Sample records for judicial waiver hearings
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16 CFR 1502.11 - Judicial review after waiver of hearing on a regulation.
2010-01-01
... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Judicial review after waiver of hearing on a regulation. 1502.11 Section 1502.11 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS... petition for judicial review in a U.S. court of appeals under the appropriate statute. (1) The record for...
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18 CFR 385.801 - Waiver of hearing (Rule 801).
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...
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42 CFR 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount.
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...
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28 CFR 43.3 - Settlement and waiver of claims.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Settlement and waiver of claims. 43.3 Section 43.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND TREATMENT FURNISHED BY THE UNITED STATES § 43.3 Settlement and waiver of claims. (a) The...
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42 CFR 423.1976 - Judicial review.
2010-10-01
... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.1976 Section 423.1976 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.1976 Judicial review. (a) Review of ALJ's decision. The enrollee may request judicial...
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40 CFR 179.125 - Judicial review.
2010-07-01
... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 179.125 Section 179... EVIDENTIARY PUBLIC HEARING Judicial Review § 179.125 Judicial review. (a) The Administrator's final decision... judicial review within the period ending on the 60th day after the date of the publication of the order...
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40 CFR 178.65 - Judicial review.
2010-07-01
... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 178.65 Section 178.65... REQUESTS FOR HEARINGS Judicial Review § 178.65 Judicial review. An order issued under § 178.37 is final... of the order in the Federal Register. The failure to file a petition for judicial review within the...
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42 CFR 423.2136 - Judicial review.
2010-10-01
... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 423.2136 Section 423.2136 Public...) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Reopening, ALJ Hearings, MAC review, and Judicial Review § 423.2136 Judicial review. (a) General rule. To the extent authorized by sections 1876(c...
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28 CFR 68.56 - Judicial review of a final agency order in cases arising under section 274A or 274C.
2010-07-01
... review by the Chief Administrative Hearing Officer of a final order by an Administrative Law Judge shall... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of a final agency order... OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE...
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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
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7 CFR 47.15 - Oral hearing before the examiner.
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...
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2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...
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6 CFR 13.32 - Location of hearing.
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...
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12 CFR 908.67 - Stay of final decision and order pending judicial review.
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...
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Concerns regarding Direct-to-Consumer Hearing Aid Purchasing
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…
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12 CFR 263.41 - Stays pending judicial review.
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...
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Matching Judicial Supervision to Clients’ Risk Status in Drug Court
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
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On Judicial and Quasi-Judicial Independence
Comtois, Suzanne; de Graaf, K.J.
2013-01-01
'Principles of judicial and quasi-judicial independence are fundamental to all democracies and yet, the notion of independence is still elusive. What is judicial and quasi-judicial independence and why is it important? From whom and what are the judiciary and other adjudicators to be independent? Is
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39 CFR 958.7 - Hearing location.
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...
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28 CFR 32.37 - Request for Hearing Officer determination.
2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Request for Hearing Officer determination. 32.37 Section 32.37 Judicial Administration DEPARTMENT OF JUSTICE PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS Educational Assistance Benefit Claims § 32.37 Request...
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21 CFR 801.421 - Hearing aid devices; conditions for sale.
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...
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9 CFR 202.113 - Rule 13: Written hearing.
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...
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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.
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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
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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...
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12 CFR 1780.29 - Deposition of witness unavailable for hearing.
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...
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28 CFR 541.63 - Hearing procedure.
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...
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28 CFR 2.15 - Petition for consideration of parole prior to date set at hearing.
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...
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28 CFR 68.3 - Service of complaint, notice of hearing, written orders, and decisions.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Service of complaint, notice of hearing, written orders, and decisions. 68.3 Section 68.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED..., registered agent for service of process of a corporate party, or attorney or representative of record of a...
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Judicial Performance and Experiences of Judicial Work: Findings from Socio-legal Research
Directory of Open Access Journals (Sweden)
Sharyn Roach Anleu
2014-12-01
Full Text Available Judicial performance evaluation processes and programs tend to imply an abstract, normative model of the proper judge. The focus is on the individual judicial officer, identifying how judges ought to perform their judicial work and assessing any departures from the model. However, there is considerable diversity in judging which abstract models of JPE may not anticipate. Importantly, judicial performance occurs within a context – the practical and natural settings in which every day judicial work is undertaken. This entails time constraints, workload patterns, and dependence on the activities of others, factors over which the judicial officer may have little control, but which in turn may affect his/her behaviour. Often, judicial performance is taken to refer to in-court work only. Judicial work also occurs outside court and outside regular court hours and so may be less visible for judicial performance evaluation. Although there is considerable variety in judicial experiences of judging, JPE only sometimes includes self-perceptions or judges’ own reflections on their work. Social science and socio-legal research, including original empirical data from Australia, investigates judging in various contexts and explores judicial officers’ experiences of their work. Such empirical research can widen understandings of judicial performance and evaluation. Los procesos y programas de evaluación del rendimiento judicial tienden a implicar un modelo normativo abstracto del juez competente. La atención se centra en el funcionario judicial individual, identificando cómo deben realizar su labor los jueces y determinando cualquier desviación respecto al modelo. Sin embargo, a la hora de juzgar, existe una gran diversidad que los modelos abstractos de evaluación del rendimiento judicial no pueden anticipar. Es importante destacar que el desempeño judicial se produce en un contexto – el marco práctico y natural en el que se desarrolla cada d
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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...
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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...
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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...
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10 CFR 431.401 - Petitions for waiver, and applications for interim waiver, of test procedure.
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...
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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...
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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...
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Salience Theory of Judicial Decisions
Pedro Bordalo; Nicola Gennaioli; Andrei Shleifer
2015-01-01
We present a model of judicial decision making in which the judge overweights the salient facts of the case. The context of the judicial decision, which is comparative by nature, shapes which aspects of the case stand out and draw the judge’s attention. By focusing judicial attention on such salient aspects of the case, legally irrelevant information can affect judicial decisions. Our model accounts for a range of recent experimental evidence that bears on the psychology of judicial decisions...
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28 CFR 0.118 - Office of Chief Administrative Hearing Officer.
2010-07-01
... Officer. 0.118 Section 0.118 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Executive Office for Immigration Review § 0.118 Office of Chief Administrative Hearing... Law Judges in performance of their duties in accordance with 8 U.S.C. 1324 A and B. ...
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Terrorist Threats and Judicial Deference
DEFF Research Database (Denmark)
Rytter, Jens Elo
2014-01-01
The article analyses the extent to which judicial restraint in cases concerning national security is justified. It is argued that the extent of restraint must depend on the normative issue/aspect which is subject to judicial review.......The article analyses the extent to which judicial restraint in cases concerning national security is justified. It is argued that the extent of restraint must depend on the normative issue/aspect which is subject to judicial review....
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28 CFR 71.42 - Judicial review.
2010-07-01
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review. 71.42 Section 71.42....42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an... assessments under this part and specifies the procedures for such review. ...
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Review of Judicial Reforms in Bhutan
Dubgyur, Lungten
2004-01-01
This essay highlights the anomalies of judicial reforms in Bhutan. It presents a historical perspective of Bhutanese judicial reforms and addresses recent developments. It discusses court performance and experiences and approaches adopted in making the courts efficient. Much of the reform initiatives emanate from the throne. His Majesty the King has always advocated an efficient judicial system for the Kingdom. In obedience to the Royal Commands, the judicial system and judicial process in Bh...
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44 CFR 62.22 - Judicial review.
2010-10-01
... of process for all judicial proceedings where a claimant is suing the Administrator of FEMA pursuant... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 62.22... ADJUSTMENT OF CLAIMS Claims Adjustment, Claims Appeals, and Judicial Review § 62.22 Judicial review. (a) Upon...
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50 CFR 296.15 - Judicial review.
2010-10-01
... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Judicial review. 296.15 Section 296.15..., DEPARTMENT OF COMMERCE CONTINENTAL SHELF FISHERMEN'S CONTINGENCY FUND § 296.15 Judicial review. Any claimant... determination, seek judicial review of the determination in the United States District Court for such judicial...
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78 FR 49267 - Conflict of Interest Waiver
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...
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Judicial Influence on Policy Outputs?
DEFF Research Database (Denmark)
Martinsen, Dorte Sindbjerg
2015-01-01
to override unwanted jurisprudence. In this debate, the Court of Justice of the European Union (CJEU) has become famous for its central and occasionally controversial role in European integration. This article examines to what extent and under which conditions judicial decisions influence European Union (EU......) social policy outputs. A taxonomy of judicial influence is constructed, and expectations of institutional and political conditions on judicial influence are presented. The analysis draws on an extensive novel data set and examines judicial influence on EU social policies over time, that is, between 1958...
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Directory of Open Access Journals (Sweden)
Iasna Chaves Viana
2016-12-01
Full Text Available The judge’s action setting became modern ágora, preferential space of the relevant public deliberations. Today there is an invasion of the public choices’ usual spaces by the legalization of politics, result of Brazil's institutional design. The concepts of judicial activism and judicial protagonism oppose this scenario. At present it must be judicial action protagonist, transforming reality, understood that which is back to lend maximum effect to the Constitutional text. Especially relevant when it comes to environmental issues, given the enormous complexity of today's society. Case studies aim to show the evolution of the Brazilian Judicial understanding in this regard.
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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...
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Directory of Open Access Journals (Sweden)
Rachael L. Johnstone
2015-03-01
Full Text Available Review of the following book: Kári á Rógvi, West-Nordic Constitutional Judicial Review: A Comparative Study of Scandinavian Judicial Review and Judicial Reasoning (Copenhagen: Djøf Publishing, 2013. pp. 364, 45.00 GBP (paperback. ISBN: 8757429154
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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...
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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...
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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...
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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...
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Judicial Review and Political Partisanship
DEFF Research Database (Denmark)
Garoupaa, Nuno; Grembi, Veronica
2015-01-01
Due to the collapse of the party system during the mid-nineties, Italy represents an interesting case study to test the effects of a transition from a consensual to a majoritarian model of democracy on judicial behavior at the level of the Constitutional Court. Using a dataset of 972 cases...... of substantive judicial review (ricorsi in via principale) from 1985 to 2005, and proposing new measures of political alignment within constitutional review, we analyze the effect of a change in the political party system on judicial behavior. Our results show that political alignment is a stronger predictor...... of judicial decision making under majoritarian than consensual model of democracy....
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42 CFR 457.1003 - CMS review of waiver requests.
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...
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Soeharno, Jonathan
2007-01-01
Much effort is being made to safeguard judicial integrity – but what is it? In this article, two discourses on judicial integrity will be outlined: one in which judicial integrity is said to be at stake and one in which the emphasis lies on safeguarding judicial integrity. These discourses are by no
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43 CFR 27.12 - Judicial review.
2010-10-01
... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 27.12 Section 27.12... UNDER TITLE II OF PUBLIC LAW 93-153 § 27.12 Judicial review. Action taken pursuant to this part is subject to judicial review. ...
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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...
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20 CFR 405.501 - Judicial review.
2010-04-01
... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Judicial review. 405.501 Section 405.501 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.501 Judicial review. You may file an action in a Federal district...
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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. ...
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Options for Using Military Waiver Information in Personnel Security Clearance Investigations
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
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78 FR 9107 - Petition for Waiver of Compliance
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...
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47 CFR 1.1529 - Judicial review.
2010-10-01
... 47 Telecommunication 1 2010-10-01 2010-10-01 false Judicial review. 1.1529 Section 1.1529 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL PRACTICE AND PROCEDURE Implementation of the Equal... Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C...
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17 CFR 201.58 - Judicial review.
2010-04-01
... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 201.58 Section 201.58 Commodity and Securities Exchanges SECURITIES AND EXCHANGE COMMISSION RULES OF PRACTICE Regulations Pertaining to the Equal Access to Justice Act § 201.58 Judicial review. Judicial review of final...
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45 CFR 1703.601 - Judicial review.
2010-10-01
... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1703.601 Section 1703.601 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE GOVERNMENT IN THE SUNSHINE ACT Judicial Review § 1703.601 Judicial review. Any person may...
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49 CFR 1016.310 - Judicial review.
2010-10-01
... 49 Transportation 8 2010-10-01 2010-10-01 false Judicial review. 1016.310 Section 1016.310 Transportation Other Regulations Relating to Transportation (Continued) SURFACE TRANSPORTATION BOARD, DEPARTMENT... Judicial review. Judicial review of final Board decisions on awards may be sought as provided in 5 U.S.C...
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6 CFR 13.42 - Judicial review.
2010-01-01
... 6 Domestic Security 1 2010-01-01 2010-01-01 false Judicial review. 13.42 Section 13.42 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate...
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14 CFR 1262.309 - Judicial review.
2010-01-01
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1262.309 Section 1262.309... PROCEEDINGS Procedures for Considering Applications § 1262.309 Judicial review. Judicial review of final... the determination to the court of the United States having jurisdiction to review the merits of the...
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45 CFR 1203.11 - Judicial review.
2010-10-01
... 45 Public Welfare 4 2010-10-01 2010-10-01 false Judicial review. 1203.11 Section 1203.11 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE... Judicial review. Action taken pursuant to section 602 of title VI is subject to judicial review as provided...
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42 CFR 414.920 - Judicial review.
2010-10-01
... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 414.920 Section 414.920 Public... Under Part B § 414.920 Judicial review. The following areas under the CAP are not subject to administrative or judicial review: (a) The establishment of payment amounts. (b) The awarding of vendor contracts...
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43 CFR 17.10 - Judicial review.
2010-10-01
... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 17.10 Section 17.10... Origin § 17.10 Judicial review. Action taken pursuant to section 602 of the act is subject to judicial review as provided in section 603 of the act. [29 FR 16293, Dec. 4, 1964] ...
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42 CFR 422.612 - Judicial review.
2010-10-01
... 42 Public Health 3 2010-10-01 2010-10-01 false Judicial review. 422.612 Section 422.612 Public... Judicial review. (a) Review of ALJ's decision. Any party, including the MA organization, may request judicial review (upon notifying the other parties) of an ALJ's decision if— (1) The Board denied the party...
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40 CFR 180.30 - Judicial review.
2010-07-01
... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 180.30 Section 180.30... EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD Procedural Regulations § 180.30 Judicial review. (a) Under FFDCA section 408(h), judicial review is available in the United States Courts of Appeal as to the...
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75 FR 61562 - Petition for Waiver of Compliance
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...
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31 CFR 16.42 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 16.42 Section 16.42... FRAUD CIVIL REMEDIES ACT OF 1986 § 16.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the...
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43 CFR 35.42 - Judicial review.
2010-10-01
... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Judicial review. 35.42 Section 35.42... CLAIMS AND STATEMENTS § 35.42 Judicial review. Section 3805 of title 31, U.S. Code, authorizes judicial review by an appropriate U.S. District Court of a final decision of the Secretary imposing penalties or...
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14 CFR 1264.141 - Judicial review.
2010-01-01
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1264.141 Section 1264.141... PENALTIES ACT OF 1986 § 1264.141 Judicial review. Section 3805 of Title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head...
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31 CFR 6.16 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 6.16 Section 6.16... EQUAL ACCESS TO JUSTICE ACT Procedures for Considering Applications § 6.16 Judicial review. Judicial review of final agency decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). ...
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31 CFR 92.18 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 92.18 Section 92.18... States Mint § 92.18 Judicial review. A Final Notice of Assessment issued under the procedures in this subpart may be subject to judicial review pursuant to 5 U.S.C. 701 et seq. ...
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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. ...
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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...
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14 CFR 1250.110 - Judicial review.
2010-01-01
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Judicial review. 1250.110 Section 1250.110... PROGRAMS OF NASA-EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 § 1250.110 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603...
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31 CFR 27.8 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 27.8 Section 27.8... OF DEPARTMENT OF THE TREASURY NAMES, SYMBOLS, ETC. § 27.8 Judicial review. A final Notice of Assessment issued under this party may be subject to judicial review pursuant to 5 U.S.C. 701 et seq. ...
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31 CFR 28.630 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 28.630 Section 28.630 Money and Finance: Treasury Office of the Secretary of the Treasury NONDISCRIMINATION ON THE BASIS... Judicial review. Action taken pursuant to 20 U.S.C. 1682 is subject to judicial review as provided in 20 U...
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O protagonismo judicial e as políticas públicas / The judicial leadership and public policy
Directory of Open Access Journals (Sweden)
Mauricio Amorim
2016-07-01
Abstract: This study aims to analyze the judicial control of public policies. Thus, the doctrinal concept of these policies will be explained, and the delimitation of political harvest and develops. A brief overview of the division of powers is necessary, in order to better define what can be considered as judicial activism. About this same theme of activism, will be shown that there is no consensus on their classification, but it depends on the time and place to be analyzed. A relevant discussion on the possible Reserve Theory is demonstrated, as well as whether or not their use when analyzing the legitimacy of judicial intervention in the sphere of activities of the other two branches of government. Finally, the subject of judicial intervention at the present time will be studied, and their possible consequences for democracy. Keywords: Public policy; Judicial activism; Possible reserve theory.
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Investigating Miranda waiver decisions: An examination of the rational consequences.
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.
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The constitutional court review of judicial decisions
Directory of Open Access Journals (Sweden)
Stojanović Dragan M.
2016-01-01
Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights
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Judicial Capacity in a Transforming Legal System
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Hugh Corder
2017-12-01
Full Text Available Given the perennial problem of lack of access to justice; the fact that there was no shortage of superior court judges until 1994; the demands on court process which flow directly from transition to the constitutional democratic system; and the urgent and justified necessity for the demographic transformation of judicial personnel, two challenges to the capacity of the judicial system present themselves in South Africa: Enlarging the number of suitable candidates for judicial appointment to redress the former demographic imbalance; and developing the kind of skills among those appointed as judges to be able to respond with confidence across a wide range of often complex legal issues; and developing a theory of judicial deference which observes the separation of powers and preserves judicial independence. This paper explores these challenges, after setting out the socio-political context, as it impacts directly on their nature and scope, and the prospects of meeting them.Debido al constante problema de la falta de acceso a la justicia, al hecho de que no hubo escasez de jueces de tribunales superiores hasta 1994, las demandas del proceso judicial que surgen directamente de la transición al sistema democrático constitucional, y la necesidad urgente y justificada de la transformación demográfica del personal judicial, el rendimiento judicial en Sudáfrica se encuentra con dos desafíos: Aumentar el número de candidatos aptos al nombramiento judicial para compensar el anterior desequilibrio demográfico y desarrollar en los jueces nombrados aquellas habilidades que les permitan responder con confianza a asuntos jurídicos a menudo complejos; y desarrollar una teoría de deferencia judicial que respete la separación de poderes y preserve la independencia judicial. Este artículo explora estos desafíos tras explicar el contexto sociopolítico, ya que éste afecta directamente a su naturaleza y alcance, y las probabilidades de que se superen
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10 CFR 784.12 - Terms and conditions of waivers.
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...
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45 CFR 675.4 - Waiver process.
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...
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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...
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Do Medicaid home and community based service waivers save money?
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.
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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...
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Judicial Performance Review in Arizona: A Critical Assessment
Directory of Open Access Journals (Sweden)
Rebecca White Berch
2014-12-01
Full Text Available Judicial performance evaluations are a relatively new tool for assessing judges and providing information to voters to help them determine whether to retain judges in contested or retention elections. Arizona implemented its judicial evaluation program about 20 years ago, and since that time, the state has continually strived to improve its process. The result is that today Arizona has one of the most progressive and comprehensive judicial performance evaluation programs in the United States. This article takes a critical look at the strengths and weaknesses of Arizona’s program, keeping in mind two key values that the system seeks to protect: judicial accountability and judicial independence. Las evaluaciones del rendimiento judicial son una herramienta relativamente nueva para evaluar a los jueces y ofrecer información a los votantes, que les ayude a decidir si quieren reelegir a los jueces en las elecciones. Arizona implementó su programa de evaluación judicial hace unos 20 años, y desde ese momento, el Estado se ha esforzado continuamente en mejorar el proceso. El resultado es que hoy en día, Arizona tiene uno de los programas de evaluación del rendimiento judicial más progresistas e integrales de los Estados Unidos. Este artículo ofrece una mirada crítica a las fortalezas y debilidades del programa de Arizona, teniendo en cuenta dos valores clave que el sistema trata de proteger: la responsabilidad judicial y la independencia judicial. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2533868
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46 CFR 1.01-30 - Judicial review.
2010-10-01
... 46 Shipping 1 2010-10-01 2010-10-01 false Judicial review. 1.01-30 Section 1.01-30 Shipping COAST... Judicial review. (a) Nothing in this chapter shall be construed to prohibit any party from seeking judicial review of any Commandant's decision or action taken pursuant to the regulations in this part or part 5 of...
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Directory of Open Access Journals (Sweden)
Ernani Carvalho
2010-04-01
Full Text Available As instituições judiciárias ficaram por muito tempo na sombra dos fenômenos e da teoria política estudadas na América Latina. Neste texto trago algumas reflexões em torno de uma dessas instituições, a revisão judicial. A ideia central é demonstrar a trajetória deste instrumento jurídico que se tornou uma peça chave no entendimento da judicialização da política no Brasil. Neste sentido, tentaremos mapear os fatores que potencializam a judicialização da política tomando como pano de fundo a evolução das instituições judiciais brasileiras no período republicano, especificamente as instituições responsáveis pela revisão judicial.The judicial institutions remained for a long time in the shadow of the political phenomena and theory in Latin America. This article presents some thoughts on one of these institutions, the judicial review. The main idea is to demonstrate the trajectory of this legal instrument that has become a key piece to understand the judicialization of politics in Brazil. In this sense, the paper tries to identify the factors that lead to the judicialization of politics, considering as background the evolution of the judicial institutions in Brazil during the republican period, and in particular the institutions responsible for the judicial review.
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75 FR 10554 - Petition for Waiver of Compliance
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...
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49 CFR 37.153 - FTA waiver determination.
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...
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40 CFR 51.360 - Waivers and compliance via diagnostic inspection.
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...
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32 CFR 165.7 - Waivers (including reductions).
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...
