Economic Evaluation of the Juvenile Drug Court/Reclaiming Futures (JDC/RF) Model.

Science.gov (United States)

McCollister, Kathryn; Baumer, Pamela; Davis, Monica; Greene, Alison; Stevens, Sally; Dennis, Michael

2018-07-01

Juvenile drug court (JDC) programs are an increasingly popular option for rehabilitating juvenile offenders with substance problems, but research has found inconsistent evidence regarding their effectiveness and economic impact. While assessing client outcomes such as reduced substance use and delinquency is necessary to gauge program effectiveness, a more comprehensive understanding of program success and sustainability can be attained by examining program costs and economic benefits. As part of the National Cross-Site Evaluation of JDC and Reclaiming Futures (RF), an economic analysis of five JDC/RF programs was conducted from a multisystem and multiagency perspective. The study highlights the direct and indirect costs of JDC/RF and the savings generated from reduced health problems, illegal activity, and missed school days. Results include the average (per participant) cost of JDC/RF, the total economic benefits per JDC/RF participant, and the net savings of JDC/RF relative to standard JDC.

A Jury of Their Peers: A Meta-Analysis of the Effects of Teen Court on Criminal Recidivism.

Science.gov (United States)

Bouchard, Jessica; Wong, Jennifer S

2017-07-01

Juvenile delinquency has been on the decline for a number of years, yet, juvenile courts continue to assess more than 1 million cases per year. Involvement with the juvenile justice system has been linked to a number of risk factors and consequences that may impact positive youth development; however, evidence-based correctional programs that divert juvenile offenders away from formal processing are limited. Teen Court is a specialized diversion intervention that offers an alternative to traditional court processing for juvenile offenders. Despite the rapid expansion of Teen Courts, there is little comprehensive and systematic evidence available to justify this expansion. This meta-analytic study examines the effects of Teen Court on the recidivism of juvenile offenders. The literature search resulted in the selection of 14 studies, which contributed 18 unique effect sizes with a total sample of 2125 treatment group and 979 comparison group youth. The findings suggest that Teen Court is no more effective at reducing recidivism than (a) formal processing or (b) other diversion programs. Implications of formal and informal court processing for low-risk, first-time young offenders are discussed. The authors draw on the Risk-Need-Responsivity model to provide recommendations for policies and practices.

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

Science.gov (United States)

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

2011-01-01

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

Law & psychiatry: punishing juveniles who kill.

Science.gov (United States)

Appelbaum, Paul S

2012-10-01

Punishment of juvenile murderers forces policy makers to weigh the developmental immaturity of adolescents against the heinousness of their crimes. The U.S. Supreme Court has progressively limited the severity of punishments that can be imposed on juveniles, holding that their impulsivity, susceptibility to peer pressure, and more fluid character render them less culpable for their actions. Having eliminated the death penalty as a punishment, the Court recently struck down mandatory life sentences without prospect of parole. The decision is interesting for its emphasis on rehabilitation, opening the door to further restrictions on punitive sentences for juveniles-and perhaps for adults too.

A descriptive study of juvenile family violence: data from intervention order applications in a Childrens Court.

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Purcell, Rosemary; Baksheev, Gennady N; Mullen, Paul E

2014-01-01

There is increasing recognition that family violence may be perpetrated by juveniles against their parents and siblings, however empirical research regarding the nature and causes of such violence is relatively limited. This study examines juvenile family violence in the context of an Intervention Order (IO) being sought against a relative aged 18years or less. All cases over a 3-year period involving an IO application in a major metropolitan Children's Court in Australia were analysed (n=438). The majority of applicants/victims were parents (78%) and to a lesser extent siblings (11%) and other relatives (9%). Most parents who sought applications were mothers (63%) and one-parent households were over-represented (66%). The majority of defendants/perpetrators were male (69%), though juvenile females constituted a significant minority (31%). Intervention orders were sought to prohibit property damage (61%), physical assaults (59%) and/or threats (53%). According to the victim reports, these behaviours emerged in the context of prolonged behavioural problems (49%), a desire to intimidate the victim (12%) or retaliation (8%). While 44% of IO applications were granted, the majority were not (56%) due to the victim discontinuing the application prior to a formal hearing. Of the orders that were granted, a third (32%) were subsequently reported as having been breached. Juvenile family violence is a serious social problem that requires more systematic research to identify the correlates of this behaviour and effective interventions to prevent or reduce its occurrence. Copyright © 2014. Published by Elsevier Ltd.

Mental health court outcomes: a comparison of re-arrest and re-arrest severity between mental health court and traditional court participants.

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Moore, Marlee E; Hiday, Virginia Aldigé

2006-12-01

Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.

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

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Fabian, John Matthew

2011-08-01

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

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

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

2017-08-01

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

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

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Singer, Simon I.

2011-01-01

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

A critical examination of "being Black" in the juvenile justice system.

Science.gov (United States)

Peck, Jennifer H; Jennings, Wesley G

2016-06-01

The current study examined the role of race in juvenile court outcomes across 3 decision-making stages. This analysis was conducted with a random sample of all delinquent referrals in a Northeast state from January 2000 through December 2010 (N = 68,188). In addition to traditional logistic regression analysis, a propensity score matching (PSM) approach was utilized to create comparable samples of Black and White youth and provide a more rigorous methodological test of the relationship between race and juvenile court processing. Results indicated that even after the use of PSM techniques, race was still found to influence the likelihood of intake (OR = 1.54; 95% C.I. = 1.48-1.62, p social control. They also reaffirm the noticeable role that selection bias can play in the research surrounding race differences in juvenile court outcomes, and highlight the importance of utilizing a more stringent statistical model to control for selection bias. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

Juvenile Court Commitment Rates: The National Picture.

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Sosin, Michael

There is less geographic variation in the commitment rate of juvenile offenders than is commonly assumed. Apparently, judges across the country develop a similar standard of what percentage of youths they face should be committed. This standard may be similar across the country because it represents broadly shared ideals. However, there is much…

Twenty Years of Constitutional Court Judgments: What Lessons are ...

African Journals Online (AJOL)

MJM Venter

2017-12-05

Dec 5, 2017 ... about sentencing from its judgments during this time?2. 2 Overview of ... In short succession the Court declared unconstitutional the death penalty, in S v. Makwanyane,3 and corporal punishment for juvenile offenders, in S v.

The reality of teenage driving: the results of a driving educational experience for teens in the juvenile court system.

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Manno, Mariann; Maranda, Louise; Rook, Allison; Hirschfeld, Ryan; Hirsh, Michael

2012-10-01

In the United States, one third of all deaths in teens are a result of motor vehicle crashes, accounting for 6,000 deaths annually. Injury Free Coalition for Kids-Worcester in collaboration with Worcester Juvenile Court has developed an interactive program for first-time teenaged driving offenders, Reality Intensive Driver Education (Teen RIDE). This full-day program at the trauma center provides a realistic exposure to the consequences of risky driving behaviors. This article examined the driving offense recidivism rates for Teen RIDE participants versus a comparison group (CG). The intervention group (IG) consists of teenagers between 13 years and 17 years who have been arrested for the first time for a serious driving offense and are sentenced by a Worcester Juvenile Court Judge or Magistrate to the Teen RIDE program. They are required to attend the program as a condition of probation, so attendance is mandatory. Each participant in the IG completed the program and was tracked for driving reoffenses for 6 months after completion of the course. The CG consists of also first-time driving offenders. The CG was matched with the IG with respect to age (13-17 years), sex, and offense type. Springfield, Massachusetts, serves as the site for recruitment of the CG, since it is demographically similar to Worcester but 60 mi away. Students in the CG had no exposure to this program. Each CG member was also tracked for 6 months after arrest. The recidivism rate for Teen RIDE participants 6 months after the course is 6% with 0% reoffending more than once. The CG has a recidivism rate of 56% 6 months after the arrest and 14% have more than one reoffense. The CG is 13.062 (4.296-39.713) times more likely to reoffend, and this is significant (p Teen RIDE program provides an impactful exposure of the consequences of risky driving behaviors to teenaged participants. In addition, Teen RIDE participants are significantly less likely to reoffend after completion of the course

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

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

2015-11-01

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

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

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Jordan, Kareem L.; Myers, David L.

2011-01-01

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

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

Science.gov (United States)

Ward, Geoff; Kupchik, Aaron

2010-01-01

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

THE CURRENT STATE OF LEGAL INSTITUTIONS PROTECTING THE RIGHTS OF JUVENILES IN RUSSIA

OpenAIRE

Yulia Hafizovna DAVYDOVA

2015-01-01

The article highlights the current state of the legislation on protection of the rights of under-aged. Much attention is paid to the formation of the juvenile justice system in the Russian Federation. We present problems related to law infringements by teenagers in various fields and their solutions, highlight the work and the development of juvenile courts in Russia, sum up the results of the implementation of juvenile technologies and their significance, gives the definition of the term «co...

In San Diego County, Court Schools Educate Teens When No One Else Can.

Science.gov (United States)

Rosander, Gerald A.

1987-01-01

Discussion of Juvenile Court Schools in San Diego County focuses on institutional schools that provide academic instruction in an incarceration setting and community schools that bridge institutional and public schools and provide education, vocational and career guidance, familiarization with community organizations, and increased self-esteem…

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

Science.gov (United States)

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

2016-01-01

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

Corporal and capital punishment of juveniles.

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Frazier, H C

1990-01-01

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

Group sex offending by juveniles: coercive sex as a group activity

NARCIS (Netherlands)

Bijleveld, C.C.J.H.; Weerman, F.; Looije, D.; Hendriks, J.

2007-01-01

We study sex offences carried out by groups of juveniles, focusing on offender characteristics and the interaction patterns within offender groups and between offenders and victims. Using reconstructions of offences from court files as well as information retrieved from personality screenings, we

Juvenile Delinquency Probation Caseload, 1985-2002. OJJDP Fact Sheet #04

Science.gov (United States)

Livsey, Sarah

2006-01-01

This fact sheet presents statistics on delinquency cases resulting in probation, 2002. Probation was the disposition in 38 percent of all delinquency cases processed by the juvenile courts in 2002. The number of cases placed on probation increased 44 percent between 1985 and 2002. Property offense cases made up the greatest proportion of the…

Decreased juvenile arson and firesetting recidivism after implementation of a multidisciplinary prevention program.

Science.gov (United States)

Franklin, Glen A; Pucci, Pamela S; Arbabi, Saman; Brandt, Mary-Margaret; Wahl, Wendy L; Taheri, Paul A

2002-08-01

In 1999, we developed the multidisciplinary Trauma Burn Outreach Prevention Program (TBOPP), which focuses on the medical and societal consequences of firesetting behavior. The basis for this program development was a 17% increase in pediatric burn admissions. The purpose of this study was to determine the value of this trauma burn center prevention program from a financial, clinical, and recidivism perspective. Juveniles (ages 4-17 years) were enrolled into our 1-day program on the basis of referrals from the county court system, fire departments, schools, and parents. The program's interactive content focuses on the medical, financial, legal, and societal impact of firesetting behavior, with emphasis on individual accountability and responsibility. The court system and fire departments tracked all episodes of firesetting behavior within their respective communities. Arson is defined as behavior with the intent to produce damage, whereas firesetting is defined as having no ill intent. The recidivism rate was determined using fire department and court follow-up records. Follow-up was from 8 months to 2.5 years. A random control group that did not receive TBOPP education (noTBOPP group) with identical entry criteria was used for comparison. Institutional review board approval was obtained. There were 132 juveniles in the TBOPP group (66 arsonists and 66 firesetters) and 102 juveniles in the noTBOPP group (33 arsonists and 66 firesetters). Fifty-nine TBOPP participants had a medical history of behavioral disorders. Property damage for arson averaged $4,040, with additional court costs of $1,135 per incident. Family environment was an independent predictor for risk of repeat offense. The odds ratio for risk of repeat offense in foster care was 17.9 (p < 0.05) as compared with two-parent homes. The recidivism rate was 1 of 32 (<1%) for the TBOPP group and 37 of 102 (36%) for the noTBOPP group (adjusted odds ratio, 0.02; p < 0.001). When compared with the noTBOPP group

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

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

2004-01-01

The U.S. Supreme Court recently re-examined the constitutionality of the death penalty in the context of two of three special offender populations of murderers (juveniles, mentally retarded, and mentally incompetent). The Court reaffirmed the imposition of the death penalty for juveniles 16 and 17, while reversing itself on the mentally retarded. In reaching its decision, the Court relied on society's "evolving standards of decency." Using Likert-type items, this study is the first to have prospective jurors assess support for the death penalty for these specific offender groups. The public's support for the execution of each of the groups is then compared with existing case law. Descriptive statistics and regression analyses indicate that, as expected, the levels of support for the applicability of capital punishment to the various special offender populations are much lower than that for the general adult offender. Moreover, these findings are congruent with the holdings of the Court with one notable exception: a slight majority of respondents supported executing the mentally incompetent. Reasons for the public's apparent departure from the Supreme Court holding prohibiting the execution of mentally incompetent convicted murderers are discussed. The Court's continued role in protecting marginalized populations from "cruel and unusual punishment" is explored in the context of strong public sentiment demanding justice and finality despite changes in offenders' mental capacity. Copyright 2003 John Wiley & Sons, Ltd.

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

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Keren Cuervo Gómez

2017-05-01

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

Who gets a second chance? An investigation of Ohio's blended juvenile sentence.

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Cheesman, Fred L; Waters, Nicole L; Hurst, Hunter

2010-01-01

Factors differentiating blended sentencing cases (Serious Youthful Offenders or SYOs) from conventional juvenile cases and cases transferred to the adult criminal court in Ohio were investigated using a two-stage probit. Conventional juvenile cases differed from cases selected for non-conventional processing (i.e., SYO or transfer) according to offense seriousness, number of prior Ohio Department of Youth Services placements, age and gender. Controlling for probability of selection for nonconventional processing, transfers differed from SYOs according to age, gender, and race. Minorities were significantly more likely than Whites to be transfers rather than SYOs, suggesting possible bias in the decision-making process. Objective risk and needs assessments should be used to identify the most suitable candidates for blended sentences and adult transfer and enhanced services should be provided to juvenile offenders given blended sentences.

Results of domestic migration on juvenile delinquency in Adana, Turkey.

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Firat, Sunay; Iltas, Yigit; Gulmen, Mete K

2017-07-01

The aim of this study is to determine the effect of migration on children in the juvenile justice system. The study takes into account whether these children arrived in the city via migration or not, the types of crimes against property and persons committed by the children brought before the Juvenile Courts, and the types, frequency, and durations of punishments and precautionary decisions they received. In addition, the study examines the children's ability to realize the meaning and consequences of their crimes and to lead their future behaviors effectively. Data gathered from children between 3 and 18 years of age who appeared before the 1, 2, and 3 numbered Juvenile Courts of Adana Courthouse after January 2004 on charges of committing a crime, and/or children who were sent to or who applied to the Provincial Directorate for National Education based on the decision of the Court has been evaluated retrospectively. Six hundred and eighty children were studied. Of these, 602 (88.5%) were male and 78 (11.5) were female. The average age of the child at the time of the commitment of the crime was 13 years and 8 months ± 2.18 years. It has been observed that there are statistically meaningful differences for children involved in delinquency between cases whether they come via migration or regardless of migration and types of crimes committed (p = 0.004). When cities faced with migration from other places and types of crime committed by children are compared, it has been observed that there are meaningful differences between the types of crimes committed by non-migrant versus migrant children (p = 0.012). It is important to state the reasons for delinquency and to obtain data to prevent future delinquency and to put forward regional and local recommendations within the scope of the data. Copyright © 2017 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

Exploring mental health and substance use treatment needs of commercially sexually exploited youth participating in a specialty juvenile court.

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Cook, Mekeila C; Barnert, Elizabeth; Ijadi-Maghsoodi, Roya; Ports, Kayleen; Bath, Eraka

2018-03-20

The study sought to: 1) describe the mental health and substance use profiles among participants of a specialty trafficking court program (the Succeed Though Achievement and Resilience Court); 2) describe youths' mental health and substance use treatment prior to participating in the program; and 3) examine whether abuse influences report of mental health problems and/or substance use. Retrospective case review of court files was performed on commercially sexually exploited youth who volunteered to participate in the court from 2012 to 2014 (N = 184). All participants were female. Mental health problems and report of substance use was high among this population. Substance use differed at statistically significant levels between youth with a documented abuse history compared to those with no abuse history. Substance use also differed by report of mental health problems. Unexpected findings included the high rate of hospitalization for mental health problems and relatively low substance use treatment prior to STAR Court participation. Opportunities for improvement in critical points of contact to identify commercially sexually exploited youth and address their health needs are discussed.

