WorldWideScience

Sample records for judicial waiver hearings

  1. 16 CFR 1502.11 - Judicial review after waiver of hearing on a regulation.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Judicial review after waiver of hearing on a regulation. 1502.11 Section 1502.11 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS... petition for judicial review in a U.S. court of appeals under the appropriate statute. (1) The record for...

  2. 18 CFR 385.801 - Waiver of hearing (Rule 801).

    Science.gov (United States)

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Waiver of hearing (Rule 801). 385.801 Section 385.801 Conservation of Power and Water Resources FEDERAL ENERGY REGULATORY....801 Waiver of hearing (Rule 801). In any proceeding in which the Commission is authorized to act after...

  3. 42 CFR 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Waiver of hearing, reduction... Civil money penalties: Waiver of hearing, reduction of penalty amount. (a) Waiver of a hearing. The... the civil money penalty. (b) Reduction of penalty amount. (1) If the facility waives its right to a...

  4. 76 FR 52349 - Hearings of the Judicial Conference Advisory Committees on Rules of Appellate, Bankruptcy, Civil...

    Science.gov (United States)

    2011-08-22

    ... following: by mail to Peter G. McCabe, Secretary, Committee on Rules of Practice and Procedure of the... 20544; by electronic mail to [email protected] >; or by facsimile to Peter G. McCabe at... writing at least 30 days before the hearing. FOR FURTHER INFORMATION CONTACT: Peter G. McCabe, Secretary...

  5. 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 order...

  6. 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 judicial...

  7. 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 the...

  8. 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 1876(c...

  9. 28 CFR 43.3 - Settlement and waiver of claims.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Settlement and waiver of claims. 43.3 Section 43.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES § 43.3 Settlement and waiver of claims. (a) The...

  10. 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

  11. Judicialization of Health in Pernambuco After Public Hearing No. 4 the Federal Supreme Court: An Analysis of Quantitative Judiciary of Acting in Law Warranty Social Health

    Directory of Open Access Journals (Sweden)

    Lívia Dias Barros

    2016-12-01

    Full Text Available Recognizing the importance of the judiciary as a tool to the effectiveness of social rights, including human rights, especially the right to health, this study aimed to present a study of the health legalization process in the state of Pernambuco relating to the direct effects and indirect Public Hearing paragraph 4 of the Supreme Court, between the years 2009-2014, using the measurement from the likelihood the analysis of judgments, obtaining approximate results and not an absolute truth, allowing you to see a trend about supply of medicine through the courts.

  12. Salience Theory of Judicial Decisions

    OpenAIRE

    Pedro Bordalo; Nicola Gennaioli; Andrei Shleifer

    2015-01-01

    We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge’s attention. By focusing judicial attention on such salient aspects of the case, legally irrelevant information can affect judicial decisions. Our model accounts for a range of recent experimental evidence that bears on the psychology of judicial decisions...

  13. Matching Judicial Supervision to Clients’ Risk Status in Drug Court

    Science.gov (United States)

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

    2007-01-01

    This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status hearings in court. In contrast, participants who were low risk performed equivalently regardless of the court hearings schedule. This study prospectively matches drug court clients to the optimal schedule of court hearings based on an assessment of their risk status and compares outcomes to clients randomly assigned to the standard hearings schedule. Results confirmed that participants who were high risk and matched to biweekly hearings had better during-treatment outcomes than participants assigned to status hearings as usual. These findings provide confirmation of the risk principle in drug courts and yield practical information for enhancing the efficacy and cost-efficiency of drug courts. PMID:18174915

  14. 12 CFR 263.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Stays pending judicial review. 263.41 Section... SYSTEM RULES OF PRACTICE FOR HEARINGS Uniform Rules of Practice and Procedure § 263.41 Stays pending... the effectiveness of all or any part of its order pending a final decision on a petition for review of...

  15. Hear, Hear!

    Science.gov (United States)

    Rittner-Heir, Robbin

    2000-01-01

    Examines the problem of acoustics in school classrooms; the problems it creates for student learning, particularly for students with hearing problems; and the impediments to achieving acceptable acoustical levels for school classrooms. Acoustic guidelines are explored and some remedies for fixing sound problems are highlighted. (GR)

  16. Terrorist Threats and Judicial Deference

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2014-01-01

    The article analyses the extent to which judicial restraint in cases concerning national security is justified. It is argued that the extent of restraint must depend on the normative issue/aspect which is subject to judicial review.......The article analyses the extent to which judicial restraint in cases concerning national security is justified. It is argued that the extent of restraint must depend on the normative issue/aspect which is subject to judicial review....

  17. 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

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...

  18. 28 CFR 68.56 - Judicial review of a final agency order in cases arising under section 274A or 274C.

    Science.gov (United States)

    2010-07-01

    ... review by the Chief Administrative Hearing Officer of a final order by an Administrative Law Judge shall... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of a final agency order... OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE...

  19. 12 CFR 908.67 - Stay of final decision and order pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Stay of final decision and order pending... Hearing and Post-hearing Proceedings § 908.67 Stay of final decision and order pending judicial review... the effectiveness of all or any part of an order of the Board of Directors pending a final decision on...

  20. Judicial Review and Political Partisanship

    DEFF Research Database (Denmark)

    Garoupaa, Nuno; Grembi, Veronica

    2015-01-01

    Due to the collapse of the party system during the mid-nineties, Italy represents an interesting case study to test the effects of a transition from a consensual to a majoritarian model of democracy on judicial behavior at the level of the Constitutional Court. Using a dataset of 972 cases...... of substantive judicial review (ricorsi in via principale) from 1985 to 2005, and proposing new measures of political alignment within constitutional review, we analyze the effect of a change in the political party system on judicial behavior. Our results show that political alignment is a stronger predictor...... of judicial decision making under majoritarian than consensual model of democracy....

  1. Judicial Influence on Policy Outputs?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    2015-01-01

    to override unwanted jurisprudence. In this debate, the Court of Justice of the European Union (CJEU) has become famous for its central and occasionally controversial role in European integration. This article examines to what extent and under which conditions judicial decisions influence European Union (EU......) social policy outputs. A taxonomy of judicial influence is constructed, and expectations of institutional and political conditions on judicial influence are presented. The analysis draws on an extensive novel data set and examines judicial influence on EU social policies over time, that is, between 1958...

  2. 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.

  3. 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...

  4. Concerns regarding Direct-to-Consumer Hearing Aid Purchasing

    Science.gov (United States)

    Kimball, Suzanne H.

    2010-01-01

    An individual over age 18 can purchase a hearing aid online or through mail order if they sign a waiver declining a medical evaluation, while those under 18 are required to be seen by a physician to obtain medical consent. However, in many states there is nothing to prevent a parent or caregiver from purchasing hearing aids for their child from a…

  5. 7 CFR 47.15 - Oral hearing before the examiner.

    Science.gov (United States)

    2010-01-01

    ... public interest and would not constitute surprise. (2) The parties shall not be required to exchange... (except as provided in § 47.20(b)(2)) shall be applicable. (b) Request for hearing. Any party may request... time allowed for filing an answer, shall constitute a waiver of such hearing, and any party so failing...

  6. 21 CFR 801.421 - Hearing aid devices; conditions for sale.

    Science.gov (United States)

    2010-04-01

    ...) Waiver to the medical evaluation requirements. If the prospective hearing aid user is 18 years of age or..., or in the predominate method of communication used during the sale; (3) Afford the prospective user...

  7. 39 CFR 958.7 - Hearing location.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Hearing location. 958.7 Section 958.7 Postal Service UNITED STATES POSTAL SERVICE PROCEDURES RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO CIVIL... location. An oral hearing under this part shall be held: (a) In the judicial district of the United States...

  8. 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. ...

  9. 50 CFR 296.15 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Judicial review. 296.15 Section 296.15..., DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any claimant... determination, seek judicial review of the determination in the United States District Court for such judicial...

  10. 44 CFR 62.22 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... of process for all judicial proceedings where a claimant is suing the Administrator of FEMA pursuant... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 62.22... ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a) Upon...

  11. 6 CFR 13.32 - Location of hearing.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Location of hearing. 13.32 Section 13.32 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.32 Location of hearing. (a) The hearing may be held: (1) In any judicial district of the United...

  12. Review of Judicial Reforms in Bhutan

    OpenAIRE

    Dubgyur, Lungten

    2004-01-01

    This essay highlights the anomalies of judicial reforms in Bhutan. It presents a historical perspective of Bhutanese judicial reforms and addresses recent developments. It discusses court performance and experiences and approaches adopted in making the courts efficient. Much of the reform initiatives emanate from the throne. His Majesty the King has always advocated an efficient judicial system for the Kingdom. In obedience to the Royal Commands, the judicial system and judicial process in Bh...

  13. Hearing loss

    Science.gov (United States)

    Decreased hearing; Deafness; Loss of hearing; Conductive hearing loss; Sensorineural hearing loss; Presbycusis ... Symptoms of hearing loss may include: Certain sounds seeming too loud Difficulty following conversations when two or more people are talking ...

  14. About Hearing

    Science.gov (United States)

    ... Info to Go » Hearing-Related » About Hearing About Hearing Each child who is deaf or hard of ... the ear to the brain. Implications: When the hearing mechanism is not functioning Hearing may be impacted ...

  15. SMEs: Trust and judicial system

    Directory of Open Access Journals (Sweden)

    Marilene Lorizio

    2016-06-01

    Full Text Available Italian SMEs share capabilities and routines that permit them to reach high level of competition. But in a global system that is affected by structural deficiencies and negative performance of judicial system, it is very hard to maintain high performances. In this work, starting from the resilience capacity of a group of SMEs of surviving to the crisis, we try to analyse the quality of the expectations of a sample of resilient firms. Our study leads to the hypothesis that the economic crisis is in line with a crisis of confidence in the judicial system. This is all the more serious when considering that this distrust is rooted in those firms located in Southern Italy, where the inefficiency of the judicial system is particularly pronounced.

  16. 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.

  17. Eye on the Judicial Process.

    Science.gov (United States)

    Shea, Christopher

    1994-01-01

    A growing number of college students report that campus judicial systems are more concerned with political correctness than with fairness, or that the systems are unfair regardless of the discipline issue, and complain about the secrecy of proceedings. Shift from a paternalistic discipline policy to a legalistic one is seen. (MSE)

  18. Legislative and Judicial Information Systems.

    Science.gov (United States)

    Becker, Louise Giovane

    1983-01-01

    Reviews computer applications in judicial, legal, and legislative information activities being used to support litigation and court administration, assist in searching for legislation and laws, aid criminal justice information systems, and provide appropriate bibliographic and reference assistance. Management issues in automating systems are…

  19. 77 FR 71099 - Federal Housing Administration (FHA): Temporary Waiver of FHA's Regulation on Property Flipping...

    Science.gov (United States)

    2012-11-29

    ... hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay... considerable profit with an artificially inflated value, often as the result of a lender's collusion with an... waiver only if the mortgagee: a. Justifies the increase in value by retaining in the loan file a second...

  20. 28 CFR 32.37 - Request for Hearing Officer determination.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Request for Hearing Officer determination. 32.37 Section 32.37 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Educational Assistance Benefit Claims § 32.37 Request...

  1. 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 the...

  2. 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 603...

  3. 47 CFR 1.1529 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Judicial review. 1.1529 Section 1.1529 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL PRACTICE AND PROCEDURE Implementation of the Equal... Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C...

  4. 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 contracts...

  5. 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... the determination to the court of the United States having jurisdiction to review the merits of the...

  6. 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. ...

  7. 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 final...

  8. 43 CFR 17.10 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 17.10 Section 17.10... Origin § 17.10 Judicial review. Action taken pursuant to section 602 of the act is subject to judicial review as provided in section 603 of the act. [29 FR 16293, Dec. 4, 1964] ...

  9. 43 CFR 35.42 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 35.42 Section 35.42... CLAIMS AND STATEMENTS § 35.42 Judicial review. Section 3805 of title 31, U.S. Code, authorizes judicial review by an appropriate U.S. District Court of a final decision of the Secretary imposing penalties or...

  10. 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 head...

  11. 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 U...

  12. 43 CFR 27.12 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 27.12 Section 27.12... UNDER TITLE II OF PUBLIC LAW 93-153 § 27.12 Judicial review. Action taken pursuant to this part is subject to judicial review. ...

  13. 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). ...

  14. 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 party...

  15. 45 CFR 1703.601 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person may...

  16. 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 U.S.C...

  17. 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 the...

  18. 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. ...

  19. 20 CFR 405.501 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Judicial review. 405.501 Section 405.501 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.501 Judicial review. You may file an action in a Federal district...

  20. 45 CFR 1203.11 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1203.11 Section 1203.11 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE... Judicial review. Action taken pursuant to section 602 of title VI is subject to judicial review as provided...

  1. 6 CFR 13.42 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Judicial review. 13.42 Section 13.42 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate...

  2. Judicial aspects in risk assessment

    International Nuclear Information System (INIS)

    Lukes, R.

    1977-01-01

    Decisions of administrative authorities concerning the permission to use fissile material contain a prognosis about the probability of damage which may be caused by using this material. The judicial criteria used in order to determine the probability of such a damage occurring can be improved by risk analysis. This will not, of course, reduce administrative decisions to simple 'yes-or-no decisions', but the calculation of probabilities will gain more exactness. (orig.) [de

  3. Kewenangan Judicial Review Mahkamah Konstitusi

    OpenAIRE

    Qamar, Nurul

    2012-01-01

    The Doctrine of Judicial Review as a legal order to perform the reviewand or re-testing of the laws and regulations within the meaning of the WetGrondwet (testing constitutionalism), the constitution or the constitution bythe Constitutional Court even though relatively new in the state system, buthas grown and developed rapidly both in countries of the Common Law Systemas well as adherents of the countries adherents Civil Law System, even in countries adherents Law Mixed System that claims hi...

  4. Regional Courts as Judicial Brakes?

    Directory of Open Access Journals (Sweden)

    Metcalf Katrin Nyman

    2017-12-01

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

  5. 5 CFR 4001.109 - Waivers.

    Science.gov (United States)

    2010-01-01

    ... EMPLOYEES OF THE FARM CREDIT SYSTEM INSURANCE CORPORATION § 4001.109 Waivers. The DAEO may grant a written waiver from any provision of this part based on a determination that the waiver is not inconsistent with... programs are administered. A waiver under this paragraph may impose appropriate conditions, such as...

  6. 5 CFR 4101.109 - Waivers.

    Science.gov (United States)

    2010-01-01

    ... THE FARM CREDIT ADMINISTRATION § 4101.109 Waivers. The DAEO may grant a written waiver from any provision of this part based on a determination that the waiver is not inconsistent with part 2635 of this... administered. A waiver under this paragraph may impose appropriate conditions, such as requiring execution of a...

  7. Judicial autopsy of radiation accidents

    International Nuclear Information System (INIS)

    Kannan, P.M.

    1990-01-01

    This paper discusses issues regarding the judicial autopsy of radiation accidents. In the litigation which follows a radiation accident, a claimant calls on the legal system to adjudicate a dispute. Scientific questions are thrust upon the court. The legal system (through attorneys for the parties) then invites scientists to assist the court in resolving such questions. The invitation, however, does not allow the scientist to bring along his full kit. Experimentation, such as repeating the accident with dosimeters to gather more accurate data, is generally not allowed. Also, the scientist must give up his practice of choosing which questions he will pursue

  8. 28 CFR 2.15 - Petition for consideration of parole prior to date set at hearing.

    Science.gov (United States)

    2010-07-01

    ... prior to date set at hearing. 2.15 Section 2.15 Judicial Administration DEPARTMENT OF JUSTICE PAROLE... hearing. When a prisoner has served the minimum term of imprisonment required by law, the Bureau of... consideration for parole prior to the date set by the Commission at the initial or review hearing. The petition...

  9. FEDERAL PENSIONS: Judicial Survivors Annuities System Costs

    National Research Council Canada - National Science Library

    2002-01-01

    ...) specifying that we review certain aspects of the Judicial Survivors' Annuities System (JSAS), which is one of several survivor benefit plans applicable to particular groups of federal employees...

  10. 9 CFR 202.113 - Rule 13: Written hearing.

    Science.gov (United States)

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Rule 13: Written hearing. 202.113 Section 202.113 Animals and Animal Products GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION... waiver of the right to file such evidence. (g) Extension of time for depositions. If any party timely...

  11. Judicial action and technical risk

    International Nuclear Information System (INIS)

    Buiren, S. van; Ballerstedt, E.; Grimm, D.

    1981-05-01

    In this study it is examined how the judiciary deals with those sections that are crucial for the use of nuclear energy. The authors get down to the pre-dominant problem of the law relating to technical safety. In the process they encounter the central dilemma of modern democracy, i.e. the strained relations which exist between judicial control and democratic responsibility. Since nuclear energy entered the market place, it has been the administrative courts which - in practice - have decided whether and to what extent nuclear energy may be used. On the one hand, this is a result of the fast growth of, and rapid change in, science and technology. On the other hand, it is a result of administrative law standards which have developed in the Federal Republic of Germany after World War II. The former requires the normative structure of the atomic law, the latter postulates how to deal with it. Legal protection against an act of public authority is guaranteed by the Basic Law and usually with some justification considered a splendid achievement of our state which is based on the rule of law. It has lead to developments in the atomic law and in many parts of the law relating to technical safety on which opinions are divided. In a dogmatic manner it has been legally examined to what extent an extensive review competence of the judiciary is a must, and whether there are any possibilities of judicial control of acts of public authorities without having to interfere with the original competence of administrations. (orig./HP) [de

  12. 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 district...

  13. 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 Appeals...

  14. 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 recognize...

  15. 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 review...

  16. 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 (in...

  17. 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 enforcement...

  18. 36 CFR 218.14 - Judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Judicial proceedings. 218.14... ADMINISTRATIVE REVIEW PROCESSES Predecisional Administrative Review Process for Hazardous Fuel Reduction Projects Authorized by the Healthy Forests Restoration Act of 2003 § 218.14 Judicial proceedings. The objection...

  19. 29 CFR 1978.110 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... Labor, shall not be subject to judicial review in any criminal or other civil proceedings (49 U.S.C... law judge, shall be transmitted by the Administrative Review Board, United States Department of Labor... 29 Labor 9 2010-07-01 2010-07-01 false Judicial review. 1978.110 Section 1978.110 Labor...

  20. 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 that...

  1. 37 CFR 204.9 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Judicial review. 204.9 Section 204.9 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE AND PROCEDURES PRIVACY ACT: POLICIES AND PROCEDURES § 204.9 Judicial review. Within two years of the...

  2. 28 CFR 541.63 - Hearing procedure.

    Science.gov (United States)

    2010-07-01

    ... Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT INMATE DISCIPLINE... inmate is entitled to present documentary evidence and to have witnesses appear, provided that calling... to hear a witness or to receive documentary evidence. [54 FR 11323, Mar. 17, 1989, as amended at 63...

  3. Pre-enlistment hearing loss and hearing loss disability among US soldiers and marines

    Directory of Open Access Journals (Sweden)

    Marlene E Gubata

    2013-01-01

    Full Text Available Hearing loss is a common condition among US adults, with some evidence of increasing prevalence in young adults. Noise-induced hearing loss attributable to employment is a significant source of preventable morbidity world-wide. The US military population is largely comprised of young adult males serving in a wide variety of occupations, many in high noise-level conditions, at least episodically. To identify accession and service-related risk factors for hearing-related disability, matched case-control study of US military personnel was conducted. Individuals evaluated for hearing loss disability in the US Army and Marine Corps were frequency matched to controls without history of disability evaluation on service and enlistment year. Conditional logistic regression was used to examine the association between accession and service-related factors and hearing-related disability evaluations between October 2002 and September 2010. Individuals with medically disqualifying audiograms or hearing loss diagnoses at application for military service were 8 and 4 times more likely, respectively, to have a disability evaluation related to hearing loss, after controlling for relevant accession, demographic, and service-related factors. Conservative hearing loss thresholds on pre-enlistment audiograms, stricter hearing loss medical waiver policies or qualified baseline audiograms pre-enlistment are needed in the U.S military. Industrial corporations or labor unions may also benefit from identifying individuals with moderate hearing loss at the time of employment to ensure use of personal protective equipment and engineer controls of noise.

  4. The constitutional court review of judicial decisions

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan M.

    2016-01-01

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

  5. Hearing Screening

    Science.gov (United States)

    Johnson-Curiskis, Nanette

    2012-01-01

    Hearing levels are threatened by modern life--headsets for music, rock concerts, traffic noises, etc. It is crucial we know our hearing levels so that we can draw attention to potential problems. This exercise requires that students receive a hearing screening for their benefit as well as for making the connection of hearing to listening.

  6. 78 FR 49267 - Conflict of Interest Waiver

    Science.gov (United States)

    2013-08-13

    ... FEDERAL COMMUNICATIONS COMMISSION Conflict of Interest Waiver AGENCY: Federal Communications Commission. ACTION: Notice of waiver of section 4(b) of the Communications Act of 1934. SUMMARY: Notice is hereby given that the Commission granted a waiver of the financial relationship prohibition contained in...

  7. 49 CFR 213.317 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... TRANSPORTATION TRACK SAFETY STANDARDS Train Operations at Track Classes 6 and Higher § 213.317 Waivers. (a) Any... railroad safety, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary. Where a waiver is granted, the Administrator publishes a notice containing the reasons for...

  8. 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.

  9. 21 CFR 314.235 - Judicial review.

    Science.gov (United States)

    2010-04-01

    ... USE APPLICATIONS FOR FDA APPROVAL TO MARKET A NEW DRUG Hearing Procedures for New Drugs § 314.235... in which the Commissioner enters an order without a hearing under § 314.200(g), the record certified... approval of a new drug application, whether or not a hearing has been held, in a United States court of...

  10. 28 CFR 68.3 - Service of complaint, notice of hearing, written orders, and decisions.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Service of complaint, notice of hearing, written orders, and decisions. 68.3 Section 68.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED..., registered agent for service of process of a corporate party, or attorney or representative of record of a...

  11. 16 CFR 5.68 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... CONDUCT Disciplinary Actions Concerning Postemployment Conflict of Interest § 5.68 Judicial review. A respondent against whom the Commission has issued an order imposing disciplinary action under this part may...

  12. 10 CFR 207.8 - Judicial actions.

    Science.gov (United States)

    2010-01-01

    ... Coordination Act of 1974 § 207.8 Judicial actions. (a) Enforcement of subpoenas; contempt. Any United States... such an order of the court may be punished by the court as contempt. (b) Injunctions. Whenever it...

  13. Judicial Capacity in a Transforming Legal System

    Directory of Open Access Journals (Sweden)

    Hugh Corder

    2017-12-01

    Full Text Available Given the perennial problem of lack of access to justice; the fact that there was no shortage of superior court judges until 1994; the demands on court process which flow directly from transition to the constitutional democratic system; and the urgent and justified necessity for the demographic transformation of judicial personnel, two challenges to the capacity of the judicial system present themselves in South Africa: Enlarging the number of suitable candidates for judicial appointment to redress the former demographic imbalance; and developing the kind of skills among those appointed as judges to be able to respond with confidence across a wide range of often complex legal issues; and developing a theory of judicial deference which observes the separation of powers and preserves judicial independence. This paper explores these challenges, after setting out the socio-political context, as it impacts directly on their nature and scope, and the prospects of meeting them.Debido al constante problema de la falta de acceso a la justicia, al hecho de que no hubo escasez de jueces de tribunales superiores hasta 1994, las demandas del proceso judicial que surgen directamente de la transición al sistema democrático constitucional, y la necesidad urgente y justificada de la transformación demográfica del personal judicial, el rendimiento judicial en Sudáfrica se encuentra con dos desafíos: Aumentar el número de candidatos aptos al nombramiento judicial para compensar el anterior desequilibrio demográfico y desarrollar en los jueces nombrados aquellas habilidades que les permitan responder con confianza a asuntos jurídicos a menudo complejos; y desarrollar una teoría de deferencia judicial que respete la separación de poderes y preserve la independencia judicial. Este artículo explora estos desafíos tras explicar el contexto sociopolítico, ya que éste afecta directamente a su naturaleza y alcance, y las probabilidades de que se superen

  14. 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.

  15. 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.

  16. From Judicial Activism to Judicial Protagonism: For a Transforming Actuation in the Environmental Subject

    Directory of Open Access Journals (Sweden)

    Iasna Chaves Viana

    2016-12-01

    Full Text Available The judge’s action setting became modern ágora, preferential space of the relevant public deliberations. Today there is an invasion of the public choices’ usual spaces by the legalization of politics, result of Brazil's institutional design. The concepts of judicial activism and judicial protagonism oppose this scenario. At present it must be judicial action protagonist, transforming reality, understood that which is back to lend maximum effect to the Constitutional text. Especially relevant when it comes to environmental issues, given the enormous complexity of today's society. Case studies aim to show the evolution of the Brazilian Judicial understanding in this regard.