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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
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48 CFR 552.270-26 - No Waiver.
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...
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29 CFR 575.3 - Application for waiver.
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...
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12 CFR 1780.57 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Stays pending judicial review. 1780.57 Section... Posthearing Proceedings § 1780.57 Stays pending judicial review. The commencement of proceedings for judicial... Director pending a final decision on a petition for review of that order. ...
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Selected Regional Judicial Officer Cases, 2005 - Present
U.S. Environmental Protection Agency — This dataset contains selected cases involving EPA's Regional Judicial Officers (RJOs) from 2005 to present. EPA's Regional Judicial Officers (RJOs) perform...
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Directory of Open Access Journals (Sweden)
Jonathan Soeharno
2007-06-01
Full Text Available Much effort is being made to safeguard judicial integrity – but what is it? In this article, two discourses on judicial integrity will be outlined: one in which judicial integrity is said to be at stake and one in which the emphasis lies on safeguarding judicial integrity. These discourses are by no means homogeneous. Not only are there considerable differences between the English and the Dutch discourses, there are also differences within each discourse regarding the use and meaning of integrity. In order to gain a better understanding of the concept, normative theory is consulted. From a rule of law perspective, integrity as the proper professional character of an official appears to be a presupposed norm. From the perspective of democracy, integrity appears as the norm that correlates with public trust. Expounding on these norms – integrity as professional character and integrity as external accountability – enables a better understanding of the discourses on judicial integrity.
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16 CFR 1027.11 - Non-waiver of rights.
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. ...
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SMEs: Trust and judicial system
Directory of Open Access Journals (Sweden)
Marilene Lorizio
2016-06-01
Full Text Available Italian SMEs share capabilities and routines that permit them to reach high level of competition. But in a global system that is affected by structural deficiencies and negative performance of judicial system, it is very hard to maintain high performances. In this work, starting from the resilience capacity of a group of SMEs of surviving to the crisis, we try to analyse the quality of the expectations of a sample of resilient firms. Our study leads to the hypothesis that the economic crisis is in line with a crisis of confidence in the judicial system. This is all the more serious when considering that this distrust is rooted in those firms located in Southern Italy, where the inefficiency of the judicial system is particularly pronounced.
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36 CFR 218.14 - Judicial proceedings.
2010-07-01
... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Judicial proceedings. 218.14... ADMINISTRATIVE REVIEW PROCESSES Predecisional Administrative Review Process for Hazardous Fuel Reduction Projects Authorized by the Healthy Forests Restoration Act of 2003 § 218.14 Judicial proceedings. The objection...
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40 CFR 173.9 - Judicial review.
2010-07-01
... 40 Protection of Environment 23 2010-07-01 2010-07-01 false Judicial review. 173.9 Section 173.9 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PESTICIDE PROGRAMS PROCEDURES GOVERNING... Judicial review. The State may appeal an order rescinding, in whole or in part, its primary enforcement...
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29 CFR 785.7 - Judicial construction.
2010-07-01
... 29 Labor 3 2010-07-01 2010-07-01 false Judicial construction. 785.7 Section 785.7 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Hours Worked § 785.7 Judicial construction. The United States Supreme Court originally stated that...
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37 CFR 204.9 - Judicial review.
2010-07-01
... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Judicial review. 204.9 Section 204.9 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT OFFICE AND PROCEDURES PRIVACY ACT: POLICIES AND PROCEDURES § 204.9 Judicial review. Within two years of the...
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75 FR 12811 - Petition for Waiver of Compliance
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...
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12 CFR 509.41 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Stays pending judicial review. 509.41 Section... pending judicial review. The commencement of proceedings for judicial review of a final decision and order... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...
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17 CFR 200.64 - Judicial review.
2010-04-01
... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Judicial review. 200.64... AND ETHICS; AND INFORMATION AND REQUESTS Canons of Ethics § 200.64 Judicial review. The Congress has provided for review by the courts of the decisions and orders by this Commission. Members should recognize...
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31 CFR 29.406 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.406 Section 29.406 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER CERTAIN DISTRICT OF COLUMBIA RETIREMENT PROGRAMS Claims and Appeals Procedures § 29.406 Judicial review...
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31 CFR 29.515 - Judicial review.
2010-07-01
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Judicial review. 29.515 Section 29.515 Money and Finance: Treasury Office of the Secretary of the Treasury FEDERAL BENEFIT PAYMENTS UNDER... Overpayments § 29.515 Judicial review. An individual whose request for reconsideration has been denied (in...
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Judicial review of administrative silence
Directory of Open Access Journals (Sweden)
Radošević Ratko S.
2015-01-01
Full Text Available Administrative silence is a situation in which the competent authority, within the statutory deadline, has not issued an administrative act at the request of the party. In the case of administrative silence, given the fact that the citizens are unable to protect their rights and legal interests without an administrative act, they are provided with legal protection. In this case, the same legal relationship is created, directly on the basis of the statute, as in the situation in which the party's request is rejected. This means that the party may, under the conditions prescribed by the statute, initiate the procedure of judicial review of administrative silence. In the paper, the author explains the conditions under which the judicial review of administrative silence can be initiated and the role of the court in this judicial procedure.
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Is a driver's license age waiver worth a teen's life?
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
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49 CFR 386.67 - Judicial review.
2010-10-01
... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 386.67 Section 386.67... Decision § 386.67 Judicial review. (a) Any party to the underlying proceeding, who, after an administrative... service of the Final Agency Order, petition for review of the order in the United States Court of Appeals...
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29 CFR 1978.110 - Judicial review.
2010-07-01
... Labor, shall not be subject to judicial review in any criminal or other civil proceedings (49 U.S.C... law judge, shall be transmitted by the Administrative Review Board, United States Department of Labor... 29 Labor 9 2010-07-01 2010-07-01 false Judicial review. 1978.110 Section 1978.110 Labor...
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49 CFR 397.225 - Judicial review.
2010-10-01
... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 397.225 Section 397.225... MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.225 Judicial review. A party to a proceeding under § 397.205(a), § 397.213(a), or § 397.223(a) may seek review by the appropriate district...
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42 CFR 460.28 - Notice of CMS determination on waiver requests.
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...
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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
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The Judicial Domain in View: figures, trends and perspectives
M.A. Loth (Marc); E. Mak (Elaine)
2007-01-01
textabstractWhere will the Dutch judicial system be in 2015? One of us answered a similar type of question elsewhere with a sketch of two frightening scenarios.* In the first scenario the judicial system will have insufficiently adapted itself to its surroundings. The judicial system will become
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Judicial System Restructuring and Modernization in Abu Dhabi
Directory of Open Access Journals (Sweden)
Lawrence Groo
2008-01-01
Full Text Available The purpose of this article is to provide a practical overview of the recently initiated modernization of Abu Dhabi’s judicial system. Beginning in 2007, Abu Dhabi’s Government launched a comprehensive effort to transform the Emirate’s judicial system. While the implementation of these reforms is ongoing, with the adoption of the law in May 2007 establishing the new judicial architecture the initial phase of the modernization program is already complete. The restructuring process encompasses court management and administration reform, a new judicial training regime, a redesigned organizational structure for the Emirate’s Judicial Department and courts, and the establishment of a system-wide strategic planning and budgeting process. Many of these initiatives are supported by applying advanced IT-based applications. Given the early achievements and ambitious broader aims of the restructuring process, Abu Dhabi’s example is relevant not only to the other Emirates within the Federal UAE system, but also within the context of the wider Middle East region.
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12 CFR 404.10 - Fee waivers or reductions.
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...
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34 CFR 73.2 - Conflict of interest waiver.
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...
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75 FR 61562 - Petition for Waiver of Compliance
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...
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48 CFR 225.7003-4 - One-time waiver.
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...
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Judicial civil procedure dragging out in Kosovo
Directory of Open Access Journals (Sweden)
Rrustem Qehaja
2016-03-01
Full Text Available This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it also challenges the general principles related to human rights and freedoms sanctioned not only by the highest legal act of the country, but also with international treaties. The article tends to give a reflection to the most important reasons that effect and influence in these dragging outs of civil procedure, as well as, at the same time aims to give the necessary alternatives to pass through them by identifying dilemmas within the judicial practice. As a result, the motives of this scientific paper are exactly focused at the same time on identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial practice of the European Court of Human Rights on Article 6 of the European Convention on Human Rights, by which it is given the possibility to offering people efficient and within a reasonable time legal protection of their rights before national courts. For these reasons, the paper elaborates this issue based on both, the legal theory and judicial practice.
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5 CFR 930.107 - Waiver of road test.
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...
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Waivering as Governance: Federalism during the Obama Administration
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…
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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...
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48 CFR 952.227-84 - Notice of right to request patent waiver.
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...
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5 CFR 1639.9 - Charges pending waiver or review.
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...
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42 CFR 423.2010 - When CMS, the IRE, or Part D plan sponsors may participate in an ALJ hearing.
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...
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2013-09-27
... Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process. The adjustment to the AIC threshold amounts will be effective for requests for ALJ hearings and judicial review filed on... ALJ hearings and $1,430 for judicial review. DATES: This notice is effective on January 1, 2014. FOR...
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Data driven information system for supervision of judicial open
Directory of Open Access Journals (Sweden)
Ming LI
2016-08-01
Full Text Available Aiming at the four outstanding problems of informationized supervision for judicial publicity, the judicial public data is classified based on data driven to form the finally valuable data. Then, the functional structure, technical structure and business structure of the data processing system are put forward, including data collection module, data reduction module, data analysis module, data application module and data security module, etc. The development of the data processing system based on these structures can effectively reduce work intensity of judicial open iformation management, summarize the work state, find the problems, and promote the level of judicial publicity.
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[The judicialization of health in the Federal District of Brazil].
Diniz, Debora; Machado, Teresa Robichez de Carvalho; Penalva, Janaina
2014-02-01
This paper seeks to analyze the Judiciary's approach with respect to demands for the judicialization of the right to health by means of a case study of civil lawsuits for access to health care in Brazil's Federal District. Judicialization of the right to health signifies the judicialization of various of the health services provided. This is a descriptive and exploratory case study that covers the Federal District and uses mixed techniques to gather and analyze data. This study analyzed 385 lawsuits (87% of the total number of cases of judicialization of health for the period from 2005 to 2010 that reached the Appellate court). The results indicate that the most judicialized service is access to intensive care unit, followed by drugs and health care. Almost all lawsuits are filed by public defenders, with medical prescriptions and recommendations from the public health service. The results of this study challenge some dominant themes in the national debate, particularly the claim that judicialization is a phenomenon of the elites and that the services judicialized are drugs. The study does not seek to make generalizations, but highlights the fact that the phenomenon of judicialization of health has different aspects encompassed under the same concept.
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Thompson, Frank J; Burke, Courtney
2007-12-01
Executive federalism emphasizes collaboration between the executive branches at the national and state levels to transform grant programs through the implementation process. In this regard, Medicaid demonstration waivers loomed large during the presidencies of Bill Clinton and George W. Bush. This article documents and compares the volume and substance of section 1115 Medicaid waiver activity under the two presidencies. From the perspective of policy performance, Medicaid demonstration waivers provide modest support for the view that states serve as laboratories for policy learning in the health care arena. More broadly, the waivers have not yielded a major solution to the problem of the uninsured and are unlikely to do so. At the same time, they have not (as some have suggested) been a subterranean force for the erosion of Medicaid. To the contrary, these waivers have often enhanced health services for low-income people; above all, they have helped preserve Medicaid as an entitlement by undercutting support for those seeking to convert the program into a block grant. From the perspective of the democratic process, we find that Congress has been a more significant player in shaping waivers than the executive federalism model suggests. While the decision processes surrounding Medicaid waivers often fall short of democratic standards with respect to transparency and opportunities for public input, they still compare favorably to certain alternatives.
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42 CFR 456.506 - Waiver options for Medicaid agency.
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...
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Directory of Open Access Journals (Sweden)
Daniel Polignano Godoy
2015-12-01
Full Text Available El presente artículo, a fin de contribuir a los estudios sobre la política judicial, la gestión y la administración de la justicia en Brasil, ofrece una visión general de algunos aspectos relevantes de la organización del Poder Judicial español a saber, la selección y formación de los magistrados, la reforma de la secretaria judicial y la figura del secretario judicial, que son temas de interés actual en vista de las similitudes socio-culturales y jurídicas, y la coincidencia entre los problemas que enfrentan los poderes judiciales de Brasil y España. Aunque no contenga una sugestión de "importación" de soluciones acríticas extranjeras, propone una profundización del estudio de estos puntos, con el fin de evaluar los posibles impactos positivos que tuvieron en el caso español y verificar si no serían medidas interesantes a aplicarse en el escenario brasileño, especialmente en el caso de la secretaria judicial, cuya función consiste en aliviar el juez de la gestión de la unidad administrativa y de trabajos "burocráticos", para centrarse en la función judicial, al mismo tiempo en que permitiría la centralización y la especialización de la gestión y del trabajo administrativo.
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Directory of Open Access Journals (Sweden)
Anthony Smith
2015-12-01
Full Text Available After the abolition of corporal punishment at schools, teachers have been faced with an increase in unacceptable learner behaviour and threatening situations in their classrooms. An urgent need arose to address learner discipline in innovative ways. Disciplinary hearings that deal with cases of serious misconduct represent a shift away from authoritarian control towards a corrective and restorative approach. This article presents views of educators that had acted as evidence leaders (“ELs” at disciplinary hearings. Qualitative data was collected through semi-structured interviews in a district of the Gauteng Education Department. AtlasTi software was utilised to analyse the verbatim interview transcriptions. Educators that usually served as evidence leaders (“prosecutors”, but had not been trained in law, experienced problems in conducting quasi-judicial functions without proper support and training. ELs regularly experience animosity from parents and learners; are frustrated by the unwillingness and failure of the provincial education departments to act in accordance with an SGB recommendation. Disciplinary hearings are time-consuming and lawyers representing learners complicate rather than facilitate the process. These weaknesses jeopardise the efficacy and fairness of the process and may ultimately defeat the purpose of a disciplinary hearing.
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Directory of Open Access Journals (Sweden)
Gar Yein Ng
2014-12-01
Full Text Available This commentary examines the contribution in this edition by Roach Anleu & Mack, based on arguments that reducing judicial performance evaluation (ergo any professional performance to that which is easily measurable removes the human aspect of that performance, and is therefore less accurate. Here, “measurable” is meant as focusing only on the “outward performance”, “interaction with stakeholders” and how judges perform in relation to numbers of cases. Compared to such organisational standards, judicial codes of ethics or other written codes reflect the more traditional values of the judiciary, such as independence and impartiality. This can be seen e.g. in the experiences of the Organisation for Security and Cooperation in Europe in supporting the use of judicial performance standards. The argument in the paper, supported by this commentator, is that such exercises are superficial and more depth is needed to capture the entirety of the judicial experience using the model presented. Este comentario analiza el artículo de Roach Anleu y Mack en este número, en base a los argumentos de que limitar la evaluación del rendimiento judicial (ergo cualquier rendimiento profesional a lo que es fácilmente medible elimina el aspecto humano de ese rendimiento, y es por lo tanto menos preciso. Aquí, por “medible” se entiende lo que está centrado únicamente en el “rendimiento exterior”, la “interacción con los interesados” y el rendimiento de los jueces en relación con el número de casos. En comparación con estas normas de organización, los códigos judiciales de ética u otros códigos escritos reflejan los valores más tradicionales de la judicatura, como la independencia o imparcialidad. Esto puede verse, por ejemplo, en las experiencias de la Organización para la Seguridad y la Cooperación en Europa en apoyar el uso de las normas de rendimiento judicial. El argumento del artículo, apoyado por esta autora, es que estos
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38 CFR 1.963 - Waiver; other than loan guaranty.
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...
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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...
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Italian Microhistory, anthropology and judicial archives
Directory of Open Access Journals (Sweden)
Eulalia Hernández Ciro
2016-01-01
Full Text Available From the interceptions between the Italian microhistory and anthropology, this article aims to provide a central debate of contemporary historiography account of popular culture and subaltern classes from the intensive and exhaustive judicial proceedings. To do this, some of the impacts of anthropology will be addressed in the historical work, as the appearance and questioning notion of popular culture, the ethnographic value of court files and finally, some possibilities in the case of Judicial Historical Archive of Medellin.
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Explaining judicial corruption in the courts of Chile, Peru and Ecuador
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.
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[Mistakes and omissions in judicial reports prepared in emergency services].
Turla, Ahmet; Aydin, Berna; Sataloğlu, Neva
2009-03-01
We aimed in this study to determine any mistakes or omissions made while preparing judicial reports, which contribute to the judicial process. In this study, we evaluated as samples 351 judicial reports of victims who applied to the Emergency Service of Ondokuz Mayis University between January 1, 2005 and December 31, 2005 with respect to the judicial facts, and we recorded any mistakes or omissions of data in these reports. We determined that there was no record of age in 6% of the judicial reports, of examination time in 71.8%, of traumatic lesion or not in 30.5%, of the state of consciousness in 58.7%, and of the presence or not of life-threatening risks in 2.6%. The name of the physician who prepared the report was not provided in 8.0% of the reports. The most important omission is that none of the reports had the name, surname or signature of the person who had taken the prepared report. We concluded that, after graduation, it is necessary for physicians, who are responsible for both treating the patients and writing judicial reports, to attend in-service training programs. They must also be properly advised regarding their responsibilities in judicial cases.
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Directory of Open Access Journals (Sweden)
David Kosař
2017-03-01
Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.
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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.
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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
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Directory of Open Access Journals (Sweden)
Têmis Limberger
2017-04-01
Full Text Available The proposed study is based on the jurisdictional action of the Courts when adopting positions that go against the current legislation and even the Constitutional text, making use of premises of the neoconstitutional doctrine, which deals with the concrete application of the Federal Constitution, in order to demonstrate the use of these parameters as basis or foundation for judicial decisions of activist nature, and specifically to point out the effects of the judgments of this nature. The insecurity caused by the res judicata that adopt the practices worked in this doctrine, denying what is in the Law and in the Constitution, justify the relevance of the research, which faces these problems in the light of Contemporary Juridical Hermeneutics. The research method was the bibliographic survey and the study of judicial decisions, with emphasis on TSE and STF. Thus, in general, the objective is to make it clear that in these cases there is a misconception of the Judiciary in the form of interpreting and deciding, and it specifically points out that the decisions of the Electoral Courts reach out as an instrument of judicial activism, which is strengthened by the Neoconstitutional doctrine.
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Effects of Moral Conduct Waivers on First-Term Attrition of U.S. Army Soldiers
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
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31 CFR 357.23 - Judicial proceedings-sovereign immunity.
2010-07-01
... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Judicial proceedings-sovereign immunity. 357.23 Section 357.23 Money and Finance: Treasury Regulations Relating to Money and Finance... Securities System (Legacy Treasury Direct) § 357.23 Judicial proceedings—sovereign immunity. (a) Department...
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Medicaid Waivers and Public Sector Mental Health Service Penetration Rates for Youth.
Graaf, Genevieve; Snowden, Lonnie
2018-01-22
To assist families of youth with serious emotional disturbance in financing youth's comprehensive care, some states have sought and received Medicaid waivers. Medicaid waivers waive or relax the Medicaid means test for eligibility to provide insurance coverage to nonpoor families for expensive, otherwise out-of-reach treatment for youth with Serious Emotional Disturbance (SED). Waivers promote treatment access for the most troubled youth, and the present study investigated whether any of several Medicaid waiver options-and those that completely omit the means test in particular-are associated with higher state-wide public sector treatment penetration rates. The investigators obtained data from the U.S. Census, SAMHSA's Uniform Reporting System, and the Centers for Medicare and Medicaid Services. Analysis employed random intercept and random slope linear regression models, controlling for a variety of state demographic and fiscal variables, to determine whether a relationship between Medicaid waiver policies and state-level public sector penetration rates could be observed. Findings indicate that, whether relaxing or completely waiving Medicaid's qualifying income limits, waivers increase public sector penetration rates, particularly for youth under age 17. However, completely waiving Medicaid income limits did not uniquely contribute to penetration rate increases. States offering Medicaid waivers that either relax or completely waive Medicaid's means test to qualify for health coverage present higher public sector treatment rates for youth with behavioral health care needs. There is no evidence that restricting the program to waiving the means test for accessing Medicaid would increase treatment access. (PsycINFO Database Record (c) 2018 APA, all rights reserved).
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Judicial police, functions and its development in Albania
Directory of Open Access Journals (Sweden)
Asllan Dogjani
2016-03-01
Full Text Available This article aims at a consistent search of the opinions about the judicial police as one of the subjects, contained in the Albanian criminal procedural law. In article 30 of the Albanian Criminal Procedure Code, are sanctioned the functions, division, addiction and judicial police duties. In the initial phase, the preliminary investigations are the basis of criminal proceedings. This phase includes evidences that cannot be replicated, the security measures are set, it is performed the notice of suit and necessary datas are collected. Searching, tracking, capture and bringing before trial of the perpetrators is considered as one of the oldest activities of human being. The need to ensure these regulations and the aim to prevent the consequences of any criminal activity has forced societies and different states to establish special investigative bodies (investigation and to determine by time their rights and obligations. So judicial police organs were provided and charged with competences and legal responsibility for the detection, crime preventions and research, capturing and bringing before the court, individuals or groups who commit criminal activities. From a comparative overview of legislation of the judicial police in several countries around the world, it is shown that there is no extreme change in structures and organizational patterns of these bodies, missions, powers and responsibilities they exercise (Elezi, 1997, 13. Judicial police in Albania has also been and is one of the important subjects of the criminal proceedings. In the historical perspective these bodies have had mixed origins and nature, and in different times they were military or civilian institutions. In this context, main purpose of this paper is the analysis of judicial police in
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Constitutionalization of judicial independence: In comparative law and in Serbian legislation
Directory of Open Access Journals (Sweden)
Pejić Irena
2014-01-01
Full Text Available The aim of this paper is to point out that the guarantees of judicial independence have to be regulated by the Constitution as they create de iure framework for the independence of the judiciary in the rule of law system. The author is aware that the constitutional guarantees are per se insufficient and that their primary features may yield different effects depending on the political environment and cultural matrix in which they take effect. The judicial system operates in the circumstances of the separation of powers, where the independent judiciary is corroborated a guarantee of the rule of law. Hence, it is important to concurrently elaborate on the institutional and personal guarantees of judicial independence, focusing on the responsibility of the political authorities to create a relevant social environment for the operation of the independent judiciary as well as on the responsibility of the judiciary to independently exercise their judicial function. The author's intention in this paper is to provides a comparative analysis on the guarantees of independent judiciary and the minimum rules that constitute the cohesive core which serves as the common meeting grounds not only for the EU member states but also for all countries of the European-Continental legal system in their efforts to ensure the judicial independence as the primary condition for exercising the rule of law. The corpus of constitutional guarantees on independent judiciary includes the following elements: the judicial appointments and termination of a judicial office; the permanence of the judicial office and impartiality in decision-making processes; the professional responsibility and judicial immunity; as well as the recently established judicial councils, which have been given the constitutional authority to protect the independence of the judiciary.