Restorative Justice at Work: Examining the Impact of Restorative Justice Resolutions on Juvenile Recidivism

Science.gov (United States)

Rodriguez, Nancy

2007-01-01

Programs with restorative justice ideals attempt to incorporate victims and community members into the administration of justice. Although these programs have become increasingly popular, only a few programs in the United States have been the focus of prior studies. Using official juvenile court data from an urban, metropolitan area, this study…

Domestic Violence Courts: A Multisite Test of Whether and How They Change Offender Outcomes.

Science.gov (United States)

Cissner, Amanda B; Labriola, Melissa; Rempel, Michael

2015-09-01

Findings are from an investigation of 24 criminal domestic violence courts (DVCs) across New York, testing their effect on recidivism, case processing, and case resolutions. Overall, we found a small positive impact on recidivism among convicted offenders. We further found that the sex of defendants moderated the court impact on case resolutions; that is, among male defendants only, DVCs increased conviction rates and sentences involving jail or prison. In addition, multi-level, multivariate analyses found that court policies specifically designed to increase victim safety, hold offenders accountable, and reduce offender recidivism (through deterrence or rehabilitation) were instrumental in reducing recidivism. © The Author(s) 2015.

The effectiveness of reintegrative shaming and restorative justice conferences: focusing on juvenile offenders' perceptions in Australian reintegrative shaming experiments.

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Kim, Hee Joo; Gerber, Jurg

2012-10-01

This article examines the effectiveness of diversionary restorative justice (RJ) conferences through the eyes of juvenile offenders. In Australia, Reintegrative Shaming Experiments (RISE) are based on Braithwaite's theory of reintegrative shaming. Previous studies, although showing that RISE reported high levels of victim satisfaction and positive changes in the attitudes of offenders, also demonstrated that it has different outcomes for juvenile offenders depending on the type of offense with which they were charged. However, the effectiveness of RISE in terms of the offenders' perceptions has not been addressed, and the impact of the offenders' perceptions about RISE still remains under investigation. Using Australian data from RISE between 1995 and 1999, this article examines juvenile offenders' perceptions on preventing reoffending, repaying the victim and society, and the degree of repentance. The data were taken from interviews with juvenile offenders to measure their perceptions after the court or RISE processing. A comparison of standard court processing effects and RISE on juvenile offending, including property crime, shoplifting, and violent offenses, was undertaken. The results from this study were somewhat inconsistent with previous research. In this study, there was no significant relationship between RJ conference and the offenders' own perceptions on the prevention of future offending. However, it was found that there were treatment effects on repaying the victim, repaying society, and the degree of feeling repentance, and that younger offenders wanted to repay the victim/society and feel repentance.

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

Science.gov (United States)

2010-01-01

... the Act. The petition must be filed on Form I-360, Petition for Amerasian, Widow(er) or Special... immigrant juvenile status. The person filing the petition is not required to be a citizen or lawful... whom a petition for classification as a special immigrant juvenile is filed on Form I-360 before June 1...

USA SUPREME COURT OF JUSTICE AND EUROPEAN COURT OF JUSTICE (COMPARISON

Directory of Open Access Journals (Sweden)

Ovidiu-Horia Maican

2017-12-01

Full Text Available The US Supreme Court and the European Court of Justice are coordinating constitutional review. Although the European Union does not have a constitution, the European Court often engages in what functionally amounts to constitutional review, particularly in relation to the quasi-federal structure of the EU. Both courts have engaged in the constitutionalization of politics and seem in risk of politicizing the constitution. The threats to their respective powers and legitimacy are different. The US Supreme Court is vulnerable to internal forces (the President, Congress, national public opinion whereas the European Court is vulnerable to external forces (the member states and, in particular, theirs constitutional courts.

Diverting victims of commercial sexual exploitation from juvenile detention: development of the InterCSECt screening protocol.

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Salisbury, Emily J; Dabney, Jonathan D; Russell, Kelli

2015-04-01

Identifying victims of commercial sexual exploitation in the juvenile justice system is a challenging complexity requiring concerted organizational commitment. Using a three-tiered, trauma-informed screening process, a 3½-month pilot intervention was implemented in Clark County Juvenile Court (Washington) to identify victims in an effort to connect them to community youth advocates and sexual assault resources. A total of 535 boys and girls ages 9 to 19 were screened during intake; 47 of these youth reported risk factors associated with commercial sexual exploitation of children (CSEC) and were subsequently referred to community advocates. Six youth (all girls) were confirmed CSEC victims and were successfully diverted from juvenile detention. Study results suggest that despite the lack of reliable data surrounding the prevalence of CSEC, juvenile justice agencies need to become educated on the risk factors to triage victims to services. © The Author(s) 2014.

Statistical indicators and trends in juvenile delinquency in modern Russia

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Yuzikhanova E.G.

2014-12-01

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

Entertainment and music magazine reading and binge drinking among a group of juvenile offenders.

Science.gov (United States)

Thomsen, Steven R; Rekve, Dag

2006-01-01

This study examines the relative contribution of exposure to entertainment and music magazines on binge drinking among a group of teenagers under the supervision of a juvenile court system in a medium-sized western United States community. Despite having a large proportion of adolescent readers, entertainment and music magazines typically include a substantial number of advertisements for alcoholic beverages in each issue. Data were collected via a self-report questionnaire administered to 342 juvenile offenders (ages 12-18 years). Three-quarters of our respondents reported they have used alcohol and about 37% indicated they were binge drinkers. As anticipated, binge drinkers were more frequent readers of entertainment and music magazines than non-binge drinkers. Binge drinkers also estimated that larger portions of their classmates used alcohol and would be more accepting of regular drinking than non-binge drinkers. Results of a multivariate logistic regression analysis to predict whether our subjects typically consumed five or more drinks during a drinking episode indicated that perceived ease of access, age, gender, the number of best friends who drink, parental drinking (inversely), and entertainment and music magazine reading frequency were significant predictors of binge drinking. We conclude that the predictive influence entertainment and music magazine reading frequency may actually reflect a selectivity bias among a segment of the youth sub-culture already inclined toward alcohol use and abuse. We recommend that entertainment and music magazine reading should be considered only within the constellation of other risk factors when assessing risk for potential alcohol abuse.

"Scared Straight" and other juvenile awareness programs for preventing juvenile delinquency.

Science.gov (United States)

Petrosino, A; Turpin-Petrosino, C; Buehler, J

2002-01-01

'Scared Straight' and other programmes involve organised visits to prison by juvenile delinquents or children at risk for criminal behavior. programmes are designed to deter participants from future offending through first-hand observation of prison life and interaction with adult inmates. These programmes remain in use world-wide despite studies and reviews questioning their effectiveness. To assess the effects of programmes comprising organised visits to prisons by juvenile delinquents (officially adjudicated or convicted by a juvenile court) or pre-delinquents (children in trouble but not officially adjudicated as delinquents), aimed at deterring them from criminal activity. Handsearching by the first author in identifying randomised field trials 1945-1993 relevant to criminology was augmented by structured searches of 16 electronic data bases, including the Campbell SPECTR database of trials and the Cochrane CCTR. Experts in the field were consulted and relevant citations were followed up. Studies that tested the effects of any program involving the organised visits of juvenile delinquents or children at-risk for delinquency to penal institutions were included. Studies that included overlapping samples of juvenile and young adults (e.g. ages 14-20) were included. We only considered studies that randomly or quasi-randomly (i.e. alternation) assigned participants to conditions. Each study had to have a no-treatment control condition with at least one outcome measure of "post-visit" criminal behavior. We report narratively on the nine eligible trials. We conducted one meta-analysis of post-intervention offending rates using official data. Information from other sources (e.g. self-report) was either missing from some studies or critical information was omitted (e.g. standard deviations). We examined the immediate post-treatment effects (i.e. "first-effects") by computing Odds Ratios (OR) for data on proportions of each group re-offending, and assumed both fixed and

THE POSITION OF JUVENILES IN THE NEW CRIMINAL LAW OF THE REPUBLIC OF SERBIA

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Dragan Jovašević

2008-01-01

Full Text Available The new juvenile (substantive, procedural and executive criminal law came into force at the beginning of 2006 in the Republic of Serbia.. In this way, by concluding its reform of criminal law, the Republic of Serbia followed the trends of modern criminal policies of other developed European countries (France, Germany, and Croatia. Therefore, in that special, specifi c way, it determined the criminal legal status of juveniles. That specifi city is refl ected in various directions : 1 Lex specialis was brought in – a special Act on juvenile perpetrators of criminal acts and the criminal legal protection of juveniles when juveniles in their criminal legal position are completely separate from the status of adults as perpetrators of criminal acts, 2 the special authority of district courts is determined for taking action in criminal cases of juvenile perpetrators of criminal acts, 3 compulsory specialisation is provided for persons in the criminal judiciary taking part in criminal proceedings for juvenile perpetrators of criminal acts ( with previous training and issuing of licences ‘certifi cates’ and 4 besides criminal sanctions, the law has provided for juvenile perpetrators of criminal acts the possibility of sentencing specifi c measures sui generis – educational orders ( directions or recommendations – as means of restorative justice by which the commencement or carrying out of legal action is avoided. This paper precisely deals with this new criminal legal position of juvenile perpetrators of criminal acts and with the new institutions of restorative justice from theoretical, practical and comparative legal aspects.

Importance of court practice review in Russian arbitration (commercial) court proceedings

OpenAIRE

Solovyev, A.

2013-01-01

The article concerns the matters of court practice review in terms of participation in arbitration (commercial) court proceedings. The author gives general description of the system of the arbitration courts administering business and economic justice in the Russian Federation, covered the key areas and worked out the practical recommendations concerning the focal points of arranging the appropriate work in respect of review of law enforcement practice of such courts.

Power, Process, and Protection: Juveniles as Defendants in the Justice System.

Science.gov (United States)

Woolard, Jennifer L; Henning, Kristin; Fountain, Erika

The juvenile court was created in 1899 in part to remedy the unfairness of trying youth in the adult criminal justice system, but its success at rectifying those problems is unclear. One concern is that the vast majority of youth who are adjudicated delinquent are adjudicated after waiving their right to trial and entering a guilty plea. Fairness and equity in the plea bargaining process are premised on the assumption that youth have the capacity to understand and elect between available options and will be given a meaningful opportunity to choose without coercion and deception. In legal terms, the Constitution will only sanction a plea when the defendant makes a knowing, voluntary, and intelligent waiver of her right to trial. In this chapter, we briefly describe the juvenile court process and explain the circumstances of a plea bargain, which constitutes both a waiver of Constitutional rights and an agreement to certain conditions. Then we evaluate the research and practice knowledge regarding the legal components of a valid waiver-that it must be knowing and voluntary. We consider how information, capacity, and circumstance contribute to a knowing waiver. Then we examine how procedural justice, paternalism, and coercion may affect a voluntary waiver. Throughout, we consider whether the people, policies, and practices meant to assess and safeguard that waiver decision fulfill their intended purpose. © 2016 Elsevier Inc. All rights reserved.

THE DIALOGUE BETWEEN ADMINISTRATIVE COURT AND COURT OF JUSTICE OF THE EUROPEAN UNION

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Bosilja Britvić Vetma

2014-01-01

Full Text Available This paper discusses the dialogue judges between administrative court and Court of Justice of the European Union, and determines the most important elements of this cooperation. Special attention was given preliminary ruling procedure and position of Croatian administrative courts in it. In the following paper, the relationship between tha national administrative courts, the Courts of Justice of the European Union and the European Court of Human Rights after the Treaty of Lisbon. This paper also discusses the solutions adopted in other countries, special attention was paid to the influence of French administrative law on cooperation (dialogue between the courts due to a strong influence on the development of that cooperation.

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

Science.gov (United States)

Cappon, Leen

2016-01-01

Previous research on juvenile judges' decision-making process has neglected the role of the different actors involved in judicial procedures. The decision can be considered as a result of information exchange between the different actors involved. The process of making a decision is equally important as the decision itself, especially when the decision considers minors with mental disorders. The presence and the type of interaction determine the information available to the juvenile judges to make their final decision. The overall aim of this study is to gain insight into the role of all actors, including the juvenile judge, in the juvenile judge's decision-making process in cases relating to minors with mental disorders. Semi-structured interviews were carried out with professional actors (n=32), minors (n=31) and parents (n=17). The findings indicated that the judge's decision is overall the result of an interaction between the juvenile judge, the social services investigator and the youth psychiatrist. The other professional actors, the minors and the parents had only a limited role in the decision-making process. The research concludes that the judge's decision-making process should be based on dialogue, and requires enhanced collaboration between the juvenile court and youth psychiatrists from mental health services. Future decision-making research should pay more attention to the interactions of the actors that guide a juvenile judge's decision. Copyright © 2016 Elsevier Ltd. All rights reserved.

Justice policy reform for high-risk juveniles: using science to achieve large-scale crime reduction.

Science.gov (United States)

Skeem, Jennifer L; Scott, Elizabeth; Mulvey, Edward P

2014-01-01

After a distinctly punitive era, a period of remarkable reform in juvenile crime regulation has begun. Practical urgency has fueled interest in both crime reduction and research on the prediction and malleability of criminal behavior. In this rapidly changing context, high-risk juveniles--the small proportion of the population where crime becomes concentrated--present a conundrum. Research indicates that these are precisely the individuals to treat intensively to maximize crime reduction, but there are both real and imagined barriers to doing so. Mitigation principles (during early adolescence, ages 10-13) and institutional placement or criminal court processing (during mid-late adolescence, ages 14-18) can prevent these juveniles from receiving interventions that would best protect public safety. In this review, we synthesize relevant research to help resolve this challenge in a manner that is consistent with the law's core principles. In our view, early adolescence offers unique opportunities for risk reduction that could (with modifications) be realized in the juvenile justice system in cooperation with other social institutions.

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

Science.gov (United States)

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

2009-01-01

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

COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

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Ioana Nely Militaru

2015-11-01

Full Text Available Court of Justice of the European Union (CJEU performs according to its competence, the position of International Justice in solving disputes between two or more subjects of international law. International jurisdiction of the Court of Justice of the EU is - mandatory that each Member State has the opportunity to seize this court if it considers that another state violated an obligation incumbent upon it under Union Treaties; - optional in disputes between Member States in connection with the subject Union Treaties.

ESTIMATING A DOSE-RESPONSE RELATIONSHIP BETWEEN LENGTH OF STAY AND FUTURE RECIDIVISM IN SERIOUS JUVENILE OFFENDERS*

Science.gov (United States)

Loughran, Thomas A.; Mulvey, Edward P.; Schubert, Carol A.; Fagan, Jeffrey; Piquero, Alex R.; Losoya, Sandra H.

2009-01-01

The effect of sanctions on subsequent criminal activity is of central theoretical importance in criminology. A key question for juvenile justice policy is the degree to which serious juvenile offenders respond to sanctions and/or treatment administered by the juvenile court. The policy question germane to this debate is finding the level of confinement within the juvenile justice system that maximizes the public safety and therapeutic benefits of institutional confinement. Unfortunately, research on this issue has been limited with regard to serious juvenile offenders. We use longitudinal data from a large sample of serious juvenile offenders from two large cities to 1) estimate a causal treatment effect of institutional placement, as opposed to probation, on future rate of rearrest and 2) investigate the existence of a marginal effect (i.e., benefit) for longer length of stay once the institutional placement decision had been made. We accomplish the latter by determining a dose-response relationship between the length of stay and future rates of rearrest and self-reported offending. The results suggest that an overall null effect of placement exists on future rates of rearrest or self-reported offending for serious juvenile offenders. We also find that, for the group placed out of the community, it is apparent that little or no marginal benefit exists for longer lengths of stay. Theoretical, empirical, and policy issues are outlined. PMID:20052309

Alternatives to criminal procedure against juvenile and young adult offenders and alternative to criminal procedure in the cases of domestic violence

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Cvjetko Božica

2006-01-01

Full Text Available In the paper, the author is analyzing the Act on juvenile courts of the Republic of Croatia, which foresees a broad possibility of implementing the principle of opportunity in the pre-trial, i.e. reinvestigation phase of the procedure in terms of the decision of the public prosecutor about the criminal charge against these persons, including the implementation of particular obligations as informal sanctions. Particular attention is paid to the special obligation called off-court agreement. The aim of the off-court agreement is “reconciliation between the juvenile or young adult offender and the victim of the crime, and establishment of the social peace”. Similar project and the implementation of the principle of opportunity is used in the cases of the criminal offence of domestic violence. The main aim of these obligations is to offer professional assistance to the families which are in crisis and have difficulties related to the violent behavior of one family member - mostly the father. Such an approach is more efficient than the long lasting criminal procedure, testifying and strengthening the crisis in the family. This paper gives also an insight into the legal provisions concerning this measure and its implementation in practice.

