫尔宝

    2012-01-01

    现行行政诉讼法建立了以具体行政行为为中心的行政诉讼制度体系,如何理解具体行政行为具有极为重要的理论意义与法律适用意义。在先后两个系统的司法解释中,最高人民法院采用了完全不同的解释策略,对具体行政行为先给出了明确界定,后又基于各种考虑而放弃。司法解释先后态度的不同,对我国的行政行为法理论和行政诉讼制度的理解与完善构成了一定影响。当前,我国行政诉讼法进入修改阶段,通过借鉴其他国家或地区的经验教训,重新认识和评估具体行政行为定义的价值,可以为发展我国的行政行为法理论、重新认识行政诉讼制度并更好地做好立法修订工作提供另外一种参照视角。%The administrative procedural law of China has established an administrative litigation system which makes the specific administrative act as the centre, how to understand this particular conception is of great significance not only to theory but also to the application of the law. In its two judicial interpretations of the law, the Supreme People' s Court has adopted a completely different interpretation of policy, at first, it gave out a clear definition to the specific administrative act, and then give it up for various reasons. The different attitudes of the judicial interpretation has certain influence on the theory of administrative law and administrative litigation. Currently, there is an movement of modification of administrative procedure law in China, through the lessons and experience of other countries or regions, recognition and evaluation the definition of the specific administrative act may provide another view of a reference to the development of China' s system of administrative act theory, rethinking administrative action and improving the work of legislative amendments

  5. A New Research on the Judicial Relief System of Administrative Adjudication ——Consideration of Civil Incidental Administrative Litigation%行政裁决诉讼救济制度新探——关于构建民事附带行政诉讼的思考

    Institute of Scientific and Technical Information of China (English)

    尹少成; 孙峰

    2012-01-01

    Administrative adjudication,as an important mean in the chain of relief,needs relief for itself as well,especially the security of judicial relief.The judicial relief of administrative adjudication has experienced civil procedure,judicial review and civil incidental administrative litigation in our country,but there are still insuperable barriers on different paths.Learning from Japan's litigant to take a legal action,also exists obstacle in theory and conception.Therefore,in order to develop administrative adjudication,it is necessary to establish a new type of judicial relief path,namely,civil incidental administrative litigation.%行政裁决作为救济链条上的一个环节,本身也需要救济,特别是诉讼救济的保障。我国关于行政裁决诉讼救济经历了民事诉讼、行政诉讼、行政附带民事诉讼三条不同的诉讼路径,但不同路径仍然存在难以逾越的障碍。借鉴日本当事人诉讼的思路,也存在理论上和观念上的障碍。因而,从有利于行政裁决制度发展的角度出发,有必要建立一种新型的诉讼救济路径,即民事附带行政诉讼。

  6. New Challenges Facing Small Undergraduate Departments And The Role Of Faculty And Administrators.

    Science.gov (United States)

    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

  7. Efficacy of Acute Pain Control Protocol in Triage Department on Analgesics Administration Time and Patients' Satisfaction

    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

  8. Judicial Review Standard of American Administrative Interpretation--Development after Shefrin Case%美国行政解释的司法审查标准--谢弗林案之后的发展

    Institute of Scientific and Technical Information of China (English)

    邓栗

    2013-01-01

    In 1984, the Shefrin Principle which gives judicial deference to administrative organs’ legal interpretation was established by the Supreme Court of the United States through legal precedents. During the 20 years after that, this principle experienced a lot of development and changes, the core of which is the legal interpretation method of the Supreme Court. Based on the investigation of related legal precedents and judges’ legal interpretation methods after Shefrin case, this article analyzes the possible influence of judicial deference standard on administrative organs and the responses of administrative organs as well as the Congress, pointing out that the administrative and the legislative branches should play a greater role in legal interpretation and application.%  要: 1984年,美国联邦最高法院通过判例确立了对行政机关的法律解释予以司法尊重的谢弗林原则。在之后二十多年里,这一原则经历了诸多发展变化,其核心是最高法院的法律解释方法。在对谢弗林案之后的相关判例和法官的法律解释方法进行考察的基础上,分析司法尊重标准对行政机关可能产生的影响以及行政机关和国会对此的回应,可以发现,行政和立法分支应当在法律解释和适用的过程中发挥更大的作用。

  9. 行政规范性文件的司法审查问题研究--基于《行政诉讼法》修订的有关思考%A Study on Judicial Review of Administrative Normative Documents Based on Reflections on the Newly-amended Administrative Procedure Law

    Institute of Scientific and Technical Information of China (English)

    张浪

    2015-01-01

    The newly-amended Administrative Procedure Law stipulates that People’s Courts can con-duct judicial review on administrative normative documents below the level of rules and regulations. Based on the existing system of power allocation and the reform of judicial system, we take judicial theories and practices in western countries as reference to integrate the prospect of legislation with its practicability.Besides, we discuss concrete issues on system design and judicial application like the i-dentification of the subject of review, the ways to file a lawsuit, the content and intensity of review, and the classification of court decisions and their enforcement, so as to establish a mechanism of judi-cial review which meets the realistic needs of China.%新修订的《行政诉讼法》规定了人民法院可对规章以下的行政规范性文件进行司法审查。在立足现行权力配置体系和司法体制改革的基础上,参考借鉴国外的司法理论和实践经验,将立法的前瞻性和可操作性有机结合,对审查主体的设置、提起诉讼的方式、审查的内容和强度、裁判的种类及执行等具体制度设计和司法适用问题进行探讨,以构建符合我国现实需求的审查机制。

  10. Department

    African Journals Online (AJOL)

    USER

    2016-09-20

    Sep 20, 2016 ... Department of Mathematics, Faculty of Science, Kibabii University. 2. Department .... be seen that average rainfall exhibited a cyclic pattern with a reducing trend under both scenarios .... Department of Meteorology, University.

  11. Racial Differences in Opiate Administration for Pain Relief at an Academic Emergency Department

    Directory of Open Access Journals (Sweden)

    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

  12. Evaluating Judicial Performance Evaluation: A Conceptual Analysis

    Directory of Open Access Journals (Sweden)

    Joe McIntyre

    2014-12-01

    Full Text Available While the performance evaluation of judges has become a ubiquitous aspect of modern judicial administration, evaluation mechanisms of are too often utilised uncritically, without reflection on why we evaluate judges, and how ‘measurement’ furthers these objectives. This article provides a conceptual analysis of the role and purpose of performance evaluation, conceiving it as a limited tool of judicial accountability, which itself exists only to promote excellent judging. As such, the efficacy of evaluation mechanisms must always be assessed by reference to their impact on these overarching accountability objectives. The article explores the value of this conception approach by briefly examining three uses of performance evaluation: 1 judicial promotions; 2 judicial retention elections; and 3 judicial professional development. In doing so it illustrates how a clear conceptual approach invites a more nuanced and critical examination of the limitations and benefits of judicial performance evaluation programs. Mientras que la evaluación del rendimiento de los jueces se ha convertido en un aspecto omnipresente de la administración judicial moderna, los mecanismos de evaluación se utilizan con demasiada frecuencia de manera acrítica, sin reflexionar sobre las razones por las que evaluamos a los jueces, y cómo se alcanzan los objetivos buscados mediante la 'medición'. Este artículo ofrece un análisis conceptual de la función y el propósito de la evaluación del rendimiento, concibiéndola como una herramienta limitada de la responsabilidad judicial, que a su vez sólo existe para promover la excelencia judicial. Como tal, la eficacia de los mecanismos de evaluación siempre se debe comprobar en función de su impacto en los objetivos de responsabilidad globales. El artículo explora el valor de este enfoque examinando brevemente tres usos de la evaluación de rendimiento: 1 promociones judiciales; 2 elecciones para la reelección de

  13. 13 CFR 142.37 - What judicial review is available?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What judicial review is available? 142.37 Section 142.37 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 142.37 What judicial review is available? 31 U.S.C....

  14. 13 CFR 142.36 - Can I obtain judicial review?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Can I obtain judicial review? 142.36 Section 142.36 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 142.36 Can I obtain judicial review? If the...

  15. 5 CFR 1201.133 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Judicial review. 1201.133 Section 1201... review. An employee, former employee, or applicant for employment who is adversely affected by a final... review of the decision in the United States Court of Appeals for the Federal Circuit. 5 U.S.C....

  16. 31 CFR 357.23 - Judicial proceedings-sovereign immunity.

    Science.gov (United States)

    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...

  17. 行政复议程序反司法化定位的思考及其制度重构%On Reflection and System Reconstruction of Anti-judicial Orientation of Administrative Reconsideration Procedure

    Institute of Scientific and Technical Information of China (English)

    王万华

    2011-01-01

    The current administrative reconsideration procedures are over internal-administrative and over-simplified under the orientation of anti-judicial,and it lacks basic system elements of procedural justice,which is not conducive to the just resolution of adm%反司法化定位下的现行行政复议程序欠缺程序公正的基本制度要素,不利于公正解决行政争议。行政复议司法化的主张并非将司法程序全盘照搬至行政复议,实质在于将体现程序公正的基本要素引入行政复议中,在行政复议中确立公正程序的各项基本原则,切实保障申请人的各项程序权利,在此基础上完成正当行政复议程序制度重构,具体包括回避制度、复议案件公开审理制度、言词辩论制度、复议决定说明理由制度等。

  18. Depart

    African Journals Online (AJOL)

    USER

    2017-01-26

    Jan 26, 2017 ... Department of Urban and Regional Planning, Ladoke Akintola University of Technology, ... informal automobile workshops in virtually every open space in Nigerian cities that ..... plantation to encourage a green society and.

  19. 76 FR 74791 - Memorandum of Understanding Between the Food and Drug Administration and the U.S. Department of...

    Science.gov (United States)

    2011-12-01

    ... Administration and the U.S. Department of Agriculture's Agricultural and Marketing Service, Farm Service Agency... U.S. Department of Agriculture's (USDA) Agricultural and Marketing Service, Farm Service Agency, and... MOU, the term ``USDA foods'' will mean commodities procured by USDA for use in domestic...

  20. Low Profile, High Impact: Four Case Studies of High School Department Chairs Whose Transactions "Transform" Teachers and Administrators.

    Science.gov (United States)

    Wettersten, Jill A.

    This paper explores the leadership strategies of four exemplary high school department chairs. It develops a model based on social-exchange theory to show how chairs, as middle managers, must satisfy the expectations of both teachers and administrators. Data were derived from a case study of department chairs identified as exemplary in four…

  1. Austerite et gestion dans les universites quebecoises: une analyse des perceptions de directeurs de departement=Austerity and Administration in Quebec's Universities: An Analysis of Department Heads' Perceptions.

    Science.gov (United States)

    Crespo, Manuel; And Others

    1986-01-01

    A survey of 25 Quebec university department chairmen concerning the management of budgetary austerity found that administrative responses are generally perceived as reactionary and short-sighted, but long-term solutions proposed by chairmen are based on conflicting views of the overall role of the institution. (MSE)

  2. 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....

  3. Adrenaline in anaphylaxis treatment and self-administration: experience from an inner city emergency department.

    Science.gov (United States)

    Mostmans, Y; Grosber, M; Blykers, M; Mols, P; Naeije, N; Gutermuth, J

    2017-03-01

    Anaphylaxis is a life-threatening emergency of which reliable epidemiological data are lacking. This study aimed to analyze how quickly patients presenting with anaphylaxis were treated in emergency and whether treatment followed the European Academy of Allergy and Clinical Immunology (EAACI) guidelines. Patient data were collected between April 2009 and April 2013. Emergency doctors completed a questionnaire for adult patients presenting at the emergency department (ED) of the St. Pierre hospital in Brussels with anaphylaxis. Inclusion criteria were based on the Sampson criteria of anaphylaxis. Data were analyzed using a Microsoft Excel database. About 0.04% (100/230878) of all emergency visits in adults presented with anaphylaxis. 64% of patients received their first medical help later than 30 min after symptom onset. 67% of patients received adrenaline, 85% oral antihistamines, and 89% received IV glucocorticosteroids. 46/100 patients were discharged directly from the ED, of which 87% received further medical prescriptions for self-administration: 67% corticosteroids, 83% antihistamines, and 9% intramuscular adrenaline. 74% were instructed to consult an allergologist for adequate diagnosis. 54/100 patients were hospitalized. The majority of patients were treated according to the EAACI guidelines for management of anaphylaxis, but only a minority received the recommended adrenaline auto-injector for self-administration at discharge. Because the majority of patients received medical help later than 30 min after symptom onset, adrenaline auto-injector prescription is a necessity. The low rate of doctors prescribing adrenaline auto-injectors in the ED setting underlines the need to train doctors of various backgrounds in prevention and treatment of anaphylaxis and the close collaboration with allergologists. © 2016 John Wiley & Sons A/S. Published by John Wiley & Sons Ltd.

  4. Department

    African Journals Online (AJOL)

    USER

    2017-05-25

    May 25, 2017 ... Department of Animal production Federal University of Technology Minna – Niger state,. Nigeria ... principles by poultry farmers in Kwara State, Nigeria. The ma .... usually incur by broiler and layer farmers ... A multi-stage sampling technique .... their birds under intensive care, which is ... husbandry system.

  5. Judicial review on abuse of power by administrative authority%对行政机关滥用职权的司法审查

    Institute of Scientific and Technical Information of China (English)

    余凌云

    2009-01-01

    通过对三个典型案件的分析,法院之所以被认为很少直接引用第54条"滥用职权"的审查标准进行判决,主要是因为有关法律规定不明确,以及实际审判中法官更倾向于使用"转换技术",同时进一步揭示法院在实质性审查上存在的问题.%Through the analysis on three typical cases, it is believed why courts rarely make judgments directly based on the review criteria of "abuse of power" pursuant to article 54 of the Administrative Litigation Law is mostly that the relevant legal provisions are not clear. Besides, in hearings, judges are more inclined to use "conversion techniques". Meanwhile, it is further revealed of the issues existing in the substantive review of courts.

  6. Judicial Influence on Policy Outputs?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2015-01-01

    ) 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...

  7. 28 CFR 8.3 - Designation of the investigative bureau having administrative forfeiture authority; claims for...

    Science.gov (United States)

    2010-07-01

    ... having administrative forfeiture authority; claims for awards, offers in compromise and matters relating to bonds. 8.3 Section 8.3 Judicial Administration DEPARTMENT OF JUSTICE FBI FORFEITURE AUTHORITY FOR CERTAIN STATUTES § 8.3 Designation of the investigative bureau having administrative forfeiture...

  8. 75 FR 18867 - Privacy Act of 1974; Department of Homeland Security Transportation Security Administration-011...

    Science.gov (United States)

    2010-04-13

    ... Security Administration--011, Transportation Security Intelligence Service Operations Files Systems of... Administration--011 Transportation Security Intelligence Service Operations Files previously published on... Security Intelligence Service (TSIS) Operations Files System of Records (69 FR 71828, December 10,...

  9. An Analysis of the Curricula of Business Administration Departments in Turkish Universities with the Perspective of Civil Society Awareness

    Science.gov (United States)

    Ozdemir, Aytul Ayse; Sarikaya, Muammer

    2009-01-01

    The authors' goal was to analyze the curricula of business administration departments in state and private universities in Turkey, which have been offering courses such as business and society, social responsibility, business ethics, and management of nongovernmental organizations (NGOs). Of the 74 universities with business administration…

  10. An Analysis of the Curricula of Business Administration Departments in Turkish Universities with the Perspective of Civil Society Awareness

    Science.gov (United States)

    Ozdemir, Aytul Ayse; Sarikaya, Muammer

    2009-01-01

    The authors' goal was to analyze the curricula of business administration departments in state and private universities in Turkey, which have been offering courses such as business and society, social responsibility, business ethics, and management of nongovernmental organizations (NGOs). Of the 74 universities with business administration…

  11. 28 CFR 45.12 - Reporting to the Department of Justice Office of Professional Responsibility.

    Science.gov (United States)

    2010-07-01

    ... Office of Professional Responsibility. 45.12 Section 45.12 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) EMPLOYEE RESPONSIBILITIES § 45.12 Reporting to the Department of Justice Office of Professional... Professional Responsibility (DOJ-OPR), or to their supervisor, or their component's internal affairs office for...

  12. Judicial Influence on Policy Outputs?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2015-01-01

    The ability of courts to generate political change has long been debated in national, comparative, and international politics. In the examination of the interaction between judicial and legislative politics, scholars have disagreed on the degree of judicial power and the ability of politics...... 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...

  13. Administrative Challenges and Response Strategies to the Job Performance of Marketing Department Chairs.

    Science.gov (United States)

    Dyer, Beverly G.; Miller, Michael T.

    This study reports on the job challenges and corresponding response strategies that department chairs at graduate and undergraduate colleges and universities encounter and rely upon. Literature and research related to marketing department chairs, marketing education, and marketing majors indicates that business schools have come under attack by…

  14. Administrative and operational strategies of the coffee processing industry department of Caldas (Colombia

    Directory of Open Access Journals (Sweden)

    Felix Octavio Diaz Arango

    2016-07-01

    domestic and international markets. Furthermore, it was concluded that quality management depends on operating performance and productivity when it comes to increasing the competitiveness of the coffee processing industries in the Department of Caldas (Colombia.

  15. Judicial Dialogue and Human Rights

    NARCIS (Netherlands)

    Müller, A.; Kjos, H.E.

    2017-01-01

    This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada,

  16. 77 FR 38041 - TRICARE Management Activity Adoption of Department of the Treasury's Administrative Wage...

    Science.gov (United States)

    2012-06-26

    ... through offsetting Defense Finance and Accounting Service payments, the provisions of 32 CFR 199.11(f)(6... Treasury's Financial Management Service (FMS), to use administrative wage garnishment as an additional tool... garnishment procedures. The Treasury Financial Manual, Part 4-Chapter 4000, requires agencies...

  17. 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.

  18. 28 CFR 1100.29 - The roles and responsibilities of federal law enforcement, immigration, and Department of State...

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false The roles and responsibilities of federal law enforcement, immigration, and Department of State officials under the Trafficking Victims... and responsibilities of federal law enforcement, immigration, and Department of State officials...

  19. 28 CFR 27.3 - Investigations: The Department of Justice's Office of Professional Responsibility and Office of...

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Investigations: The Department of Justice's Office of Professional Responsibility and Office of the Inspector General. 27.3 Section 27.3... Department of Justice's Office of Professional Responsibility and Office of the Inspector General. (a)(1) An...

  20. Selected Regional Judicial Officer Cases, 2005 - Present

    Data.gov (United States)

    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...

  1. Arbitration and Judicialization

    Directory of Open Access Journals (Sweden)

    Alec Stone Sweet

    2011-12-01

    Full Text Available The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent” framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina’s response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization.

  2. Evaluating Judicial Performance: Editors’ Introduction

    Directory of Open Access Journals (Sweden)

    Francesco Contini

    2014-12-01

    Full Text Available The articles in this issue tackle the conceptual issues associated with defining good judging and the purposes of evaluating judges, and ask such questions as: What values are central to the judicial role? What knowledge, skills, abilities, and other qualities are important to judicial performance? What does scholarship tell us about judging and judicial performance? What are the challenges in measuring judicial performance, the extent to which existing evaluation programs can capture what it means to be a judge, and the potential for developing multi-method evaluation programs? An underlying theme is the nature and desirability of linking evaluations of individual judges with evaluations of the court system and the ways in which results from performance evaluation can be incorporated into educational and other programs designed to promote improvements in the quality of the judiciary. The papers cluster around three major themes: (i Conceptual and methodological issues; (ii Experiences of evaluating judges; and (iii Empirical research findings. Los artículos de este número abordan aspectos conceptuales asociados con el hecho de juzgar de forma correcta y los propósitos de evaluar a los jueces, y plantean preguntas como: ¿qué valores son básicos en el rol judicial? ¿Qué conocimiento, aptitudes, habilidades y otras cualidades son importantes para el rendimiento judicial? ¿Qué nos dice el mundo académico sobre el hecho de juzgar y el rendimiento judicial? ¿Cuáles son los retos en la medición del rendimiento judicial, hasta qué punto los programas de evaluación existentes pueden capturar lo que significa ser un juez, y el potencial para desarrollar programas de evaluación multidisciplinares? Un tema subyacente es la naturaleza y la deseabilidad de unir evaluaciones de jueces individuales con evaluaciones del sistema judicial, y las formas en las que los resultados del rendimiento judicial se pueden incorporar en programas educativos

  3. THE EFFECT OF PERSONALITY TRAITS ON LEADERSHIP BEHAVIORS: A RESEARCH ON THE STUDENTS OF BUSINESS ADMINISTRATION DEPARTMENT

    Directory of Open Access Journals (Sweden)

    Agah Sinan Ünsar

    2014-04-01

    Full Text Available In leadership definitions, it is generally approved that superior personality traits are one of the factors which form successful leadership. Furthermore, individuals follow leaders consistently and choose leaders as their role models. In this context; the purpose of this study is to investigate the effect of personality traits on leadership behaviors. Thus; a questionnaire has been implemented on the students of Trakya University Faculty of Economic and Administrative Sciences (FEAS and Vocational School of Social Sciences, Departments of Business Administration (Edirne-Turkey. Subsequently the findings have been commented by means of analyses and tables. Gender, grow-up places, educational level of students’ parents and types of high schools which students graduated from were found to affect the adopted leadership styles. Besides that, there are differences between the FEAS and the Vocational School students on extravert, responsible, open to experience personality traits and laissez-faire leadership style.

  4. 40 CFR 178.65 - Judicial review.

    Science.gov (United States)

    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...

  5. 31 CFR 341.7 - Judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings. 341.7 Section... BONDS § 341.7 Judicial proceedings. No judicial determinations will be recognized which would give... against a registered owner will be recognized when established by valid judicial proceedings, but in...

  6. 31 CFR 346.7 - Judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings. 346.7 Section... RETIREMENT BONDS § 346.7 Judicial proceedings. No judicial determination will be recognized which would give... claim against a registered owner will be recognized when established by valid judicial proceedings,...

  7. Administration

    DEFF Research Database (Denmark)

    Bogen handler om den praksis, vi kalder administration. Vi er i den offentlige sektor i Danmark hos kontorfolkene med deres sagsmapper, computere, telefoner,, lovsamlinger,, retningslinier og regneark. I bogen udfoldes en mangfoldighed af konkrete historier om det administrative arbejde fra...... forskellige områder i den offentlige sektor. Hensigten er at forstå den praksis og faglighed der knytter sig til det administrative arbejde...

  8. 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.

  9. 行政规划法律属性的三维度量--以司法救济为导向%Study on the Three-dimensional Measurement of Legal Attribute for Administrative Planning:Taking Judicial Remedy as an Orientation

    Institute of Scientific and Technical Information of China (English)

    朱军

    2015-01-01

    As a product of the development of modern administration law, the status of administrative planning in the field of administrative law is more and more prominent, but the behavior of the complexity of the qualitative restricts its development, especially in case of lack of judicial remedy space. The administrative planning behavior in time, space, content and their different perspectives lead to controversial on behavior qualitative. No matter the phased definition of course dimension, the progressive definition of hierarchy dimension or the elaborate definition of content dimension, each of them has its own merits. It is a crucial problem in the field of administration planning to deal with the relations between the nature of administrative planning under different dimensions and the judicial relief.%行政规划作为现代行政行为法发展的产物,其在行政法领域的地位越来越突出,但是该行为定性的复杂程度制约了其发展,尤其是在缺少司法救济空间的情况下。行政规划行为在时间、空间、内容以及考察视角上的不同,导致了其在行为定性上存在争议。过程维度的阶段型界定、层级维度下的递进性界定和内容维度下的铺陈式界定,在司法救济上各有千秋。处理好不同维度下行政规划的性质与司法救济的关系,是行政规划法领域至关重要的问题。

  10. Judicial Labor Relations in the European Union

    Directory of Open Access Journals (Sweden)

    Georgeta MODIGA

    2015-09-01

    Full Text Available The European social law represents the branch of the international labor law consisting of the regulations in this matter adopted by the Council of Europe, respectively the European Union. If the instruments elaborated within the Council of Europe are, in virtue of its objectives, limited as number, the law elaborated within the European Union, known as „community social law" knew full expansion in the latest years. In the current language, we are witnessing a confusion of terms, the collocation „European social law” being attributed either to the law created through the conventions and agreements of the Council of Europe, as „European” in title, or the law consisting of the regulations and directives of the European Union. In reality, in our opinion, both sets of regional norms, together, represent a new branch of international law, maybe insufficient grounded theoretically, the social European law. The work relations related to the European social law are not established only in the sector of production of material goods, but also in the section of nonproductive activities such as those units (economic agents, private and judicial entities, state or private, institutions, administrative authorities etc. which hire personnel for management or execution positions, in productive or nonproductive sectors (hold and exert administrative, sanitary etc. positions. The social work relations stemming from the individual labor contract have a leading position from the other typical or atypical forms, judicial work relations in the European social law and the law of the EU member states.

  11. Los retos del periodismo judicial

    Directory of Open Access Journals (Sweden)

    Lic. Javier Ronda Iglesias

    1999-01-01

    Full Text Available El periodista se consolida como un nuevo habitante de la administración de justicia. Es habitual su presencia para cubrir las numerosas informaciones que genera el complejo mundo judicial. Señala el autor que la fiebre por esta información especializada sigue creciendo cada día, ya que interesa al público y a los medios de comunicación. Este auge por la información judicial o de tribunales exige una mayor preparación específica del profesional, que redundará en la mejora de la calidad y veracidad de este hacer periodístico. Por ello, en este artículo se facilitan una serie de usos y recomendaciones para desarrollar convenientemente el periodismo judicial.

  12. Judicial review of Shaik's medical parole a viable option

    African Journals Online (AJOL)

    Dr. Loammi Wolf

    2005-06-02

    Jun 2, 2005 ... are part of the judicial branch to the other extreme of their being part of the executive, ... prosecutors in Bad Kreuznach, who refused to drop charges against ..... administrative action to the exercise of a public power, Wiechers ...

  13. 41 CFR 105-70.042 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Judicial review. 105-70.042 Section 105-70.042 Public Contracts and Property Management Federal Property Management Regulations System (Continued) GENERAL SERVICES ADMINISTRATION Regional Offices-General...

  14. 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.

  15. 36 CFR 218.14 - Judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... process set forth in this subpart fully implements Congress' design for a predecisional administrative... Section 218.14 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE PREDECISIONAL ADMINISTRATIVE REVIEW PROCESSES Predecisional Administrative Review Process for Hazardous Fuel Reduction Projects...

  16. 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.

  17. University Council for Educational Administration (UCEA) Academic Department Chairs' Self-Perceived Utilization of Bolman and Deal's Four-Frame Theoretical Model

    Science.gov (United States)

    Clark, Sonya L.; Lindahl, Ronald A.

    2014-01-01

    This study examined the Bolman and Deal leadership orientation preferred by academic department chairs (ADCs) of Educational Leadership or Administration programs at member colleges and universities of the University Council for Educational Administration (UCEA). A secondary purpose of the study was to examine how the preferred frame of the chairs…

  18. University Council for Educational Administration (UCEA) Academic Department Chairs' Self-Perceived Utilization of Bolman and Deal's Four-Frame Theoretical Model

    Science.gov (United States)

    Clark, Sonya L.