  17. Judicial Performance and Experiences of Judicial Work: Findings from Socio-legal Research

    Directory of Open Access Journals (Sweden)

    Sharyn Roach Anleu

    2014-12-01

    Full Text Available Judicial performance evaluation processes and programs tend to imply an abstract, normative model of the proper judge. The focus is on the individual judicial officer, identifying how judges ought to perform their judicial work and assessing any departures from the model. However, there is considerable diversity in judging which abstract models of JPE may not anticipate. Importantly, judicial performance occurs within a context – the practical and natural settings in which every day judicial work is undertaken. This entails time constraints, workload patterns, and dependence on the activities of others, factors over which the judicial officer may have little control, but which in turn may affect his/her behaviour. Often, judicial performance is taken to refer to in-court work only. Judicial work also occurs outside court and outside regular court hours and so may be less visible for judicial performance evaluation. Although there is considerable variety in judicial experiences of judging, JPE only sometimes includes self-perceptions or judges’ own reflections on their work. Social science and socio-legal research, including original empirical data from Australia, investigates judging in various contexts and explores judicial officers’ experiences of their work. Such empirical research can widen understandings of judicial performance and evaluation. Los procesos y programas de evaluación del rendimiento judicial tienden a implicar un modelo normativo abstracto del juez competente. La atención se centra en el funcionario judicial individual, identificando cómo deben realizar su labor los jueces y determinando cualquier desviación respecto al modelo. Sin embargo, a la hora de juzgar, existe una gran diversidad que los modelos abstractos de evaluación del rendimiento judicial no pueden anticipar. Es importante destacar que el desempeño judicial se produce en un contexto – el marco práctico y natural en el que se desarrolla cada d

  18. Hearing Aids

    Science.gov (United States)

    ... primarily useful in improving the hearing and speech comprehension of people who have hearing loss that results ... and you can change the program for different listening environments—from a small, quiet room to a ...

  19. Hear, hear, what, what

    Energy Technology Data Exchange (ETDEWEB)

    1985-02-01

    Noise is now the most serious health hazard in industry. People risk suffering severe damage to their hearing and health generally through exposure to noise levels which exceed the risk limit of 95-90 dB(A). Stress related problems are often directly the result of exposure to noise. Furthermore, noise leads to reduced productivity, increased absenteeism and compensation claims. In a series of eight reports, Bilson technologists detail the specific noise problems commonly encountered in each of the major areas of industry. These range from the concrete and construction industry through sawmilling, wood working, mining and mechanical engineering, to textile and food manufacture. This report discusses the noise in mining, considering drills, load haul dump machines, surface mines, earth moving equipment, treatment plants, frequency spectra of noise, and finally, choice of hearing protection.

  20. Hearing Problems

    Science.gov (United States)

    ... Read MoreDepression in Children and TeensRead MoreBMI Calculator Hearing ProblemsLoss in the ability to hear or discriminate ... This flow chart will help direct you if hearing loss is a problem for you or a ...

  1. Adapting Judicial Supervision to the Risk Level of Drug Offenders: Discharge and 6-month Outcomes from a Prospective Matching Study

    Science.gov (United States)

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

    2007-01-01

    This article reports recent findings from a program of experimental research examining the effects of adapting judicial supervision to the risk level of drug-abusing offenders. Prior studies revealed that high-risk participants with (1) antisocial personality disorder or (2) a history of drug abuse treatment performed significantly better in drug court when they were scheduled to attend frequent, bi-weekly judicial status hearings in court. Low-risk participants performed equivalently regardless of the schedule of court hearings. The current study prospectively matched misdemeanor drug court clients to the optimal schedule of court hearings based upon an assessment of their risk status, and compared outcomes to those of clients randomly assigned to the standard schedule of court hearings. Results confirmed that high-risk participants graduated at a higher rate, provided more drug-negative urine specimens at 6 months post-admission, and reported significantly less drug use and alcohol intoxication at 6 months post-admission when they were matched to bi-weekly hearings as compared to the usual schedule of hearings. These findings yield practical information for enhancing the efficacy and cost-efficiency of drug court services. Directions for future research on adaptive programming for drug offenders are discussed. PMID:17071020

  2. 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

  3. 10 CFR 431.401 - Petitions for waiver, and applications for interim waiver, of test procedure.

    Science.gov (United States)

    2010-01-01

    ... Renewable Energy, U.S. Department of Energy. Each Application for Interim Waiver must reference the Petition... Renewable Energy. (e) Provisions specific to interim waivers—(1) Disposition of application. If... 10 Energy 3 2010-01-01 2010-01-01 false Petitions for waiver, and applications for interim waiver...

  4. Does Judge Turnover Affect Judicial Performance?

    DEFF Research Database (Denmark)

    Guerra, Alice; Tagliapietra, Claudio

    2017-01-01

    office to another after three years of mandate, and the law prescribes their transfer after ten years to guarantee their independence. Flaws in the process managing the backlog of outbound judges and the existence of asynchrony between outbound and inbound transfers produce a chain of delays...... to the disposition of court cases. Using a novel dataset on Court of Appeal Districts in Italy (2008–2012), we provide evidence of a strong negative relation between high turnover rates and judicial performance. We find that marginal increases in judge turnover rates lead to a statistically significant decrease...... in judicial performance over two years of time...

  5. 12 CFR 1780.29 - Deposition of witness unavailable for hearing.

    Science.gov (United States)

    2010-01-01

    ... HOUSING AND URBAN DEVELOPMENT RULES OF PRACTICE AND PROCEDURE RULES OF PRACTICE AND PROCEDURE Prehearing... not be available for the hearing, a party desiring to preserve that witness' testimony for the record... the grounds for the objection. Failure to object to questions or documents is not deemed a waiver...

  6. 42 CFR 457.1003 - CMS review of waiver requests.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false CMS review of waiver requests. 457.1003 Section 457.1003 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES... Waivers: General Provisions § 457.1003 CMS review of waiver requests. CMS will review the waiver requests...

  7. 5 CFR 1201.127 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.127 Judicial review. (a) An employee subject to a final Board decision imposing disciplinary action under 5 U.S... appropriate United States district court. 5 U.S.C. 1508. Special Counsel Corrective Actions ...

  8. Trial Courts in the Judicial Process.

    Science.gov (United States)

    McKnight, R. Neal

    1981-01-01

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

  9. 15 CFR 325.11 - Judicial review.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Judicial review. 325.11 Section 325.11 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE MISCELLANEOUS REGULATIONS EXPORT TRADE CERTIFICATES OF...

  10. 37 CFR 251.58 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... determination on appeal, from depositing statements of account and royalty fees by those sections. [59 FR 23981... ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.58 Judicial review. (a) Any order of determination...

  11. 30 CFR 775.13 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS... to judicial review by a court of competent jurisdiction, as provided for in the State program, but...

  12. “Deference” in Judicial Review

    African Journals Online (AJOL)

    MJM Venter

    The Constitutional Court subscribes to a standard of "deference" in judicial review.1. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. The principle recognises the need to protect the institutional character of each of the three arms of ...

  13. 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... reasonable attorney's fees, but that the complainant must demand these costs in the complaint; (iii) That...

  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 6.57 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND... District Court in which the requestor resides or has his or her principal place of business or in which the...

  15. 77 FR 63221 - Waiver of Requirement To Enter Into a Reciprocal Waiver of Claims Agreement With All Customers

    Science.gov (United States)

    2012-10-16

    ... To Enter Into a Reciprocal Waiver of Claims Agreement With All Customers AGENCY: Federal Aviation... a launch operator enter into a reciprocal waiver of claims with each customer. The FAA grants the... enter into a reciprocal waiver of claims (a ``cross-waiver'') with each of its customers. The FAA...

  16. 12 CFR 563g.14 - Waiver.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Waiver. 563g.14 Section 563g.14 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY SECURITIES OFFERINGS § 563g.14 Waiver. (a) The Office may waive any requirement of this part, or any required information: (1) Determined to be...

  17. 45 CFR 675.4 - Waiver process.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 3 2010-10-01 2010-10-01 false Waiver process. 675.4 Section 675.4 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL SCIENCE FOUNDATION MEDICAL CLEARANCE PROCESS FOR DEPLOYMENT TO ANTARCTICA § 675.4 Waiver process. (a) If an individual is found not physically qualified for...

  18. 49 CFR 237.9 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... TRANSPORTATION BRIDGE SAFETY STANDARDS General § 237.9 Waivers. (a) Any person subject to a requirement of this... compliance is in the public interest and is consistent with railroad safety, the Administrator may grant the... Administrator publishes a notice in the Federal Register containing the reasons for granting the waiver. ...

  19. 18 CFR 284.271 - Waiver.

    Science.gov (United States)

    2010-04-01

    ... Emergency Natural Gas Sale, Transportation, and Exchange Transactions § 284.271 Waiver. The Commission may... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Waiver. 284.271 Section 284.271 Conservation of Power and Water Resources FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF...

  20. 38 CFR 17.105 - Waivers.

    Science.gov (United States)

    2010-07-01

    ... claimant must request a waiver by submitting VA Form 5655 (Financial Status Report) to a Fiscal Officer at... error shown by the evidence in the file at the time of the prior decision as provided in § 1.969 of this... to the Committee on Waivers and Compromises. (The Office of Management and Budget has approved the...

  1. 49 CFR 633.29 - PMP waivers.

    Science.gov (United States)

    2010-10-01

    ... TRANSPORTATION PROJECT MANAGEMENT OVERSIGHT Project Management Plans § 633.29 PMP waivers. A waiver will be... element is not necessary for a particular plan; or (b) The requirement of having a new project management... under a previously-approved project management plan. ...

  2. 48 CFR 622.1403 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Waivers. 622.1403 Section 622.1403 Federal Acquisition Regulations System DEPARTMENT OF STATE SOCIOECONOMIC PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Employment of Workers with Disabilities 622.1403 Waivers...

  3. 48 CFR 422.1403 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 4 2010-10-01 2010-10-01 false Waivers. 422.1403 Section 422.1403 Federal Acquisition Regulations System DEPARTMENT OF AGRICULTURE SOCIOECONOMIC PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Employment of Workers With Disabilities 422.1403 Waivers...

  4. 48 CFR 1322.1403 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Waivers. 1322.1403 Section 1322.1403 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE SOCIOECONOMIC PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Employment of Workers With Disabilities 1322.1403 Waivers...

  5. 48 CFR 225.7604 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Waivers. 225.7604 Section 225.7604 Federal Acquisition Regulations System DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE SOCIOECONOMIC PROGRAMS FOREIGN ACQUISITION Secondary Arab Boycott of Israel 225.7604 Waivers. The...

  6. Do Hearing Protectors Protect Hearing?

    Science.gov (United States)

    Groenewold, Matthew R.; Masterson, Elizabeth A.; Themann, Christa L.; Davis, Rickie R.

    2015-01-01

    Background We examined the association between self-reported hearing protection use at work and incidence of hearing shifts over a 5-year period. Methods Audiometric data from 19,911 workers were analyzed. Two hearing shift measures—OSHA standard threshold shift (OSTS) and high-frequency threshold shift (HFTS)—were used to identify incident shifts in hearing between workers’ 2005 and 2009 audiograms. Adjusted odds ratios were generated using multivariable logistic regression with multi-level modeling. Results The odds ratio for hearing shift for workers who reported never versus always wearing hearing protection was nonsignificant for OSTS (OR 1.23, 95% CI 0.92–1.64) and marginally significant for HFTS (OR 1.26, 95% CI 1.00–1.59). A significant linear trend towards increased risk of HFTS with decreased use of hearing protection was observed (P = 0.02). Conclusion The study raises concern about the effectiveness of hearing protection as a substitute for noise control to prevent noise-induced hearing loss in the workplace. Am. J. Ind. Med. 57:1001–1010, 2014. Published 2014. This article is a U.S. Government work and is in the public domain in the USA. PMID:24700499

  7. Hearing Impairment

    Science.gov (United States)

    ... Ear Hears Think about how you can feel speakers vibrate on your sound system or feel your throat vibrate when you speak. Sound, which is made up of invisible waves of energy, causes these vibrations. Hearing begins when sound waves that travel through ...

  8. 46 CFR 1.01-30 - Judicial review.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Judicial review. 1.01-30 Section 1.01-30 Shipping COAST... Judicial review. (a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of...

  9. 12 CFR 1780.57 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Stays pending judicial review. 1780.57 Section... Posthearing Proceedings § 1780.57 Stays pending judicial review. The commencement of proceedings for judicial... Director pending a final decision on a petition for review of that order. ...

  10. 12 CFR 509.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Stays pending judicial review. 509.41 Section... pending judicial review. The commencement of proceedings for judicial review of a final decision and order... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...

  11. The Judicial Domain in View: figures, trends and perspectives

    NARCIS (Netherlands)

    M.A. Loth (Marc); E. Mak (Elaine)

    2007-01-01

    textabstractWhere will the Dutch judicial system be in 2015? One of us answered a similar type of question elsewhere with a sketch of two frightening scenarios.* In the first scenario the judicial system will have insufficiently adapted itself to its surroundings. The judicial system will become

  12. Lungfish Hearing

    DEFF Research Database (Denmark)

    Christensen, Christian Bech; Madsen, Peter Teglberg; Christensen-Dalsgaard, Jakob

    Recent research has shown that tympanic middle ears evolved independently in the major vertebrate groups and represent independent experiments in terrestrial hearing. Furthermore, the tympanic ear emerged quite late – ap - proximately 120 mya after the origin of the tetrapods and approximately 70...... my after the first truly terrestrial tetrapods emerged. One of the major challenges is to understand the transitional stages from tetrapod ancestors to the tympanic tetrapod ear, for example how a non-tympanic ear functions in terrestrial hearing. Lungfish are the closest living relatives...... and urodeles. Based on ABR and vibration measurements also on amphib - ians, lizards, snakes and alligators we can outline scenarios for the initial adaptations of the middle ear to non-tympanic hearing and assess the selection pressures later adapting the middle ear for tympanic hearing. Hearing by bone...

  13. Judicial Functions in the Criminal Trial

    Directory of Open Access Journals (Sweden)

    Constantin Tănase

    2014-05-01

    Full Text Available The separation of judicial functions falls, indisputably, in the news gallery of the Romanian criminal trial current rules. The previous Criminal Procedure Code, namely that of 1968, as well as the older ones, hadn‟t enrolled in their content such a principle. However, the doctrine identified, under mentioned legal regulations, the existence of distinct procedural functions and their need to separate, in the idea of genuine criminal justice accomplishment. These procedural functions were: the indictment function (or charges, the defense function the trial function. In the new code, this principle proclaims the existence of four judicial functions that aim the efficiency and speed of the criminal trial, but also guarantee the presumption of innocence, equal opportunity of parties, protection of rights and fundamental freedoms. This research try to explain this principle and its connections with other institutions of the criminal trial.

  14. 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.

  15. Judicial Reforms in Russia: 1864 to 2014

    Directory of Open Access Journals (Sweden)

    Irina Reshetnikova

    2015-01-01

    Full Text Available In 2014 we celebrate the 150th anniversary of the Judicial Reform in Russia. The 1860s are known as a time of major reforms in various spheres of life, one of them being the Judicial Reform adopted in 1864. Before 1864 civil procedure was considered to be the classical form of inquisitorial justice1 with active judges and passive parties. Inquisitorial procedure was a written process conducted in secret with no legal representatives in court, and with formal evaluation of evidence (otsenka dokazatel’stv. Instead of an inquisitorial procedure the Judicial Reform introduced an adversarial system with active parties and more or less passive judges, an open, oral (public process, legal representatives, and free evaluation of evidence. So, for Russian procedure it was a revolution as it happened in other countries of Europe, which turned away from an inquisitorial to an adversarial system of justice.

  16. Hearing Aids

    Science.gov (United States)

    ... listen to TV or your music player, play videogames, or use your phone. Talk to your audiologist ... your audiologist several times, but it's worth the benefit of being able to hear your friends and ...

  17. 75 FR 54040 - Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and...

    Science.gov (United States)

    2010-09-03

    ...] Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities...; speech-to-speech (STS); pay-per-call (900) calls; types of calls; and equal access to interexchange... of a report, due April 16, 2011, addressing whether it is necessary for the waivers to remain in...

  18. 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

  19. 49 CFR 397.217 - Waiver processing.

    Science.gov (United States)

    2010-10-01

    ... MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.217 Waiver processing. (a) The... application without prejudice if: (1) he or she determines that there is insufficient information upon which...

  20. 31 CFR 352.12 - Waiver.

    Science.gov (United States)

    2010-07-01

    ... Waiver. The Commissioner of the Public Debt, as delegate of the Secretary of the Treasury, may waive or... would not be inconsistent with law or equity; (b) It does not impair any existing rights; and (c) The...

  1. 77 FR 6169 - Buy America Waiver Notification

    Science.gov (United States)

    2012-02-07

    ... Preservation Commission. The New York City Department of Design and Construction (DDC) determined that there... should be supported. The New York City DDC responded to each comment received for this waiver request...

  2. 48 CFR 1515.404-474 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... METHODS AND CONTRACT TYPES CONTRACTING BY NEGOTIATION Contract Pricing 1515.404-474 Waivers. Under unusual... shall be justified in writing, and authorized only in situations where the guidelines method is...

  3. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

  4. 75 FR 10554 - Petition for Waiver of Compliance

    Science.gov (United States)

    2010-03-08

    ...'s arguments in favor of relief. Dakota, Missouri Valley & Western Railroad [Waiver Petition Docket... waiver from replacing rails with rail end vertical split head type defects 4'' or less in size. These...

  5. Public Litigation and the Concept of “Deference” in Judicial Review

    Directory of Open Access Journals (Sweden)

    Abraham Klaasen

    2015-12-01

    Full Text Available The Constitutional Court is the highest court in all constitutional matters and thus decides appeals from other courts in disputes involving natural and juristic persons and the state, including criminal matters, if the matter is a constitutional matter or an issue connected with a decision on a constitutional matter. The Court may hear any matter, if the Constitutional Court grants leave to appeal because the matter raises an arguable point of law of general public importance that ought to be considered by that court. The Constitution makes it clear that courts are independent and subject only to the Constitution and the law. All persons to whom and organs of state to which a court order or decision applies are bound by it. It is important that the courts employ a standard of judicial review that is compatible with constitutional principles and values. The Constitutional Court subscribes to a standard of “deference” in judicial review. This principle recognises the need to protect the institutional character of each of the three arms of government in a manner that will prevent their ability to discharge their constitutional role being undermined. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. Around the world, litigation or judicial review has become immensely popular as a treatment for the pains of modern governance. South Africa is no exception to this phenomenon. This activism by litigation consists of efforts to promote, impede, or direct social, political, economic, or environmental change, or stasis. Organisations and individuals often disregard or distrust the political process and approach the courts to advance their own interest and to protect their own rights. Litigants seek to enforce constitutional principles and values that affect others as directly as them and that are valued for moral or political reasons and are independent of economic

  6. 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.

  7. 75 FR 61562 - Petition for Waiver of Compliance

    Science.gov (United States)

    2010-10-05

    ...'s arguments in favor of relief. The Village of Richton Park, Illinois [Waiver Petition Docket Number... National Railway Company (CN) supporting the approval of the Village's waiver petition. CN owns the EJE... docket number (e.g., Waiver Petition Docket Number FRA- 2010-0137) and may be submitted by any of the...

  8. 78 FR 9107 - Petition for Waiver of Compliance

    Science.gov (United States)

    2013-02-07

    ... maintaining high-quality inspections. The railroad also believes that the waiver's expanded scope will not compromise railroad safety. In support of the expanded scope of the existing waiver, BNSF's petition further... CFR part 232. Specifically, BNSF requests to expand the scope of the existing waiver that granted...

  9. 10 CFR 784.12 - Terms and conditions of waivers.

    Science.gov (United States)

    2010-01-01

    ... inventions required by paragraph (c)(1) of this clause, an acceptable final report pursuant to paragraph (f... regarding waivers of identified inventions. For inventions under advance waivers, a duly executed and.... In the case of a waiver of an identified invention pursuant to a request for greater rights, the...

  10. ASPECTS OF CRIMINALISTICS TACTICS RELATED TO WITNESS HEARING

    Directory of Open Access Journals (Sweden)

    Nicolae Mărgărit

    2017-12-01

    Full Text Available The article analyses some aspects related to witness statements, with regard to the actual tactics of hearing witnesses and the hearing of child witnesses. Judicial practice has well shown that giving evidence is the most important phase in the course of the activity carried out by judicial bodies, being the way for determining the facts, for finding the truth in the case referred for settlement. Giving the evidence in a correct and complete way, the value of the administered evidence and its correct and lawful evaluation are decisive for the judicial bodies to come to an intimate belief with regard to the factual reality on which the solution they pronounce should be based, the lawfulness itself of court rulings and other solutions given by the judicial bodies being dependant on these elements. In order to obtain the evidence and make the most of it in a criminal trial, legal activities or operations are necessary to discover it and to present it in a form which is perceptible for the judicial bodies, an aspect which is accomplished by legal means of evidence. Criminal doctrine and judicial practice alike have determined that for finding the truth in a criminal trial, besides the statements made by the suspect or the accused, the statements of the other parties in the trial have an appreciable contribution too. In this context, the contribution of Criminalistics – the science of crime investigation – to establishing the facts in a criminal trial is especially noticeable with the conclusions of forensic examinations and findings. The study put forward reveals some aspects of criminalistics tactics related to witness hearing in a criminal trial, as well as that the result of the investigation depends on how the activity of witness hearing is prepared and the compliance with all procedural rules. At the same time, as Criminalistics supports the witness hearing activity, it develops a particular tactical hearing procedure, starting precisely

  11. Options for Using Military Waiver Information in Personnel Security Clearance Investigations

    Science.gov (United States)

    2007-03-01

    for applicants in Navy training schools (OPNAV INSTRUCTION 1514.lB). Waiver data are stored in PRIDE but limited to daily lists of waiver requests...Defense Waiver Codes Waiver code Explanation AYA Age maximum exceeded for enlistment purposes; waiver granted by the highest authority 1 level

  12. CONSIDERATIONS ABOUT TIME MANAGEMENT IN JUDICIAL ORGANISATIONS.

    Directory of Open Access Journals (Sweden)

    HULPUŞ IOANA ALEXANDRA

    2015-08-01

    Full Text Available Efficiency of justice is closely linked to the time factor as a key resource to be severely, judiciously used, saved. Because of the importance of this issue - of the preserved values - providing justice, the righteousness and not least the citizen himself, protecting its rights and interests, values that exceed privat sector priorities-the profit, time problem in judiciary management is more valuable. Time is a component of efficiency, performance, timeliness of trials being enshrined as a guiding principle and one of the most important procedural safeguards of the litigant. The study emphasizes an important aspect in terms of time management, the perspective of judiciary leader, who has to abide the law and its limitations and always having to balance between requirements, resources and optimum workload. In this context he should identify methods and work techniques that resonates with the legal provisions to manage time more efficiently.

  13. Co-Plaintigff in Judicial Reorganization

    Directory of Open Access Journals (Sweden)

    Liliane Gonçalves Matos

    2016-12-01

    Full Text Available The aim of the study it was to analyze the possibility of the economic group file a single request for judicial reorganization. Concerning the methodology, the study is a descriptive - analytic research, analyzing the legal doctrines and jurisprudence about the subject. It has been shown that the reorganization of groups, instead of separated companies may result benefits, as a company of the group can help to recover the others that are facing difficulties, but there is the possibility to create a negative incentive for the development of global business activity. It was concluded that the active joinder in bankruptcy is feasible, but it would be more prudent for each group company present its own reorganization  plan.

  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. 76 FR 54456 - Petition for Waiver and Notice of Granting the Application for Interim Waiver of Samsung from the...

    Science.gov (United States)

    2011-09-01

    ... for Waiver and Notice of Granting the Application for Interim Waiver of Samsung from the Department of... Public Comments. SUMMARY: This notice announces receipt of and publishes the Samsung Electronics America, Inc. (Samsung) petition for waiver (hereafter, ``petition'') from specified portions of the U.S...

  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. Do Medicaid home and community based service waivers save money?

    Science.gov (United States)

    Harrington, Charlene; Ng, Terence; Kitchener, Martin

    2011-10-01

    This article estimates the potential savings to the Medicaid program of using 1915c Home and Community Based Services (HCBS) waivers rather than institutional care. For Medicaid HCBS waiver expenditures of $25 billion in 2006, we estimate the national savings to be over $57 billion, or $57,338 per waiver participant in 2006 compared with the cost of Medicaid institutional care (for which all waiver participants are eligible). When taking into account a potential 50% "woodwork effect" (for people who might have refused institutional services), the saving would be $21 billion. This analysis demonstrates that HCBS waiver programs present significant direct financial savings to Medicaid long-term care (LTC) programs.

  18. 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...

  19. 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…

  20. The Judicial Process as a Form of Program Evaluation.

    Science.gov (United States)

    Ellsberry, James

    1980-01-01

    Maintaining that the judicial process is particularly effective as a form of program evaluation, this article details organizational procedures and lists the following advantages for use of the judicial process: issues are investigated in an open forum, the community can participate, and exciting opportunities for teaching and learning are…

  1. Political Science, The Judicial Process, and A Legal Education

    Science.gov (United States)

    Funston, Richard

    1975-01-01

    Application of the behavioral approach to the study of the judicial process is examined including methodological approaches used, typical findings, and "behavioralists'" rejection of the case method of studying law. The author concludes that the behavioral approach to the study of judicial politics has not been substantially productive. (JT)

  2. Judicial Process, Grade Eight. Resource Unit (Unit V).

    Science.gov (United States)

    Minnesota Univ., Minneapolis. Project Social Studies Curriculum Center.

    This resource unit, developed by the University of Minnesota's Project Social Studies, introduces eighth graders to the judicial process. The unit was designed with two major purposes in mind. First, it helps pupils understand judicial decision-making, and second, it provides for the study of the rights guaranteed by the federal Constitution. Both…

  3. 12 CFR 747.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Stays pending judicial review. 747.41 Section... of Practice and Procedure § 747.41 Stays pending judicial review. The commencement of proceedings for... part of its order pending a final decision on a petition for review of that order. ...