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12 CFR 747.41 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Stays pending judicial review. 747.41 Section... of Practice and Procedure § 747.41 Stays pending judicial review. The commencement of proceedings for... part of its order pending a final decision on a petition for review of that order. ...
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75 FR 28077 - Small Business Size Standards: Waiver of the Nonmanufacturer Rule
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...
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EFFECTS OF EBT CUSTOMER SERVICE WAIVERS ON FOOD STAMP RECIPIENTS: EXECUTIVE SUMMARY
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...
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Machine Readable Passports & The Visa Waiver Programme
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 ...
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Judicial Process, Grade Eight. Resource Unit (Unit V).
Minnesota Univ., Minneapolis. Project Social Studies Curriculum Center.
This resource unit, developed by the University of Minnesota's Project Social Studies, introduces eighth graders to the judicial process. The unit was designed with two major purposes in mind. First, it helps pupils understand judicial decision-making, and second, it provides for the study of the rights guaranteed by the federal Constitution. Both…
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25 CFR 900.145 - On what basis may the Secretary deny a waiver request?
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...
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25 CFR 1000.228 - What are examples of waivers prohibited by law?
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...
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12 CFR 308.41 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Stays pending judicial review. 308.41 Section... OF PRACTICE AND PROCEDURE Uniform Rules of Practice and Procedure § 308.41 Stays pending judicial... finds just, stay the effectiveness of all or any part of its order pending a final decision on a...
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48 CFR 252.225-7033 - Waiver of United Kingdom levies.
2010-10-01
... waiver of levies included in the price of this contract, the U.S. Government reserves the right to reduce the contract price by the amount of the levy waived plus associated indirect costs and profit or fee... attempt to obtain a waiver of any commercial exploitation levies included in the price of this contract...
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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...
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25 CFR 11.438 - Flight to avoid prosecution or judicial process.
2010-04-01
... 25 Indians 1 2010-04-01 2010-04-01 false Flight to avoid prosecution or judicial process. 11.438... OFFENSES AND LAW AND ORDER CODE Criminal Offenses § 11.438 Flight to avoid prosecution or judicial process... Offenses exercises jurisdiction for the purpose of avoiding arrest, prosecution or other judicial process...
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12 CFR 19.41 - Stays pending judicial review.
2010-01-01
... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Stays pending judicial review. 19.41 Section 19... PROCEDURE Uniform Rules of Practice and Procedure § 19.41 Stays pending judicial review. The commencement of... effectiveness of all or any part of an order pending a final decision on a petition for review of that order. ...
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Directory of Open Access Journals (Sweden)
Miguel Ángel Ruiz López
2013-10-01
Full Text Available El ejercicio de las potestades administrativas suscita una consideración desde la perspectiva del derecho fundamental a la inviolabilidad del domicilio. ¿Pero todos los lugares a los que puede acceder la Administración en el ejercicio de sus potestades constituyen domicilio, en el sentido constitucional del término? ¿Puede afirmarse que la autorización judicial es preceptiva en todos los supuestos específicos de ejercicio de potestades administrativas? En el presente trabajo se analiza la jurisprudencia constitucional y contencioso-administrativa recaída en torno al concepto de domicilio constitucional, con especial atención a su aplicación en el ámbito de las potestades administrativas. Asimismo se examinan las reglas y principios esenciales aplicables al procedimiento judicial cuando es precisa la autorización de entrada administrativa, con alusión a la competencia para otorgarla, al trámite de audiencia y al contenido mismo de la resolución judicial. The exercise of administrative powers can be analyzed from the perspective of the fundamental right to the inviolability of the home. Every place where administrative entry is possible, could be considered home in the constitutional sense of the term? Is always required authorization in any case of administrative powers exercise? This paper examines the Spanish constitutional and administrative case law around the concept of constitutional home; particularly from administrative powers point of view. It also focuses on the rules and principles applicable to judicial proceedings when entry authorization is needed, with reference to the power to grant it, the hearing process and the content of the judgment.
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40 CFR 13.12 - Interest and charges pending waiver or review.
2010-07-01
... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Interest and charges pending waiver or review. 13.12 Section 13.12 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL CLAIMS COLLECTION STANDARDS Collection § 13.12 Interest and charges pending waiver or review. Interest, penalty...
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22 CFR 213.13 - Interest and charges pending waiver or review.
2010-04-01
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Interest and charges pending waiver or review. 213.13 Section 213.13 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT CLAIMS COLLECTION Collection § 213.13 Interest and charges pending waiver or review. Interest, penalty charges and...
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47 CFR 1.1166 - Waivers, reductions and deferrals of regulatory fees.
2010-10-01
... fees. 1.1166 Section 1.1166 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL PRACTICE AND... deferrals of regulatory fees. The fees established by sections 1.1152 through 1.1156 may be waived, reduced... waiver, reduction or deferral of the fee would promote the public interest. Requests for waivers...
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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...
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49 CFR 397.217 - Waiver processing.
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...
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48 CFR 1515.404-474 - Waivers.
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...
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2010-09-24
... Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process. The adjustment to the AIC threshold amounts will be effective for requests for ALJ hearings and judicial review filed on... judicial review. DATES: Effective Date: This notice is effective on January 1, 2011. FOR FURTHER...
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Directory of Open Access Journals (Sweden)
Patricia Fernandes Bega
2016-10-01
Full Text Available The article is subject to study the Principle of Judicial Cooperation. The problem of research focuses on the conflict between the institution of bankruptcy and labor laws. The initial hypothesis is that the principle of protection to workers and the Judicial Recovery Institute reveal clash, contradiction and non-cooperation. In this way, the work seeks to demonstrate that the procedural rule of judicial cooperation brought about by the new CPC is an instrument of dialogue between material contradictions. The objective is to analyze the new civil procedure code and the difficulty to cooperate the irreconcilable. The method used was deductive.
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40 CFR 266.110 - Waiver of DRE trial burn for boilers.
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...
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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.
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Methodologies for Measuring Judicial Performance: The Problem of Bias
Directory of Open Access Journals (Sweden)
Jennifer Elek
2014-12-01
Full Text Available Concerns about gender and racial bias in the survey-based evaluations of judicial performance common in the United States have persisted for decades. Consistent with a large body of basic research in the psychological sciences, recent studies confirm that the results from these JPE surveys are systematically biased against women and minority judges. In this paper, we explain the insidious manner in which performance evaluations may be biased, describe some techniques that may help to reduce expressions of bias in judicial performance evaluation surveys, and discuss the potential problem such biases may pose in other common methods of performance evaluation used in the United States and elsewhere. We conclude by highlighting the potential adverse consequences of judicial performance evaluation programs that rely on biased measurements. Durante décadas ha habido una preocupación por la discriminación por género y racial en las evaluaciones del rendimiento judicial basadas en encuestas, comunes en Estados Unidos. De acuerdo con un gran corpus de investigación básica en las ciencias psicológicas, estudios recientes confirman que los resultados de estas encuestas de evaluación del rendimiento judicial están sistemáticamente sesgados contra las mujeres y los jueces de minorías. En este artículo se explica la manera insidiosa en que las evaluaciones de rendimiento pueden estar sesgadas, se describen algunas técnicas que pueden ayudar a reducir las expresiones de sesgo en los estudios de evaluación del rendimiento judicial, y se debate el problema potencial que estos sesgos pueden plantear en otros métodos comunes de evaluación del rendimiento utilizados en Estados Unidos y otros países. Se concluye destacando las posibles consecuencias adversas de los programas de evaluación del rendimiento judicial que se basan en mediciones sesgadas. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2533937
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Does Judge Turnover Affect Judicial Performance?
DEFF Research Database (Denmark)
Guerra, Alice; Tagliapietra, Claudio
2017-01-01
office to another after three years of mandate, and the law prescribes their transfer after ten years to guarantee their independence. Flaws in the process managing the backlog of outbound judges and the existence of asynchrony between outbound and inbound transfers produce a chain of delays...... to the disposition of court cases. Using a novel dataset on Court of Appeal Districts in Italy (2008–2012), we provide evidence of a strong negative relation between high turnover rates and judicial performance. We find that marginal increases in judge turnover rates lead to a statistically significant decrease...... in judicial performance over two years of time...
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HISTORIOGRAPHY GENERAL, REGIONAL AND SPECIAL STUDIES OF JUDICIAL REFORM IN RUSSIA 1864
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
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Directory of Open Access Journals (Sweden)
Koos Malan
2014-12-01
Full Text Available The South African Judicial Service Commission (JSC, considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately erupted into a full-blown conflict between those who could here be referred to as the transformationists, on the one hand, and the liberals, on the other. The transformationists, who may generally be regarded as falling within the sphere of influence of the ruling elite under the African National Congress (ANC, are bent on pursuing the policy of transformation. Hence they insist that the composition of the bench must reflect the national population profile and on individual judges' pursuing the ruling party's ideological goals. The liberals reject this as a threat to judicial independence and the professional competence of the judiciary. On close analysis the clash is based on incompatible interpretations of judicial independence and impartiality. This article is a critique of these interpretations against the backdrop of an assessment of what these notions can reasonably be expected to achieve. It is argued that the liberals are harbouring unrealistic views about judiciaries, believing them to wield power which may even extend over matters of political significance, powers on a par with or even outweighing those of the political branches. However, on proper analysis it is clear that the judiciary is in fact, firstly, inherently weak and dependent on the support of the political branches; and, secondly, it is integrated into the ruling elite with whom they share the same ideological assumptions without any inclination to oppose them. Hence, the impartiality of the courts, when it comes to politically sensitive issues, is distinctively politically (regime relative and ideologically conditioned. Ironically the transformationists have bought into the liberals' erroneous belief in the potency of the courts (in the above-mentioned sense
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The Judicial Process as a Form of Program Evaluation.
Ellsberry, James
1980-01-01
Maintaining that the judicial process is particularly effective as a form of program evaluation, this article details organizational procedures and lists the following advantages for use of the judicial process: issues are investigated in an open forum, the community can participate, and exciting opportunities for teaching and learning are…
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Political Science, The Judicial Process, and A Legal Education
Funston, Richard
1975-01-01
Application of the behavioral approach to the study of the judicial process is examined including methodological approaches used, typical findings, and "behavioralists'" rejection of the case method of studying law. The author concludes that the behavioral approach to the study of judicial politics has not been substantially productive. (JT)
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2011-09-23
... Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process. The adjustment to the AIC threshold amounts will be effective for requests for ALJ hearings and judicial review filed on... $1,350 for judicial review. DATES: Effective Date: This notice is effective on January 1, 2012. FOR...
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2012-09-28
... Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process. The adjustment to the AIC threshold amounts will be effective for requests for ALJ hearings and judicial review filed on... $1,400 for judicial review. Effective Date: This notice is effective on January 1, 2013. FOR FURTHER...
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29 CFR 575.7 - Statutory conditions for employment under the waiver.
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...
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Directory of Open Access Journals (Sweden)
Estefania Maria de Queiroz Barboza
2016-12-01
Full Text Available Resumo: No presente artigo examinaram-se as origens históricas do judicial review nos Estados Unidos da América desde o caso Marbury v. Madison até a Corte Burger, bem como os reflexos de sua concepção no chamado “ativismo judicial” norte-americano, o qual acabou por priorizar o papel da jurisdição constitucional na proteção dos direitos fundamentais garantidos na Constituição, mesmo que isso implicasse enfrentar questões tipicamente políticas. Ou seja, apresentaram-se casos nos quais a Suprema Corte atuou de forma ativista especialmente na proteção de direitos fundamentais, embora em outros momentos tenha atuado justamente no sentido contrário, como na Era Lochner, numa postura conservadora em relação à proteção de direitos. Palavras-chave: Ativismo judicial. Suprema Corte. Estados Unidos. Judicial Review.
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75 FR 68394 - Small Business Size Standards: Waiver of the Nonmanufacturer Rule
2010-11-05
..., Participants in SBA's 8(a) Business Development (BD) Program, or Women-Owned Small Business (WOSB) concerns... SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of Waiver to the Nonmanufacturer Rule for...
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25 CFR 1000.227 - What happens if the Secretary denies the waiver request?
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...
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State adoption of Medicaid 1915(c) waivers for children and youth with Autism Spectrum Disorder.
Merryman, M Beth; Miller, Nancy A; Shockley, Emily; Eskow, Karen Goldrich; Chasson, Gregory S
2015-07-01
The prevalence of Autism Spectrum Disorder (ASD) has increased dramatically, with one in every 68 children in the U.S. currently diagnosed with ASD. Medicaid is the primary public funder of health care services for individuals with ASD. One mechanism state Medicaid agencies can use to craft ASD-specific services is a 1915(c) waiver. This study investigated what state policy makers perceived to be primary success factors and barriers to adopting an ASD specific 1915(c) waiver, as well as what services and supports are available in each state for children and transition-age youth with ASD. Data were collected by contacting state Medicaid directors via email with an electronic survey, with an 84% response rate. Support from state legislators and parents and family members were the primary success factors in adopting an ASD specific waiver. The primary barrier was insufficient funding. States not adopting an ASD specific waiver also perceived that children and youth with ASD were served sufficiently well through other Medicaid benefits. Analysis of specific services indicated that the majority of states provide their services to children and transition age youth with ASD through a 1915(c) waiver for individuals with intellectual or developmental disabilities, often coupled with an ASD specific waiver for children, another 1915(c) waiver for children, and/or a another 1915(c) waiver, most often for children with serious emotional disturbance. Further research is needed to determine which approach(es) is most effective in enhancing access and improving outcomes for children and youth with ASD. Copyright © 2015 Elsevier Inc. All rights reserved.
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2009-03-01
provided to preserving individual rights by “. . . narrowing the range of rights- violative options available to the government in the next emergency...relationship with the government as agent )142 who sounds a “fire alarm,” by bringing a complaint before the...Judicial Review,” 24-30. 142 Ibid., “Judicial Review Supports Popular Sovereignty by Mitigating the Principal- Agent Problem that Lies at the Heart of
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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...
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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...
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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...
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Explaining the judicial independence of international courts: a comparative analysis
DEFF Research Database (Denmark)
Beach, Derek
What factors allow some international courts (ICs) to rule against the express preferences of powerful member states, whereas others routinely defer to governments? While judicial independence is not the only factor explaining the strength of a given international institution, it is a necessary...... condition. The paper first develops three sets of competing explanatory variables that potentially can explain variations in the judicial independence of ICs. The causal effects of these explanatory variables upon variance in judicial independence are investigated in a comparative analysis of the ACJ, ECJ...
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Regional Courts as Judicial Brakes?
Directory of Open Access Journals (Sweden)
Metcalf Katrin Nyman
2017-12-01
Full Text Available The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power.
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Considering the consequences of increased reliance on judicial assistants: A study on Dutch courts
Holvast, N.L.
2014-01-01
Virtually all judicial systems employ judicial staff members to assist judges in their work. However, except for US Supreme Court law clerks the role of these judicial assistants in judicial decision-making is minimally understood. This observation also holds true for the Netherlands, where an
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76 FR 42157 - Small Business Size Standards; Waiver of the Nonmanufacturer Rule
2011-07-18
... Development (BD) Program, or Women- Owned Small Business (WOSB) concerns to provide the products of small... SMALL BUSINESS ADMINISTRATION Small Business Size Standards; Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of Retraction of a Class Waiver SUMMARY: The U...
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78 FR 76886 - Small Business Size Standards: Waiver of the Nonmanufacturer Rule
2013-12-19
..., Participants in SBA's 8(a) Business Development (BD) Program, or Women-Owned Small Business (WOSB) concerns... SMALL BUSINESS ADMINISTRATION Small Business Size Standards: Waiver of the Nonmanufacturer Rule AGENCY: U.S. Small Business Administration. ACTION: Notice of Final Action: Granting Class Waiver of the...
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Directory of Open Access Journals (Sweden)
Kelly de Souza Barbosa
2017-02-01
Full Text Available Separation of powers is one of strongest aspects of contemporary constitutionalism, mostly to rationalize the exercise of state power. In Brazil, the 1988 Constitution provides as entrenchment clause to tripartition of powers. However, there is a change in paradigms, especially at the level of constitutional jurisdiction, through the phenomena of judicialization and judicial activism because the intervention of the Judiciary in the primary functions of other powers. Using deductive and descriptive method, bibliographical and documentary research, we tried to point out the harms that the invasive action of the Judiciary causes to the functional balance between the powers and democracy.
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44 CFR 5.8 - Records involved in litigation or other judicial process.
2010-10-01
... litigation or other judicial process. 5.8 Section 5.8 Emergency Management and Assistance FEDERAL EMERGENCY... Provisions § 5.8 Records involved in litigation or other judicial process. Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United...
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40 CFR 123.30 - Judicial review of approval or denial of permits.
2010-07-01
... permitting process. A State will meet this standard if State law allows an opportunity for judicial review... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Judicial review of approval or denial... (CONTINUED) WATER PROGRAMS STATE PROGRAM REQUIREMENTS State Program Submissions § 123.30 Judicial review of...
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10 CFR 9.41 - Requests for waiver or reduction of fees.
2010-01-01
... publication fee; and (8) Describe any commercial or private interest the requester or any other party has in... 10 Energy 1 2010-01-01 2010-01-01 false Requests for waiver or reduction of fees. 9.41 Section 9... Requests for waiver or reduction of fees. (a)(1) The NRC will collect fees for searching for, reviewing...
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10 CFR 1703.106 - Requests for waiver or reduction of fees.
2010-01-01
... provided free of charge or provided for an access or publication fee; and (8) Describe any commercial or... 10 Energy 4 2010-01-01 2010-01-01 false Requests for waiver or reduction of fees. 1703.106 Section... Requests for waiver or reduction of fees. (a) The Board shall collect fees for record requests made under...
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21 CFR 314.235 - Judicial review.
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...
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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...
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42 CFR 433.130 - Waiver of conditions of initial operation and approval.
2010-10-01
... Claims Processing and Information Retrieval Systems § 433.130 Waiver of conditions of initial operation... system will not significantly improve the efficiency of the administration of the State plan. (c) If CMS... waiver, that a system would significantly improve the administration of the State Medicaid program, CMS...
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48 CFR 970.2702-6 - Notice of right to request patent waiver.
2010-10-01
... patent waiver. 970.2702-6 Section 970.2702-6 Federal Acquisition Regulations System DEPARTMENT OF ENERGY AGENCY SUPPLEMENTARY REGULATIONS DOE MANAGEMENT AND OPERATING CONTRACTS Patents, Data, and Copyrights 970.2702-6 Notice of right to request patent waiver. Contracting officers must include the provision at 970...
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45 CFR 50.5 - Waivers for the delivery of health care service.
2010-10-01
... early as they possibly can while still in the residency training program. Early filing of the waiver... to and independent of the existing waiver and visa criteria established by the Immigration and... 200 percent of poverty income level. Persons with third-party insurance may be charged the full fee...
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Legislative and Judicial Information Systems.
Becker, Louise Giovane
1983-01-01
Reviews computer applications in judicial, legal, and legislative information activities being used to support litigation and court administration, assist in searching for legislation and laws, aid criminal justice information systems, and provide appropriate bibliographic and reference assistance. Management issues in automating systems are…
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78 FR 42994 - Waiver of 14 CFR 437.29 and 437.55(a) for Scaled Composites, LLC
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...
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Public Politics of Health and Aspects of its Judicialization
Directory of Open Access Journals (Sweden)
Rafael Fernando dos Santos
2015-12-01
Full Text Available This article was elaborated in order to analyze issues relating to the judicialization of cases involving health, understanding health as a public policy aimed at to guarantee the fundamental right to it linked, that is, the concept of health that the authos intended to work is not far from that contained in the combined reading of Articles 6 and 196 of the Constitution, consecrators to be the health, universal right and duty of the state, guaranteed through social and economic policies aimed at to reduce the risk of disease and other becomes, ensuring also the universal and equal access to actions and services for its promotion, protection and recovery. With this approach it is intended to analyze the feasibility and consequences of judicial control of social and economic policies of promotion, protection and recovery, access, anyway, the effective flow to the fundamental right. Relating to the methodological aspects employed in the analysis of the issue concerning to the health, it was searched in the interpretation of constitutional provisions that secure the subjective right the starting point of the analysis as well as the unwavering appreciation of inseparability of judicial control in the context of public policy, assessing possible limits of the judicial branch, and then to realize a brief analysis of previous trial in the Supreme Court and extract from this jurisprudencial context the minimum goals for aspects of health judicialization.
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Do Hearing Protectors Protect Hearing?
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
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25 CFR 1000.222 - How does a Tribe/Consortium obtain a waiver?
2010-04-01
... ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Waiver of Regulations § 1000.222 How does a Tribe/Consortium obtain a waiver? To...; (b) Identify the regulation to be waived and the reasons for the request; (c) Identify the programs...
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16 CFR 5.68 - Judicial review.
2010-01-01
... CONDUCT Disciplinary Actions Concerning Postemployment Conflict of Interest § 5.68 Judicial review. A respondent against whom the Commission has issued an order imposing disciplinary action under this part may...