    2013-01-01

    The purpose of this study was to examine the Bolman and Deal leadership orientation preferred by academic department chairs (ADCs) of Educational Leadership or Administration programs at member colleges and universities of the University Council for Educational Administration (UCEA). A secondary purpose of the study was to examine how the…

  19. Judicial Independence Versus Public Supervision

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    At the annual Supreme People's Court conference on publicity work held in early September, Deputy Chief Justice Cao Jianming announced a few new measures to limit the media's access to several news sources, setting a future tone for releasing news of China's judicial system.

  20. THE ADMINISTRATIVE SYSTEM IN FRANCE

    OpenAIRE

    2012-01-01

    According to the Constitution promulgated on the 6th of October 1958, with the latest amendments made in 1999, France is a presidential republic. The three authority branches are broadly represented in the French administration: the judicial branch – French courts of law are divided into: judicial courts and administrative courts. Judicial courts are under the supreme authority of the Court of Cassation with jurisdiction to cancel judgments passed courts on inferior hierarchy levels and plays...

  1. 40 CFR 180.30 - Judicial review.

    Science.gov (United States)

    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...

  2. 44 CFR 7.15 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 7.15 Section...-Assisted Programs-General § 7.15 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act....

  3. 14 CFR 1250.110 - Judicial review.

    Science.gov (United States)

    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...

  4. 42 CFR 423.2136 - Judicial review.

    Science.gov (United States)

    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...

  5. 14 CFR 1264.141 - Judicial review.

    Science.gov (United States)

    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...

  6. 36 CFR 1150.104 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Judicial review. 1150.104 Section 1150.104 Parks, Forests, and Public Property ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE... Judicial review. Any complainant or participant in a proceeding may obtain judicial review of a final...

  7. 42 CFR 423.1976 - Judicial review.

    Science.gov (United States)

    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...

  8. 32 CFR 195.12 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Judicial review. 195.12 Section 195.12 National... RIGHTS ACT OF 1964 § 195.12 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act....

  9. 33 CFR 140.30 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Judicial review. 140.30 Section... CONTINENTAL SHELF ACTIVITIES GENERAL General § 140.30 Judicial review. (a) Nothing in this subchapter shall be construed to prevent any interested party from seeking judicial review as authorized by law. (b)...

  10. 31 CFR 28.630 - Judicial review.

    Science.gov (United States)

    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...

  11. 14 CFR 1262.309 - Judicial review.

    Science.gov (United States)

    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... United States having jurisdiction to review the merits of the underlying decision of the agency...

  12. 31 CFR 16.42 - Judicial review.

    Science.gov (United States)

    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...

  13. 36 CFR 1211.630 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Judicial review. 1211.630... FINANCIAL ASSISTANCE Procedures § 1211.630 Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20 U.S.C. 1683....

  14. 44 CFR 6.57 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 6.57 Section... SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 Requests To Amend Records § 6.57 Judicial review... requestor may seek judicial review of that determination. A civil action must be filed in the...

  15. 17 CFR 201.58 - Judicial review.

    Science.gov (United States)

    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...

  16. 31 CFR 92.18 - Judicial review.

    Science.gov (United States)

    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....

  17. 31 CFR 6.16 - Judicial review.

    Science.gov (United States)

    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)....

  18. 42 CFR 422.612 - Judicial review.

    Science.gov (United States)

    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...

  19. 实体判决要件与行诉受案范围规定之反思--从相关司法解释说开去%Substantive judge conditions and reflections on the judicial interpretations of the scope of accepting cases of administrative litigation

    Institute of Scientific and Technical Information of China (English)

    黄先雄

    2013-01-01

    Since the year of 2000, the Supreme People's Court has formulated a number of terms on the scope of accepting cases of administrative litigation which should not be formulated within the scope in its judicial interpretations. These terms don’t distinguish between the scope of accepting cases and other conditions for admissibility as well as trial on merits, thus increasing the difficulty to place cases on file for trial. We should learn from the institution of substantive judge conditions which is adopted in German, Japan and Taiwan. First, we should remove those inappropriate negative lists and simplify the terms on the scope of accepting cases of administrative litigation;Second, we should lower the suit’s “threshold” and weaken its function, and divide the boundary between judicial power and administrative power;Finally, we should increase an investigating procedure on substantive judge conditions or litigation interests narrowly defined so as to prevent the abuse of judicial resources.%  2000年以来最高人民法院的司法解释中把一些不属于受案范围的问题作为受案范围予以规定,混淆了受案范围与其他受理条件乃至本案审理内容的区别,使“受案范围”承受了不能承受之重,加剧了行政诉讼立案难。今后在修改《行政诉讼法》和制定相关司法解释的过程中,应借鉴域外实体判决要件制度的经验,厘清受案范围的范畴,删除不恰当的否定性列举,简化受案范围条款;降低起诉“门槛”,弱化受案范围条款的权力界限划分功能;增设“一般权利保护必要”或“狭义诉讼利益”审查环节,以防止司法资源被滥用。

  20. 32 CFR 719.115 - Release of information pertaining to accused persons; spectators at judicial sessions.

    Science.gov (United States)

    2010-07-01

    ... (Continued) DEPARTMENT OF THE NAVY PERSONNEL REGULATIONS SUPPLEMENTING THE MANUAL FOR COURTS-MARTIAL Trial... in open session. (viii) The scheduling of any stage in the judicial process. (ix) The denial by...

  1. 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.

  2. Fuel Cell Transit Bus Evaluations: Joint Evaluation Plan for the U.S. Department of Energy and the Federal Transit Administration (Report and Appendix)

    Energy Technology Data Exchange (ETDEWEB)

    Eudy, L.; Chandler, K.

    2010-11-01

    This document describes the fuel cell 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 Transportation's Federal Transit Administration (FTA). This document provides a description of the demonstration sites, funding sources, and data collection activities for fuel cell transit bus evaluations currently planned from FY10 through FY12.

  3. Mixed Blessing of Judicial Specialisation: the Devil is in the Detail

    Directory of Open Access Journals (Sweden)

    Alan Uzelac

    2014-01-01

    Full Text Available This article discusses from a critical perspective the issue of judicial specialisation. While accepting the assessment that judicial specialisation is a growing trend in a number of contemporary states, the author sets forth different perspectives and viewpoints on judicial specialisation which clearly show that the excessive enthusiasm should be subdued and that any attempt to specialise judges, court structures and procedures should be carefully balanced against the possible negative impact specialisation could have, both at the general level, and at the level of concrete gains related to administration of justice. The starting point of the analysis is the presentation of multiple forms that judicial specialisation can have. Aspects that are distinguished are judicial specialisation in narrow sense (jurisdictional specialisation and broader sense (internal, personal and procedural specialisation. Based on the data of the European Commission for the Efficiency of Justice (CEPEJ, it is concluded that there is no coherent or consistent approach to judicial and jurisdictional specialisation in Europe, both in respect to the level of specialisation, and in respect to the forms of specialisation. A discussion of the Opinion no. 15 of the Consultative Council of European Judges (CCJE shows that the viewpoint of judges and their professional organisations is also sceptical on certain aspects of specialisation, and that specialisation is considered to be potentially harmful for the unity of judicial profession and its main professional and ethical foundations. From the perspective of judicial administration, as demonstrated on the examples of international expert assistance to judiciaries of the Netherlands and Croatia, judicial specialisation is attractive, but often for wrong reasons. There is so far little comparative research on judicial specialisation, and the methodology of assessing its concrete benefits and detriments is not developed. Most

  4. Partnering to Move Students into College and Community-Oriented Careers: The Administration of Justice Department at East Los Angeles College

    Science.gov (United States)

    Kisker, Carrie B.; Hauser, Patrick

    2007-01-01

    Community colleges' partnerships with other organizations give students opportunities to gain a realistic understanding of what will be expected of them upon graduation, and they help create a seamless path from college to career. This chapter describes how the Administration of Justice (AJ) Department at East Los Angeles College has partnered…

  5. Self Assessment in Higher Education: An Empirical Evidence from the Department of Business Administration of Shahjalal University of Science and Technology, Bangladesh

    Science.gov (United States)

    Islam, Nazrul; Chowdhury, Mohmmad Ashraful Ferdous

    2015-01-01

    The paper aimed to explore the self assessment practices in higher education in Bangladesh with special reference to Department of Business Administration of Shahjalal University of Science and Technology. For self assessment purpose the researchers have collected opinion from students, alumni, employer and faculty members on eight areas. In…

  6. Catalogue of Workforce Information Sources: Decision Making Assistance for Regional Economic Development. U.S. Department of Labor, Employment and Training Administration

    Science.gov (United States)

    US Department of Labor, 2009

    2009-01-01

    In early 2006, The U.S. Department of Labor (DOL), Employment and Training Administration (ETA) began an initiative called Workforce Innovation in Regional Economic Development (WIRED) to help regions create competitive conditions, integrate economic and workforce development activities, and demonstrate that talent development can successfully…

  7. Judicial Review System in Perspective of State Governance System Modernization--Improving Current Administrative Procedure Law as Center%国家治理体系现代化视野中的司法审查制度--以完善现行《行政诉讼法》为中心

    Institute of Scientific and Technical Information of China (English)

    湛中乐; 赵玄

    2014-01-01

    It is pointed out in the third session of the eighteenth central committee of the CPC that the overall goal of deepening reform is improving and developing the socialist system with Chinese characteristics, in order to promote the modernization of the state governance system and ability. The state governance system modernization is in great degree the same as the rule of law system modernization. Since the judicial review system, which plays the roles of citizens’ legal rights and interests protection, government administration according to the law supervision and administrative dispute resolution, is indispensable in the entire rule of law system, its improvement will necessarily and effectively promotethe state governance system modernization in this new integrated rule of law construction era of the state, the government and the society. So the key to improve the administrative procedure law is to eliminate the institutional barriers in filling, trial and enforcement, targetedly building a judicial review system being commensurate with the state governance system modernization.%党的十八届三中全会指出,全面深化改革的总目标是完善和发展中国特色社会主义制度,推进国家治理体系和治理能力现代化。国家治理体系现代化在很大程度上就是法治体系现代化。而作为保障公民合法权益、监督政府依法行政、解决行政争议的司法审查制度在整个法治体系中不可或缺。在法治国家、法治政府和法治社会一体建设的新时期,司法审查制度的完善必将助力于国家治理体系现代化的有效推进。完善《行政诉讼法》的关键在于消除立案难、审判难、执行难的制度性障碍,有针对性地构建与国家治理体系现代化相称的司法审查制度。

  8. 17 CFR 200.64 - Judicial review.

    Science.gov (United States)

    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...

  9. 31 CFR 29.406 - Judicial review.

    Science.gov (United States)

    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...

  10. 49 CFR 397.225 - Judicial review.

    Science.gov (United States)

    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...

  11. 31 CFR 29.515 - Judicial review.

    Science.gov (United States)

    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...

  12. 40 CFR 173.9 - Judicial review.

    Science.gov (United States)

    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...

  13. 12 CFR 308.541 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Judicial review. 308.541 Section 308.541 Banks and Banking FEDERAL DEPOSIT INSURANCE CORPORATION PROCEDURE AND RULES OF PRACTICE RULES OF PRACTICE... Title 31, United States Code, authorizes judicial review by an appropriate United States District Court...

  14. United States Department of Energy National Nuclear Security Administration Sandia Field Office NESHAP Annual Report CY2014 for Sandia National Laboratories New Mexico

    Energy Technology Data Exchange (ETDEWEB)

    evelo, stacie [Sandia National Lab. (SNL-NM), Albuquerque, NM (United States); Miller, Mark L. [Sandia National Lab. (SNL-NM), Albuquerque, NM (United States)

    2015-05-01

    This report provides a summary of the radionuclide releases from the United States (U.S.) Department of Energy (DOE) National Nuclear Security Administration facilities at Sandia National Laboratories, New Mexico (SNL/NM) during Calendar Year (CY) 2014, including the data, calculations, and supporting documentation for demonstrating compliance with 40 Code of Federal Regulation (CFR) 61, Subpart H--NATIONAL EMISSION STANDARDS FOR EMISSIONS OF RADIONUCLIDES OTHER THAN RADON FROM DEPARTMENT OF ENERGY FACILITIES. A description is given of the sources and their contributions to the overall dose assessment. In addition, the maximally exposed individual (MEI) radiological dose calculation and the population dose to local and regional residents are discussed.

  15. 34 CFR 222.159 - When and where does a party seek judicial review?

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false When and where does a party seek judicial review? 222.159 Section 222.159 Education Regulations of the Offices of the Department of Education OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION IMPACT AID PROGRAMS Impact Aid...

  16. 29 CFR 1603.306 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991 Appeals § 1603.306 Judicial review. Any party to...

  17. ADMINISTRATIVE JUSTICE IN POLAND

    Directory of Open Access Journals (Sweden)

    J. Turłukowski

    2016-01-01

    Full Text Available This article begins with an analysis of the development of administrative justice in Poland over the last centuries. In particular, the author examines administrative jurisdiction before 1918, when Poland regained its independence, the period of the Duchy of Warsaw, the Kingdom of Poland, and the practice on Polish territory under Austrian and Prussian control. The author then moves to modern law by presenting the judicial system in Poland in general, especially the differences between the separate systems of general courts and administrative courts, and analyses the jurisdiction of voivodship (regional administrative courts, and the basic principles of judicial and administrative proceedings. The focus of study is mainly devoted to judicial and administrative procedure, rather than an administrative process of citizens before administrative authorities regulated in a separate Code of Administrative Procedure. The article describes the role of the judge (pointing out the differences between the active role of first instance judges and the limited capabilities of the judges of the appeal and the powers of the Supreme Court, in particular its power to adopt resolutions, which has agreat importance for the unification of the jurisprudence. A brief analysis is given to class actions, which in the Polish legal system are inadmissible in court and administrative proceedings. The articles provides a statistical cross-section illustrating the role of administrative jurisdiction. The author concludes with observations pointing up the progress of administrative jurisdiction in Poland, not only in the legal sense, but also in the cultural sense.

  18. 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.

  19. 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.

  20. Judicial Reform of the 1864 as a Stage of Russian Judicial System Democratic Development

    Directory of Open Access Journals (Sweden)

    Lyubov F. Miloserdova

    2014-03-01

    Full Text Available In the present article, author considers the place of judicial reform of 1864 in the public and social reforms of Alexander II. This paper attempts to show the place of justice in the legal system of Russian Empire in the post-reform period. Author emphasizes democratic and progressive nature of judicial reform of 1864, noting lack of preconditions for the formation of democratic judicial system under the autocracy. Author analyzes relationship and development of the judicial system and the dynamics of social relations. Author also revealed the way of judicial system in the formation of civil society prerequisites. This paper attempts to show and prove that judicial reform is actually a first step towards the formation of the Russian system of powers separation. Author concludes that undertaken by the Government of Russian Empire in the mid-nineteenth century attempt of the Russian Empire judicial system democratization had neither political nor social assumptions. In conclusion, author concludes that in the present conditions of judicial system democratization in modern Russian Federation a number of principles and institutions of judicial reform of 1864 was applied.

  1. The Department of Veterans Health Administration Office of Nursing Service, "transforming nursing in a national healthcare system: an example of transformation in action".

    Science.gov (United States)

    Wertenberger, Sydney; Chapman, Kathleen M; Wright-Brown, Salena

    2011-01-01

    The Department of Veterans Health Administration Office of Nursing Service has embarked on a multiyear transformational process, an example of which is the development of an organization-wide nursing handbook. The development of this handbook offered the opportunity to improve collaboration, redefine expectations and behavior, as well as prepare for the future of Nursing within the Veterans Health Administration. The lessons learned from this process have revolved around the themes of leadership skills for managing high-level change often in a virtual environment; constant collaboration; that the practice of nursing will continue to evolve on the basis of new evidence, technology, customer expectations, and resources; and that the process to accomplish this goal is powerful.

  2. Final report for the Department of Energy funded cooperative agreement ''Electronic Research Demonstration Project'' [University electronic research administration demonstration project

    Energy Technology Data Exchange (ETDEWEB)

    Rodman, John

    1998-07-31

    This is the final report for the Department of Energy (DOE) funded cooperative agreement ''Electronic Research Demonstration Project (DE-FC02-92ER35180)'' for the period August 1994-July 1998. The goal of the project, referred to as NewERA, was to demonstrate the use of open standards for electronic commerce to support research administration, otherwise referred to as Electronic Research Administration (ERA). The NewERA demonstration project provided a means to test interagency standards developed within the Federal Grant Electronic Commerce Committee, a group comprised of federal granting agencies. The NewERA program was initiated by DOE. NewERA was comprised of three separate, but related, ERA activities in preaward administration, postaward administration, and secure Internet commerce. The goal of New ERA was to demonstrate an open standard implementation of ERA using electronic data interchange, e-mail and Internet transaction security between grant applicants and DOE, along with t h e other participating agencies.

  3. Evaluation and recommendations for the Department of Energy-Farmers Home Administration small-town energy-planning grant program

    Energy Technology Data Exchange (ETDEWEB)

    Cannon, T.; Kron, N. Jr.

    1980-10-01

    DOE funded several small-town energy planning projects, through the Farmer's Home Administration (FmHA) Area Development Assistance Planning Grant Program. DOE intended that this program should: (1) encourage community energy planning and the development of Integrated Community Energy Systems (ICES) and (2) provide a testing ground for the technologies and planning methods developed by its Buildings and Community Systems Division. FmHA intended that the joint program should further the development of rural areas and make DOE expertise available to grant recipients doing energy planning. All grantees under this joint program endeavored to define their local energy problems and to find local solutions. However, the resulting energy cost savings were not always impressive, and generally they were not very well documented. Lack of implementation power, lack of focus, and inability to generate local financial support for projects and further planning were the main reasons for this performance. The lack of sufficient documentation could be the result of DOE's failure to require a standardized and systematic accounting of grantees' accomplishments. The recommended changes in the scope-of-work requirements suggested in this report would cause grantees to focus their energy-planning activities so as to increase local financial support. The appendixes give a standardized format by which grantees would account for the energy savings and production made possible by their planning efforts.

  4. Does Routine Midazolam Administration Prior to Nasogastric Tube Insertion in the Emergency Department Decrease Patients' Pain? (A Pilot Study).

    Science.gov (United States)

    Manning, Chelsea Taylor; Buinewicz, Jacob Dillon; Sewatsky, Thomas Patrick; Zgonis, Evangelia; Gutierrez, Kathy; O'Keefe, Michael F; Freeman, Kalev

    2016-07-01

    Patients report pain and discomfort with nasogastric tube (NGT) intubation. We tested the hypothesis that premedication with midazolam alleviates pain during NGT placement in the emergency department (ED) by > 13 on a 100-mm visual analog scale (VAS). We performed a double-blind randomized controlled pilot study, assigning ED patients requiring NGT placement to midazolam or placebo. All patients received intranasal cophenylcaine; additionally, they received an intravenous (IV) dose of the study drug, either 2 mg of IV midazolam or saline control. Nurses placed NGTs while observed by research staff, who then interviewed subjects to determine the primary outcome of pain using a VAS. Additional data collected from patients and their nurses included discomfort during the procedure, difficulty of tube insertion, and complications. We enrolled 23 eligible patients and obtained complete data in all: 10 midazolam and 13 controls. We found a significant reduction in mean pain VAS score of -31 (95% confidence interval = -53 to -9 mm) with 2 mg of midazolam (mean ± SD = 52 ± 30 mm), compared to placebo (mean ± SD = 21 ± 18 mm), more than double the effect size considered clinically relevant. Treatment did not impact ease of placement and there were no serious adverse effects. Premedication with 2 mg of IV midazolam reduces pain of NGT insertion in ED patients without the need for full procedural sedation. © 2016 by the Society for Academic Emergency Medicine.

  5. Is judicial integrity a norm? An inquiry into the concept of judicial integrity in England and the Netherlands

    NARCIS (Netherlands)

    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

  6. Special Administrative Jurisdictions

    Directory of Open Access Journals (Sweden)

    Vasilica Negruț

    2016-05-01

    Full Text Available The Constitution of Romania revised in 2003 establishes the free and voluntary nature of the special administrative jurisdictions, a fact which allows the party concerned to address either the administrative-judicial body or directly the court. If they opted for the administrative-judicial way, it must be followed to the end, then, under the terms established by the law, the party may address the court, under the right of access to justice provided by article 21 of the constitution. The administrative jurisdiction is an activity of solving an administrative litigation by specific procedural rules of judicial procedure, based on the principle of the independence, of insuring the right to defense and the administrative-jurisdictional independence activity, which results in a jurisdictional administrative act. In order to achieve the objectives of the paper, namely to highlight the essential elements of the resolution of litigation according to special administrative jurisdictions, we have achieved an analysis of the legislative acts referring to this activity, of the doctrine and jurisprudence. After examination and empirical research, the paper summarizes and specifies the general conclusions on the role and importance of special administrative courts.

  7. A Speech Act Analysis of Judicial Decisions

    OpenAIRE

    BERNAL, Carlos L.

    2007-01-01

    According to the theory of speech acts, speech is a kind of action. He, who says something, does something. Certainly, when a judge or a court makes a decision, he or it says something. He performs some (locutionary) acts like uttering or writing some sentences. However, there is something further he does, namely, by uttering or writing some sentences in the appropriate context, he makes a judicial decision. In a judicial decision the judge says something about the law, the facts of the case,...

  8. The Ombudsman and the Judicial Power. The Romanian Experience

    Directory of Open Access Journals (Sweden)

    Emil BĂLAN

    2009-06-01

    Full Text Available The main objective of the present paperconsists in evaluating the judicial actions of theOmbudsman and in determining its position inthe framework of the legal instruments placedat his/hers disposal for carrying out the missionsconferred by the legal norms and the publicexpectances.The paper aims at (1 identifying the historicalstages during which were introduce the legalinstruments at the Ombudsman’s disposal, (2studying the institutional reforms generated bythe modifications of the Romanian Constitutionfrom 2003, (3 analyzing the Romanian practiceconcerning the People’s Advocate (RomanianOmbudsman intervention into the constitutionaljustice and in front of the administrative reviewcourts, and (4 effectuating a foray in the Europeanpractice and achieving a comparative study inthe field.The research is conducted within the projectentitled “The right to a good administration andits impact on public administration’s procedures”(PN II CCSIS ID_698 financed by the RomanianNational University Research Council.

  9. Administration of Chemistry, Research Department

    African Journals Online (AJOL)

    KINETICS AND MECHANISM OF THE DIAZO COUPLING REACTION. OF ARENEDIAZO ..... by the transition state theory as v = k; I DEH" l fri / x .... d and M are the density and the molecular weight of dioxane or propan-2-ol, respectively, and x ...

  10. Administration of Chemistry, Research Department

    African Journals Online (AJOL)

    KINETICS AND MECHANISM OF THE DIAZO COU PLIHG REACTION. OF ARENEDIAZO ..... may be formulated by the transition state theory as .... d and M are the density and the molecular weight of dioxarie or propan-2-01, respectively, and ...

  11. Administration of Chemistry, Research Department

    African Journals Online (AJOL)

    rates of this acid catalyzed reaction in dioxane - water, ethanol - water, ... range of medium composition, at hydrochloric acid concentrations of 0.1 and 1 M. .... equation. mHA fHA fnzo =KSH+ mSH+ fSH+ ngo as + = KHA. 30 mA- fA— fS. (4).

  12. Judicial system of the Russian Federation: reforming errors

    Directory of Open Access Journals (Sweden)

    Gaydidey Yu.M.

    2014-12-01

    Full Text Available The urgency of considering problems of modern Russian judicial system and judicial policy is emphasized. The author proves the necessity to study the judicial system of our country in detail. The content of judicial system is analyzed and its structural elements are described. Factors determining the structure of national judicial system are characterized. The main feature of the Russian judicial system is noted, notably: centralization (there is no independent judicial authority in regions except constitutional justice. Considering the judicial system as hierarchically structured set of courts is too simplified and is not conformable to modern justice tasks. The ways of optimizing the system of courts as well as the judicial system of the Russian Federation are proposed. Interim results of the reform in the form of abolishment of the RF Supreme Arbitration Court are negatively evaluated. Intraorganizational transformations have substituted the evolutionary development of the judicial system and the necessity to improve the justice itself. The author confirms that development of relevant draft bill was not accompanied by conducting public researches, studying statistical data, and making general conclusions, proving the efficiency of establishing an integrated supreme court. Threats and challenges to law order are ignored. Supreme courts integration has virtually established a new judicial system, though the proper legal base for it has not been developed. The viewpoints of researchers, warning against negative effects of such reform, are provided. It is concluded that the law under study does not meet present demands of the Russian judicial system.

  13. 28 CFR 36.204 - Administrative methods.

    Science.gov (United States)

    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...

  14. 28 CFR 11.9 - Administrative offset.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Administrative offset. 11.9 Section 11.9... Administrative offset. (a) Collection. The organization head may collect a claim pursuant to 31 U.S.C. 3716 from... administrative offset of monies other than salaries payable by the government. Collection by...

  15. 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.

  16. CDA Judicial Council: blending idealism and practicality.

    Science.gov (United States)

    Kiger, Robert D

    2013-07-01

    The California Dental Association Judicial Council has the responsibility for interpreting and enforcing the Code of Ethics, for disciplining members and for fostering a climate of education and ethics awareness for CDA members. The Council recognizes the inherent difficulty in rigid enforcement of the Code of Ethics, and chooses to take an approach that educates and encourages members to embrace the highest standards of our profession as outlined in the Code.

  17. Judicial considerations with regard to civil liability.

    Science.gov (United States)

    Pittelli, S D; Muñoz, D R

    2007-03-01

    This paper addresses the relationship between the doctrinaire position of a judge in terms of the civil liability objective and subjective theories and the results of their decisions in terms of "acquittal/against judgments". A system of classification of matter of fact results is proposed and the influence on the result of the decision of each category is also tested. The material consists of 71 records of judicial procedures from São Paulo State Court of Justice.

  18. 28 CFR 68.26 - Designation of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  19. 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.

  20. Administrative Data Repository (ADR)

    Data.gov (United States)

    Department of Veterans Affairs — The Administrative Data Repository (ADR) was established to provide support for the administrative data elements relative to multiple categories of a person entity...

  1. China's Judicial Protection of Human Rights

    Institute of Scientific and Technical Information of China (English)

    SHEN LIANG

    2007-01-01

    @@ China has devoted great efforts to improving judicial protection of human rights in the past 30 years.It has ratified the International Covenant on Economic,Social and Cultural Rights,signed but yet to ratify the International Covenant on Civil and Political Rights and become a state party to the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment.In March 2004,the 10th National People's Congress adopted at its second plenary session the amendments to the Constitution,writing "the state respects and protects human rights" into the Constitution,declaring that China will use legal means to protect and safeguard human rights.

  2. Evaluating Judicial Performance and Addressing Gender Bias

    Directory of Open Access Journals (Sweden)

    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

  3. Procedural and Substantive Judicial Review of the Right to Health in Brazil

    OpenAIRE

    R. Perlingeiro

    2015-01-01

    This text seeks to identify the objective and subjective aspects of rights to an existential minimum in health care, based on international parameters which, because they are restricted to the internal scope of a nation, depend on a constitutional basis and on comprehensible facts, the demonstration of which should be the responsibility of the national administrative authority. Regarding the judicial review of the minimum right to healthcare, this paper points out that it is a serious mistake...