  4. 12 CFR 308.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Stays pending judicial review. 308.41 Section... OF PRACTICE AND PROCEDURE Uniform Rules of Practice and Procedure § 308.41 Stays pending judicial... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...

  5. 12 CFR 19.41 - Stays pending judicial review.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Stays pending judicial review. 19.41 Section 19... PROCEDURE Uniform Rules of Practice and Procedure § 19.41 Stays pending judicial review. The commencement of... effectiveness of all or any part of an order pending a final decision on a petition for review of that order. ...

  6. [The judicialization of health in the Federal District of Brazil].

    Science.gov (United States)

    Diniz, Debora; Machado, Teresa Robichez de Carvalho; Penalva, Janaina

    2014-02-01

    This paper seeks to analyze the Judiciary's approach with respect to demands for the judicialization of the right to health by means of a case study of civil lawsuits for access to health care in Brazil's Federal District. Judicialization of the right to health signifies the judicialization of various of the health services provided. This is a descriptive and exploratory case study that covers the Federal District and uses mixed techniques to gather and analyze data. This study analyzed 385 lawsuits (87% of the total number of cases of judicialization of health for the period from 2005 to 2010 that reached the Appellate court). The results indicate that the most judicialized service is access to intensive care unit, followed by drugs and health care. Almost all lawsuits are filed by public defenders, with medical prescriptions and recommendations from the public health service. The results of this study challenge some dominant themes in the national debate, particularly the claim that judicialization is a phenomenon of the elites and that the services judicialized are drugs. The study does not seek to make generalizations, but highlights the fact that the phenomenon of judicialization of health has different aspects encompassed under the same concept.

  7. NEOCONSTITUCIONALISMO: O ALICERCE DO ATIVISMO JUDICIAL BRASILEIRO / NEOCONSTITUTIONALISM: THE FOUNDATION OF THE BRAZILIAN JUDICIAL ACTIVISM

    Directory of Open Access Journals (Sweden)

    Têmis Limberger

    2017-04-01

    Full Text Available The proposed study is based on the jurisdictional action of the Courts when adopting positions that go against the current legislation and even the Constitutional text, making use of premises of the neoconstitutional doctrine, which deals with the concrete application of the Federal Constitution, in order to demonstrate the use of these parameters as basis or foundation for judicial decisions of activist nature, and specifically to point out the effects of the judgments of this nature. The insecurity caused by the res judicata that adopt the practices worked in this doctrine, denying what is in the Law and in the Constitution, justify the relevance of the research, which faces these problems in the light of Contemporary Juridical Hermeneutics. The research method was the bibliographic survey and the study of judicial decisions, with emphasis on TSE and STF. Thus, in general, the objective is to make it clear that in these cases there is a misconception of the Judiciary in the form of interpreting and deciding, and it specifically points out that the decisions of the Electoral Courts reach out as an instrument of judicial activism, which is strengthened by the Neoconstitutional doctrine.

  8. The judicialization of territorial politics in Brazil, Colombia and Spain

    Directory of Open Access Journals (Sweden)

    Helder Ferreira do Vale

    2013-08-01

    Full Text Available This article explains how judicial review influences intergovernmental political dynamics in Brazil, Colombia and Spain. The argument is developed in light of two questions: how supreme courts have established themselves as pivotal institutions for settling vertical intergovernmental disputes, and how national and subnational politicians use judicial review in order to enhance their own interests. A comparison between the judicial review processes in federal Brazil, quasi-federal Spain, and unitary Colombia provides an answer to these questions. Accounting for the differences in the territorial organization and systems of government among these countries, the article assesses the patterns of judicial review originating from the subnational level. Findings suggest that courts affect the interaction between national and subnational politicians in the three country-cases, but through different patterns of judicialization of territorial politics.

  9. 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

  10. O protagonismo judicial e as políticas públicas / The judicial leadership and public policy

    Directory of Open Access Journals (Sweden)

    Mauricio Amorim

    2016-07-01

                                     Abstract: This study aims to analyze the judicial control of public policies. Thus, the doctrinal concept of these policies will be explained, and the delimitation of political harvest and develops. A brief overview of the division of powers is necessary, in order to better define what can be considered as judicial activism. About this same theme of activism, will be shown that there is no consensus on their classification, but it depends on the time and place to be analyzed. A relevant discussion on the possible Reserve Theory is demonstrated, as well as whether or not their use when analyzing the legitimacy of judicial intervention in the sphere of activities of the other two branches of government. Finally, the subject of judicial intervention at the present time will be studied, and their possible consequences for democracy. Keywords: Public policy; Judicial activism; Possible reserve theory.

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

    Directory of Open Access Journals (Sweden)

    Jonathan Soeharno

    2007-06-01

    Full Text Available Much effort is being made to safeguard judicial integrity – but what is it? In this article, two discourses on judicial integrity will be outlined: one in which judicial integrity is said to be at stake and one in which the emphasis lies on safeguarding judicial integrity. These discourses are by no means homogeneous. Not only are there considerable differences between the English and the Dutch discourses, there are also differences within each discourse regarding the use and meaning of integrity. In order to gain a better understanding of the concept, normative theory is consulted. From a rule of law perspective, integrity as the proper professional character of an official appears to be a presupposed norm. From the perspective of democracy, integrity appears as the norm that correlates with public trust. Expounding on these norms – integrity as professional character and integrity as external accountability – enables a better understanding of the discourses on judicial integrity.

  12. ATIVISMO JUDICIAL E ESTADO DE DIREITO

    Directory of Open Access Journals (Sweden)

    Carlos Eduardo Dieder Reverbel

    2009-04-01

    Full Text Available O presente trabalho insere-se na Teoria do Estado e no Direito Constitucional. Parte da natural sociabilidade do humano para demonstrar que o Estado de Direito nasce para servir a pessoa, e esta abdica parte de sua liberdade em prol de um convívio harmônico e pacífico dentro da sociedade. Delimita, mesmo que não desenvolva, o que entende ser os princípios de Estado de Direito. Após, insere o estudo dentro das duas principais famílias de direito: common law e romano-germânica; apresentando o princípío prevalente em cada uma delas: legalidade e processualidade. Desenvolve distinção de McILWIAN entre  jurisdictio y gubernaculum, pois o Estado de Direito só pode ser aquele que delimite e proteja uma área restrita à  Política, e uma área restrita ao  Direito. Por fim, antes da conclusão e da bibliografia, mostramos  os  entraves que o  ativismo judicial  – inclusive colacionando jurisprudências – tem gerado para o florescimento de um Estado de Direito racional.

  13. [Mistakes and omissions in judicial reports prepared in emergency services].

    Science.gov (United States)

    Turla, Ahmet; Aydin, Berna; Sataloğlu, Neva

    2009-03-01

    We aimed in this study to determine any mistakes or omissions made while preparing judicial reports, which contribute to the judicial process. In this study, we evaluated as samples 351 judicial reports of victims who applied to the Emergency Service of Ondokuz Mayis University between January 1, 2005 and December 31, 2005 with respect to the judicial facts, and we recorded any mistakes or omissions of data in these reports. We determined that there was no record of age in 6% of the judicial reports, of examination time in 71.8%, of traumatic lesion or not in 30.5%, of the state of consciousness in 58.7%, and of the presence or not of life-threatening risks in 2.6%. The name of the physician who prepared the report was not provided in 8.0% of the reports. The most important omission is that none of the reports had the name, surname or signature of the person who had taken the prepared report. We concluded that, after graduation, it is necessary for physicians, who are responsible for both treating the patients and writing judicial reports, to attend in-service training programs. They must also be properly advised regarding their responsibilities in judicial cases.

  14. Measurements on Hearing

    DEFF Research Database (Denmark)

    Poulsen, Torben

    1996-01-01

    Background material for measurements of hearing for grammar school pupils. The note gives the necessary background for the exercise 'Measurement on Hearing'. The topics comprise sound and decibel, the ear, basic psychoacoustics, hearing threshold, audiometric measurement methods, speech and speech...

  15. Hearing Disorders and Deafness

    Science.gov (United States)

    ... enough to enjoy talking with friends or family. Hearing disorders make it hard, but not impossible, to ... often be helped. Deafness can keep you from hearing sound at all. What causes hearing loss? Some ...

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

    DEFF Research Database (Denmark)

    Beach, Derek

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

  17. Hearing: Noise-Induced Hearing Loss

    Science.gov (United States)

    ... reduce your exposure to noise by choosing quiet leisure activities rather than noisy ones. Develop the habit ... the degree of your hearing loss, you may benefit from using a hearing aid (a device you ...

  18. 28 CFR 0.118 - Office of Chief Administrative Hearing Officer.

    Science.gov (United States)

    2010-07-01

    ... Officer. 0.118 Section 0.118 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Executive Office for Immigration Review § 0.118 Office of Chief Administrative Hearing... Law Judges in performance of their duties in accordance with 8 U.S.C. 1324 A and B. ...

  19. Judicialization of International Relations: Do International Courts Matter?

    Czech Academy of Sciences Publication Activity Database

    Malíř, Jan

    2013-01-01

    Roč. 3, č. 3 (2013), s. 208-224 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : judicialization * international relations * legal and extralegal factors Subject RIV: AG - Legal Sciences

  20. 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.

  1. Page JUDICIAL PRECEDENT IN THE NIGERIAN LEGAL SYSTEM

    African Journals Online (AJOL)

    Fr. Ikenga

    Judicial precedent is a basic principle of the administration of justice in .... precedent assume a natural position that is not different from any other ... L. Alexander, Precedent in a Companion to Philosophy of Law and Legal Theory 503-513,.

  2. 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)

  3. Canadian Cases before the Judicial Committee of the Privy Council

    OpenAIRE

    MacMillan, Catharine

    2015-01-01

    A paper by Professor Catharine MacMillan (Professor of Law and Legal History, University of Reading) exploring the enduring legacy of the Judicial Committee of the Privy Council on the development of Canadian law.

  4. Reassessing Judicial Independence and Impartiality against the Backdrop of Judicial Appointments in South Africa

    Directory of Open Access Journals (Sweden)

    Koos Malan

    2014-12-01

    Full Text Available The South African Judicial Service Commission (JSC, considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately erupted into a full-blown conflict between those who could here be referred to as the transformationists, on the one hand, and the liberals, on the other. The transformationists, who may generally be regarded as falling within the sphere of influence of the ruling elite under the African National Congress (ANC, are bent on pursuing the policy of transformation. Hence they insist that the composition of the bench must reflect the national population profile and on individual judges' pursuing the ruling party's ideological goals. The liberals reject this as a threat to judicial independence and the professional competence of the judiciary. On close analysis the clash is based on incompatible interpretations of judicial independence and impartiality. This article is a critique of these interpretations against the backdrop of an assessment of what these notions can reasonably be expected to achieve. It is argued that the liberals are harbouring unrealistic views about judiciaries, believing them to wield power which may even extend over matters of political significance, powers on a par with or even outweighing those of the political branches. However, on proper analysis it is clear that the judiciary is in fact, firstly, inherently weak and dependent on the support of the political branches; and, secondly, it is integrated into the ruling elite with whom they share the same ideological assumptions without any inclination to oppose them. Hence, the impartiality of the courts, when it comes to politically sensitive issues, is distinctively politically (regime relative and ideologically conditioned. Ironically the transformationists have bought into the liberals' erroneous belief in the potency of the courts (in the above-mentioned sense

  5. 5 CFR 7501.103 - Waivers.

    Science.gov (United States)

    2010-01-01

    ... statement of the facts and findings upon which it is based and may impose appropriate conditions, such as... Agency Ethics Official may waive any provision of this part upon finding that the waiver will not result in conduct inconsistent with 5 CFR part 2635 or otherwise prohibited by law and that application of...

  6. 78 FR 63563 - Buy America Waiver Notification

    Science.gov (United States)

    2013-10-24

    ... holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be... provides for a waiver of the Buy America requirements when the application would be inconsistent with the... days following the effective date of the finding. Comments may be submitted to the FHWA's Web site via...

  7. 77 FR 72434 - Buy America Waiver Notification

    Science.gov (United States)

    2012-12-05

    ... Bridge project, Federal-aid project STP-0158(51), in the State of North Carolina. DATES: The effective... permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of...--Manufacturing Extension Partnership also conducted supplier scouting on motor and machinery system and reported...

  8. 12 CFR 12.8 - Waivers.

    Science.gov (United States)

    2010-01-01

    ... COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY RECORDKEEPING AND CONFIRMATION REQUIREMENTS FOR... one or more of the requirements set forth in §§ 12.2 through 12.7, either in whole or in part. The OCC may grant a waiver from the requirements of this part to any national bank, or any class of national...

  9. 31 CFR 29.526 - Waiver precluded.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Waiver precluded. 29.526 Section 29.526 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER... and a timely demand for repayment is made prior to the final disbursement by the administrator or...

  10. 48 CFR 1422.1403 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... 1422.1403 Federal Acquisition Regulations System DEPARTMENT OF THE INTERIOR SOCIOECONOMIC PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Employment of Workers with Disabilities 1422.1403 Waivers..., Affirmative Action for Workers with Disabilities, under the conditions prescribed in FAR 22.1403(a), and waive...

  11. 48 CFR 22.1403 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... 22.1403 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION SOCIOECONOMIC PROGRAMS APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS Employment of Workers with Disabilities 22.1403 Waivers... the clause at 52.222-36, Affirmative Action for Workers with Disabilities, for— (1) Any contract if a...

  12. 31 CFR 208.4 - Waivers.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Waivers. 208.4 Section 208.4 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE MANAGEMENT OF FEDERAL AGENCY DISBURSEMENTS § 208.4...

  13. 77 FR 74048 - Buy America Waiver Notification

    Science.gov (United States)

    2012-12-12

    ... of Canadian and American steel given the unique financing arrangement of the project under which the... strong supporter of Buy America, but given the unique financing arrangement for the NITC project, AISI... (NITC) project. DATES: The effective date of the waiver is December 13, 2012. FOR FURTHER INFORMATION...

  14. 48 CFR 1523.7002 - Waivers.

    Science.gov (United States)

    2010-10-01

    ... ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE Energy-Efficient Computer Equipment 1523.7002 Waivers. (a) There are several types of computer equipment which technically fall under the...; including bridges and routers; (2) UNIX RISC based processors with their high-end monitors; (3) Large LAN...

  15. Can Baby Hear?

    Science.gov (United States)

    ... born in the United States are deaf or hard-of-hearing. Research shows that early intervention with hearing devices and educational services can help children with hearing loss to develop language skills at the same rate as their hearing peers. ...

  16. Hard of Hearing?

    DEFF Research Database (Denmark)

    T Christensen, Vibeke

    This summary presents the results of a study of the impact of reduced hearing in relation to labour-market attachment and working life. Reduced hearing contributes to early retirement. Many people with impaired hearing are not aware of the impact of their hearing problems on their working life an...

  17. CERN hearing day

    CERN Multimedia

    2005-01-01

    1 in 10 people suffer from hearing loss - do you? The Medical Service invites everyone working on the CERN site to participate in the NATIONAL HEARING DAY on: Thursday 10th March 2005 From 9am to 4pm The Infirmary, Blg. 57, Ground Floor We will be offering hearing tests (audiograms), as well as information and advice on hearing loss, tinnitus, etc. Deafness does not just affect the elderly: in Europe, 50% of the hearing-impaired are under the age of 55. Exposure to excessive noise is one of the main reasons for hearing problems but PREVENTION IS POSSIBLE. For example, hearing protection devices can prevent 80% of tinnitus cases.

  18. CERN hearing day

    CERN Multimedia

    2005-01-01

    1 in 10 people suffer from hearing loss - do you? The Medical Service invites everyone working on CERN premises to participate in the National Hearing Day on: Thursday 10th March From 9am to 4pm The Infirmary, Blg. 57, Gr.Fl. We will be offering hearing tests (audiogram); information, advice on hearing loss, tinnitus and more. Deafness does not just affect the elderly: in Europe, 50% the hearing-impaired are under the age of 55. Exposure to excessive noise is one of the main reasons for hearing loss. But PREVENTION IS POSSIBLE AND EFFECTIVE: for example, Hearing protection devices could reduce tinnitus cases by 80%.

  19. CERN hearing day

    CERN Document Server

    2005-01-01

    1 in 10 people suffer from hearing loss - do you? The Medical Service invites everyone working on CERN premises to participate in the National Hearing Day on: Thursday 10th March From 9am to 4pm The Infirmary, Blg. 57, Gr.Fl. We will be offering hearing tests (audiogram); information, advice on hearing loss, tinnitus and more. Deafness does not just affect the elderly: in Europe, 50% the hearing-impaired are under the age of 55. Exposure to excessive noise is one of the main reasons for hearing loss. But prevention is possible and effective: for example, Hearing protection devices could reduce tinnitus cases by 80%.

  20. CERN hearing day

    CERN Multimedia

    2005-01-01

    1 in 10 people suffer from hearing loss ? do you? The Medical Service invites everyone working on the CERN site to participate in the NATIONAL HEARING DAY on: Thursday 10th March 2005 From 9am to 4pm The Infirmary, Blg. 57, Ground Floor We will be offering hearing tests (audiograms), as well as information and advice on hearing loss, tinnitus, etc. Deafness does not just affect the elderly: in Europe, 50% of the hearing-impaired are under the age of 55. Exposure to excessive noise is one of the main reasons for hearing problems but prevention is possible. For example, hearing protection devices can prevent 80% of tinnitus cases.

  1. The Master Hearing Aid

    Science.gov (United States)

    Curran, James R.

    2013-01-01

    As early as the 1930s the term Master Hearing Aid (MHA) described a device used in the fitting of hearing aids. In their original form, the MHA was a desktop system that allowed for simulated or actual adjustment of hearing aid components that resulted in a changed hearing aid response. Over the years the MHA saw many embodiments and contributed to a number of rationales for the fitting of hearing aids. During these same years, the MHA was viewed by many as an inappropriate means of demonstrating hearing aids; the audio quality of the desktop systems was often superior to the hearing aids themselves. These opinions and the evolution of the MHA have molded the modern perception of hearing aids and the techniques used in the fitting of hearing aids. This article reports on a history of the MHA and its influence on the fitting of hearing aids. PMID:23686682

  2. 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

  3. Considering the consequences of increased reliance on judicial assistants: A study on Dutch courts

    NARCIS (Netherlands)

    Holvast, N.L.

    2014-01-01

    Virtually all judicial systems employ judicial staff members to assist judges in their work. However, except for US Supreme Court law clerks the role of these judicial assistants in judicial decision-making is minimally understood. This observation also holds true for the Netherlands, where an

  4. Public Politics of Health and Aspects of its Judicialization

    Directory of Open Access Journals (Sweden)

    Rafael Fernando dos Santos

    2015-12-01

    Full Text Available This article was elaborated in order to analyze issues relating to the judicialization of cases involving health, understanding health as a public policy aimed at to guarantee the fundamental right to it linked, that is, the concept of health that the authos intended to work is not far from that contained in the combined reading of Articles 6 and 196 of the Constitution, consecrators to be the health, universal right and duty of the state, guaranteed through social and economic policies aimed at to reduce the risk of disease and other becomes, ensuring also the universal and equal access to actions and services for its promotion, protection and recovery. With this approach it is intended to analyze the feasibility and consequences of judicial control of social and economic policies of promotion, protection and recovery, access, anyway, the effective flow to the fundamental right. Relating to the methodological aspects employed in the analysis of the issue concerning to the health, it was searched in the interpretation of constitutional provisions that secure the subjective right the starting point of the analysis as well as the unwavering appreciation of inseparability of judicial control in the context of public policy, assessing possible limits of the judicial branch, and then to realize a brief analysis of previous trial in the Supreme Court and extract from this jurisprudencial context the minimum goals for aspects of health judicialization.

  5. 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.

  6. 75 FR 81644 - Hearing of The Judicial Conference Committee on Criminal Rules

    Science.gov (United States)

    2010-12-28

    ... San Francisco, CA FOR FURTHER INFORMATION CONTACT: Peter G. McCabe, Secretary, Rules Committee Support.... Dated: December 21, 2010. Peter G. McCabe, Rules Committee Support Office. [FR Doc. 2010-32415 Filed 12...

  7. 75 FR 65381 - Hearings of the Judicial Conference Committees on Bankruptcy, Criminal Rules

    Science.gov (United States)

    2010-10-22

    .../rules ; by overnight mail to Peter G. McCabe, Secretary, Committee on Rules of Practice and Procedure of..., DC 20544; or by facsimile to Peter G. McCabe at (202) 502-1766. In accordance with established...

  8. Negotiating hearing disability and hearing disabled identities

    DEFF Research Database (Denmark)

    Lykke Hindhede, Anette

    2012-01-01

        Using disability theory as a framework and social science theories of identity to strengthen the arguments, this paper explores empirically how working-age adults confront the medical diagnosis of hearing impairment. For most participants hearing impairment threatens the stability of social...... interaction and the construction of hearing disabled identities is seen as shaped in the interaction with the hearing impaired person‟s surroundings. In order to overcome the potential stigmatisation the „passing‟ as normal becomes predominant. For many the diagnosis provokes radical redefinitions of the self....... The discursively produced categorisation and subjectivity of senescence mean that rehabilitation technologies such as hearing aids identify a particular life-style (disabled) which determines their social significance. Thus wearing a hearing aid works against the contemporary attempt to create socially ideal...

  9. Public Policy Environment: legalization and judicial activism for sustainable development

    Directory of Open Access Journals (Sweden)

    Belinda Pereira da Cunha

    2017-04-01

    Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, it sought to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development. The methodology used was a literature review and secondary data collection. It was noticed a different activism in the face of environmental issues.

  10. A judicial review of political questions under Islamic law

    Directory of Open Access Journals (Sweden)

    Abdulfatai O. Sambo

    2014-06-01

    Full Text Available The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW. The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary.

  11. Modernization experience of judicial policy post soviet countries

    Directory of Open Access Journals (Sweden)

    O. A. Antoniuc

    2014-12-01

    The findings indicate that analysis of the accumulated Georgia and Kazakhstan, as well as other post­Soviet states, the experience of modernization policy of national judicial systems is very useful for the improvement of the domestic judicial system in the context of the proclaimed judicial reform. First it must ensure the restoration of the unity of the judiciary in the possibility of the existence of certain specialized vessels. Regarding the latter, it is interesting Kazakhstan practice, when the specialized courts are formed with the status of the regional or district court, without disrupting the unity of the judiciary, which is headed by the Supreme Court. Considerable interest may also be the creation of the courts of public councils to assess the ethical qualities of the candidates for judges, the introduction of the model­speakers of judges, the development of pre­trial (mediation and alternative (arbitration courts forms of dispute resolution.

  12. Hearing Aid and children

    Directory of Open Access Journals (Sweden)

    Jamileh Fatahi

    2002-07-01

    Full Text Available In order to develop oral communication, hearing impaired infants and young children must be able to hear speech comfortably and consistently. To day children with all degrees of hearing loss may be condidates for some kinds of amlification. As children differ from adults, many Factors should be consider in hearing aid selection, evaluation and fitting. For example the child age when he or she is candidate for custom instruments? Do we consider programmable Hearing aid? Are multi memory instruments appropriate for them? What about directional microphones? What style of hearing aid do we select? In this paper such questions are Answered.

  13. Congenital hearing impairment

    Energy Technology Data Exchange (ETDEWEB)

    Robson, Caroline D. [Children' s Hospital and Harvard Medical School, Division of Neuroradiology, Department of Radiology, Boston, MA (United States)

    2006-04-15

    Establishing the etiology of congenital hearing impairment can significantly improve treatment for certain causes of hearing loss and facilitates genetic counseling. High-resolution CT and MRI have contributed to the evaluation and management of hearing impairment. In addition, with the identification of innumerable genetic loci and genetic defects involved in hearing loss, genetic testing has emerged as an invaluable tool in the assessment of hearing impairment. Some of the common forms of congenital hearing loss are reviewed and their imaging features illustrated. (orig.)

  14. Congenital hearing impairment

    International Nuclear Information System (INIS)

    Robson, Caroline D.

    2006-01-01

    Establishing the etiology of congenital hearing impairment can significantly improve treatment for certain causes of hearing loss and facilitates genetic counseling. High-resolution CT and MRI have contributed to the evaluation and management of hearing impairment. In addition, with the identification of innumerable genetic loci and genetic defects involved in hearing loss, genetic testing has emerged as an invaluable tool in the assessment of hearing impairment. Some of the common forms of congenital hearing loss are reviewed and their imaging features illustrated. (orig.)

  15. 75 FR 12811 - Petition for Waiver of Compliance

    Science.gov (United States)

    2010-03-17

    ... DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In... Federal Railroad Administration (FRA) has received a request for a waiver of compliance with certain... interlocking site to verify integrity of this equipment, including verifying the integrity of underground cable...

  16. 16 CFR 1027.11 - Non-waiver of rights.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Non-waiver of rights. 1027.11 Section 1027.11 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL SALARY OFFSET § 1027.11 Non-waiver... any other provision of law. ...

  17. Waivering as Governance: Federalism during the Obama Administration

    Science.gov (United States)

    Saultz, Andrew; McEachin, Andrew; Fusarelli, Lance D.

    2016-01-01

    This article analyzes how the Obama administration used executive power to grant waivers from federal education policies and assesses whether they used this power differently than previous administrations and in other sectors (e.g., health or welfare). The executive use of waivers to shape state policy is not a new trend. However, we find that…

  18. 34 CFR 73.2 - Conflict of interest waiver.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Conflict of interest waiver. 73.2 Section 73.2 Education Office of the Secretary, Department of Education STANDARDS OF CONDUCT § 73.2 Conflict of interest waiver. If a financial interest arises from ownership by an employee—or other person or enterprise...