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POLITIK HUKUM JUDICIAL REVIEW DI INDONESIA
Directory of Open Access Journals (Sweden)
Kartono Kartono
2011-03-01
Full Text Available Although Indonesia judicial review system is not opens the possibility of regulations review under the act against the constitution, das sollen pracitically these conditions may still occur. From political of law the legal authority of constitutional court should be able to put the interests of citizens rights that are based on the principles of recognition, guarantees, protection and legal certainty of a fair and equal treatment before the law. Given that changes in the constitution can not be done easily, then the judicial review in UUD 1945 should not be formulated too limitedly that restricting the organic law to complete and explore the authority that is adaptable to any concrete problem. Keywords: politics of law, constitutional court, UUD 1945, limitedly.
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75 FR 52790 - Small Business Size Standards: Waiver of the Nonmanufacturer Rule
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...
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48 CFR 52.215-17 - Waiver of Facilities Capital Cost of Money.
2010-10-01
... Capital Cost of Money. 52.215-17 Section 52.215-17 Federal Acquisition Regulations System FEDERAL... Provisions and Clauses 52.215-17 Waiver of Facilities Capital Cost of Money. As prescribed in 15.408(i), insert the following clause: Waiver of Facilities Capital Cost of Money (OCT 1997) The Contractor did not...
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Get out of Fines Free: Recruiting Student Usability Testers via Fine Waivers
Hockenberry, Benjamin; Blackburn, Kourtney
2016-01-01
St. John Fisher College's Lavery Library's Access Services and Systems departments began a pilot project in which students with overdue fines tested usability of library Web sites in exchange for fine waivers. Circulation staff promoted the program and redeemed fine waiver vouchers at the Checkout Desk, while Systems staff administered testing and…
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3 CFR - Waiver of Restriction on Providing Funds to the Palestinian Authority
2010-01-01
... hereby certify that it is important to the national security interests of the United States to waive the... 3 The President 1 2010-01-01 2010-01-01 false Waiver of Restriction on Providing Funds to the...-23 of July 8, 2009 Waiver of Restriction on Providing Funds to the Palestinian Authority Memorandum...
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25 CFR 1000.226 - On what basis may the Secretary deny a waiver request?
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...
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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...
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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...
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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...
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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...
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77 FR 11700 - Application, Review, and Reporting Process for Waivers for State Innovation
2012-02-27
... State Innovation AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS; Department of the Treasury... of initial applications for a Waiver for State Innovation described in section 1332 of the Patient... Treasury (the Secretaries) to issue regulations regarding procedures for Waivers for State Innovation under...
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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...
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32 CFR Appendix A to Part 625 - Dependent Travel Waiver of Liability
2010-07-01
... business in or while using a Government vehicle. Dates of travel are from _____ to _____ 19__. I do hereby... 32 National Defense 3 2010-07-01 2010-07-01 true Dependent Travel Waiver of Liability A Appendix A...—Dependent Travel Waiver of Liability “I (Name of dependent) will be accompanying _____, (Name of employee...
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[Hearing loss and idoneity--the segnalation of noise-induced hearing loss hearing Loss].
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.
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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...
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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...
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Modernization experience of judicial policy post soviet countries
Directory of Open Access Journals (Sweden)
O. A. Antoniuc
2014-12-01
The findings indicate that analysis of the accumulated Georgia and Kazakhstan, as well as other postSoviet states, the experience of modernization policy of national judicial systems is very useful for the improvement of the domestic judicial system in the context of the proclaimed judicial reform. First it must ensure the restoration of the unity of the judiciary in the possibility of the existence of certain specialized vessels. Regarding the latter, it is interesting Kazakhstan practice, when the specialized courts are formed with the status of the regional or district court, without disrupting the unity of the judiciary, which is headed by the Supreme Court. Considerable interest may also be the creation of the courts of public councils to assess the ethical qualities of the candidates for judges, the introduction of the modelspeakers of judges, the development of pretrial (mediation and alternative (arbitration courts forms of dispute resolution.
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77 FR 6169 - Buy America Waiver Notification
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...
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78 FR 535 - Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives
2013-01-03
... Regulatory Action 1. Need for the Regulatory Action Certain spouses, children, and parents of U.S. citizens.... citizen spouses, parents, or children, while USCIS adjudicates their waiver applications. In some cases, waiver application processing can take well over one year, prolonging the separation of these immediate...
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Semantic Storyboard of Judicial Debates: A Novel Multimedia Summarization Environment
Fersini, E.; Sartori, F.
2012-01-01
Purpose: The need of tools for content analysis, information extraction and retrieval of multimedia objects in their native form is strongly emphasized into the judicial domain: digital videos represent a fundamental informative source of events occurring during judicial proceedings that should be stored, organized and retrieved in short time and…
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Organic Law Of Judicial Guarantees And Constitutional Control
Directory of Open Access Journals (Sweden)
Ernesto López Freire
2013-01-01
Full Text Available This paper demonstrates the various unconstitutional and fallacies of the Organic Law of Judicial guarantees and Constitutional Control. For that, there will be a comprehensive collation between the mentioned law and the Constitution of the Republic of Ecuador and force. Through this analysis shows a lack of knowledge of Ecuadorian law or legal science by their authors. This study elucidated, inter alia, the inconsistencies in matters relating to the interpretation of constitutional provisions, full compensation, material and integral; challenge administrative acts, judicial unit.
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10 CFR 207.8 - Judicial actions.
2010-01-01
... Coordination Act of 1974 § 207.8 Judicial actions. (a) Enforcement of subpoenas; contempt. Any United States... such an order of the court may be punished by the court as contempt. (b) Injunctions. Whenever it...
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76 FR 62000 - Express Mail Domestic Postage Refund Policy and Waiver of Signature
2011-10-06
... POSTAL SERVICE 39 CFR Part 111 Express Mail Domestic Postage Refund Policy and Waiver of Signature... days to 30 days after the date of mailing, and to change the Express Mail ``waiver of signature'' standard for domestic items by obtaining an addressee's signature only when the mailer selects the...
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76 FR 75461 - Express Mail Domestic Postage Refund Policy and Waiver of Signature
2011-12-02
... POSTAL SERVICE 39 CFR Part 111 Express Mail Domestic Postage Refund Policy and Waiver of Signature... to 30 days after the date of mailing, and to change the Express Mail ``waiver of signature'' standard for domestic items by obtaining an addressee's signature only when the mailer selects the ``signature...
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78 FR 12585 - Waiver of Restriction on Providing Funds to the Palestinian Authority
2013-02-22
... certify that it is important to the national security interests of the United States to waive the...-05 of February 8, 2013--Waiver of Restriction on Providing Funds to the Palestinian Authority.... 2013-05 of February 8, 2013 Waiver of Restriction on Providing Funds to the Palestinian Authority...
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Directory of Open Access Journals (Sweden)
Fabiano Engelmann
2006-01-01
Full Text Available O artigo pretende fornecer elementos para a análise da relação entre o fenômeno de internacionalização do direito e a emergência de modalidades de advogados engajados na representação judicial de causas coletivas. São analisadas duas dimensões: uma primeira expõe um panorama exploratório das causas coletivas no cenário nacional e internacional, pela catalogação das decisões judiciais na Corte Interamericana de Direitos Humanos e em tribunais brasileiros. Uma segunda dimensão de análise aborda, com base em entrevistas, casos representativos de promoção de causas coletivas nas décadas de 1990 e 2000. Essas duas dimensões permitem avançar a hipótese de que a redemocratização política nacional e a constituição de redes internacionais de circulação de causas políticas e jurídicas contribuem para a definição dos perfis de ativismo judicial legitimados no espaço jurídico em diferentes períodos.The article intends the analysis of the relation between the phenomenon of internationalization of Law and the emergency of modalities of lawyers engaged in the judicial representation of collective causes. Two dimensions are analyzed: the first one displays an exploratory panorama of the collective causes in the national and international scene, out of a survey of the profile of demands of the Inter-American Court of Human Rights and Brazilian courts. The second dimension approaches, from interviews, representative cases of promotion of collective causes in the decades of 1990 and 2000. These two dimensions allow to advance the hypothesis that the national political redemocratization and the constitution of international networks of circulation of political and legal causes contribute for the definition of the profiles of judicial activism legitimated in the legal space in different periods.
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Medicaid waivers and negotiated federalism in the US: is there relevance to other federal systems?
Weissert, Carol S; Weissert, William G
2017-01-01
Medicaid waivers have been a principal tool of innovation in health policy in the US since at least the mid 1970s. As Republicans seek to give the states more flexibility in their implementation and management of both Medicaid and the Affordable Care Act or its replacement, waiver authority is likely to be one of the key work arounds for avoiding political barriers in the US Senate. While block-granting Medicaid may require 60 senate votes, waiver authority already exists in both Medicaid law and the Affordable Care Act. Waivers also have great potential for application in other federal nations. Yet there is no theory to explain the way the application and review process evolves or the factors likely to shape the outcome. After a discussion of the theoretical underpinnings of what we call 'negotiated federalism', we apply it to examples of Medicaid waivers to see if the theory's key elements - politics, party congruence, leverage, credit taking and experience - offer a useful perspective on this federal-state interaction so important to health policy.
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THE FREE MOVEMENT OF JUDGMENTS AND JUDICIAL DECISIONS
Directory of Open Access Journals (Sweden)
Gheorghe BOCSAN
2018-05-01
Full Text Available EU substantive law is based on a system of circulation freedoms which encompasses the idea that the Union, its internal market or other areas of legal rule, such as the area of freedom, security and justice are, above all, spaces of liberty, which rejects the limits represented before by internal borders. So, the essential EU integrative concepts could be formulated as free circulation principles or instruments aiming to such freedoms. The free movement of judgments and judicial decisions represents concomitantly the consequence and the expression formulated through freedom of circulation, which is specific to EU law, of the principle of mutual recognition of judgments and judicial decisions between member states in both civil and criminal matters. This principle is based upon the mutual trust that member states owes to each other. Finally, the study analyses the principle of mutual recognition in EU law as a transplant from the internal market in the judicial cooperation in criminal matters, which produces numerous application instruments, among them the first and most productive is the European Arrest Warrant. This paper studies also the common standard and paradigm that all instruments based upon the free movement of judgments and judicial decision have, amongst others: the warrant/order typology, direct communication between the competent authorities of Member States, elimination of the recognition procedure, the express mentioning of the mandatory and optional grounds of refusal, the partial removal of double criminality requirement etc.
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31 CFR 360.90 - Waiver of regulations.
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...
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Shea, Christopher
1994-01-01
A growing number of college students report that campus judicial systems are more concerned with political correctness than with fairness, or that the systems are unfair regardless of the discipline issue, and complain about the secrecy of proceedings. Shift from a paternalistic discipline policy to a legalistic one is seen. (MSE)
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“Deference” in Judicial Review
African Journals Online (AJOL)
MJM Venter
The Constitutional Court subscribes to a standard of "deference" in judicial review.1. The principle of deference concerns the function of the judge in mediating between the law and legislative and executive politics. The principle recognises the need to protect the institutional character of each of the three arms of ...
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Occupational Therapy in Medicaid Home and Community-Based Services Waivers.
Friedman, Carli; VanPuymbrouck, Laura
Medicaid Home and Community-Based Services (HCBS) 1915(c) waivers are the largest provider of long-term services and supports for people with intellectual and developmental disabilities (IDDs). In this study, we explored how HCBS IDD waivers projected providing occupational therapy services in Fiscal Year (FY) 2015. Medicaid HCBS IDD waivers across the nation gathered from the Centers for Medicare and Medicaid Services were qualitatively and quantitatively analyzed to determine how they projected providing occupational therapy services in terms of service expenditures and utilization. In FY 2015, $14.13 million of spending was projected for occupational therapy services of 7,500 participants. However, there was large heterogeneity across states and services in terms of total projected spending, spending per participant, and reimbursement rates. Comparisons across states strengthen the profession's ability to assert the value of its services. These findings can help identify best practices and can advocate for the refinement of state occupational therapy programs. Copyright © 2018 by the American Occupational Therapy Association, Inc.
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Occupational Therapy in Medicaid Home and Community-Based Services Waivers
VanPuymbrouck, Laura
2018-01-01
OBJECTIVE. Medicaid Home and Community-Based Services (HCBS) 1915(c) waivers are the largest provider of long-term services and supports for people with intellectual and developmental disabilities (IDDs). In this study, we explored how HCBS IDD waivers projected providing occupational therapy services in Fiscal Year (FY) 2015. METHOD. Medicaid HCBS IDD waivers across the nation gathered from the Centers for Medicare and Medicaid Services were qualitatively and quantitatively analyzed to determine how they projected providing occupational therapy services in terms of service expenditures and utilization. RESULTS. In FY 2015, $14.13 million of spending was projected for occupational therapy services of 7,500 participants. However, there was large heterogeneity across states and services in terms of total projected spending, spending per participant, and reimbursement rates. CONCLUSION. Comparisons across states strengthen the profession’s ability to assert the value of its services. These findings can help identify best practices and can advocate for the refinement of state occupational therapy programs. PMID:29426389
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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...
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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...
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22 CFR 201.83 - No waiver of alternative rights or remedies by USAID.
2010-04-01
... country or political subdivision thereof, nor shall any right or remedy herein reserved to USAID against a... 22 Foreign Relations 1 2010-04-01 2010-04-01 false No waiver of alternative rights or remedies by... APPLICABLE TO COMMODITY TRANSACTIONS FINANCED BY USAID Rights and Remedies of USAID, and Waiver Authority...
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A judicial review of political questions under Islamic law
Directory of Open Access Journals (Sweden)
Abdulfatai O. Sambo
2014-06-01
Full Text Available The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW. The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary.
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2011-09-20
... DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Part 28 [Docket No. USCG-2011-0887] RIN 1625-AB61 Waiver of Citizenship Requirements for Crewmembers on Commercial Fishing Vessels; Correction... August 18, 2011, entitled ``Waiver of Citizenship Requirements for Crewmembers on Commercial Fishing...
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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...
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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...
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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...
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Meister, Hartmut; Rählmann, Sebastian; Walger, Martin; Margolf-Hackl, Sabine; Kießling, Jürgen
2015-01-01
To examine the association of cognitive function, age, and hearing loss with clinically assessed hearing aid benefit in older hearing-impaired persons. Hearing aid benefit was assessed using objective measures regarding speech recognition in quiet and noisy environments as well as a subjective measure reflecting everyday situations captured using a standardized questionnaire. A broad range of general cognitive functions such as attention, memory, and intelligence were determined using different neuropsychological tests. Linear regression analyses were conducted with the outcome of the neuropsychological tests as well as age and hearing loss as independent variables and the benefit measures as dependent variables. Thirty experienced older hearing aid users with typical age-related hearing impairment participated. Most of the benefit measures revealed that the participants obtained significant improvement with their hearing aids. Regression models showed a significant relationship between a fluid intelligence measure and objective hearing aid benefit. When individual hearing thresholds were considered as an additional independent variable, hearing loss was the only significant contributor to the benefit models. Lower cognitive capacity - as determined by the fluid intelligence measure - was significantly associated with greater hearing loss. Subjective benefit could not be predicted by any of the variables considered. The present study does not give evidence that hearing aid benefit is critically associated with cognitive function in experienced hearing aid users. However, it was found that lower fluid intelligence scores were related to higher hearing thresholds. Since greater hearing loss was associated with a greater objective benefit, these results strongly support the advice of using hearing aids regardless of age and cognitive function to counter hearing loss and the adverse effects of age-related hearing impairment. Still, individual cognitive capacity might
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9 CFR 381.216 - Procedure for judicial seizure, condemnation, and disposition.
2010-01-01
... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Procedure for judicial seizure... Detention; Seizure and Condemnation; Criminal Offenses § 381.216 Procedure for judicial seizure, condemnation, and disposition. Any poultry or other article subject to seizure and condemnation under this...
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Vaccination Perceptions of College Students: With and without Vaccination Waiver.
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.
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STEP TO CIVIL SOCIETY (ON HISTORICAL ROLE OF JUDICIAL REFORM OF 1864
Directory of Open Access Journals (Sweden)
Анна Дмитриевна Попова
2014-12-01
Full Text Available The article deals with the importance of the judicial reform of 1864 for the course of Alexander's modernization and analyzes the role of the judicial reforms for various aspects of life in the post-reform Russia. There is used a wide range of sources - archival materials, memoirs of contemporaries of that period, publications of periodicals. The author concludes that the judicial reform of 1864 should be considered as a significant step towards civil society. The analysis of the sources shows that the judicial reform of 1864 contributed to the increase in the protection of human rights and freedoms. The activities of new courts changed the public consciousness - in the society there was growing representation of rule of law, necessity to respect the rights and freedoms of others, to meet obligations. The judicial reform played a major role in the process of merging classes, the development of market relations. Thus, the introduction of the controversial independent public trial not only improved the justice, but was also an important step in the formation of civil society in Russia.
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Environmental Public Policies: Legalization and Judicial Activism for Sustainable De-velopment
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.
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21 CFR 1313.24 - Waiver of 15-day advance notice for chemical exporters.
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...
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FEDERAL PENSIONS: Judicial Survivors Annuities System Costs
National Research Council Canada - National Science Library
2002-01-01
...) specifying that we review certain aspects of the Judicial Survivors' Annuities System (JSAS), which is one of several survivor benefit plans applicable to particular groups of federal employees...
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75 FR 12810 - Petition for Waiver of Compliance
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...
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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...
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Public Policy Environment: legalization and judicial activism for sustainable development
Directory of Open Access Journals (Sweden)
Belinda Pereira da Cunha
2017-04-01
Full Text Available This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, it sought to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development. The methodology used was a literature review and secondary data collection. It was noticed a different activism in the face of environmental issues.
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Denial of hearing at Three Mile Island held to be error
International Nuclear Information System (INIS)
Gutierrez, E. Jr.
1981-01-01
The interpretation of section 189(a) of the Atomic Energy Act and its relation to the Nuclear Regulatory Commission (NRC) decision-making process and to subsequent judicial review are the essential issues in Sholly v. NRC. The court viewed the issues as mere definitional problems and went through a laborious exercise to explain its interpretation of what Congress meant by hearing and notice. The issues presented, however, involve more than semantics. The operation of nuclear power reactors inevitably creates great amounts of highly radioactive waste and the potential for many unforeseeable technical problems. More than 70 commercial nuclear reactors are in operation in this country and the NRC has projected that over 500 such reactors will be in operation by the year 2000. Perhaps the court's decision should have placed more emphasis on considerations of nuclear safety. The statutes under which the NRC operates seem to grant the agency broad powers in fostering nuclear development and in making determinations about public health and safety. Public debate, in the form of public hearings, affords perhaps the best means for assuring that government and industry adhere strongly to public health and safety considerations. 45 references
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29 CFR 501.5 - Waiver of rights prohibited.
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...
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30 CFR 775.13 - Judicial review.
2010-07-01
... Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS... to judicial review by a court of competent jurisdiction, as provided for in the State program, but...
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Judicial Review: Issues of State Court Involvement in School Finance Litigation.
Colwell, William Bradley
1998-01-01
Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…
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Judicial 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.
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29 CFR 502.4 - Waiver of rights prohibited.
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...
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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 ...
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How to quantify binaural hearing in patients with unilateral hearing using hearing implants.
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.
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15 CFR 325.11 - Judicial review.
2010-01-01
... 15 Commerce and Foreign Trade 2 2010-01-01 2010-01-01 false Judicial review. 325.11 Section 325.11 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE MISCELLANEOUS REGULATIONS EXPORT TRADE CERTIFICATES OF...
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5 CFR 1201.127 - Judicial review.
2010-01-01
... PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.127 Judicial review. (a) An employee subject to a final Board decision imposing disciplinary action under 5 U.S... appropriate United States district court. 5 U.S.C. 1508. Special Counsel Corrective Actions ...
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75 FR 76780 - Petition for Waiver of Compliance
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...
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... 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 ...
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Democracia e controle jurídico da constitucionalidade Democracy and judicial review
Directory of Open Access Journals (Sweden)
Samuel Freeman
1994-04-01
Full Text Available O artigo enfrenta a objeção à "revisão judicial" (isto é a autoridade judicial para julgar a constitucionalidade dos atos dos poderes da República que a considera uma instituição antidemocrática. A revisão judicial pode ser democraticamente justificada. Para isso teremos que pensá-la como um compromisso coletivo prévio assumido pelos cidadãos na situação de escolha constitucional, no sentido de que não exercerão seus direitos políticos iguais de formas que coloquem em risco sua própria condição de portadores dos direitos da cidadania igual.Objections to the institution of judicial review as being incompatible with democracy are examined and refuted. Judicial review can be democratically justified, it is argued. This is possible if we conceive it as a previous collective compromise assumed by the citizens in the constitutional choice situation, to the effect that they would not exercise their equal political rights in ways that could put in danger their own condition of bearers of equal citizenship rights.
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31 CFR 29.526 - Waiver precluded.
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...
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Vaccination Perceptions of College Students: With and without Vaccination Waiver
Directory of Open Access Journals (Sweden)
Emmanuel D. Jadhav
2018-02-01
Full Text Available IntroductionThe 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.MethodsYoung 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.ResultsA 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.ConclusionYoung 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.
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45 CFR 1634.12 - Emergency procedures and waivers.
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. ...
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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...
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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...
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The Impact of Judicial Reform on Crime Victimization and Trust in Institutions in Mexico.
Blanco, Luisa
2016-01-01
This article studies the impact of judicial reform in Mexico. It does so using a survey about crime victimization and perceptions of insecurity (Encuesta Nacional Sobre la Inseguridad [ENSI]) collected in 2005, 2008, and 2009 in 11 Mexican cities, 3 of which implemented the reform in 2007 and 2008. This analysis shows that judicial reform not only reduces victimization but also lowers perceptions of security. Although we find that judicial reform has a negative effect on trust in the local and federal police, judicial reform reduces the probability of being asked by the transit police for a bribe.
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37 CFR 251.58 - Judicial review.
2010-07-01
... determination on appeal, from depositing statements of account and royalty fees by those sections. [59 FR 23981... ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.58 Judicial review. (a) Any order of determination...