  4. 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.

  5. Collaborators at domestic jurisdiction: the case of the Basque Government in the setting up of the new Judicial Office in the Basque Country

    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.

  6. Reforma al poder judicial de la federación

    OpenAIRE

    Santiago Nieto Castillo

    2007-01-01

    Por Reforma Judicial se entiende el proceso de diagnóstico, evaluación, propuesta de modificación (estructural y procedimiental) que se realiza en un Poder Judicial para fortalecerlo. Para diseñarla, es necesario conjugar tres ejes conceptuales (independencia, eficiencia-eficacia, accesibilidad) con las categorías institucionales que nos dibuja la forma de organización del poder judicial.

  7. Dimensões da governança judicial e sua aplicação ao sistema judicial brasileiro Judicial governance dimensions and their appointment to the Brazilian judicial system

    Directory of Open Access Journals (Sweden)

    Luiz Akutsu

    2012-06-01

    Full Text Available A administração da Justiça brasileira enfrenta dificuldades crônicas de acessibilidade da população de menor renda à Justiça, de morosidade e de baixa eficácia das deliberações judiciais. O presente estudo busca contribuir para o exame de soluções para tais dificuldades, tendo como objetivos identificar dimensões relacionadas ao conceito de governança judicial estudadas em pesquisas empíricas recentes e discutir como tais dimensões podem influenciar o desempenho do sistema judicial brasileiro. As seguintes dimensões foram identificadas: independência judicial; accountability; acessibilidade à Justiça; estrutura do Poder Judiciário; recursos estratégicos do Poder Judiciário; e desempenho do sistema judicial. Ante a escassez de estudos empíricos sobre gestão do judiciário em geral e do Brasil em particular, foram formuladas propostas de pesquisas para avaliar, entre outros aspectos: (a a influência do desenvolvimento dos recursos estratégicos no desempenho do Poder Judiciário; e (b o impacto, na diminuição da corrupção do sistema judicial brasileiro, do aumento da independência judicial e da garantia de que os juízes sejam accountables perante a sociedade.The Brazilian justice management faces chronic difficulties of accessibility of lower income population to justice, the slowness and low effectiveness of the judicial decisions. In order to contribute to the analysis of solutions to these difficulties, the objectives of this paper are to identify dimensions related to the concept of judicial governance studied in recent empirical researches, and discuss how these dimensions can push the performance of the Brazilian judicial system. The following dimensions were identified: Judicial Independence, Accountability, Accessibility to Justice; Structure of the Judiciary; Strategic Resources of the Judiciary, and Judiciary's Performance. Faced with the scarcity of empirical studies on management of the judiciary

  8. 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.

  9. 28 CFR 68.28 - Authority of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

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

  10. Administrative Circulars

    CERN Multimedia

    Département des Ressources humaines

    2004-01-01

    Administrative Circular N° 2 (Rev. 2) - May 2004 Guidelines and procedures concerning recruitment and probation period of staff members This circular has been revised. It cancels and replaces Administrative Circular N° 2 (Rev. 1) - March 2000. Administrative Circular N° 9 (Rev. 3) - May 2004 Staff members contracts This circular has been revised. It cancels and replaces Administrative Circular N° 9 (Rev. 2) - March 2000. Administrative Circular N° 26 (Rev. 4) - May 2004 Procedure governing the career evolution of staff members This circular has also been revised. It Administrative Circulars Administrative Circular N° 26 (Rev. 3) - December 2001 and brings up to date the French version (Rev. 4) published on the HR Department Web site in January 2004. Operational Circular N° 7 - May 2004 Work from home This circular has been drawn up. Operational Circular N° 8 - May 2004 Dealing with alcohol-related problems...

  11. A Comparison of Perceptions of Administrative Tasks and Professional Development Needs of Chairpersons/Heads of Departments in Australia and the U.S.

    Science.gov (United States)

    Seagren, Alan T.; Creswell, John W.

    Management tasks of department chairs and their perceived needs for staff development were studied in Australian Colleges of Advanced Education (CAE), U.S. state colleges, and a U.S. university. Data were obtained from 679 Australian and 98 U.S. department heads, using similar instruments developed by the Nebraska-Lincoln Task Force on Management…

  12. Does Judge Turnover Affect Judicial Performance?

    DEFF Research Database (Denmark)

    Guerra, Alice; Tagliapietra, Claudio

    2017-01-01

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

  13. La competencia judicial en sede de concursos

    Directory of Open Access Journals (Sweden)

    Siegbert Rippe

    2014-07-01

    Full Text Available Es nuestro propósito comentar las normas concursa les contenidas en la Ley de Urgencia I1, en sede de competencia judicial, para lo cual dividiremos nuestra exposición en dos partes: en primer lugar, examinaremos el arto 12 de dicha ley, referido a las disposiciones en materia de competencia judicial; y en segundo lugar, procederemos a analizar el arto 13 de la misma ley, relativo al fuero de atracción.Adicionalmente, comentaremos algunas disposiciones contenidas en la ley 17.613, Ley de Fortalecimiento del Sistema Bancario, en cuanto se relaciona con la temática del presente trabajo.En atención a las limitaciones derivadas del tiempo asignado para la presente colaboración, no pretendemos describir a la letra la normativa referente a los temas a tratar sino centrarnos en los aspectos esenciales de aquellas, señalando adicionalmente que nuestros planteamientos se orientarán a los aspectos más conflictivos que advertimos en la oportunidad,algunos de los cuales seguramente no serán compartidos por la doctrina comercial dominante teniendo en cuenta, por lo pronto, ciertos antecedentes históricos sobre el particulary diversos pronunciamientos efectuados a partir de la publicación de la ley 17.292, como son, por ejemplo, los aportes realizados por los Dres. 1. Creimer y D. Puceiro, así como por los Dres. N. Rodríguez Olivera y C. Martínez Blanco.

  14. Peers and Plagiarism: The Role of Student Judicial Boards

    Science.gov (United States)

    Whitaker, Elaine

    2007-01-01

    After reading Kathryn Valentine's article that talked about her interaction with a Chinese student accused of plagiarism, the author was reminded of the effectiveness of student judicial boards. In this article, the author describes the benefits of having a student judicial board in fighting off plagiarism among students. She relates that although…

  15. Semantic Storyboard of Judicial Debates: A Novel Multimedia Summarization Environment

    Science.gov (United States)

    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…

  16. The judicial process: an overview from the TDA Council on Ethics and Judicial Affairs.

    Science.gov (United States)

    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.

  17. Impact of Age, Sex and Route of Administration on Adverse Events after Opioid Treatment in the Emergency Department: A Retrospective Study

    Directory of Open Access Journals (Sweden)

    Raoul Daoust

    2015-01-01

    Full Text Available BACKGROUND: The efficacy of opioids for acute pain relief in the emergency department (ED is well recognized, but treatment with opioids is associated with adverse events ranging from minor discomforts to life-threatening events.

  18. 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

  19. La Gaceta Judicial (1861-1862

    Directory of Open Access Journals (Sweden)

    Vania Ramos Núñez

    1997-12-01

    Full Text Available La elaboración del índice que presentamos ha sido emprendida usando dos colecciones de la Biblioteca Nacional del Perú. Una de ellas puede hallarse en la Colección Porras de la Sala Alberto Tauroo antigua sala de investigaciones, bajo el código XPPB/340/Gl2J/1857. Dicha colección se encuentra incompleta y ha sido compaginada junto a la Gaceta de los Tribunales (1857-1860 con la que comparte un volumen. La segunda, en mejor estado de conservación, base primordial de este trabajo, pudo consultarse en la vieja hemeroteca, hoy Sala «José Antonio Miró Quesada», hallándose virtualmente completa. Unicamente faltaban los números 4 y 218, correspondientes al 22 de mayo de 1861 y al 26 de febrero de 1862, respectivamente. La Gaceta Judicial/P.1861, en el fondo hemerográfico, es la única seña que identifica a esta segunda colección.

  20. Improvements of Judicial Systems: European Experiences

    Directory of Open Access Journals (Sweden)

    Pim Albers

    2008-01-01

    Full Text Available A proper function of courts is to positively influence the economic development of societies. Companies or enterprises are best served when courts function in a fast, fair and affordable manner. However, courts exist not only for the sake of companies, but to bring justice to citizens in accordance with the rule of law. I will focus little attention on the difficulties associated with defining the concept of rule of law. However, it is important to emphasize that developed societies must respect the rule of law. They do so by ensuring an independent judiciary, an impartial court system, a degree of separation of powers between the executive, legislative and the judicial powers of government, and the right to a fair trial. In the greater European community, these essential conditions are set forth in article 6 of the European Convention on Human Rights which states that: “(… everyone is entitled to a fair and public hearing within reasonable time by an independent and impartial tribunal established by law

  1. La Rama Judicial frente al conflicto armado

    Directory of Open Access Journals (Sweden)

    Luis Alberto Gómez Araujo

    2003-01-01

    Full Text Available La Rama Judicial en Colombia ha sido victima continua de la violencia, pero en igual sentido, se ha convertido también en un factor generador en la medida en que la falta de una pronta y cumplida justicia o la imposibilidad de acceder a ella, trae como consecuencia una desconfianza en la institucionalídad y una tenencia a la búsqueda de otras soluciones al margen de la ley. No obstante la existencia de un marco normativo idóneo para impulsar procesos de paz en Colombia y los intentos formales por acudir a los mecanismos concertados de solución de conflictos, el fracaso de tales esfuerzos se debe a la ausencia de voluntad política real de los actores del conflicto, lo que ha venido generando en la comunidad incredulidad y desesperanza en la solución del conflicto por estas vias. Sin embargo, es vital para elfuturo de la sociedad colombiana persistir en la exploración defórmulas que busquen una salída a la coyuntura dolorosa de violencia que estamos pasando.

  2. Probe into Demarcation Between the Veterinary Departments and Food and Drug Administrations in Supervision over Animal Product Markets and Freezing Houses%对兽医和食药监部门监管边界划分的探讨

    Institute of Scientific and Technical Information of China (English)

    邓勇; 姜东平; 郑艳; 聂明建; 陈波; 江雨来; 杨乾穗

    2014-01-01

    With regard to the administrative dispute between veterinary departments and food and drug administrations on the supervision over animal product markets and freezing houses,it is proposed in the article that the food and drug administrations should play a major role in the inspection of animal products and freezing houses with the veterinary departments as a supplementary role according to the rules issued before and after the reform of food inspection administrative structure and the cases throughout country and taking the current situation into consideration.%针对基层兽医部门与工商、食药监部门对动物产品在市场环节、冻库环节的监管争议,本文结合食品监督管理体制改革前后的若干规定和各地的实际案例进行分析探讨,并提出当前形势下,对动物产品市场和冻库的监管以食药监部门监管为主,兽医部门为辅。

  3. 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.

  4. 42 CFR 457.208 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ...) The State must file a petition for review with the U.S. Court of Appeals for the circuit in which the... court files a copy of the petition with the Administrator, the Administrator files in the court the record of the proceedings on which the determination was based. (c) Court action. (1) The court is...

  5. Access to treatment for phenylketonuria by judicial means in Rio Grande do Sul, Brazil.

    Science.gov (United States)

    Trevisan, Luciano Mangueira; Nalin, Tatiele; Tonon, Tassia; Veiga, Lauren Monteiro; Vargas, Paula; Krug, Bárbara Corrêa; Leivas, Paulo Gilberto Cogo; Schwartz, Ida Vanessa Doederlein

    2015-05-01

    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.

  6. A judicial rashomon: on ageism and narrative justice.

    Science.gov (United States)

    Doron, Israel

    2012-03-01

    How are old people treated in courts? How do judges construct old age? To what extent judicial decisions regarding older persons reflect ageist attitudes? Historically, these questions have received relatively little attention in gerontological literature. This Israeli case-study tries to add a new dimension to the growing literature in the field of jurisprudential gerontology, in a context that so far received little attention: narrative justice. More specifically, this study combines a narrative-justice theoretical approach, with a legal case-study methodology, in order to explore the relationships between judicial narratives and ageism. The narrative analysis presented in this case study exposes how in contrast to common perception, which views legal decisions as objective and unimaginative texts, reality is different. The judicial case studied in this article exemplify how in real life, judges often construct a socio-judicial narrative, embellished by personal bias and prejudices regarding old age.

  7. 42 CFR 405.990 - Expedited access to judicial review.

    Science.gov (United States)

    2010-10-01

    ... controversy. (1) If a provider or supplier is granted judicial review in accordance with this section, the... obligations issued for purchase by the Federal Supplementary Medical Insurance Trust Fund for the month in... or suppliers under Medicare. ALJ Hearings...

  8. Judicial Review of Antitrust Decisions: Q&A

    Directory of Open Access Journals (Sweden)

    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.

  9. Judicial Decisions in the Field of Labour Law.

    Science.gov (United States)

    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)

  10. Judicial attitude to environmental litigation and access to ...

    African Journals Online (AJOL)

    Journal of Sustainable Development Law and Policy (The) ... victims of oil spill and environmental degradation are often left without judicial remedies. ... victims of environmental degradation may continue to fuel militancy in the years ahead.

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

    Directory of Open Access Journals (Sweden)

    Anne Wallace

    2012-12-01

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

  12. Memorandum from the Legal Service and the HR Department concerning the 2005 income tax declaration forms sent by the Geneva Tax Administration

    CERN Multimedia

    2006-01-01

    Following the introduction of the internal taxation of salaries and emoluments of members of the CERN personnel as of 1st January 2005 (cf. Bulletin N°48-49/2005 - 28.11.2005-05.12.2005), the Geneva Tax Administration has communicated the following information on the procedure for completing the 2005 income tax declaration form, to be returned by 31 March 2006 at the latest. I - Members of the personnel of Swiss nationality residing in the canton of Geneva a) The 2005 income tax declaration form must be returned to the cantonal tax administration, duly completed, dated and signed. No details of remuneration, payments or any other financial benefits paid by CERN should be given in the 'revenus' section. The following note should be made in the final section under 'Observations': 'membre du personnel du CERN assujetti à l'impôt interne du CERN'. b) Members of the personnel of Swiss nationality residing in the canton of Geneva shall remain registered as tax-payers in the canton of Geneva. II - Members...

  13. Memorandum from the Legal Service and the HR Department concerning the 2005 income tax declaration forms sent by the Geneva Tax Administration

    CERN Multimedia

    2006-01-01

    Following the introduction of the internal taxation of salaries and emoluments of members of the CERN personnel on 1st January 2005 (cf. Bulletin No. 48-49/2005 - 28.11.2005-05.12.2005), the Geneva Tax Administration has communicated the following information on the procedure for completing the 2005 income tax declaration form, to be returned by 31st March 2006 at the latest. I - Members of the personnel of Swiss nationality residing in the Canton of Geneva a) The 2005 income tax declaration form must be returned to the Cantonal tax administration, duly completed, dated and signed. No details of remuneration, payments or any other financial benefits paid by CERN should be given in the 'revenus' section. The following note should be made in the final section under 'Observations ': ' membre du personnel du CERN assujetti à l'impôt interne du CERN '. b) Members of the personnel of Swiss nationality residing in the Canton of Geneva shall remain registered as tax-payers in the Canton of Geneva. II - Mem...

  14. 论司法能动%On Judicial Activism

    Institute of Scientific and Technical Information of China (English)

    吴永福

    2012-01-01

    Judicial activism give judges the right to create rules on the condition that there are legal loopholes in laws or there is no precedent to follow.The judges of contemporary China should exert judicial activism,fully consider the factors of law,morality,policy,and economy in the process of judging,and make judicial decisions and other judicial activities more reasonable and be in line with the spirit of the law.Exerting judicial activism should follow certain rules and restrictions,not pure extreme judicial activism.%司法能动赋予法官在法律存在漏洞或无先例可循的情况下创制规则的权力。当代中国的法官应当发挥司法能动性,在裁决过程中充分考虑法律、道德、政策、经济等多种因素,使司法裁决等司法活动,更加符合理性,更加符合法律精神。司法能动的发挥应当遵循一定的规则和限制,而不是纯粹的极端司法能动主义。

  15. Judicial Districts, Judicial District, Published in 1999, 1:12000 (1in=1000ft) scale, Lafayette County Land Records.

    Data.gov (United States)

    NSGIC GIS Inventory (aka Ramona) — This Judicial Districts dataset, published at 1:12000 (1in=1000ft) scale, was produced all or in part from Published Reports/Deeds information as of 1999. It is...

  16. Judicial Districts, nevada judicial districts, Published in 2006, 1:1200 (1in=100ft) scale, Washoe County.

    Data.gov (United States)

    NSGIC GIS Inventory (aka Ramona) — This Judicial Districts dataset, published at 1:1200 (1in=100ft) scale, was produced all or in part from Other information as of 2006. It is described as 'nevada...

  17. Use of an electronic administrative database to identify older community dwelling adults at high-risk for hospitalization or emergency department visits: The elders risk assessment index

    Directory of Open Access Journals (Sweden)

    Chaudhry Rajeev

    2010-12-01

    Full Text Available Abstract Background The prevention of recurrent hospitalizations in the frail elderly requires the implementation of high-intensity interventions such as case management. In order to be practically and financially sustainable, these programs require a method of identifying those patients most at risk for hospitalization, and therefore most likely to benefit from an intervention. The goal of this study is to demonstrate the use of an electronic medical record to create an administrative index which is able to risk-stratify this heterogeneous population. Methods We conducted a retrospective cohort study at a single tertiary care facility in Rochester, Minnesota. Patients included all 12,650 community-dwelling adults age 60 and older assigned to a primary care internal medicine provider on January 1, 2005. Patient risk factors over the previous two years, including demographic characteristics, comorbid diseases, and hospitalizations, were evaluated for significance in a logistic regression model. The primary outcome was the total number of emergency room visits and hospitalizations in the subsequent two years. Risk factors were assigned a score based on their regression coefficient estimate and a total risk score created. This score was evaluated for sensitivity and specificity. Results The final model had an AUC of 0.678 for the primary outcome. Patients in the highest 10% of the risk group had a relative risk of 9.5 for either hospitalization or emergency room visits, and a relative risk of 13.3 for hospitalization in the subsequent two year period. Conclusions It is possible to create a screening tool which identifies an elderly population at high risk for hospital and emergency room admission using clinical and administrative data readily available within an electronic medical record.

  18. Department of Education (DOE)

    Data.gov (United States)

    Social Security Administration — The purpose of this agreement is to assist the U.S. Department of Education in its obligation to ensure that applicants for student financial assistance under Title...

  19. Nebraska Department of Transportation

    Science.gov (United States)

    The EPA is providing notice of a proposed Administrative Penalty Assessment against the Nebraska Department of Transportation, a state agency located at 1500 Highway 2, Lincoln, NE 68509, for alleged violations of its municipal separate stormwater sewer sy

  20. Kári á Rógvi, West-Nordic Constitutional Judicial Review: A Comparative Study of Scandinavian Judicial Review and Judicial Reasoning (Copenhagen: Djøf Publishing, 2013

    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

  1. Judicial processes and legal authority in pre-colonial Bali

    Directory of Open Access Journals (Sweden)

    Helen Creese

    2009-12-01

    Full Text Available Law codes with their origins in Indic-influenced Old Javanese systems of knowledge comprise an important genre in the Balinese textual record. Written in Kawi – a term encompassing Old Javanese, Middle Javanese and High Balinese – the legal corpus forms a complex and overlapping web of indigenous legal texts and traditions that encompass the codification and administration of civil and criminal justice as well as concepts of morality and right conduct. The most significant codes include the Adhigama, Ku??ram?nawa, P?rw?dhigama, S?rasamuccaya, Swarajambu, Dew?gama (also called Kr?topapati and Dewadanda. Each of these law codes belongs to a shared tradition of legal thought and practice that is linked to Sanskrit M?navadharma??stra traditions. Manu’s code, most notably the a??ada?awyawah?ra section detailing the eighteen grounds for litigation, was adopted as the model of legal textual principle in the early stages of contact between ancient India and the Indonesian archipelago. Over the course of many centuries, this model informed legal and juridical practice and was adapted and modified to suit indigenous needs. The law codes remained in use in Java until the advent of Islam towards the end of the fifteenth century, and in Bali until the colonial period in the late nineteenth and early twentieth centuries. The Balinese legal textual corpus comprises dozens of interrelated manuscripts, some complete and some fragmentary. They provide significant insights in to pre-colonial judicial practices and forms of government. This article provides a survey of the corpus of legal texts and explores the nature of law in pre-colonial Bali.

  2. Transportation Security Administration

    Science.gov (United States)

    ... content Official website of the Department of Homeland Security Transportation Security Administration A - Z Index What Can I Bring? ... form Search the Site Main menu Administrator Travel Security Screening Special Procedures TSA Pre✓® Passenger Support Travel ...

  3. Administration for Community Living

    Science.gov (United States)

    ... Public Input Working Together, in Our Communities The Administration for Community Living was created around the fundamental ... Players U.S. Department of Health and Human Services, Administration for Community Living

  4. Administrative & Operational Circulars - Reminder

    CERN Multimedia

    HR Department

    2011-01-01

    All Administrative and Operational Circulars are available on the intranet site of the Human Resources Department at the following address: http://cern.ch/hr-docs/admincirc/admincirc.asp Department Head Office  

  5. Chairing a Small Department.

    Science.gov (United States)

    Bowker, Lee H.; Lynch, David M.

    Ten management problems for chairs of small departments in small colleges are discussed, along with problem-solving strategies for these administrators. Serious disagreements within a small and intimate department may create a country club culture in which differences are smoothed over and the personal idiosyncrasies of individual members are…

  6. Ensenyament pràctic en 3D: judici virtual

    Directory of Open Access Journals (Sweden)

    Raquel Escutia Romero

    2011-06-01

    Full Text Available Aquest article descriu els resultats de l'aplicació de metaversos com a eina d'ensenyament en l'àmbit jurídic. L'activitat pedagògica realitzada s'ha dut a terme a través de la simulació d'un judici virtual a Second Life. L'enfocament donat a l'exercici del dret en un entorn virtual ha combinat les següents activitats: (1 l'anàlisi jurídica a través de fòrums de discussió, com una activitat obligatòria prèvia al judici. Aquesta tasca inicial es va dur a terme a través de la plataforma d'aprenentatge asincrònica en 2D Moodle (Aula Judicial; (2 el treball col.laboratiu a través de Google Docs per a preparar tots els documents legals pertinents (demanda, contestació i tramitació judicial; i (3 la immersió síncrona en una experiència 3D d'un judici a Second Life.

  7. 28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

    Science.gov (United States)

    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...

  8. Cultura organizacional no setor público: um estudo junto a um departamento administrativo de uma universidade federal brasileira Organizational Culture In The Public Administration: A Study In Administrative Department Of Brazilian Federal University

    Directory of Open Access Journals (Sweden)

    Evandro Dotto Dias

    2011-12-01

    Full Text Available The organizacional culture is a complex subject and that constantly it comes being studied for specialists and researchers of the whole world, for the fact of its relevance in the understanding of the functioning of the organizations. However, this type of study not yet total was spread out in the Brazilian public organizations, mainly in federal universities. Therefore, the present work has as objective generality to identify to the organizacional culture under the personal and institucional points of view in an managemental department of the Federal University of Saint Maria, through a comparison with four deuses Greek (Zeus, Apolo, Atena and Dionísio that they reflect the form as the politics and strategies in an organization are lead, according to Handy study (1994. By means of a survey carried through with the employees of the related department, the gotten results had allowed the conclusion of that it has the predominance of the organizacional culture of the Apolo type in the institucional optics and of the Atena type in the personal optics, where a made comparative degree enter the predominant characteristics in each one of these cultures showed a divergence enter the yearnings of the collaborators and the form as the organization acts day-by-day in its, as the points boarded for the research and presented in the analysis of the results.A cultura organizacional é um tema complexo e constantemente em estudo por especialistas e pesquisadores de todo o mundo, pela sua relevância na compreensão do funcionamento das organizações. No entanto, esse tipo de estudo ainda não foi totalmente difundido nas organizações públicas brasileiras, principalmente em universidades federais. Por isso, este trabalho tem como objetivo geral identificar a cultura organizacional sob os pontos de vista pessoal e institucional em um departamento administrativo da Universidade Federal de Santa Maria, através de uma relação com os quatro deuses gregos

  9. A fast-track anaemia clinic in the Emergency Department: feasibility and efficacy of intravenous iron administration for treating sub-acute iron deficiency anaemia

    Science.gov (United States)

    Quintana-Díaz, Manuel; Fabra-Cadenas, Sara; Gómez-Ramírez, Susana; Martínez-Virto, Ana; García-Erce, José A.; Muñoz, Manuel

    2016-01-01

    Background Clinically significant anaemia, requiring red blood cell transfusions, is frequently observed in Emergency Departments (ED). To optimise blood product use, we developed a clinical protocol for the management of iron-deficiency anaemia in a fast-track anaemia clinic within the ED. Materials and methods From November 2010 to January 2014, patients presenting with sub-acute, moderate-to-severe anaemia (haemoglobin [Hb] <11 g/dL) and confirmed or suspected iron deficiency were referred to the fast-track anaemia clinic. Those with absolute or functional iron deficiency were given intravenous (IV) ferric carboxymaltose 500–1,000 mg/week and were reassessed 4 weeks after receiving the total iron dose. The primary study outcome was the haematological response (Hb≥12 g/dL and/or Hb increment ≥2 g/dL). Changes in blood and iron parameters, transfusion rates and IV iron-related adverse drug effects were secondary outcomes. Results Two hundred and two anaemic patients with iron deficiency (150 women/52 men; mean age, 64 years) were managed in the fast-track anaemia clinic, and received a median IV iron dose of 1,500 mg (1,000–2,000 mg). Gastro-intestinal (44%) or gynaecological (26%) bleeding was the most frequent cause of the anaemia. At follow-up (183 patients), the mean Hb increment was 3.9±2.2 g/dL; 84% of patients were classified as responders and blood and iron parameters normalised in 90%. During follow-up, 35 (17%) patients needed transfusions (2 [range: 1–3] units per patient) because they had low Hb levels, symptoms of anaemia and/or were at risk. Eight mild and one moderate, self-limited adverse drug effects were witnessed. Discussion Our data support the feasibility of a clinical protocol for management of sub-acute anaemia with IV iron in the ED. IV iron was efficacious, safe and well tolerated. Early management of anaemia will improve the use of blood products in the ED. PMID:26674819

  10. The Movement Strategy in Taiwan’s Judicial Independence Reform

    Directory of Open Access Journals (Sweden)

    Chin-shou Wang

    2010-01-01

    Full Text Available Judicial independence reform in Taiwan was pioneered by a group of reform-spirited judges from Room 303 of the Taichung (台中, Taizhong District Court, in 1993. Rather than joining the mass movement that was unfolding on the streets, the reformers formed a coalition with other judges to trigger reform from within the judiciary. The reformers appealed to the rule of law and democracy as a movement strategy for mobilization. As a result, the movement strategy turned out to be a great success, and Room 303 became the chief engine for further judicial reforms in subsequent years. However, the movement strategy in itself also presents some limitations. This paper examines why the movement strategy was successful and how its limitations eventually created problems that hinder further judicial reforms in Taiwan.