  19. 32 CFR 165.7 - Waivers (including reductions).

    Science.gov (United States)

    2010-07-01

    ... 165.7 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE DEFENSE CONTRACTING... Export Control Act,” Public Law No. 90-629, as amended, requires the recoupment of a proportionate amount... acceptance was conditional on consideration of the waiver request. (e) Requests for waivers shall be...

  20. 48 CFR 552.270-26 - No Waiver.

    Science.gov (United States)

    2010-10-01

    ... FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text of Provisions and Clauses 552.270-26 No Waiver... remedy consequent upon a breach thereof, and no acceptance of full or partial rent or other performance by either party during the continuance of any such breach shall constitute a waiver of any such...

  1. 42 CFR 456.506 - Waiver options for Medicaid agency.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Waiver options for Medicaid agency. 456.506 Section 456.506 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... options for Medicaid agency. (a) The agency may apply for a waiver at any time it has the procedures...

  2. 29 CFR 575.3 - Application for waiver.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Application for waiver. 575.3 Section 575.3 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF...

  3. 5 CFR 930.107 - Waiver of road test.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Waiver of road test. 930.107 Section 930....107 Waiver of road test. Under the following conditions, OPM or an agency head or his or her designated representative may waive the road test: (a) OPM waives the road test requirement for operators of...

  4. Investigating Miranda waiver decisions: An examination of the rational consequences.

    Science.gov (United States)

    Blackwood, Hayley L; Rogers, Richard; Steadham, Jennifer A; Fiduccia, Chelsea E

    2015-01-01

    Millions of custodial suspects waive their Miranda rights each year without the benefit of legal counsel. Miranda understanding, appreciation, and reasoning abilities are essential to courts' acceptance of Miranda waivers (Grisso, 2003; Rogers & Shuman, 2005). The question posed to forensic psychologists and psychiatrists in the disputed Miranda waivers is whether a particular waiver decision was knowing, intelligent, and voluntary. Despite the remarkable development of Miranda research in recent decades, studies have generally focused on understanding and appreciation of Miranda rights, but with comparatively minimal emphasis on Miranda reasoning and attendant waiver decisions. Research on defendants' decisional capacities constitutes a critical step in further developing theoretical and clinical models for Miranda waiver decisions. The current study evaluated Miranda waiver decisions for 80 pretrial defendants from two Oklahoma jails to study systematically how rational decision abilities affect defendants' personal waiver decisions. In stark contrast to what was expected, many defendants were able to identify a rational decisional process in their own legal cases, yet cast such reasoning aside and chose a completely contradictory Miranda waiver decision. Published by Elsevier Ltd.

  5. 38 CFR 1.963 - Waiver; other than loan guaranty.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Waiver; other than loan... GENERAL PROVISIONS Referrals to Gao, Department of Justice, Or Irs § 1.963 Waiver; other than loan... shall be waived if there is no indication of fraud, misrepresentation, or bad faith on the part of the...

  6. 5 CFR 1639.9 - Charges pending waiver or review.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Charges pending waiver or review. 1639.9 Section 1639.9 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD CLAIMS COLLECTION Administrative Collection, Compromise, Termination, and Referral of Claims § 1639.9 Charges pending waiver or...

  7. 12 CFR 404.10 - Fee waivers or reductions.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Fee waivers or reductions. 404.10 Section 404.10 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Procedures for Disclosure of Records Under the Freedom of Information Act. § 404.10 Fee waivers or reductions. (a) General...

  8. 75 FR 61562 - Petition for Waiver of Compliance

    Science.gov (United States)

    2010-10-05

    ... waiver are only used for tourist passengers, films, movies, props, still photos and the like. Although... general system, and are not freight revenue cars. FWRY asks for this waiver due to the fact that the movie... document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's...

  9. 49 CFR 37.153 - FTA waiver determination.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false FTA waiver determination. 37.153 Section 37.153 Transportation Office of the Secretary of Transportation TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA) Paratransit as a Complement to Fixed Route Service § 37.153 FTA waiver determination. (a...

  10. 48 CFR 225.7003-4 - One-time waiver.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false One-time waiver. 225.7003... Other Statutory Restrictions on Foreign Acquisition 225.7003-4 One-time waiver. DoD may accept articles containing specialty metals that are not in compliance with the specialty metals clause of the contract if...

  11. Judicial police, functions and its development in Albania

    Directory of Open Access Journals (Sweden)

    Asllan Dogjani

    2016-03-01

    Full Text Available This article aims at a consistent search of the opinions about the judicial police as one of the subjects, contained in the Albanian criminal procedural law. In article 30 of the Albanian Criminal Procedure Code, are sanctioned the functions, division, addiction and judicial police duties. In the initial phase, the preliminary investigations are the basis of criminal proceedings. This phase includes evidences that cannot be replicated, the security measures are set, it is performed the notice of suit and necessary datas are collected. Searching, tracking, capture and bringing before trial of the perpetrators is considered as one of the oldest activities of human being. The need to ensure these regulations and the aim to prevent the consequences of any criminal activity has forced societies and different states to establish special investigative bodies (investigation and to determine by time their rights and obligations. So judicial police organs were provided and charged with competences and legal responsibility for the detection, crime preventions and research, capturing and bringing before the court, individuals or groups who commit criminal activities. From a comparative overview of legislation of the judicial police in several countries around the world, it is shown that there is no extreme change in structures and organizational patterns of these bodies, missions, powers and responsibilities they exercise (Elezi, 1997, 13. Judicial police in Albania has also been and is one of the important subjects of the criminal proceedings. In the historical perspective these bodies have had mixed origins and nature, and in different times they were military or civilian institutions. In this context, main purpose of this paper is the analysis of judicial police in

  12. Democracy and judicial activism: some considerations about causes and consequences

    Directory of Open Access Journals (Sweden)

    Claudio Ladeira de Oliveira

    2015-06-01

    Full Text Available In this paper I discuss the conflicting relationship between the “judicial activism” and representative democratic procedures. First, I discuss some definitions that enhance aspects “normative/prescriptive” of “activists” judicial positions and the functioning of “real existing” democratic institutions. Second, we discuss patterns of arguments that are used by courts to decide politically controversial issues as well as political and institutional factors that stimulate the occurrence of “activists” positions.

  13. 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.

  14. Machine Readable Passports & The Visa Waiver Programme

    CERN Multimedia

    2003-01-01

    From 1 October 2003, all passengers intending to enter the USA on the Visa Waiver Programme (VWP) will be required to present a machine-readable passport (MRP). Passengers travelling to the USA with a non-machine readable passport will require a valid US entry visa. Applying for a US visa is a lengthy process, which can take several weeks or even months. Therefore it is strongly recommended that: • All Visa Waiver nationals who hold a non-machine readable passport should obtain a MRP before their next visit to the USA. • Children travelling on a parent's passport (be it machine readable or non-machine readable) cannot benefit from the Visa Waiver Programme and should obtain their own MRP prior to travelling to the USA or request a visa. What is a Machine Readable Passport (MRP)? A MRP has the holders' personal details, e.g. name, date of birth, nationality and their passport number contained in two lines of text at the base of the photo page. This text may be read by machine. These 2 lines ...

  15. 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

  16. 78 FR 70392 - Waiver of Requirement To Enter Into a Reciprocal Waiver of Claims Agreement With All Customers...

    Science.gov (United States)

    2013-11-25

    ... Reciprocal Waiver of Claims Agreement With All Customers for Orbital Sciences Corporation AGENCY: Federal... waiver submitted to the Federal Aviation Administration (FAA) by Orbital Sciences Corporation (Orbital... provides opportunities for small satellite payloads to fly on rockets as part of research addressing...

  17. Noise and Hearing Protection

    Science.gov (United States)

    ... ENTCareers Marketplace Find an ENT Doctor Near You Noise and Hearing Protection Noise and Hearing Protection Patient ... it is. How can I tell if a noise is dangerous? People differ in their sensitivity to ...

  18. Genes and Hearing Loss

    Science.gov (United States)

    ... ENTCareers Marketplace Find an ENT Doctor Near You Genes and Hearing Loss Genes and Hearing Loss Patient ... mutation may only have dystopia canthorum. How Do Genes Work? Genes are a road map for the ...

  19. Buying a Hearing Aid

    Science.gov (United States)

    ... the aids? Start using your hearing aids in quiet surroundings, gradually building up to noisier environments. Then eventually work up to wearing your hearing aids all waking hours. Keep a diary to help you remember your ...

  20. OI Issues: Hearing Loss

    Science.gov (United States)

    ... signals normally to the brain. In addition, hearing losses are classified according to the degree of severity: • Mild, • Moderate, • Severe, • Profound. Hearing losses are also classified according to the sound frequency ...

  1. Hearing Loss: Screening Newborns

    Science.gov (United States)

    ... of this page please turn JavaScript on. Feature: Hearing Loss Screening Newborns Past Issues / Spring 2015 Table ... deafness, which account for most cases. Screening Newborns' Hearing Now Standard In 1993, children born in the ...

  2. Hearing and the cochlea

    Science.gov (United States)

    ... like structure that contains the receptor organ for hearing. The cochlea contains the spiral organ of Corti, which is the receptor organ for hearing. It consists of tiny hair cells that translate ...

  3. Occupational hearing loss

    Science.gov (United States)

    ... this page: //medlineplus.gov/ency/article/001048.htm Occupational hearing loss To use the sharing features on this page, please enable JavaScript. Occupational hearing loss is damage to the inner ear from noise ...

  4. The Supply of Judicial Labour: Optimising a Scarce Resource in Australia

    Directory of Open Access Journals (Sweden)

    Brian Opeskin

    2017-12-01

    Full Text Available Developed societies generate a multitude of controversies between their members, which need to be resolved fairly if society is to function well. Judicial officers play a central role in that process by hearing and determining disputes according to law, but they are costly and their long tenure entrenches labour market rigidities. This is an inconvenience for modern governments, as they attempt to keep the wheels of justice turning, while facing budgetary constraints that drive them to seek ever greater cost-efficiencies. This article surveys the ways in which governments in Australia have sought to optimise the judicial labour force by creating a more flexible and cost-effective supply. The system of justice that has evolved in response to these developments is a complex one, with many complementary parts. There is no unique solution to the question of how many judicial officers society needs to quell disputes because this goal can be achieved in different ways. But great care needs to be taken to ensure that government action to find flexible sources of labour to meet the demand for judicial dispute resolution does not come at too high a price in terms of respect for the rule of law. Las sociedades desarrolladas generan multitud de polémicas entre sus miembros, y éstas deben ser solucionadas de forma justa para que la sociedad funcione bien. Los agentes judiciales desempeñan un papel esencial en ese proceso, dado que atienden y solucionan disputas de acuerdo con el derecho, pero son agentes costosos y sus largas permanencias en el puesto perpetúan la rigidez del mercado laboral. Ello es un inconveniente para los gobernantes actuales, que intentan asegurar que el ejercicio de la justicia siga su curso, al tiempo que se enfrentan a limitaciones presupuestarias que los empujan a buscar una eficiencia en relación a los costes cada vez mayor. Este artículo estudia las maneras en las que los gobiernos de Australia han procurado optimizar la

  5. Relaciones entre el Congreso Nacional y el Poder Judicial: La Importancia de la Apertura

    Directory of Open Access Journals (Sweden)

    Sebastián Soto Velasco

    2007-01-01

    Full Text Available El presente trabajo analiza las relaciones entre el Congreso Nacional y el Poder Judicial a través de dos instituciones existentes en nuestro ordenamiento: el proceso de nombramiento de Ministros de la Corte Suprema y los informes que esta última envía al Congreso Nacional en ciertos proyectos de ley. En el caso de las nominaciones de Ministros a la Corte Suprema se estudia como ha operado el sistema desde la incorporación del Senado en 1997 hasta el año 2005. Se analiza cómo la transparencia del proceso, la posibilidad de conocer la historia profesional del nominado y audiencias abiertas contribuirían a incentivar una decisión centrada en criterios de calidad. El documento también se centra en el contenido y la influencia de los informes que envía la Corte Suprema al Congreso Nacional con ocasión de la tramitación de proyectos de ley que contienen normas que modifican la organización o atribuciones de los tribunales de justicia. En esta instancia, permitir el acceso a los informes también tendría positivas consecuencias. En definitiva, aunque hay otras vías de comunicación entre el Congreso y el Poder Judicial, se profundiza únicamente en las mencionadas pues del estudio se concluye que ambas tenderían a aumentar el potencial que de suyo ya tienen si se incorpora apertura en los procesosThis paper analyzes the relationship between the Chilean Congress and Judicial power, focusing on two institutions: the nomination process to appoint Supreme Court justices and the reports that the Supreme Court is constitutionally obligated to send to the Congress when specific types of bills are introduced. The appointment of Supreme Court candidates is studied from the Senate's incorporation in the process from 1997 until 2005. The author states that a more transparent process, including the publication of the candidate's backgrounds and public hearings, would increase the incentives to nominate the most qualified candidates. The paper also

  6. 42 CFR 423.2010 - When CMS, the IRE, or Part D plan sponsors may participate in an ALJ hearing.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false When CMS, the IRE, or Part D plan sponsors may... PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.2010 When CMS, the IRE... require, CMS, the IRE, and/or the Part D plan sponsor to participate in any proceedings before the ALJ...

  7. The King's Return: The Mutation In Classical Division Of Powers By Judicialization Of Social Relations And Judicial Activism

    Directory of Open Access Journals (Sweden)

    Kelly de Souza Barbosa

    2017-02-01

    Full Text Available Separation of powers is one of strongest aspects of contemporary constitutionalism, mostly to rationalize the exercise of state power. In Brazil, the 1988 Constitution provides as entrenchment clause to tripartition of powers. However, there is a change in paradigms, especially at the level of constitutional jurisdiction, through the phenomena of judicialization and judicial activism because the intervention of the Judiciary in the primary functions of other powers. Using deductive and descriptive method, bibliographical and documentary research, we tried to point out the harms that the invasive action of the Judiciary causes to the functional balance between the powers and democracy.

  8. International hearing protector standardization

    DEFF Research Database (Denmark)

    Poulsen, Torben

    2002-01-01

    Hearing protectors shall fulfill some minimum requirements to their performance. As hearing protector manufacturers sell the products all over the world, the testing and certification of hearing protectors has become an international issue. The ISO working group WG17 under the headlines Acoustics...

  9. Hearing Aids Communication

    DEFF Research Database (Denmark)

    Globally, hearing loss is the second most frequent disability. About 80% of the persons affected by hearing loss do not use hearing aids. The goal of this edited volume is to present a theoretically founded, interdisciplinary approach geared at understanding and improving social interaction...

  10. Deafness and Hearing Loss.

    Science.gov (United States)

    National Information Center for Children and Youth with Disabilities, Washington, DC.

    This brief overview provides information on the definition, incidence, and characteristics of children with hearing impairments and deafness. The federal definitions of hearing impairment and deafness are provided. The different types of hearing loss are noted, including: (1) conductive (caused by diseases or obstructions in the outer or middle…

  11. Hearing poorly with skill

    DEFF Research Database (Denmark)

    Day, Dennis

    2012-01-01

    This paper offers an account of ongoing research into hearing. I offer a characterization of 'skil- led practitioners' from an Ethnomethodological perspective. The skilled practitioner in question is a generic 'hard of hearing' person. The ambition is that such a characterization, both in its...... making and its final state, may be an intrinsic part of design practices concerning the development of hearing aids....

  12. 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)

  13. Iberian (South American) Model of Judicial Review: Toward Conceptual Framework

    Science.gov (United States)

    Klishas, Andrey A.

    2016-01-01

    The paper explores Latin American countries legislation with the view to identify specific features of South American model of judicial review. The research methodology rests on comparative approach to analyzing national constitutions' provisions and experts' interpretations thereof. The constitutional provisions of Brazil, Peru, Mexico, and…

  14. THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS

    Directory of Open Access Journals (Sweden)

    Gheorghe BOCSAN

    2018-05-01

    Full Text Available EU substantive law is based on a system of circulation freedoms which encompasses the idea that the Union, its internal market or other areas of legal rule, such as the area of freedom, security and justice are, above all, spaces of liberty, which rejects the limits represented before by internal borders. So, the essential EU integrative concepts could be formulated as free circulation principles or instruments aiming to such freedoms. The free movement of judgments and judicial decisions represents concomitantly the consequence and the expression formulated through freedom of circulation, which is specific to EU law, of the principle of mutual recognition of judgments and judicial decisions between member states in both civil and criminal matters. This principle is based upon the mutual trust that member states owes to each other. Finally, the study analyses the principle of mutual recognition in EU law as a transplant from the internal market in the judicial cooperation in criminal matters, which produces numerous application instruments, among them the first and most productive is the European Arrest Warrant. This paper studies also the common standard and paradigm that all instruments based upon the free movement of judgments and judicial decision have, amongst others: the warrant/order typology, direct communication between the competent authorities of Member States, elimination of the recognition procedure, the express mentioning of the mandatory and optional grounds of refusal, the partial removal of double criminality requirement etc.

  15. Quality of Judicial Organisation and checks and balances

    NARCIS (Netherlands)

    Ng, G.Y.

    2007-01-01

    This PhD project explores the possibility of creating a normative way of assessing quality of the judicial organisation by arguing that legitimacy is related to the functioning of the organisation. This further leads to the idea that the judiciary can be held constitutionally accountable for its

  16. 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)

  17. 17 CFR 10.106 - Reconsideration; stay pending judicial review.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Reconsideration; stay pending... COMMISSION RULES OF PRACTICE Appeals to the Commission; Settlements § 10.106 Reconsideration; stay pending... operate to stay the effective date of the Commission's order. (b) Stay pending judicial appeal—(1...

  18. A Call for Restorative Justice in Higher Education Judicial Affairs

    Science.gov (United States)

    Clark, Karen L.

    2014-01-01

    This paper aims to provide support for post-secondary institutions' exploring and implementing restorative justice in their judicial practices. Although restorative principles have been employed successfully across the globe in criminal proceedings and K-12 education, most colleges and universities have not yet embraced this practice. By exploring…

  19. Judicial Enforcement of Economic, Social and Cultural Right

    Directory of Open Access Journals (Sweden)

    Aulona Haxhiraj

    2013-07-01

    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.

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

    African Journals Online (AJOL)

    Dr. Loammi Wolf

    The normative quality of pre-conviction equality is therefore much ..... not signal a relationship of subordination typical of an internal executive hierarchy. .... The Judicial Service Commission in South Africa usually consists of ...... he was sighted at an upmarket French restaurant where a lunch party was held to celebrate his.

  1. 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…

  2. 41 CFR 128-1.8010 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... procedural, enforceable at law by a party against the Department of Justice, its Seismic Safety Coordinators... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Judicial review. 128-1... Regulations System (Continued) DEPARTMENT OF JUSTICE 1-INTRODUCTION 1.80-Seismic Safety Program § 128-1.8010...

  3. How Many Cases? Assessing the Comparability of EU Judicial Datasets

    NARCIS (Netherlands)

    E.A. Ontanu (Elena); M Velicogna (Marco); F. Contini (Francesco)

    2017-01-01

    markdownabstractEfficiency is often considered a key component of any effective justice system, and a crucial drive for economic growth. A growing body of comparative studies explores how judicial reforms leading to a greater efficiency or effectiveness are positively correlated with economic growth

  4. Judicial Reform Pursuits in Ethiopia, 2002-2015:

    African Journals Online (AJOL)

    EN_Stebek

    research on specific themes related with judicial reform. 1 Report and ... focused on legal education and law reform; the second, on basic needs legal aid; the third ... realities that brought about the challenges in achievement because the most .... (a) when the judiciary's public reputation for political impartiality and rectitude.

  5. 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

  6. 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

  7. Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

    Directory of Open Access Journals (Sweden)

    David Kosař

    2017-03-01

    Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.

  8. 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

  9. 44 CFR 5.8 - Records involved in litigation or other judicial process.

    Science.gov (United States)

    2010-10-01

    ... litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY... Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United...

  10. 25 CFR 11.438 - Flight to avoid prosecution or judicial process.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Flight to avoid prosecution or judicial process. 11.438... OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.438 Flight to avoid prosecution or judicial process... Offenses exercises jurisdiction for the purpose of avoiding arrest, prosecution or other judicial process...

  11. 40 CFR 123.30 - Judicial review of approval or denial of permits.

    Science.gov (United States)

    2010-07-01

    ... permitting process. A State will meet this standard if State law allows an opportunity for judicial review... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Judicial review of approval or denial... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of...

  12. Music and hearing aids.

    Science.gov (United States)

    Madsen, Sara M K; Moore, Brian C J

    2014-10-31

    The signal processing and fitting methods used for hearing aids have mainly been designed to optimize the intelligibility of speech. Little attention has been paid to the effectiveness of hearing aids for listening to music. Perhaps as a consequence, many hearing-aid users complain that they are not satisfied with their hearing aids when listening to music. This issue inspired the Internet-based survey presented here. The survey was designed to identify the nature and prevalence of problems associated with listening to live and reproduced music with hearing aids. Responses from 523 hearing-aid users to 21 multiple-choice questions are presented and analyzed, and the relationships between responses to questions regarding music and questions concerned with information about the respondents, their hearing aids, and their hearing loss are described. Large proportions of the respondents reported that they found their hearing aids to be helpful for listening to both live and reproduced music, although less so for the former. The survey also identified problems such as distortion, acoustic feedback, insufficient or excessive gain, unbalanced frequency response, and reduced tone quality. The results indicate that the enjoyment of listening to music with hearing aids could be improved by an increase of the input and output dynamic range, extension of the low-frequency response, and improvement of feedback cancellation and automatic gain control systems. © The Author(s) 2014.

  13. Music and Hearing Aids

    Directory of Open Access Journals (Sweden)

    Sara M. K. Madsen

    2014-10-01

    Full Text Available The signal processing and fitting methods used for hearing aids have mainly been designed to optimize the intelligibility of speech. Little attention has been paid to the effectiveness of hearing aids for listening to music. Perhaps as a consequence, many hearing-aid users complain that they are not satisfied with their hearing aids when listening to music. This issue inspired the Internet-based survey presented here. The survey was designed to identify the nature and prevalence of problems associated with listening to live and reproduced music with hearing aids. Responses from 523 hearing-aid users to 21 multiple-choice questions are presented and analyzed, and the relationships between responses to questions regarding music and questions concerned with information about the respondents, their hearing aids, and their hearing loss are described. Large proportions of the respondents reported that they found their hearing aids to be helpful for listening to both live and reproduced music, although less so for the former. The survey also identified problems such as distortion, acoustic feedback, insufficient or excessive gain, unbalanced frequency response, and reduced tone quality. The results indicate that the enjoyment of listening to music with hearing aids could be improved by an increase of the input and output dynamic range, extension of the low-frequency response, and improvement of feedback cancellation and automatic gain control systems.

  14. 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.

  15. 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.

  16. The Judicial Regime of Danube Navigation between 1856- 1919

    Directory of Open Access Journals (Sweden)

    Constantin Tănase

    2015-08-01

    Full Text Available The basics of the judicial regime of Danube navigation, in the moern sens of the term, were inserted in the Peace Treaty in Paris, March 30, 1856, concluded at the end of Crimeea War. This judicial act of international law ended a situation in the area of the large European river where the rules were imposed by the big empires of Austria, Turkey and Russia, according to their interests. The rights and interests of the riverains such as the Romanian states, Serbia, Bulgari etc. were ignored and brutally violated. Until 1919, the European Danube Commission, institution created by the Paris Treaty, has contributed to the modernization of the lower Danube and development of navigation in this sector. This paper aims at clarifying to a certain extent the circumstances of the regulation of navigation during the reference period of time in this naval sector.

  17. 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.

  18. Constitutional provisions on judicial independence and EU standards

    Directory of Open Access Journals (Sweden)

    Kolaković-Bojović Milica

    2016-01-01

    Full Text Available Implementation of the 'Checks and balances' principle as one of the milestones in modern democracies, demonstrates its full complexity when it comes to balancing guaranties of judicial independence and the need to prevent misinterpretation or abuse of the rights. Additional issue in that process is determination of the border line between constitutional and guaranties of judicial independence prescribed by law. Raising that issue opens various questions which go beyond the legal framework itself. It actually tackles the historical, political and cultural country background. Furthermore, if analyzed from the prospective of the requirements defined in the accession negotiation process with the EU, constitutional guaranties of (nonapplication of the EU standards might demotivate candidate countries in their efforts to achieve substantial reform results.

  19. Disability inquiries shorn from Chicago's judicial review process.

    Science.gov (United States)

    1997-03-07

    The Chicago Bar Association changed the wording of the questions it routinely asks judicial candidates for election and appointment to the bench. Prior to the change, the request for information was so broad that the bar association could learn the candidate's HIV status through a questionnaire that gave the result of the candidate's last physical examination. The new wording better reflects the spirit and intent of the Americans with Disabilities Act (ADA).