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13 CFR 117.18 - Judicial review.
2010-01-01
... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Judicial review. 117.18 Section 117.18 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION NONDISCRIMINATION IN FEDERALLY... reasonable attorney's fees, but that the complainant must demand these costs in the complaint; (iii) That...
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38 CFR 1.969 - Revision of waiver decisions.
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...
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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...
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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
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75 FR 39617 - Petition for Waiver of Compliance
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...
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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...
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PATIENT-CITIZEN-CONSUMERS: JUDICIALIZATION OF HEALTH AND METAMORPHOSIS OF BIOPOLITICS
Biehl,João
2016-01-01
Abstract Situated at the meeting points of Law and Medicine, the "judicialization of the right to health" is a contested and hotly debated phenomenon in Brazil. While government officials and some scholars argue that it is driven by urban elites and private interests, and used primarily to access high-cost drugs, empirical evidence refute narratives depicting judicialization as a harbinger of inequity and an antagonist of the public health system. This article's quantitative and ethnographic ...
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78 FR 1933 - Petition for Waiver of Compliance
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...
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2010-07-01
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Application. 18.2 Section 18.2 Judicial Administration DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS HEARING AND APPEAL PROCEDURES § 18.2 Application. (a) These procedures apply to all appeals and hearings of State formula or block grant applicants or...
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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...
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77 FR 72434 - Buy America Waiver Notification
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...
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29 CFR 4010.11 - Waivers and extensions.
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...
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Warfield, M E; Chiri, G; Leutz, W N; Timberlake, M
2014-12-01
Massachusetts is one of a very limited number of states exclusively employing participant-direction to deliver autism waiver services to children. A crucial element of this waiver program is the work conducted by the state's Department of Developmental Services (DDS) staff and state-approved providers with waiver families to facilitate the implementation of the participant-direction model. Our study investigates the effect of the collaboration between state providers and family caregivers on family well-being. We conducted a survey of 74 families who have been utilising waiver services for at least 6 months. Participants were asked to rate the coordination with providers as well as to report on parenting stress and impact of waiver services on family functioning. Data from in-home child and family assessments conducted by the state were also abstracted from program records. After controlling for a host of variables hypothesised to affect the outcomes of interest, we found that the family's view of how well they coordinated with formal providers is significantly associated all of the outcomes. Families who reported greater coordination with state providers experienced lower parenting stress and reported a more positive impact on family functioning. Child externalising behavioural problems and caregiver's health rating also contributed to parenting stress and family functioning. Our findings highlight the importance of establishing a collaborative partnership with waiver families in promoting family well-being. These results suggest that training and/or resources that foster team building and communication can positively impact family functioning among families with young children with autism. © 2013 MENCAP and International Association of the Scientific Study of Intellectual and Developmental Disabilities and John Wiley & Sons Ltd.
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Trial Courts in the Judicial Process.
McKnight, R. Neal
1981-01-01
Describes a college course which examines the organizational and behavioral characteristics of trial courts in the American judicial process. A major course objective is to help students understand the trial court process as a political process by showing how trial court organizations are involved in the allocation of social values. (RM)
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44 CFR 6.57 - Judicial review.
2010-10-01
... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Judicial review. 6.57 Section 6.57 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND... District Court in which the requestor resides or has his or her principal place of business or in which the...
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The judicial process: an overview from the TDA Council on Ethics and Judicial Affairs.
Burk, Roy N
2011-08-01
From time to time, the Council on Ethics and Judicial Affairs must investigate and act on the alleged unethical behavior of Texas Dental Association members. Because the alleged behavior is directed at a colleague and TDA member, the work of the council is neither comfortable nor inviting. Nonetheless, council decisions are made taking into account its mission to investigate the allegation between the parties and to improve dental ethics in the state.
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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...
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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...
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2013-03-13
... for Waiver of Samsung Electronics America, Inc. From the Department of Energy Residential Refrigerator... receipt of a petition for waiver from Samsung Electronics America, Inc. (Samsung) seeking an exemption... energy consumption of electric refrigerators and refrigerator-freezers. Samsung asks that it be permitted...
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Velott, Diana L.; Agbese, Edeanya; Mandell, David; Stein, Bradley D.; Dick, Andrew W.; Yu, Hao; Leslie, Douglas L.
2016-01-01
This research aims to describe the characteristics of 1915(c) Home- and Community-Based Services waivers for children with autism spectrum disorder across states and over time. While increasingly popular, little is known about these Medicaid waivers. Understanding the characteristics of these programs is important to clinicians and policymakers in…
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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.
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78 FR 63563 - Buy America Waiver Notification
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...
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37 CFR 205.3 - Waiver of rules.
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...
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12 CFR 303.243 - Brokered deposit waivers.
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...
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77 FR 74048 - Buy America Waiver Notification
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...
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Assessment of hearing and hearing disorders in rock/jazz musicians.
Kähärit, Kim; Zachau, Gunilla; Eklöf, Mats; Sandsjö, Leif; Möller, Claes
2003-07-01
The aim of this study was to assess hearing and hearing disorders among rock/jazz musicians. One hundred and thirty-nine (43 women and 96 men) musicians participated. The results are based on pure-tone audiometry and questionnaire responses. According to our definition of hearing loss, tinnitus, hyperacusis, distortion and/or diplacusis as hearing disorders, we found disorders in 74%, of the rock/jazz musicians studied. Hearing loss, tinnitus and hyperacusis were most common, and the latter two were found significantly more frequently than in different reference populations. The women showed bilateral, significantly better hearing thresholds at 3-6 kHz than the men. Hyperacusis, and the combination of both hyperacusis and tinnitus, were found to be significantly more frequent among women than among men. Hearing loss and tinnitus were significantly more common among men than among women. It is important to evaluate all kinds of hearing problems (other than hearing loss) in musicians, since they represent an occupational group especially dependent on optimal, functional hearing. On the basis of our results, we suggest that hearing problems such as tinnitus, hyperacusis, distortion and/or diplacusis should, in addition to hearing loss, be defined as hearing disorders.
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2013-06-14
...* DOE makes decisions on waivers for only those models specifically set out in the petition, not future... individual models based on basic hybrid model SR5180JBC in the future. 1. Existing Waiver Background and... business, but to the best of PAPRSA's knowledge, certain GE hybrid models appear to be the closest...
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29 CFR 575.9 - Failure to comply with the terms and conditions of the waiver.
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...
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2012-11-30
... ESCAPADE is: Intended Commercial Use of Vessel: ``Learn to Cruise'' charters. 1- 7 day charters teaching... interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388. Privacy Act Anyone is able to search the electronic form of all comments...
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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...
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77 FR 46556 - Notice of Request to Rescind Buy America Waiver for Minivans and Minivan Chassis
2012-08-03
... and future demand on FTA-funded projects. With certain exceptions, FTA's Buy America requirements... Request to Rescind Buy America Waiver for Minivans and Minivan Chassis AGENCY: Federal Transit Administration, DOT. ACTION: Notice of request to rescind Buy America waiver and call for comments. SUMMARY: The...
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2010-03-05
... Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery... nationwide categorical waivers of the Buy American requirements of the American Recovery and Reinvestment Act... domestic manufacturers for these products. This strategy will ensure that all future determinations of...
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2013-03-25
... be considered for a waiver. (1) Mariners with a history of epilepsy or seizure disorder may be... Waivers for Merchant Mariner Credential Applicants With a History of Seizure Disorders AGENCY: Coast Guard... of seizure disorders. Coast Guard regulations provide that convulsive disorders (also known as...
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[The thesis of judicialization of health care by the elites: medication for mucopolysaccharidosis].
Medeiros, Marcelo; Diniz, Debora; Schwartz, Ida Vanessa Doederlein
2013-04-01
This paper evaluates the hypothesis that the judicialization of medicine for mucopolysaccharidosis in Brazil is an action promoted by economic elites. Previous studies upholding the thesis of judicialization by elites in the case of other types of medication that are more costly for the Unified Health Service are discussed. An analysis of all 196 processes containing information about judicial processes brought to court between February 2006 and December 2010 that ended by determining that the State should provide such medication free of charge to patients was conducted. There is evidence that attorneys' fees were covered by entities interested in the results of judicialization, such as the distributors or pharmaceutical industries. Patients may also be migrating for diagnosis and treatment to university centers that are a benchmark for medical innovation in the country, as the option for public health services is related to their higher technical and scientific capacity. Therefore, the resort to private lawyers, indicators of social exclusion based on the address of patients and the use of public health services, are not adequate class information to corroborate or refute the thesis of judicialization by the elites.
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Judicialization of International Relations: Do International Courts Matter?
Czech Academy of Sciences Publication Activity Database
Malíř, Jan
2013-01-01
Roč. 3, č. 3 (2013), s. 208-224 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : judicialization * international relations * legal and extralegal factors Subject RIV: AG - Legal Sciences
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Democracy and judicial activism: some considerations about causes and consequences
Directory of Open Access Journals (Sweden)
Claudio Ladeira de Oliveira
2015-06-01
Full Text Available In this paper I discuss the conflicting relationship between the “judicial activism” and representative democratic procedures. First, I discuss some definitions that enhance aspects “normative/prescriptive” of “activists” judicial positions and the functioning of “real existing” democratic institutions. Second, we discuss patterns of arguments that are used by courts to decide politically controversial issues as well as political and institutional factors that stimulate the occurrence of “activists” positions.
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Pre-Ratification Judicial Review of International Agreements to be Concluded by the European Union
DEFF Research Database (Denmark)
Butler, Graham
2018-01-01
incrementally shaping the law of EU external relations, and determining the manner in which the Union may enter into formal international relations. Understanding the Court’s importance in this field has been done time and again, but yet, consideration of the pre-ratification judicial review option, available...... for how ex ante judicial review can work in developing the Union into an even more enhanced global actor, through its own unique judicial order....
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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...
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8 CFR 244.20 - Waiver of fees.
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...
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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...
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2010-08-03
... Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Samsung Electronics America...-014) that grants to Samsung Electronics America, Inc. (Samsung) a waiver from the DOE electric... decision and order, Samsung shall be required to test and rate these refrigerator- freezers equipped with...
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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
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Hearing: Noise-Induced Hearing Loss
... 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 ...
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Constitutional provisions on judicial independence and EU standards
Directory of Open Access Journals (Sweden)
Kolaković-Bojović Milica
2016-01-01
Full Text Available Implementation of the 'Checks and balances' principle as one of the milestones in modern democracies, demonstrates its full complexity when it comes to balancing guaranties of judicial independence and the need to prevent misinterpretation or abuse of the rights. Additional issue in that process is determination of the border line between constitutional and guaranties of judicial independence prescribed by law. Raising that issue opens various questions which go beyond the legal framework itself. It actually tackles the historical, political and cultural country background. Furthermore, if analyzed from the prospective of the requirements defined in the accession negotiation process with the EU, constitutional guaranties of (nonapplication of the EU standards might demotivate candidate countries in their efforts to achieve substantial reform results.
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Judicial aspects in risk assessment
International Nuclear Information System (INIS)
Lukes, R.
1977-01-01
Decisions of administrative authorities concerning the permission to use fissile material contain a prognosis about the probability of damage which may be caused by using this material. The judicial criteria used in order to determine the probability of such a damage occurring can be improved by risk analysis. This will not, of course, reduce administrative decisions to simple 'yes-or-no decisions', but the calculation of probabilities will gain more exactness. (orig.) [de
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12 CFR 1402.23 - Waiver or reduction of fees.
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...
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9 CFR 329.6 - Articles or livestock subject to judicial seizure and condemnation.
2010-01-01
... judicial seizure and condemnation. 329.6 Section 329.6 Animals and Animal Products FOOD SAFETY AND... PRODUCTS INSPECTION AND VOLUNTARY INSPECTION AND CERTIFICATION DETENTION; SEIZURE AND CONDEMNATION; CRIMINAL OFFENSES § 329.6 Articles or livestock subject to judicial seizure and condemnation. Any carcass...
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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...
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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...
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76 FR 61476 - Petition for Waiver of Compliance
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...
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76 FR 7627 - Petition for Waiver of Compliance
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...
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2011-07-11
... and Order Granting a Waiver to Mitsubishi Electric & Electronics USA, Inc. From the Department of... Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) a waiver from the existing DOE test procedures... Matter of: Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) (Case No. CAC-030). Background Title...
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2011-09-27
...] Guidance for Industry on User Fee Waivers, Reductions, and Refunds for Drug and Biological Products..., Reductions, and Refunds for Drug and Biological Products.'' This guidance provides recommendations to... ``User Fee Waivers, Reductions, and Refunds for Drug and Biological Products.'' This guidance provides...
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Directory of Open Access Journals (Sweden)
Marcio Renan Hamel
2010-12-01
Full Text Available Resumo O presente texto aborda o crescente fenômeno da judicialização da política no contexto brasileiro, questionando se a principal metodologia do Poder Judiciário deve ser a de criar espaços ou a de ser espaço. A defesa é embasada na obra do filósofo Jürgen Habermas, apontando-se para um aumento da atividade procedimental democrática de deliberação pública, legitimando a lei positiva e diminuindo a intervenção judiciária. Palavras-chave: Judicialização; política; procedimento; democracia; jurisdição. Abstract The present text deals with the growing phenomenon of politics judicialization in the brazilian context, questioning wheter the main methodology of the Judiciary should be to create spaces or to be space. The defence is based on the work of the philosopher Jürgen Habermas, pointing to an increased of the democratic procedural activity of public deliberation, legitimising positive law and decreasing judicial intervention. Keywords: Judicialization; policy; procedure; democracy; jurisdiction.
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Judicial Decisions in the Field of Labour Law.
International Labour Review, 1993
1993-01-01
Summarizes recent judicial decisions in various countries concerning application of general legal principles to labor law, access to employment, conditions of employment, occupational safety and health, social security, and labor relations. (Author/SK)
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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.
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A GUI Prototype for the Framework of Criminal Judicial Reasoning System
Thammaboosadee, Sotarat; Silparcha, Udom
2009-01-01
This paper proposed a developed graphical user interface (GUI) prototype, whichis supported by the framework of data mining techniques-based criminal judicial reasoning system.The GUI sequences of the prototype are satisfied with criminal judicial procedure in civil lawsystem. Initially, user must build the model by input the existing incident and specifying the detail ofobjects, elements of crime, charge and judgment. After enough training, the prototype will be readyto determine judgments f...
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75 FR 49552 - Petition for Waiver of Compliance
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...
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77 FR 74738 - Petition for Waiver of Compliance
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...
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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...
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Kewenangan Judicial Review Mahkamah Konstitusi
Qamar, Nurul
2012-01-01
The Doctrine of Judicial Review as a legal order to perform the reviewand or re-testing of the laws and regulations within the meaning of the WetGrondwet (testing constitutionalism), the constitution or the constitution bythe Constitutional Court even though relatively new in the state system, buthas grown and developed rapidly both in countries of the Common Law Systemas well as adherents of the countries adherents Civil Law System, even in countries adherents Law Mixed System that claims hi...
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A. Naudé Fourie (Andria)
2009-01-01
textabstractThis PhD dissertation conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank – which is conceived as an international institution exercising public power. The author
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2012-06-27
... DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Decision to Grant Buy America Waiver to Washington Department of Transportation to Purchase Vossloh 101-LV Concrete Rail Ties...: Notice of decision to grant Buy America waiver. SUMMARY: FRA is issuing this notice to advise the public...
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Does hearing aid use affect audiovisual integration in mild hearing impairment?
Gieseler, Anja; Tahden, Maike A S; Thiel, Christiane M; Colonius, Hans
2018-04-01
There is converging evidence for altered audiovisual integration abilities in hearing-impaired individuals and those with profound hearing loss who are provided with cochlear implants, compared to normal-hearing adults. Still, little is known on the effects of hearing aid use on audiovisual integration in mild hearing loss, although this constitutes one of the most prevalent conditions in the elderly and, yet, often remains untreated in its early stages. This study investigated differences in the strength of audiovisual integration between elderly hearing aid users and those with the same degree of mild hearing loss who were not using hearing aids, the non-users, by measuring their susceptibility to the sound-induced flash illusion. We also explored the corresponding window of integration by varying the stimulus onset asynchronies. To examine general group differences that are not attributable to specific hearing aid settings but rather reflect overall changes associated with habitual hearing aid use, the group of hearing aid users was tested unaided while individually controlling for audibility. We found greater audiovisual integration together with a wider window of integration in hearing aid users compared to their age-matched untreated peers. Signal detection analyses indicate that a change in perceptual sensitivity as well as in bias may underlie the observed effects. Our results and comparisons with other studies in normal-hearing older adults suggest that both mild hearing impairment and hearing aid use seem to affect audiovisual integration, possibly in the sense that hearing aid use may reverse the effects of hearing loss on audiovisual integration. We suggest that these findings may be particularly important for auditory rehabilitation and call for a longitudinal study.
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Directory of Open Access Journals (Sweden)
Maria Paula Saffon
2011-05-01
Full Text Available Desde su creación en 1991, la Corte Constitucional colombiana (en adelante, CCC ha sido uno de los principales protagonistas de la vida política e institucional del país. Su vigorosa intervención en varios asuntos económicos, políticos y sociales ha promovido cambios importantes en el balance institucional de poder, así como en la vida de minorías y grupos sociales tradicionalmente excluidos. Este activismo judicial progresista ha propiciado una gran cantidad de debates académicos y políticos: si bien ha tenido defensores entre algunos académicos, miembros de movimientos sociales, e incluso varios actores políticos y miembros de la rama judicial, también ha tenido muchos críticos entre esos y otros sectores más poderosos.
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25 CFR 1000.221 - Can the Secretary grant a waiver of regulations to a Tribe/Consortium?
2010-04-01
..., DEPARTMENT OF THE INTERIOR ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Waiver of Regulations § 1000.221 Can the Secretary grant a... 25 Indians 2 2010-04-01 2010-04-01 false Can the Secretary grant a waiver of regulations to a...
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45 CFR 261.36 - Do welfare reform waivers affect the calculation of a State's participation rates?
2010-10-01
..., DEPARTMENT OF HEALTH AND HUMAN SERVICES ENSURING THAT RECIPIENTS WORK What Are the Work Activities and How Do They Count? § 261.36 Do welfare reform waivers affect the calculation of a State's participation rates... 45 Public Welfare 2 2010-10-01 2010-10-01 false Do welfare reform waivers affect the calculation...
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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
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45 CFR 81.51 - Notice of hearing or opportunity for hearing.
2010-10-01
... 45 Public Welfare 1 2010-10-01 2010-10-01 false Notice of hearing or opportunity for hearing. 81.51 Section 81.51 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 80 OF THIS TITLE Proceedings Prior to Hearing § 81.51 Notice of hearing or opportunity for hearing....
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Directory of Open Access Journals (Sweden)
Antonio Gomes de Vasconcelos
2016-10-01
Full Text Available The article proposes a present thinking as the possibility of reaching solutions to some social security and labor issues in democratic rule of law using judicial cooperation in the search for effective social law of social security. The current legal constructivism, also called judicial activism in its manifestation of legal instrument to weigh yourself to get and verify the approach of social dialogue for more proactive attitude of the court, in which the actors involved in the conflict are called to have a more active participation on problem situations, requiring them more than mere legal interpretation in philosophical hermeneutics.
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Horner, Jennifer; Modayil, Maria; Chapman, Laura Roche; Dinh, An
2016-11-01
When patients refuse medical or rehabilitation procedures, waivers of liability have been used to bar future lawsuits. The purpose of this tutorial is to review the myriad issues surrounding consent, refusal, and waivers. The larger goal is to invigorate clinical practice by providing clinicians with knowledge of ethics and law. This tutorial is for educational purposes only and does not constitute legal advice. The authors use a hypothetical case of a "noncompliant" individual under the care of an interdisciplinary neurorehabilitation team to illuminate the ethical and legal features of the patient-practitioner relationship; the elements of clinical decision-making capacity; the duty of disclosure and the right of informed consent or informed refusal; and the relationship among noncompliance, defensive practices, and iatrogenic harm. We explore the legal question of whether waivers of liability in the medical context are enforceable or unenforceable as a matter of public policy. Speech-language pathologists, among other health care providers, have fiduciary and other ethical and legal obligations to patients. Because waivers try to shift liability for substandard care from health care providers to patients, courts usually find waivers of liability in the medical context unenforceable as a matter of public policy.
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The judicial reception of competition soft law in the Netherlands and the UK
Georgieva, Zlatina
2016-01-01
The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. A comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial attitudes to soft law
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The judicial reception of competition soft law in the Netherlands and the UK
Georgieva, Zlatina
2015-01-01
The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. For this purpose, a comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial
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25 CFR 1000.224 - How can a Tribe/Consortium expedite the review of a regulation waiver request?
2010-04-01
... regulation waiver request? 1000.224 Section 1000.224 Indians OFFICE OF THE ASSISTANT SECRETARY, INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT Waiver of Regulations § 1000.224 How can a...
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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...
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76 FR 34802 - Petition for Waiver of Compliance
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...
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76 FR 47638 - Petition for Waiver of Compliance
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...
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Judicial Reform Pursuits in Ethiopia, 2002-2015:
African Journals Online (AJOL)
EN_Stebek
research on specific themes related with judicial reform. 1 Report and ... focused on legal education and law reform; the second, on basic needs legal aid; the third ... realities that brought about the challenges in achievement because the most .... (a) when the judiciary's public reputation for political impartiality and rectitude.