  11. The judicial domain in view Figures, trends and perspectives

    Directory of Open Access Journals (Sweden)

    Marc Loth

    2007-06-01

    Full Text Available The paper sets out to describe the most relevant social tendencies that can influence the Dutch judicial system’s domain in the medium term and to evaluate the possible effects of these tendencies on the composition of legal fields. American legal theory concerning the role of the courts’ functions is a frame of reference for the analysis. In the light of a quantitative paradigm, first, the judicial domain is represented in figures and demarcated with respect to the domains of other relevant activities and participants. The social role of courts in the Dutch legal system is then considered in the light of a qualitative paradigm, focusing on the influence of the judge and the impact of his judgments. These lines of thought are brought together in the description of a few possible scenarios for the development of the judicial domain in the Netherlands in the years to come. A few conclusions round off this investigation.

  12. Judicial policy-making and Europeanization

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2011-01-01

    , against the preferences of the member governments. It finds that the principle of proportionality constitutes a most powerful means for the European Court to strike the balance between supranational principles and national policy conditions and administrative discretion. While the Court has previously...... been cautious to apply the principle beyond economic law, it no longer treads as reluctantly, instead generally limiting the inner core of national policy control, i.e. the capacity of the national executive to detail, condition and administer national policies in almost all domains....

  13. Judicial policy-making and Europeanization

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2011-01-01

    , against the preferences of the member governments. It finds that the principle of proportionality constitutes a most powerful means for the European Court to strike the balance between supranational principles and national policy conditions and administrative discretion. While the Court has previously...... been cautious to apply the principle beyond economic law, it no longer treads as reluctantly, instead generally limiting the inner core of national policy control, i.e. the capacity of the national executive to detail, condition and administer national policies in almost all domains....

  14. O Manicômio Judiciário: saúde ou justiça? The Judiciary Mental Hospital: a question of health or of law?

    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

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

    DEFF Research Database (Denmark)

    Beach, Derek

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

  16. Cooperación judicial penal en Europa

    OpenAIRE

    Carmona Ruano, Miguel; González Vega, Ignacio U.; Moreno Catena, Víctor; Arnáiz Serrano, Amaya

    2013-01-01

    Directores: Miguel Carmona Ruano, Ignacio U. González Vega, Víctor Moreno Catena. Coordinadora: Amaya Arnáiz Serrano Unión Europea Evolución de la Cooperación Judicial Penal Internacional: en especial, la Cooperación Judicial Penal en Europa / Amaya Arnáiz Serrano. -- El cambio de paradigma y el principio de reconocimiento mutuo y sus implicaciones. Perspectivas del Tratado de Lisboa / Víctor Moreno Catena. -- El fortalecimiento de la confianza mutua: garantías procesales del imputad...

  17. El uso de la información judicial (The use of judicial information

    Directory of Open Access Journals (Sweden)

    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

  18. Medicare program; hospital inpatient prospective payment systems for acute care hospitals and the long-term care hospital prospective payment system and fiscal year 2015 rates; quality reporting requirements for specific providers; reasonable compensation equivalents for physician services in excluded hospitals and certain teaching hospitals; provider administrative appeals and judicial review; enforcement provisions for organ transplant centers; and electronic health record (EHR) incentive program. Final rule.

    Science.gov (United States)

    2014-08-22

    are participating in Medicare. We are updating policies relating to the Hospital Value-Based Purchasing (VBP) Program, the Hospital Readmissions Reduction Program, and the Hospital-Acquired Condition (HAC) Reduction Program. In addition, we are making technical corrections to the regulations governing provider administrative appeals and judicial review; updating the reasonable compensation equivalent (RCE) limits, and revising the methodology for determining such limits, for services furnished by physicians to certain teaching hospitals and hospitals excluded from the IPPS; making regulatory revisions to broaden the specified uses of Medicare Advantage (MA) risk adjustment data and to specify the conditions for release of such risk adjustment data to entities outside of CMS; and making changes to the enforcement procedures for organ transplant centers. We are aligning the reporting and submission timelines for clinical quality measures for the Medicare HER Incentive Program for eligible hospitals and critical access hospitals (CAHs) with the reporting and submission timelines for the Hospital IQR Program. In addition, we provide guidance and clarification of certain policies for eligible hospitals and CAHs such as our policy for reporting zero denominators on clinical quality measures and our policy for case threshold exemptions. In this document, we are finalizing two interim final rules with comment period relating to criteria for disproportionate share hospital uncompensated care payments and extensions of temporary changes to the payment adjustment for low-volume hospitals and of the Medicare-Dependent, Small Rural Hospital (MDH) Program.

  19. Judicious Discipline: Citizenship Values as a Framework for Moral Education.

    Science.gov (United States)

    McEwan, Barbara

    When teaching moral education, the ethical dilemma often faced by educators revolves around the question of whose morals should be taught. Judicious Discipline, a constitutional model for classroom management, proposes to answer this question by offering educators the opportunity to teach the moral standards of the U.S. democratic system of…

  20. Building Coalitions for Change : Venezuela Judicial Infrastructure Development Project

    OpenAIRE

    Kuehnast, Kathleen

    2001-01-01

    In the early 1990s, the Government of Venezuela urgently requested assistance from the World Bank to combat corruption, improve the business climate, and create a sense of transparency and involvement of civil society in state matters. The country's judicial system was identified as the institution in which to begin such reforms, because it was widely perceived as lacking credibility and e...

  1. Judicial Decisions in the Field of Labour Law.

    Science.gov (United States)

    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)

  2. Legal and Judicial Problems in Mandating Equal Time for Creationism.

    Science.gov (United States)

    Skoog, Gerald

    This paper, presented at the annual meeting of the National Association of Biology Teachers, is focused on legal and judicial problems in mandating equal time for creationism. Past events provide evidence that legislation, policies, and local resolutions that require science textbooks and curricula to include the Genesis account of creation are…

  3. Judicial Decisions in the Field of Labour Law.

    Science.gov (United States)

    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)

  4. 26 CFR 301.6363-4 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Judicial review. 301.6363-4 Section 301.6363-4... review. (a) General rule. If the Secretary or his delegate determines pursuant to paragraph (c) of § 301... a petition for the review of such determination with either the United States Court of Appeals...

  5. Structuring Judicial Discretion in China: Exploring the 2014 Sentencing Guidelines

    NARCIS (Netherlands)

    J.V. Roberts (Julian V.); W. Pei (Wei)

    2016-01-01

    textabstractIn recent years, a range of western jurisdictions has introduced reforms designed to restrict and guide judicial discretion at sentencing. The reforms enacted include mandatory sentencing laws and guiding statutes prescribing sentencing purposes and principles as well as important aggrav

  6. Judicial judgement-making and legal criteria of testimonial credibility

    Directory of Open Access Journals (Sweden)

    Dolores Seijo

    2010-07-01

    Full Text Available Judicial judgement-making in legal and forensic settings is characterised by the information loss model. In comparison to formal reasoning styles, in which information is processed in detail, judicial reasoning styles are mainly informal. Moreover, the experimental literature regarding judges and juries has revealed that reliability is the corner stone of legal judgement-making in legal contexts. This study aims to assess the underlying legal criteria assigned to the credibility of testimonies by judges by evaluating the court archives of judicial judgements in which the verdict rested entirely on the credibility of testimonies. Moreover, given the prevalence of informal reasoning in this context, an analysis was undertaken to determine the use of heuristics which are indicative of informal reasoning. In addition, an analysis of the interaction of both variables and their effect on joint decision-making by legal experts and lay people was assessed. Finally, bearing in mind the limitations of this study, the results are discussed in terms of their implications in the evaluation of testimonial credibility in judicial proceedings.

  7. The Legitimizing Function of Judicial Rhetoric in the Eugenics Controversy.

    Science.gov (United States)

    Hasian, Marouf, Jr.; Croasmun, Earl

    1992-01-01

    Investigates the possibility that judicial policymaking is responsive to the situational exigencies created in part through public discourse. Investigates the elite and public perspectives regarding the eugenics controversy in the 1920s to explore the emergent relationship between the public and technical spheres of argument. (SR)

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

    Science.gov (United States)

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

    2006-01-01

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

  9. 76 FR 5212 - Employment and Training Administration

    Science.gov (United States)

    2011-01-28

    ... Employment and Training Administration Comment Request for Information Collection for Internal Fraud and...: Employment and Training Administration (ETA), Department of Labor. ACTION: Notice. SUMMARY: The Department of.... Currently, the Employment and Training Administration is soliciting comments concerning the Office...

  10. 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

  11. 关于公立医院行政后勤科室绩效分配实践与思考%On Public Hospital Administrative Department Performance Distribution Practice and Thinking

    Institute of Scientific and Technical Information of China (English)

    周琳; 汤金霞

    2015-01-01

    公立医院行政后勤科室绩效分配是一项重大改革,是现代医院发展的新思路. 绩效工资实施得好可以提高职工作积极性和工作效率,从而提高医院的总体管理水平,加速公立医院的改革步伐.%Public hospital administrative department performance distribution is a major reform, is a new train of thought on the development of modern hospital. Performance-based pay implementation well can improve employee motivation and work efficiency, so as to improve the overall management level of hospital, accelerating the pace of reform of public hospital

  12. Some observations concerning the judicial reform in Romania. Is there no matter more pressing than the fight against corruption?

    Directory of Open Access Journals (Sweden)

    Ovidiu Gherasim‑Proca

    2014-11-01

    Full Text Available Before being an element of constitutional order, the judicial system is a public service. Arbitrating disputes, conflict resolution and prosecuting crimes are, first of all, valuable functions for the community. This article presents the Romanian judiciary especially from this perspective. The relation between politics and the judiciary was particularly problematic in recent years. The judicial institutions’ struggle for autonomy was accompanied by unprecedented political crises. Yet, the Cooperation and Verification Mechanism (CVM continuously encouraged institutional reform, initiating very active anti-corruption policies, as well as the implementation of new civil and criminal procedure rules. At the same time, we can notice the rapid increase in the volume of new causes recorded by courts of law in civil matters, which entails the risk of severe deterioration of public legal services and requires an appropriate administrative response.

  13. Judicial Cooperation Based On a European Evidence Warrant

    Directory of Open Access Journals (Sweden)

    Mihaela Laura Pamfil

    2009-06-01

    Full Text Available The assurance of a better judicial cooperation between European Union Member States is aconstant preoccupation of the Council of Europe, taking into consideration that the European Union has setitself the objective of maintaining and developing an area of freedom, security and justice. The achievementof this objective is only possible if among EU Member States there is a high level of confidence and a mutualrecognition of the decisions issued by the competent judicial authorities. The European arrest warrant was thefirst concrete measure in the field of criminal law implementing the principle of mutual recognition which theEuropean Council referred to as cornerstone of judicial cooperation. It was followed by other measuresdesigned to create the legal framework of the judicial cooperation; some of these measures concerns the fightagainst corruption, terrorism, cross-border criminality, racism and xenophobia while others are applicable inany case, such as the order of freezing the property and the evidence. On 18 December 2008, a newinstrument was created in order to improve the judicial cooperation between the Member States: the Europeanevidence warrant. Its purpose is to assure the obtaining of the objects, documents and data which may be usedas evidence in proceedings in criminal matters in issuing State, from another Member State. So, the aim ofthis Framework Decision is to complete the provision of the Decision on the execution of orders freezingproperty and evidence which is not talking about the transfer of the evidence after the freezing.Romania, like the other European Union Member States must transpose the provision of this Decision in thenational law by 19 January 2011. That is why we would like to analyse the procedures and the safeguardsprovided by this Decision and to show the way we see the European evidence warrant settled in ourlegislation.

  14. The World Bank Inspection Panel and Quasi-Judicial Oversight: In Search of the 'Judicial Spirit' in Public International Law

    NARCIS (Netherlands)

    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 engag

  15. Judicial Performance and Experiences of Judicial Work: Findings from socio-legal research by Sharyn Roach Anleu & Kathy Mack: Commentary

    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

  16. ¿Qué es una pregunta? Fundamentos pragmalingüísticos para la democratización de los géneros administrativo y judicial || What is a question? Pragmatics basis for the democratization of the administrative and legal genres

    Directory of Open Access Journals (Sweden)

    Javier Martínez Villarroya

    2016-06-01

    Full Text Available Resumen: Los documentos jurídicos y administrativos son difíciles de entender. ¿Hay forma de corregirlos? Una de las técnicas principales en aras de la claridad es la de hacer preguntas. La fundamentación de nuestra tesis la encontramos en las teorías más relevantes de la pragmalingüística, en algunos textos clásicos y en bibliografía reciente sobre lenguaje claro y literacidad en español. Es posible y necesario fundamentar las propuestas del lenguaje claro en función de los efectos cognitivos que producen en el receptor del mensaje. Aquí, pues, dotamos de bases científicas al movimiento y contribuimos a atacar el escepticismo con el que se recibe. Abstract: Legal and administrative documents are difficult to understand; Is there a proper way to correct them? One of the main techniques for the sake of clarity is to ask questions. The basis of our thesis is found in the most relevant theories of the pragmatics, in some classic texts and in recent bibliography about plain language and literacy. It is possible to defend the use of plain language in terms of the cognitive effects. We will endow the scientific bases of plain language and, therefore, we will contribute to attack the scepticism with which it is received.

  17. Application of‘Discretionary Contraction Theory' to Judicial Practice--Based on Administrative Reconsideration Cases%“裁量收缩理论”在国内司法实践中的运用--以行政复议案例为基础的整理

    Institute of Scientific and Technical Information of China (English)

    韩思阳

    2012-01-01

      国内部分法院已有意无意地运用裁量收缩理论作出裁判,行政复议领域的张成银案与彭淑华案是其中的代表。两案作为典型案例可能已对下级法院的裁判产生了影响。裁量收缩理论并非万能,其优势在于可以迅速修补僵化的立法、避免曲解现有立法,可以仅通过个案约束裁量权,而非通过立法整体性地取消裁量权。其劣势在于其作用仅限于控制裁量权层面,且易导致司法权的过度扩张。%  The discretionary contraction theory is applied in some domestic courts consciously or unconsciously, such as the Zhang Chengyin case and the Peng Shuhua case in the field of administrative reconsideration, which may already affect the lower court judgment as typical cases. However, the discretionary contraction theory is not a panacea. Although it has the advantages such as quick repair of the rigid legislation, avoidance of law misinterpretation and discretion constraint in a simple case rather than in legislation, it does have the disadvantages of limitation in only discretion power control level and easy leading to excessive expansion of jurisdiction.

  18. AILTP Conference on the Administration of Justice on Indian Reservations.

    Science.gov (United States)

    American Indian Journal, 1978

    1978-01-01

    Detailing the conference held June 14, 1978 in Washington, D. C. on the tribal judicial systems, this article focuses on two panel discussions--"Administration of Justice on Indian Reservations: Current Status and New Approaches" and "Administration of Justice from a Tribal Perspective: The Future of Tribal Courts." (RTS)

  19. 75 FR 33682 - Export Administration Regulations; Technical Amendments

    Science.gov (United States)

    2010-06-15

    ... Bureau of Industry and Security 15 CFR Part 766 RIN 0694-AE93 Export Administration Regulations... amendment to the Export Administration Regulations (EAR). Specifically, BIS deletes references concerning Federal court jurisdiction for judicial review of final decisions and orders issued in BIS export control...

  20. Hegel’ s Thought of Judicial Indenpendence and Its Inspiration for Chinese Judicial Reform%黑格尔的司法独立思维及其对我国司法改革的启示

    Institute of Scientific and Technical Information of China (English)

    李思远

    2015-01-01

    黑格尔在其不朽著作《法哲学原理》一书中论述了法的本质、法治、立法、司法以及法律部门等诸多法律思想,这其中也包含了黑格尔的司法独立思维。不同于孟德斯鸠三权分立架构下的司法独立,黑格尔的司法独立思维主要体现在市民社会中的“法院”部分,并且通过重视立法、审判公开、程序公正来予以保障。我国实行的也不是三权分立下的司法独立,而是权力机关下的法院、检察院独立行使职权。黑格尔的司法独立思维,对于当下我国的司法体制改革有所启示。%Hegel discussed the nature of law, the rule of law, legislation, judicature, legal department and many legal thoughts in his immortal work“The Principle of Philosophy of Law”, including his judicial independence thought. Different from judicial in-dependence under “separation of the three powers” put forward by Montesquieu, Hegel’ s judicial independence thought mainly em-bodies in “Court” of civil society and safeguarded by attention of legislation, open trial, and procedural justice. In China, what we are carrying out is not judicial independence under “separation of the three powers”, but independently discharge functions and powers by court and procuratorate under authorities. Research of Hegel’ s judicial independence thought may give inspiration for Chi-nese present judicial reform.

  1. Responsible Communication between the Judicial and Deontological Norm

    Directory of Open Access Journals (Sweden)

    Daniela Aurelia Popa

    2010-07-01

    Full Text Available Confronting with numerous problems related to moral judgment, the responsibility and irresponsibility in what concerns the vast domain of communication, we are interested in forming a correct and complete vision that crosses the judicial and deontological domain of the profession. The deontological norms are meant to guarantee, by their freely consented acceptance, the good fulfillment of the mission of the journalists, recognized as being indispensable for the god functioning of any human society. The laws do not expressly refer to the deontological norms, but these norms exist according to the law order and are necessary for its guarantee in this social context, which is chaotic from the point of view of the legislation in communication. The aspects analyzed here aremeant to indicate the manner in which passing from deontological norm to the judicial norm creates an external constraint for the communicator which brings more responsibility in view of avoiding the journalistic conflicts.

  2. Judicial astrology in theory and practice in later medieval Europe.

    Science.gov (United States)

    Carey, Hilary M

    2010-06-01

    Interrogations and elections were two branches of Arabic judicial astrology made available in Latin translation to readers in western Europe from the twelfth century. Through an analysis of the theory and practice of interrogations and elections, including the writing of the Jewish astrologer Sahl b. Bishr, this essay considers the extent to which judicial astrology was practiced in the medieval west. Consideration is given to historical examples of interrogations and elections mostly from late medieval English manuscripts. These include the work of John Dunstaple (ca. 1390-1453), the musician and astrologer who is known have served at the court of John, duke of Bedford. On the basis of the relatively small number of surviving historical horoscopes, it is argued that the practice of interrogations and elections lagged behind the theory.

  3. Minimalismo judicial ¿Cass Sunstein en la Corte Constitucional?

    Directory of Open Access Journals (Sweden)

    Mario Cajas Sarria

    2007-12-01

    Full Text Available Cass Sustein Unstein es hoy en día uno de los principales expositores de la tesis del minimalismo judicial, metodología de adjudicación que puede ser utilizada por el máximo órgano de control constitucional cuando interpreta la Constitución. En este artículo se exponen las principales características y ventajas de esta metodología, así como una comparación con las otras formas de adjudicación presentes actualmente en el derecho estadounidense. Posteriormente, se analiza el uso dado al minimalismo judicial por la Corte Constitucional de Colombia en el control que ésta realiza a la legislación, prestando especial atención a los argumentos presentados por la Corte para declarar inconstitucional el estatuto antiterrorista del año 2003.

  4. A súmula vinculante e o precedente judicial

    Directory of Open Access Journals (Sweden)

    Michel Roberto Oliveira de Souza

    2011-07-01

    Full Text Available No presente artigo pretende-se fazer análise da Súmula Vinculante introduzida na Constituição Federal pela Emenda Constitucional nº 45 de 2004, fazendo-se uma perquirição acerca da relação deste instituto com o precedente judicial. Faz-se, assim, uma abordagem de acordo com o marco teórico proposto por Michele Taruffo acerca da classificação possível dos precedentes, colocando-se, então, a Súmula Vinculante como um precedente judicial sui generis devido às suas características que não são encontradas em outros ordenamentos jurídicos.

  5. Judicial Impartiality, subjectivity and conviction: the Logical Judgement

    Directory of Open Access Journals (Sweden)

    Clementina Pintos Bentancur

    2016-06-01

    Full Text Available There are several studies on the procedural aspects of the judicial decision. However, only few of them have examined a key aspect of such decision: the psychological conviction of the judge. We focus, firstly, on the procedure aspects which compose the judgment, such as its elements, its nature, evidence and its evaluation principles; arriving, finally, to the logic judgment itself. From a substantial view, we pass through different elements which are closely related with the conviction of the judge and its limits; such as neutrality, discretionality and assessment when delivering the decision. Throughout different reflections and case law analysis, including a brief study on common law, we conclude that judicial subjectivity is much appreciated in our system. As well, we consider through this paper, possible mechanisms that assure control on such an abstract element, always taking into consideration its main purpose: bring justice.

  6. 涉检信访目前的困境及制度重构——以天津市某检察院民行涉检信访为视角%Current Difficulties and System Reconstruction of the Procuratorial Petition——In the Perspective of the Procuratorial Petition about the Civil Administration Department of Certain Procuratorate in Tianjin

    Institute of Scientific and Technical Information of China (English)

    马建馨; 姜蕾蕾

    2015-01-01

    涉检信访是涉法涉诉信访的一种,属于广义的大信访的范畴.近年来,随着涉检信访数的不断攀升,涉检信访的现实困境日益凸显,最高人民检察院已先后颁布四个与涉检信访有关的配套文件来化解涉检信访的难题.但从天津市某检察院民行涉检信访数据折射出的是全国各级检察机关共同面临的涉检信访的窘境,即终而不结、冲击司法、畸形发展的问题.剖析信访人的观念诱因和司法机关的制度诱因才能对症施药、标本兼治.通过构建信访分类甄别机制和涉检信访终结机制提供制度构建,再从建立办案保障机制、树立司法权威来实现涉检信访的根源治理,达到重构涉检信访制度,实现息诉止访、社会和谐稳定的目的.%The procuratorial petition is one of the types of the petition concerned law or suit,which belongs to the broad sense of the scope of the petition. In recent years, as the number of the procuratorial petition rises, the current dfficulties of the procuratorial petition are increasingly prominent. The Supreme People's Procura-torate has successively issued four documents related to the petition to resolve the problem about petition. But the data of procuratorial petition about the civil administration department of certain procuratorate in Tianjin reflected the common dilemma on procuratorial petition, which included problems such as cases procedurally terminated but not actually finished, impacting justice and deformed developing. Only by analyzing the causes of complainant's idea and the incentives of judiciary system, can we solve the fundamental problem. Through the establishment of a mechanism for the classification of petition and providing a mechanism for the termina-tion of the petition system, and then from the establishment of guarantee mechanisms for handling the case, establishing judicial authority to achieve the root cause, we can eventually achieve the purpose of

  7. Protecting the delivery of heart failure: Regenerative Medicine/Stem Cell Therapeutics: Potential protections afforded by the Department of Health and Human Services and Health Resources Service Administration's Bureau of Special Programs

    Institute of Scientific and Technical Information of China (English)

    Gary S Friedman; John S. Tomicki; Neil Cohen; Robert Marshall; Philip Lowry; Jeffrey Warsh

    2006-01-01

    Advances in stem cell science and potential clinical applications have brought clinical medicine closer to the actualization of Regenerative Medicine-an extension of transplantation of organs and cells and implantation of bioprosthetics and biodevices. The goal of such therapeutics will be intervention prior to onset of severe individual disability, enhance organ function and enhance patient performance status without incurring the economic impacts of standard organ transplantation. Regenerative Medicine is already demonstrating proof of principle or efficacy in restoration of myocardial contractility, joint mobility and function, immune competence, pulmonary function, immunologic selftolerance, motor function and normal hemoglobin production with the next targets--diabetes mellitus (type Ⅰ and type Ⅱ),neurologic injury, hepatic dysfunction preparing to enter trials.Expenditures on health care needs of an aging U.S. citizenry approximate 20-25% ($3 trillion) of U.S. GDP currently and may to grow to 40% of U.S. GDP by 2025. As the potential of Regenerative Medicine is clinically realized, the societal impact and economic benefits will be disproportionately magnified in the economies of industrialized nations. The experience of the Department of Health and Human Services (HHS), United Network for Organ Sharing (UNOS), the National Bone Marrow Donor Registry (NBMDR), and the National Vaccine Injury Compensation Programs (NVICP) can help ensure that as Regenerative Medicine strives to achieve clinical benefits while avoiding decimation of therapeutic options by product liability and medical malpractice concerns-concerns that crippled the U.S. vaccine manufacturing industry until the creation of the NVICP.The first 50 years of organ/cell/tissue transplantation demonstrates that clinical reality of allogeneic and autologous transplantation can antedate complete understanding of the basic science underlying successful transplantation. Product liability and medical

  8. Judicial Enforcement of Economic, Social and Cultural Right

    OpenAIRE

    Aulona Haxhiraj

    2013-01-01

    Economic, social and cultural right (“social right”) have historically been viewed as distinct in natyre and scope from civil and political right. Rather than being viewed as judicially enforceable rights of immeadiate application, such rights have widely been considered non-justiciable programmatic goals to be archieved progressively within available resources, through political processes. The purpose of this paper is to provide the legal and analytical tools to understand why this dichotomy...

  9. Research on the Judicial Relief System of Villagers’ Autonomy Rights

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    Starting from the division of the functions of the village committee,the use of self-government rights of the villagers was examined in view of the different functions.Judicial remedies should be screened whether or not the exercise of autonomy,as well as the main disputes in order to determine the specific litigation.The responsibility determination of the villagers’ autonomy rights prosecution in different circumstances is put forward.

  10. Judicial lobbying: The politics of labor law constitutional interpretation

    OpenAIRE

    Matias Iaryczower; Pablo Spiller; Mariano Tommasi

    2006-01-01

    This paper links the theory of interest groups influence over the legislature with that of congressional control over the judiciary. The resulting framework reconciles the theoretical literature of lobbying with the negative available evidence on the impact of lobbying over legislative outcomes, and sheds light to the determinants of lobbying in separation-of-powers systems. We provide conditions for judicial decisions to be sensitive to legislative lobbying, and find that lobbying falls the ...

  11. La posición constitucional del poder judicial

    OpenAIRE

    Andaluz Vegacenteno,Horacio

    2010-01-01

    En el Estado de Derecho, el poder judicial se posiciona a la par de los poderes legislativo y ejecutivo. Esto lo consigue a través de su independencia. El artículo explica eso desde el punto de vista doctrinal y lo aplica al análisis de la regulación en la materia en la Constitución de Bolivia de 2009.