Federal Constitutional Court - report on Court decisions 1984 no. 40-56

International Nuclear Information System (INIS)

Berkemann, J.

1985-01-01

The decision deals with the question to which extent administrative courts have to examine the case in summary proceedings against licences pursuant to Atomic Energy Law. The Federal Constitutional Court examines the question if the administrative court has, in checking the chances, misjudged the importance of the appellant's fundamental rights and thus infringed his constitutionally protected position. In this case, the Court comes to the result that after having adjusted the determined interests, the confirmation of immediate execution did not infringe the fundamental rights of the appellant. (HP) [de

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

Science.gov (United States)

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

2012-01-01

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

The protection of juveniles under Cameroon criminal law and procedures through the lens of international standards

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Thomas Ojong

2017-10-01

Full Text Available While the legislative framework on the adminitration of juvenile justice in Cameroon may currently be adequate and in compliance with the international conventions ratified by the State, the implementation of the national law should be the primary mechanism through which human rights are realized. Cameroon is usually said to be a State with good laws but poor implementation. With recourse to the normative and empirical methods, this article explores the provisions on the protection of juveniles in Cameroon criminal law and procedures through the lens of internationally recognized principles. It looks at the provisions as they are interpreted and applied by the Courts. The prospect being to invite the Government and all the stakeholders to embark on establishing the structures provided for and ensure effectiveness in the enforcement of juvenile justice in the country so as to overcome the current weaknesses that the system is experiencing.

Children with Disabilities in Poor Households: Association with Juvenile and Adult Offending.

Science.gov (United States)

Oshima, Karen M Matta; Huang, Jin; Jonson-Reid, Melissa; Drake, Brett

2010-06-01

Disabled youths are arrested, adjudicated, and recidivate at higher rates than their nondisabled peers. Although multiple theories have been offered to explain the relationship between disability and delinquency, the empirical evidence is limited and contradictory. Little is known about how disability may be associated with offending once poverty and family risks like maltreatment are controlled for. Using administrative data from a Midwest state, this article discusses results from a Cox regression of juvenile and young adult offending outcomes for low income disabled compared with nondisabled youths (N = 1,568). Youths with disabilities had higher rates of juvenile court petitions than similarly low-income peers. In models of adult offending, there was no relationship between disability status and adult arrest, but youths who had received educational services for emotional disturbance or other categories of health impairment had higher risk of entering adult corrections.

Multidimensional Treatment Foster Care for Girls in the Juvenile Justice System: 2-Year Follow-Up of a Randomized Clinical Trial

Science.gov (United States)

Chamberlain, Patricia; Leve, Leslie D.; DeGarmo, David S.

2007-01-01

This study is a 2-year follow-up of girls with serious and chronic delinquency who were enrolled in a randomized clinical trial conducted from 1997 to 2002 comparing multidimensional treatment foster care (MTFC) and group care (N = 81). Girls were referred by juvenile court judges and had an average of over 11 criminal referrals when they entered…

SPECIALIZED COURTS OF THE EUROPEAN UNION

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Ioana Nely Militaru

2013-11-01

Full Text Available Treaty of Lisbon entered into force on 1 December 2009, improved functioning judicial system European Union ( EU. Court of Justice of the EU has been reformed, said Treaty changing the EU courts so very name : Court of Justice of the EU, the Court referred to above, the Court of First Instance, and specialized courts, known previously, judicial panels. The paper shows the first part of his creation, composition and competence of the specialized courts, and as a manifestation of them in the second part examines the Civil Service Tribunal, the same point of view. EU specialized courts may be set up in specific areas, specializing in some technical disputes. These specialized courts have jurisdiction to hear and decide the cases in the first instance with the possibility that their decision subject to appeal to the General Court . In this context, to resolve disputes between the Union and its officials was established Tribunal.

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

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S Tabe

2012-03-01

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

Does Europe need two Courts of Human Rights? On the Relationship between the Strasbourg and Luxembourg Courts

DEFF Research Database (Denmark)

Rytter, Jens Elo

2003-01-01

Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice......Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice...

A Research Framework for Understanding the Practical Impact of Family Involvement in the Juvenile Justice System: The Juvenile Justice Family Involvement Model.

Science.gov (United States)

Walker, Sarah Cusworth; Bishop, Asia S; Pullmann, Michael D; Bauer, Grace

2015-12-01

Family involvement is recognized as a critical element of service planning for children's mental health, welfare and education. For the juvenile justice system, however, parents' roles in this system are complex due to youths' legal rights, public safety, a process which can legally position parents as plaintiffs, and a historical legacy of blaming parents for youth indiscretions. Three recent national surveys of juvenile justice-involved parents reveal that the current paradigm elicits feelings of stress, shame and distrust among parents and is likely leading to worse outcomes for youth, families and communities. While research on the impact of family involvement in the justice system is starting to emerge, the field currently has no organizing framework to guide a research agenda, interpret outcomes or translate findings for practitioners. We propose a research framework for family involvement that is informed by a comprehensive review and content analysis of current, published arguments for family involvement in juvenile justice along with a synthesis of family involvement efforts in other child-serving systems. In this model, family involvement is presented as an ascending, ordinal concept beginning with (1) exclusion, and moving toward climates characterized by (2) information-giving, (3) information-eliciting and (4) full, decision-making partnerships. Specific examples of how courts and facilities might align with these levels are described. Further, the model makes predictions for how involvement will impact outcomes at multiple levels with applications for other child-serving systems.

Factors Affecting Self-Esteem Among Juveniles from Youth Educational Centers

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Karol Konaszewski

2017-07-01

Full Text Available The article is an analysis of the results of the studies conducted among juveniles (boys and girls in the case of whom the family court applied the educational means of placing them in the Youth Educational Centre. The aim of the study was to find out the correlations between self-esteem, personality traits and the environmental determinants (support factors and risk factors among juveniles (boys and girls. The total of 481 juveniles staying in Youth Educational Centers participated in the study. Applied research tools: The Rosenberg Self Esteem Scale (SES, in the Polish adaptation by I. Dzwonkowska, M. Łaguna and K. Lachowicz-Tabaczek, NEO-FFI by P.T. Costa and R.R. McCrae was used to diagnose personality traits included in a popular five-factor model (it has been adapted into Polish by B. Zawadzki, J. Strelau, P. Szczepaniak, and M. Śliwińska and a questionnaire concerning support factors and risk factors was constructed to measure environmental determinants. The analysis model showed that the significant predictors of self-esteem were neuroticism, extraversion, conscientiousness and negative relations at school. In girls group the significant predictors of self-esteem were neuroticism, conscientiousness, family support and negative relations at school, while in boys group the significant predictors of self-esteem were neuroticism, extraversion and negative relations at family.

Influence of history of head trauma and epilepsy on delinquents in a juvenile classification home.

Science.gov (United States)

Miura, Hideki; Fujiki, Masumi; Shibata, Arihiro; Ishikawa, Kenji

2005-12-01

Juvenile delinquents often show poor impulse control and cognitive abnormalities, which may be related to disturbances in brain development due to head trauma and/or epilepsy. The aim of the present study was to examine the influence of head trauma and/or epilepsy on delinquent behavior. We examined 1,336 juvenile delinquents (1,151 males and 185 females) who had been admitted to the Nagoya Juvenile Classification Home, Aichi, Japan. Among them, 52 subjects with a history of epilepsy, convulsion or loss of consciousness, head injury requiring neurological assessment and/or treatment, or neurosurgical operation (head trauma/epilepsy group), were examined by electroencephalography and compared to subjects without these histories (control group) with respect to types of crime, history of amphetamine use, psychiatric treatment, child abuse, and family history. Among the 52 subjects, 43 (82.7%) showed abnormal findings. The head trauma/epilepsy group had significantly higher rates of psychiatric treatment (Phistory of drug abuse (Pdelinquents who had a history of head trauma and/or epilepsy showed a high prevalence of electroencephalograph abnormality, and higher rates of psychiatric treatment and family history of drug abuse, and were more likely to be sent to juvenile training school by the family court.

Educational orders as a diversionary treatment model and their use in the practice of the Higher Public Prosecutor's Office and the High Court in Novi Sad

Directory of Open Access Journals (Sweden)

Bugarski Tatjana D.

2015-01-01

Full Text Available Juvenile crime is constantly attracting the attention of the general and professional public and in some way is an indicator of the success or failure of all measures by which a society takes care of the young. As a particularly vulnerable category, juveniles are the focus of special attention in each society which constantly invents always new and more efficient ways of solving criminal matters which will cause a minimum damage to a juvenile offender, and achieve the purpose that is reflected in the strengthening of its personal responsibility for its actions. In this sense, a special place occupies the application of educational orders that can achieve its purpose only if there is a complete legal regulation of their use (law and regulations and systematically provided logistics. Imposition and implementation of educational orders is directly related to the examination of juvenile's personality and a special attention has been paid to this issue. In this work, the author deals with educational orders as a diversionary treatment model against juvenile offenders, as well as the implementation of educational orders in the practice of the Higher Public Prosecutor's Office and the High Court in Novi Sad.

Attorney Argumentation and Supreme Court Opinions.

Science.gov (United States)

Benoit, William L.

1989-01-01

Investigates the relationship between argumentation advanced by attorneys in four Supreme Court cases and the reasoning proffered by the Court in its decisions in those cases. Finds attorney argumentation sometimes irrelevant to the Court's reasoning and sometimes adopted by the Court. Offers a perspective on argumentation and decision making to…

Outliers in American juvenile justice: the need for statutory reform in North Carolina and New York.

Science.gov (United States)

Tedeschi, Frank; Ford, Elizabeth

2015-05-01

There is a well-established and growing body of evidence from research that adolescents who commit crimes differ in many regards from their adult counterparts and are more susceptible to the negative effects of adjudication and incarceration in adult criminal justice systems. The age of criminal court jurisdiction in the United States has varied throughout history; yet, there are only two remaining states, New York and North Carolina, that continue to automatically charge 16 year olds as adults. This review traces the statutory history of juvenile justice in these two states with an emphasis on political and social factors that have contributed to their outlier status related to the age of criminal court jurisdiction. The neurobiological, psychological, and developmental aspects of the adolescent brain and personality, and how those issues relate both to a greater likelihood of rehabilitation in appropriate settings and to greater vulnerability in adult correctional facilities, are also reviewed. The importance of raising the age in New York and North Carolina not only lies in protecting incarcerated youths but also in preventing the associated stigma following release. Mental health practitioners are vital to the process of local and national juvenile justice reform. They can serve as experts on and advocates for appropriate mental health care and as experts on the adverse effects of the adult criminal justice system on adolescents.

25 CFR 11.912 - Contempt of court.

Science.gov (United States)

2010-04-01

... OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.912 Contempt of court. Any willful disobedience or interference with any order of the children's court constitutes contempt of court which may be punished in accordance...

25 CFR 11.908 - Court records.

Science.gov (United States)

2010-04-01

... INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.908 Court records. (a) A record of all hearings under §§ 11.900-11.1114 of this part shall be made and preserved. (b) All children's court records shall be confidential and shall not be...

Status of Court Management in Switzerland

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Andreas Lienhard

2012-12-01

Full Text Available At an international level, and in particular in the Anglo-American region, there is a long tradition of scientific study of court management. Thus in Australia there has for quite some time been the Australasian Institution of Judicial Administration (AIJA, which concerns itself with every aspect of court administration. In the USA too, research and education in the field of court management has been institutionalized for a long time, in particular by the National Center for State Courts (NCSC and the related Institute for Court Management (ICM. In Europe, a working group known as the European Commission for the Efficiency of Justice (CEPEJ deals with issues of court management as part of the activities of the Council of Europe. The fact that court management is also increasingly becoming an important topic in the European area was demonstrated by the establishment, in 2008, of a new professional journal that focuses on court management, the International Journal for Court Administration (IJCA. In Switzerland, the issue of court management was discussed for the first time in the course of the New Public Management (NPM projects in the cantons, but was often limited to the question of whether to include the courts in the relevant cantonal NPM model. Generally speaking, court management was a matter that was only sporadically raised, such as at a symposium of the Swiss Society of Administrative Sciences (SSAS in 2003 or more recently in an article in which theses on good court management are formulated. In Switzerland even today there is a general dearth of empirical and other theoretical findings on the mode of operation of the justice system and its interaction with society, or with specific social target groups. For example, it was only in 2009 that the first indications were obtained of how cases in various categories were handled by the highest administrative and social insurance courts in Switzerland. In the fields of criminal and civil

Supreme Court Update

Science.gov (United States)

Taylor, Kelley R.

2009-01-01

"Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

An Ever More Powerful Court?

DEFF Research Database (Denmark)

Martinsen, Dorte Sindbjerg

on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case......Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU......) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...

The Special Court for Sierra Leone

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

2004-01-01

The focus of this article is the Special Court for Sierra Leone and the extent to which it can be said that the Special Court has already challenged, or will, in the future, challenge the tradition of impunity for gender-based crimes. In this regard, an analysis is undertaken of the Special Court......'s Statute, Rules of Procedure and Evidence and practice to date, in order to determine its treatment of gender-based crimes and whether it can be said that the Special Court for Sierra Leone challenges the tradition of impunity for gender-based crimes. Udgivelsesdato: december 2004...

Should the District Courts Have Jurisdiction Over Pre-Award Contract Claims? A Claim for the Claims Court

National Research Council Canada - National Science Library

Short, John J

1987-01-01

This thesis briefly examines the jurisdiction of the federal district courts and the United States Court of Claims over pre-award contract claims before the Federal Courts Improvement Act of October 1...

Juvenile angiofibroma

Science.gov (United States)

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

The International Criminal Court

DEFF Research Database (Denmark)

Damgaard, Ciara Therése

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

Fatores de risco associados à calcinose na dermatomiosite juvenil Risk factors associated with calcinosis of juvenile dermatomyositis

Directory of Open Access Journals (Sweden)

Adriana M. E. Sallum

2008-02-01

calcinosis in children and adolescents with juvenile dermatomyositis. METHODS: A review was carried out of the medical records of 54 patients with juvenile dermatomyositis. Data were collected on demographic characteristics, clinical features: muscle strength (stages I to V of the Medical Research Council scale, pulmonary involvement (restrictive pulmonary disease with presence or absence of anti-Jo1 antibodies, gastrointestinal problems (gastroesophageal reflux and/or heart disease (pericarditis and/or myocarditis; laboratory tests: elevated muscle enzyme levels in serum (creatine phosphokinase, aspartate aminotransferase, alanine aminotransferase and/or lactate dehydrogenase; and on the treatments given: corticoid therapy in isolation or associated with hydroxychloroquine and/or immunosuppressants. The patients were divided into two groups, depending on presence or absence of calcinosis and data were evaluated by both univariate and multivariate analyses. RESULTS: Calcinosis was identified in 23 (43% patients, and in six (26% patients it had emerged prior to diagnosis while in 17 (74% it was post diagnosis. The univariate analysis revealed that cardiac (p = 0.01 and pulmonary (p = 0.02 involvement and the need for one or more immunosuppressor (methotrexate, cyclosporine A and/or pulse therapy with intravenous cyclophosphamide to treat juvenile dermatomyositis (p = 0.03 were all associated with an increased incidence of calcinosis. The multivariate analysis then demonstrated that only cardiac involvement (OR = 15.56; 95%CI 1.59-152.2 and the use of one or more immunosuppressor (OR = 4.01; 95%CI 1.08-14.87 were independently associated with the presence of calcinosis. CONCLUSIONS: Calcinosis was a frequent development among these juvenile dermatomyositis cases, generally emerging as the disease progressed. Calcinosis was associated with the more severe cases that also had cardiac involvement and where immunosuppressors had to be included in the treatment.