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THE CLUSTER- AN ENTITY WITH OR WITHOUT JUDICIAL PERSONALITY
Directory of Open Access Journals (Sweden)
Diana Anca Artene
2014-11-01
Full Text Available As a result of the integration within the European Union, in the economical and social life of Romania, new judicial entities have been developed. The cluster is amongst the most recent advent in the judicial spectre. The cluster represents a group of people both individuals and legal persons which is considered to act on the basis of an association contract conceptualized under the existent agreements of the organizations found within the spectrum of science and accredited innovation and/or accredited higher education institutions ,as well as, other noncommercial institutions. At the same time, economic agents, local public administrative authorities, employers` or professionals associations, non-judicial individuals, financial institutions, international organizations, local and foreign investors are relevant for the emergence of the scientific and educational research activities, as well as for the technological transfer of the scientific and innovative results and their valorisation through economical activities. 2 Therefore, it can be argued that the cluster has appeared as a result of the necessity to create a proper environment that would reunite the business partners in order to develop common resources and competences. These are based on similar marketing strategies, the participation to similar projects and initiatives, the opportunity to create a brand, etc. An additional circumstance that has determined the development of this entity in its more recent form, is represented by the possibility of ensuring (at least in a pageant manner the independence for every partner on the basis of the dualism between competition- cooperation. The cluster can be organized as an entity with or without judicial personality. The definition of the cluster makes us reflect upon the ways in which it can be constituted: legal person with lucrative purpose, legal person without lucrative purpose, association without legal personality (simple association of
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The Court of Justice and Effective Judicial Protection: What Has the Charter Changed?
Prechal, A.
2015-01-01
Since the coming into force of the Charter as primary law of the EU, Article 47 CFR is ‘the reference standard’ when the Court deals with issues of ffective judicial protection. However, the general principle of effective judicial protection existed already for some 25 years, developed in the case
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2012-01-10
.... RF-019] Decision and Order Granting a Waiver to Samsung From the Department of Energy Residential... of the decision and order (Case Nos. RF-018, RF-019) that grants to Samsung Electronics America, Inc. (Samsung) a waiver from the DOE electric refrigerator and refrigerator-freezer test procedures for the...
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Juizados Especiais e Ativismo Judicial à Luz de Luis Alberto Warat
Directory of Open Access Journals (Sweden)
Zenildo Bodnar
2012-07-01
Full Text Available This article addresses, in a punctual way, some reflections on the judicial activism in the Special Courts camp. It seeks to evaluate the existence of a place for the conciliator in the stir that permeates the procedural and substantial models of legal proceedings. For this, as theoretical references, the postulates of Luis Alberto Warat are used, in order to overcome such dyad in favor of an effective judicial protection, without following the ways of the Free Movement of Law and Instrumentality of Process. For the development of this research, it has been used the inductive method, operated by the operational concepts and techniques of literature.Resumo: O presente artigo aborda de forma pontual algumas reflexões sobre o ativismo judicial na seara dos Juizados Especiais. Procura-se avaliar a existência de um lugar para o conciliador na celeuma que permeia os modelos procedimentalistas e substancialistas de processo jurisdicional. Para tanto, como referencial teórico utiliza-se os postulados de Luis Alberto Warat no intuito de superar a referida díade em favor de uma tutela judicial efetiva, sem que se trilhe os caminhos do Movimento do Direito Livre e da Instrumentalidade do Processo. Utilizou-se, para o desenvolvimento desta pesquisa, o método indutivo, operacionalizado pelas técnicas de conceitos operacionais e da pesquisa bibliográfica.
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Evaluating Judicial Performance and Addressing Gender Bias
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
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77 FR 68884 - Petition for Waiver of Compliance
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...
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78 FR 46681 - Petition for Waiver of Compliance
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...
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41 CFR 128-1.8010 - Judicial review.
2010-07-01
... procedural, enforceable at law by a party against the Department of Justice, its Seismic Safety Coordinators... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Judicial review. 128-1... Regulations System (Continued) DEPARTMENT OF JUSTICE 1-INTRODUCTION 1.80-Seismic Safety Program § 128-1.8010...
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2013-11-01
... Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy Residential... waiver from Samsung Electronics America, Inc. (Samsung) regarding specified portions of the U.S... and refrigerator-freezers. In its petition, Samsung provides an alternate test procedure that is the...
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2013-03-13
... Petition for Waiver of Samsung Electronics America, Inc. from the Department of Energy Residential... waiver from Samsung Electronics America, Inc. (Samsung) regarding specified portions of the U.S... and refrigerator-freezers. In its petition, Samsung provides an alternate test procedure that is the...
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2013-09-17
... Petition for Waiver of Samsung Electronics America, Inc. From the Department of Energy Residential... waiver from Samsung Electronics America, Inc. (Samsung) regarding specified portions of the U.S... and refrigerator-freezers. In its petition, Samsung provides an alternate test procedure that is the...
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2010-04-01
... any of the Acts which the Board administers. (b)(1) Simple interest shall be assessed once a month on... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Assessment or waiver of interest, penalties... waiver of interest, penalties, and administrative costs with respect to collection of certain debts. (a...
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2013-08-09
... lapse between the start of cycles to avoid a ``drain out'' event. Cycles include preconditioning cycles... waiver in its entirety pursuant to 10 CFR 431.401(b)(1)(iv). Confidential business information has been... Interim Waiver if economic hardship and/or competitive disadvantage is likely to result absent a favorable...
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28 CFR 58.16 - Procedures for inclusion on the approved list.
2010-07-01
... not limited to, changes in the location of primary or satellite business office(s); the principal contact person; name or fictitious name under which the agency does business; management, including the... in the agency's policy for the reduction or waiver of fees; (iv) Expansion into additional judicial...
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Evaluation of Extended-Wear Hearing Technology for Children with Hearing Loss.
Wolfe, Jace; Schafer, Erin; Martella, Natalie; Morais, Mila; Mann, Misty
2015-01-01
Research shows that many older children and teenagers who have mild to moderately severe sensorineural hearing loss do not use their hearing instruments during all waking hours. A variety of reasons may contribute toward this problem, including concerns about cosmetics associated with hearing aid use and the inconvenience of daily maintenance associated with hearing instruments. Extended-wear hearing instruments are inserted into the wearer's ear canal by an audiologist and are essentially invisible to outside observers. The goal of this study was to evaluate the potential benefits and limitations associated with use of extended-wear hearing instruments in a group of children with hearing loss. A two-way repeated measures design was used to examine performance differences obtained with the participants' daily-wear hearing instruments versus that obtained with extended-wear hearing instruments. Sixteen children, ages 10-17 yr old, with sensorineural hearing loss ranging from mild to moderately severe. Probe microphone measures were completed to evaluate the aided output of device. Behavioral test measures included word recognition in quiet, sentence recognition in noise, aided warble-tone thresholds, and psychophysical loudness scaling. Questionnaires were also administered to evaluate subjective performance with each hearing technology. Data logging suggested that many participants were not using their daily-wear hearing instruments during all waking hours (mean use was less than 6 h/day). Real ear probe microphone measurements indicated that a closer fit to the Desired Sensation Level Version 5 prescriptive targets was achieved with the children's daily-wear instruments when compared to the extended-wear instruments. There was no statistically significant difference in monosyllabic word recognition at 50 or 60 dBA obtained with the two hearing technologies. Sentence recognition in noise obtained with use of the extended-wear devices was, however, significantly
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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.)
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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.)
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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.
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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%.
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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%.
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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.
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2010-04-01
... Administrative Review Process § 418.3610 Is there administrative or judicial review for administrative actions... reviewed by us, but they are not subject to the administrative or judicial review process as provided by... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Is there administrative or judicial review...
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Page JUDICIAL PRECEDENT IN THE NIGERIAN LEGAL SYSTEM
African Journals Online (AJOL)
Fr. Ikenga
Judicial precedent is a basic principle of the administration of justice in .... precedent assume a natural position that is not different from any other ... L. Alexander, Precedent in a Companion to Philosophy of Law and Legal Theory 503-513,.
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... 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 ...
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Comparison of Reading Literacy in Hearing Impaired and Normal Hearing Students
Directory of Open Access Journals (Sweden)
Dr. Ali Asghar Kakojoibari
2011-06-01
Full Text Available Background and Aim: listening, speaking, reading and writing are considered the lingual skills. These skills are in direct relation with each other. Listening is the first skill learnt by the individual through development. If damaged by hearing impairment, listening can cause serious defect to lingual skills. The goal of our research was to study the effect of hearing loss on reading literacy in hearing impairment students in comparison with normal hearing students.Methods: Study was performed using the examination booklets of Progress in International Reading Literacy Study (PIRLS 2001. 119 hearing impairment students of 4th grade primary school, last year guidance school, and last year high school levels in schools providing exceptional student education were included. These individuals were compared to 46 normal hearing students of 4th grade primary school of ordinary schools. Comparative statistical analysis was performed using t-test.Results: Reading literacy and literal contents understanding was shown to have a significant difference between normal hearing and whole hearing impaired student (p<0.05, except the ones in high school level with moderate hearing loss. There was also seen a significant difference between normal hearing and hearing impairment students in understanding of information contents (p=0.03.Conclusion: Hearing loss has a negative effect on reading literacy. Consequently, curriculum change and evolution of educational programs in exceptional centers is needed, in order to promote reading literacy and to enhance rest hearing
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Access the Unified Health System actions and services from the perspective of judicialization.
Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corrêa; Spindola, Thelma; Nogueira, Virginia Paiva Figueiredo
2016-01-01
the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health.
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2010-12-28
... issuing any Buy American Waivers to foreign manufacturers, if in the future these foreign companies begin... DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Decision To Issue Buy... that it was considering issuing waivers to Buy American requirements of 49 USC 50101 to foreign...
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A harpoon for Greenpeace?: judicial review of the regulation of radioactive substances
International Nuclear Information System (INIS)
Purdue, M.
1994-01-01
The judgement is reported on an application by Greenpeace Ltd for a judicial review of the decision by HMI of Pollution and the Ministry of Agriculture, Fisheries and Food to grant BNFL permission to test the new thermal oxide reprocessing plant. An analysis follows examining the issues relating to the process of judicial review in the UK and discussion of some of the substantive points raised by the litigation. (UK)
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76 FR 54289 - Petition for Waiver of Compliance
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...
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76 FR 10086 - Petition for Waiver of Compliance
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...
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Rurality and determinants of hearing healthcare in adult hearing aid recipients.
Chan, Stephen; Hixon, Brian; Adkins, Margaret; Shinn, Jennifer B; Bush, Matthew L
2017-10-01
The objective of this study was to compare the timing of hearing aid (HA) acquisition between adults in rural and urban communities. We hypothesized that time of acquisition of HA after onset of hearing loss is greater in rural adults compared with urban adults. Secondary objectives included assessment of socioeconomic/educational status and impact of hearing loss and hearing rehabilitation of urban and rural HA recipients. Cross-sectional questionnaire survey. We assessed demographics, timing of HA fitting from onset of hearing loss, and impact of hearing impairment in 336 adult HA recipients (273 urban, 63 rural) from a tertiary referral center. Amplification benefit was assessed using the International Outcome Inventory for Hearing Aids (IOI). The time to HA acquisition was greater for rural participants compared to urban participants (19.1 vs. 25.7 years, P = 0.024) for those with untreated hearing loss for at least 8 years. Age at hearing loss onset was correlated with time to HA acquisition (P = -0.54, P hearing specialists (68 vs. 32 minutes, P Hearing impairment caused job performance difficulty in 60% of all participants. Rural adults are at risk for delayed HA acquisition, which may be related to distance to hearing specialists. Further research is indicated to investigate barriers to care and expand access for vulnerable populations. 4. Laryngoscope, 127:2362-2367, 2017. © 2017 The American Laryngological, Rhinological and Otological Society, Inc.
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A expansão dos poderes judiciários The expansion of the judiciary powers
Directory of Open Access Journals (Sweden)
Lilia Ferreira Lobo
2012-01-01
Full Text Available O presente artigo propõe-se a comentar um texto de Foucault pouco conhecido e que não foi incluído na publicação francesa dos Ditos e Escritos. Além de apresentar esta publicação, que tem como título La redéfinition du judiciable (A redefinição do judiciável, pretende trazer algumas considerações sobre as questões sugeridas por Foucault, bem como algumas indicações sobre o que hoje nos acontece em termos da judicialização do nosso cotidiano. O texto traz uma análise do papel da justiça, daquilo que vem se tornando ou que é objeto de julgamento judiciário, discutindo o que caracteriza a difusão das funções judiciárias através de todo o corpo social na atualidade.This article aims to comment an unfamiliar article by Foucault, not included in the french edition of Dits et Écrits. Beyond presenting this publication, which is entitled La redéfinition du judiciable (The redefinition of the judiciable, it pretends to bring some considerations about the questions that Foucault suggests, as well as some indications about what is happening with us now-a-days in terms of the judicialization of the everyday life. The text brings an analysis of the roll of justice, of what is turning into or what is the object of judiciary judgment, discussing the elements which characterize the diffusion of the judiciary functions through the whole social body.
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2011-07-22
... number of days equal to the number of days in which they received training pay. An agency may not conduct... of Waiver of VA Compensation or Pension To Receive Military Pay and Allowances) Activity Under OMB....'' SUPPLEMENTARY INFORMATION: Title: Notice of Waiver of VA Compensation or Pension to Receive Military Pay and...
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Directory of Open Access Journals (Sweden)
Cláudia de Lurdes da Silva Gonçalves
2015-12-01
Full Text Available La Ley 11.101/2005, que regula sobre la recuperación judicial, extrajudicial y falencia, de la manera como está escrita, nos lleva una lectura taxativa. En un primer momento nos lleva a creer que no habrá intervención del poder judicial sobre las decisiones tomadas por la Junta de Acreedores. Sin embargo, como veremos más adelante, la jurisprudencia se ha ocupado sobre la intervención del poder judicial de una manera diferente de lo que está previsto en ley. El propósito de este ensayo es tratar de comprender las razones que fundamentan las intervenciones y sus cualidades. Esta investigación se desarrolló a través del método de interpretación sistémica, teniendo en su base tanto el estudio de la propia ley, como también una análisis de la jurisprudencia.
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Chastity and Sexual Honesty of Young Women from the Judicial Perspective
Directory of Open Access Journals (Sweden)
Gustavo Fondevila
2008-07-01
Full Text Available In this article it is analyzed the way in which the judicial scope has outlined the acceptable sexual behavior of young women in the Mexican society. Since the beginning of the 20th century up to now, the constitutive elements of sexual crimes have served to construct a socially acceptable (moral ideal of sexuality for young people. In this sense, social judgments as much as, judicial decisions agree in defining this ideal under the form of chastity, sexual honesty and purity.
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... 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. ...
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FROM THE POLISH WORKS ON THE CODIFICATION OF JUDICIAL PRINCIPLES OF CONDUCT
Directory of Open Access Journals (Sweden)
Korzeniewska-Lasota Anna
2017-12-01
Full Text Available In the article the author depicts the process of creating the codification of judicial principles of professional conduct. Firstly, the author describes the beginnings of the “model of a good judge”, followed thereafter by discussion in judicial environment on the need of normative conceptualization of the principles of conduct, which would constitute a separate collection. The proposals of the ethical codifications are presented, together with the two concluding works: The Judicial Set of Principles of Conduct [Zbiór zasad postępowania sędziów] created by the Association of Judges “Iustitia” and The Set of Principles of Professional Conduct for Judges and Candidate Judges [Zbiór zasad etyki zawodowej sędziów i asesorów Sądowych] by the National Council of the Judiciary in Poland.
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75 FR 20035 - Petition for Waiver of Compliance
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...
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77 FR 75699 - Petition for Waiver of Compliance
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...
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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
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Conductive hearing loss and bone conduction devices: restored binaural hearing?
Agterberg, Martijn J H; Hol, Myrthe K S; Cremers, Cor W R J; Mylanus, Emmanuel A M; van Opstal, John; Snik, Ad F M
2011-01-01
An important aspect of binaural hearing is the proper detection of interaural sound level differences and interaural timing differences. Assessments of binaural hearing were made in patients with acquired unilateral conductive hearing loss (UCHL, n = 11) or congenital UCHL (n = 10) after unilateral application of a bone conduction device (BCD), and in patients with bilateral conductive or mixed hearing loss after bilateral BCD application. Benefit (bilateral versus unilateral listening) was assessed by measuring directional hearing, compensation of the acoustic head shadow, binaural summation and binaural squelch. Measurements were performed after an acclimatization time of at least 10 weeks. Unilateral BCD application was beneficial, but there was less benefit in the patients with congenital UCHL as compared to patients with acquired UCHL. In adults with bilateral hearing loss, bilateral BCD application was clearly beneficial as compared to unilateral BCD application. Binaural summation was present, but binaural squelch could not be proven. To explain the poor results in the patients with congenital UCHL, two factors seemed to be important. First, a critical period in the development of binaural hearing might affect the binaural hearing abilities. Second, crossover stimulation, referring to additional stimulation of the cochlea contralateral to the BCD side, might deteriorate binaural hearing in patients with UCHL. Copyright © 2011 S. Karger AG, Basel.
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2010-12-14
... Office of Administration and Resources Management has concurred on this decision to make an exception to... ENVIRONMENTAL PROTECTION AGENCY [FRL-9238-8] Notice of a Regional Waiver of Section 1605 (Buy... Administrator of EPA Region 10 is hereby granting a waiver request from the Buy American requirements of ARRA...
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Legal process, litigation, and judicial decisions.
Beresford, H Richard
2013-01-01
Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.
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Directory of Open Access Journals (Sweden)
Hannah Keppler
2015-01-01
Full Text Available There is great concern regarding the development of noise-induced hearing loss (NIHL in youth caused by high sound levels during various leisure activities. Health-orientated behavior of young adults might be linked to the beliefs and attitudes toward noise, hearing loss, and hearing protector devices (HPDs. The objective of the current study was to evaluate the effects of attitudes and beliefs toward noise, hearing loss, and HPDs on young adults′ hearing status. A questionnaire and an audiological test battery were completed by 163 subjects (aged 18-30 years. The questionnaire contained the Youth Attitude to Noise Scale (YANS and Beliefs about Hearing Protection and Hearing Loss (BAHPHL. A more positive attitude or belief represented an attitude where noise or hearing loss is seen as unproblematic and attitudes and beliefs regarding HPDs is worse. Hearing was evaluated using (high frequency pure tone audiometry (PTA, transient evoked and distortion product otoacoustic emissions. First, mean differences in hearing between the groups with different attitudes and beliefs were evaluated using one-way analysis of variance (ANOVA. Second, a χ2 test was used to examine the usage of HPDs by the different groups with different attitudes and beliefs. Young adults with a positive attitude had significantly more deteriorated hearing and used HPDs less than the other subjects. Hearing conservation programs (HCPs for young adults should provide information and knowledge regarding noise, hearing loss, and HPDs. Barriers wearing HPDs should especially be discussed. Further, those campaigns should focus on self-experienced hearing related symptoms that might serve as triggers for attitudinal and behavioral changes.
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Directory of Open Access Journals (Sweden)
Anderson Vichinkeski Teixeira
2012-06-01
Full Text Available O presente artigo tem como objetivo encontrar parâmetros para que se possa determinar quando o ativismo judicial deixa o âmbito da argumentação jurídica e se torna instrumento de decisão política. Para tanto tentamos definir um possível conceito de ativismo judicial e as suas origens na tradição jurídica estadunidense. Nesse primeiro momento utilizamos o método histórico analítico para contextualizar historicamente as categorias conceituais em estudo e o momento de surgimento do fenômeno nos Estados Unidos. Em seguida, passamos a estudar, com base no método crítico-comparativo, os elementos fundamentais que caracterizam a racionalidade política e a racionalidade jurídica. Ao final, discutimos as perspectivas para um juiz ativista no Brasil, especialmente quando atue na proteção dos direitos fundamentais e na garantia da supremacia da Constituição. Em termos gerais, nossas conclusões apontam critérios que permitam a definição do que seria um ativismo judicial positivo, em detrimento da sua espécie nociva à saúde da ordem constitucional.This article has as general goal to find parameters in order to determine when the judicial activism leaves the field of legal argumentation and becomes an instrument of political decision. To this end, we started trying to define a possible concept of judicial activism and its origins in the United States juridical tradition. In this first moment, we use the historical analytical method to try to contextualize historically the conceptual categories under study and the conditions of emergence of this phenomenon in the United States. Following, on the basis of the critical comparative method, we began to study the fundamental elements that characterize political rationality and legal rationality. At the end, we discuss the prospects for an activist judge in Brazil, especially when acting in the protection of fundamental rights and ensuring the supremacy of the constitution. In general
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Confrontation Between Judicial Activism and State of Exception
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.
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5 CFR 831.618 - Waiver of spousal consent requirement.
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...
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5 CFR 842.607 - Waiver of spousal consent requirement.
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...
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41 CFR 101-26.100-2 - Request for waivers.
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...
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Directory of Open Access Journals (Sweden)
André Melo Gomes Pereira
2016-10-01
Full Text Available Purpose – This paper focuses on the relationship between the performed normative function and the judges’ internal independence, often by general and abstract commands, for self-government agencies with regulation functions in the Judiciary. Methodology/approach/design – This study implements analyses of standards and regulation literature, normative function, self-government and judicial independence. Illustratively, courts’ decisions on specific cases were analyzed. Special attention was given to the theoretical bases of regulation, the normative function of government agencies and to the democratization proposal of judicial self-government, a model notedly proposed by Zaffaroni. Findings – Self-government implies regulation. Regulation involves the exercise of normative function. Internal democratization of judicial self-government and participation of all regulated agents in the Judiciary are necessary tools to ensure legitimacy and the internal independence for the exercise of normative functions and the whole set of activities put forward by self-government agencies. Practical implications – The paper discusses a change in the institutional design of self-government in the Judiciary and the limits imposed by its the normative function. Originality/value – It correlates the regulatory function developed by self-government agencies with the assurance of judges’ internal independence.
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RESTRICTION OF RIGHTS OF NON-GOVERNMENTAL ORGANIZATIONS IN RUSSIA AS A SUBJECT OF JUDICIAL CONTROL
Directory of Open Access Journals (Sweden)
P. Vinogradova
2016-01-01
Full Text Available This article examines the issue of the regulation of the Russian state’s control over the activities of non-governmental organizations and the limits to that control. Important changes made in 2014–2016 in the regulation of the organization and activity of judicial power show that the tasks of transformation of the judicial power structure, establishment of effective control mechanisms and strengthening of the requirements on substantiation of court judgments have become more topical. Addressing this issue and taking it as the subject of study are motivated by the small number of works dealing with this issue. The task of enhancing the effectiveness of the exercise of their powers by public authorities necessitates consideration of special features of judicial control over disputes related to restriction of rights. The adoption of the Administrative Procedure Code of the Russian Federation and the statutory formalization of special features of judicial control with respect to certain non-commercial organizations imply changes in judicial practice related to challenging the decisions made by public authorities. In addition to special procedural features such changes also facilitate the spread in law enforcement practice of legal arrangements like the ‘proportionality test’ and determining the balance between competing constitutional values and conditions of public order observance. The analysis carried out by the author reveals tendencies of improvement in legislative action and allows identification of future lines of improvement in judicial practice.