  12. Corrupção e judiciário: a (ineficácia do sistema judicial no combate à corrupção Corruption and judicial system: the (ineffectiveness of the judicial system against corruption

    Directory of Open Access Journals (Sweden)

    Carlos Higino Ribeiro de Alencar

    2011-06-01

    Full Text Available Há uma percepção generalizada no brasil de que funcionários públicos corruptos não são punidos. Não obstante, até o momento, não há evidências empíricas que apóiem essa afirmação e muitos argumentam que se trata de uma percepção equivocada decorrente do aumento de medidas anticorrupção. Uma das principais razões para essa notável ausência é a grande dificuldade de se identificar casos comprovados de corrupção para, então, se averiguar se eles foram ou não punidos pelo sistema judicial. Este artigo usa o sistema brasileiro de responsabilidade tríplice como um experimento natural para medir o desempenho do sistema judicial contra corrupção. Nossos resultados mostram que o sistema judicial brasileiro é altamente ineficaz no combate à corrupção, sendo a probabilidade de ser punido menor do que 5%.There is a widespread perception in Brazil that civil servants caught in corrupt practices are not punished. Yet, until now, there was no hard evidence that would support such claim and some argued that this was just a misleading perception due to the recent increase in anti-corruption measures. One of the main reasons for this notable absence is the difficulty of identifying atual cases of corruption to evalute whether the agents are actully being punished by the judicial system or not. This article uses the brazilian triple responsibility system as a natural experiment to assess juducial system is highly ineffective agaist corruption with a lower than 5% probability of conviction.

  13. Otitis media: diagnosis, management, and judicious use of antibiotics.

    Science.gov (United States)

    Stool, Sylvan; Carlson, Linda H; Johnson, Candice E

    2002-07-01

    Otitis media continues to present a major challenge to practitioners in the clinical setting. With the ever-increasing trend toward the use of a sound research-structured approach to health care and the use of evidence-based guidelines, it is important to have an understanding of these findings related to otitis media. A review of research-supported literature regarding the diagnosis and management of this disease, and suggestions for the judicious use of antibiotics, are presented in this paper.

  14. Explaining judicial corruption in the courts of Chile, Peru and Ecuador

    Directory of Open Access Journals (Sweden)

    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.

  15. Judicial Enforcement of Economic, Social and Cultural Right

    Directory of Open Access Journals (Sweden)

    Aulona Haxhiraj

    2013-07-01

    Full Text Available Economic, social and cultural right (“social right” have historically been viewed as distinct in natyre and scope from civil and political right. Rather than being viewed as judicially enforceable rights of immeadiate application, such rights have widely been considered non-justiciable programmatic goals to be archieved progressively within available resources, through political processes. The purpose of this paper is to provide the legal and analytical tools to understand why this dichotomy is false. The paper will consider the international normative framework for the legal protection of social rights, the specific content of state obligations under treaties dealing with such rights, how the international social rights monitoring system functions, and the various obstacles and opportunities currently facing the judicial enforceability of social rights. In every society there is violation which implies its citizen not get proper social right, economical right and cultural right. Proper implementation and adoption of judicial enforcement can reduce this violation rate and established social peace. Step mentioned in the above might not perfect but it might be small starting and ensure social, culture & economical right for the people living in the society.

  16. Confrontation Between Judicial Activism and State of Exception

    Directory of Open Access Journals (Sweden)

    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.

  17. 我院手术支持中心的药事管理模式探索%Exploration on the New Pharmaceutical Administration Pattern of Central Surgery Service Department in Our Hospital

    Institute of Scientific and Technical Information of China (English)

    戴春雷; 缪旭东; 朱元琴; 卜晓光; 陈金凤

    2012-01-01

    目的:加强手术药品的管理.方法:成立手术支持中心,从工作流程改造、运用信息技术等各环节入手,对其药事管理模式进行探索.结果:该药事管理模式大大减少了医护人员手术准备时间和患者等待时间;保证了手术期间麻醉和精神药品使用情况能及时、准确地登记,便于统一管理;能做好药品数量与金额的双重管理,做到账物相符.结论:该管理模式能保证手术药品供应质量,避免差错.%OBJECTIVE: To strengthen the management of surgical drugs. METHODS: The management of the central surgery service department was guided through drug position, workflow reform and information management to explore the pattern of pharmaceutical administration. RESULTS: The new pharmaceutical administration pattern had reduced the operator's preparing time and the patient's waiting time, ensured that the cases of using narcotic and psychotropic drugs could be booked exactly in time, and manage the amount and sum of drugs to make the account fit the contents. CONCLUSIONS: The pattern can ensure efficiency and quality of drug supply and avoid errors.

  18. Metallurgy Department

    DEFF Research Database (Denmark)

    Risø National Laboratory, Roskilde

    The activities of the Metallurgy Department at Risø during 1981 are described. The work is presented in three chapters: General Materials Research, Technology and Materials Development, Fuel Elements. Furthermore, a survey is given of the department's participation in international collaboration...

  19. Home closure as a weapon in the Dutch war on drugs: Does judicial review function as a safety net?

    Science.gov (United States)

    Bruijn, L Michelle; Vols, Michel; Brouwer, Jan G

    2017-09-01

    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 Elsevier B.V. All rights reserved.

  20. De un tipo textual memoria: ¿primer documento judicial mestizo en el Perú del siglo XVI?

    Directory of Open Access Journals (Sweden)

    Ofelia Huamanchumo de la Cuba

    2011-12-01

    Full Text Available This paper addresses the constituent features of the textual type calledmemoria, in the context of the legal-administrative sphere of the ColonialEra. This textual type is embedded in both the Spanish and the native American legal tradition, so it is of particular interest for the history ofthe Spanish language, for the textual linguistics studies and for pragmaticsstudies. The research also aims to demonstrate that in the Peruvian judicial system of the 16th Century there was a particular type of memoria, modeledby the convergence of the Western way of recording data and the useof quipus as Andean recording medium.

  1. De un tipo textual memoria: ¿primer documento judicial mestizo en el Perú del siglo XVI?

    OpenAIRE

    2011-01-01

    This paper addresses the constituent features of the textual type calledmemoria, in the context of the legal-administrative sphere of the ColonialEra. This textual type is embedded in both the Spanish and the native American legal tradition, so it is of particular interest for the history ofthe Spanish language, for the textual linguistics studies and for pragmaticsstudies. The research also aims to demonstrate that in the Peruvian judicial system of the 16th Century there was a particular ty...

  2. Law 11.441/2007 – extra judicial procedure in family relations: speed and effectiveness of family relationships

    OpenAIRE

    Galdino, Valéria Silva; CESUMAR

    2007-01-01

    This work aims at assessing the extra judicial procedure in the Law nº. 11.441/2007, which deals with the realization of consensual separation and divorce by the use of an administrative way, as well as to explain the controversies that emerged due to the Law’s omission. We also attempt to demonstrate that, provided it is used correctly, this Law will provide the citizen access to this deserving right speedily and effectively. El presente trabajo se destina a evaluar el procedimiento extra...

  3. Veterans Health Administration (VHA)

    Data.gov (United States)

    Social Security Administration — The purpose of this agreement is for SSA to verify SSNs and other identifying information for the Department of Veterans Affairs, VHA. DVA will use the information...

  4. Organization Development of the Dutch Judiciary, between Accountability and Judicial Independence

    Directory of Open Access Journals (Sweden)

    Philip Langbroek

    2010-04-01

    Full Text Available The Netherlands are a country on the European Continent with a French inspired legal system as far as civil and criminal law is concerned. Administrative law has followed a different development and reflects the middle position of the Netherlands between the French, English and German administrative law systems, while maintaining a dominant procedural position of public administration. However, the organization of the Dutch judiciary mainly follows the lines of the original French conceptions: it has been organized in accordance with the concepts brought to the low countries by Napoleons’ army. This traditional continental judicial organization, operated by the ministry of justice and court presidents’ for over 150 years has gone through considerable institutional and organizational change during the last 15 years. In this article I will sketch the outcomes of a mayor evaluation research of the changes in the Dutch judiciary that started in 1995 and evolve until today. I will do this by first describing the change process against the background of the New Public Management. Second, I will describe the proposals for change and the actual changes. Finally I will describe the most salient outcomes of the evaluation study. I will conclude with a brief discussion of these outcomes.

  5. Trajetória da revisão judicial no desenho constitucional brasileiro: tutela, autonomia e judicialização The trajectory of judicial review in the brazilian constitutional design: tutelage, autonomy and judicialization

    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.

  6. Recent Administrative and Judicial Decisions Regarding Consideration of Source Separation in Determining BACT Under PSD

    Science.gov (United States)

    This document may be of assistance in applying the New Source Review (NSR) air permitting regulations including the Prevention of Significant Deterioration (PSD) requirements. This document is part of the NSR Policy and Guidance Database. Some documents in the database are a scanned or retyped version of a paper photocopy of the original. Although we have taken considerable effort to quality assure the documents, some may contain typographical errors. Contact the office that issued the document if you need a copy of the original.

  7. Formula over Function? From Algorithms to Values in Judicial Evaluation

    Directory of Open Access Journals (Sweden)

    Francesco Contini

    2014-12-01

    Full Text Available This paper discusses the forms and effects of the ‘invasion’ of the ‘temples of the law’ by new economic and managerial forms of performance evaluation. While traditional judicial evaluation focused on how to select and promote individual judges and on the legal quality of the single case, new quantitative methods and formulas are being introduced to assess efficiency, productivity and timeliness of judges and courts. Building on two case studies, from Spain and the Netherlands, the paper illustrates two contrasting approaches to judicial performance evaluation. On the one hand individual judges' productivity is evaluated through quantitative data and mathematical algorithms: in the extreme case considered here, judge's remuneration was adjusted accordingly. On the other hand quantitative and qualitative data, collected by a variety of methods and theoretical frameworks, are used as the basis of a multi-layered negotiation process designed to find a synthesis between competing economic, legal and social values aimed at improving overall organizational performance. Considering the flaws of unidimensional measurement and evaluation systems and considering the incommensurability of the results of the multiple evaluative frameworks (economic, legal, sociological required to overcome such flaws, the authors argue there is a need for political dialogue between relevant players in order to allocate the values appropriate to judicial evaluation. Este artículo analiza las formas y efectos de la “invasión” de los “templos de la ley” por nuevas formas económicas y de gestión como la evaluación del rendimiento. Mientras que la evaluación judicial tradicional se ha centrado en la forma de seleccionar y promocionar a jueces individuales, y en la calidad jurídica de un caso individual, hoy en día se están introduciendo nuevos métodos cuantitativos y fórmulas para determinar la eficiencia, productividad y oportunidad de jueces y

  8. THE ADMINISTRATIVE SYSTEM IN FRANCE

    Directory of Open Access Journals (Sweden)

    DOINA POPESCU

    2012-05-01

    Full Text Available According to the Constitution promulgated on the 6th of October 1958, with the latest amendments made in 1999, France is a presidential republic. The three authority branches are broadly represented in the French administration: the judicial branch – French courts of law are divided into: judicial courts and administrative courts. Judicial courts are under the supreme authority of the Court of Cassation with jurisdiction to cancel judgments passed courts on inferior hierarchy levels and plays a central role in the appropriate performance of the activity. The legislative body - normally, the legislation is voted by Parliament. French Parliament is comprised of two chambers: the National Assembly and the Senate. The National Assembly is elected for five years by way of direct universal voting. The Senate is elected by way of indirect universal voting by the electoral group. The election system is based on rules contained in the Election Code. The executive authority is divided between the President of the Republic and the Prime Minister. The President of the Republic makes the appointments for civil and military positions located at the highest state level. The Council of Ministers is responsible for appointing the positions of state councillors, prefect and public administration director. The central government is headed by the Prime Minister. Regional authorities – the regions are free territories administered by elected Councils. As far as the metropolitan part of France is concerned, there are 22 such territories, to which are added other four districts / counties which are located out of borders. The region’s Prefect represents the state and is empowered to deploy legal actions in order to protect the state’s best interest. County authorities – there are currently 96 de districts, to which four other territories located out of borders are added, as well as the territorial communities of Mayoutte and St-Pierre et Miquelon. There are

  9. 著作权行政管理体制改革研究%The Study of Copyright Administrative System Reform

    Institute of Scientific and Technical Information of China (English)

    孙彦

    2016-01-01

    The copyright administrative system includes three aspects: the administration of copyright enforcement, the administration of international copyright, and the administrative protection of copyright. According to current status of the copyright administrative system and foreign experiences, this article gives the following suggestions: copyright administrative institutions should be separated from the press and publishing department, which could then be an independent department, or merged with other intellectual property administrative department; the public administration function of our copyright administration department should be refined, focusing on administrative effects; according to international conventions, we should also solve copyright disputes solely through judicial process, relieving the international pressure on the government.%著作权行政管理的内容包括对著作权法实施的管理、对涉外著作权的管理以及对著作权的行政保护三个方面。根据目前著作权行政管理的现状,参考国外的经验,提出如下建议:将著作权管理机构与新闻出版部门脱离,或者独立,或者与其他知识产权管理部门合并,强化其著作权管理的独立性;细化我国版权管理部门对著作权的公共管理职能,注重管理效果;按照国际惯例,将著作权侵权纠纷完全交由司法途径解决,减轻我国政府来自于国际社会的知识产权保护不利的压力。

  10. 77 FR 43369 - Lexisnexis, a Subsidiary of Reed Elsevier Customer Service Department and Fulfillment Department...

    Science.gov (United States)

    2012-07-24

    ... Employment and Training Administration Lexisnexis, a Subsidiary of Reed Elsevier Customer Service Department...; Lexisnexis, a Subsidiary of Reed Elsevier Customer Service Department and Fulfillment Department, Including..., 2012, applicable to workers of Lexisnexis, a subsidiary of Reed Elsevier, Inc., Customer Service...

  11. The Political Context of Judicial Review in Indonesia

    Directory of Open Access Journals (Sweden)

    Fritz Edward Siregar

    2015-08-01

    Full Text Available Indonesia Constitutional Court will celebrate 12th birthday this August 2015, and it cannot be denied that the Court play significant role in securing democracy in Indonesia. In exercising their authorities, including the election result dispute and judicial review, the Court continue to affirm institutional judicial legitimacy and pursue their role to guard 1945 Constitution and continue to do so. The first Chief Justice Jimly showed how within five years of the Court’s creation, he could strategically maximise its momentum and build up the Court as a respectful institution. The Chief Justice Mahfud MD was then elected to reduce the judicial activism started by Jimly’s bench. However, against promises and expectations, Mahfud MD brought the Court to a level far beyond the imagination of the Constitution drafters. Parliament and President tried to limit Court’s authority, not ones, and the Court able to overcome those constrain. Current various available studies observed only how the Court issued their decision and solely focus to the impact of the decision. Scholars slightly ignore that study about the Court, by reducing other constitutional actor in Indonesia, produce study about the Court itself isn’t complete. In fact, political environment in which the Court operated at that time is one of utmost importance the strengthen of the Court institutional legitimacy. This paper is trying to discover the rise of the Indonesia Constitutional Court, not from what the Court did, but from political environment outside the court. Political parties realize that the Court is the only institution that act as political dispute resolution among them. Political parties maturity and political constraint are the key factor that support the development of the Court’s institutional power.

  12. Science and judicial proceedings--seventy-six years on.

    Science.gov (United States)

    French, Robert

    2009-10-01

    The intersection of law and science, particularly in relation to causality and the legal concept of causation, were of considerable interest to Sir Owen Dixon. In this article, revisiting Dixon's 1933 lecture "Science and Judicial Proceedings", the Chief Justice refers to Dixon's deep interest in science and the issues to which it can give rise in legal proceedings. The 1933 lecture followed shortly after the judgment of the High Court in Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387 which involved consideration of expert testimony and causal connections between product characteristics and personal injury to the consumer.

  13. Procedural Justice Elements of Judicial Legitimacy and their Contemporary Challenges

    Directory of Open Access Journals (Sweden)

    Nina Persak

    2016-09-01

    Full Text Available Low trust in courts has been recorded in many EU countries. According to the procedural justice paradigm, this phenomenon has negative repercussions for judicial legitimacy, since people who (or when they distrust an authority tend also not to perceive this authority as legitimate (which, in turn, has consequences for their compliance and cooperation with this authority and its decisions. Legitimacy of judiciary, objectively conceived, has several elements, some of which are connected to procedural justice concerns. This article focuses on the latter. In the second part, moreover, the article addresses some of the possible challenges to the judicial procedural justice, drawing on sociological and socio-legal observations regarding legal institutions in the late modern world, where, for example, efficiency-oriented goals mix with justice- and other public good-oriented ones, often creating internal pressures that may impact on the legitimacy of the institution in question. Numerosos países de la UE han registrado una baja confianza en los tribunales. Según el paradigma de la justicia procesal, este fenómeno tiene repercusiones negativas para la legitimidad judicial, ya que las personas que (o cuando desconfían de una autoridad, también tienden a no percibir esta autoridad como legítima (lo que, a su vez, tiene consecuencias para su conformidad y cooperación con esta autoridad y sus decisiones. La legitimidad del poder judicial, concebida de forma objetiva, tiene diversos elementos, algunos de los cuales están relacionados con las preocupaciones de la justicia procesual. Este artículo se centra en estos elementos. En la segunda parte, además, el artículo aborda algunos de los posibles desafíos de la justicia de procesal, basándose en observaciones sociológicas y sociojurídicas relacionadas con las instituciones legales en el mundo moderno reciente, donde, por ejemplo, los objetivos orientados a la eficiencia se mezclan con objetivos

  14. 43 CFR 4.433 - Authority of the administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Authority of the administrative law judge... Appeals Involving Questions of Fact § 4.433 Authority of the administrative law judge. The administrative law judge is vested with general authority to conduct the hearing in an orderly and judicial...

  15. 43 CFR 4.452-4 - Authority of administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Authority of administrative law judge. 4... Appeals Involving Questions of Fact § 4.452-4 Authority of administrative law judge. The administrative law judge is vested with general authority to conduct the hearing in an orderly and judicial...

  16. Continuous Quality Administrations of the Safety of Vein Detained Needles for Inpatients in the Department of Neurology%神经科住院患者留置针留置安全的持续质量管理

    Institute of Scientific and Technical Information of China (English)

    石弘; 陈德智; 冯灵; 杨蓉

    2012-01-01

    Objective To explore the quality administration of the safety of vein detained needles for inpatients in the department of neurology. Methods One hundred patients admitted to our department from August to October 2011 were divided into control group and experimental group with 50 in each, according to the time of admission. Patients in the control group accepted regular care of the vein detained needles, while patients in the experimental group received not only regular care but continuous quality administrations, such as making the rounds of the wards by nurses, organizing operation demonstrations, educating the patients, periodical quality inspections, making the safety of vein detained needles a necessity in shifting, and emphasizing excellent nursing guidance. On the third day of using the needles, we used the same self-made questionnaires to investigate safety problems of the needle and patients' assessment of the nursing, and the results were compared between the two groups. Results The adverse incidences during the three days were 6.0% in the experimental group and 34.0% in the control group, with a significant difference between the two groups (χ2=12.250, P=0.000). The awareness rate about all four aspects of vein detained needles was significantly better in the experimental group than the control group (P=0.000). Furthermore, the satisfaction rate in the experimental group was also significantly higher than that in the control group (P=0.000). Conclusion Continuous quality administration of vein detained needles for inpatients in the department of neurology increases the safety of the needles, promotes patients' knowledge on related health, raises patients' satisfaction rate, which is worthy of being popularized%目的 探讨神经科住院患者留置针安全的持续质量管理.方法 选择2011年8月-10月100例神经科住院患者,按入院时间先后排序分为对照组和试验组,每组50例.对照组运用静脉留置针的常规护理方

  17. 28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

    Science.gov (United States)

    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...

  18. A Brief Analysis of Administrative Mediation%论行政调处

    Institute of Scientific and Technical Information of China (English)

    宣凯

    2015-01-01

    With the increase of the administrative disputes, the judicial system is meeting the problem of in-tensifying supervision pressure and the increasingly prominent shortage of judicial resources and the social dis-pute resolution mechanism is facing new challenges. Besides the reform of the civil litigation system to adapt to the need of resolving disputes, various non-litigation disputes resolution systems should be explored to make up for the inadequacy of the judicial system. Administrative mediation provides a new solution to the administrative disputes. Through the definition of the concept of administrative mediation and the discussion of similar concepts, this paper expounds the advantages and the problems of administrative mediation and concludes that the concern of the legal department and the formulation and issue of scientific and standardized measures for the implementa-tion is the only way to give play to its real role.%随着行政争议的增多,司法系统面临着监督压力大,司法资源紧缺的问题日益突出,社会纠纷解决机制面临新的挑战,因此除了对民事诉讼制度进行改革以适应纠纷解决的需要之外,还应积极发展各种诉讼外纠纷解决制度,以弥补司法体制的不足,应运而生的行政调处解决了这一难题,为行政争议的解决提供了新思路。通过对行政调处的概念的界定及与相近概念的异同进行探讨,阐述了行政调处在诉讼外纠纷解决中的优势与目前存在的问题。表明只有政府法制部门的高度重视与科学严谨、统一规范的实施办法的制定与出台,才是行政调处能够真正发挥其作用的唯一途径。

  19. Department of

    African Journals Online (AJOL)

    USER

    2014-08-27

    Aug 27, 2014 ... Ethiopian Journal of Environmental Studies & Management 7(5): 468 – 477, 2014 ... Department of Planning, Kwame Nkrumah University of Science and Technology .... Anglican and Presbyterian schools have all been mined; exposing school children to dust and .... the district office of the National Disaster.

  20. Publication of administrative circular

    CERN Multimedia

    HR Department

    2009-01-01

    ADMINISTRATIVE CIRCULAR NO. 23 (REV. 2) – SPECIAL WORKING HOURS Administrative Circular No. 23 (Rev. 2) entitled "Special working hours", approved following discussion in the Standing Concertation Committee on 9 December 2008, will be available on the intranet site of the Human Resources Department as from 19 December 2008: http://cern.ch/hr-docs/admincirc/admincirc.asp It cancels and replaces Administrative Circular No. 23 (Rev. 1) entitled "Stand-by duty" of April 1988. A "Frequently Asked Questions" information document on special working hours will also be available on this site. Paper copies of this circular will shortly be available in Departmental Secretariats. Human Resources Department Tel. 78003

  1. PUBLICATION OF ADMINISTRATIVE CIRCULAR

    CERN Multimedia

    HR Department

    2008-01-01

    ADMINISTRATIVE CIRCULAR NO. 23 (REV. 2) – SPECIAL WORKING HOURS Administrative Circular No. 23 (Rev. 2) entitled "Special working hours", approved following discussion in the Standing Concertation Committee meeting of 9 December 2008, will be available on the intranet site of the Human Resources Department as from 19 December 2008: http://cern.ch/hr-docs/admincirc/admincirc.asp It cancels and replaces Administrative Circular No. 23 (Rev. 1) entitled "Stand-by duty" of April 1988. A "Frequently Asked Questions" information document on special working hours will also be available on this site. Paper copies of this circular will shortly be available in departmental secretariats. Human Resources Department Tel. 78003

  2. 1978 American Samoa Annual Report to the Secretary of the Department of the Interior.

    Science.gov (United States)

    American Samoa Office of Samoan Information, Pago Pago.

    Submitted by American Samoa's first elected administration, this report presents tabular data and narrative descriptions of government activities in fiscal year 1978. The report covers the broad areas of legislative and judicial activity, government administrative functions, education, health services, transportation, economic development, public…

  3. 20th Anniversary Conference on World Bank Administrative Tribunal

    CERN Document Server

    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

  4. Internacionalização e ativismo judicial: as causas coletivas Internationalization and judicial activism: the collective causes

    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.

  5. O Poder Judicial na Constituição de Angola de 2010

    Directory of Open Access Journals (Sweden)

    Jorge Bacelar Gouveia

    2015-01-01

    Full Text Available A nova Constituição da República de Angola, de 2010, reserva um dos seus Títulos ao Poder Judicial, definindo as estruturas do Poder Judicial, bem como os poderes de intervenção dos diferentes atores de natureza judicial, sem esquecer ainda as competências dos advogados e dos defensores públicos, bem como do Ministério Público.

  6. Biomedical engineers and participation in judicial executions: capital punishment as a technical problem.

    Science.gov (United States)

    Doyle, John

    2007-01-01

    This paper discusses the topic of judicial execution from the perspective of the intersection of the technological issues and the professional ethics issues. Although physicians are generally ethically forbidden from any involvement in the judicial execution process, this does not appear to be the case for engineering professionals. This creates an interesting but controversial opportunity for the engineering community (especially biomedical engineers) to improve the humaneness and reliability of the judicial execution process.

  7. Assessing potential future environmental legislative, regulatory, and judicial events

    Energy Technology Data Exchange (ETDEWEB)

    Tonn, B.; Schweitzer, M.; Godfrey, G. [Oak Ridge National Lab., TN (United States); Wagner, C. [Univ. of Tennessee, Knoxville (United States); MacGregor, D.G. [MacGregor-Bates, Inc. (United States)

    1998-03-01

    This report describes a methodology to proactively and methodically assess future potential environmental legislative, regulatory, and judicial events. This is an important endeavor because new, revised, and reauthorized legislation, proposed and final regulations, and outcomes of judicial proceedings have the potential to impose new actions, directions, and costs of many organizations in the United States (related to capital investments, operating approaches, and research and development) and to affect the quality of life. The electric power industry is particularly impacted by environmental regulatory events (the term `regulatory` is used to cover all the types of legal events listed above), as the generation, transmission, and distribution of electricity affects air and water quality, require disposal of solid, hazardous, and radioactive wastes, and at times, impacts wetlands and endangered species. Numerous potential regulatory events, such as the reauthorization of the Clean Water Act and new regulations associated with global climate change, can greatly affect the power industry. Organizations poised to respond proactively to such events will improve their competitive positions, reduce their costs in the long-term, and improve their public images.

  8. Poder Judiciário: perspectivas de reforma

    Directory of Open Access Journals (Sweden)

    Sadek Maria Tereza Aina

    2004-01-01

    Full Text Available O artigo discute aspectos da crise do sistema de justiça brasileiro que estão no centro do debate sobre a necessidade de reforma do Poder Judiciário, com base na crítica geral ao anacronismo, inoperância e à desigualdade de acesso aos seus serviços. A autora apresenta a posição dos próprios integrantes do sistema de justiça brasileira através da análise de resultados de pesquisas realizadas pelo IDESP a partir de 1993. Alguns destes resultados têm apontado, ao longo do tempo, para uma flexibilização do espírito corporativo dos membros do Judiciário, como por exemplo, a aceitação de sua democratização. Os resultados também mostram que o controle externo a este poder e a sua composição, embora incorporada pelos juízes antes refratários a esta discussão, permanece uma importante divisão no interior da magistratura.

  9. [Limits of pain treatment: medical and judicial aspects].

    Science.gov (United States)

    Zenz, M; Rissing-van Saan, R

    2011-08-01

    Medical principles of pain treatment are generally in line with the judicial principles. To relieve pain is one of the fundamentals of medicine and this has also been acknowledged by the Federal Court in Germany. It is criminal bodily harm, when a physician denies a possible pain treatment. Whereas courts clearly see an obligation to basic and continuing education in pain diagnosis and therapy, pain is still not represented in the German licensing regulations for physicians. Only palliative medicine has been added to the obligatory curriculum. Very similar pain is not mandatory in many clinical disciplines leaving physicians without the needed knowledge to treat pain. The need for interdisciplinary treatment is not yet acknowledged sufficiently, although meanwhile chronic pain is regarded as a bio-psycho-social illness.Since 2009 the advance directive is regulated by law. However, still many physicians are unaware that not only the position of the patient but also of the relatives have been strengthened. In 2010 the Federal Court has pronounced a judgment allowing "passive euthanasia" in certain conditions but prohibiting any active handling even in line with the patient's will. This is also in line with the European Human Rights Convention. The judicial unpunished assisted suicide has provoked an ethical discussion within the medical profession. However, what is not illegal is not automatically accepted as ethical handling for physicians. Palliative medicine is at least one alternative in this discussion.