Jurisdiction of courts with a focus on the Special Chamber of the Supreme Court of Kosovo

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Mr.Sc. Sabri Halili

2013-06-01

Full Text Available The legal solution offered by the Law establishing the Special Chamber of the Supreme Court of Kosovo is rather challenging for practical implementation. Due to this fact, the decisions of the Special Chamber contain various dilemmas of judges on the jurisdiction of the Chamber on the matters related to natural persons sued by the PAK, which are related to various liabilities of these persons to socially-owned enterprises, namely to the PAK. Since the PAK administers and represents socially owned property in general, it is naturally bound to seek for legal resolutions for all legal contests before a competent court. Naturally, the PAK would seek for such a solution before the Special Chamber of the Supreme Court of Kosovo on PAK-related matters, which is already bound by the title itself, “on PAK-related matters”. Comparisons of remedies by various laws related to subject competence are based on legal literature used in higher education in Kosovo. Analysis of subject competences of regular and special courts is two-fold: the Commercial Court and the Military Court, while the competence of the Special Chamber is only analysed in relation with the Law on Courts, and the Law on the Special Chamber of the Supreme Court, comparing it with the Law on Contested Procedure and the Law on the PAK. The Special Chamber has before and still continues to avoid jurisdiction of this Court, which is sanctioned by Articles 4 and 5 of the Law on the Special Chamber, due to the fact that in cases in which the PAK has sued a natural or legal person, due to debts, occupation of socially owned property, or any other disputed matter, which is directly related to socially owned properties, the Special Chamber proclaims itself incompetent, and transfers the case to regular courts, although the Special Chamber adjudicates “on PAK-related matters”, but in this case only when the PAK is respondent, not when it is claimant.

Genetics in the courts

Energy Technology Data Exchange (ETDEWEB)

Coyle, Heather; Drell, Dan

2000-12-01

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

Atypical Rulings of the Indonesian Constitutional Court

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Bisariyadi

2016-08-01

Full Text Available In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011. Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (unconstitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.

Explaining African Participation in International Courts

DEFF Research Database (Denmark)

Gissel, Line Engbo; Brett, Peter

2018-01-01

constructivist and liberal institutionalist International Relations theories. International court creation did not reflect the pursuit of national interests or a response to normative NGO pressures. Making this argument, the article analyses the design and ratification of two new international courts: the SADC...... Tribunal and International Criminal Court. Using the case studies of Zimbabwe and Kenya, it shows how global scripts were repeated by even those states which have, in recent years, most vocally asserted their national interests against these courts....

Trial Courts in the Judicial Process.

Science.gov (United States)

McKnight, R. Neal

1981-01-01

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

The Court in the Homeric Epos

Science.gov (United States)

Loginov, Alexandr

2016-01-01

The research investigates the court system in Homeric Greece. This period was characterized by a declining culture and scarce works that described those times. Hence, the court procedures of those times remains understudied; therefore, the purpose of this research is to reconstruct theoretically the court procedure in Homeric Greece. Homer's and…

How do the Constitutional Courts decide?

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Pasquale Pasquino

2016-12-01

Full Text Available The purpose of this article is to explore the mode of production of judicial sentences drafted by constitutional courts in Europe. The natural object of study of the constitutional theory is the analysis of this final product of judicial creation of Law by Constitutional Courts. However, the doctrine has not given sufficient attention –from a comparative law perspective– to the mechanisms and procedures that lead to the decisions of these institutions. Thus, this document will classify the different types of decision-making processes in the courts, analyzing the stages that make up the «mode of production», from the study of the decisions of the Supreme Court of the United States, the Constitutional Council of the French Republic, The Constitutional Court of Italy and the Federal Constitutional Court of Germany. At the end of the paper, some conclusions are made about the period of the magistrates, their party affiliation, the temporary restrictions of deliberation and institutional factors such as the number of attendees or the personalization of its members.

ECHR and national constitutional courts

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Nastić Maja

2015-01-01

Full Text Available Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the crucial role in this process. This paper will focus on the applicability of the ECHR in proceedings before national constitutional courts. Having in mind the jurisdiction of the national constitutional court, the ECHR may be applied in two ways: first, in the process of constitutional review by national constitutional courts and, second, in the process of deciding on constitutional complaints.

The constitutional court review of judicial decisions

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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

International Justice through Domestic Courts:

DEFF Research Database (Denmark)

Tang, Yi Shin

2015-01-01

In April 2010, the Brazilian Supreme Federal Court (Supremo Tribunal Federal, or STF) controversially decided to uphold the country’s amnesty law, which currently prevents prosecutions for violations of human rights committed during the military dictatorship. However, the Inter-American Court...

25 CFR 11.901 - The children's court established.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false The children's court established. 11.901 Section 11.901 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting...

Administrative court control in taxation matters

OpenAIRE

Nataša Zunić Kovačević

2016-01-01

Starting with the current organisation of administrative court control in taxation matters, this paper, after a brief overview of the normative legal framework of control in such matters, provides an analysis of certain indicators of administrative and administrative court control implementation in taxation matters. The experience of the application of administrative control in taxation matters and an analysis of accessible indicators of recent administrative court control in taxation matters...

Can Courts Make Federalism Work? A Game Theory Approach to Court-Induced Compliance and Defection in Federal Systems

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Gemma Sala

2014-12-01

Full Text Available Few studies on federalism analyze the role of courts as safeguards of the federal arrangement, and those that do tend to be too optimistic about what courts can do. This article analyzes the effect of judicial review on the interaction between the central and a regional government in a federation in order to understand the conditions under which courts may or may not enforce compliance with federalism. It argues that politicians of either level of government anticipate the likelihood of a judicial challenge and an eventual veto, and it finds distinct equilibria in the interaction between central and regional governments (imposition, auto-limitation, negotiation and litigation. Only under auto-limitation do courts effectively prevent transgressions to the federal arrangement. In all other scenarios, defection may take place despite the presence of courts. These findings show that as the court’s jurisprudence becomes more solid and defined, the chances for governments to successfully exceed their powers increase. Not only do transgressions take place despite the presence of the court, but because of it.

Level of information about gynaecological prevention in teenagers at risk from social exclusion, referred by family court rulings to juvenile attendance centres – a pilot study

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Marcin Bobiński

2015-09-01

Full Text Available Introduction and objective. The objective of the study was to present preliminary results of a pilot study concerning the level of knowledge of gynaecological prevention, conducted in teenagers referred by court rulings to a juvenile attendance centre. Materials and method. The instrument was an anonymous survey questionnaire completed by participants in health prevention classes in late 2010 and early 2011. The studied group consisted of teenagers aged 15–17 years (mean age: 15.72 years, median = 16 years, SD = 0.679 who were under probation officers’ supervision in the Zamość region of south-eastern Poland. The sample size was 101 persons – 51 boys (50.50%, 50 girls (49.5%. Results. According to the respondents, the most important reasons for seeing a gynaecologist were: menstrual disorders (70.30%, suspicion of pregnancy (63.37% and pain or burning sensations while urinating (58.42%. The following were regarded as prevalent cancers in women: cancers of the breast (99.01%, cervix (89.1%, and ovaries (62.38%. Over 92% of subjects stated that it was possible to protect oneself from cervical cancer, but only 41.5% of respondents indicated the correct definition of the term ‘cytology’. Statistical analysis focused on differences between genders. A higher self-assessment of mental health was shown in boys. Conclusions. Teenagers of similar background may find it more difficult to gain access to knowledge about health prophylaxis, including gynaecological prevention. Efforts should be intensified in order to ‘equalize health opportunities’ through appropriate preparation of teaching curricula (including health education and philosophy of medicine.

Juvenile rheumatoid arthritis

Science.gov (United States)

... joints. This form of JIA may turn into rheumatoid arthritis. It may involve 5 or more large and ... no known prevention for JIA. Alternative Names Juvenile rheumatoid arthritis (JRA); Juvenile chronic polyarthritis; Still disease; Juvenile spondyloarthritis ...

English as a Court Language in Continental Courts

NARCIS (Netherlands)

C. Kern (Cristoph)

2013-01-01

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

Acknowledging Children’s Voice and Participation in Family Courts: Criteria that Guide Western Australian Court Consultants

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Vicki Banham

2017-09-01

Full Text Available The Australian family courts introduced Child Inclusive Conferencing after the country adopted the United Nations Convention on the Rights of the Child. The legislation governing these conferences is minimalistic but the Family Court Consultants in the Family Court of Australia and the Federal Circuit Court have well-developed and documented guidelines. The Family Court of Western Australia is, however, a separate entity and in the absence of regulatory guidelines its Family Consultants developed their own process and criteria. This model is unique, in Australia at least, because it has been organically developed by the practitioners providing the Child Inclusive Conferences with very little, if any, statutory and regulatory guidance. This model therefore serves as an example of how practitioners think child inclusive services should be offered. The model is, however, not documented and the aim of this study was to understand and document Family Consultants’ decision making regarding if and when they will conduct a Child Inclusive Conference in the Family Court of Western Australia. Ten Family Consultants were interviewed using semi-structured interviews. A thematic analysis was conducted on the transcripts of the interviews identifying 12 themes. Overall the data suggested that Family Consultants take into account a range of criteria and although they were very cognisant of the importance for the child to be engaged in decision making they noted specific challenges regarding how they could use Child Inclusive Conferencing to do this. These findings provide a basis for the development of regulations that ensure that Child Inclusive Conferences are used optimally to improve the inclusion of children in the family court procedures in Western Australia and potentially elsewhere. Further research is, however, necessary before such regulations can be finalised.

Perceived Masculinity Predicts U.S. Supreme Court Outcomes

Science.gov (United States)

2016-01-01

Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer’s speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States. PMID:27737008

Perceived Masculinity Predicts U.S. Supreme Court Outcomes.

Directory of Open Access Journals (Sweden)

Daniel Chen

Full Text Available Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer's speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States.

Clerics and courtly love in Andreas Capellanus' The Art of Courtly Love and Chaucer's Canterbury Tales

OpenAIRE

Williams, Andrew

1990-01-01

In both The Canterbury Tales and The Art of Courtly Love Geoffrey Chaucer and Andreas Capellanus deal with various aspects of courtly love. In particular, both of them focus to some degree on the question of clerical celibacy. The use of tale telling and imaginary dialogues result in a contemporary overview of the role of the cleric in courtly love, the church rules on the subject, and the opinions of the people on a subject that is ripe for exploration. My aim is to point out some of the ...

Supervisory Control and Court Management

Directory of Open Access Journals (Sweden)

Andreas Lienhard

2009-08-01

Full Text Available Court management is an essential precondition for guaranteeing the adjudication of cases. At the same time, court administration is the key focus of supervisory control. Management instruments and structures, caseload management and other elements of quality assurance including the certification of judicial authorities must therefore be accorded considerable constitutional importance.

The use of mental health court appearances in supervision.

Science.gov (United States)

Redlich, Allison D; Steadman, Henry J; Callahan, Lisa; Robbins, Pamela Clark; Vessilinov, Roumen; Ozdoğru, Asil Ali

2010-01-01

A defining feature of mental health courts (MHCs) is the requirement that enrollees appear periodically for status review hearings before the MHC judge. Although the research base on these specialty courts is growing, MHC appearances have yet to be examined. In the present study, the authors followed more than 400 MHC clients from four courts. We examined the number of court appearances that were mandated versus attended, the number of bench warrants issued, and the proportion of court appearances that were made in-custody versus out-of-custody. Finally, we describe and report on the proportion of clients at each court who had graduated, had been terminated, or who were still in the court one year following enrollment. Copyright 2010 Elsevier Ltd. All rights reserved.

Guide to Alabama Court Procedures.

Science.gov (United States)

Alabama Administrative Office of Courts, Montgomery.

Designed to assist the public in understanding the judicial system and judicial process in Alabama, this handbook (1) presents an overview of Alabama's courts and their jurisdictions, (2) identifies the officers of the courts and the contributions each makes to the judicial process, and (3) narrates in general terms the procedures most common to…

Court decisions on medical malpractice.

Science.gov (United States)

Knaak, Jan-Paul; Parzeller, Markus

2014-11-01

Recent studies on court cases dealing with medical malpractice are few and far between. This retrospective study, therefore, undertakes an analysis of medical malpractice lawsuits brought before regional courts in two judicial districts of the federal state of Hesse. Over a 5-year period (2006-2010), 232 court decisions on medical malpractice taken by the regional courts (Landgericht) of Kassel and Marburg were evaluated according to medical discipline, diagnosis, therapy, relevant level of care, charge of neglect of duty by the claimant party, outcome of the lawsuit, and further criteria. With certain overlaps, the disciplines most frequently confronted with claims of medical malpractice were accident surgery and orthopedics (30.2%; n = 70), dentistry (16.4%; n = 38), surgery (12.1%; n = 28), and gynecology and obstetrics (7.8%; n = 18), followed by the remaining medical disciplines (38.8%; n = 90). Malpractice allegations were brought against the practice-based sector in 35.8 % (n = 83) of cases, the hospital-based sector in 63.3% (n = 147) of cases, and other sectors in 0.9% (n = 2) of cases. The allegation grounds included false administration of treatment (67.2%; n = 156), false indication of treatment (37.1%; n = 86), false diagnosis (31.5%; n = 73), and/or organizational negligence (13.8%; n = 32). A breach of duty to inform was given as grounds for the claim in 38.8% (n = 90) of cases. A significant majority of 65.6% (n = 152) of cases ended in a court settlement. Of the cases, 18.9% (n = 44) were concluded by claim withdrawal, 11.2% (n = 26) by claim dismissal and 2.6% (n = 6) by criminal sentence. Of the cases, 1.7% (n = 4) were for purposes of securing evidence. Although there was no conclusive evidence of malpractice, two thirds of the cases ended in a court settlement. On the one hand, this outcome reduces the burden on the courts, but on the other, it can in the long term give

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Science.gov (United States)

2006-09-26

Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Eliminating Federal Court Jurisdiction Where There Is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 542 U.S. 466 (2004). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court In Rasul v. Bush,1 a divided Supreme Court declared that “a state

Opteren voor de Netherlands Commercial Court

NARCIS (Netherlands)

Hoeben, J.; Keirse, A.L.M.; Reijneveld, M.D.

Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor

Past and Future for Management of Courts

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Bert Maan

2009-08-01

Full Text Available This article is written from the perspective of a court president in The Netherlands, a so called civil law country. In theory, in a civil law country, judges and lawyers in civil and commercial cases base their actions on the application of the law and its interpretation. Moreover, in criminal matters, the courts use inquisitorial procedures which differ from the adversarial procedures used in common law countries. The field of court management is not highly developed because of the tension between the need for judicial independence and judicial organization. There are many examples of this tension, including the fact that courts may be subject to budgetary limits which themselves may intrude upon judicial independence. For instance, suppose that a judge believes it necessary to appoint an expert to answer a certain scientific question, but the expert is expensive and budgetary considerations preclude the appointment. When I was involved in the process of the budgets of prosecutors’ offices and courts, this question frequently arose. In an effort to deal with this problem, part of the courts’ budgets were treated as open-ended even though courts rarely spent these open-ended budgets lavishly.

Conceptualizing juvenile prostitution as child maltreatment: findings from the National Juvenile Prostitution Study.

Science.gov (United States)

Mitchell, Kimberly J; Finkelhor, David; Wolak, Janis

2010-02-01

Two studies were conducted to identify the incidence (Study 1) and characteristics (Study 2) of juvenile prostitution cases known to law enforcement agencies in the United States. Study 1 revealed a national estimate of 1,450 arrests or detentions (95% confidence interval [CI]: 1,287-1,614) in cases involving juvenile prostitution during a 1-year period. In Study 2, exploratory data were collected from a subsample of 138 cases from police records in 2005. The cases are broadly categorized into three main types: (a) third-party exploiters, (b) solo prostitution, and (c) conventional child sexual abuse (CSA) with payment. Cases were classified into three initial categories based on police orientation toward the juvenile: (a) juveniles as victims (53%), (b) juveniles as delinquents (31%), and (c) juvenile as both victims and delinquents (16%). When examining the status of the juveniles by case type, the authors found that all the juveniles in CSA with payment cases were treated as victims, 66% in third-party exploiters cases, and 11% in solo cases. Findings indicate law enforcement responses to juvenile prostitution are influential in determining whether such youth are viewed as victims of commercial sexual exploitation or as delinquents.