  20. THE CLUSTER- AN ENTITY WITH OR WITHOUT JUDICIAL PERSONALITY

    Directory of Open Access Journals (Sweden)

    Diana Anca Artene

    2014-11-01

    Full Text Available As a result of the integration within the European Union, in the economical and social life of Romania, new judicial entities have been developed. The cluster is amongst the most recent advent in the judicial spectre. The cluster represents a group of people both individuals and legal persons which is considered to act on the basis of an association contract conceptualized under the existent agreements of the organizations found within the spectrum of science and accredited innovation and/or accredited higher education institutions ,as well as, other noncommercial institutions. At the same time, economic agents, local public administrative authorities, employers` or professionals associations, non-judicial individuals, financial institutions, international organizations, local and foreign investors are relevant for the emergence of the scientific and educational research activities, as well as for the technological transfer of the scientific and innovative results and their valorisation through economical activities. 2 Therefore, it can be argued that the cluster has appeared as a result of the necessity to create a proper environment that would reunite the business partners in order to develop common resources and competences. These are based on similar marketing strategies, the participation to similar projects and initiatives, the opportunity to create a brand, etc. An additional circumstance that has determined the development of this entity in its more recent form, is represented by the possibility of ensuring (at least in a pageant manner the independence for every partner on the basis of the dualism between competition- cooperation. The cluster can be organized as an entity with or without judicial personality. The definition of the cluster makes us reflect upon the ways in which it can be constituted: legal person with lucrative purpose, legal person without lucrative purpose, association without legal personality (simple association of

  1. The Role of Communication in the French Judicial System

    OpenAIRE

    Emmanuel Jeuland; Anastasia Sotiropoulou

    2012-01-01

    Communication has recently acquired a central role in the French judicial system. Being an integral part of the management of courts, it is crucial in building the image of justice, as it can affect procedural principles, in particular, the principles of impartiality and of reasonable time. A good image of justice promotes the appearance of efficiency and impartiality. Justice has not only to be fair, but also to be seen as such, according to the well-known proverb.

  2. The Role of Communication in the French Judicial System

    Directory of Open Access Journals (Sweden)

    Emmanuel Jeuland

    2012-12-01

    Full Text Available Communication has recently acquired a central role in the French judicial system. Being an integral part of the management of courts, it is crucial in building the image of justice, as it can affect procedural principles, in particular, the principles of impartiality and of reasonable time. A good image of justice promotes the appearance of efficiency and impartiality. Justice has not only to be fair, but also to be seen as such, according to the well-known proverb.

  3. A judicial review of political questions under Islamic law

    OpenAIRE

    Abdulfatai O. Sambo; Hunud Abia Kadouf

    2014-01-01

    The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review ...

  4. Public Politics of Health and Aspects of its Judicialization

    OpenAIRE

    Rafael Fernando dos Santos; Angelina Cortelazzi Bolzam

    2015-01-01

    This article was elaborated in order to analyze issues relating to the judicialization of cases involving health, understanding health as a public policy aimed at to guarantee the fundamental right to it linked, that is, the concept of health that the authos intended to work is not far from that contained in the combined reading of Articles 6 and 196 of the Constitution, consecrators to be the health, universal right and duty of the state, guaranteed through social and economic policies aimed...

  5. 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.

  6. 38 CFR 1.969 - Revision of waiver decisions.

    Science.gov (United States)

    2010-07-01

    ... chapter because of a difference of opinion, the effective date of waiver will be governed by the principle... filing of administrative appeals and the time limits for filing such appeals. (c) Difference of opinion...

  7. 75 FR 39617 - Petition for Waiver of Compliance

    Science.gov (United States)

    2010-07-09

    ...'s arguments in favor of relief. Middletown & Hummelstown Railroad [Waiver Petition Docket Number FRA...'' because of the high costs of FRA Type I and Type II Glazing, as opposed to the very low incidences of...

  8. Management of Contract Waivers and Deviations for Defense Systems

    National Research Council Canada - National Science Library

    1998-01-01

    This report is the fourth and final in a series of reports resulting from our audit of management of contract waivers and deviations for Defense systems and summarizes our overall evaluation. Report...

  9. 78 FR 1933 - Petition for Waiver of Compliance

    Science.gov (United States)

    2013-01-09

    ...-Locomotives, Passenger Cars and Cabooses for six cars. The car numbers of those six cars are: FGLK 7201, FGLK... Part 223-compliant glazing. Since the last waiver request was granted by FRA, FGLK replaced 22 pieces...

  10. 31 CFR 360.90 - Waiver of regulations.

    Science.gov (United States)

    2010-07-01

    ... STATES SAVINGS BONDS, SERIES I Miscellaneous Provisions § 360.90 Waiver of regulations. The Commissioner... unnecessary hardship: (a) If such action would not be inconsistent with law or equity; (b) If it does not...

  11. 45 CFR 1634.12 - Emergency procedures and waivers.

    Science.gov (United States)

    2010-10-01

    ... COMPETITIVE BIDDING FOR GRANTS AND CONTRACTS § 1634.12 Emergency procedures and waivers. The President of the... requirements imposed by law on the awards of grants and contracts for a particular fiscal year. ...

  12. 75 FR 76780 - Petition for Waiver of Compliance

    Science.gov (United States)

    2010-12-09

    ... private partnership in Woodland in the State of California, have petitioned FRA for a permanent waiver of... scenic, long- distance routes through rural countryside (outside high-risk, dense urban areas), which are...

  13. 12 CFR 1402.23 - Waiver or reduction of fees.

    Science.gov (United States)

    2010-01-01

    ... significantly to public understanding of the operations or activities of the Government, and the disclosure of... Corporation may grant a waiver or reduction of fees if the Farm Credit System Insurance Corporation determines...

  14. 29 CFR 501.5 - Waiver of rights prohibited.

    Science.gov (United States)

    2010-07-01

    ... OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE... public policy except as follows: (a) Waivers or modifications of rights or obligations hereunder in favor...

  15. 29 CFR 502.4 - Waiver of rights prohibited.

    Science.gov (United States)

    2010-07-01

    ... OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE... public policy, except that a waiver or modification of rights or obligations hereunder in favor of the...

  16. 75 FR 12810 - Petition for Waiver of Compliance

    Science.gov (United States)

    2010-03-17

    ... DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In... Switching Service, 49 CFR Part 224 Reflectorization of Rail Freight Rolling Stock, and 49 CFR Part 229...

  17. 76 FR 19077 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to...

    Science.gov (United States)

    2011-04-06

    ... technology. Specifically, DOE granted GE, Whirlpool, Electrolux (3 waivers), LG, Samsung (2 waivers), and...- freezer products for compliance, marketing, or other purposes only to the extent that such products have...

  18. 76 FR 21881 - Energy Conservation Program for Consumer Products: Notice of Petition for Waiver of Samsung...

    Science.gov (United States)

    2011-04-19

    ... Conservation Program for Consumer Products: Notice of Petition for Waiver of Samsung Electronics America, Inc... comments. SUMMARY: This notice announces receipt of and publishes the Samsung Electronics America, Inc. (Samsung) petition for waiver and application for [[Page 21882

  19. 77 FR 13109 - Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy...

    Science.gov (United States)

    2012-03-05

    ... for Waiver of Samsung Electronics America, Inc. From the Department of Energy Residential Refrigerator... the Samsung Electronics America, Inc. (Samsung) petition for waiver (hereafter, ``petition'') from... consumption of electric refrigerators and refrigerator-freezers. In its petition, Samsung provides an...

  20. 25 CFR 1000.227 - What happens if the Secretary denies the waiver request?

    Science.gov (United States)

    2010-04-01

    ... INTERIOR ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Waiver of Regulations § 1000.227 What happens if the Secretary denies the waiver...

  1. 25 CFR 1000.228 - What are examples of waivers prohibited by law?

    Science.gov (United States)

    2010-04-01

    ... ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Waiver of Regulations § 1000.228 What are examples of waivers prohibited by law...

  2. 25 CFR 1000.226 - On what basis may the Secretary deny a waiver request?

    Science.gov (United States)

    2010-04-01

    ... INTERIOR ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Waiver of Regulations § 1000.226 On what basis may the Secretary deny a waiver...

  3. 75 FR 28077 - Small Business Size Standards: Waiver of the Nonmanufacturer Rule

    Science.gov (United States)

    2010-05-19

    ... class waiver of the Nonmanufacturer Rule for Improved Outer Tactical Vests and related accessories under... Class Waiver for Improved Outer Tactical Vests, PSC 8470, NAICS code 339113, Federal Register Notice...

  4. 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.

  5. Hearing aid adjustment

    DEFF Research Database (Denmark)

    Heinemann, Trine; Matthews, Ben; Raudaskoski, Pirkko Liisa

    2012-01-01

    to the interaction during hearing aid fitting. This report of a Danish pilot study describes two such problems. The first problem arises from the requirement that the audiologist needs to ‘translate’ the patient’s subjective hearing description for making technological decisions. The second problem is the way...... in which the hearing aid user’s implicit and often unrealistic expectations are handled. This kind of research has potential application for developing a model of best practices....

  6. Noise-Induced Hearing Loss

    Science.gov (United States)

    ... Home » Health Info » Hearing, Ear Infections, and Deafness Noise-Induced Hearing Loss On this page: What is ... I find additional information about NIHL? What is noise-induced hearing loss? Every day, we experience sound ...

  7. Hearing Conservation Live #2430

    Energy Technology Data Exchange (ETDEWEB)

    Chochoms, Michael [Los Alamos National Lab. (LANL), Los Alamos, NM (United States)

    2016-08-09

    Occupational hearing loss is one of the most common work-related illnesses in the United States (US). From 22 to 30 million US workers are exposed to hazardous noise levels at work, and 25% of these workers will develop permanent hearing loss. Hearing loss from noise is slow and painless, and you can have a disability before you notice it. This course presents the hazards associated with workplace noise, the purpose and elements of the Los Alamos National Laboratory (LANL) Hearing Conservation Program (HCP), and controls that are available to reduce your exposure to hazardous levels of noise.

  8. O Judicial Review e o ativismo judicial da Suprema Corte americana na proteção de direitos fundamentais

    Directory of Open Access Journals (Sweden)

    Estefania Maria de Queiroz Barboza

    2016-12-01

    Full Text Available Resumo: No presente artigo examinaram-se as origens históricas do judicial review nos Estados Unidos da América desde o caso Marbury v. Madison até a Corte Burger, bem como os reflexos de sua concepção no chamado “ativismo judicial” norte-americano, o qual acabou por priorizar o papel da jurisdição constitucional na proteção dos direitos fundamentais garantidos na Constituição, mesmo que isso implicasse enfrentar questões tipicamente políticas. Ou seja, apresentaram-se casos nos quais a Suprema Corte atuou de forma ativista especialmente na proteção de direitos fundamentais, embora em outros momentos tenha atuado justamente no sentido contrário, como na Era Lochner, numa postura conservadora em relação à proteção de direitos. Palavras-chave: Ativismo judicial. Suprema Corte. Estados Unidos. Judicial Review.

  9. 76 FR 80916 - Publication of the Petition for Waiver From Samsung Electronics America, Inc. and Granting of the...

    Science.gov (United States)

    2011-12-27

    ...] Publication of the Petition for Waiver From Samsung Electronics America, Inc. and Granting of the Interim... notice announces receipt of and publishes a petition for waiver from Samsung Electronics America, Inc. (Samsung). The petition for waiver (hereafter ``petition'') requests a waiver from the U.S. Department of...

  10. 42 CFR 460.28 - Notice of CMS determination on waiver requests.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Notice of CMS determination on waiver requests. 460... CMS determination on waiver requests. (a) Time limit for notification of determination. Within 90 days after receipt of a waiver request, CMS takes one of the following actions: (1) Approves the request. (2...

  11. 40 CFR 51.360 - Waivers and compliance via diagnostic inspection.

    Science.gov (United States)

    2010-07-01

    ... to qualify for a waiver. These model year cutoffs and the associated dollar limits shall be in full... case of economic hardship when waiver requirements have not been met. After having received a time... efforts include a comprehensive review of waiver issuance. (2) The program shall include methods of...

  12. 25 CFR 900.145 - On what basis may the Secretary deny a waiver request?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 2 2010-04-01 2010-04-01 false On what basis may the Secretary deny a waiver request... EDUCATION ASSISTANCE ACT Waiver Procedures § 900.145 On what basis may the Secretary deny a waiver request... written finding. The finding must clearly demonstrate (or be supported by controlling legal authority...

  13. Effects of Moral Conduct Waivers on First-Term Attrition of U.S. Army Soldiers

    Science.gov (United States)

    2008-03-01

    Stephen L. Mehay Co-Advisor Robert N. Beck Dean, Graduate School of Business and Public Policy iv THIS PAGE INTENTIONALLY LEFT BLANK v...GUARD RECRUITING CENTER. Other Waiver BAA DEPENDENCY OF A MILITARY SPOUSE WAIVER GRANTED BY THE HIGHEST AUTHORITY LEVEL. Other Waiver BAB

  14. 48 CFR 952.227-84 - Notice of right to request patent waiver.

    Science.gov (United States)

    2010-10-01

    ... patent waiver. 952.227-84 Section 952.227-84 Federal Acquisition Regulations System DEPARTMENT OF ENERGY... Notice of right to request patent waiver. Include this provision in all appropriate solicitations in accordance with 48 CFR 927.409(t). Right To Request Patent Waiver (FEB 1998) Offerors have the right to...

  15. Is a driver's license age waiver worth a teen's life?

    Science.gov (United States)

    Porter, Dawn M; Miller, Beverly K; Mullins, Samantha H; Porter, Mary E; Aitken, Mary E

    2018-04-10

    Motor vehicle crashes are the leading cause of death for teens 14-19 years of age, with younger teen drivers at higher risk than older teens. Graduated driver licensing has been proven to reduce teen driver-related motor vehicle crashes and fatalities. Arkansas allows parents to request age waivers, which allow a teen to obtain a license for independent driving before the sixteenth birthday. The objectives of this study were to: (1) determine the prevalence of age waivers issued in Arkansas and (2) determine motor vehicle crash risks associated with 14 and 15 year old drivers. This is a brief report on an informative query exploring risk factors related to age waivers. Publicly available databases were utilized for across state comparisons. The Web-based Injury Statistics Query and Reporting Systems (WISQARS) was utilized to calculate motor vehicle crash crude death rates. National Highway Traffic Safety Administration data were utilized to identify seat belt use rates. The Fatal Analysis Reporting System (FARS) was utilized to identify crash fatality risks for 14 and 15 year old drivers in Arkansas (N = 24). Age waiver data were obtained from the Arkansas Driver Control Administration. De-identified data on fatal crashes and rates of age waiver issuance in Arkansas for 14 and 15 year olds from 2004 through 2016 were calculated. We reviewed crash data for 14 and 15 year old drivers in Arkansas between 2004 and 2014 to determine fatality risks. Thirty-one out of seventy-five counties in Arkansas were above the state age waiver issuance rate of 30.4 per 1000 14 to 15 year old teens. Among the four states that had similar age waivers for 14 to 15 year olds, Arkansas had the highest motor vehicle death rate of 10.2 per 100,000 young teens and the lowest seat belt use rate at 73%. Arkansas had the highest reported teen crash fatality rates among 4 states with age waivers. The volume of age waivers issued in Arkansas is concerning. Further research is needed

  16. 20 CFR 667.840 - Is there an alternative dispute resolution process that may be used in place of an OALJ hearing?

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Is there an alternative dispute resolution... WORKFORCE INVESTMENT ACT Administrative Adjudication and Judicial Review § 667.840 Is there an alternative dispute resolution process that may be used in place of an OALJ hearing? (a) Parties to a complaint which...

  17. Hereditary Hearing Loss.

    Science.gov (United States)

    Tran, LenhAnh P.; Grundfast, Kenneth M.

    1997-01-01

    This article discusses inheritance patterns in hearing loss, epidemiology, clues to genetic causes, locating genes that cause hereditary disorders, genes related to hearing loss disorders in individuals with Usher syndrome, Waardenburg syndrome, Treacher-Collins syndrome, Branchio-oto-renal and Pendred syndromes, and the significance of finding…

  18. The Konrad hearing

    International Nuclear Information System (INIS)

    Thomauske, B.

    1993-01-01

    The paper provides an interim assessment: Attempts to break off early the hearing failed. Neither have significant points be found which would provide a technically motivated reason for reexamination. After the hearing, a positive plan approving decision should be taken as soon as possible. The discussion about the energy-policy consensus will have its effects on this. (orig./HSCH) [de

  19. 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

  20. 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.

  1. 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.

  2. Individual Hearing Loss

    Directory of Open Access Journals (Sweden)

    Sébastien Santurette

    2016-06-01

    Full Text Available It is well-established that hearing loss does not only lead to a reduction of hearing sensitivity. Large individual differences are typically observed among listeners with hearing impairment in a wide range of suprathreshold auditory measures. In many cases, audiometric thresholds cannot fully account for such individual differences, which make it challenging to find adequate compensation strategies in hearing devices. How to characterize, model, and compensate for individual hearing loss were the main topics of the fifth International Symposium on Auditory and Audiological Research (ISAAR, held in Nyborg, Denmark, in August 2015. The following collection of papers results from some of the work that was presented and discussed at the symposium.

  3. A Democratic Ideal? From Judicial Activism to Constitutionalization of Law

    Directory of Open Access Journals (Sweden)

    Luisa Fernanda García López

    2013-12-01

    Full Text Available The constitutionalization of law in Colombia is due to an active participation of the judge, in particular, of the constitutional judge. The judicial precedent source of law is an example of the inclusion of the judge on the constitutional stage as guarantor of democracy and law. The democratic ideal irreversibly includes the constitutional judge and his interpretations. The overinterpretation of law answers to a broad interpretation of the Constitution and to a building of norms that contribute something to fill the gaps in the law. Thus eoconstitutionalism is constitutionalizing the juridical order.

  4. 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

  5. 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.

  6. Autorización judicial de entrada en el domicilio y potestades administrativas: extensión del ámbito protegido, cuestiones procedimentales y proporcionalidad

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Ruiz López

    2013-10-01

    Full Text Available El ejercicio de las potestades administrativas suscita una consideración desde la perspectiva del derecho fundamental a la inviolabilidad del domicilio. ¿Pero todos los lugares a los que puede acceder la Administración en el ejercicio de sus potestades constituyen domicilio, en el sentido constitucional del término? ¿Puede afirmarse que la autorización judicial es preceptiva en todos los supuestos específicos de ejercicio de potestades administrativas? En el presente trabajo se analiza la jurisprudencia constitucional y contencioso-administrativa recaída en torno al concepto de domicilio constitucional, con especial atención a su aplicación en el ámbito de las potestades administrativas. Asimismo se examinan las reglas y principios esenciales aplicables al procedimiento judicial cuando es precisa la autorización de entrada administrativa, con alusión a la competencia para otorgarla, al trámite de audiencia y al contenido mismo de la resolución judicial. The exercise of administrative powers can be analyzed from the perspective of the fundamental right to the inviolability of the home. Every place where administrative entry is possible, could be considered home in the constitutional sense of the term? Is always required authorization in any case of administrative powers exercise? This paper examines the Spanish constitutional and administrative case law around the concept of constitutional home; particularly from administrative powers point of view. It also focuses on the rules and principles applicable to judicial proceedings when entry authorization is needed, with reference to the power to grant it, the hearing process and the content of the judgment.

  7. Sexual Harassment in Employment: Recent Judicial and Arbitral Trends.

    Science.gov (United States)

    Aeberhard-Hodges, Jane

    1996-01-01

    Review of national legislation and key cases on sexual harassment in North America, Europe, Asia, and Africa identified the following trends: recognition of harassment as employment discrimination, the importance of the legal framework used and the composition of the hearing body, the issue of individual or employer liability, and the influence of…

  8. 32 CFR 776.67 - Judicial and legal officers.

    Science.gov (United States)

    2010-07-01

    ... PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE COGNIZANCE AND SUPERVISION OF THE JUDGE ADVOCATE GENERAL... covered attorney shall not make a statement that the covered attorney knows to be false or with reckless... officer, hearing officer, adjudicatory officer, or public legal officer, or of a candidate for election or...

  9. 78 FR 5556 - Public Hearing

    Science.gov (United States)

    2013-01-25

    ... SUSQUEHANNA RIVER BASIN COMMISSION Public Hearing AGENCY: Susquehanna River Basin Commission. ACTION: Notice. SUMMARY: The Susquehanna River Basin Commission will hold a public hearing on February 14, 2013, in Harrisburg, Pennsylvania. At this public hearing, the Commission will hear testimony on the...

  10. 77 FR 64576 - Public Hearing

    Science.gov (United States)

    2012-10-22

    ... SUSQUEHANNA RIVER BASIN COMMISSION Public Hearing AGENCY: Susquehanna River Basin Commission. ACTION: Notice. SUMMARY: The Susquehanna River Basin Commission will hold a public hearing on November 15, 2012, in Harrisburg, Pennsylvania. At this public hearing, the Commission will hear testimony on the...

  11. 78 FR 43961 - Public Hearing

    Science.gov (United States)

    2013-07-22

    ... SUSQUEHANNA RIVER BASIN COMMISSION Public Hearing AGENCY: Susquehanna River Basin Commission. ACTION: Notice. SUMMARY: The Susquehanna River Basin Commission will hold a public hearing on August 15, 2013, in Harrisburg, Pennsylvania. At this public hearing, the Commission will hear testimony on the...

  12. 77 FR 44703 - Public Hearing

    Science.gov (United States)

    2012-07-30

    ... SUSQUEHANNA RIVER BASIN COMMISSION Public Hearing AGENCY: Susquehanna River Basin Commission. ACTION: Notice. SUMMARY: The Susquehanna River Basin Commission will hold a public hearing on August 23, 2012, in Harrisburg, Pennsylvania. At this public hearing, the Commission will hear testimony on the...

  13. 78 FR 64260 - Public Hearing

    Science.gov (United States)

    2013-10-28

    ... SUSQUEHANNA RIVER BASIN COMMISSION Public Hearing AGENCY: Susquehanna River Basin Commission. ACTION: Notice. SUMMARY: The Susquehanna River Basin Commission will hold a public hearing on November 13, 2013, in Harrisburg, Pennsylvania. At this public hearing, the Commission will hear testimony on the...

  14. Efficient evaluation of hearing ability

    NARCIS (Netherlands)

    2009-01-01

    A system for establishing a hearing ability model of a hearing ability of a person, includes a data storage configured to store a representation of a distribution of a hearing ability of a population of individuals, and a processor configured to establish a hearing ability model representing a

  15. A informalidade como forma: os acordos no fazer judicial do Tribunal do Júri.

    Directory of Open Access Journals (Sweden)

    Izabel Saenger Nuñez

    2016-04-01

    Full Text Available Resumo:  O presente paper trata dos acordos informais, entre defesa e acusação, que acontecem nos processos em trâmite no Tribunal do Júri. A análise desses mecanismos informais mostra como os processos são administrados e fala sobre a “sensibilidade jurídica” inquisitorial presente no “fazer judicial” brasileiro. Analisar os “acordos” informais e a maneira como eles se estabelecem mostra como as decisões formais no processo judicial são, muitas vezes, informadas por “valores morais” e “moralidades situacionais” em contexto e determinam a ação dos agentes no campo. Para sustentar meu argumento, portanto, parto da descrição de três “acordos” presenciados em audiências de instrução e julgamento e um caso de estupro, no qual não houve acordo, embora houvesse “convergência moral” quanto ao seu desfecho. Palavras-chave: Tribunal do Júri; Moralidades; Valores Morais; Interação  *** Resumen: Este artículo trata sobre los "acuerdos" informales entre defensa y acusación que ocurren en los casos en trámite en el Tribunal do Juri. El análisis de estos mecanismos informales da cuenta, en primer lugar, de la administración judcial de los casos y, en segundo lugar, de la presencia de la "sensiblidad jurídica" inquisitorial en el "hacer judicial" brasileño. Analizar los "acuerdos" informales y la forma como ellos se establecen muestra cómo las decisiones formales en el proceso judicial son, frecuentemente, informadas por "valores morales" y "moralidades situacionales" construídas en un contexto particular, las cuales determinan la acción de los agentes en el campo. Para dar cuenta de ello, describo tres "acuerdos" observados en audiencias de "instrucción" y "juicio" en un caso de violación, en el cual no hubo acuerdo consenso a pesar de existir "convergencia moral" en relación a su desenlace. Palabras clave: Tribunal do Juri, Moralidades situacionales, Valores morales, Interacción  *** Abstract

  16. 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.

  17. Juristocracy in Brazil Ran Hirschl's Perspective About Judicial Empowerment

    Directory of Open Access Journals (Sweden)

    Claudia Maria Barbosa

    2015-12-01

    Full Text Available Within the classical view of separation of powers, the judiciary originally occupied the weaker position. What is observed today, however, is a displacement of power from representative institutions to the judiciary, erecting a new kind of political regime that the Canadian political scientist Ran Hirschl called juristocracy. This paper intends to discuss this movement basing on the idea of hegemonic preservation, presented by Hirschl in his work Towards Juristocracy whose central hypothesis is that the political, economic and social elites voluntarily transfer power to the judiciary, when threatened of losing their hegemony in the political sphere. In Brazil, the 1988 Constitution turned the Supreme Court into one of the world's most powerful courts, which works at the same time as constitutional court, court of appeals and criminal court, responsible for deciding the most fundamental issues for brazilian society. We present at first, the examples used by Hirschl to illustrate his thesis about the judicial empowerment through constitutionalization, analyzing the political and economic changes in recent history of Israel, Canada, New Zealand and South Africa, followed by an analysis of the phenomenon in Brazil. We conclude that it is not possible to determine, in principle, the occurrence of hegemonic preservation in Brazil, but that Hirschl's analysis that offers an answer that challenges the traditional view on the judicialization of politics, contributes to the discussion and analysis of the phenomenon in Brazil.

  18. ['Judicialization' of public health policy for distribution of medicines].