  10. The Impact of Judicial Reform on Crime Victimization and Trust in Institutions in Mexico.

    Science.gov (United States)

    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.

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

    Directory of Open Access Journals (Sweden)

    Thierry Kirat

    2010-04-01

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

  12. Deference and Diffèrance: Judicial Review and the Perfect Gift

    Directory of Open Access Journals (Sweden)

    J De Ville

    2006-01-01

    Full Text Available The highest courts in both Canada and South Africa have expressed themselves in favour of an approach of deference as respect in the review of administrative action. The notion of deference as respect derives from the thinking of David Dyzenhaus, who has developed a theory of democracy in support of this approach to judicial review. Dyzenhaus’ model of review attempts to steer clear from the problems he associates particularly with positivism and liberalism. Dyzenhaus’ model of review furthermore attempts to allow space for the administration to play a significant role in giving effect to democratic values, on the understanding that all such decisions need to be reasonably justifiable. In this article the views of Dyzenhaus are contrasted with those of Jacques Derrida, especially insofar as the latter has reflected on the relation between law and justice, as well as concepts such as the gift and democracy. The argument developed in this article is that Dyzenhaus’ model of review, despite its many positive features, needs to be rethought with reference to the perfect gift, unconditional justice and democracy to come. Such a rethinking is required because of the limited conception of justice – as simply ‘our’ justice – in Dyzenhaus’ model.

  13. Recommendations and Justifications for Modifications To Downgrade Use Restrictions Established under the U.S. Department of Energy, National Nuclear Security Administration Nevada Field Office Federal Facility Agreement and Consent Order, Revision 1

    Energy Technology Data Exchange (ETDEWEB)

    Birney, Cathleen; Krauss, Mark J

    2013-10-01

    This document is part of an effort to reevaluate 37 FFACO and Administrative URs against the current Soils Risk-Based Corrective Action Evaluation Process. After reviewing 37 existing FFACO and Administrative URs, 11 URs addressed in this document have sufficient information to determine that these current URs may be downgraded to Administrative URs based on the RBCA criteria. This document presents recommendations on modifications to existing URs that will be consistent with the RBCA criteria.

  14. 30th November 2010 - Norwegian Ministry of Government Administration, Reform and Church Affairs State Secretary R. Valle signing the guest book with Head of International Relations F. Pauss and Director for Research and Scientific Computing S. Bertolucci; visiting CERN Computer Centre with Information Technology Department Head F. Hemmer.

    CERN Multimedia

    Maximilien Brice

    2010-01-01

    30th November 2010 - Norwegian Ministry of Government Administration, Reform and Church Affairs State Secretary R. Valle signing the guest book with Head of International Relations F. Pauss and Director for Research and Scientific Computing S. Bertolucci; visiting CERN Computer Centre with Information Technology Department Head F. Hemmer.

  15. 1 November 2012 - Signature of the Co-operation Agreement between the Administrative Department of Science, Technology and Innovation (COLCIENCIAS) of Colombia and the European Organization for Nuclear Research (CERN) concerning Scientific and Technical Co-operation in High-Energy Physics and related technologies by CERN Director-General R. Heuer, witnessed by Ambassador of Colombia to Switzerland C. Turbay Quintero.

    CERN Multimedia

    Maximilien Brice

    2012-01-01

    1 November 2012 - Signature of the Co-operation Agreement between the Administrative Department of Science, Technology and Innovation (COLCIENCIAS) of Colombia and the European Organization for Nuclear Research (CERN) concerning Scientific and Technical Co-operation in High-Energy Physics and related technologies by CERN Director-General R. Heuer, witnessed by Ambassador of Colombia to Switzerland C. Turbay Quintero.

  16. 75 FR 18014 - Federal Highway Administration

    Science.gov (United States)

    2010-04-08

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF TRANSPORTATION Federal Highway Administration AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of...: Federal Highway Administration, Kentucky Division: Mr. Greg Rawlings, Transportation Specialist, 330...

  17. 78 FR 32470 - Employment and Training Administration

    Science.gov (United States)

    2013-05-30

    ... Employment and Training Administration Investigations Regarding Eligibility To Apply for Worker Adjustment..., the Director of the Office of Trade Adjustment Assistance, Employment and Training Administration, has... Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room...

  18. The values of administrative procedural law and the meaning of Its codification in China

    Institute of Scientific and Technical Information of China (English)

    MA Huaide

    2006-01-01

    Administrative procedural law has the value of justice,efficiency and order.Codifying administrative procedural law in China means promoting the development of democratic politics,protecting basic civil rights,curbing and eliminating corruption,building a clean and honest government,overcoming bureaucracy and enhancing administrative efficiency.Establishing an administrative procedure code that unifies administrative legislation,enforcement and judicial procedures is a goal that must be realized in the future.

  19. 7 CFR 235.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 235.3 Section 235.3 Agriculture... CHILD NUTRITION PROGRAMS STATE ADMINISTRATIVE EXPENSE FUNDS § 235.3 Administration. (a) Within the Department, FNS shall act on behalf of the Department in the administration of the program for payment...

  20. 北洋初期司法界与湖北军政当局的矛盾与抗争--以刘豫瑶案为例%Rivalries between the Judicial Circle and the Military and Political Authorities in Hubei Province During the earlier period of Northern Warlords Government---Focus on the Lawsuit of Liu Yuyao

    Institute of Scientific and Technical Information of China (English)

    张海荣

    2016-01-01

    The principle of judicial independence has been introduced into China since the Judicial Reform in late Qing Dynasty. During the early Northern Warlords Government period, although the political and economic situation was always disordered, the principle of judicial independence was still respected in appearance in a certain time. In winter of 1919, Wang Zhan⁃yuan, together with He Pei⁃rong, unexpectedly appointed Cheng Ding⁃yuan as the deputy Chief Justice of the Higher Court in Hubei province. Their excuse was Liu Yu⁃yao, the former Chief Justice, had bent law for selfish ends. Meanwhile, they also unlawfully detained the judge Chen Chang⁃cu in order to get the official seal. Such behaviors made a bad start for the highest provincial military officer interfering with judicial administration by force. Because the nature of this case was extremely bad, the Central Department of Justice, along with the Higher Court in Hubei province, fought back strictly. Both sides argued repeatedly with the judicial administration, as well as other issues. Finally the Central Government had to intervene and reaffirmed the principle of judicial independence. By showing the various cognitive conflicts and behavior patterns of all parties in this case, this paper examines multiple spectrums of relations between military and politics in the Northern Warlord period.%自清末实施司法改革以来,司法独立原则被正式引入中国。北洋政府初期,虽然政局扰攘不安、社会经济紊乱,但在一定时期内司法独立原则仍保有形式上的尊崇。而1919年冬,湖北督军王占元、省长何佩瑢藉口本省高等审判厅厅长刘豫瑶徇私枉法,竟擅自委任督军署军法课长程定远暂代厅长,并派兵拘押原代理厅长陈长簇,劫夺厅印,开民国以来地方最高军政长官联手干涉司法行政的嚆矢。由于该案性质极其恶劣,随即招致中央司法部与湖北高等审判厅的群体反击

  1. 31 CFR 285.11 - Administrative wage garnishment.

    Science.gov (United States)

    2010-07-01

    ..., or judicial or administrative body. For purposes of this section, the terms “wage garnishment order... this section, and the time frame within which the debtor may exercise his or her rights. (2) The debtor... the Secretary of the Treasury. The withholding order shall contain the signature of, or the image...

  2. Administrative Advocacy: Implications for Affecting Policy and Grantmaking.

    Science.gov (United States)

    Chan, Adrian

    In addition to the three traditionally defined branches of Federal and State government (executive, legislative, and judicial) there exists a fourth, powerful branch--administrative or regulatory agencies. To the naive eye, passage of a legislative act will lead to resolution of the problems that initiated the need for the act. However,…

  3. THE IMPACT OF COURTROOM CAMERAS ON THE JUDICIAL PROCESS

    Directory of Open Access Journals (Sweden)

    Scott Campbell

    2017-07-01

    Full Text Available The sensational trial of Richard Bruno Hauptmann for the kidnapping and murder of Charles Lindberg’s young son in 1935 marked the starting point of the debate regarding the propriety of allowing cameras in courtrooms during judicial proceedings. This debate intensified during and following the 1994-1997 trial of O.J. Simpson. At issue is how a court must weigh the Sixth Amendment right of the accused to a public trial and the First Amendment right to a free press, as well as its own interest in preserving the dignity and decorum of the courtroom. This paper examines the history, Federal rules, seminal court cases, and California rules concerning cameras in the courtroom in the context of these important Constitutional issues. This research provides qualitative data from 208 California judges that help explain some of the thinking by those who are empowered to accept or reject requests to record court proceedings.

  4. ELABORATION OF A JUDICIAL ACCOUNTING EXPERTISE REPORT. AN EXAMPLE

    Directory of Open Access Journals (Sweden)

    DEACONU SORIN-CONSTANTIN

    2013-12-01

    Full Text Available The accounting expert profession should be a noble one. It should be respected by third parties as well as the accounting professional in question. The work of a professional accountant involves, among other responsibilities, the elaboration of judicial accounting expertise reports. Unfortunately, the content of certain reports filed in court is not entirely professionally written and eloquent for the judge. The elaboration of a report has to be done according to the rules stipulated in professional standard no. 35 Accounting expertise. One sensitive point in the elaboration of expertise reports is the submission of the lists from the local offices to the courts of law. Most of the times these lists only include some of the experts whose reports are incondite. This article presents an expertise reports with two objectives formulated by the court

  5. Promoting Justices: Media Coverage of Judicial Nominations in Israel

    Directory of Open Access Journals (Sweden)

    Bryna Bogoch

    2014-10-01

    Full Text Available This paper compares the framing of the coverage of judicial appointments in Israel in 2008 in two newspapers with nomination news from preceding years and to the patterns of press coverage in the U.S. A content analysis of 101 Supreme Court nomination articles indicated that unlike the political frame of American coverage, the press in Israel preserves its ostensible commitment to the professionalism of judges while linking the Supreme Court to political maneuvering in the selection of candidates. These findings are discussed within the context of the media's role in constructing judicial nominations as a debate about the role of the Supreme Court in Israeli society. Este artículo compara el marco de la cobertura de los nombramientos judiciales en Israel en 2008 en dos periódicos, con noticias de nombramientos de años anteriores y en los Estados Unidos, con los patrones de cobertura de prensa en los EE.UU. Un análisis de contenido de 101 artículos de nombramientos de la Corte Suprema indicó que, a diferencia del marco político de la cobertura de América, la prensa en Israel consierva su aparente compromiso con la profesionalidad de los jueces, a pesar de que relaciona la Corte Suprema con maniobras políticas en la selección de candidatos. Estos resultados se discuten en el contexto del papel de los medios de comunicación en la construcción de los nombramientos judiciales como un debate sobre el papel de la Corte Suprema en la sociedad israelí. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2478756

  6. Psychological expert witness testimony and judicial decision making trends.

    Science.gov (United States)

    Shapiro, David L; Mixon, LeKisha; Jackson, Melissa; Shook, Jonathan

    2015-01-01

    Despite the establishment of the Daubert standard in 1993, the evidentiary criteria are rarely used as a basis for admissibility of expert witness testimony in the behavioral sciences. Ever since the promulgation of Frye and the Federal Rules of Evidence, controversy has surrounded the admissibility of expert testimony in courtrooms. There appears to be no existing uniform application of standards governing the admissibility of psychological expert witness testimony. Therefore, it is essential for the psycho-legal communities to explore judicial decision-making trends regarding psychological expert witness evidence. In this current research, psychological expert witness testimony and judicial decision-making will be explored. In preliminary examination, 97 criminal and civil case summaries from the LexisNexis Academic Database involved issues of admissibility. Analyses conducted by eight trained and paired coders revealed that reliability and assistance to the trier of fact were the most often cited reasons for admissibility in courts. Consistent with prior studies, it was also found that the most applied standards for admissibility of psychological evidence were the Federal Rules of Evidence. Interestingly, while the Daubert scientific criteria for admission of scientific testimony were mentioned, they were rarely utilized. A secondary analysis of 167 civil and criminal appellate cases indicated that the reliability of testimony (18% of all cases), ability to assist the trier of fact (17%), the expert witness' qualifications (17%), and the relevance of the testimony (16%) were the most commonly cited reasons for determining admissibility. A tertiary qualitative analysis focusing on these four categories then revealed eight major trends in admissibility of psychological expert evidence.

  7. A particular articulation of judicial activism of the CJEU in its approach towards international law

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    This paper seeks to provide a theoretical and methodological framework that can be used in assessing the judicial activism of the Court of Justice of the European Union (CJEU) in its jurisprudence dealing with public international law. The underlying questions are: What underpins the judicial act...

  8. 28 CFR 50.9 - Policy with regard to open judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... safety of parties, witnesses, or other persons; or (iii) A substantial likelihood that ongoing... judicial proceedings pursuant to 18 U.S.C. 3509 (d) and (e) for the protection of child victims or child witnesses. (f) Because of the vital public interest in open judicial proceedings, the records of any...

  9. 9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.

    Science.gov (United States)

    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...

  10. Key Obama officials leave administration

    Science.gov (United States)

    Showstack, Randy

    2013-01-01

    Secretary of the Interior Ken Salazar is one of the latest members of the Obama administration to announce that he is leaving his position near the start of President Obama's second term in office. Salazar, who has served as interior secretary since January 2009, intends to leave the department by the end of March, the department noted on 16 January. Salazar joins a number of other key officials who are planning to leave the administration. They include Environmental Protection Agency administrator Lisa Jackson, National Oceanic and Atmospheric Administration administrator Jane Lubchenco, and U.S. Geological Survey director Marcia McNutt.

  11. Administration for Children and Families

    Science.gov (United States)

    ... Releases RSS Feeds Speeches Videos What is the Administration for Children & Families? The Administration for Children and Families (ACF) is a division ... Center Blog Press Releases RSS Feeds Speeches Videos Administration for Children & Families U.S. Department of Health & Human ...

  12. Recommendations and Justifications To Remove Use Restrictions Established under the U.S. Department of Energy, National Nuclear Security Administration Nevada Field Office Federal Facility Agreement and Consent Order, Revision 0

    Energy Technology Data Exchange (ETDEWEB)

    Birney, Cathleen; Krauss, Mark J

    2013-09-01

    This document is part of an effort to reevaluate 37 FFACO and Administrative URs against the current Soils Risk-Based Corrective Action Evaluation Process. After reviewing 37 existing FFACO and Administrative URs, 3 URs addressed in this document have sufficient information to determine that these current URs may be removed, based on the RBCA criteria. This document presents recommendations on modifications to existing URs that will be consistent with the RBCA criteria.

  13. HISTORIOGRAPHY GENERAL, REGIONAL AND SPECIAL STUDIES OF JUDICIAL REFORM IN RUSSIA 1864

    Directory of Open Access Journals (Sweden)

    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

  14. Classification of judicial investigation situations and its importance for criminalistic tactics

    Directory of Open Access Journals (Sweden)

    Voronin S.E.

    2014-12-01

    Full Text Available The problems of defining the criteria for determining judicial investigation situations are studied. Situations occurring during the prejudicial inquiry and legal proceedings have same epistemological nature, which allows to successfully apply the existing classification base to systematize and order the situations of judicial investigation. The author distinguishes the judicial problem-searching situations, occurring in the courts of original jurisdiction, of appellate jurisdiction, of review and of reviewing authority, differing in the character of problem raised and solved by the court. The typical situation in the courts of original jurisdiction is collecting evidence sufficient for making judicial decision. The typical situation in the courts of appellate jurisdiction, of review and of reviewing authority is validating decisions made by the court of original jurisdiction. The difference in the line of development of typical judicial investigation situations and search and cognitive activity’s character is shown. The author distinguishes typical problem-searching judicial situations, occurring in the court of original jurisdiction, connected with: 1 saving the evidence seized during prejudicial inquiry; 2 filling the gaps in prejudicial inquiry materials; 3 providing judicial assessment of evidence; 4 making judicial decision. The court of original jurisdiction adjudicates in a case, courts of appellate jurisdiction, of review and of reviewing authority review the judicial decision (their revision activity is provided with search and cognitive means to a lesser extent. The most widespread problem-searching judicial situations in the court of appellate jurisdiction are distinguished. The information uncertainty in mentioned situations cannot be overcome by cognitive means of such courts.

  15. 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.

  16. 环境公益的司法救济%On Judicial Relief of Environmental Public Interest

    Institute of Scientific and Technical Information of China (English)

    杨添翼; 徐信贵

    2012-01-01

    Protecting environmental public interest is the most important respect. At present in China, if environmental public interest is damaged, it depends on the relief from administrative organ. However, only administrative relief cannot protect environmental public interest, we also need judicial relief. There are two channels that are environmental civil public litigation and environmental administrative public litigation on judicial relief of environmental public interest, which have many same and different places on many aspects such as purpose of action, subject of action, burden of proof, result of action and so on. Comparing the same and different of them has active significant to build the system of environmental public interest litigation.%保护环境公益是环境保护最重要的方面.在目前的中国,环境公益受到损害主要依赖于行政机关的救济.然而,仅仅依赖行政救济不足以保护环境公益,我们还需要司法救济.环境公益的司法救济途径有二种,即环境民事公益诉讼和环境行政公益诉讼,二者在诉讼目的、诉讼主体、举证责任、诉讼效果等方面具有诸多的相同点和差异,比较它们的异同对于我国构建环境公益诉讼制度具有积极的指导意义.

  17. Synthesis of Climate Change Policy in Judicial, Executive, and Legislative Branches of U.S. Government

    Directory of Open Access Journals (Sweden)

    Robert Brinkmann

    2011-12-01

    Full Text Available In recent years, the United States has struggled to develop a comprehensive policy for climate change and concomitant greenhouse gas emissions that addresses the current scientific thinking on the topic. The absence of any clear legislative or executive approach dominated national discussions and the court system was used to litigate a variety of issues associated with global warming. This paper synthesizes actions taken in the three branches of government prior to and immediately following the Obama election. In the Judicial branch, several branches of law have been used to force government and private parties to reduce greenhouse gas emissions. Based on the historic greenhouse gas lawsuit, Massachusetts et al. v. the United States Environmental Protection Agency (U.S. EPA, and under the direction of the Obama administration, the U.S. EPA has taken significant action to regulate greenhouse gases. In the legislative branch, a comprehensive energy and climate bill passed the House of Representatives and comparable and alternate energy and climate bills were debated in the Senate indicating hope for legislation in the 111th Congress. However, these bills proved to be unsuccessful, therefore leaving the U.S. EPA and the courts the only options for national climate policy in the near future.

  18. [Consequences of the judicialization of health policies: the cost of medicines for mucopolysaccharidosis].

    Science.gov (United States)

    Diniz, Debora; Medeiros, Marcelo; Schwartz, Ida Vanessa D

    2012-03-01

    This study analyzes expenditures backed by court rulings to ensure the public provision of medicines for treatment of mucopolysaccharidosis (MPS), a rare disease that requires high-cost drugs not covered by the Brazilian government's policy for pharmaceutical care and which have disputed clinical efficacy. The methodology included a review of files from 196 court rulings ordering the Brazilian Ministry of Health to provide the medicines, in addition to Ministry of Health administrative records. According to the analysis, the "judicialization" of the health system subjected the Brazilian government to a monopoly in the distribution of medicines and consequently the loss of its capacity to manage drug purchases. The study also indicates that the imposition of immediate, individualized purchases prevents obtaining economies of scale with planned procurement of larger amounts of the medication, besides causing logistic difficulties in controlling the amounts consumed and stored. In conclusion, litigation results from the lack of a clear policy in the health system for rare diseases in general, thereby leading to excessive expenditures for MPS treatment.

  19. [Medical-legal conduct with individuals in judicial or police custody].

    Science.gov (United States)

    Medallo Muñiz, Jordi; Martín-Fumadó, Carles; Nuno Vieira, Duarte

    2014-03-01

    The problems involved in caring for individuals in custody, as well as deaths that occur during custody, are relevant aspects of legal and forensic medicine in terms of the possible criminal, civil and administrative responsibility of health professionals and/or public or private institutions that might hold individuals in custody and deprived of freedom. The rule of law should ensure that these cases comply with state law and international agreements and treaties related to human rights and the special treatment of individuals deprived of freedom in hospitals or detention centers. Of particular mention is the medical-forensic activity regarding deaths associated with the use of control holds and/or restraint during the detention of individuals by members of the armed forces or law enforcement or in healthcare centers by safety and healthcare personnel. In these cases, both the immediate healthcare treatment subsequent to the events and the medical-forensic study should be particularly careful. These situations, which are often high profile, cause social alarm and involve judicial actions that can result in especially severe liabilities.

  20. 40 CFR 23.3 - Timing of Administrator's action under Clean Air Act.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Timing of Administrator's action under Clean Air Act. 23.3 Section 23.3 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL JUDICIAL REVIEW UNDER EPA-ADMINISTERED STATUTES § 23.3 Timing of Administrator's action under Clean Air...

  1. 28 CFR 0.138 - Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco...

    Science.gov (United States)

    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... Justice Programs, Executive Office for Immigration Review, Executive Office for United States...

  2. Administrating Solr

    CERN Document Server

    Mohan, Surendra

    2013-01-01

    A fast-paced, example-based guide to learning how to administrate, monitor, and optimize Apache Solr.""Administrating Solr"" is for developers and Solr administrators who have a basic knowledge of Solr and who are looking for ways to keep their Solr server healthy and well maintained. A basic working knowledge of Apache Lucene is recommended, but this is not mandatory.

  3. 司法改革与政治合法性——对审判管理改革的法政治学透视%Judicial Reformation and Political Legitimacy:On the Reformation of Trial Management from the Perspective of Politics of law

    Institute of Scientific and Technical Information of China (English)

    贾永健

    2012-01-01

    近年的审判管理改革未改变造成审判权责脱节问题的体制节点,却着力于加强对审判权的政治和行政控制,以致权力和责任脱节问题更加突出,反而不利于政治合法性的强化。遵循司法规律的司法改革才能更有效解决审判权责脱节问题,实现"建设公正高效权威司法制度"的法治目标和"强化政治合法性"的政治目标。%The justice,which connects the state and people,is a key factor of the political legitimacy.Therefore,strengthening the political legitimacy more effectively is the essential motives for judicial reformation.In recent years,the reformation of trial management has been implemented in our court system as the new program of judicial reformation to reinforce the political and administrative control of judicial power by improving the trial mechanism,in order to unify the judicial power and responsibility.However,the divorce between judicial power and responsibility was worse.Therefore,it is the judicial system reformation by the judicial laws that solve the judicial problems and realize the legal goal of constructing the just,efficient and authoritative judicial system and the political goal of strengthening the political legitimacy more effectively.

  4. BRAZILIAN ADMINISTRATION, ADMINISTRATIVE REFORM AND THE NEW STATE: THE ROLE OF ADMINISTRATIVE APPARATUS IN VARGAS ADMINISTRATION

    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.

  5. Analyses of Medical Malpractice in Judicial Appraisal: 505 Cases

    Directory of Open Access Journals (Sweden)

    Meng You

    2015-01-01

    Full Text Available The purpose of this paper is to investigate and analyze the current situation of medical malpractice and make suggestions for preventative measures from a judicial appraisal standpoint. From 2002 to 2011, we conducted and analyzed 505 medicolegal malpractice experiments at the Fada Institute of Forensic Medicine and Science (FIFMS in Beijing, People′s Republic of China (PRC. We found that the occurrence of medical disputes in surgical and obstetrical/gynecological cases seemed more frequent. The main causes of medical disputes included issues regarding medical ethics, poor quality of the medical staff, equipment malfunctions, and dereliction of duty by the medical personnel. The reasons for dissatisfaction varied among the different levels of medical service. Basic medical services garnered the most complaints. If we can work to improve the moral and professional standards of the medical staff members, intensify their ethics, and foster good relationships between patients and medical professionals, the quality of medical care would improve and the number of disputes regarding medical services would be reduced.

  6. Treatnebt if Addiction - Clinical and Judicial Perspectives: Two Case Reports

    Directory of Open Access Journals (Sweden)

    Sofia Fonseca

    2013-12-01

    Full Text Available The sporadic or chronic use of drugs and alcohol is directly related to conduct disorders and to the triggering of psychopathological states of sub-acute or chronic course. The excessive consumption of alcohol and excessive traffic/consumption of illicit drugs by individuals without mental illness or disability are actions of free will; they are therefore criminally responsible for their behaviour, even if they commit a crime during the state of intoxication, which the individual chose voluntarily to experience. In clinical practice, it is widely accepted that the treatment of these disorders is only effective when the patient accepts it voluntarily and that involuntary commitment (compulsive treatment is only carried out when the psychopathological state associated justifies the presuppositions of Article 12 of the Mental Health Law. However, if the compulsive treatment is of a penal character, mandated by a judge, the individual is obligated to accept treatment, independent of whether or not he suffers from mental illness. The authors present two case studies, one of drug addiction, the other of alcoholism, and discuss the clinical and judicial perspectives on the treatment of these clinical entities.

  7. Enterprise Mac administrators guide

    CERN Document Server

    Smith, William

    2015-01-01

    IT departments everywhere will be integrating Macs and Mac OS X into their IT infrastructure and this book will tell them how to do it. It will serve as an authoritative, useful and frequently referenced book on Mac OS X administration.

  8. Secession, Combination and Creation: From Old Departments to New.

    Science.gov (United States)

    Cole, Susan S.

    1995-01-01

    Describes the author's experiences finding an administrative home for theater departments, whether seceding from a communication arts department, or combining with other arts areas to form a new department. Offers recommendations and advice. (SR)

  9. The evolution of administrative law in Albania and the impact of the decisions of the European Court of Justice in the Albanian legal reforms in administrative justice

    Directory of Open Access Journals (Sweden)

    Monika MEÇA

    2014-12-01

    Full Text Available The selection of the thesis was generally motivated by the lack of legal treatise focused in the arguments of Administrative Court importance in Albanian Judicial system as a new judicial structure, whose role would be to check the legality of decisions of the state administration with the aim to guarantee effective protection of human rights and legitimate interests of private persons through a regular, conform, fast and reasonable judicial process. The aim of this study is to describe the institutional steps taken from Albanian Government in administrative justice evolution, enormous differences between the administrative law before and after 1990, and the impact of European Court of Justice case law and EU law in the Albanian legal reforms in administrative justice. By analyzing the development of the administrative law in Albania is highlighted that the factors which influenced the transformation processes of this branch of law are the level of political culture, the heritage of the paste and the European Union , which has long been engaged in direct support for the modernization of public administration in Albania . In conclusion studying and analyzing the recent reform undertaken in the establishment of administrative court in Albania is necessary to make an evaluation of the impact of this reform in amending the legal framework for administrative procedures and adoption of a new Code of Administrative Procedure.