Barriers to addressing substance abuse in domestic violence court.

Science.gov (United States)

Riger, Stephanie; Bennett, Larry W; Sigurvinsdottir, Rannveig

2014-03-01

Substance abuse commonly co-occurs with intimate partner violence among both perpetrators and survivors. Specialized courts that focus on intimate partner violence provide a unique opportunity to address both problems simultaneously, but research has yet to identify whether this happens. In this qualitative study of a domestic violence court in a large midwestern metropolitan area, key informants were interviewed to understand how the Court treats substance abuse. Results indicate that substance abuse typically is not identified among perpetrators or survivors going through the Court unless it is mentioned in a police report. Barriers to such identification are the organization of the Court, bounded definition of actors' roles in the Court, limited resources, and negative attitudes towards survivors. These results suggest that specialized courts that attend to only one problem may overlook the possibility of addressing issues that commonly co-occur.

PENGADILAN HIBRIDA (HYBRID COURT SEBAGAI ALTERNATIF PENANGANAN KEJAHATAN INTERNASIONAL

Directory of Open Access Journals (Sweden)

Arie Siswanto

2016-10-01

Since the end of World War II, the international community witnessed the increasingly serious efforts to deal with the international crimes. Besides the domestic criminal courts and purely international tribunals, the forum that is also recently used to handle international crimes is the hybrid courts that have been established in several places such as in Cambodia, Sierra Leone and Timor-Leste. Hybrid courts are established from different political backgrounds, but as a legal institution, its establishment was necessarily based on legal instruments. This paper identifies that there are three patterns in the formation of hybrid court, which are: the establishment of a hybrid court based on an agreement between the UN and the relevant state, the establishment of a hybrid court by the UN or international administration and the establishment of a hybrid court by a country which later gains greater international support.

Court interpreting and pragmatic meaning

DEFF Research Database (Denmark)

Jacobsen, Bente

In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction.......In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction....

A People’s Court? A Bottom-up approach to litigation before the Euopean Court of Justice

NARCIS (Netherlands)

Hoevenaars, J.

2018-01-01

Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Members States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an

Juvenile Arthritis

Science.gov (United States)

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

with a comparative view at the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court

OpenAIRE

Hiller, Kinga

2010-01-01

This thesis is about the connection between the constitutional ownership guarantee and the political-philosophical conception of property. I portray and analyze the jurisdiction of the Hungarian Constitutional Court since the fall of Communism in 1989 in light of these two aspects and venture a comparison with the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court. In political and philosophical terms, there are - roughly speaking - two opposing conceptio...

The Relevance of Criminal Courts in the Global South

Directory of Open Access Journals (Sweden)

Pablo Leandro Ciocchini

2017-12-01

Full Text Available The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro’s institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people’s lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

What Is Juvenile Arthritis?

Science.gov (United States)

... Initiative Breadcrumb Home Health Topics English Español Juvenile Arthritis Basics In-Depth Download Download EPUB Download PDF What is it? Points To Remember About Juvenile Arthritis Juvenile arthritis is the term used to describe ...

Unwrapping Court-Connected Mediation Agreements

DEFF Research Database (Denmark)

Adrian, Lin; Mykland, Solfrid

2018-01-01

Court-connected mediated agreements seem to both fulfil and fail the ideal of self-determination in mediation theory. In a study of 134 agreements from court-connected mediation, we found that the majority of agreements contain creative elements and display great variation in the provisions...... and understand them. The judicial language is well known for the drafters of the agreement but not the parties. Thus, court-connected mediation seems to fail aspects of self-determination when it comes to drafting agreements. We draw on new-institutional theory when we explore and explain this apparent...... they contain. These results indicate that the parties play an important role in crafting the substance of their agreements. However, we also found that the wording of the agreements is characterised by legal and bureaucratic language to the extent that people without legal training find it difficult to read...

Matching Judicial Supervision to Clients’ Risk Status in Drug Court

Science.gov (United States)

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

2007-01-01

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

Limits of verification by the Federal Constitutional Court

International Nuclear Information System (INIS)

Anon.

1985-01-01

The court of administration of Baden-Wuerttemberg passed a resolution on October 27,1983 - 10 S 1102/83 - dismissing the application to revoke the immediate implementation of the first partial construction permit for the joint nuclear power plant Neckar II. As the plaintiff thereupon lodged a complaint with the Federal Constitutional Court the resolution did not become effective immediately. However, the Federal Constitutional Court on October 1, 1984 decreed unanimously in accordance with the section 93a subsection 3 of the law on the Federal Constitutional Court - 1 BvR 231/84 -: ''The constitutional complaint lodged is not taken up for decision because its chances of success are nil.'' Thus the original decision of the court of administration of Baden-Wuerttemberg passed on October 27, 1983 was confirmed by the endorsement of its immediate implementation. (orig./HSCH) [de

Internal and External Dialogue: A Method for Quality Court Management

Directory of Open Access Journals (Sweden)

Marie Hagsgård

2008-10-01

Full Text Available The aim of quality court work is to maintain or improve public trust in the court as a vital part of a democratic society. Public confidence in the judicial system is affected by a number of factors, including speedy and judicially correct decisions which are generally understandable and a good treatment of parties and witnesses before and during court proceedings. In order to uphold and enhance public trust, courts need to work systematically to improve the quality of court functioning. But questions remain regarding how to institute quality court management, and how to achieve positive results. Although court managers in Sweden have shown an interest in starting systematic quality work, they have found it difficult to find a method for such work and systematically achieving results.

Clinical factors associated with rape victims' ability to testify in court: a records-based study of final psychiatric recommendation to court.

Science.gov (United States)

Phaswana, T D; Van der Westhuizen, D; Krüger, C

2013-09-01

A rape victim may encounter professionals in both the health and the legal systems. Unanswered questions remain about clinical factors associated with a rape victim's ability to testify in court, and the quality of care offered to rape victims. The objectives of this study were thus to determine the clinical factors that are associated with a rape victim's ability to testify in court, as well as to undertake a preliminary exploration of the referral system between the court and the mental health services. A retrospective study was conducted of rape victims referred by the court (n=70) to be assessed psycho-legally by psychiatrists. Rape victims who were recommended as able and those recommended as unable to testify in court were compared with regard to their clinical characteristics. Thirty-seven (53.6%) victims were recommended as able to testify and 32 (46.4%) victims as unable to testify in court. Victims from rural areas and victims with severe mental retardation were statistically significantly more often found to be unable to testify in court. Almost half (49.2%) of the victims were referred by court for first assessment within six months of being raped. Most (63.5%) victims were assessed for the first time within one month of being referred. The decision about a victim's ability to testify should not be based solely on the two statistically significant variables but, rather, individualised. Optimal mental health and legal services should be offered to rape victims. Further studies are required in assessing the collaboration between the health and legal systems.

Juvenile Firesetting.

Science.gov (United States)

Peters, Brittany; Freeman, Bradley

2016-01-01

Juvenile firesetting is a significant cause of morbidity and mortality in the United States. Male gender, substance use, history of maltreatment, interest in fire, and psychiatric illness are commonly reported risk factors. Interventions that have been shown to be effective in juveniles who set fires include cognitive behavior therapy and educational interventions, whereas satiation has not been shown to be an effective intervention. Forensic assessments can assist the legal community in adjudicating youth with effective interventions. Future studies should focus on consistent assessment and outcome measures to create more evidence for directing evaluation and treatment of juvenile firesetters. Copyright © 2016 Elsevier Inc. All rights reserved.

Criminal adjudication by state courts under the FDRE constitution ...

African Journals Online (AJOL)

... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

25 CFR 11.907 - Transfer to Court of Indian Offenses.

Science.gov (United States)

2010-04-01

....907 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.907 Transfer to Court of Indian Offenses. (a) The presenting officer or the minor may file a petition requesting the children's court to transfer the minor to...

A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union

NARCIS (Netherlands)

Gáspár-Szilágyi, S.

2016-01-01

This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the

Court rejects claim of mental illness from needlestick.

Science.gov (United States)

1998-05-29

The Montana Supreme Court rejected the bid of a medical technician to remain on workers' compensation, based on his claims that he suffered from psychosis, depression, and hallucinations after pricking himself with a needle used on an HIV-positive patient. [Name removed], a respiratory therapist at Community Medical Center in Missoula, tested negative for HIV, but claimed that the psychological trauma from the needlestick injury caused him to become disabled. Based on expert testimony, the Workers' Compensation Court determined that [name removed] was faking his symptoms to collect benefits from his employer's insurer, EBI/Orion Group. [Name removed] appealed, and the Supreme Court remanded the case, stating that psychologists are not included among the medical professionals able to conduct medical reviews. The Workers' Compensation Court again found that [name removed] was faking his symptoms, and [name removed] unsuccessfully appealed. The compensation panel cited conflicting evidence from psychological tests, [name removed]'s friends' testimonies, and [name removed]'s personal diary. The Supreme Court upheld the verdict.

First instance competence of the Higher Administrative Court

International Nuclear Information System (INIS)

Anon.

1988-01-01

(1) An interlocutory judgement can determine the admissibility of a legal action, also with regard to single procedural prerequisites (following BVerwG decision 14, 273). (2) The first instance competence for disputes about the dismantling of a decommissioned nuclear installation lies with the administrative courts and not with the higher administrative courts. Federal Administrative Court, decision of May 19, 1988 - 7 C 43.88 - (VGH Munich). (orig.) [de

Educational Malpractice: Why the Courts Say No.

Science.gov (United States)

Hammes, Richard

1989-01-01

The courts have refused to award damages to litigants claiming educational malpractice. This article discusses recurring themes in the courts' rationale for their decisions. Discussion focuses on elements of negligence: the duty of care, the breach of duty, injury and proximate cause. (IAH)

The Role of Courts in Shaping Health Equity.

Science.gov (United States)

Hall, Mark A

2017-10-01

United States' courts have played a limited, yet key, role in shaping health equity in three areas of law: racial discrimination, disability discrimination, and constitutional rights. Executive and administrative action has been much more instrumental than judicial decisions in advancing racial equality in health care. Courts have been reluctant to intervene on racial justice because overt discrimination has largely disappeared, and the Supreme Court has interpreted civil rights laws in a fashion that restricts judicial authority to address more subtle or diffused forms of disparate impact. In contrast, courts have been more active in limiting disability discrimination by expanding the conditions that are considered disabling and by articulating and applying the operative concepts "reasonable accommodation" and "other qualified" in the context of both treatment and insurance coverage decisions. Finally, regarding constitutional rights, courts have had limited opportunity to intervene because, outside of specially protected arenas such as reproduction, constitutional law gives government wide discretion to define health and safety goals and methods. Thus, courts have had only a limited role in shaping health equity in the United States. It remains to be seen whether this will change under the Affordable Care Act or whatever health reform measure might replace it. Copyright © 2017 by Duke University Press.

The minor immigrant and the effects of juvenile migration in Europe

Directory of Open Access Journals (Sweden)

Andy Corneliu Pusca

2015-12-01

Full Text Available In the civil law and the international law, the minor immigrants are the new protagonists of migratory processes and constitute a fundamental subject. During the last decade, the presence of minors in the most important migration phenomenon has united migrations worldwide and the numbers increased significantly. There is no universal definition of the minor immigrant. This paper aims to describe the concept of minor immigrant, the effects of juvenile migration on the EU Member States and the measures to be taken in order to prevent the negative aspects and to reduce the human costs of migration processes. The method applied is the creation of placement and protection models able to comply with the obligations imposed by international conventions, model that is far from being considered adequate, since the convictions of the European Court of Human Rights prove the lack of practice in the field.

Opteren voor de Netherlands Commercial Court

OpenAIRE

Hoeben, J.; Keirse, A.L.M.; Reijneveld, M.D.

2017-01-01

Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor beslechting van internationale handelsgeschillen in de Engelse taal, waarbij de belangen van snelheid, efficiëntie en goede financierbaarheid centraal staan. Dit artikel verkent de positieve aspecten van ...

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.

Constitutional Court's Crisis Management of Akil Mochtar's Case

OpenAIRE

Uli Mediana, Cipta; Naryoso, S.Sos, M.Si, Agus

2016-01-01

The Constitutional Court is one of the state institutions that conduct independent judicial power to hold a court in order to enforce law and justice in Indonesia that became a proof of state agencies was also not spared from the crisis. The Chairman of the Constitutional Court in 2013, Akil Mochtar caught red-handed by the Corruption Eradication Commission (KPK) for allegedly receiving bribe money for handling election disputes Gunung Mas, Central Kalimantan and elections Lebak, Banten. Sinc...

THE STUDY OF FEATURES OF GUILT OF JUVENILE OFFENDERS IN THE CONTEXT OF JUVENILE JUSTICE

Directory of Open Access Journals (Sweden)

Natalija Vladimirovna Galkina

2015-08-01

Full Text Available The article is devoted to the results of empirical studies of the experiences of guilt of juvenile offenders in the context of juvenile justice where a minor appears as the subject of legal relations. Restorative approach of juvenile justice is based on an admission of guilt to the victim. In connection with it, the research of features of the guilt of minors who have committed an offence and the conditions for the development of the subjectivity will enhance understanding of the possibilities of restorative juvenile justice system in the prevention of juvenile delinquency.Thus, the results of empirical research presented in the article are important for determining of the psychological bases of realization of rehabilitation programs in the context of juvenile justice. In particular, the results are important for the organization and conduct of psychological work to overcome the psychological barriers in the behavior of juveniles having inherently maladaptive guilt and destructive psychological defense mechanisms.

Juvenile Justice in Mexico

Directory of Open Access Journals (Sweden)

Martha Frías Armenta

2014-08-01

Full Text Available The first tribunal in Mexico was established in the central state of San Luis Potosi in 1926. The Law Regarding Social Prevention and Juvenile Delinquency for the Federal District and Mexican territories was promulgated in 1928. In 2005, Article 18 of the Mexican Constitution was modified to establish a comprehensive system (“Sistema Integral de justicia” in Spanish of justice for juveniles between 12 and 18 years old who had committed a crime punishable under criminal law. Its objective was to guarantee juveniles all the due process rights established for adults, in addition to the special ones recognized for minors. The constitutional reform also provides a framework that includes special tribunals as well as alternative justice options for juveniles. With these reforms, institutionalization of minors was to be considered an extreme measure applicable only to felonies and to juveniles older than 14. In 2006, all states within the Mexican federation enacted the “Law of justice for adolescents”. This system, at both the federal and state levels, formalizes a new global paradigm with regard to the triangular relationship between children, the State and the Law. It recognizes that children are also bearers of the inherent human rights recognized for all individuals, instead of simply objects in need of protection. However, despite formally aligning Mexican juvenile justice law with the Convention on the Rights of the Child (CRC, issues of actual substantive rights remained and new ones have appeared. For example, juveniles younger than 14 who have not committed a felony are released from institutions without any rehabilitation or treatment options, and alternative forms of justice were included without evaluating their possibilities of application or their conditions for success. In addition, the economic status of most juvenile detainees continues to be one of the most important determining factors in the administration of justice

National Courts and EU Law

DEFF Research Database (Denmark)

approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

The Hellenistic Royal Court. Court Culture, Ceremonial and Ideology in Greece, Egypt and the Near East, 336-30 BCE

NARCIS (Netherlands)

Strootman, R.

2007-01-01

In the Hellenistic empires of Alexander the Great and his successors in Greece, Egypt and the Near East, new forms of court culture and political ideology developed during the last three centuries BCE. Appropriated by Parthian kings and Roman emperors alike, the culture of these Macedonian courts

Juvenile mammary papillomatosis; Papilomatosis juvenil mamaria

Energy Technology Data Exchange (ETDEWEB)

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

2001-07-01

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

Editorial Coverage of Reagan Supreme Court Nominees.