    Science.gov (United States)

    Chieffi, Ana Luiza; Barata, Rita Barradas

    2009-08-01

    The supply of medicines in response to court orders or injunctions has become a common practice in the State of São Paulo, Brazil. This 'judicialization' of the health system clashes with basic principles of the Brazilian Unified National Health System (SUS), such as equal opportunity to access health services. The aim of this paper is to analyze the legal action used to obtain medicines through the São Paulo State Health Department, from two main angles: judicialization of public policies and breach of the equity principle. This is a descriptive study of legal action taken to obtain medicines through the São State Health Department, as listed in the Electronic Court Docket System for the year 2006. Most cases were filed through private attorneys; 47% of the patients had obtained their prescriptions through private care; and 73% of the cases involved patients from the three wealthiest areas in the city of São Paulo. The data demonstrate that such legal action violates key principles of the SUS such as equity, thereby privileging individuals with higher purchasing power and more access to information.

  19. Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union

    DEFF Research Database (Denmark)

    Butler, Graham

    2018-01-01

    incrementally shaping the law of EU external relations, and determining the manner in which the Union may enter into formal international relations. Understanding the Court’s importance in this field has been done time and again, but yet, consideration of the pre-ratification judicial review option, available...... for how ex ante judicial review can work in developing the Union into an even more enhanced global actor, through its own unique judicial order....

  20. Hearing Aid Personalization

    DEFF Research Database (Denmark)

    Nielsen, Jens Brehm; Nielsen, Jakob; Jensen, Bjørn Sand

    2013-01-01

    Modern digital hearing aids require and offer a great level of personalization. Today, this personalization is not performed based directly on what the user actually perceives, but on a hearing-care professional’s interpretation of what the user explains about what is perceived. In this paper......, an interactive personalization system based on Gaussian process regression and active learning is proposed, which personalize the hearing aids based directly on what the user perceives. Preliminary results demonstrate a significant difference between a truly personalized setting obtained with the proposed system...

  1. 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.

  2. The Principle of Judicial Cooperation New Code of Civil Procedure: An Analysis Protection from the Worker Front of the Institute of Judicial Recovery

    Directory of Open Access Journals (Sweden)

    Patricia Fernandes Bega

    2016-10-01

    Full Text Available The article is subject to study the Principle of Judicial Cooperation. The problem of research focuses on the conflict between the institution of bankruptcy and labor laws. The initial hypothesis is that the principle of protection to workers and the Judicial Recovery Institute reveal clash, contradiction and non-cooperation. In this way, the work seeks to demonstrate that the procedural rule of judicial cooperation brought about by the new CPC is an instrument of dialogue between material contradictions. The objective is to analyze the new civil procedure code and the difficulty to cooperate the irreconcilable. The method used was deductive.

  3. Introduction to audiology: Some basics about hearing loss, hearing technologies and barriers to hearing aid use

    DEFF Research Database (Denmark)

    Mourtou, Eleni; Meis, Markus

    2012-01-01

    This chapter provides background information for researchers who wish to become familiar with some basic medical and audiological aspects of hearing loss and the technology of hearing aids. It introduces (1) the disciplines involved in research on hearing loss, (2) the medical categories of hearing...... loss and their various effects on communication, (3) the different degrees of hearing loss as defined by different national and international organizations, (4) statistics on the preva- lence of hearing loss worldwide, (5) some technological aspects of hearing instruments, (6) sta- tistics on non...

  4. Hearing Conservation Team

    Data.gov (United States)

    Federal Laboratory Consortium — The Hearing Conservation Team focuses on ways to identify the early stages of noise-induced damage to the human ear.Our current research involves the evaluation of...

  5. Living with Hearing Loss

    Science.gov (United States)

    ... version of this page please turn Javascript on. Nora Woodruff and her family, including dad Bob, have ... hearing, balance, smell, taste, voice, speech, and language. Nora Woodruff, daughter of ABC newsman Bob Woodruff and ...

  6. Hearing loss - infants

    Science.gov (United States)

    ... can allow many infants to develop normal language skills without delay. In infants born with hearing loss, ... therapy allow many children to develop normal language skills at the same age as their peers with ...

  7. Types of Hearing Aids

    Science.gov (United States)

    ... aids : Most parts are contained in a small plastic case that rests behind the ear; the case ... certain situations (for example, background noise and whistle reduction). They also have greater flexibility in hearing aid ...

  8. Buying a Hearing Aid

    Science.gov (United States)

    ... in price according to style, features, and local market prices. Price can range from hundreds of dollars to more than $2,500 for a programmable, digital hearing aid. Purchase price should not be the ...

  9. Hearing regulates Drosophila aggression.

    Science.gov (United States)

    Versteven, Marijke; Vanden Broeck, Lies; Geurten, Bart; Zwarts, Liesbeth; Decraecker, Lisse; Beelen, Melissa; Göpfert, Martin C; Heinrich, Ralf; Callaerts, Patrick

    2017-02-21

    Aggression is a universal social behavior important for the acquisition of food, mates, territory, and social status. Aggression in Drosophila is context-dependent and can thus be expected to involve inputs from multiple sensory modalities. Here, we use mechanical disruption and genetic approaches in Drosophila melanogaster to identify hearing as an important sensory modality in the context of intermale aggressive behavior. We demonstrate that neuronal silencing and targeted knockdown of hearing genes in the fly's auditory organ elicit abnormal aggression. Further, we show that exposure to courtship or aggression song has opposite effects on aggression. Our data define the importance of hearing in the control of Drosophila intermale aggression and open perspectives to decipher how hearing and other sensory modalities are integrated at the neural circuit level.

  10. Devices for hearing loss

    Science.gov (United States)

    ... the sounds you want to hear. Assistive listening devices bring certain sounds directly to your ears. This can ... a small room or on a stage. Other devices can bring the sound from your TV, radio, or music ...

  11. Regional Hearing Clerk

    Science.gov (United States)

    The Regional Hearing Clerk receives filings for proceedings under the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits, 40 Code of Federal Regulations Part 22

  12. Adaptive Processes in Hearing

    DEFF Research Database (Denmark)

    Santurette, Sébastien; Christensen-Dalsgaard, Jakob; Tranebjærg, Lisbeth

    2018-01-01

    , and is essential to achieve successful speech communication, correct orientation in our full environment, and eventually survival. These adaptive processes may differ in individuals with hearing loss, whose auditory system may cope via ‘‘readapting’’ itself over a longer time scale to the changes in sensory input...... induced by hearing impairment and the compensation provided by hearing devices. These devices themselves are now able to adapt to the listener’s individual environment, attentional state, and behavior. These topics related to auditory adaptation, in the broad sense of the term, were central to the 6th...... International Symposium on Auditory and Audiological Research held in Nyborg, Denmark, in August 2017. The symposium addressed adaptive processes in hearing from different angles, together with a wide variety of other auditory and audiological topics. The papers in this special issue result from some...

  13. Genes and Hearing Loss

    Science.gov (United States)

    ... expressivity is seen in families transmitting autosomal dominant Waardenburg syndrome. Within the same family, some affected members may ... risk of having a child with hearing problems. Patient Health Home Copyright © 2018 American Academy of Otolaryngology– ...

  14. Judicial protection of pension rights: problems of theory and practice

    Directory of Open Access Journals (Sweden)

    Marina G. Sedelnikova

    2018-01-01

    Full Text Available The subject. The article is devoted to analysis of pension disputes resolution in courts.The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.The methodology. Both general scientific methods (analysis, synthesis, description and special scientific methods (formal-legal methods method of legal interpretation were used.Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.Conclusions. The existence of a number of features of the substantive

  15. 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.

  16. Separating Judicial from Legislative Reasoning in Moral Dilemma Interviews.

    Science.gov (United States)

    Langford, Peter E

    1997-12-01

    Unlike previous studies of the development of reasoning about moral dilemmas, the 2 studies reported separated judicial reasoning (the application of rules) from legislative reasoning (the justification of rules), as well as attending to other aspects of context, using a modification of the weakly interpretive scoring method of Langford and D'Cruz. This assigns justifications to relatively simple conceptually defined categories. Findings were in accord with substantially modified versions of the views of Piaget and Kohlberg, according to which legislative reasoning can be divided into 3 main types of stages in the period 7-21 years: heteronomy (Piaget) or egocentrism (Kohlberg); local groups (attention to group interests, harmony, and reciprocity in local groups), wider groups (attention to these thing in wider groups). Findings contradicted Gibbs's theory.

  17. Criteria for Copyrightability in Russian Copyright Doctrine and Judicial Practice

    Directory of Open Access Journals (Sweden)

    Andrey Kashanin

    2016-01-01

    Full Text Available This article analyzes the current state of the debate on the minimum level of creativity needed for works to be copyrightable, including dominant principles in Russian jurisprudence and judicial practice, principal trends and contradictions that arise in the course of the application of various criteria for copyrightability. An analysis of the judicial practice of recent years warrants the conclusion that standards of creativity as a criterion for copyrightability have dropped drastically. Today’s standards are similar to those of the former American ‘sweat of the brow’ doctrine. But, unlike foreign legal systems that set comparatively low standards of protectability, the Russian judiciary has not yet evolved mechanisms of compensation for risks of monopolization of public domain content. First of all, there is no practice of granting exclusive rights to a work that is similar to an earlier work but has been created independently. Secondly, the practice of refusing protection to non-unique, standard, generally known, and generally available content is dying out. Thirdly, there is currently a trend for giving a large scope of protection to works of low authorship. As a result, exclusive rights are granted to standard or generally accessible content – content that must belong to the public domain – which puts unjustified restrictions on the creative activities of other authors. Moreover, it makes their legal status unpredictable as it establishes a basis for unintended copyright violations being penalized. This amounts to a classical case of overprotection.

  18. 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

  19. Judicial Review: State Supreme Judicial Views on Balancing Civil Liberties and Public Safety/Security Measures during the Global War on Terror

    Science.gov (United States)

    2009-03-01

    provided to preserving individual rights by “. . . narrowing the range of rights- violative options available to the government in the next emergency...relationship with the government as agent )142 who sounds a “fire alarm,” by bringing a complaint before the...Judicial Review,” 24-30. 142 Ibid., “Judicial Review Supports Popular Sovereignty by Mitigating the Principal- Agent Problem that Lies at the Heart of

  20. Do You Need a Hearing Test?

    Science.gov (United States)

    ... hearing them? Yes No Do you have difficulty hearing or understanding co-workers, clients, or customers? Yes No Do you feel restricted or limited by a hearing problem? Yes No Do you have difficulty hearing ...

  1. Acoustic Trauma - Hearing Loss in Teenagers

    Science.gov (United States)

    ... I Can Hear It, It's Too Loud: Earbuds & Teen Hearing Loss Page Content ​Many parents will agree ... hearing loss." Recommended Hearing Screenings for Older Children & Teens Kids should be screened at three ages: 11- ...

  2. Hearing Aids: MedlinePlus Health Topic

    Science.gov (United States)

    ... for hearing loss (Medical Encyclopedia) Also in Spanish Topic Image MedlinePlus Email Updates Get Hearing Aids updates ... MEDICAL ENCYCLOPEDIA Devices for hearing loss Related Health Topics Cochlear Implants Hearing Disorders and Deafness National Institutes ...

  3. The judicial reception of competition soft law in the Netherlands and the UK

    NARCIS (Netherlands)

    Georgieva, Zlatina

    2015-01-01

    The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. For this purpose, a comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial

  4. Judicial Review: Issues of State Court Involvement in School Finance Litigation.

    Science.gov (United States)

    Colwell, William Bradley

    1998-01-01

    Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…

  5. 32 CFR 270.13 - No right to judicial review or legal cause of action.

    Science.gov (United States)

    2010-07-01

    ... DEMOCRATIC REPUBLIC OF VIETNAM Payment § 270.13 No right to judicial review or legal cause of action. Subject... 32 National Defense 2 2010-07-01 2010-07-01 false No right to judicial review or legal cause of..., and such review is specifically precluded. This part does not create or acknowledge any legal right or...

  6. 39 CFR 4.5 - Assistant Postmasters General, General Counsel, Judicial Officer, Chief Postal Inspector.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Assistant Postmasters General, General Counsel, Judicial Officer, Chief Postal Inspector. 4.5 Section 4.5 Postal Service UNITED STATES POSTAL SERVICE THE... Counsel, a Judicial Officer, a Chief Postal Inspector, and such number of officers, described in 39 U.S.C...

  7. The Court of Justice and Effective Judicial Protection: What Has the Charter Changed?

    NARCIS (Netherlands)

    Prechal, A.

    2015-01-01

    Since the coming into force of the Charter as primary law of the EU, Article 47 CFR is ‘the reference standard’ when the Court deals with issues of ffective judicial protection. However, the general principle of effective judicial protection existed already for some 25 years, developed in the case

  8. The judicial reception of competition soft law in the Netherlands and the UK

    NARCIS (Netherlands)

    Georgieva, Zlatina

    2016-01-01

    The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. A comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial attitudes to soft law

  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. 9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.

    Science.gov (United States)

    2010-01-01

    ... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Procedure for judicial seizure... Detention; Seizure and Condemnation; Criminal Offenses § 381.216 Procedure for judicial seizure, condemnation, and disposition. Any poultry or other article subject to seizure and condemnation under this...

  11. Hearing aid controlled by binaural source localizer

    NARCIS (Netherlands)

    2009-01-01

    An adaptive directional hearing aid system comprising a left hearing aid and a right hearing aid, wherein a binaural acoustic source localizer is located in the left hearing aid or in the right hearing aid or in a separate body- worn device connected wirelessly to the left hearing aid and the right

  12. 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

  13. Constitutionalization of judicial independence: In comparative law and in Serbian legislation

    Directory of Open Access Journals (Sweden)

    Pejić Irena

    2014-01-01

    Full Text Available The aim of this paper is to point out that the guarantees of judicial independence have to be regulated by the Constitution as they create de iure framework for the independence of the judiciary in the rule of law system. The author is aware that the constitutional guarantees are per se insufficient and that their primary features may yield different effects depending on the political environment and cultural matrix in which they take effect. The judicial system operates in the circumstances of the separation of powers, where the independent judiciary is corroborated a guarantee of the rule of law. Hence, it is important to concurrently elaborate on the institutional and personal guarantees of judicial independence, focusing on the responsibility of the political authorities to create a relevant social environment for the operation of the independent judiciary as well as on the responsibility of the judiciary to independently exercise their judicial function. The author's intention in this paper is to provides a comparative analysis on the guarantees of independent judiciary and the minimum rules that constitute the cohesive core which serves as the common meeting grounds not only for the EU member states but also for all countries of the European-Continental legal system in their efforts to ensure the judicial independence as the primary condition for exercising the rule of law. The corpus of constitutional guarantees on independent judiciary includes the following elements: the judicial appointments and termination of a judicial office; the permanence of the judicial office and impartiality in decision-making processes; the professional responsibility and judicial immunity; as well as the recently established judicial councils, which have been given the constitutional authority to protect the independence of the judiciary.

  14. Newborn hearing screening.

    Science.gov (United States)

    Stewart, D L; Pearlman, A

    1994-11-01

    Congenital deafness is a relatively common problem with an incidence of 1/300 to 1/1000. Most states have no mass screening program for hearing loss, but the state of Kentucky compiles a High Risk Registry which is a historical survey of parents relating to risk factors for hearing loss. Unfortunately this survey can miss 50% of those who have a hearing deficit. If not detected prior to discharge, there is often a delay in diagnosis of deafness which prevents early intervention. We report 2 years' experience at Kosair Children's Hospital where 1,987 infants admitted to well baby, intermediate, or intensive care nurseries were screened using the ALGO-1 screener (Natus Medical Inc, Foster City, CA) which is a modified auditory brain stem evoked response (ABR). Our screening of this population led to an 11% incidence of referral for complete audiological evaluation. There were no significant complications. Forty-eight infants were found to have nonspecified, sensorineural, or conductive hearing loss. The positive predictive value of the test was 96%. Therefore, we feel that the use of the modified ABR in the newborn is a timely, cost efficient method of screening for hearing loss and should be used for mass screening of all newborns.

  15. Geological disposal concept hearings

    International Nuclear Information System (INIS)

    1996-01-01

    The article outlines the progress to date on AECL spent-nuclear fuel geological disposal concept. Hearings for discussion, organised by the federal Environmental Assessment Review Panel, of issues related to this type of disposal method occur in three phases, phase I focuses on broad societal issues related to long term management of nuclear fuel waste; phase II will focus on the technical aspects of this method of disposal; and phase III will consist of community visits in New Brunswick, Quebec, Ontario, Manitoba and Saskatchewan. This article provides the events surrounding the first two weeks of phase I hearings (extracted from UNECAN NEWS). In the first week of hearings, where submissions on general societal issues was the focus, there were 50 presentations including those by Natural Resources Canada, Energy Probe, Ontario Hydro, AECL, Canadian Nuclear Society, Aboriginal groups, environmental activist organizations (Northwatch, Saskatchewan Environmental Society, the Inter-Church Uranium Committee, and the Canadian Coalition for Nuclear responsibility). In the second week of hearings there was 33 presentations in which issues related to siting and implementation of a disposal facility was the focus. Phase II hearings dates are June 10-14, 17-21 and 27-28 in Toronto

  16. Hearing speech in music

    Directory of Open Access Journals (Sweden)

    Seth-Reino Ekström

    2011-01-01

    Full Text Available The masking effect of a piano composition, played at different speeds and in different octaves, on speech-perception thresholds was investigated in 15 normal-hearing and 14 moderately-hearing-impaired subjects. Running speech (just follow conversation, JFC testing and use of hearing aids increased the everyday validity of the findings. A comparison was made with standard audiometric noises [International Collegium of Rehabilitative Audiology (ICRA noise and speech spectrum-filtered noise (SPN]. All masking sounds, music or noise, were presented at the same equivalent sound level (50 dBA. The results showed a significant effect of piano performance speed and octave (P<.01. Low octave and fast tempo had the largest effect; and high octave and slow tempo, the smallest. Music had a lower masking effect than did ICRA noise with two or six speakers at normal vocal effort (P<.01 and SPN (P<.05. Subjects with hearing loss had higher masked thresholds than the normal-hearing subjects (P<.01, but there were smaller differences between masking conditions (P<.01. It is pointed out that music offers an interesting opportunity for studying masking under realistic conditions, where spectral and temporal features can be varied independently. The results have implications for composing music with vocal parts, designing acoustic environments and creating a balance between speech perception and privacy in social settings.

  17. Early Hearing Detection and Intervention: Can Your Baby Hear?

    Centers for Disease Control (CDC) Podcasts

    This podcast discusses how important it is that every child receives a hearing screening as soon as possible after birth. It also gives specific ways that parents and health providers can find out if a child has a possible hearing loss and where to get further information. (Created 6/5/2007 by the Early Hearing Detection and Intervention Program, NCBDDD).

  18. Hearing Protection and Hearing Symptoms in Danish Symphony Orchestras

    DEFF Research Database (Denmark)

    Laitinen, Heli; Poulsen, Torben

    2006-01-01

    A study about hearing protectors, problems involving hearing protector usage, hearing problems and working surroundings of classical musicians was made in three Danish symphony orchestras. The questionnaire used in the study was based on a previous study, a study made in Sweden to rock musicians,...

  19. Comparative analysis of endurance of not hearing and hearing students

    Directory of Open Access Journals (Sweden)

    Iwańska Dagmara

    2013-11-01

    Full Text Available Study aim: Sport participation is important for deaf children, as participants experience physical, psychological and social benefits [23]. This study is a summary of four year’s researches on the endurance level of deaf and well hearing girls and boys. The aim of this study was to compare endurance of not hearing and hearing students.

  20. 75 FR 20035 - Petition for Waiver of Compliance

    Science.gov (United States)

    2010-04-16

    ...'s arguments in favor of relief. City of Jasper, Indiana [Docket Number FRA-2009-0112] The City of.... The car is currently equipped with automotive-type laminated glazing, which is non-compliant with FRA... waiver request is the high cost of compliant FRA Types I & II glazing material, and that the automotive...

  1. U.S. Navy Aeromedical Reference and Waiver Guide

    Science.gov (United States)

    2010-05-05

    Passion flower) – Piper methysticum (Kava-Kava) – Psilocybe semilanceata (magic mushrooms) – Rauwolfia serpentina (Indian snakeroot) – Rauwolfia... serpentina (Indian Snakeroot) – Scilla maritima (White Squill) – Scopolia carniolica (Scopolia)* U.S. Navy Aeromedical Reference and Waiver Guide...be sedatives: – Valeriana officinalis (Valerian) – Rauwolfia serpentina (Indian snakeroot) – Atropa belladonna (Deadly Nightshade)* – Chelidonium

  2. Exploring the Effect of Autism Waiver Services on Family Outcomes

    Science.gov (United States)

    Eskow, Karen; Pineles, Lisa; Summers, Jean Ann

    2011-01-01

    This study examined the effect of services provided through Maryland's Home and Community-Based Services Medicaid waiver for children with autism on several outcomes related to families, specifically family quality of life (FQoL) and employment. The purpose of this study was to assess the impact of the services provided through the Maryland autism…

  3. 75 FR 49552 - Petition for Waiver of Compliance

    Science.gov (United States)

    2010-08-13

    ...'s arguments in favor of relief. Bluewater Michigan Chapter, Inc. [Docket Number FRA-2009-0081] The Bluewater Michigan Chapter, Inc. National Railway Historical Society (Bluewater), requests a waiver from... same reporting mark, BMCX. They are numbered: 857--52-seat passenger coach, 829--52- seat passenger...

  4. 5 CFR 831.618 - Waiver of spousal consent requirement.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Waiver of spousal consent requirement. 831.618 Section 831.618 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL... locate the spouse; and (ii) Documentary corroboration such as tax returns filed separately or newspaper...

  5. 5 CFR 842.607 - Waiver of spousal consent requirement.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Waiver of spousal consent requirement. 842.607 Section 842.607 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL... locate the spouse; and (ii) Documentary corroboration such as tax returns filed separately or newspaper...

  6. NCLB Waivers and Accountability: The Graduation Rate Balancing Act

    Science.gov (United States)

    Young, Kathryn

    2013-01-01

    When it comes to state education accountability systems, times are changing fast. This is clearer than ever with the advent of not only waivers from No Child Left Behind (NCLB) but also the multitude of state accountability index systems and "A through F" school-grading systems rolling out across the country. The multiple measures of…

  7. 76 FR 59482 - Petition for Waivers of Compliance

    Science.gov (United States)

    2011-09-26

    ... Docket Number FRA-2000-8089 on behalf of itself and its U.S. affiliates. CN is North America's fifth... request from a customer to extend the number of RoadRailer units handled by its operation. Basically, CN... Docket Number FRA- 2002-11896. Since having the waiver granted in 2001, CN has operated RoadRailer...

  8. 76 FR 61476 - Petition for Waiver of Compliance

    Science.gov (United States)

    2011-10-04

    .... FRA assigned the petition Docket Number FRA-2011-0071. CN seeks relief from the 2-year periodic... DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2011-0071... Canadian National Railway (CN) has petitioned the Federal Railroad Administration (FRA) for a waiver of...

  9. 44 CFR 6.82 - Waiver of fee.

    Science.gov (United States)

    2010-10-01

    ... SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 Fees § 6.82 Waiver of fee. The system manager... collecting the fee is an unduly large part of, or greater than, the fee, or when furnishing the record without charge conforms to generally established business custom or is in the public interest. [44 FR...

  10. 8 CFR 244.20 - Waiver of fees.

    Science.gov (United States)

    2010-01-01

    ... 103.7(b) which relate to applications to the district director or service center director for... expenditures, such as essential medical expenses, or expenses for clothing, laundry, and child care, to the... officer in support of a fee waiver request are subject to verification by the Service. (i) In requiring...

  11. 36 CFR 254.12 - Value equalization; cash equalization waiver.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Value equalization; cash... AGRICULTURE LANDOWNERSHIP ADJUSTMENTS Land Exchanges § 254.12 Value equalization; cash equalization waiver. (a..., either with or without adjustments of relative values as compensation for various costs, the parties to...

  12. 29 CFR 4010.11 - Waivers and extensions.

    Science.gov (United States)

    2010-07-01

    ... Regulations Relating to Labor (Continued) PENSION BENEFIT GUARANTY CORPORATION CERTAIN REPORTING AND DISCLOSURE REQUIREMENTS ANNUAL FINANCIAL AND ACTUARIAL INFORMATION REPORTING § 4010.11 Waivers and extensions. (a) Aggregate funding not in excess of $15 million. Unless reporting is required by § 4010.4(a)(2) or...

  13. 78 FR 1934 - Petition for Waiver of Compliance

    Science.gov (United States)

    2013-01-09

    ... the locomotive cab windshields as well as FRA Type II material in all side-facing windows of the... of any previous glazing-related accidents or injuries. A copy of the petition, as well as any written...] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR...

  14. 77 FR 68884 - Petition for Waiver of Compliance

    Science.gov (United States)

    2012-11-16

    ... petition Docket Number FRA-2012-0060. A copy of the petition, as well as any written communications...] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR... equipment overhauls. PATH states that the material and inventory necessary to complete the required...

  15. 77 FR 75699 - Petition for Waiver of Compliance

    Science.gov (United States)

    2012-12-21

    ... the locomotive cab windshield as well as FRA Type II material in all side-facing windows of the... safety. A copy of the petition, as well as any written communications concerning the petition, is...] Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR...

  16. 76 FR 54289 - Petition for Waiver of Compliance

    Science.gov (United States)

    2011-08-31

    ... cars, and are only used for tourist passengers, films, movies, props, and still photos. FWRY requests... painted to their particular themed set, film, movie, or still photo. FWRY has been known to renumber and... the cars subject to this waiver are only used for tourist passengers, films, movies, props, and still...