  10. 7 CFR 220.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 220.3 Section 220.3 Agriculture... CHILD NUTRITION PROGRAMS SCHOOL BREAKFAST PROGRAM § 220.3 Administration. (a) Within the Department, FNS shall act on behalf of the Department in the administration of the Program covered by this part....

  11. 7 CFR 215.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 215.3 Section 215.3 Agriculture... CHILD NUTRITION PROGRAMS SPECIAL MILK PROGRAM FOR CHILDREN § 215.3 Administration. (a) Within the Department, FNS shall act on behalf of the Department in the administration of the Program. Within FNS,...

  12. 7 CFR 226.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 226.3 Section 226.3 Agriculture... CHILD NUTRITION PROGRAMS CHILD AND ADULT CARE FOOD PROGRAM General § 226.3 Administration. (a) Within the Department, FNS shall act on behalf of the Department in the administration of the Program....

  13. 7 CFR 250.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 250.2 Section 250.2 Agriculture... TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION General § 250.2 Administration. (a) Delegation to FNS. Within the Department, FNS shall act on behalf of the Department in the administration of...

  14. 7 CFR 227.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 227.3 Section 227.3 Agriculture... CHILD NUTRITION PROGRAMS NUTRITION EDUCATION AND TRAINING PROGRAM General § 227.3 Administration. (a) Within the Department, FNS shall act on behalf of the Department in the administration of the Program....

  15. 7 CFR 225.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 225.3 Section 225.3 Agriculture... CHILD NUTRITION PROGRAMS SUMMER FOOD SERVICE PROGRAM General § 225.3 Administration. (a) Responsibility within the Department. FNS shall act on behalf of the Department in the administration of the Program....

  16. 7 CFR 1465.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1465.2 Section 1465.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... § 1465.2 Administration. (a) Administration and implementation of AMA's conservation provisions for...

  17. 7 CFR 248.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 248.3 Section 248.3 Agriculture... CHILD NUTRITION PROGRAMS WIC FARMERS' MARKET NUTRITION PROGRAM (FMNP) General § 248.3 Administration. (a) Delegation to FNS. Within the Department, FNS shall act on behalf of the Department in the administration...

  18. Impacto del activismo judicial sobre la garantia del derecho a la educacion en Santiago de Cali

    National Research Council Canada - National Science Library

    Recalde Castaneda, Gabriela

    2013-01-01

    ... derechos economicos, sociales y culturales, como la educacion. El denominado activismo judicial ha visibilizado la necesidad de replantear la nocion clasica de la separacion de poderes y las relaciones entre ramas del Poder Publico...

  19. Ultima Ratio and the Judicial Application of Law

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2013-01-01

    Full Text Available The nature of Ultima Ratio as a principle, its relationship to other principles in the criminal law is the first subject of this paper. After discarding approaches that deny any role to the ultima ratio principle like the criminal law of the enemy, the major readings of the justification of the ius puniendi – deontological and utilitarian – are related to the idea of a restrained resort to criminalisation and penal sanction. The role of the main protagonists in relation to punishment is next considered: transgressor, community and victim. The issues of impunity and overpunity are also considered in this part. The second part of the paper analyses the possible effects of ultima ratio, a general politico-moral principle mainly addressed to the legislator, on the application of the law by the judges. It is then turned into something closer to a general legal principle. The impact of ultima ratio on the different sub-decisions of the judicial application of the criminal law is spelt out in the decisions on qualification, evidence (inferences, interpretation and consequences in sentencing. Next, the role of ultima ratio on decisions in appeal and in cassation is analysed. The third part and conclusion deals with the main ideologies of ultima ratio and the wider issue of its role in securing a guarantee oriented criminal law in Europe. En este artículo se aborda, en primer lugar, el carácter de ultima ratio como principio, su relación con otros principios en el derecho penal. Después de descartar los enfoques que rechazan cualquier papel del principio de ultima ratio como el derecho penal del enemigo, las lecturas principales de la justificación del ius puniendi, deontológico y utilitarista, están relacionadas con la idea de un recurso restringido a la criminalización y sanción penal. A continuación, se analiza el papel de los protagonistas principales relacionados con el castigo: transgresor, comunidad y víctima. En esta parte tambi

  20. 75 FR 13763 - General Services Administration Acquisition Regulation; Submission for OMB Review; GSA Form 1217...

    Science.gov (United States)

    2010-03-23

    ... ADMINISTRATION DEPARTMENT OF DEFENSE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION General Services Administration Acquisition Regulation; Submission for OMB Review; GSA Form 1217, Lessor's Annual Cost Statement AGENCY: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics...

  1. INTERPRETACIÓN CONSTITUCIONAL Y JUDICIAL. COMO LEER SENTENCIAS JUDICIALES

    Directory of Open Access Journals (Sweden)

    Sergio Rodríguez Alzate

    2010-01-01

    Full Text Available El Estado colombiano es un Estado social de derecho (así lo define el Artículo 1º de nuestra Carta Política, con el cual se busca la realización de la justicia social y la dignidad humana mediante la sujeción de las autoridades públicas a los principios, derechos y deberes sociales de orden constitucional. De allí, se desprende que sea tan importante el Derecho Constitucional, ya que es la principal rama del derecho público por cuanto participa en todos los estamentos propios de lo jurídico y especialmente de la estructura del Estado como base de todo ordenamiento institucional político, razón por la cual al entenderse como la disciplina del derecho encargada de los estudios conceptuales de los estados sociales de derecho, es vital tanto el surgimiento de la Constitución Política como de su interpretación, desde el estudio de sus fundamentos hasta la asimilación de una hermenéutica jurídica que encamine a todos los gobernados por la norma de normas. De acuerdo al concepto anteriormente señalado, se hace necesario valorar el alcance de la Interpretación Constitucional en el contexto general de la Carta Magna facilitando la exégesis judicial y su contenido crítico, llegando a una conexión explicativa de cualquier problema jurídico y extrajurídico.

  2. Judicialização da política e controle judicial de políticas públicas Judicialization of politics and the judicial review of public policies

    Directory of Open Access Journals (Sweden)

    Estefânia Maria de Queiroz Barboza

    2012-06-01

    Full Text Available O presente artigo analisa a judicialização da política demonstrando que não se trata apenas de um fenômeno brasileiro, mas de algo comum a diversos países ocidentais. Esse movimento tem sofrido severas críticas, que questionam a sua legitimidade e apontam o esvaziamento da esfera política. Em contraponto, é traçado um paralelo com a doutrina da autorrestrição judicial, a qual defende que as questões políticas devem ser enfrentadas pelos poderes eleitos. Por fim, procura-se demonstrar, por meio da análise de decisões do STF e do STJ, como o Poder Judiciário brasileiro tem se manifestado em questões de políticas públicas, de modo a realizar os direitos fundamentais plasmados na Carta de 1988.This paper aims to analyze the so-called judicialization of politics, showing that it is not just a Brazilian experience, but a common one in several Western countries. This movement has been very criticized concerning its political legitimacy and the exhaustion of political sphere. from the other hand the article analyzes the theory of judicial restraint, which defends that political questions should be decided by elected powers. Finally, it demonstrates through the analysis of Brazilian Supreme Court's (STF decisions and other Courts decisions such as STJ how Brazilian Judicial Power has faced issues of public policies in order to enforce basic rights present in the Brazilian Constitution of 1988.

  3. Administrative Reform

    DEFF Research Database (Denmark)

    Plum, Maja

    Through the example of a Danish reform of educational plans in early childhood education, the paper critically addresses administrative educational reforms promoting accountability, visibility and documentation. Drawing on Foucaultian perspectives, the relation between knowledge and governing...... of administrative technology, tracing how the humanistic values of education embed and are embedded within ‘the professional nursery teacher' as an object and subject of administrative practice. Rather than undermining the humanistic potential of education, it is argued that the technology of accounting...

  4. RITUALITY AS A WAY OF ACTUALIZING THE CATEGORY OF OTHERNESS WITHIN THE JUDICIAL DISCOURSE

    OpenAIRE

    Bogomazova Viktoriya Vladimirovna

    2014-01-01

    The article deals with the rituality as one of the ways of actualizing the category of otherness within the judicial discourse, in general, and the court session, in particular. The author analyzes the relevant features of rituality in the judicial discourse, reveals the categorical connection between the rituality and otherness, the speech means which actualize their interaction. The author gives examples illustrating the actualization of the concept by means of rituality in the texts of cou...

  5. Medicare Administrative Contractor Performance Evaluation

    Data.gov (United States)

    U.S. Department of Health & Human Services — The Centers for Medicare and Medicaid Services (CMS) has compiled a summary of overall Medicare Administrative Contractor (MAC) performance information as measured...

  6. State Lands by Administrator - Forestry

    Data.gov (United States)

    Minnesota Department of Natural Resources — DNR land ownership and administrative interest mapped to the PLS forty level. This layer merges the DNR Control Point Generated PLS layer with IBM mainframe-based...

  7. HUD Administrative Law Judges Decisions

    Data.gov (United States)

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

  8. US Fire Administration Fire Statistics

    Data.gov (United States)

    Department of Homeland Security — The U.S. Fire Administration collects data from a variety of sources to provide information and analyses on the status and scope of the fire problem in the United...

  9. State Lands by Administrator - County

    Data.gov (United States)

    Minnesota Department of Natural Resources — DNR land ownership and administrative interest mapped to the PLS forty level. This layer merges the DNR Control Point Generated PLS layer with IBM mainframe-based...

  10. State Lands by Administrator - Fisheries

    Data.gov (United States)

    Minnesota Department of Natural Resources — DNR land ownership and administrative interest mapped to the PLS forty level. This layer merges the DNR Control Point Generated PLS layer with IBM mainframe-based...

  11. ADMINISTRATIVE JUSTICE IN FRANCE. BETWEEN SINGULARITY AND CLASSICISM

    Directory of Open Access Journals (Sweden)

    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.

  12. Wilderness record, Nunivak National Wildlife Refuge, Second Judicial District, Alaska

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — Wilderness study report; mineral appraisal; master plan; Federal Register notice; materials sent to news media; public hearing package, mailing list, handout...

  13. Shifts in Competences between Member States and the EU in the New Supervisory System for Credit Institutions and their Consequences for Judicial Protection

    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.

  14. Shifts in Competences between Member States and the EU in the New Supervisory System for Credit Institutions and their Consequences for Judicial Protection

    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.

  15. Administrative Ecology

    Science.gov (United States)

    McGarity, Augustus C., III; Maulding, Wanda

    2007-01-01

    This article discusses how all four facets of administrative ecology help dispel the claims about the "impossibility" of the superintendency. These are personal ecology, professional ecology, organizational ecology, and community ecology. Using today's superintendency as an administrative platform, current literature describes a preponderance of…

  16. Discussion of Vice Director of Clinical Departments Take Part in Administration Head On Duty%临床科室副主任参加院行政总值班的探讨

    Institute of Scientific and Technical Information of China (English)

    金鑫

    2011-01-01

    Administrative head on duty system is an important part in hospital management of medical establishment. The main tasks were hospital administrative logistics management and emergency treatment in non - office hours. Make sure the security of hospital, medical treatment and patients.Ensure the smooth progress of medical work. We have achieved good results since the implementation of the system from 2009.%医疗机构中的行政总值班制度是医院管理中重要的组成部分.主要承担非办公时间内医院的行政后勤管理、突发事件的紧急处理等,以保障医院安全、医疗安全、患者安全,保证医疗工作的顺利进行.我院从2009年开始实行临床科室行政副主任参加院行政总值班,取得较好的效果.

  17. Reinventing Regulation/Reinventing Accountability: Judicial Review in New Governance Regimes

    Directory of Open Access Journals (Sweden)

    William D. Araiza

    2010-10-01

    Full Text Available This Essay considers the doctrinal and institutional challenges courts and designers of New Governance systems face when considering the availability and scope of judicial review. Part II briefly summarizes New Governance principles, while Part III explains the challenges they pose for American standing law. The Essay then considers solutions. Part IV considers aspects of other nations’ administrative standing law, considering whether those nations’ legal innovations overcome these hurdles while remaining true to courts’ proper role in reviewing agency action. Other nations have taken significant steps to resolve these issues; however, it remains unclear whether those resolutions transfer to the different institutional and legal structure in the United States. Part V considers whether the problem of standing can be resolved in a principled way by reconceptualizing the injury plaintiffs allege when they challenge New Governance regulation. Finally, Part VI considers the proper scope of judicial review of New Governance regulation. Cet article traite des défis doctrinaux et institutionnels qui se présentent aux tribunaux et aux concepteurs de systèmes de Nouvelle Gouvernance lorsqu’ils envisagent la disponibilité et la portée de la révision judiciaire. La partie II résume brièvement les principes de Nouvelle Gouvernance alors que la partie III explique les défis qu’ils présentent pour la législation américaine en vigueur. L’article considère ensuite des solutions. La partie IV traite d’aspects de la législation administrative en vigueur d’autres nations, en examinant si les innovations juridiques de ces nations surmontent ces obstacles tout en demeurant fidèles au rôle approprié des tribunaux lorsqu’ils révisent les actions d’agences. D’autres nations ont adopté des mesures importantes pour solutionner ces questions; toutefois, il n’est pas encore clair si ces solutions peuvent s’appliquer à la

  18. SIS - Species and Stock Administrative Data Set

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — The Species and Stock Administrative data set within the Species Information System (SIS) defines entities within the database that serve as the basis for recording...

  19. 78 FR 41183 - Federal Aviation Administration

    Science.gov (United States)

    2013-07-09

    ... Federal Aviation Administration Meeting: RTCA Program Management Committee AGENCY: Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Notice of RTCA Program Management.... Paige Williams, Management Analyst, NextGen, Business Operations Group, Federal Aviation...

  20. 48 CFR 3028.106 - Administration.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Administration. 3028.106 Section 3028.106 Federal Acquisition Regulations System DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY... 3028.106 Administration....

  1. 77 FR 64837 - Federal Aviation Administration

    Science.gov (United States)

    2012-10-23

    ... Federal Aviation Administration Fourth Meeting: RTCA Special Committee 227, Standards of Navigation Performance AGENCY: Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION... 15, 2012. Kathy Hitt, Management Analyst, Business Operations Group, Federal Aviation...

  2. 76 FR 2745 - Federal Aviation Administration

    Science.gov (United States)

    2011-01-14

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Eighty-Fourth Meeting: RTCA Special Committee 159: Global Positioning System (GPS) AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of RTCA Special...

  3. 77 FR 25678 - International Trade Administration

    Science.gov (United States)

    2012-05-01

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews AGENCY: Import Administration, International Trade...

  4. 78 FR 25337 - Federal Aviation Administration

    Science.gov (United States)

    2013-04-30

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Agency Information Collection Activities: Requests for Comments; Clearance... Administration (FAA), DOT. ACTION: Notice and request for comments. SUMMARY: In accordance with the...

  5. Child Nutrition Programs. Administrative Manual.

    Science.gov (United States)

    Utah State Office of Education, Salt Lake City.

    Recognizing the importance of efficient and effective program administration for the success of Utah's Child Nutrition Programs, the State Office of Education developed a manual to assist local program administrators in using the U.S. Department of Agriculture's (USDA's) programs. This document contains Part 1 of the manual's four interrelated…

  6. 7 CFR 4284.1003 - Program administration.

    Science.gov (United States)

    2010-01-01

    ... Agriculture Regulations of the Department of Agriculture (Continued) RURAL BUSINESS-COOPERATIVE SERVICE AND RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE GRANTS Agriculture Innovation Demonstration Centers § 4284.1003 Program administration. The Agriculture Innovation Demonstration Center program is...

  7. Employment Rights of Handicapped Individuals: Statutory and Judicial Parameters.

    Science.gov (United States)

    Massaro, Toni M.

    1978-01-01

    Analyzes existing legislation, regulations, and case law interpreting statutory mandates to provide a survey of the current status of employment rights for the handicapped. Suggests an administrative framework to alleviate weaknesses in existing governmental programs. Available from Marshall-Wythe School of Law of the College of William and Mary,…

  8. Judicial Management: The Achievements of Chief Justice William Howard Taft.

    Science.gov (United States)

    Post, Robert

    1998-01-01

    Illuminates the importance of Chief Justice William Howard Taft in creating the modern administrative role of the Chief Justice of the United States. Specifically, the article examines the Act of 14 September 1922 that Taft championed in Congress to give the Chief Justice better tools for managing the judiciary. (DSK)

  9. Offentlig administration

    DEFF Research Database (Denmark)

    Nielsen, Elof Nellemann; Rehr, Preben René

    En undervisningsbog der henvender sig til administrationsbacheloruddannelsen. Kapitlerne er inddelt efter modulerne på uddannelsen og indeholder derfor elementer af administration, forvaltning, økonomistyring, innovation, samfundsvidenskabelige metoder og politisk styrede organisationer.......En undervisningsbog der henvender sig til administrationsbacheloruddannelsen. Kapitlerne er inddelt efter modulerne på uddannelsen og indeholder derfor elementer af administration, forvaltning, økonomistyring, innovation, samfundsvidenskabelige metoder og politisk styrede organisationer....

  10. 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...

  11. Open Trial under Judicial Value%司法价值视阈下的审判公开

    Institute of Scientific and Technical Information of China (English)

    张蓓蓓; 梁平

    2011-01-01

    司法价值关乎具体的司法动向和司法目标的实现。在深化司法体制改革过程中,确立了司法公正、司法效率、司法民主的价值取向。审判公开在促进司法公正,提高司法效率,保障司法民主方面,彰显了司法价值。%Judicial value is related to specific judicial trends and achievements of justice target.During the process of deepening the reform of justice,the value orientation of judicial justice,efficiency,and democracy has been established.Open trial demonstrates the value of justice in promoting judicial justice,improving judicial efficiency,and protecting judicial democracy.

  12. JUDICIAL SYSTEM OF THE VOLOGDA PROVINCE DURING THE FIRST WORLD WAR

    Directory of Open Access Journals (Sweden)

    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 - at a landmark in the history of Russian stage of the First World War.The purpose of this study - to investigate the status and the legal regulation of the judicial system, as well as - the status of the judicial institutions of theVologdaprovince during the First World War.Scientific, theoretical and practical significance of the work lies in the fact that the study of this topic will summarize the knowledge of the judicial system of theVologdaprovince, to understand the structure of the judiciary, the legal regulation of their status and activities in the First World War.The author uses historical, comparative, hermeneutical, mathematical methods, as well as general methods of scientific research.The author analyzes the status and regulation of the judicial system, as well as - the status of the judicial institutions of the Vologda province during the First World War, concluding that the judicial institutions of the Vologda province in the period under review was based on the establishment of institutions of court, 1864, as supplemented by the Law of the transformation local court in 1912, according to which the competence of Congress restored magistrates and parish court becomes part of the general judicial system.The results of this study are scientific and practical value, because they can be useful for teaching students - in the industrial discipline "judiciary" and general theoretical "History of State and Law," "History of the fatherland"; in science - by picking up information about the judicial system of the Vologda province, and in practice - said the work can be useful to practitioners of the judiciary, in order to understand the place of the judiciary in the system of state power during the First

  13. TOWARDS THE PROTECTION OF HUMAN RIGHTS: DO THE NEW ZIMBABWEAN CONSTITUTIONAL PROVISIONS ON JUDICIAL INDEPENDENCE SUFFICE?

    Directory of Open Access Journals (Sweden)

    Lovemore Chiduza

    2014-04-01

    Full Text Available If human rights are to be effectively protected in any country, the judiciary has to recognise that it also has a role to play in this regard. The rationale for this is that the judiciary has a duty to enhance and protect human rights. Across Africa and most notably in Zimbabwe political interference has been noted as a factor that limits judicial independence. In Zimbabwe the weak protection of judicial independence has contributed to gross human rights violations. Constitutional reforms have been conducted in order to improve the independence of the judiciary and consequently the judicial protection of human rights. These efforts have resulted in the adoption of a new Constitution in Zimbabwe which has replaced the Lancaster House Constitution. The Constitutional reforms have captured legal principles which will ensure an improvement in the human rights situation. Key to the reforms has been the independence of the judiciary. The Constitution guarantees the independence of the judiciary. Despite such guarantees there are a number of challenges with regards to this independence. The aim of this paper is therefore to analyse the judicial reforms introduced by the Constitution of Zimbabwe with a view to establishing whether or not such reforms are likely to improve judicial independence and in turn the protection of human rights in Zimbabwe.

  14. [The thesis of judicialization of health care by the elites: medication for mucopolysaccharidosis].

    Science.gov (United States)

    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.

  15. Department of Labor Black Lung C

    Data.gov (United States)

    Social Security Administration — The Department of Labor (DOL) provides a monthly file through the use of eData which contains the necessary identifying and payment information for all live miners,...

  16. Department of Labor, Black Lung B

    Data.gov (United States)

    Social Security Administration — Each month, the Department of Labor (DOL) sends a file through the use of eData which contains changes to Black Lung payments (updates only). Annually, around time...

  17. Department of Defense TRICARE (DOD TRICARE)

    Data.gov (United States)

    Social Security Administration — The purpose of this agreement is for SSA to verify SSNs and other identifying information for the Department of Veterans Affairs, VHA. DVA will use the information...

  18. Department of Defense PERSEREC (DOD PERSEREC)

    Data.gov (United States)

    Social Security Administration — The purpose of this agreement is for SSA to verify SSN information for Defense Manpower Data Center (DMDC) of the Department of Defense. DMDC will use the SSA data...

  19. The Establishment of Judicial Complaints Commission: to Strengthen the Judicial Supervision%设立司法投诉委员会:强化审判监督

    Institute of Scientific and Technical Information of China (English)

    李化祥

    2012-01-01

    我国司法制度与人民民主权利及经济、社会发展不相适应,司法能力与人民群众日益增长的司法需要不相适应,司法腐败日益凸显。不公正的司法判决不仅背离了公民的根本利益。而且引发了社会成员对法律与法院的不信任情绪,对社会稳定产生了极其恶劣的影响。地方性司法和司法监督方式是造成司法腐败的制度性因素。应当在省、自治区、直辖市人民代表大会设立司法投诉委员会接受终审裁决的原被告当事人的投诉,一则使人大在任命法院人员时依法真实地授予他们审理权限,同时也真实地加于监督管理,力求司法公正;二则对我国目前地方性司法设置一个监管性闸门。%China's judicial system does not meet the people's demand of democratic rights in the econom- ic and social development; its judicial capability does not meet the people's growing needs of social justice; and what worse is, the increasing judicial corruption has become more prominent. Unjust judicial judgment not only deviates from the citizen's fundamental interests, but also causes the distrust of its social members to the law and courts, so that the social stability has been extremely destroyed. Local judicature and judi- cial supervision is the cause of corruption in the judicial system factors. To solve the problem, judicial Complaints Commission should be established in the province, autonomous region, municipality directly under the central government; and the People's Congress accept the party's complaints of the final judg- ment. These measures may insure the rightness of people's Congress in the appointment of court person- nel, in the clear warning of them the permission of law truly granted them in the trial, and in the actual su- pervision of them so as to guarantee the justice of law in practice.

  20. Administering the Hybrid Department: A National Survey of Combined Communications/Theatre Arts Departments.

    Science.gov (United States)

    Halperin-Royer, Ellen

    1998-01-01

    Studies characteristics of hybrid speech/theater departments that describe themselves as highly cooperative and collegial. Presents perceived advantages and disadvantages of having a combined speech/theater department and results of questions pertaining to administrative difficulties in combined departments. Discusses alternative theories about…

  1. Centralized administrative services management.

    Science.gov (United States)

    Freed, D H

    1994-06-01

    Virtually every hospital has imposed guidelines or controls on one or more administrative service expenses. However, the actual deployment of such strategies is often voluntary, decentralized, disjointed and episodic. An alternative approach is to cluster administrative elements across hospital departments and make them the responsibility of a dedicated manager. This approach treats administrative services as an organizing principle with uniform, predictable standards of service and cost. Customer requirements for products and services are met without the need for them to physically manage that process. Materiel managers can demonstrate a leadership role by applying their professionalism and know-how to a set of products and services traditionally ignored or dealt with in an uncoordinated manner. While some initial resistance can be expected as traditional barriers are disassembled, the results should be very rewarding for the hospital and materiel manager alike.

  2. Independencia judicial. El caso de la Corte Suprema de Justicia Colombiana

    Directory of Open Access Journals (Sweden)

    Carolina Guevara

    2011-01-01

    Full Text Available Este articulo muestra la importancia que la tradición jurídica y la organización de un sistema judicial; reclutamiento, garantías de inmovilidad, presupuesto y prescripciones salariales, pueden tener en la mayor o menor independencia del judicial. Del mismo modo, presenta cómo los estudios que sobre independencia judicial han sido realizados en Colombia han privilegiado a la Corte Constitucional y en menor medida a la Corte Suprema de Justicia. Finalmente el estudio concluye que pese a toda una serie de garantías normativas que buscan preservar la independencia de los jueces en Colombia, ésta es muy variable, y depende en últimas de la voluntad del Ejecutivo.

  3. Justice, Professionalism and Politics in the Exercise of Judicial Review by Brazil’s Supreme Court

    Directory of Open Access Journals (Sweden)

    Fabiana Luci Oliveira

    2008-12-01

    Full Text Available This study analyses interactions between Law, professionalism and politics. The primary intent is to understand the judicial behaviour of Brazil’s Supreme Court in the development and consolidation of democracy, by analysing how its justices voted in decisions regarding the constitutionality of laws (judicial review in the 1988-2003 period and investigating factors that influenced the Court’s decisions. These decisions are analysed both quantitatively and qualitatively in search of: a voting differences corresponding to the career of each member of the Court; b justices’ attitudes as either Constitution interpreters or reproducers of legal texts; and c the rapporteur’s profile, as well as the profiles of the justices that voted with him/her. I conclude that although political factors do shape the decision-making process of Brazil’s Supreme Court to some extent, professionalism plays a central role in determining its judicial behaviour.

  4. Derechos sociales y activismo judicial: la dimensión fáctica del activismo judicial en derechos sociales en Colombia

    Directory of Open Access Journals (Sweden)

    Maria Paula Saffon

    2011-06-01

    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 progresista1 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.

  5. Derechos sociales y activismo judicial: la dimensión fáctica del activismo judicial en derechos sociales en Colombia

    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.

  6. On Legitimacy of Judicial Review%司法审查具有正当性

    Institute of Scientific and Technical Information of China (English)

    刘凤琪

    2015-01-01

    对司法审查正当性的探讨,学者们大多是从“民主的不信任”出发的。阅读了相关资料后,可以发现,当我们正积极呼吁建立这一制度时,在其发源地美国,学者更多的却是对它的怀疑与审视。而通过了解美国学者们对司法审查正当性的争论,梳理其司法审查的渊源及发展历程,明确美国法院在不同时期的司法审查态度与政策。可以肯定的是:尽管有许多学者怀疑司法审查的正当性并且提出深刻的理论批评,但司法审查的正当性毫无疑问。%As to study on the legitimacy of judicial review, most scholars tend to distrust the democracy. After reading the related information we can found that, when we are actively called for the establishment of the system, in the originated country, the United States, scholars show more doubts and examination on it. And by understanding the American scholars arguing over the legitimacy of judicial review, combing its judicial review of the origin and development course, we can make sense of the court’s attitude and policy for judicial review. It can be sure that, although there are many scholars doubt the legitimacy of judicial review and deep theoretical criticism, there is no doubt the legitimacy of judicial review.