Science.gov (United States)

Hale, F. Dennis

To measure the editorial advocacy of influential newspapers concerning the membership of the Supreme Court, a study analyzed editorials from such newspapers concerning the last five Supreme Court nominees of President Ronald Reagan (William Rehnquist, Antonin Scalia, Robert Bork, Douglas Ginsburg, and Anthony Kennedy). A telephone survey of 100…

78 FR 14017 - Courts of Indian Offenses

Science.gov (United States)

2013-03-04

... process of establishing, tribal courts; and are therefore no longer in need of an extra-tribal judicial... Health Hospital, and the Albuquerque Indian School Property (land held in trust for the 19 Pueblos of New... have courts to administer justice on land under their jurisdiction. Prior notice and comment are...

[Cochlear implants in the social courts].

Science.gov (United States)

Lottner, A; Iro, H; Schützenberger, A; Hoppe, U

2018-02-01

Since the indication for receiving a cochlear implant (CI) has widened (single-sided deafness [SSD], electric acoustic stimulation [EAS], bilateral CI, CI for long-term deafness), more and more patients come into consideration for such a treatment. Hence, disputes increasingly arise between patients and their insurance companies concerning the question of whether surgery and follow-up treatment have to be paid for by statutory health insurance. This work provides an overview of judgments rendered by the German social courts. We investigated whether and in which cases it is advisable for a patient to go to court, and how long the proceedings may take. We looked for judgments in the two biggest commercial legal databases and in the database of the German social courts, using combinations of the search parameters "Cochlear," "Cochlea," "Implant," and "Implantat." Three verdicts were attained by directly contacting the court; another one was mentioned in an article. The reviewed judgements were issued between 2003 and 2017. A total of 12 judgments were found. The patients won in all but one of the main proceedings. The case that was lost concerned exceptional circumstances. One patient didn't get the desired interim measure, but won in the main proceedings. The proceedings took between 1 year and 8 months, and 9 years and 5 months. Despite the amount of time the patient has to invest, taking legal action is worthwhile. The proceedings at the social courts are generally exempt from charges. In most cases, the statutory health insurance is ordered to pay for a CI.

Sociomateriality at the Royal Court of IS

DEFF Research Database (Denmark)

Kautz, Karlheinz; Jensen, Tina Blegind

2013-01-01

understanding of the notion of sociomateriality and its use in the IS discipline. We invite the reader to attend a prolonged monologue – characterized by honesty, frank observations and wit – at the royal court of IS. The monologue is delivered by the court jester and directed to the two sovereigns who, based...

What Defines an International Criminal Court?

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

2015-01-01

that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must......Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates. Instead, it is argued...

Jurisdiction of the international Criminal Court: Analysis, loopholes ...

African Journals Online (AJOL)

Jurisdiction of the international Criminal Court: Analysis, loopholes and challenges. ... Journal Home > Vol 3 (2012) > ... One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case.

The Constitutional Court and the Imperative of its Reform

Directory of Open Access Journals (Sweden)

Claudia Gilia

2012-12-01

Full Text Available Recent debates on the upcoming review of the Constitution have determined us to pay close attention to the basic institution in a democratic state, that is the Constitutional Court. Being caught in the crossfire between power and opposition, the Constitutional Court had a hard time lately, facing severe attacks. The aim of our study is to analyze the evolution of the Constitutional Court within the inland constitutional system, particularly bringing up the flaws describing the Court’s activity. We have also analyzed the proposals put forth by several bodies or experts regarding the constitutional contentious court. At the end of our study, following an analysis of different constitutional types of constitutional review, used by a number of states in Europe, we introduced several resolutions that may improve the role, the course and, last but not least, the activity of the Romanian Constitutional Court.

Activist Infighting among Courts and Breakdown of Mutual Trust?

DEFF Research Database (Denmark)

Neergaard, Ulla; Sørensen, Karsten Engsig

2017-01-01

had itself created it out of nowhere. In turn this appeared to be an implicit reference to the widely criticized interpretative approach of the CJEU, resulting in a far-reaching willingness to espouse judicial activism. But in acting as it did, it seems ironic that the Danish Supreme Court itself......, in this article the judgments are analysed in depth and placed into their wider context. Among other matters, we have considered how the courts should strike a sensitive balance, which has to exist in the relationship between the national courts and the CJEU, requiring mutual trust or, at the least, judicial......In its combative Ajos judgment recently rendered by the Danish Supreme Court, the court openly and controversially challenged the authority of the CJEU. By the same token, in the preliminary ruling by the CJEU preceding it, the CJEU had continued to develop the controversial general principle...

High court asked to review differing definitions of 'disability'.

Science.gov (United States)

1997-02-21

[Name removed] applied for and received Social Security benefits after losing his job at The Disney Stores, Inc. [Name removed], who has AIDS, alleges he was fired in violation of the Americans with Disabilities Act (ADA). The 3rd U.S. Circuit Court of Appeals said [name removed] could not sue [name removed] because of a discrepancy between his statements on the disability application and in the lawsuit. The Court said he had to choose between suing and accepting disability benefits. The court would not accept [name removed]'s argument that the definitions of disability under the Social Security Act and the ADA differed significantly. The U.S. Supreme Court has been asked to overturn this ruling. In a related case, the Michigan Court of Appeals invoked judicial estoppel to bar a worker from suing his employer under the State Handicappers' Civil Rights Act.

UK: Welsh court reduces sentence, cites HIV status.

Science.gov (United States)

Marceau, Emmanuelle

2003-08-01

A Welsh appeal court has reduced the sentence handed down to an offender because of his HIV status, despite his lengthy criminal record. The court reduced the sentence from five to three-and-a-half years' imprisonment.

Time Standards as a Court Management Tool: The Experience in American State and Local Trial Courts

OpenAIRE

David Steelman

2010-01-01

As a public institution, the courts must be accountable for their use of a nation’s resources. The institutional independence of the judiciary from political influences and the decisional independence of individual judges in specific cases are intended not for the personal benefit of judges, but for the benefit of the society as a whole and of all those who come before the courts. Indeed, the very legitimacy of government as a whole can be powerfully reinforced by the effective operation of a...

Court Cases Involving Contracts for School Districts

Science.gov (United States)

Allen, L. Hank

2011-01-01

The purpose of this research was to analyze trends in the United States regarding contract disputes that exist in school districts. Court cases were identified at the state and federal level to determine the outcomes and the fact patterns of contract disputes. To gain the knowledge of how courts handle cases of contractual breach, contracts…

Juvenile giant fibroadenoma

Directory of Open Access Journals (Sweden)

Vipul Yagnik

2011-07-01

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

Federal Constitutional Court, decision of October 5, 1982 (''Stade'')

International Nuclear Information System (INIS)

Anon.

1983-01-01

With the decision of October 5, 1982, the preliminary appraisal committee of the Federal Constitutional Court did not accept for trial the appeal on constitutional grounds against the judgment of December 22, 1980 of the Federal Administrative Court (BVerwGE 61, 256), which dismissed the action for anulment of the 7th part-construction permit for Stade nuclear power plant launched by the apellant domiciled at a distance of about 25 km from said power plant. The committee states that there are doubts even as to the admissibility of the appeal. There is no infringement of Art. 19, Para. 4 of the Basic Law, the court says, and explains the requirements to be met by the statement proving one's case. The apellant did not explain why Art. 3, Para. 1, 2 Para. 1, or 103, Para. 1 Basic Law present a reason to commence legal proceedings, and the court comes to the conclusion that even assuming admissibility on other grounds, the action would most likely be unsuccessful. The court does not accept the opinion stated by the apellant, that the Fed. Adm. Court demanded too stringent requirements for proving one's case, in this particular case the right of third parties affected to call for legal protection. The court furthermore states that there is not sufficient reason to appeal against the preclusion of the apellant's complaints in accordance with section 7 b of the Atomic Energy Act, or section 3(1) of the Nuclear Installations Ordinance. (HP) [de

Court supervised institutional transformation in South Africa ...

African Journals Online (AJOL)

The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties. A different model of litigation is emerging in South African law. This model involves actions ...

Enrollment in mental health courts: voluntariness, knowingness, and adjudicative competence.

Science.gov (United States)

Redlich, Allison D; Hoover, Steven; Summers, Alicia; Steadman, Henry J

2010-04-01

Mental health courts (MHCs) are rapidly expanding as a form of diversion from jails and prisons for persons with mental illness charged with crimes. Although intended to be voluntary, little is known about this aspect of the courts. We examined perceptions of voluntariness, and levels of knowingness and legal competence among 200 newly enrolled clients of MHCs at two courts. Although most clients claimed to have chosen to enroll, at the same time, most claimed not to have been told the court was voluntary or told of the requirements prior to entering. The majority knew the "basics" of the courts, but fewer knew more nuanced information. A minority also were found to have impairments in legal competence. Implications are discussed.

Federal Constitutional Court, decision of 8 July 1982 ('Whyl')

International Nuclear Information System (INIS)

Anon.

1984-01-01

The Federal Constitutional Court with its decision of July 8, 1982 dismissed the action of the Sasbach Gemeinde which launched an appeal against the judgments of the Baden-Wuerttemberg Higher Administrative Court (of Oct. 17, 1980) and the Federal Administrative Court (of July 17, 1980), by which actions of said Gemeinde to annul the construction licence for unit I (South) of the Wyhl reactor were dismissed. The Federal Constitutional Court decision states that the Gemeinde as a corporate body, and not acting to perform its duties as a local authority, may not claim legal protection on the basis of Art. 14, para. 1, sentence 1 of the Basic Law. Also, the decision states, the interpretation and appropriate application of section 3, (1) of the Nuclear Installations Ordinance does not represent an infringement of the rights guaranteed by Art. 19, para. 4, sencentence 1 of the Basic Law. Nor could the Court see any reasons indicating an offense against Art. 103, (1) of the Basic Law. (HP) [de

Juvenile Idiopathic Arthritis

Directory of Open Access Journals (Sweden)

Kenan Barut

2017-04-01

Full Text Available Juvenile idiopathic arthritis is the most common chronic rheumatic disease of unknown aetiology in childhood and predominantly presents with peripheral arthritis. The disease is divided into several subgroups, according to demographic characteristics, clinical features, treatment modalities and disease prognosis. Systemic juvenile idiopathic arthritis, which is one of the most frequent disease subtypes, is characterized by recurrent fever and rash. Oligoarticular juvenile idiopathic arthritis, common among young female patients, is usually accompanied by anti-nuclear antibodie positivity and anterior uveitis. Seropositive polyarticular juvenile idiopathic arthritis, an analogue of adult rheumatoid arthritis, is seen in less than 10% of paediatric patients. Seronegative polyarticular juvenile idiopathic arthritis, an entity more specific for childhood, appears with widespread large- and small-joint involvement. Enthesitis-related arthritis is a separate disease subtype, characterized by enthesitis and asymmetric lower-extremity arthritis. This disease subtype represents the childhood form of adult spondyloarthropathies, with human leukocyte antigen-B27 positivity and uveitis but commonly without axial skeleton involvement. Juvenile psoriatic arthritis is characterized by a psoriatic rash, accompanied by arthritis, nail pitting and dactylitis. Disease complications can vary from growth retardation and osteoporosis secondary to treatment and disease activity, to life-threatening macrophage activation syndrome with multi-organ insufficiency. With the advent of new therapeutics over the past 15 years, there has been a marked improvement in juvenile idiopathic arthritis treatment and long-term outcome, without any sequelae. The treatment of juvenile idiopathic arthritis patients involves teamwork, including an experienced paediatric rheumatologist, an ophthalmologist, an orthopaedist, a paediatric psychiatrist and a physiotherapist. The primary goals

Court Culture during the Reign of Christian IV

DEFF Research Database (Denmark)

Olden-Jørgensen, Sebastian

2007-01-01

Court culture can be defined as a range of cultural forms (festival culture, painting, literature, music, architecture) employed for the enhancement of princely status and the communication of political messages. Christian IV evidently set great store on court culture beginning with his magnificent...

Federal Court of Administration confirms preclusion of objections

International Nuclear Information System (INIS)

1982-01-01

1. The preclusion established as a rule of law in sub-section 1 of sect. 3 of the Ordinance concerning the Procedure for Licensing Nuclear Installations is not only applicable to administrative proceedings, but also to administrative court proceedings. 2. In an advanced process situation, the preclusion rule of sub-section 1 of sect. 3 of the Ordinance concerning the Procedure for Licensing Nuclear Installations is applicable, this does not constitute a violation of the principle of having 'fair' proceedings. 3. Objections as defined by the above-mentioned regulation have to be presented with reference to the project and within the period allowed, during the licensing procedure concerning the project. The Federal Court of Administration has confirmed the preclusion of objections. The court dismissed the complainant's appeal against the non-admission of appeal ruled in the decision of the Administrative Court of Baden-Wuerttemberg of Nov. 7, 1980. (orig./HP) [de

High School Food Courts: A New Evolution in Student Dining.

Science.gov (United States)

Beach, George

2000-01-01

Discusses how traditional high school cafeterias have changed in recent years into food courts and dining areas usually found in shopping malls. Areas examined include food court design, traffic patterns, safety and after-hours usage, and kitchens and serving areas. How one school district turned its food court system into a successful…

The relationship between administrative court control and legislative control

International Nuclear Information System (INIS)

Beckmann, M.

1986-01-01

The legislator can determine the extent of control of administrative courts by reduction of substantive conditions. The author has the opinion that the judicial control cannot be stricter than the legislative control. For the range of the control of administrative courts is decisive, to what extent the legislator is forced to proper legislative settlements. In this context the author discusses the Kalkar-decision of the Federal Constitutional Court of 1978. (CW) [de

Brief Report: Association of Myositis Autoantibodies, Clinical Features, and Environmental Exposures at Illness Onset With Disease Course in Juvenile Myositis.

Science.gov (United States)

Habers, G Esther A; Huber, Adam M; Mamyrova, Gulnara; Targoff, Ira N; O'Hanlon, Terrance P; Adams, Sharon; Pandey, Janardan P; Boonacker, Chantal; van Brussel, Marco; Miller, Frederick W; van Royen-Kerkhof, Annet; Rider, Lisa G

2016-03-01

To identify early factors associated with disease course in patients with juvenile idiopathic inflammatory myopathies (IIMs). Univariable and multivariable multinomial logistic regression analyses were performed in a large juvenile IIM registry (n = 365) and included demographic characteristics, early clinical features, serum muscle enzyme levels, myositis autoantibodies, environmental exposures, and immunogenetic polymorphisms. Multivariable associations with chronic or polycyclic courses compared to a monocyclic course included myositis-specific autoantibodies (multinomial odds ratio [OR] 4.2 and 2.8, respectively), myositis-associated autoantibodies (multinomial OR 4.8 and 3.5), and a documented infection within 6 months of illness onset (multinomial OR 2.5 and 4.7). A higher overall clinical symptom score at diagnosis was associated with chronic or monocyclic courses compared to a polycyclic course. Furthermore, severe illness onset was associated with a chronic course compared to monocyclic or polycyclic courses (multinomial OR 2.1 and 2.6, respectively), while anti-p155/140 autoantibodies were associated with chronic or polycyclic courses compared to a monocyclic course (multinomial OR 3.9 and 2.3, respectively). Additional univariable associations of a chronic course compared to a monocyclic course included photosensitivity, V-sign or shawl sign rashes, and cuticular overgrowth (OR 2.2-3.2). The mean ultraviolet index and highest ultraviolet index in the month before diagnosis were associated with a chronic course compared to a polycyclic course in boys (OR 1.5 and 1.3), while residing in the Northwest was less frequently associated with a chronic course (OR 0.2). Our findings indicate that myositis autoantibodies, in particular anti-p155/140, and a number of early clinical features and environmental exposures are associated with a chronic course in patients with juvenile IIM. These findings suggest that early factors, which are associated with poorer

Time Standards as a Court Management Tool: The Experience in American State and Local Trial Courts

Directory of Open Access Journals (Sweden)

David Steelman

2010-04-01

Full Text Available As a public institution, the courts must be accountable for their use of a nation’s resources. The institutional independence of the judiciary from political influences and the decisional independence of individual judges in specific cases are intended not for the personal benefit of judges, but for the benefit of the society as a whole and of all those who come before the courts. Indeed, the very legitimacy of government as a whole can be powerfully reinforced by the effective operation of an independent judiciary.