  17. 76 FR 50535 - Waiver of Restriction on Assistance to Lebanon

    Science.gov (United States)

    2011-08-15

    ... DEPARTMENT OF STATE [Public Notice: 7555] Waiver of Restriction on Assistance to Lebanon Pursuant to Section 7086(c)(2) of the Department of State, Foreign Operations, and Related Programs... States to waive the requirements of Section 7086(c)(1) of the Act with respect to Lebanon and I hereby...

  18. 37 CFR 205.3 - Waiver of rules.

    Science.gov (United States)

    2010-07-01

    ... procedural, enforceable at law by a party against the Copyright Office, the Library of Congress, or the... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Waiver of rules. 205.3 Section 205.3 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE...

  19. 76 FR 34802 - Petition for Waiver of Compliance

    Science.gov (United States)

    2011-06-14

    ... extensive testing and inspection program to determine extended clean, repair and test intervals for air brake valves and related components as required by the Railroad Locomotive Safety Standards at 49 CFR... to date under this waiver has allayed concerns that air brake system performance would vary between...

  20. 44 CFR 5.43 - Waiver or reduction of fees.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Waiver or reduction of fees. 5.43 Section 5.43 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY... requester's and/or intended user's identity and qualifications, expertise in the subject area and ability...

  1. 75 FR 11620 - Waiver of Restriction on Assistance to Cambodia

    Science.gov (United States)

    2010-03-11

    ... DEPARTMENT OF STATE [Public Notice 6918] Waiver of Restriction on Assistance to Cambodia Pursuant to section 7086(c)(2) of the Department of State, Foreign Operations, and Related Programs... Cambodia, and I hereby waive such restriction. This determination shall be reported to the Congress, and...

  2. 41 CFR 101-26.100-2 - Request for waivers.

    Science.gov (United States)

    2010-07-01

    ... justified. Approval of a waiver request does not constitute authority for a sole source procurement... Regulations System FEDERAL PROPERTY MANAGEMENT REGULATIONS SUPPLY AND PROCUREMENT 26-PROCUREMENT SOURCES AND... the agency administrative cost to effect the local purchase. (6) The name and telephone number of the...

  3. 77 FR 74738 - Petition for Waiver of Compliance

    Science.gov (United States)

    2012-12-17

    ... DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA-2012-0059.../Napa Valley Wine Train (NVRR) has petitioned the Federal Railroad Administration (FRA) for a waiver of... Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12-140, Washington, DC 20590. The...

  4. 78 FR 25347 - Petition for Waiver of Compliance

    Science.gov (United States)

    2013-04-30

    .... Specifically, BNSF and UP seek a waiver of compliance from 49 CFR 232.305(b)(2) for railroad cars tested with automatic single car test devices (ASCTD). The current rule stipulates that if a car is on a shop or repair track for any reason and has not had a single car air brake test within the previous 12-month period, a...

  5. 12 CFR 303.243 - Brokered deposit waivers.

    Science.gov (United States)

    2010-01-01

    ... and use of brokered deposits; (7) A recent consolidated financial statement with balance sheet and income statements; and (8) The reasons the institution believes its acceptance, renewal or rollover of...) The time period for which the waiver is requested; (2) A statement of the policy governing the use of...

  6. 76 FR 7627 - Petition for Waiver of Compliance

    Science.gov (United States)

    2011-02-10

    ... 3102D2 and EPIC II models into one group, stating that they have commonality of pneumatic components and..., railroads, labor organizations (both operating and maintaining crafts), locomotive manufacturers, airbrake... DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In...

  7. Vaccination Perceptions of College Students: With and without Vaccination Waiver.

    Science.gov (United States)

    Jadhav, Emmanuel D; Winkler, Danielle L; Anderson, Billie S

    2018-01-01

    The resurgence of vaccine preventable diseases occurs more often among intentionally unvaccinated individuals, placing at direct risk young adults not caught up on vaccinations. The objectives of this study were to characterize the sociodemographic characteristics of young adults with and without vaccination waivers and identify their perceived benefits, barriers, and influencers of vaccination. Young adults ( n  = 964) from a Midwestern rural university responded to a survey (fall 2015-spring 2016) designed to identify their perception toward vaccination. Instrument consistency was measured using the Cronbach α-scores. The Chi-square test was used to test any sociodemographic differences and Mann-Whitney U -tests results for differences between exempt and non-exempt students. Analysis occurred in spring 2017. A little over one-third of young adults with a vaccination waiver were not up to date on their vaccinations, and think that vaccinations can cause autism. The biggest identifiable benefit was effective control against disease. The surveyed young adults ranked the out of pocket cost associated with vaccination as the most important barrier and safe and easy to use vaccines as the most important influencer of vaccination. Young adults who have had a vaccination waiver appear to not be up to date on their vaccinations. Vaccine administration programs, such as university campus clinics, would benefit from addressing perceptions unique to young adults with and without a vaccine waiver. This would subsequently better provide young adults a second shot for getting appropriately caught up on vaccinations.

  8. 78 FR 46681 - Petition for Waiver of Compliance

    Science.gov (United States)

    2013-08-01

    ... on- track equipment, or in any case is within four feet of the field side of the near running rail... and employee injuries and fatalities on railroad passenger station platforms in addition to the data... waiver, with no appreciable difference in worker injuries and fatalities on station platforms when...

  9. 76 FR 47638 - Petition for Waiver of Compliance

    Science.gov (United States)

    2011-08-05

    ... measures. DCTA submitted the first petition for relief (the ``Base Waiver'') in which it sought relief from..., 229.71, 229.135, and Appendix D--Criteria for Certification of Crashworthy Event Recorder Memory... in these proceedings by submitting written views, data, or comments. FRA does not anticipate...

  10. 42 CFR 431.55 - Waiver of other Medicaid requirements.

    Science.gov (United States)

    2010-10-01

    ... restrictions on free choice of providers do not apply to family planning services. (3) No waiver under this..., or State. (2) A locality may use any agency or agent, public or private, profit or nonprofit, to act..., utilization review, medical social services, or administrative services. (B) Any entity described in paragraph...

  11. 76 FR 10086 - Petition for Waiver of Compliance

    Science.gov (United States)

    2011-02-23

    ... DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In... restricted cars; as well as that of the Reflectorization of Rail Freight Rolling Stock, i.e. Sec. Sec. 224.3... prior to 1945, as well as a group of freight cars and locomotives built after 1945, in public excursion...

  12. Noise and Hearing Loss Prevention

    Science.gov (United States)

    ... message, please visit this page: About CDC.gov . NOISE AND HEARING LOSS PREVENTION Language: English (US) Español ( ... when hazardous noise levels cannot be adequately reduced. Noise and Hearing Loss on the NIOSH Science Blog ...

  13. Age-related hearing loss

    Science.gov (United States)

    ... grow older. Your genes and loud noise (from rock concerts or music headphones) may play a large role. The following factors contribute to age-related hearing loss: Family history (age-related hearing loss tends to run in ...

  14. How to Get Hearing Aids

    Science.gov (United States)

    ... if desired. What questions should I ask before buying hearing aids? Before you buy a hearing aid, ... the period of warranty? Does the warranty cover future maintenance and repairs? Will loaner aids be provided ...

  15. Hearing Loss: Symptoms, Diagnosis & Treatment

    Science.gov (United States)

    ... of this page please turn JavaScript on. Feature: Hearing Loss Symptoms, Devices, Prevention & Research Past Issues / Spring ... a disease. It can accompany any type of hearing loss. It can be a side effect of ...

  16. Hearing Voices and Seeing Things

    Science.gov (United States)

    ... Facts for Families Guide Facts for Families - Vietnamese Hearing Voices and Seeing Things No. 102; Updated October ... delusions (a fixed, false, and often bizarre belief). Hearing voices or seeing things that are not there ...

  17. EFFECTS OF EBT CUSTOMER SERVICE WAIVERS ON FOOD STAMP RECIPIENTS: EXECUTIVE SUMMARY

    OpenAIRE

    Kirlin, John A.; Logan, Christopher

    2002-01-01

    Most State agencies are now using electronic benefits transfer (EBT) systems to issue food stamp benefits. To promote operational efficiency, some States have received waivers of certain rules governing EBT use. An exploratory study was conducted to ascertain the effects of these waivers on food stamp recipients. The results show that two of the waivers-those allowing recipients to select their own personal identification numbers and to receive EBT training by mail rather than in person-cause...

  18. Congenital sensorineural hearing loss

    International Nuclear Information System (INIS)

    Mafee, M.F.; Selis, J.E.; Yannias, D.A.; Valvassori, G.E.; Pruzansky, S.; Applebaum, E.L.; Capek, V.

    1984-01-01

    The ears of 47 selected patients with congenital sensorineural hearing loss were examined with complex-motion tomography. The patients were divided into 3 general categories: those with a recognized syndrome, those with sensorineural hearing loss unrelated to any known syndrome, and those with microtia. A great variety of inner ear anomalies was detected, but rarely were these characteristic of a particular clinical entity. The most common finding was the Mondini malformation or one of its variants. Isolated dysplasia of the internal auditory canal or the vestibular aqueduct may be responsible for sensorineural hearing loss in some patients. Patients with microtia may also have severe inner ear abnormalities despite the fact that the outer and inner ears develop embryologically from completely separate systems

  19. Congenital sensorineural hearing loss

    Energy Technology Data Exchange (ETDEWEB)

    Mafee, M.F.; Selis, J.E.; Yannias, D.A.; Valvassori, G.E.; Pruzansky, S.; Applebaum, E.L.; Capek, V.

    1984-02-01

    The ears of 47 selected patients with congenital sensorineural hearing loss were examined with complex-motion tomography. The patients were divided into 3 general categories: those with a recognized syndrome, those with sensorineural hearing loss unrelated to any known syndrome, and those with microtia. A great variety of inner ear anomalies was detected, but rarely were these characteristic of a particular clinical entity. The most common finding was the Mondini malformation or one of its variants. Isolated dysplasia of the internal auditory canal or the vestibular aqueduct may be responsible for sensorineural hearing loss in some patients. Patients with microtia may also have severe inner ear abnormalities despite the fact that the outer and inner ears develop embryologically from completely separate systems.

  20. Deaf/Hearing Research Partnerships

    Science.gov (United States)

    Wolsey, Ju-Lee A.; Misener Dunn, Kim; Gentzke, Scott W.; Joharchi, Hannah A.; Clark, M. Diane

    2017-01-01

    Deaf individuals typically are seen through the lens of the dominant hearing society's perception, i.e., that being deaf is an impairment. Today, a small but growing number of Deaf and hearing researchers are challenging this perception. The authors examined perceptions of what components are necessary for a successful Deaf/hearing research…

  1. 78 FR 11237 - Public Hearing

    Science.gov (United States)

    2013-02-15

    ... NATIONAL TRANSPORTATION SAFETY BOARD Public Hearing On Tuesday, February 26, 2013 the National Transportation Safety Board (NTSB) will convene an Investigative Hearing to gather additional factual information... Union Pacific (UP) intermodal train No. AAMMLX-22 on June 24, 2012 near Goodwell, Oklahoma. The hearing...

  2. Efficient evaluation of hearing ability

    NARCIS (Netherlands)

    2010-01-01

    The present invention relates to a method of establishing a hearing ability model for a person, the method including providing a representation of the distribution of hearing ability for a population of individuals. The method may comprise the steps) performing a hearing evaluation event, comprising

  3. 78 FR 39017 - Investigative Hearing

    Science.gov (United States)

    2013-06-28

    ... NATIONAL TRANSPORTATION SAFETY BOARD Investigative Hearing On November 30, 2012, at 6:59 a.m... exposure. The investigative hearing will discuss Conrail operations and the emergency response to the... in establishing a unified command. The goals of this hearing are to gather additional factual...

  4. 78 FR 21632 - Investigative Hearing

    Science.gov (United States)

    2013-04-11

    ... NATIONAL TRANSPORTATION SAFETY BOARD Investigative Hearing On January 7, 2013, about 1021 eastern... Part 129. The investigative hearing is being held to discuss the Boeing 787 battery and battery charger... goals of this hearing will be to gather additional information on the selection of the lithium ion (Li...

  5. 78 FR 64026 - Investigative Hearing

    Science.gov (United States)

    2013-10-25

    ... NATIONAL TRANSPORTATION SAFETY BOARD Investigative Hearing On Wednesday, November 6, 2013, and... hearing to gather additional factual information for the ongoing investigation into two Metro-North... Investigative Hearing. On Friday, May 17, 2013, at 6:01 p.m. eastern daylight time, eastbound Metro-North...

  6. Assessment of Hearing Impaired Youth.

    Science.gov (United States)

    Hicks, Doin E., Ed.; And Others

    1980-01-01

    The issue of Directions contains 11 articles on assessment of hearing impaired individuals. Entries have the following titles and authors: "Classroom Assessment Techniques for Hearing Impaired Students--A Literature Review" (B. McKee, M. Hausknecht); "Informal Assessment of Hearing Impaired Students In the Classroom" (B. Culhane, R. Hein);…

  7. Aspectos Relevantes de la Organización del Poder Judicial Español: Selección y Formación de Jueces, la Reforma de la Secretaria Judicial y la Figura del Secretario Judicial

    Directory of Open Access Journals (Sweden)

    Daniel Polignano Godoy

    2015-12-01

    Full Text Available El presente artículo, a fin de contribuir a los estudios sobre la política judicial, la gestión y la administración de la justicia en Brasil, ofrece una visión general de algunos aspectos relevantes de la organización del Poder Judicial español a saber, la selección y formación de los magistrados, la reforma de la secretaria judicial y la figura del secretario judicial, que son temas de interés actual en vista de las similitudes socio-culturales y jurídicas, y la coincidencia entre los problemas que enfrentan los poderes judiciales de Brasil y España. Aunque no contenga una sugestión de "importación" de soluciones acríticas extranjeras, propone una profundización del estudio de estos puntos, con el fin de evaluar los posibles impactos positivos que tuvieron en el caso español y verificar si no serían medidas interesantes a aplicarse en el escenario brasileño, especialmente en el caso de la secretaria judicial, cuya función consiste en aliviar el juez de la gestión de la unidad administrativa y de trabajos "burocráticos", para centrarse en la función judicial, al mismo tiempo en que permitiría la centralización y la especialización de la gestión y del trabajo administrativo.

  8. Comparing Analog and Digital Hearing Aids in Reducing Hearing Disability

    Directory of Open Access Journals (Sweden)

    Ghassem Mohammad Khani

    2004-06-01

    Full Text Available Objective: Comparing analog and digital hearing aids reducing disability caused by hearing deficiency among moderate to severe sensorineural hearing-impaired persons. Method and Material: This descriptive-analytic study was carried out on two groups of subjects participated in this study in some audiology clinics of hearing aid since May 2002 to October 2003. Twenty subjects wore analog hearing aids and twenty one subjects wore digital hearing aids. In this study , no subject had previous middle ear or psychological problems. APHAB questionnaire was completed before using hearing aid and 2 months after to determine benefit of hearing aid use. Results: Total score mean of APHAB inventory before and after use of analoge hearing aids were 52.215+6.420 and 32.300+3.443 respectively. Also total score mean of APHAB inventory before and after use of digital hearing aids were 54.9252+9.028 and 26.321+10.916 respectively. There was no significant difference between total mean score of APHAB inventory before and after using analog and digital hearing aids (P=0.058.While there was significant difference between total mean score of APHAB questionnaire before and after use of analog hearing aids (P<0.001 and also before and after use of digital hearing aids (P<0.001. Moreover age, gender , litracy level , occupation , degree of hearing loss and manner of hearing aid usage did not have significant effect on APHAB results. Configuration of loss had siginficant effect on aversiveness subscale before and after use of analog hearing aids (P=0.008. Previous experience and duration of hearing aid usage had significant effect on aversiveness subscale before and after use of digital hearing aids (P=0.043 and (P=0.024, respectively , while all of these three items did not have significant effect on total mean score of APHAB inventory and also total mean scores of three subscales of ease of communication , reverberation and background noise. Conclusion: Comparing to

  9. 78 FR 12044 - Notice of Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy...

    Science.gov (United States)

    2013-02-21

    ... Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy Residential... the Samsung Electronics America, Inc. (Samsung) petition for waiver (hereafter, ``petition'') from... consumption of electric refrigerators and refrigerator-freezers. In its petition, Samsung provides an...

  10. Ear, Hearing and Speech

    DEFF Research Database (Denmark)

    Poulsen, Torben

    2000-01-01

    An introduction is given to the the anatomy and the function of the ear, basic psychoacoustic matters (hearing threshold, loudness, masking), the speech signal and speech intelligibility. The lecture note is written for the course: Fundamentals of Acoustics and Noise Control (51001)......An introduction is given to the the anatomy and the function of the ear, basic psychoacoustic matters (hearing threshold, loudness, masking), the speech signal and speech intelligibility. The lecture note is written for the course: Fundamentals of Acoustics and Noise Control (51001)...

  11. 76 FR 29733 - Petition for Waiver From LG Electronics, Inc. and Granting of the Interim Waiver From Commercial...

    Science.gov (United States)

    2011-05-23

    ...-Conditioning and Refrigeration Institute [ARI] or by the American Society of Heating, Refrigerating and Air... capacity multi-split heat pump products for compliance, marketing, or other purposes, LG must fairly... adds additional models to the waiver relief already granted to LG. LG is a manufacturer of digital...

  12. 78 FR 41387 - Petition for Waiver and Notice of Granting the Application for Interim Waiver of ASKO Appliances...

    Science.gov (United States)

    2013-07-10

    ... available for any further discussions on the design and use of condenser dryers with DOE. Asko will notify... Energy to prescribe test procedures that are reasonably designed to produce results which measure energy... that the basic model for which the petition for waiver was submitted contains one or more design...

  13. 78 FR 36760 - Petition for Waiver and Notice of Granting the Application for Interim Waiver of BSH Home...

    Science.gov (United States)

    2013-06-19

    ... materially inaccurate comparative data. BSH condenser dryers contain a design characteristic--lack of an... Energy to prescribe test procedures that are reasonably designed to produce results which measure energy... that the basic model for which the petition for waiver was submitted contains one or more design...

  14. How to quantify binaural hearing in patients with unilateral hearing using hearing implants.

    Science.gov (United States)

    Snik, Ad; Agterberg, Martijn; Bosman, Arjan

    2015-01-01

    Application of bilateral hearing devices in bilateral hearing loss and unilateral application in unilateral hearing loss (second ear with normal hearing) does not a priori lead to binaural hearing. An overview is presented on several measures of binaural benefits that have been used in patients with unilateral or bilateral deafness using one or two cochlear implants, respectively, and in patients with unilateral or bilateral conductive/mixed hearing loss using one or two percutaneous bone conduction implants (BCDs), respectively. Overall, according to this overview, the most significant and sensitive measure is the benefit in directional hearing. Measures using speech (viz. binaural summation, binaural squelch or use of the head shadow effect) showed minor benefits, except for patients with bilateral conductive/mixed hearing loss using two BCDs. Although less feasible in daily practise, the binaural masking level difference test seems to be a promising option in the assessment of binaural function. © 2015 S. Karger AG, Basel.

  15. International judicial cooperation by means of direct aid in the fight against international abduction of children in Brazil and Colombia

    OpenAIRE

    Mizuta, Alessandra; Pontifícia Universidade Católica do Rio Grande do Sul; Hendges, Carla Evelise Justino; Pontifícia Universidade Católica do Rio Grande do Sul

    2015-01-01

    This paper addresses the issue of international judicial cooperation by the direct assistance. It reflects on the impact of globalization on the state, the law and the legal systems. Contextualize the reduction of the effectiveness of the rights and the crisis of the process. Adresses the international judicial cooperation as a tool to promote integration of various judicial systems, necessary in a complex and interconnected world in judicial cooperation, there is the direct assistance as a m...

  16. 14 CFR 1207.102 - Waiver of prohibition in 18 U.S.C. 208.

    Science.gov (United States)

    2010-01-01

    ... Counsel; and (v) Procurement Officers. (2) For all other Headquarters employees, the Associate... Ethics. (e) Cross-references. For regulations concerning general waiver guidance and exemptions under 18...

  17. Judicial review and transitional justice: Reflective Judgment in three contexts

    Directory of Open Access Journals (Sweden)

    Mihaela Mihai

    2010-01-01

    Full Text Available Este artículo busca examinar las vías a través de las cuales las cortes de revisión constitucional han intentado discernir con sentimientos públicos dentro de sociedades emergentes de una situación de opresión y conflicto de alta escala. Un análisis comparativo de decisiones de revisión judicial de la Hungría post-comunista, de la Sudáfrica post-Apartheid y de la Argentina post- dictadura como casos que muestran como los jueces han, con mayor o menor éxito, reconocido y engranado pedagógicamente sentimientos sociales negativos de resentimiento e indignación hacia antiguos víctimarios y beneficiarios de violencia. Así, el artículo espera cimentar el camino para investigaciones de mayor envergadura sobre uno de las dimensiones más descuidadas de sociedades post-confictuales: la influencia pública.

  18. 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.

  19. Legal argumentation and judicial decision making: Empirical evidence from Ecuador

    Directory of Open Access Journals (Sweden)

    José Luis Castro-Montero

    2018-05-01

    Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.

  20. ELECTRONIC EVIDENCE IN THE JUDICIAL PROCEEDINGS AND COMPUTER FORENSIC ANALYSIS

    Directory of Open Access Journals (Sweden)

    Marija Boban

    2017-01-01

    Full Text Available Today’s perspective of the information society is characterized by the terminology of modern dictionaries of globalization including the terms such as convergence, digitization (media, technology and/or telecommunications and mobility of people or technology. Each word with progress, development, a positive sign of the rise of the information society. On the other hand in a virtual environment traditional evidence in judicial proceedings with the document on paper substrate, are becoming electronic evidence, and their management processes and criteria for admissibility are changing over traditional evidence. The rapid growth of computer data created new opportunities and the growth of new forms of computing, and cyber crime, but also the new ways of proof in court cases, which were unavailable just a few decades. The authors of this paper describe new trends in the development of the information society and the emergence of electronic evidence, with emphasis on the impact of the development of computer crime on electronic evidence; the concept, legal regulation and probative value of electronic evidence, and in particular of electronic documents; and the issue of electronic evidence expertise and electronic documents in court proceedings.

  1. 20 CFR 418.3610 - Is there administrative or judicial review for administrative actions that are not initial...

    Science.gov (United States)

    2010-04-01

    ... Administrative Review Process § 418.3610 Is there administrative or judicial review for administrative actions... reviewed by us, but they are not subject to the administrative or judicial review process as provided by... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Is there administrative or judicial review...

  2. Does Judicial Independence explain Post-transitional Justice? ¿Puede la independencia judicial explicar la justicia postransicional?

    Directory of Open Access Journals (Sweden)

    Elin SKAAR

    2012-10-01

    Full Text Available Post-transitional justice in Latin America started in the Southern Cone in the mid-1990s and gradually spread to a number of countries which are seeking to address the human rights violations committed during the authoritarian regimes that dominated the continent from 1970s to the early 1990s. To distinguish trials at the time of transition from trials that take place years into the consolidation phase, this article develops a theoretical framework that explains variations in the propensity to prosecute the military for gross human rights violations (i.e., the number of trials across time and across countries. The main argument presented here is that constitutional reforms have made Latin American judges more prone to prosecute the military for past human right violations because judges now enjoy more independence from powerful Executives and the hierarchy of the judicial system has loosened, making lower court judges less dependent on their superiors. As a result, judges, especially those sympathetic to a human rights agenda, can push prosecutions more forcefully than they could before.La justicia postransicional se inició en el Cono Sur de América Latina a mediados de la década de 1990 y gradualmente se ha expandido a otros países que buscan afrontar violaciones de derechos humanos cometidas durante los regímenes autoritarios que dominaron el continente desde la década de 1970 hasta inicios de la década de 1990. Para diferenciar los juicios de la transición de los juicios que se llevaron a cabo años después durante la fase de consolidación democrática, este artículo desarrolla un marco teórico que explica las variaciones en la tendencia a juzgar a los militares por graves violaciones de derechos humanos (por ejemplo, el número de juicios a lo largo del tiempo y entre países. El argumento principal que aquí se presenta es que las reformas constitucionales han hecho que los jueces latinoamericanos sean más propensos a perseguir

  3. Court’s Precious Time: Transparency, Honor and Judicial Scarce Resources

    Directory of Open Access Journals (Sweden)

    Boaz Shnoor

    2017-12-01

    Full Text Available While many judicial systems in the Western World are coping with a shortage of judges, the public is not always aware of the overload and its reasons. Our claim is that the reason for this, is the fact that the judicial system preferred to preserve an ideal image of the judiciary and control all information about it, rather than to publicize the judicial overload problem. In this paper, we aim to show that until recently, the issue of “judicial overload” was hidden from the public eye. We deal with the importance and advantageous of presenting the relevant facts to the public. We shall empirically show, that the judicial system has begun to legitimize the exposure of judicial overload to the public.Si bien es cierto que muchos sistemas judiciales del mundo occidental están lidiando con la escasez de jueces, también lo es que el público no siempre es consciente de la sobrecarga de trabajo y de sus razones. Nosotros afirmamos que la razón de ello es que el sistema judicial ha preferido preservar una imagen ideal de la judicatura y controlar toda la información acerca de ella antes que hacer público el problema de la sobrecarga de trabajo de los jueces. En este artículo, pretendemos mostrar que, hasta hace poco, la cuestión de la "sobrecarga de los jueces" ha permanecido oculta a ojos del público. Tratamos el tema de la importancia y la ventaja que supone presentar los hechos relevantes al público, y demostraremos empíricamente que el sistema judicial ha comenzado a aprobar la exposición de la sobrecarga judicial al público. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=3039584

  4. [Hearing loss and idoneity--the segnalation of noise-induced hearing loss hearing Loss].