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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,...
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Judicial Decisions in the Field of Labour Law.
International Labour Review, 1982
1982-01-01
Presents a selection of summaries of recent judicial decisions in a number of countries concerninq the application of general legal principles to contracts of employment, acquired rights, liability of employers and workers, access to employment, nature of the employment relationship, and more. (Editor/CT)
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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...
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76 FR 59482 - Petition for Waivers of Compliance
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...
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78 FR 1934 - Petition for Waiver of Compliance
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...
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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...
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Treatment Efficacy: Hearing Aids in the Management of Hearing Loss in Adults.
Weinstein, Barbara E.
1996-01-01
This article reviews the efficacy of hearing aids in adults with hearing impairments. Information is provided on the prevalence of hearing impairments; the daily effects of a hearing impairment; and the role of the audiologist. The effectiveness and benefits of hearing aids are reviewed, and a case study is provided. (CR)
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Access the Unified Health System actions and services from the perspective of judicialization
Directory of Open Access Journals (Sweden)
Raquel de Souza Ramos
Full Text Available Objective: the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. Method: qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. Results: the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. Conclusion: considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health.
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36 CFR 254.12 - Value equalization; cash equalization waiver.
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...
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44 CFR 5.43 - Waiver or reduction of fees.
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...
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Binaural pitch perception in normal-hearing and hearing-impaired listeners
DEFF Research Database (Denmark)
Santurette, Sébastien; Dau, Torsten
2007-01-01
The effects of hearing impairment on the perception of binaural-pitch stimuli were investigated. Several experiments were performed with normal-hearing and hearing-impaired listeners, including detection and discrimination of binaural pitch, and melody recognition using different types of binaural...... pitches. For the normal-hearing listeners, all types of binaural pitches could be perceived immediately and were musical. The hearing-impaired listeners could be divided into three groups based on their results: (a) some perceived all types of binaural pitches, but with decreased salience or musicality...... compared to normal-hearing listeners; (b) some could only perceive the strongest pitch types; (c) some were unable to perceive any binaural pitch at all. The performance of the listeners was not correlated with audibility. Additional experiments investigated the correlation between performance in binaural...
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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...
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Quality of Judicial Organisation and checks and balances
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
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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...
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Rossini, K; Verdoux, H
2015-09-01
To assess involuntary admitted patients' experience and understanding of their hearing with the judge ruling on civil detention cases according to the Act of July 5th 2011. The evaluation was conducted through face-to-face interviews, from a semi-structured questionnaire, with 48 involuntary admitted patients under psychiatric care admission on a third party request (ASPDT) or on state representative decision (ASPDRE) (participation rate=96%). Few participants knew the name of the hearing place (13%) and the judge's exact title (21%). About 58% of them had benefited from lawyer services. During the hearing, half of the patients contested the need for hospitalization. The judge was perceived as clear (79%), listening (69%) and benevolent (58%), but only 46% of patients believed that he/she was impartial and 35% that he/she was independent from medical decisions. More than half of the patients disagreed with the judge's decision (56%). However, only 19% of them planned to appeal. Three out of four were in favour of a judicial review of involuntary hospitalization. A feeling of protection was more common in people with a higher educational level (65% versus 35%, Chi(2) (1) = 3.9, P = 0.05) and who suffered from mood disorders (75% versus 46%, Chi(2) (1) = 3.8, P = 0.05). A feeling of being accused was more frequent in persons with hospitalization under psychiatric care admission on state representative decision (ASPDRE) than on a third party request (ASPDT) (37% vs 10%, Chi(2) (1) = 4.9, P = 0.03). Persons under guardianship were also more likely to report such feelings (32% versus 10%, Chi(2) (1) = 3.4, P=0.06). The feeling that "everything was preordained" was more common in younger patients (m = 36.4 years [SD = 13.9] vs m = 46.2 years [SD = 17.8], t-test [46] = 2.01, P = 0.04), as well as among those who used the advice of a lawyer, with an association at a trend level (73% versus 46%, Chi(2) (1) = 3.5, P = 0.06). Systematic judicial review of involuntary
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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.
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U.S. Navy Aeromedical Reference and Waiver Guide
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
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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
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Viral Causes of Hearing Loss: A Review for Hearing Health Professionals
Cohen, Brandon E.; Durstenfeld, Anne
2014-01-01
A number of viral infections can cause hearing loss. Hearing loss induced by these viruses can be congenital or acquired, unilateral or bilateral. Certain viral infections can directly damage inner ear structures, others can induce inflammatory responses which then cause this damage, and still others can increase susceptibility or bacterial or fungal infection, leading to hearing loss. Typically, virus-induced hearing loss is sensorineural, although conductive and mixed hearing losses can be seen following infection with certain viruses. Occasionally, recovery of hearing after these infections can occur spontaneously. Most importantly, some of these viral infections can be prevented or treated. For many of these viruses, guidelines for their treatment or prevention have recently been revised. In this review, we outline many of the viruses that cause hearing loss, their epidemiology, course, prevention, and treatment. PMID:25080364
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Judicial action and technical risk
International Nuclear Information System (INIS)
Buiren, S. van; Ballerstedt, E.; Grimm, D.
1981-05-01
In this study it is examined how the judiciary deals with those sections that are crucial for the use of nuclear energy. The authors get down to the pre-dominant problem of the law relating to technical safety. In the process they encounter the central dilemma of modern democracy, i.e. the strained relations which exist between judicial control and democratic responsibility. Since nuclear energy entered the market place, it has been the administrative courts which - in practice - have decided whether and to what extent nuclear energy may be used. On the one hand, this is a result of the fast growth of, and rapid change in, science and technology. On the other hand, it is a result of administrative law standards which have developed in the Federal Republic of Germany after World War II. The former requires the normative structure of the atomic law, the latter postulates how to deal with it. Legal protection against an act of public authority is guaranteed by the Basic Law and usually with some justification considered a splendid achievement of our state which is based on the rule of law. It has lead to developments in the atomic law and in many parts of the law relating to technical safety on which opinions are divided. In a dogmatic manner it has been legally examined to what extent an extensive review competence of the judiciary is a must, and whether there are any possibilities of judicial control of acts of public authorities without having to interfere with the original competence of administrations. (orig./HP) [de
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El Poder Judicial Electrónico en Iberoamérica
Directory of Open Access Journals (Sweden)
José Miguel Busquets
2010-07-01
Full Text Available En este artículo, presentamos el índice del Poder Judicial Electrónico para 8 países de Iberoamérica, a saber: Argentina, Brasil, Costa Rica, Cuba, Chile, España, Portugal y Uruguay. El índice del Poder Judicial Electrónico tiene como objetivo medir el grado de incorporación de las tecnologías de la Información y la Comunicación (TICs en los Poderes Judiciales. El mismo es el resultado de un relevamiento realizado entre abril y agosto de 2013 a informantes calificados, muchos de ellos integrantes de Universidades que pertenecen a la Red LEFIS (Legal Framework for the Information Society. Entre los resultados significativos de esta investigación encontramos: 1 Mientras que las dimensiones de información y gestión del índice son los más desarrollados, las dimensiones de relación y decisión del mismo índice están mucho menos desarrolladas en el conjunto de los 8 países de Iberoamérica estudiados. 2 Con más de un 50% del índice de Poder Judicial Electrónico desarrollado se encuentran Brasil, España, Costa Rica, Portugal, Chile, Argentina, Uruguay y Cuba
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75 FR 25311 - Requested Administrative Waiver of the Coastwise Trade Laws
2010-05-07
.... ACTION: Invitation for public comments on a requested administrative waiver of the Coastwise Trade Laws... Gurland, Secretary, Maritime Adminstration. [FR Doc. 2010-10903 Filed 5-6-10; 8:45 am] BILLING CODE 4910...
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Constitutional and administrative paradigms in judicial control over EU high and low politics
Cebulak Pola
2017-01-01
This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor) or constitutional (judicial review as guarantee of fundamental rights) in characte...
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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
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32 CFR 270.13 - No right to judicial review or legal cause of action.
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...
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¿Existe discrecionalidad en la decisión judicial?
Directory of Open Access Journals (Sweden)
García Amado, Juan Antonio
2006-12-01
Full Text Available Two different sets of legal theories have denied that judges have any discretion when deciding cases. The first was “naive” formalism as practised in the XIXth century,and more specifically, the exegesis school in France and the conceptual jurisprudence school (Begriffsjurisprudenz in Germany. The second was the “sophisticated” formalism of the late XXth century, which both establishes a connection between law and social morality, and undertakes a moral reading of the constitution so that positive law could offer the one right answer in each case. On its turn, mainstream legal positivism has regarded judicial discretion as an unavoidable and even perhaps desirable consequence of the structural features of any really existing legal order.
Dos tipos de doctrinas jurídicas han tratado de negar la discrecionalidad judicial: por un lado, el formalismo ingenuo del siglo XIX, propio de la Escuela de la Exégesis, en Francia, y de la Jurisprudencia de Conceptos, en Alemania; por otro lado, el formalismo sofisticado de fines del siglo XX, que primero integra derecho y moral social y, después, moraliza la Constitución positiva para que en el derecho positivo se contenga una única solución correcta para cada caso posible. Por contra, el positivismo jurídico del siglo XX ha visto en la discrecionalidad judicial una consecuencia, tan inevitable como conveniente, de los caracteres de todo sistema jurídico real. -
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.
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Exploring the influence of culture on hearing help-seeking and hearing-aid uptake.
Zhao, Fei; Manchaiah, Vinaya; St Claire, Lindsay; Danermark, Berth; Jones, Lesley; Brandreth, Marian; Krishna, Rajalakshmi; Goodwin, Robin
2015-07-01
The purpose of this paper was to highlight the importance of cultural influence in understanding hearing-help seeking and hearing-aid uptake. Information on audiological services in different countries and 'theories related to cross-culture' is presented, followed by a general discussion. Twenty-seven relevant literature reviews on hearing impairment, cross-cultural studies, and the health psychology model and others as secondary resources. Despite the adverse consequences of hearing impairment and the significant potential benefits of audiological rehabilitation, only a small number of those with hearing impairment seek professional help and take up appropriate rehabilitation. Therefore, hearing help-seeking and hearing-aid uptake has recently become the hot topic for clinicians and researchers. Previous research has identified many contributing factors for hearing help-seeking with self-reported hearing disability being one of the main factors. Although significant differences in help-seeking and hearing-aid adoption rates have been reported across countries in population studies, limited literature on the influence of cross-cultural factors in this area calls for an immediate need for research. This paper highlights the importance of psychological models and cross-cultural research in the area of hearing help-seeking and hearing-aid uptake, and consequently some directions for future research are proposed.
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42 CFR 431.55 - Waiver of other Medicaid requirements.
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...
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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
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Low empathy in deaf and hard of hearing (preadolescents compared to normal hearing controls.
Directory of Open Access Journals (Sweden)
Anouk P Netten
Full Text Available The purpose of this study was to examine the level of empathy in deaf and hard of hearing (preadolescents compared to normal hearing controls and to define the influence of language and various hearing loss characteristics on the development of empathy.The study group (mean age 11.9 years consisted of 122 deaf and hard of hearing children (52 children with cochlear implants and 70 children with conventional hearing aids and 162 normal hearing children. The two groups were compared using self-reports, a parent-report and observation tasks to rate the children's level of empathy, their attendance to others' emotions, emotion recognition, and supportive behavior.Deaf and hard of hearing children reported lower levels of cognitive empathy and prosocial motivation than normal hearing children, regardless of their type of hearing device. The level of emotion recognition was equal in both groups. During observations, deaf and hard of hearing children showed more attention to the emotion evoking events but less supportive behavior compared to their normal hearing peers. Deaf and hard of hearing children attending mainstream education or using oral language show higher levels of cognitive empathy and prosocial motivation than deaf and hard of hearing children who use sign (supported language or attend special education. However, they are still outperformed by normal hearing children.Deaf and hard of hearing children, especially those in special education, show lower levels of empathy than normal hearing children, which can have consequences for initiating and maintaining relationships.
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78 FR 25347 - Petition for Waiver of Compliance
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...
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Mathematics Motivation, Anxiety, and Performance in Female Deaf/Hard-of-Hearing and Hearing Students
Ariapooran, Saeed
2017-01-01
Hearing loss can be a major detriment to academic achievement among students. The present comparative study examines the differences in mathematics motivation, anxiety, and performance in female students with hearing loss and their hearing peers. A total of 63 female students with hearing loss (deaf and hard-of-hearing) and 63 hearing female…
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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).
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28 CFR 545.23 - Inmate work/program assignment.
2010-07-01
... community living area, unless the pretrial inmate has signed a waiver of his or her right not to work (see... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Inmate work/program assignment. 545.23... WORK AND COMPENSATION Inmate Work and Performance Pay Program § 545.23 Inmate work/program assignment...
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48 CFR 614.402-70 - Waiver of public opening of bids.
2010-10-01
... of public opening of bids. Overseas posts may request waiver of the public opening of bids if that activity is inconsistent with local law or legal practice, or with post security. For that purpose, the...
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Execution of the European Arrest Warrant by the Romanian Judicial Authorities
Directory of Open Access Journals (Sweden)
Ion Rusu
2009-06-01
Full Text Available The unprecedented development of criminality at the social and economical levels, the tendency toglobalize some categories of crimes, of maximum gravity, as terrorism, armament traffic, drug traffic orhuman traffic, have determined the world states to undertake specific measures to prevent, combat and finallyreduce it. The first and most important measure taken by the Europe’s Council, regarding the intensificationof judicial cooperation in criminal matters was the adoption of the European Convention on extradition, inParis on 13 December 1957, completed by the two Additional Protocols in Strasbourg, on 15 October 1975and 17 March 1978. In this context, the release of the Council’s Framework Decision on 13 June 2002 on theEuropean arrest warrant and the procedures of delivery among the member states (2002/584/JAI representeda natural decision, with the purpose of contributing at ensuring a free, secure and just European space. TheEuropean arrest warrant is a judicial decision through which a competent judicial authority of a EuropeanUnion member state solicits the arrest and delivery by another member state, in order to proceed to theprosecution, trial or execution of a penalty or safety measure that is privative of freedom.
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Edith Maria Barbosa Ramos; Isadora Moraes Diniz
2017-01-01
In the past few years, the judicialization of health has become a problematic theme to the Judiciary. In this contexto, the National Justice Council to puts itself in the role of promoting a judicial public policy for defense and guarantee of health rights, by the National Judiciary Forum on Health institution. This study aims to evaluate the efficacy of the National Forum practice in offering solutions and alternatives to the health judicialization process. The research was carried out durin...
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75 FR 11620 - Waiver of Restriction on Assistance to Cambodia
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...
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Does Avoiding Judicial Isolation Outweigh the Risks Related to “Professional Death by Facebook”?
Directory of Open Access Journals (Sweden)
Karen Eltis
2014-09-01
Full Text Available What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt that fate, proactively addressing judicial social networking and its potential ramification for the administration of justice in the digital age? The immediate purpose of this article is to generate greater awareness of the issues specifically surrounding judicial social networking and to highlight some practical steps that those responsible for judicial training might consider in order to better equip judges for dealing with the exigencies of the digital realm. The focus is on understanding how to first recognize and then mitigate privacy and security risks in order to avoid bringing justice into disrepute through mishaps, and to stave off otherwise preventable incidents. This paper endeavors to provide a very brief overview of the emerging normative framework pertinent to the judicial use of social media, from a comparative perspective, concluding with some more practical (however preliminary recommendations for more prudent and advised ESM use.
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Access the Unified Health System actions and services from the perspective of judicialization1
Ramos, Raquel de Souza; Gomes, Antonio Marcos Tosoli; de Oliveira, Denize Cristina; Marques, Sergio Corrêa; Spindola, Thelma; Nogueira, Virginia Paiva Figueiredo
2016-01-01
Objective: the judicialization of health is incorporated into the daily work of health institutions in Brazil through the court orders for access. In this study, the objective was to describe the contents of the social representations of access, through judicialization, for the health professionals. Method: qualitative study based on Social Representations Theory, involving 40 professionals, at a teaching hospital and at the center for the regulation of beds and procedures in Rio de Janeiro. Forty semistructured interviews were held, to which the thematic-categorical content analysis technique was applied. Results: the health professionals' attitude towards the reality the judicialization imposes is negative, but they acknowledge this resource as necessary in view of the public health crisis. Judicialization is considered a strategy to exercise citizenship that superimposes individual on collective law, increases social inequalities in access and compromises the efficacy of health policies. Conclusion: considering social representation as a determinant of practices, the representations that emerged can contribute to the change of the professionals' practices. Improvements in user care should be promoted, characterized as one of the main challenges to advance in universal access to health. PMID:27143542
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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...
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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...
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Subjective Evaluation of Sound Quality for Normal-hearing and Hearing-i,paired Listeners
DEFF Research Database (Denmark)
Nielsen, Lars Bramsløw
1992-01-01
11 hearing-impaired (HI) and 12 normal-hearing (NH) subjects have performed sound quality ratings on 6 perceptual scales (Loudness, Clarity, Sharpness, Fullness, Spaciousness and Overall judgement). The signals for the rating experiment consisted of running speech and music with or without......, but the normal-hearing group was slightly more reliable. There were significant differences between stimuli and between subjects, with stimuli affecting the ratings the most. Normal-hearing and hearing-impaired subjects showed similar trends, but normal-hearing listeners were generally more sensitive, i...
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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.
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Applications of direct-to-consumer hearing devices for adults with hearing loss: a review
Directory of Open Access Journals (Sweden)
Manchaiah V
2017-05-01
Full Text Available Vinaya Manchaiah,1–4 Brian Taylor,5 Ashley L Dockens,1 Nicole R Tran,1 Kayla Lane,1 Mariana Castle,1 Vibhu Grover1 1Department of Speech and Hearing Sciences, Lamar University, Beaumont, TX, USA; 2The Swedish Institute for Disability Research, Department of Behavioural Sciences and Learning, Linköping University, Linköping, Sweden; 3Audiology India, Mysore, 4Department of Speech and Hearing, School of Allied Health Sciences, Manipal University, Manipal, India; 5Taylor Audio LLC, Minneapolis, MN, USA Background: This systematic literature review is aimed at investigating applications of direct-to-consumer hearing devices for adults with hearing loss. This review discusses three categories of direct-to-consumer hearing devices: 1 personal sound amplification products (PSAPs, 2 direct-mail hearing aids, and 3 over-the-counter (OTC hearing aids.Method: A literature review was conducted using EBSCOhost and included the databases CINAHL, MEDLINE, and PsycINFO. After applying prior agreed inclusion and exclusion criteria, 13 reports were included in the review.Results: Included studies fell into three domains: 1 electroacoustic characteristics, 2 consumer surveys, and 3 outcome evaluations. Electroacoustic characteristics of these devices vary significantly with some meeting the stringent acoustic criteria used for hearing aids, while others producing dangerous output levels (ie, over 120-dB sound pressure level. Low-end (or low-cost devices were typically poor in acoustic quality and did not meet gain levels necessary for most adult and elderly hearing loss patterns (eg, presbycusis, especially in high frequencies. Despite direct-mail hearing aids and PSAPs being associated with lower satisfaction when compared to hearing aids purchased through hearing health care professionals, consumer surveys suggest that 5%–19% of people with hearing loss purchase hearing aids through direct-mail or online. Studies on outcome evaluation suggest positive
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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.
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Relationship between hearing complaint and hearing loss among older people
Directory of Open Access Journals (Sweden)
Teixeira, Adriane Ribeiro
2009-03-01
Full Text Available Introduction: Presbycusis is a public health problem. Despite its high prevalence, many elders do not have their hearing ability investigated periodically, because they do not have a specific complaint. Objective: To check whether there is a relationship between the complaint and the presence of hearing loss in elder people. Method: Transversal study in elders from a neighborhood in the city of Canoas, Rio Grande do Sul. After the definition of the neighborhood's geographic boundaries, all houses were visited, the older people's addresses were ascertained and the invitations to take part in the research were provided. A questionnaire survey was applied which had a question about hearing loss complaint and air-conducted hearing thresholds were obtained and studied. Out of the 72 identified elders 50 elders agreed to participate, 35 (70% women, and 15 (30% men. Results: It was confirmed that only 12 (24% elders showed a specific complaint of hearing loss, although 33 (66% elders showed slight, moderate, severe and profound hearing losses. Conclusion: Data analysis confirmed there was no relationship between the complaint and the presence of hearing loss in the assessed group, and demonstrated the need to forward the elders for audiological evaluation even without any specific complaint.