The Impact of an Indiana (United States Drug Court on Criminal Recidivism

Directory of Open Access Journals (Sweden)

John R. Gallagher

2014-07-01

Full Text Available This study evaluated a drug court located in a metropolitan area of Indiana (United States, focusing specifically on identifying variables that predicted recidivism among drug court participants and comparing criminal recidivism patterns among drug court and probation participants. Drug court participants were most likely to recidivate if they were younger, had a violation within the first 30 days of the program, had a previous criminal record, and were terminated unsuccessfully from the program. Furthermore, drug court participants were less likely to recidivate than probationers who had similar offense and demographic characteristics. Implications for drug court practice, policy advocacy, and future research are discussed.

Nuclear weapons and the World Court ruling

International Nuclear Information System (INIS)

Singh, J.

1998-01-01

based on the initiatives by non-governmental organizations, the World Health Organisation (WHO) Assembly asked the International Court of Justice for an advisory opinion in 1993 whether, considering the environmental and health consequences, the use of nuclear weapons by a state in war or other armed conflict would be a breach of its obligations under international law. The World Court decided that it was not able to give an advisory opinion as requested, because of the fact that questions of use of force and such like were beyond the scope of specialized agencies like the WHO. The Court has ruled that the international community, especially the five nuclear weapon states have not only an obligation to negotiate a treaty for total nuclear disarmament, but also have an obligation to conclude such treaty. We may expect that the nuclear weapon states will cynically disregard the ruling of the World Court as they have been doing to the basic obligation itself in pursuit of nuclear hegemony. But the remaining 150 countries or so also bear a responsibility to keep nudging the recalcitrant states into implementing their commitments to disarm

Court Interpreting in Denmark - the role of court interpreters in Danish courtrooms

DEFF Research Database (Denmark)

Jacobsen, Bente

1999-01-01

Court interpreters in Denmark are expected to follow the guidelines laid down in the document Instructions for Interpreters, which was published in 1994, and which deals with four principal areas: accuracy and completeness, impartiality, confidentiality and conflict of interest. This paper contends...

Establishing an effective dialog between courts and agencies

NARCIS (Netherlands)

Humphery-Jenner, Mark L.

2013-01-01

This thesis examines the relationship between courts, administrators, and legislators. The goal is to improve the operation of judicial review in the United States and provide suggestions on how to enhance emerging doctrines of judicial review in the EU. The thesis focuses on how courts, agencies,

Introduction. National Courts vis-à-vis EU Law

DEFF Research Database (Denmark)

Mayoral, Juan A.; Wind, Marlene

2016-01-01

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour...

16 CFR 1502.44 - Review by the courts.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Review by the courts. 1502.44 Section 1502.44 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS PROCEDURES FOR FORMAL EVIDENTIARY PUBLIC HEARING Judicial Review § 1502.44 Review by the courts...

The reasonable woman standard: effects on sexual harassment court decisions.

Science.gov (United States)

Perry, Elissa L; Kulik, Carol T; Bourhis, Anne C

2004-02-01

Some federal courts have used a reasonable woman standard rather than the traditional reasonable man or reasonable person standard to determine whether hostile environment sexual harassment has occurred. The current research examined the impact of the reasonable woman standard on federal district court decisions, controlling for other factors found to affect sexual harassment court decisions. Results indicated that there was a weak relationship between whether a case followed a reasonable woman precedent-setting case and the likelihood that the court decision favored the plaintiff. The implications of our findings for individuals and organizations involved in sexual harassment claims are discussed.

Effects of Admission and Treatment Strategies of DWI Courts on Offender Outcomes

Science.gov (United States)

Sloan, Frank A.; Chepke, Lindsey M.; Davis, Dontrell V.; Acquah, Kofi; Zold-Kilbourne, Phyllis

2013-01-01

Purpose The purpose of this study is to classify DWI courts on the basis of the mix of difficult cases participating in the court (casemix severity) and the amount of involvement between the court and participant (service intensity). Using our classification typology, we assess how casemix severity and service intensity are associated with program outcomes. We expected that holding other factors constant, greater service intensity would improve program outcomes while a relatively severe casemix would result in worse program outcomes. Methods The study used data from 8 DWI courts, 7 from Michigan and 1 from North Carolina. Using a 2-way classification system based on court casemix severity and program intensity, we selected participants in 1 of the courts, and alternatively 2 courts as reference groups. Reference group courts had relatively severe casemixes and high service intensity. We used propensity score matching to match participants in the other courts to participants in the reference group court programs. Program outcome measures were the probabilities of participants’: failing to complete the court’s program; increasing educational attainment; participants improving employment from time of program enrollment; and re-arrest. Results For most outcomes, our main finding was that higher service intensity is associated with better outcomes for court participants, as anticipated, but a court’s casemix severity was unrelated to study outcomes. Conclusions Our results imply that devoting more resources to increasing duration of treatment is productive in terms of better outcomes, irrespective of the mix of participants in the court’s program PMID:23416679

25 CFR 11.905 - Jurisdiction.

Science.gov (United States)

2010-04-01

... INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.905 Jurisdiction. The children's court has exclusive, original jurisdiction of the... established is alleged to be a juvenile offender, unless the children's court transfers jurisdiction to the...

Applying the Case Management CourTools: Finding from an Urban Trial Court

Directory of Open Access Journals (Sweden)

Collins E. Ijoma

2012-06-01

Full Text Available The National Center for State Courts (NCSC recently promulgated 10 trial court performance measures, referred to as CourTools. Measures 2, 3, 4, and 5 provide a methodology by which court managers can examine their management and processing of cases. The measures include clearance rate (measure 2, time to disposition (measure 3, age of active pending caseload (measure 4, and trial date certainty (measure 5. The objective of this research was threefold. The first aim was to assess the viability of using the case management measures to examine case processing trends in a New Jersey (NJ urban trial court. Each measure was reviewed to determine the tool’s applicability to the criminal division of the court. The second objective (pursued as a parallel to the first was to present the findings in the same context as the CourTools’ framework to determine its practicality. The final goal was to serve as a platform for other courts on the national and international level that do not yet use performance measures. These courts, diverse as they are, may use the methodologies and findings of this case study as a reference and guide to develop their own program to measure the court’s productivity and efficiency. To that end, this case study sought to answer the following questions in determining the applicability of the CourTools to the selected court and by extension, its potential for more universal application to other court systems. First, what is the relevance of measurements to the courts and why is it important, if at all? Second, what are the CourTools? Third, can the measurement model be applied to an actual court and if so, how is it executed and illustrated in practice? Finally, what are the implications of the findings for the court in question, as well as, other courts that seek to incorporate the CourTools to measure performance?

8 CFR 1003.23 - Reopening or reconsideration before the Immigration Court.

Science.gov (United States)

2010-01-01

... Immigration Court. 1003.23 Section 1003.23 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.23 Reopening or reconsideration before the Immigration Court. (a) Pre-decision motions...

8 CFR 1003.46 - Protective orders, sealed submissions in Immigration Courts.

Science.gov (United States)

2010-01-01

... Immigration Courts. 1003.46 Section 1003.46 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.46 Protective orders, sealed submissions in Immigration Courts. (a) Authority. In any...

Juvenile angiofibromer

DEFF Research Database (Denmark)

Thuesen, Anne Daugaard; Jakobsen, John; Nepper-Rasmussen, Jørgen

2005-01-01

Juvenile angiofibroma is a rare, benign, rich vascular tumor, and approximately one new case is diagnosed in Denmark each year. It sits in the foramen sphenopalatinum and occurs in boys from 14 to 25 years of age. The most frequent initial symptoms are nasal obstruction and epistaxis. Through...... the years, the treatment of juvenile angiofibroma has included many methods, including surgical excision, electrocoagulation, interstitial or external radiation therapy, cryosurgery, hormone administration and chemotherapy. Radiation, chemotherapy and surgery have proven to be the most effective treatments...

22 CFR 19.6-2 - Qualifying court order.

Science.gov (United States)

2010-04-01

... principal's Foreign Service retirement benefit or survivor benefit. If a court directs or implies that a... Foreign Relations DEPARTMENT OF STATE PERSONNEL BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN... the Secretary of State. A qualifying court order must— (1) Be consistent with the terms of the Act and...

Supreme Court Review

Science.gov (United States)

Williams, Charles F.

2009-01-01

By the end of the 2008-2009 term, Justice David Souter's decision to return to New Hampshire and President Obama's nomination of Sonia Sotomayor to replace him on the bench had taken over the Supreme Court news cycle. In the end, the consensus has been that, with the possible exception of criminal justice issues, swapping out Souter for Sotomayor…

Superior Administrative Court Baden-Wuerttemberg. Judgement of March 30, 1982 (Wyhl)

International Nuclear Information System (INIS)

Anon.

1983-01-01

Presentation and discussion of the leading statements of the decision delivered by the Mannheim Superior Administrative Court on March 30, 1982 concerning the Wyhl nuclear power plant, unit 1. With this decision, covering 548 pages, the Superior Administrative Court changed the decision of the Freiburg Administrative Court of the year 1977 and finally dismissed the action for annulment of the construction licence. The Superior Administrative Court acted upon the appeal brought in by the Land and the plant operator, Kernkraftwerksgesellschaft. (CB) [de

Parenting and juvenile delinquency

NARCIS (Netherlands)

Hoeve, M.

2008-01-01

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

Mental health courts and their selection processes: modeling variation for consistency.

Science.gov (United States)

Wolff, Nancy; Fabrikant, Nicole; Belenko, Steven

2011-10-01

Admission into mental health courts is based on a complicated and often variable decision-making process that involves multiple parties representing different expertise and interests. To the extent that eligibility criteria of mental health courts are more suggestive than deterministic, selection bias can be expected. Very little research has focused on the selection processes underpinning problem-solving courts even though such processes may dominate the performance of these interventions. This article describes a qualitative study designed to deconstruct the selection and admission processes of mental health courts. In this article, we describe a multi-stage, complex process for screening and admitting clients into mental health courts. The selection filtering model that is described has three eligibility screening stages: initial, assessment, and evaluation. The results of this study suggest that clients selected by mental health courts are shaped by the formal and informal selection criteria, as well as by the local treatment system.

The International Criminal Court at the crossroads

Directory of Open Access Journals (Sweden)

Abdelwahab Biad

2010-05-01

Full Text Available Since the adoption of the Statute of Rome in July 1998, the ICC has been confronted by a number of problems. One such problem is the disagreement which persists among the members of the Assembly of Member States as to whether the crime of Aggression is one over which the Court has competence pursuant to Article 5 of the Statute. Another diffi culty is the opposition of the United States of America which, since the Bush Administration, has deployed a juridical arsenal with the aim of impeding any type of collaboration with the ICC; the tools in the arsenal include the American Service Members’ Protection Act and bilateral immunity agreements which prevent the transfer of American citizens to the Court by State members of the Rome Statute. The entry into force of the of the Statute on 1 July 2002 allowed the Court Prosecutor to initiate the fi rst investigations and processes for war crimes and crimes against humanity committed in the confl icts which have devastated certain African States (D.R.C., The Central African Republic and Uganda. The arrest warrant against the Sudanese President Omar Al Bashir for atrocities committed in Darfur demonstrates the limitations of action on the Court which cannot carry out its mandate without the cooperation of the States. Above all, the Court must confront the criticism of “double standards” and that it is an instrument of “justice for the poor”, while the “powerful” escape. The answers to these problems can be contributed to, in part, through the revision process foreseen by the Statute nine years after its entry into force.

The European Union Court of Justice after the Treaty of Lisbon

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2016-01-01

Full Text Available Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed. The latest reform of the judicial system of the European Union, put into effect by the Lisbon Treaty, largely relies on solutions contained in the unaccepted Treaty on the Constitution for Europe. Novelties that this treaty brings could be grosso modo divided into several basic categories. First, there are organizational changes related to the different name and composition of the courts, appointment of judges and advocates-general and the formation of specialized courts. The new terminology and organization aims to provide a clear distinction between the Court of Justice of the EU, which is an aggregate term or generic designation for the entire judicial system of the Union, and special judicial bodies that enter into its composition. These are the Court of Justice as the highest authority, the General Court which is actually the renamed Court of First Instance, and specialized courts that replaced the judicial panels. The second category includes changes that expand the jurisdiction of the Court to certain new areas owing to the abolition of the former EU pillar structure and the dissolution of the European Community. On such a basis, an integration of court jurisdiction regarding the first and third pillar ensued, as the Court of Justice was vested with general and compulsory jurisdiction over the entire law created in the newly established area of freedom, security and justice. The exception is the area of common foreign and security policy, in which the Court's jurisdiction still remains excluded. The third type of amendment extends the scope of judicial reviews of the validity of acts adopted by EU institutions and enables authorized subjects an easier access to the Court. Their aim is to strengthen the rule of law within the legal system of

Juvenile delinquency and correctional treatment in Britain

OpenAIRE

堀尾, 良弘; ホリオ, ヨシヒロ; Yoshihiro, Horio

2006-01-01

Japanese modernistic culture is influenced not a little from Britain. In looking at the Juvenile Law and the history of correctional treatment in Britain, understanding of today's juvenile delinquency and treatment deepen. Moreover, the background and issue of juvenile delinquency in Britain are also discussed. As a feature of the juvenile delinquency in Britain, the common field with Japan and the field peculiar to Britain became clear in each. It is common to the world that the juvenile del...

Juvenile prison in parallel legislation

Directory of Open Access Journals (Sweden)

Lutovac Mitar

2016-01-01

Full Text Available The need for punishment of juveniles occurred from the time when there was no clear line separating them from the adult criminal population. At the same time, the evolution of the juvenile punishment is not in itself involve substantial changes to their criminal status. On the contrary, the status of minors in society did not show serious differences regarding the status of young adults, as well as the adult elderly. On the other hand, on the ground of their punishment is recorded deviations that go in the direction of application of mild corporal punishment. Closing the minor was performed in a physically separate parts of the general penal institutions with the use of a lower degree of restrictions while serving juvenile prison. Due to the different treatment of minors during the evolution of their criminal status leads to their different treatment in comparative law. That is why we are witnessing the existence of numerous differences in the juvenile punishment in some countries in the world. On the European continent there is a wide range of different legal solutions when it comes to punishing juveniles. There are considerable differences in the procedure pronouncing juvenile prison and in particular penal treatment of juveniles in penitentiary institutions. For these reasons, the author has decided to show the basic statutory provisions in the part that relates to the issue of punishment of minors in the legislation of individual countries.

Employers liability to the international criminal court

Directory of Open Access Journals (Sweden)

Yenifer Yiseth Suárez Díaz

2014-01-01

Full Text Available The constant changes in the social dynamics due to economic and technological development has brought along the need to dispose of a High Court, with competence over International Crimes. The above was the reason to establish the International Criminal Court, destined to prosecute and punish the maximum responsible for crimes of its jurisdiction. Nonetheless, despite the existence of individual criminal responsibility as an accomplice in the case of entrepreneurs who contribute to the crime, there is not an actual investigation or conviction as such in the Court fase for those individuals. Through a criminological study, the actions in the frame of the criminal policy in international law, in order to hold individual criminal responsibility towards entrepreneurs for international crimes, will be evaluated, from the dogmatic categories established in the international guidelines as well as from international doctrine.

HIV/STI Risk Behavior of Drug Court Participants

Science.gov (United States)

Robertson, Angela A.; St. Lawrence, Janet S.; McCluskey, D. Lee

2012-01-01

Drug abusing offenders have high rates of HIV and other sexually transmitted infections (STI). To date, the HIV/STI prevention needs of offenders in drug court programs have been ignored. This multi-method study employed interviews to assess drug court professionals' perceptions of the need for an HIV risk reduction intervention to be integrated…

9 CFR 205.211 - Applicability of court decisions under the UCC.

Science.gov (United States)

2010-01-01

... OF FARM PRODUCTS Interpretive Opinions § 205.211 Applicability of court decisions under the UCC. (a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Applicability of court decisions under...

Sources of International Courts' Legitimacy: A comparative study

DEFF Research Database (Denmark)

Godzimirska, Zuzanna; Creamer, Cosette

Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the reas......Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... of supply-side factors— the features, roles and practices of a court—in assessing its legitimacy, we argue that demand-side factors—namely the characteristics of the evaluating state—also largely determine the sources of an IC’s legitimacy. To support and illustrate this argument, we examine statements...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...