    Science.gov (United States)

    Albera, Roberto; Dagna, Federico; Cassandro, Claudia; Canale, Andrea

    2011-01-01

    Work idoneity in hearing loss must be related to working ability and evolution risks. Working ability is referred to the difficulties found in speech comprehension and in signals perception. As regards hearing loss evolution it is necessary to define if the subject is affected by conductive or neurosensorial hearing loss. In conductive hearing loss it is necessary to evaluate entity and frequential distribution of the deficit. In neurosensorial hearing loss it is necessary to distinguish between noise-induced hearing loss and extraprofessional hearing loss. In noise-induced hearing loss the evolution risk is high if the noise exposure is less than 10-15 years or the actual noise exposure is louder than the former. In case of extraprofessional hearing loss the evolution risk is higher in presbycusis, endolymphatic hydrops and toxic hearing loss. The necessity to report the presence on professionale noise-induced hearing loss arises if audiometric threshold is more than 25 dB at 0.5-1-2-3-4 kHz and if it is verified the professional origine of hearing loss.

  5. Environmental Public Policies: Legalization and Judicial Activism for Sustainable De-velopment

    Directory of Open Access Journals (Sweden)

    Belinda Pereira Cunha

    2016-12-01

    Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, we intend to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development.

  6. 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...... activism of the EU judge in the jurisprudence concerning the relationship between European and public international law? How does the EU judge’s approach to international law shape the relationship between the two legal orders? The chapter proposes the hypothesis that judicial activism and a pluralistic...

  7. Hearings on nuclear deterrence

    International Nuclear Information System (INIS)

    Adam, Patricia; Tertrais, Bruno; Niquet, Valerie; Vilboux, Nicole; Kalika, Arnaud; Ravel, Luc; Korsia, Haim; Remy, Stephane; Arbi, Abdelkader; Bentegeat, Henri; Villiers, Pierre de; Norlain, Bernard; Mercier, Denis; Charaix, Patrick; Rogel, Bernard; Coriolis, Charles-edouard de; Boissier, Patrick; Bouvier, Antoine; Charmeau, Alain; Collet-Billon, Laurent; Ricketts, Peter; Collin, Jean-Marie; Bouveret, Patrice; Bigot, Bernard; Verwaerde, Daniel

    2014-01-01

    This report contains hearings of various French actors and experts (researchers, military chaplains, high-ranking officers, industrial executives, members of public military agencies, members of associations promoting non proliferation) on the issue of nuclear deterrence. Each of them states its point of view on nuclear deterrence, on strategic issues, on military issues, on philosophical issues, depending on their positions

  8. NATIONAL HEARING DAY

    CERN Multimedia

    2003-01-01

    The 12th of June 2003 Is the French National Hearing Day. The Medical Service invites everyone working at CERN to come and have an ear test at the infirmary. Bld. 57, ground floor, between 9h00 and 16h00 Tel. 73802

  9. National hearing day

    CERN Multimedia

    2003-01-01

    The 12th of June 2003 Is the French National Hearing Day. The Medical Service invites everyone working at CERN to come and have an ear test at the infirmary. Bld. 57, ground floor, between 9h00 and 16h00 Tel. 73802

  10. 75 FR 59237 - TRICARE Co-Pay Waiver at Captain James A. Lovell Federal Health Care Center Demonstration Project

    Science.gov (United States)

    2010-09-27

    ... DEPARTMENT OF DEFENSE Office of the Secretary TRICARE Co-Pay Waiver at Captain James A. Lovell.... ACTION: Notice of TRICARE Co-Pay waiver at Captain James A. Lovell Federal Health Care Center... ``TRICARE Co-Pay Waiver at Captain James A. Lovell Federal Health Care (FHCC) Demonstration Project.'' Under...

  11. 78 FR 42994 - Waiver of 14 CFR 437.29 and 437.55(a) for Scaled Composites, LLC

    Science.gov (United States)

    2013-07-18

    ... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Office of Commercial Space Transportation Waiver of 14 CFR 437.29 and 437.55(a) for Scaled Composites, LLC AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of waiver. SUMMARY: This notice concerns a waiver to Scaled Composites...

  12. 78 FR 35899 - Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential...

    Science.gov (United States)

    2013-06-14

    ... and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and... decision and order (Case No. RF-026) that grants to Samsung Electronics America, Inc. (Samsung) a waiver... forth in its petition for waiver. In its petition, Samsung provides an alternate test procedure to...

  13. 77 FR 75428 - Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential...

    Science.gov (United States)

    2012-12-20

    ... and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and... decision and order (Case No. RF-021) that grants to Samsung Electronics America, Inc. (Samsung) a waiver... forth in its petition for waiver in Case RF-021. In its petition, Samsung provides an alternate test...

  14. 76 FR 70996 - Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Clothes...

    Science.gov (United States)

    2011-11-16

    ... and Order Granting a Waiver to Samsung From the Department of Energy Residential Clothes Washer Test... No. CW-020) that grants to Samsung Electronics America, Inc. (Samsung) a waiver from the DOE clothes... forth in its petition for waiver. Under today's decision and order, Samsung shall be required to test...

  15. 76 FR 50207 - Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential Clothes...

    Science.gov (United States)

    2011-08-12

    ... and Order Granting a Waiver to Samsung From the Department of Energy Residential Clothes Washer Test... No. CW-019) that grants to Samsung Electronics America, Inc. (Samsung) a waiver from the DOE clothes... forth in its petition for waiver. Under today's decision and order, Samsung shall be required to test...

  16. 78 FR 35898 - Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential...

    Science.gov (United States)

    2013-06-14

    ... and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and... decision and order in Case No. RF-027 that grants to Samsung Electronics America, Inc. (Samsung) a waiver... set forth in its petition for waiver. In its petition, Samsung provides an alternate test procedure...

  17. 78 FR 65623 - Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential...

    Science.gov (United States)

    2013-11-01

    ... and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and... decision and order in Case No. RF-032 that grants to Samsung Electronics America, Inc. (Samsung) a waiver... set forth in its petition for waiver. In its petition, Samsung provides an alternate test procedure...

  18. 76 FR 48149 - Notice of Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy...

    Science.gov (United States)

    2011-08-08

    ... Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy Residential Clothes..., and request for comments. SUMMARY: This notice announces receipt of and publishes the Samsung Electronics America, Inc. (Samsung) petition for waiver and application for interim waiver (hereafter...

  19. 78 FR 35901 - Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential...

    Science.gov (United States)

    2013-06-14

    ... and Order Granting a Waiver to Samsung From the Department of Energy Residential Refrigerator and... decision and order in Case No. RF-025 that grants to Samsung Electronics America, Inc. (Samsung) a waiver... set forth in its petition for waiver. In its petition, Samsung provides an alternate test procedure...

  20. 45 CFR 261.80 - How do existing welfare reform waivers affect a State's penalty liability under this part?

    Science.gov (United States)

    2010-10-01

    ... FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES ENSURING THAT RECIPIENTS WORK How Do Welfare Reform Waivers Affect State Penalties? § 261.80 How do existing welfare reform waivers affect a State's penalty... 45 Public Welfare 2 2010-10-01 2010-10-01 false How do existing welfare reform waivers affect a...

  1. [Presbycusis - Age Related Hearing Loss].

    Science.gov (United States)

    Fischer, N; Weber, B; Riechelmann, H

    2016-07-01

    Presbycusis or age related hearing loss can be defined as a progressive, bilateral and symmetrical sensorineural hearing loss due to age related degeneration of inner ear structures. It can be considered a multifactorial complex disorder with environmental and genetic factors. The molecular, electrophysiological and histological damage at different levels of the inner ear cause a progressive hearing loss, which usually affects the high frequencies of hearing. The resulting poor speech recognition has a negative impact on cognitive, emotional and social function in older adults. Recent investigations revealed an association between hearing impairment and social isolation, anxiety, depression and cognitive decline in elderly. These findings emphasize the importance of diagnosis and treating hearing loss in the elderly population. Hearing aids are the most commonly used devices for treating presbycusis. The technical progress of implantable hearing devices allows an effective hearing rehabilitation even in elderly with severe hearing loss. However, most people with hearing impairments are not treated adequately. © Georg Thieme Verlag KG Stuttgart · New York.

  2. Sensorineural hearing loss in children.

    LENUS (Irish Health Repository)

    Wormald, R

    2010-02-01

    The objective of the study was to examine the aetiology of sensorineural hearing loss (SNHL) in a paediatric population presenting to the National Centre of Medical Genetics. A retrospective chart review from 1998 to 2006. One hundred and twenty nine children were investigated for SNHL. The average age of diagnosis of hearing loss was 36 months. The degree of hearing loss was mild in 8 children, moderate in 33 children, severe in 31 children and profound in 57 children. Eighty-five children (66%) were diagnosed with a hereditary hearing loss, 11 (8%) children had an acquired hearing loss and no cause found in 33 (26%) children. This is the first report of the causes of hearing loss in Irish children. The mean age of diagnosis in our cohort is high and emphasises the need for a neonatal screening programme. There remains a number of children for whom the cause of hearing loss remains unknown.

  3. 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

  4. Proof of patient information: Analysis of 201 judicial decisions.

    Science.gov (United States)

    Dugleux, E; Rached, H; Rougé-Maillart, C

    2018-05-01

    The ruling by the French Court of Cassation dated February 25, 1997 obliged doctors to provide proof of the information given to patients, reversing more than half a century of case law. In October 1997, it was specified that such evidence could be provided by "all means", including presumption. No hierarchy in respect of means of proof has been defined by case law or legislation. The present study analyzed judicial decisions with a view to determining the means of proof liable to carry the most weight in a suit for failure to provide due patient information. A retrospective qualitative study was conducted for the period from January 2010 to December 2015, by a search on the LexisNexis ® JurisClasseur website. Two hundred and one judicial decisions relating to failure to provide due patient information were selected and analyzed to study the characteristics of the practitioners involved, the content of the information at issue and the means of proof provided. The resulting cohort of practitioners was compared with the medical demographic atlas of the French Order of Medicine, considered as exhaustive. Two hundred and one practitioners were investigated for failure to provide information: 45 medical practitioners (22±3%), and 156 surgeons (78±3%) including 45 orthopedic surgeons (29±3.6% of surgeons). Hundred and ninety-three were private sector (96±1.3%) and 8 public sector (4±1.3%). Hundred and one surgeons (65±3.8% of surgeons), and 26 medical practitioners (58±7.4%) were convicted. Twenty-five of the 45 orthopedic surgeons were convicted (55±7.5%). There was no significant difference in conviction rates between surgeons and medical practitioners: odds ratio, 1.339916; 95% CI [0.6393982; 2.7753764] (Chi 2 test: p=0.49). Ninety-two practitioners based their defense on a single means of proof, and 74 of these were convicted (80±4.2%). Forty practitioners based their defense on several means of proof, and 16 of these were convicted (40±7.8%). There was

  5. Slavic anthroponyms in the judicial decisions of Demetrios Chomatenos

    Directory of Open Access Journals (Sweden)

    Dželebdžić Dejan

    2006-01-01

    Full Text Available The present paper deals with personal names mentioned by Demetrios Chomatenos which can with some certainty be identified as Slavic in origin. For the greater part, these are well-known Slavic names, often of Common Slavic origin, also attested in other Slavic languages. A couple of uncommon names is also attested, such as Svinjilo and Svinja (Sbēniloz, Sbina. Among the names of non-Slavic origin, it is the Saints' names that are most commonly found, but some others are attested as well, like Kuman, Sarakin or Kandid all of them well known among the South Slavs. The Slavonic ethnicity of the carriers of these names can as a rule be established by tracing their family relations. In the course of the 11th and 12th centuries, family names became quite common and stable in Byzantium, at least with aristocratic families. As first noted by Jacques Lefort, some paroikoi on the territories belonging to the monasteries of the Holy Mountain had family names, too, but these tended to appear sporadically and to disappear after some time. Demetrios Chomatenos' judicial decisions show that at that period family names were carried by the majority of the inhabitants of Byzantine Macedonia, Epirus and other regions (including women, sometimes even monks, not only the members of the elite. However, the Slavic population of these regions still often stuck to the ancient custom of naming a person only with a personal name sometimes supplemented by a patronymic. This notwithstanding, more than twenty persons did have, apart from their Slavic name, another one, usually of Christian origin. Although the data do not always allow for an unequivocal identification of the functions of each of these names, it can be safely assumed that they are not instances of double personal names, but rather that the name of Christian origin functions as a personal name, the Slavic one as a family name. This is quite certain for the family of Svinjilos from Berroia (Ponem. Diaph. 81

  6. Public scientific expertise and judicial risks: the case of radon

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    2000-01-01

    In France, radon has emerged as a public health issue mainly at the initiative of scientists. Even if public authorities have set up an embryo of regulations, for a long time scientists faced the radon issue alone, in producing knowledge, informing about their results, providing advice to public authorities, various bodies and individuals, and in participating in the process of technical standardisation. These functions are identified in the paper in order to sketch out a typology of different situations, formal and informal, in which researchers transformed into experts are called to collaborate. During their missions, experts are exposed to 'judicial risks', particularly in terms of civil liability or 'professional' responsibility and even criminal responsibility. They face legal difficulties because of the lack of a legal framework for public scientific expertise. The situation is confused: there is a growing will to involve scientific experts in decision-making in the field of public health, especially when the precautionary principle is at stake, and in parallel, no real materialisation of this expertise in terms of regulations, which puts on experts' shoulders some new responsibilities. Moreover we can observe a generalised increase in the attribution of blame and penal responsibility in French society which make the position of all actors involved more uncomfortable. We know that radon, as a domestic risk, is particular in many ways. Nevertheless, it can be used in an analysis of scientists' roles/actions and of the legal difficulties they face, to illustrate appropriately the problems that arise as expertise is developed about new risks. (author)

  7. 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.

  8. Reflection on the Judicial Activism or Constructivism: In Perspective of Being an Instrument of Cooperation in Judicial Facing Issues of Social Security and Labor

    Directory of Open Access Journals (Sweden)

    Antonio Gomes de Vasconcelos

    2016-10-01

    Full Text Available The article proposes a present thinking as the possibility of reaching solutions to some social security and labor issues in democratic rule of law using judicial cooperation in the search for effective social law of social security. The current legal constructivism, also called judicial activism in its manifestation of legal instrument to weigh yourself to get and verify the approach of social dialogue for more proactive attitude of the court, in which the actors involved in the conflict are called to have a more active participation on problem situations, requiring them more than mere legal interpretation in philosophical hermeneutics.

  9. Media Exposé of Judicial Corruption in Ghana: Ethical and ...

    African Journals Online (AJOL)

    ... issues of judicial corruption, the causes, consequences as well as their ethical and theological dimensions. ... He focuses on human rights issues and corruption in Ghana and many parts of ..... Funds meant to help businesses grow and the.

  10. [On the competitiveness between parties in judicial proceedings with the participation of a forensic medical expert].

    Science.gov (United States)

    Topil'skaia, E V; Kadochnikov, D S; Makarov, I Iu; Pankratova, I V; Rakitin, V A

    2011-01-01

    The authors report the results of analysis of the rights of the participants in judicial proceedings (both the prosecution and the defense) to appoint and carry out forensic medical expertise in the course of the criminal court process.

  11. 28 CFR 50.9 - Policy with regard to open judicial proceedings.

    Science.gov (United States)

    2010-07-01

    ... Government attorney has a compelling duty to protect the societal interest in open proceedings. (c) A... closure of part of a judicial proceeding where necessary to protect national security information or...

  12. Evaluation of prescriptions authorized between 2010 and 2011 through judicial protection in Bogotá

    Directory of Open Access Journals (Sweden)

    Alfredo Portilla-Pinzón

    2016-10-01

    Conclusions: Therapeutic rationality issues are evident in prescription drugs ordered by judicial protection, which may involve greater risks to the health of patients. A more rigorous scientific advice is recommended in order to avoid possible interactions and therapeutic duplications.

  13. Constitutional and administrative paradigms in judicial control over EU high and low politics

    OpenAIRE

    Cebulak Pola

    2017-01-01

    This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in characte...

  14. A GUI Prototype for the Framework of Criminal Judicial Reasoning System

    OpenAIRE

    Thammaboosadee, Sotarat; Silparcha, Udom

    2009-01-01

    This paper proposed a developed graphical user interface (GUI) prototype, whichis supported by the framework of data mining techniques-based criminal judicial reasoning system.The GUI sequences of the prototype are satisfied with criminal judicial procedure in civil lawsystem. Initially, user must build the model by input the existing incident and specifying the detail ofobjects, elements of crime, charge and judgment. After enough training, the prototype will be readyto determine judgments f...

  15. A harpoon for Greenpeace?: judicial review of the regulation of radioactive substances

    International Nuclear Information System (INIS)

    Purdue, M.

    1994-01-01

    The judgement is reported on an application by Greenpeace Ltd for a judicial review of the decision by HMI of Pollution and the Ministry of Agriculture, Fisheries and Food to grant BNFL permission to test the new thermal oxide reprocessing plant. An analysis follows examining the issues relating to the process of judicial review in the UK and discussion of some of the substantive points raised by the litigation. (UK)

  16. PATIENT-CITIZEN-CONSUMERS: JUDICIALIZATION OF HEALTH AND METAMORPHOSIS OF BIOPOLITICS

    OpenAIRE

    Biehl,João

    2016-01-01

    Abstract Situated at the meeting points of Law and Medicine, the "judicialization of the right to health" is a contested and hotly debated phenomenon in Brazil. While government officials and some scholars argue that it is driven by urban elites and private interests, and used primarily to access high-cost drugs, empirical evidence refute narratives depicting judicialization as a harbinger of inequity and an antagonist of the public health system. This article's quantitative and ethnographic ...

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

    OpenAIRE

    Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corr?a; 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....

  18. 9 CFR 124.42 - Hearing procedure.

    Science.gov (United States)

    2010-01-01

    ... Diligence Hearing § 124.42 Hearing procedure. (a) The presiding officer shall be appointed by the... hearing. (g) The due diligence hearing will be conducted in accordance with rules of practice adopted for... opportunity to participate as a party in the hearing. The standard of due diligence set forth in § 124.33 will...

  19. 34 CFR 300.181 - Hearing procedures.

    Science.gov (United States)

    2010-07-01

    ... evidentiary hearing and estimation of time for each presentation; or (E) Completion of the review and the... of the parties during the proceedings. The Hearing Official or Hearing Panel takes all steps... disposition of the case. (2) The Hearing Official or Hearing Panel may schedule a prehearing conference with...

  20. 12 CFR 308.155 - Hearing.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Hearing. 308.155 Section 308.155 Banks and... Pursuant to Section 32 of the FDIA § 308.155 Hearing. (a) Hearing dates. The Executive Secretary shall order a hearing to be commenced within 30 days after receipt of a request for a hearing filed pursuant...

  1. 19 CFR 111.67 - Hearing.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 1 2010-04-01 2010-04-01 false Hearing. 111.67 Section 111.67 Customs Duties U.S... Revocation § 111.67 Hearing. (a) Hearing officer. The hearing officer must be an administrative law judge... right to examine all exhibits offered at the hearing and will have the right to cross-examine witnesses...

  2. 49 CFR 209.115 - Hearing.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 4 2010-10-01 2010-10-01 false Hearing. 209.115 Section 209.115 Transportation... Hearing. (a) When a hearing is requested and scheduled under § 209.113, a hearing officer designated by the Chief Counsel convenes and presides over the hearing. If requested by respondent and if...

  3. 5 CFR 1215.5 - Hearing.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Hearing. 1215.5 Section 1215.5... § 1215.5 Hearing. (a) Request for hearing. (1) An employee must file a petition for a hearing in accordance with the instructions outlined in the agency's notice to offset. (2) A hearing may be requested by...

  4. 34 CFR 668.116 - Hearing.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 3 2010-07-01 2010-07-01 false Hearing. 668.116 Section 668.116 Education Regulations... Program Review Determinations § 668.116 Hearing. (a) A hearing is a process conducted by the hearing official whereby an orderly presentation of arguments and evidence is made by the parties. (b) The hearing...

  5. 14 CFR 13.79 - Hearing.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 1 2010-01-01 2010-01-01 false Hearing. 13.79 Section 13.79 Aeronautics....79 Hearing. If an alleged violator requests a hearing in accordance with § 13.75, the procedure of Subpart D of this part applies. At the close of the hearing, the Hearing Officer, on the record or...

  6. 40 CFR 57.807 - Hearing.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 5 2010-07-01 2010-07-01 false Hearing. 57.807 Section 57.807... § 57.807 Hearing. (a) Composition of hearing panel. The Presiding Officer shall preside at the hearing held under this subpart. An EPA panel shall also take part in the hearing. In general, the membership...

  7. 34 CFR 668.88 - Hearing.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 3 2010-07-01 2010-07-01 false Hearing. 668.88 Section 668.88 Education Regulations of... Proceedings § 668.88 Hearing. (a) A hearing is an orderly presentation of arguments and evidence conducted by a hearing official. (b) If the hearing official, the designated department official who brought a...

  8. 10 CFR 16.9 - Hearing.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Hearing. 16.9 Section 16.9 Energy NUCLEAR REGULATORY... § 16.9 Hearing. (a) Request for hearing. (1) An employee shall file a petition for a hearing in... creditor agency, a hearing may be requested by filing a written petition stating why the employee disputes...

  9. 45 CFR 16.11 - Hearing.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Hearing. 16.11 Section 16.11 Public Welfare... BOARD § 16.11 Hearing. (a) Electing a hearing. If the appellant believes a hearing is appropriate, the... appeal file). The Board will approve a request (and may schedule a hearing on its own or in response to a...

  10. 19 CFR 356.23 - Hearing.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 3 2010-04-01 2010-04-01 false Hearing. 356.23 Section 356.23 Customs Duties... § 356.23 Hearing. (a) Scheduling of hearing. The administrative law judge will schedule the hearing at a... parties adequately to prepare for the hearing and the importance of expeditiously resolving the matter. (b...

  11. 21 CFR 1313.24 - Waiver of 15-day advance notice for chemical exporters.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Waiver of 15-day advance notice for chemical... IMPORTATION AND EXPORTATION OF LIST I AND LIST II CHEMICALS Exportation of Listed Chemicals § 1313.24 Waiver of 15-day advance notice for chemical exporters. (a) Each regulated person shall provide to the...

  12. 75 FR 37780 - Proposed Waivers and Extensions of Project Periods: Presidential Academies and Congressional...

    Science.gov (United States)

    2010-06-30

    ... the teaching of history. We seek this waiver and extension of project period in order to enable each... or the teaching of history. The Secretary certifies that the proposed waiver and extension of project... American History and Civics Education, and 34 CFR 75.261(c)(2), as it applies to the project funded under...

  13. 40 CFR 266.110 - Waiver of DRE trial burn for boilers.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 26 2010-07-01 2010-07-01 false Waiver of DRE trial burn for boilers... HAZARDOUS WASTE MANAGEMENT FACILITIES Hazardous Waste Burned in Boilers and Industrial Furnaces § 266.110 Waiver of DRE trial burn for boilers. Boilers that operate under the special requirements of this section...

  14. 75 FR 52790 - Small Business Size Standards: Waiver of the Nonmanufacturer Rule

    Science.gov (United States)

    2010-08-27

    ... for GEN II and GEN III Image Intensifier Tubes. SUMMARY: The U.S. Small Business Administration (SBA) is considering granting a class waiver of the Nonmanufacturer Rule for Optical Instrument and Lens Manufacturing. On August 13, 2010, SBA received a request that a class waiver be granted for GEN II and GEN III...

  15. 76 FR 45397 - Export Inspection and Weighing Waiver for High Quality Specialty Grain Transported in Containers

    Science.gov (United States)

    2011-07-29

    ...-AB18 Export Inspection and Weighing Waiver for High Quality Specialty Grain Transported in Containers... permanent a waiver due to expire on July 31, 2012, for high quality specialty grain exported in containers... of high quality specialty grain exported in containers are small entities that up until recently...

  16. 76 FR 16760 - Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and...

    Science.gov (United States)

    2011-03-25

    ... Conservation Program for Consumer Products: Publication of the Petition for Waiver and Notice of Granting the... Electronics America, Inc. (Samsung) petition for waiver (hereafter, ``petition'') from specified portions of... Authority Title III, part B of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94-163 (42...

  17. 29 CFR 575.9 - Failure to comply with the terms and conditions of the waiver.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Failure to comply with the terms and conditions of the waiver. 575.9 Section 575.9 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11...

  18. 29 CFR 575.7 - Statutory conditions for employment under the waiver.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Statutory conditions for employment under the waiver. 575.7 Section 575.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND...

  19. 75 FR 13120 - Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to...

    Science.gov (United States)

    2010-03-18

    ... Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Samsung Electronics America... (Case No. RF-011) that grants to Samsung Electronics America, Inc. (Samsung) a waiver from the DOE... humidity sensors and adaptive control anti-sweat heaters. Under today's decision and order, Samsung shall...

  20. 75 FR 57937 - Energy Conservation Program for Consumer Products: Notice of Petition for Waiver of Samsung...

    Science.gov (United States)

    2010-09-23

    ... Conservation Program for Consumer Products: Notice of Petition for Waiver of Samsung Electronics America, Inc... announces receipt of and publishes the Samsung Electronics America, Inc. (Samsung) petition for waiver... clothes washer test procedure. Through this notice, DOE also solicits comments with respect to the Samsung...