  7. A Desconstrução Semântica da Supremacia Judicial e a Necessária Afirmação do Judicial Review: uma análise a partir da democracia deliberativa de Habermas e Nino / The Semantic Descontruction of Judicial Supremacy and the Required Affirmation of Judicial Review: an analysis from the deliberative democracy of Habermas and Nino

    Directory of Open Access Journals (Sweden)

    Gabriel Lima Marques

    2013-07-01

    Full Text Available A supremacia judicial pode ser caracterizada como a doutrina que fundamenta a possibilidade da suprema corte dizer, de acordo com a sua visão do texto constitucional, o que a lei é de forma conclusiva. Este trabalho parte do pressuposto de que a teoria da democracia deliberativa, ao postular um modelo de sociedade descentralizado e construído intersubjetivamente por meio de uma discussão aberta entre os distintos atores político-sociais, pode também ser utilizada como uma tese crítica à supremacia judicial. Assim, utilizando-se dos estudos de Gargarella, o presente artigo buscará, com base na visão de democracia deliberativa do autor, demonstrar que a supremacia judicial é prejudicial à democracia, na medida em que retira dos cidadãos a decisão final dos temas sociais mais importantes e os transfere para um poder político supremo.The judicial supremacy can be characterized as the doctrine that underlies the possibility of the supreme court to say, according with its vision of the constitutional text, what the law is conclusively. This paper assumes that the theory of deliberative democracy, by to postulating a decentralized model of society, constructed intersubjectively through an open discussion among the various political and social actors, can also be used as a critical theory to judicial supremacy. Thus, using the Gargarella studies this article will look, based on his vision of deliberative democracy to demonstrate that judicial supremacy is harmful to democracy, because the it removes citizens from the final decision of most important social issues, and transfers them to a supreme political power.

  8. The Party Members’ Court: judicial control over intraparty disputes in Mexico El Tribunal de los Militantes: el control judicial de los conflictos intrapartidistas en México

    Directory of Open Access Journals (Sweden)

    Javier MARTÍN REYES

    2013-02-01

    Full Text Available Between 1997 and 2003, in a series of relevant cases, the Electoral Court of the Federal Judicial Branch (ECFJB increased its capacity to adjudicate intraparty disputes. This paper explains how the ECFJB, without a supporting legislation, was able to establish a direct and far reaching control over intraparty disputes such as the election of party leaders, the selection of candidates, or the punishment of party members. Following a strategic behavior approach, I will provide empirical evidence to prove that there was a negative correlation between the level of judicial control over the parties’ internal life, on the one hand, and the vulnerability of the ECFJB from the legislature and party leaders, on the other.Entre 1997 y 2003, el Tribunal Electoral del Poder Judicial de la Federación (TEPJF emitió diversos criterios jurisprudenciales mediante los cuales incrementó su capacidad para conocer de conflictos generados al interior de los partidos políticos. Este artículo explica cómo el TEPJF, sin una legislación que le diera facultades para ello, pudo establecer un control directo y de largo alcance para resolver litigios relacionados con la elección de dirigentes partidistas, la selección de candidatos o la imposición de sanciones a militantes. Siguiendo un enfoque de comportamiento estratégico, se aportará evidencia empírica para probar la existencia de una correlación negativa entre el nivel del control judicial ejercido sobre la vida interna de los partidos, por una parte, y la vulnerabilidad del TEPJF frente al Poder Legislativo y las dirigencias partidistas, por la otra.

  9. 20 CFR 617.60 - Administration requirements. [Reserved

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Administration requirements. 617.60 Section 617.60 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR TRADE... § 617.60 Administration requirements....

  10. PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR AND JUDICIAL REVIEW OF PRELIMINARY INVESTIGATION

    Directory of Open Access Journals (Sweden)

    Betsukhov A. Z.

    2014-11-01

    Full Text Available Judicial review is a necessary and sufficient guarantee of the rights and legitimate interests of participants in criminal proceedings. The only judicial control over the investigation of crimes will expand unreasonably narrowed the boundaries of procedural autonomy and independence of the investigator, will enhance the efficiency, agility pre-trial proceedings. These and other problems were considered by the author from the perspective of theory and practice, as well as in the aggregate of rules of the code of criminal procedure regulating the activities of the investigator

  11. Chastity and Sexual Honesty of Young Women from the Judicial Perspective

    Directory of Open Access Journals (Sweden)

    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.

  12. Haciendo memoria de la defensa judicial de la constitución

    OpenAIRE

    Botero Bernal, Andrés

    2013-01-01

    En el presente texto se hace un análisis del concepto de “defensa judicial de la constitución”, para mostrar cómo, la historia constitucional es mucho más compleja de lo que algunos hitos fundacionales de la literatura especializada – Kelsen o Marbury vs. Madison- parecen querer mostrar. Aquí se señalan otros fenómenos jurídicos que igualmente contribuyeron a la formación del control judicial de la constitución.

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

    DEFF Research Database (Denmark)

    Mayoral, Juan A.

    2016-01-01

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

  14. ATIVISMO JUDICIAL, EFETIVIDADE DOS DIREITOS SOCIAIS E DESENVOLVIMENTO DA DEMOCRACIA NO BRASIL

    Directory of Open Access Journals (Sweden)

    Sérgio Cabral dos Reis

    2012-08-01

    Full Text Available RESUMOTrata-se de artigo que pretende enfatizar as balizas do paradigma do Estado Democrático de Direito, principalmente quanto ao vínculo entre o princípio da solidariedade, a eficácia dos direitos sociais e o desenvolvimento da democracia no Brasil, país que, sabidamente, apesar de figurar entre as grandes economias do mundo, padece de forte quadro de exclusão social. Em decorrência desse fato, bem como do déficit de representatividade popular e descompromisso constitucional por parte dos Poderes Legislativo e Executivo, evidencia-se a atuação do Judiciário quanto à realização de políticas públicas que, na prática, concretizem os direitos humanos previstos na Constituição e nos Tratados Internacionais, rompendo, desse modo, com as discussões abstratas inerentes ao positivismo jurídico.Palavras- chave: Ativismo judicial; Direito sociais; Democracia. JUDICIAL ACTIVISM, EFFECTIVENESS OF SOCIAL RIGHT AND DEVELOPMENT OF DEMOCRACY IN BRAZIL ABSTRACTThe present article intends to emphasize the paradigmatic framewoks of the Democratic State of Law, especially regarding the relations between the Solidarity Principle, social rights effectiveness and democracy development in Brazil, a country which, despite its economical world status, suffers from dramatic social exclusion. Consequently, as well as because of lacking popular representativeness and Constitutional commitment from the Legislative and the Executive Powers, the Judicial Power’s performance draws attention to its public policies realization, which lead to Constitutional and International Treaty based human rights concretization and, therefore, disrupts juridic positivism inherent abstract discussions.Keywords: Judicial activism; Social law; Democracy. SUMÁRIO1. Introdução; 2. Do Estado Liberal ao Estado Democrático de Direito; 3. O princípio da solidariedade, a eficácia dos direitos sociais e a questão da legitimidade do Estado Democrático de Direito; 4. Crise

  15. Database Administrator

    Science.gov (United States)

    Moore, Pam

    2010-01-01

    The Internet and electronic commerce (e-commerce) generate lots of data. Data must be stored, organized, and managed. Database administrators, or DBAs, work with database software to find ways to do this. They identify user needs, set up computer databases, and test systems. They ensure that systems perform as they should and add people to the…

  16. Database Administrator

    Science.gov (United States)

    Moore, Pam

    2010-01-01

    The Internet and electronic commerce (e-commerce) generate lots of data. Data must be stored, organized, and managed. Database administrators, or DBAs, work with database software to find ways to do this. They identify user needs, set up computer databases, and test systems. They ensure that systems perform as they should and add people to the…

  17. 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.

  18. Cheap computer aids for medical photography departments.

    Science.gov (United States)

    Jankowski, R A

    1989-01-01

    Most departments now use computers to assist in administration. Choice of hardware and software is very much dependent upon the complexity of the tasks and also on the amount of money available to purchase such equipment. This paper gives an insight into how a low cost computer system is successfully introduced into a department and is proving good value for money.

  19. 7 CFR 760.1200 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 760.1200 Section 760.1200 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE SPECIAL PROGRAMS INDEMNITY PAYMENT PROGRAMS 2005-2007 Catfish Grant Program § 760.1200 Administration....

  20. 7 CFR 783.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 783.2 Section 783.2 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE SPECIAL PROGRAMS TREE ASSISTANCE PROGRAM § 783.2 Administration. (a) The program will be...

  1. 7 CFR 786.101 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 786.101 Section 786.101 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE SPECIAL PROGRAMS DAIRY DISASTER ASSISTANCE PAYMENT PROGRAM (DDAP-III) § 786.101 Administration. (a)...

  2. 7 CFR 782.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 782.3 Section 782.3 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE SPECIAL PROGRAMS END-USE CERTIFICATE PROGRAM General § 782.3 Administration. The end-use...

  3. 7 CFR 760.801 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 760.801 Section 760.801 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE SPECIAL PROGRAMS INDEMNITY PAYMENT PROGRAMS 2005-2007 Crop Disaster Program § 760.801 Administration....

  4. 7 CFR 784.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 784.2 Section 784.2 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE SPECIAL PROGRAMS 2004 EWE LAMB REPLACEMENT AND RETENTION PAYMENT PROGRAM § 784.2 Administration. (a)...

  5. 7 CFR 760.1101 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 760.1101 Section 760.1101 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE SPECIAL PROGRAMS INDEMNITY PAYMENT PROGRAMS 2005-2007 Livestock Compensation Program § 760.1101 Administration. (a) This program is...

  6. 7 CFR 625.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 6 2010-01-01 2010-01-01 false Administration. 625.3 Section 625.3 Agriculture Regulations of the Department of Agriculture (Continued) NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE WATER RESOURCES HEALTHY FORESTS RESERVE PROGRAM § 625.3 Administration. (a) The regulations...

  7. 7 CFR 1400.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1400.2 Section 1400.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... SUBSEQUENT CROP, PROGRAM, OR FISCAL YEARS General Provisions § 1400.2 Administration. (a) The regulations...

  8. 7 CFR 1580.501 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1580.501 Section 1580.501 Agriculture Regulations of the Department of Agriculture (Continued) FOREIGN AGRICULTURAL SERVICE, DEPARTMENT OF AGRICULTURE TRADE ADJUSTMENT ASSISTANCE FOR FARMERS § 1580.501 Administration. (a) The application...

  9. 7 CFR 1421.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1421.2 Section 1421.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS FOR 2008 THROUGH 2012 General § 1421.2 Administration. (a)...

  10. 7 CFR 1430.301 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1430.301 Section 1430.301 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Program § 1430.301 Administration. (a) The 2004 Dairy Disaster Assistance Payment Program shall...

  11. 7 CFR 252.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 252.3 Section 252.3 Agriculture Regulations of the Department of Agriculture (Continued) FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE... Administration. (a) Role of FNS. The Secretary will designate those commodities which will be available under...

  12. 7 CFR 1410.1 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1410.1 Section 1410.1 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE LOANS, PURCHASES, AND OTHER OPERATIONS CONSERVATION RESERVE PROGRAM § 1410.1 Administration....

  13. 7 CFR 701.1 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 701.1 Section 701.1 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE... ADMINISTERED UNDER THIS PART § 701.1 Administration. (a) Subject to the availability of funds, this...

  14. 7 CFR 1466.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1466.2 Section 1466.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... § 1466.2 Administration. (a) The funds, facilities, and authorities of the Commodity Credit...

  15. 7 CFR 1430.601 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1430.601 Section 1430.601 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Program II (DDAP-II) § 1430.601 Administration. (a) DDAP-II shall be administered under the...

  16. 7 CFR 735.400 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 735.400 Section 735.400 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE... Administration. This subpart sets forth the regulations under which DACO may authorize one or more...

  17. 7 CFR 735.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 735.2 Section 735.2 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE... Administration. (a) FSA will administer all provisions and activities regulated under the Act under the...

  18. 7 CFR 1430.501 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1430.501 Section 1430.501 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF....501 Administration. (a) The provisions of §§ 1430.351, 1430.352, 1430.354, 1430.355, and...

  19. 7 CFR 1412.71 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1412.71 Section 1412.71 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF...) Program § 1412.71 Administration. (a) All of the provisions of this part apply to this subpart. To...

  20. 7 CFR 1463.101 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1463.101 Section 1463.101 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Payment Program § 1463.101 Administration. (a) The program will be administered under the...

  1. 7 CFR 1491.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1491.2 Section 1491.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... § 1491.2 Administration. (a) The regulations in this part shall be administered under the...

  2. 7 CFR 1421.301 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1421.301 Section 1421.301 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... 2012 Crop of Wheat, Barley, Oats, and Triticale § 1421.301 Administration. (a) This subpart shall...

  3. 7 CFR 1436.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1436.2 Section 1436.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Administration. (a) The Farm Storage Facility Loan Program will be administered under the general supervision...

  4. 7 CFR 1463.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1463.2 Section 1463.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Assessments § 1463.2 Administration. The provisions of this subpart will be administered under the...

  5. 7 CFR 1434.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1434.2 Section 1434.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... FOR HONEY § 1434.2 Administration. (a) The regulations of this part shall be administered under...

  6. 7 CFR 1423.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1423.2 Section 1423.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Administration. On behalf of CCC, the Farm Service Agency (FSA) will administer this part under the...

  7. 7 CFR 1468.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1468.2 Section 1468.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Administration. (a) CFO is carried out using Commodity Credit Corporation funds and will be administered...

  8. 7 CFR 1430.201 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1430.201 Section 1430.201 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Administration. (a) This program is administered under the general supervision of the Executive Vice...

  9. 7 CFR 1470.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1470.2 Section 1470.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF....2 Administration. (a) The regulations in this part will be administered under the...

  10. 7 CFR 636.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 6 2010-01-01 2010-01-01 false Administration. 636.2 Section 636.2 Agriculture Regulations of the Department of Agriculture (Continued) NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE LONG TERM CONTRACTING WILDLIFE HABITAT INCENTIVES PROGRAM § 636.2 Administration. (a)...

  11. 7 CFR 1424.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1424.2 Section 1424.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE LOANS, PURCHASES, AND OTHER OPERATIONS BIOENERGY PROGRAM § 1424.2 Administration. This part...

  12. 7 CFR 1469.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1469.2 Section 1469.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Administration. (a) The regulations in this part will be administered under the general supervision and...

  13. 7 CFR 1437.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1437.2 Section 1437.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... Provisions § 1437.2 Administration. (a) NAP is administered under the general supervision of the...

  14. 7 CFR 760.1 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Administration. 760.1 Section 760.1 Agriculture Regulations of the Department of Agriculture (Continued) FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE... Administration. This indemnity payment program will be carried out by FSA under the direction and supervision...

  15. 32 CFR 631.10 - Administration.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Administration. 631.10 Section 631.10 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL... Disciplinary Control Boards § 631.10 Administration. (a) Commanders are authorized to acquire, report,...

  16. 7 CFR 1427.2 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Administration. 1427.2 Section 1427.2 Agriculture Regulations of the Department of Agriculture (Continued) COMMODITY CREDIT CORPORATION, DEPARTMENT OF... § 1427.2 Administration. (a) The marketing assistance loan and loan deficiency payment programs shall...

  17. 7 CFR 3431.20 - Administration.

    Science.gov (United States)

    2010-01-01

    ... Regulations of the Department of Agriculture (Continued) COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION SERVICE, DEPARTMENT OF AGRICULTURE VETERINARY MEDICINE LOAN REPAYMENT PROGRAM Administration of the Veterinary Medicine Loan Repayment Program § 3431.20 Administration. The VMLRP will be administered by CSREES...

  18. 41 CFR 102-41.35 - Do we report to GSA all seized personal property subject to judicial forfeiture as well as...

    Science.gov (United States)

    2010-07-01

    ... of war seized by the Department of Commerce and transferred to the Department of Defense (DOD... undeliverable mail in the custody of the United States Postal Service. (f) Articles in the custody of the.... (k) Controlled substances reportable to the Drug Enforcement Administration, Department of Justice...

  19. 75 FR 44163 - Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative...

    Science.gov (United States)

    2010-07-28

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF COMMERCE... Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Proposed Rule; Request...

  20. United States Department of Energy Budget Highlights FY 1994

    Energy Technology Data Exchange (ETDEWEB)

    O`Leary, H.R.

    1993-04-01

    The President`s Fiscal Year 1994 budget request for the Department of Energy reflects the Administration`s goal of redressing the balance between the Nation`s energy and economic requirements and protection of the environment. The Department plans to undertake a careful restructuring of its national defense responsibilities, in line with post Cold War exigencies; contribute to the Administration`s deficit reduction objectives; and fulfill the President`s commitment to invest in science and technology development and transfer.

  1. 41 CFR 102-74.345 - Does the smoking policy in this part apply to the judicial branch?

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Does the smoking policy... REGULATION REAL PROPERTY 74-FACILITY MANAGEMENT Facility Management Smoking § 102-74.345 Does the smoking policy in this part apply to the judicial branch? This smoking policy applies to the judicial branch...

  2. 29 CFR 500.231 - Appearances; representation of the Department of Labor.

    Science.gov (United States)

    2010-07-01

    ... OF LABOR REGULATIONS MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION Administrative Proceedings Procedures Before Administrative Law Judge § 500.231 Appearances; representation of the Department of...

  3. Judicial Restraints on the Press. Freedom of Information Foundation Series No. 2.

    Science.gov (United States)

    Gillmor, Donald M.

    The purpose of this paper is to examine the current status of freedom of the press with regard to past and present judicial rulings. A section devoted to "The Background of Prior Restraint" examines the historical basis for current legal decisions. In "Threatening Progeny," court decisions unfriendly to the press such as the Reardon Report, the…

  4. Soft law in EU Competition Law and its judicial reception in member states : A theoretical perspective

    NARCIS (Netherlands)

    Georgieva, Z.R.

    2015-01-01

    This work draws from accounts on the nature and legal effects of soft law instruments in EU and international law with the ultimate aim to construct a theoretical framework for recognition of EU competition soft law—guidelines, communications, notices, and the like—in the judicial discourse of

  5. La decisión judicial en el proceso laboral: Génesis, particularidades y mitos

    Directory of Open Access Journals (Sweden)

    Luis Meliante Garcé

    2014-07-01

    Full Text Available El presente trabajo fue presentado originalmente, -salvo escasas modificaciones en su contenido y correcciones de sintaxis.- como una ponencia en las "Jornadas de Derecho Laboral y Filosofía del Derecho", celebradas en la Regional Norte, Salto. en el mes de h1ayo del año 2003. A mijuicio, la vigencia y el interés del tema propuesto por los organizadores del evento, así como la circunstancia de encontrarme convencido de que la pertinencia de la opinión vertida constituye un punto de partida válido para una posible reflexión de mayor altura, justificarían aquí, su divulgación.Contenido: Introducción. Las posibilidades de la dialéctica como base de la decisión judicial. La concepción del moderno realismo aristotélico en la versión contemporánea del jusnaturalismo romanista-historicista. La decisión judicial en el ámbito del realismo contemporáneo. Naturaleza y caracteres. El razonamiento judicial. El derecho laboral y la decisión judicial. Las cosas por su nombre

  6. Access the Unified Health System actions and services from the perspective of judicialization1

    Science.gov (United States)

    Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corrêa; Spindola, Thelma; Nogueira, Virginia Paiva Figueiredo

    2016-01-01

    Objective: 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. Method: 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. Results: 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. Conclusion: 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. PMID:27143542

  7. Decision or norm: Judicial discretion as a treat to the rule of law

    Directory of Open Access Journals (Sweden)

    Avramović Dragutin

    2012-01-01

    Full Text Available Principle of legality and legal certainty, as key notions even of the thinnest concept of rule of law, are largely endangered in our times by widening of judicial discretion range. That trend is more and more at hand in European states as well, due to convergence of common law and civil law legal systems. Judicial decision acquires higher and higher factual importance in European legal systems, although it is generally not considered as a source of law. After analysis of standings by leading scholars of legal realism theory, the author admits that a very high level of tension frequently exists between judicial decision and legal norm. Within that conflict often and relatively easy decision succeeds to tear off by the strict letter of the law. In application of general legal rules upon concrete case, by creative adjustment of the law to life, due to necessary general and abstract character of legal norms, judge becomes more creator of law, rather than the one who applies it. The author points to danger of subjective and prejudiced attitudes of the judges, as they, due to their wide discretion, make a decision more upon their own feeling of justice, rather than upon law itself. In that way the law transforms itself in judicial decision based upon subjective understanding of justice and fairness.

  8. Fiscal Justice and Judicial Sovereignty: Plotting the Logic of a Slippery Slope.

    Science.gov (United States)

    Strike, Kenneth A.

    1984-01-01

    This article takes a philosophical look at judicial concepts of fiscal equality as they apply to education. Ideas discussed include (1) the concept of basic education and how equal education applies; (2) differences in requirements of equality; and (3) educational outcomes used to judge equality. Comments by Stephen Arons are included. (DF)

  9. Access the Unified Health System actions and services from the perspective of judicialization

    Directory of Open Access Journals (Sweden)

    Raquel de Souza Ramos

    Full Text Available Objective: 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. Method: 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. Results: 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. Conclusion: 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.

  10. Influence of Child and Family Factors on Judicial Decisions in Contested Custody Cases.

    Science.gov (United States)

    Wallace, Sara R.; Koerner, Susan Silverberg

    2003-01-01

    Explores how child and family factors influence judicial decision making in contested custody cases through interviews with 18 family court judges. Judges cited a variety of factors as being influential, including the child's age and developmental status, the child's wishes regarding the custody arrangement, the child's stability, parental…

  11. Antonin Scalia’s Textualism in philosophy, theology, and judicial interpretation of the Constitution

    NARCIS (Netherlands)

    Philipse, Herman

    2007-01-01

    Textualism or Originalism, as defended by Justice Antonin Scalia of the U.S. Supreme Court, is a normative doctrine of method according to which the judicial interpretation of statutes and of the Constitution should aim at establishing the original meaning of the text. Textualism in the strict sense

  12. Antonin Scalia’s Textualism in philosophy, theology, and judicial interpretation of the Constitution

    Directory of Open Access Journals (Sweden)

    Herman Philipse

    2007-12-01

    Full Text Available Textualism or Originalism, as defended by Justice Antonin Scalia of the U.S. Supreme Court, is a normative doctrine of method according to which the judicial interpretation of statutes and of the Constitution should aim at establishing the original meaning of the text. Textualism in the strict sense is unpopular not only among most judges but also among philosophers and theologians. In philosophy, Textualism was denounced as hopelessly naive by authors such as Martin Heidegger, Hans-Georg Gadamer, and their American followers. In theology, Textualism is not a viable option for believers who want both to accept as true the text of their holy book and to endorse the results of modern science and historical scholarship. I argue that Textualism is the only valid methodology of interpretation both in philosophy and in theology. For the judicial interpretation and application of statutes and constitutions, however, Textualism cannot be more than one methodological topos among many. We also have to accept other topoi, such as the topos that the system of statutes and treatises should form a consistent whole, and these other topoi cannot be considered as part and parcel of Textualism in the strict sense. It follows that the difference between a tenable sophisticated version of Textualism as a methodology of judicial interpretation and the so-called doctrine of the Living Constitution is one of degree and emphasis only. Justice Scalia’s simple version of Textualism is a political ideology rather than a valid methodology of judicial interpretation.

  13. Constitutional and Judicial Language Protection in Multilingual States: A Brief Overview of South Africa and Belgium

    NARCIS (Netherlands)

    I. Bambust (Isabelle); A. Kruger (Albert); T. Kruger (Thalia)

    2013-01-01

    markdownabstract__Abstract__ The purpose of this contribution is to provide a very modest comparison of judicial language protection in South Africa and in Belgium. First of all, the authors sketch briefly the historical context and the constitutional status of languages in both countries. It is di

  14. Education, Social Science, and the Judicial Process. Policy Analysis and Education Series.

    Science.gov (United States)

    Rist, Ray C., Ed.; Anson, Ronald J., Ed.

    As courts at the local, state, and federal levels take an increasingly large role in formulating educational policy, serious questions arise about the use of social science data in judicial decision-making. The seven papers in this book were first presented at a symposium focusing on an exploration of the manner in which the definitions of…

  15. Judicious Use of Journal Impact Factors and the Preservation of Our Fields of Study

    Science.gov (United States)

    Cardinal, Bradley J.

    2013-01-01

    This article comments on the judicious use of journal impact factors. It aims to preserve our fields of study within the context of increased scholarly scrutiny and the hierarchical structures inherent in academia. It concludes by recommending actions for "JOPERD," other journals in the field, and the producers and evaluators of…

  16. RITUALITY AS A WAY OF ACTUALIZING THE CATEGORY OF OTHERNESS WITHIN THE JUDICIAL DISCOURSE

    Directory of Open Access Journals (Sweden)

    Bogomazova Viktoriya Vladimirovna

    2014-09-01

    Full Text Available The article deals with the rituality as one of the ways of actualizing the category of otherness within the judicial discourse, in general, and the court session, in particular. The author analyzes the relevant features of rituality in the judicial discourse, reveals the categorical connection between the rituality and otherness, the speech means which actualize their interaction. The author gives examples illustrating the actualization of the concept by means of rituality in the texts of court sessions' records. In addition, the author identifies the main communicative strategies and tactics used by the participants of judicial discourse. They serve as a means of expressing the analyzed categories. It is shown that a convict often uses the communicative strategy of self-defense, a defender and/or lawyer – the communicative strategy of defense or psychological impact, the prosecutor often appeals to the strategy of accusation and psychological impact. The author makes conclusion that the ritual character of judicial communication as a whole contributes to the distinction of discourse participants according to the features of "friend" and "enemy" thus actualizing the category of otherness.

  17. 7 CFR 1205.11 - Administrator.

    Science.gov (United States)

    2010-01-01

    ... Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS... Procedures for Conduct of Sign-up Period Definitions § 1205.11 Administrator. The term Administrator means the Administrator of the Agricultural Marketing Service, or any officer or employee of USDA to...

  18. 42 CFR 403.512 - Administration.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Administration. 403.512 Section 403.512 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL... Administration. (a) General. Administration of grants will be in accordance with the provisions of this...

  19. 7 CFR 249.3 - Administration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Administration. 249.3 Section 249.3 Agriculture... CHILD NUTRITION PROGRAMS SENIOR FARMERS' MARKET NUTRITION PROGRAM (SFMNP) General § 249.3 Administration. (a) Delegation to FNS. Within FNS, FNS shall act on behalf of the Department in the administration...

  20. 50 CFR 401.1 - Administration.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Administration. 401.1 Section 401.1... INTERIOR AND NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT..., DEVELOPMENT AND ENHANCEMENT § 401.1 Administration. The Director of the U.S. Fish and Wildlife Service and...