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Tobacco industry use of judicial seminars to influence rulings in products liability litigation
Friedman, L C
2006-01-01
Objectives This paper examines the tobacco industry's efforts to influence litigation by sponsoring judicial seminars. Methods Thousands of internal tobacco documents were examined, including memos, reports, presentations, and newsletters. Connections to outside organisations were corroborated by examining tobacco industry financial records, budgets, and letters pledging funds. Facts about outside organisations were triangulated through examining their websites and publicly‐filed financial records, and verifying facts through their representatives' statements in newspaper and law review articles. Results There are direct financial ties between the tobacco industry and groups that organise judicial seminars in an effort to influence jurisprudence, and judges who attend these seminars may be breaching judicial ethics either by not inquiring about the source of funding or by ignoring funding by potential litigants. Conclusions The tobacco industry's attempts to clandestinely influence judges' decisions in cases to which they are a party endangers the integrity of the judiciary. PMID:16565460
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Purcell, Patricia L; Jones-Goodrich, Rose; Wisneski, Meghan; Edwards, Todd C; Sie, Kathleen C Y
2016-11-01
Management of children with unilateral hearing loss is not standardized. The primary goal of this study was to elicit patient- and parent-reported perspectives regarding usage of hearing devices in pediatric UHL and to suggest a basic algorithmic approach to management. Our tertiary care center recruited families of youth ages 5-19 years with unilateral hearing loss from January 2014 through October 2015. Parents of all youths completed a 36-item survey, and some youth ages 11-19 years participated in hour-long interviews. We assessed patterns of hearing device usage among participants, and performed qualitative data analysis to understand factors considered by youths when deciding whether or not to use a hearing device. Survey information was collected for 50 patients. Distribution of hearing loss severity in affected ear was mild 14%, moderate 26%, severe 22%, and profound 38%. The majority of children had sensorineural hearing loss (57%), followed by mixed (32%), and then conductive (11%). 34 children (68%) had tried a hearing device; 20 continued to use the device. Retention rates were similar among children with different degrees of hearing loss: mild 66%, moderate 50%, severe 60%, profound 64%. Sixteen children tried a wireless contralateral routing of signal (CROS) device, and 15 tried a behind-the-ear (BTE) hearing aid. Retention rates for CROS and BTE devices were 69% and 47%, respectively. The most common reason for cessation of use was discomfort, followed by lack of benefit. A majority of children with unilateral hearing loss who tried a hearing device continued to use it, and retention rates were similar across all degrees of hearing loss. These findings suggest that personal hearing devices should be included in management protocols. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.
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Elderly With Different Types of Hearing Loss and Comorbidities: Satisfaction With Hearing Aids
Directory of Open Access Journals (Sweden)
Dashti
2015-07-01
Full Text Available Background Hearing loss is developing when age is rising. Initiation and progression rates of hearing loss vary among different individuals and groups. Objectives The current study aimed to determine satisfaction of the elderly with their hearing aids in different types of hearing loss and comorbidities. Patients and Methods The study was conducted on 40 elderly subjects suffering from hearing loss and using hearing aids. The data collection method included assessment of hearing loss in addition to using a questionnaire to estimate respondents' satisfaction with their hearing aids in daily life. The Persian version of the Satisfaction with Amplification in Daily Life (SADL questionnaire was administered. The data were analyzed using descriptive and inferential statistics by SPSS software version19. Results The mean satisfaction scores of the elderly were 4.83 ± 0.51 and 5.36 ± 0.30 in the sensorineural loss groups. There was no significant difference between different comorbidities. There was a significant difference between satisfaction level of cost and services subscales in the symmetrical styles of hearing loss (P value = 0.04. Conclusions The findings of the study indicated a high satisfaction of the elderly with their hearing aids, considering the type of hearing loss. Despite all the efforts to improve the audiologic services during verification process, the elderly should be consulted specifically in order to fit their hearing aid as well as their expectations from aid.
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Quality of Life and Hearing Eight Years After Sudden Sensorineural Hearing Loss.
Härkönen, Kati; Kivekäs, Ilkka; Rautiainen, Markus; Kotti, Voitto; Vasama, Juha-Pekka
2017-04-01
To explore long-term hearing results, quality of life (QoL), quality of hearing (QoH), work-related stress, tinnitus, and balance problems after idiopathic sudden sensorineural hearing loss (ISSNHL). Cross-sectional study. We reviewed the audiograms of 680 patients with unilateral ISSNHL on average 8 years after the hearing impairment, and then divided the patients into two study groups based on whether their ISSNHL had recovered to normal (pure tone average [PTA] ≤ 30 dB) or not (PTA > 30 dB). The inclusion criteria were a hearing threshold decrease of 30 dB or more in at least three contiguous frequencies occurring within 72 hours in the affected ear and normal hearing in the contralateral ear. Audiograms of 217 patients fulfilled the criteria. We reviewed their medical records; measured present QoL, QoH, and work-related stress with specific questionnaires; and updated the hearing status. Poor hearing outcome after ISSNHL was correlated with age, severity of hearing loss, and vertigo together with ISSNHL. Quality of life and QoH were statistically significantly better in patients with recovered hearing, and the patients had statistically significantly less tinnitus and balance problems. During the 8-year follow-up, the PTA of the affected ear deteriorated on average 7 dB, and healthy ear deteriorated 6 dB. Idiopathic sudden sensorineural hearing loss that failed to recover had a negative impact on long-term QoL and QoH. The hearing deteriorated as a function of age similarly both in the affected and the healthy ear, and there were no differences between the groups. The cumulative recurrence rate for ISSNHL was 3.5%. 4 Laryngoscope, 127:927-931, 2017. © 2016 The American Laryngological, Rhinological and Otological Society, Inc.
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NCLB Waivers and Accountability: The Graduation Rate Balancing Act
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…
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What factors influence help-seeking for hearing impairment and hearing aid adoption in older adults?
Meyer, Carly; Hickson, Louise
2012-02-01
The purpose of this review paper was to identify factors that influence older adults' decisions to seek help for hearing impairment and to adopt hearing aids. A literature search of abstracts within peer-reviewed journal articles published in English between 1990 and 2010 was conducted in online bibliographic databases using the keywords: hearing; impair* or loss; seek* or candidate* or applicant* or acquir*; and hearing aid* or help or advice. Twenty-two articles that were directly relevant to this topic were included in this review. The evidence suggests that individuals are more likely to seek help for hearing impairment and/or adopt hearing aids if they: (1) have a moderate to severe hearing impairment and self-reported hearing-related activity limitations or participation restrictions; (2) are older; (3) perceive their hearing as poor; (4) consider there to be more benefits than barriers to amplification; and (5) perceive their significant other/s as supportive of hearing rehabilitation. A barrier to help-seeking for hearing impairment and hearing aid adoption appears to be general practitioners' management of age-related hearing impairment.
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75 FR 4449 - Requested Administrative Waiver of the Coastwise Trade Laws
2010-01-27
... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2010-0002] Requested Administrative Waiver of the Coastwise Trade Laws AGENCY: Maritime Administration, Department of Transportation. ACTION: Notice; correction. SUMMARY: On January 15, 2010, the Maritime Administration published notice of...
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Judicial activism of the Court of Justice of the EU in the pluralist architecture of global law
Cebulak, Pola
2014-01-01
Judicial activism implies a hidden politicization of the Court. The legal arguments and the methods used by the Court of Justice of the European Union (CJEU) might seem coherent. However, an inquiry into judicial activism means looking beyond the legal reasoning of the Court and trying to “connect the dots” of an alternative narrative that can explain the Court’s long-term approach to certain issues. In the case of judicial activism of the CJEU in the case-law concerning public international ...
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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.
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Dunlop, Anne L; Adams, Esther Kathleen; Hawley, Jonathan; Blake, Sarah C; Joski, Peter
We sought to assess the impact of Georgia's family planning demonstration waiver upon access to and use of contraceptive and preventive health services within Title X and Medicaid. Georgia Title X and Medicaid data for January 2009 through December 2013 (before and after the waiver), restricting Title X data to women targeted by the waiver (18-44 years, incomes from 25% and 50% through 200% of the federal poverty level [FPL]) was assembled by quarter and marginal effects of the changes before and after waiver implementation were derived using multivariate regression models. After implementation, there was a significant increase in the probability of Title X clients in the waiver-targeted age and income ranges who had Medicaid versus no insurance and who exited the encounter with higher effectiveness contraceptive methods, including long-acting reversible contraceptives (LARCs), and with cervical cytology and sexually transmitted infection testing. In the Medicaid data from 2009 to 2013, there was an increase in the mean number of encounters per enrollee (2.19 vs. 2.42) and in LARC users; however, the percentage of all Georgia women living under 200% of the FPL with a family planning encounter in Title X and Medicaid decreased from 19% to 15%. Our findings suggest that implementation of the Georgia family planning demonstration waiver contributed to the increased use of higher effectiveness contraceptive methods, including LARCs, within the Medicaid and Title X programs as well as the increased use of preventive screenings among Title X clients. However, when the full population of low-income Georgia women targeted by the waiver was considered, a greater percentage was not served over the demonstration period. Copyright © 2016 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.
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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...
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Legislation and judicial practice on illegitimate children in 19th century Serbia
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Kulauzov Maša
2014-01-01
Full Text Available Legal position of non-marital children according to 19th century Serbian legislature and judicial practice is examined in this paper. Provisions and court decisions on personal rights, property rights and rights of succession of illegitimate children are presented and critically analyzed. Children born out of wedlock were not equal to children born in lawful marriage. Therefore, significance of legalization of illegitimate children regarding improvement of their legal status is accentuated. As non-marital relationships were condemned in patriarchal Serbian 19th century society, illegitimate children were considered a product of sin and family disgrace. Hence, legislative and judicial attempts to protect their interests and improve their legal position are emphasized in this paper. Beside legalization, adoption was also the way to better position of illegitimate children in great extent, as adopted child was granted the status of a child born in lawful marriage. That is a reason why judicial practice concerning adoption, widespread in 19th century Serbia, is scrutinized and critically analyzed in the article.
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Wroblewska-Seniuk, Katarzyna; Dabrowski, Piotr; Greczka, Grazyna; Szabatowska, Katarzyna; Glowacka, Agata; Szyfter, Witold; Mazela, Jan
2018-02-01
The aim of this study was to analyze infants diagnosed with sensorineural or conductive hearing deficit and to identify risk factors associated with these defects. A retrospective analysis of infants diagnosed with hearing deficit based on the database of the universal newborn hearing screening program and medical records of the patients. 27 935 infants were covered by the universal neonatal hearing screening program. 109 (0.39%) were diagnosed with hearing deficit and referred for treatment and rehabilitation. 56 (51.4%) children were diagnosed with conductive, 38 (34.9%) with sensorineural and 15 (13.8%) with mixed type of hearing deficit. Children with sensorineural hearing deficit more frequently suffered from hyperbilirubinemia (p conductive hearing loss were more frequently diagnosed with isolated craniofacial anomalies (p hearing deficit occurred almost 3 times more often bilaterally than unilaterally (p hearing deficit, the difference was not significant. In children with conductive and mixed type of hearing loss the impairment was mainly mild while among those with sensorineural hearing deficit in almost 45% it was severe and profound (p hearing screening test by means of otoacoustic emissions and the final diagnosis of hearing deficit we found that the highest agreement rate was observed in children with sensorineural hearing loss (p hearing deficit was similar in children with sensorineural, conductive and mixed type of hearing loss, only hyperbilirubinemia seemed to predispose to sensorineural hearing deficit and isolated craniofacial malformations seemed to be associated with conductive hearing loss. Sensorineural hearing deficit usually occurred bilaterally and was severe or profound, while conductive and mixed type of hearing deficit were most often of mild degree. Most children with the final diagnosis of sensorineural hearing deficit had positive result of hearing screening by means of otoacoustic emissions. Copyright © 2017 Elsevier B.V. All
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Decision or norm: Judicial discretion as a treat to the rule of law
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Avramović Dragutin
2012-01-01
Full Text Available Principle of legality and legal certainty, as key notions even of the thinnest concept of rule of law, are largely endangered in our times by widening of judicial discretion range. That trend is more and more at hand in European states as well, due to convergence of common law and civil law legal systems. Judicial decision acquires higher and higher factual importance in European legal systems, although it is generally not considered as a source of law. After analysis of standings by leading scholars of legal realism theory, the author admits that a very high level of tension frequently exists between judicial decision and legal norm. Within that conflict often and relatively easy decision succeeds to tear off by the strict letter of the law. In application of general legal rules upon concrete case, by creative adjustment of the law to life, due to necessary general and abstract character of legal norms, judge becomes more creator of law, rather than the one who applies it. The author points to danger of subjective and prejudiced attitudes of the judges, as they, due to their wide discretion, make a decision more upon their own feeling of justice, rather than upon law itself. In that way the law transforms itself in judicial decision based upon subjective understanding of justice and fairness.
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Memory for faces and objects by deaf and hearing signers and hearing nonsigners.
Arnold, P; Murray, C
1998-07-01
The memory of 11 deaf and 11 hearing British Sign Language users and 11 hearing nonsigners for pictures of faces of and verbalizable objects was measured using the game Concentration. The three groups performed at the same level for the objects. In contrast the deaf signers were better for faces than the hearing signers, who in turn were superior to the hearing nonsigners, who were the worst. Three hypotheses were made: That there would be no significant difference in terms of the number of attempts between the three groups on the verbalizable object task, that the hearing and deaf signers would demonstrate superior performance to that of the hearing nonsigners on the matching faces task, and that the hearing and deaf signers would exhibit similar performance levels on the matching faces task. The first two hypotheses were supported, but the third was not. Deaf signers were found to be superior for memory for faces to hearing signers and hearing nonsigners. Possible explanations for the findings are discussed, including the possibility that deafness and the long use of sign language have additive effects.
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Comparison of general health status in mothers of hearing and hearing-impaired children
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Movallali
2013-05-01
Full Text Available Background and Aim: The birth of a hearing-impaired child and raising him/her often brings special psychological feelings for parents, especially mothers who spend more time with the child. This study aimed to compare the general health status in mothers of hearing-impaired and hearing children. Methods: This was a descriptive-analytic study. General Health Questionnaire was used to identify general health status; and data were analyzed with independent-t test. Results: The general health level of mothers of hearing-impaired children was lower than mothers of normal hearing children (p=0.01 . The average scores of anxiety (p=0.01, depression (p= 0.01 and physical (p=0.02 symptoms and social function (p=0.01 of mothers of hearing-impaired children was higher than mothers of normal hearing ones (p=0.01. Conclusion: Having a child with hearing impairment affects mothers’ general health status. Our findings show that it’s necessary to provide psychological and social support for mothers of hearing-impaired children.
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Canadian Cases before the Judicial Committee of the Privy Council
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.
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Low empathy in deaf and hard of hearing (pre)adolescents compared to normal hearing controls.
Netten, Anouk P; Rieffe, Carolien; Theunissen, Stephanie C P M; Soede, Wim; Dirks, Evelien; Briaire, Jeroen J; Frijns, Johan H M
2015-01-01
The purpose of this study was to examine the level of empathy in deaf and hard of hearing (pre)adolescents compared to normal hearing controls and to define the influence of language and various hearing loss characteristics on the development of empathy. The study group (mean age 11.9 years) consisted of 122 deaf and hard of hearing children (52 children with cochlear implants and 70 children with conventional hearing aids) and 162 normal hearing children. The two groups were compared using self-reports, a parent-report and observation tasks to rate the children's level of empathy, their attendance to others' emotions, emotion recognition, and supportive behavior. Deaf and hard of hearing children reported lower levels of cognitive empathy and prosocial motivation than normal hearing children, regardless of their type of hearing device. The level of emotion recognition was equal in both groups. During observations, deaf and hard of hearing children showed more attention to the emotion evoking events but less supportive behavior compared to their normal hearing peers. Deaf and hard of hearing children attending mainstream education or using oral language show higher levels of cognitive empathy and prosocial motivation than deaf and hard of hearing children who use sign (supported) language or attend special education. However, they are still outperformed by normal hearing children. Deaf and hard of hearing children, especially those in special education, show lower levels of empathy than normal hearing children, which can have consequences for initiating and maintaining relationships.
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The Recent Judicial Activism in Brazil: Desaposentação From the Perspective of Discursive Games
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Mônica da Silva Cruz
2015-12-01
Full Text Available The desaposentação is a topic that for some time has raised heated debate in the Brazilian legal field. Decisions related to it constitute itself as judicial activism, in that are given by the interference of the courts in the effectiveness of this right. This article aims to analyze some discursive movements that are established in discussions on the concept of judicial activism, taking as an example the desaposentação in Brazil. It analyzes initially discursive aspects of the historical constitution of the concept of judicial activism. Then it talks about the struggles that are established around the senses built on the concept of desaposentação considering that all knowledge is made from games of speeches taken as a set of strategies that are part of social practices born in the plots history. The theoretical framework is guided in Foucault's principles speech about the concepts, wording and your order (Foucault, 1996; 2008. Methodologically assess up concepts of judicial activism, judicial and parliamentary speeches. At last, it turns out that the activist discourse in enforcing rights is permeated by strategy games, action and reaction, of domination and avoidance, as well as struggles.
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Comparative analysis of endurance of not hearing and hearing students
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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.
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[Presbycusis - Age Related Hearing Loss].
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.
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Ross, Danielle S.; Holstrum, W. June; Gaffney, Marcus; Green, Denise; Oyler, Robert F.; Gravel, Judith S.
2008-01-01
More than 90% of newborns in the United States are now being screened for hearing loss. A large fraction of cases of unilateral hearing loss and mild bilateral hearing loss are not currently identified through newborn hearing screening. This is of concern because a preponderance of research has demonstrated that unilateral hearing loss and mild bilateral hearing loss can lead to developmental delays and educational problems for some children. To help address this probable underidentification ...
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Judicial astrology in theory and practice in later medieval Europe.
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.
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Noise induced hearing loss and other hearing complaints among musicians of symphony orchestras
Jansen, E. J. M.; Helleman, H. W.; Dreschler, W. A.; de Laat, J. A. P. M.
2009-01-01
OBJECTIVES: An investigation of the hearing status of musicians of professional symphony orchestras. Main questions are: (1) Should musicians be treated as a special group with regard to hearing, noise, and noise related hearing problems (2) Do patterns of hearing damage differ for different
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O'Reilly, Frances L.; Evans, Roberta D.
2007-01-01
University and college campuses in the United States utilize disciplinary/judicial processes to help address student behavioral problems. These include administrative, majority-peer, and minority-peer processes. This descriptive research was undertaken to find which of these three discipline/judicial processes were the most effective. The…
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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.
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Kreisman, Brian M; John, Andrew B
2010-01-01
In 1975, Congress passed the Education for All Handicapped Children Act (Public Law 94-142), and it has been revised and modified several times. At the time of this writing, this law was most recently amended by the Individuals with Disabilities Education Improvement Act (Pub. L. No. 108-446, 118 Stat. 2647, December 3, 2004), which took effect on July 1, 2005. Colloquially the law is still referred to as the Individuals with Disabilities Education Act (IDEA). Children with hearing loss or auditory processing disorder (APD) may qualify for services under IDEA. However, a review of the literature found no review of case law for such children. This article provides a comprehensive review of case law involving the IDEA and children with hearing loss or APD from the U.S. Supreme Court and U.S. courts of appeals. We conducted a systematic review of case law. A LexisNexis search for cases involving IDEA and children with hearing loss or APDs was conducted. For the purpose of the present case review, all appellate decisions (cases accepted by the U.S. courts of appeals or the U.S. Supreme Court) were included if they found that the child had hearing loss or APD, regardless of the reason for the appeal under IDEA. In the instance of multiple cases that involved the same two parties, these cases are summarized together to provide the legal context. Brief explanations of IDEA and the federal judicial process as it pertains to IDEA disputes are presented. Following these explanations, a chronological review of IDEA appellate cases concerning students with hearing loss or APD is provided. The IDEA cases reviewed focus on three main issues: placement of the child, methodology of teaching, and the provision of services. This case law review provides a helpful summary of higher court cases for educational audiologists and parents of children with hearing loss or APDs, as well as educators, individualized education program team members, school administrators, and legal
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2010-07-01
... the cost of collision damage waiver (CDW) or theft insurance? 301-10.451 Section 301-10.451 Public... I be reimbursed for the cost of collision damage waiver (CDW) or theft insurance? (a) General rule—no. You will not be reimbursed for CDW or theft insurance for travel within CONUS for the following...
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14 CFR 1207.102 - Waiver of prohibition in 18 U.S.C. 208.
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...
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Low Empathy in Deaf and Hard of Hearing (Pre)Adolescents Compared to Normal Hearing Controls
Netten, Anouk P.; Rieffe, Carolien; Theunissen, Stephanie C. P. M.; Soede, Wim; Dirks, Evelien; Briaire, Jeroen J.; Frijns, Johan H. M.
2015-01-01
Objective The purpose of this study was to examine the level of empathy in deaf and hard of hearing (pre)adolescents compared to normal hearing controls and to define the influence of language and various hearing loss characteristics on the development of empathy. Methods The study group (mean age 11.9 years) consisted of 122 deaf and hard of hearing children (52 children with cochlear implants and 70 children with conventional hearing aids) and 162 normal hearing children. The two groups were compared using self-reports, a parent-report and observation tasks to rate the children’s level of empathy, their attendance to others’ emotions, emotion recognition, and supportive behavior. Results Deaf and hard of hearing children reported lower levels of cognitive empathy and prosocial motivation than normal hearing children, regardless of their type of hearing device. The level of emotion recognition was equal in both groups. During observations, deaf and hard of hearing children showed more attention to the emotion evoking events but less supportive behavior compared to their normal hearing peers. Deaf and hard of hearing children attending mainstream education or using oral language show higher levels of cognitive empathy and prosocial motivation than deaf and hard of hearing children who use sign (supported) language or attend special education. However, they are still outperformed by normal hearing children. Conclusions Deaf and hard of hearing children, especially those in special education, show lower levels of empathy than normal hearing children, which can have consequences for initiating and maintaining relationships. PMID:25906365
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17 CFR 10.106 - Reconsideration; stay pending judicial review.
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...
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76 FR 50535 - Waiver of Restriction on Assistance to Lebanon
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...
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Constitutional and administrative paradigms in judicial control over EU high and low politics
Directory of Open Access Journals (Sweden)
Cebulak Pola
2017-11-01
Full Text Available This article explores the particular tensions surrounding judicial review in EU external relations. The tensions are classified using a two-dimensional framework. Firstly, a distinction based on policy domains of high and low politics, which is derived from constitutional theory, and external to the CJEU; and secondly a distinction based on legitimizing paradigms of administrative (EU as effective global actor or constitutional (judicial review as guarantee of fundamental rights in character and determined by the Court itself. Even though one would expect a dominance of the administrative paradigm in the domain of high politics, the Court uses both the administrative and the constitutional paradigm in its external relations case-law. The decision on which of these becomes the guiding frame seems to depend more on the policy domain, and be made case by case, which suggests politically sensitive adjudication, rather than a coherent approach to legitimizing the nascent judicial review in EU external relations.