Court Administrators and the Judiciary — Partners in the Delivery of Justice

Directory of Open Access Journals (Sweden)

Wayne Stewart Martin

2014-12-01

Full Text Available This article examines several topics relating to the administration and governance of courts in democratic societies.  It includes a summary of the development of court administration as a profession, highlighting Australia and the United States.  The summary includes a discussion of how judges and court administrators must work together and coordinate their efforts in key areas of court administration and management.  The article also reviews separation of powers issues, highlighting the problems that emerge in systems in which oversight and administration of the courts is vested in the executive branch or power of government, most commonly in a justice ministry.  It reviews the practical advantages of having courts governed and managed through institutional mechanisms within the judicial power rather than the executive power.

Legal positions of the Constitutional Court of Ukraine: main signs and definition

Directory of Open Access Journals (Sweden)

Romana Reva

2016-04-01

Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

The Modernization of the Audit Courts of Brazil: PROMOEX deployment assessment in Audit Courts subnational

Directory of Open Access Journals (Sweden)

Diones Gomes da Rocha

2017-09-01

Full Text Available Mainly since the Brazilian Federal Constitution of 1988, the Brazilian Courts of Accounts (TC had expanded its expertise to carry out the control of management of public entities on different perspectives, such as operational, accounting, budgetary and financial. The differences between these institutions in terms of economic, technological and human resources were factors that made it difficult to adapt these institutions to the new acquired competences. The Promoex then emerged as a solution for modernization of Brazilian subnational Courts of Accounts. Such solution had funds of US $ 64.4 million dollars. The purpose of this research, therefore, is to assess the implementation of this program by 33 TCs. The evaluation was conducted from documents collected from web pages of MPOG, ATRICON, IRB and the Portal of Brazil Courts of Accounts. The Loan Agreement 1628-OC / BR, Object Compliance Report, Progress Reports of the 1st and 2nd semesters of 2013 (final report, and surveys conducted by the FIA and FGV also were scrutinized. The results indicate that the Promoex was less than expected; the modernization proposals were more focused on solving administrative problems, as well as by the low impact of Promoex over the actions developed by the TCs.

IsTeen Court effective for repeat offenders? A test of the restorative justice approach.

Science.gov (United States)

Forgays, Deborah Kirby; DeMilio, Lisa

2005-02-01

Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.

Punishing Genocide: A Comparative Empirical Analysis of Sentencing Laws and Practices at the International Criminal Tribunal for Rwanda (ICTR, Rwandan Domestic Courts, and Gacaca Courts

Directory of Open Access Journals (Sweden)

Barbora Hola

2016-12-01

Full Text Available This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time in prison to death sentences. We likewise find that sentencing at the domestic courts appears to have been comparatively more serious than sentencing at the ICTR and at the Gacaca courts, which calls into question consistency of sentences across levels of justice and should be explored in future research.

Bilateral, independent juvenile nasopharyngeal angiofibroma

DEFF Research Database (Denmark)

Mørkenborg, Marie-Louise; Frendø, M; Stavngaard, T

2015-01-01

BACKGROUND: Juvenile nasopharyngeal angiofibroma is a benign, vascular tumour that primarily occurs in adolescent males. Despite its benign nature, aggressive growth patterns can cause potential life-threatening complications. Juvenile nasopharyngeal angiofibroma is normally unilateral, originating...... from the sphenopalatine artery, but bilateral symptoms can occur if a large tumour extends to the contralateral side of the nasopharynx. This paper presents the first reported case of true bilateral extensive juvenile nasopharyngeal angiofibroma involving clinically challenging pre-surgical planning...... embolisation. Radical removal performed as one-step, computer-assisted functional endoscopic sinus surgery was performed. The follow-up period was uncomplicated. CONCLUSION: This case illustrates the importance of suspecting bilateral juvenile nasopharyngeal angiofibroma in patients presenting with bilateral...

Criminal Profiles of Violent Juvenile Sex and Violent Juvenile Non-Sex Offenders: An Explorative Longitudinal Study

Science.gov (United States)

van Wijk, Anton Ph.; Mali, Bas R. F.; Bullens, Ruud A. R.; Vermeiren, Robert R.

2007-01-01

Few studies have longitudinally investigated the criminal profiles of violent juvenile sex and violent juvenile non-sex offenders. To make up for this lack, this study used police records of juveniles to determine the nature of the criminal profiles of violent sex offenders (n = 226) and violent non-sex offenders (n = 4,130). All offenders…

Grounds for the Specialization of Courts and Judges in Russia

Directory of Open Access Journals (Sweden)

Lydia Terekhova

2014-01-01

Full Text Available This article touches upon the different ways of specialization of courts and judges that exist under the legislation of the Russian Federation. The lack of a unified and circumspect approach is noted. The formation of specialized courts, according to the national legislation, takes the form of their establishing within the existing subsystems of regular and arbitration courts. As for the specialization of judges, it is more diversified and is presented by either creation of separate types of procedure (special proceedings, proceedings on cases arising from public relations and some other, or by introduction of special rules on jurisdiction that establish competence of specific courts to consider cases of a particular category: on the compensation for the excessive time taken to consider a case, on the adoption of a child by a foreign national and others.An analysis of existing literature on the issue in question shows that Russian scholars support the idea of judges’ specialization. Against specialization of courts the following arguments are brought: significant material costs, not being in accordance with the small number of cases decided by specialized courts; problems with access to justice; and the necessity to give special training to narrowly specialized judges.

Juvenile morphology in baleen whale phylogeny.

Science.gov (United States)

Tsai, Cheng-Hsiu; Fordyce, R Ewan

2014-09-01

Phylogenetic reconstructions are sensitive to the influence of ontogeny on morphology. Here, we use foetal/neonatal specimens of known species of living baleen whales (Cetacea: Mysticeti) to show how juvenile morphology of extant species affects phylogenetic placement of the species. In one clade (sei whale, Balaenopteridae), the juvenile is distant from the usual phylogenetic position of adults, but in the other clade (pygmy right whale, Cetotheriidae), the juvenile is close to the adult. Different heterochronic processes at work in the studied species have different influences on juvenile morphology and on phylogenetic placement. This study helps to understand the relationship between evolutionary processes and phylogenetic patterns in baleen whale evolution and, more in general, between phylogeny and ontogeny; likewise, this study provides a proxy how to interpret the phylogeny when fossils that are immature individuals are included. Juvenile individuals in the peramorphic acceleration clades would produce misleading phylogenies, whereas juvenile individuals in the paedomorphic neoteny clades should still provide reliable phylogenetic signals.

The courts in Renaissance Italy

Directory of Open Access Journals (Sweden)

Beatrice Del Bo

2011-09-01

Full Text Available This review article offers a brief introduction to the issue of the courts in Renaissance Italy along with a selective description of bibliographic sources and electronic resources.

legal pluralism, sharia courts, and constitutional issues in ethiopia

African Journals Online (AJOL)

eliasn

of sharia courts. These laws include the Proclamation to Consolidate Federal. Courts of ... This is found in the statement of the Prophet: 'leave the ...... some support (which may be financial or enforcement).81 To this end, the state may, as in ...

Larval, pre-juvenile and juvenile development of Diapterus peruvianus (Perciformes: Gerreidae

Directory of Open Access Journals (Sweden)

Sylvia Patricia Adelheid Jiménez Rosenberg

2003-06-01

Full Text Available The development of Diapterus peruvianus (Sauvage 1879 is based on 60 larvae collected in superficial tows made in Bahía Concepción, and on 16 prejuvenile and juvenile organisms collected in Bahía de La Paz, B. C. S., México, using a standard plankton net and a rectangular epibenthonic net, respectively. Larvae of D. peruvianus show three large blotches on the dorsum of the gut that can fuse together and give the appearance of one large continuous blotch. There are two to three pre-anal pigments and 16 post-anal pigments in the ventral midline; cephalic pigments are present from the postflexion stage, as well as a serrated preoperculum. The prejuvenile and juvenile organisms are distinguished by their body depth, the analfin formula, the serrated preoperculum and the base pigments in the dorsal and anal fins.El desarrollo de Diapterus peruvianus se analizó con base en 60 larvas recolectadas en Bahía Concepción y 16 pre-juveniles y juveniles recolectados en la Ensenada de La Paz, B. C. S. México, usando respectivamente, una red estándar de plancton en arrastres superficiales y una red epibentónica para arrastres de plancton. Las larvas presentan desde la pre-flexión tres manchas alargadas sobre la superficie dorsal de la masa visceral, que pueden unirse y dar apariencia de pigmentación continua, observándose hasta 16 pigmentos post-anales en la línea media ventral y de dos a tres pigmentos pre-anales; la pigmentación cefálica así como la forma aserrada del pre-opérculo característica del género, aparecen a partir de la post-flexión. Los organismos pre-juveniles y juveniles se distinguen por la profundidad del cuerpo, la fórmula de la aleta anal, la fina forma aserrada del pre-opérculo y la pigmentación en la base de las aletas dorsal y anal.

The European Court of Human Rights, Secular Education and Public Schooling

Science.gov (United States)

Arthur, James; Holdsworth, Michael

2012-01-01

Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education…

CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

Directory of Open Access Journals (Sweden)

Yuliya Nadtochey

2017-01-01

Full Text Available The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.The methodology of this research consists of universal methods (such as analysis, synthesis, comparison and jurisprudence-specific methods.In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.

Legal remedies in the proceedings before the Court of Justice of the European Union

Directory of Open Access Journals (Sweden)

Radivojević Zoran

2014-01-01

Full Text Available Legal remedies applied in the proceedings before the Court of Justice of the European Union have some distinctive features as compared to the legal remedies used in the national judicial systems. At first, the communitarian justice system originally did not envisage the possibility of filing an appeal with this Court as a regular legal remedy but there were other remedies that could be pursued in respect of the judgments issued by the Court. After the establishment of the Court of First Instance, the Procedural Law of the European Union introduced the possibility of filing an appeal with the Court of Justice against the judgments of the Court of First Instance. Later, the Court of First Instance became competent to decide on appeals against the judgments rendered by the judicial panels, which were established in the meantime. The Court of First Instance and judicial panels reserved the possibility of using other legal remedies against the final decisions rendered by these judicial authorities. In this respect, the Lisbon Treaty did not bring any significant changes, except that the Court of First Instance was renamed into the General Court whereas the judicial panels were designated as specialized courts. Taking into account the system of legal remedies recognized by the Procedural Law of the European Union, the first part of the paper deals with appeals as a regular legal instrument for bringing the case before a higher instance court which is to review the judgment of a lower instance court, including appeals against the decisions of the General Court and specialized courts. In the second part of the paper, the authors focus on the legal remedies which are awarded by the same court that issued the judgment. This category includes the application of a third party and revision, which may be considered as extraordinary legal remedies, as well as the objection against the judgment by default, judgment interpretation, judgment rectification and

The Supreme Court's Role in Defining the Jurisdiction of Military Courts: A Study and Proposal

National Research Council Canada - National Science Library

Baldrate, Brian C

2005-01-01

.... Rather than creating a consistent precedent, the Court's decisions have led to arbitrary results and an increased uncertainty about whether the military commissions at Guantanamo Bay, Cuba, are constitutional...

Juvenile Residential Facility Census, 2010: Selected Findings. Juvenile Offenders and Victims: National Report Series. Bulletin NCJ 241134

Science.gov (United States)

Hockenberry, Sarah; Sickmund, Melissa; Sladky, Anthony

2013-01-01

This bulletin is part of the "Juvenile Offenders and Victims National Report Series." The "National Report" offers a comprehensive statistical overview of the problems of juvenile crime, violence, and victimization and the response of the juvenile justice system. During each interim year, the bulletins in the "National…

Treatment as Part of Drug Court: The Impact on Graduation Rates

Science.gov (United States)

Taxman, Faye S.; Bouffard, Jeffrey A.

2005-01-01

Drug treatment is one of the critical components of drug court programming, yet it has not been thoroughly studied in the drug court literature. Very little is understood about the nature of drug treatment services provided in the drug court setting. The purpose of this study was to examine the effects of selected treatment variables on drug court…

Juvenile Confinement in Context

Science.gov (United States)

Mendel, Richard A.

2012-01-01

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

Finding Vredo: the Dutch Supreme Court decision on escitalopram

NARCIS (Netherlands)

Tsoutsanis, A.

2014-01-01

This article is about the pharma patent litigation sparked by Lundbeck's blockbuster drug for escitalopram. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court, while also briefly contrasting and comparing this with the decisions in

Juvenile Angiofibroma: Evolution of Management

Science.gov (United States)

Nicolai, Piero; Schreiber, Alberto; Bolzoni Villaret, Andrea

2012-01-01

Juvenile angiofibroma is a rare benign lesion originating from the pterygopalatine fossa with distinctive epidemiologic features and growth patterns. The typical patient is an adolescent male with a clinical history of recurrent epistaxis and nasal obstruction. Although the use of nonsurgical therapies is described in the literature, surgery is currently considered the ideal treatment for juvenile angiofibroma. Refinement in preoperative embolization has provided significant reduction of complications and intraoperative bleeding with minimal risk of residual disease. During the last decade, an endoscopic technique has been extensively adopted as a valid alternative to external approaches in the management of small-intermediate size juvenile angiofibromas. Herein, we review the evolution in the management of juvenile angiofibroma with particular reference to recent advances in diagnosis and treatment. PMID:22164185

Juvenile Angiofibroma: Evolution of Management

Directory of Open Access Journals (Sweden)

Piero Nicolai

2012-01-01

Full Text Available Juvenile angiofibroma is a rare benign lesion originating from the pterygopalatine fossa with distinctive epidemiologic features and growth patterns. The typical patient is an adolescent male with a clinical history of recurrent epistaxis and nasal obstruction. Although the use of nonsurgical therapies is described in the literature, surgery is currently considered the ideal treatment for juvenile angiofibroma. Refinement in preoperative embolization has provided significant reduction of complications and intraoperative bleeding with minimal risk of residual disease. During the last decade, an endoscopic technique has been extensively adopted as a valid alternative to external approaches in the management of small-intermediate size juvenile angiofibromas. Herein, we review the evolution in the management of juvenile angiofibroma with particular reference to recent advances in diagnosis and treatment.

Reviewing the National Courts in Creating Orderly International Law and Community

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Johanis Leatemia

2017-08-01

Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts().

Science.gov (United States)

Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

2013-01-01

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes.

USTC & TBA Guidelines for Tennis Court & Running Track Construction.

Science.gov (United States)

United States Tennis Court & Track Builders Association.

Guidelines are presented on tennis court and track and field construction that reflect the latest developments in construction technology, methodology, and practice. Based on contributions from experienced certified tennis court and track builders, material suppliers and design professionals, this manual examines each of the critical areas of…

Abused and Neglected Children in Court: Knowledge and Attitudes

Science.gov (United States)

Block, Stephanie D.; Oran, Howard; Oran, Diane; Baumrind, Nikki; Goodman, Gail S.

2010-01-01

Objective: After maltreated children are taken into protective custody, dependency courts determine the children's placements. Many, if not most, maltreated children never attend their dependency court hearings. We had the rare opportunity to interview children in a jurisdiction where children regularly attend their detention hearings in…

20 CFR 405.515 - Application of circuit court law.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 405.515 Section 405.515 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.515 Application of circuit court law. We will...

16 CFR 1.62 - Ancillary court orders pending review.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Ancillary court orders pending review. 1.62 Section 1.62 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE GENERAL PROCEDURES Injunctive and Condemnation Proceedings § 1.62 Ancillary court orders pending review...

The Problem of Emergency in the American Supreme Court

DEFF Research Database (Denmark)

Ugilt, Rasmus; Hartz, Emily

2011-01-01

Sixty years before Carl Schmitt wrote his Political Theology, and more than a 100 years before President Bush announced a ‘war on terrorism’ the American Supreme Court grappled with the difficult issue of emergency powers in connection with issues arising out of the American Civil War (1861......–1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the American...... Constitution specifically allocates the power to declare war to Congress. The Court solved the dilemma by arguing that in cases where no war has been declared, the decision whether the country is in a state of war is ultimately ‘a question to be decided by him [the President], and [the Supreme] Court must...

Good Faith in Life Insurance Contract by Indonesian Court

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Mokhamad Khoirul Huda

2017-03-01

Full Text Available This paper reviews both the interpretation of good faith and its implementation by the Court in terms of life insurance contracts. The principle of good faith in life insurance contracts was under the provision of the Article 251 Wet Boek van Kophandel which assigned the obligation of good faith on the insured. Based on the context of its historical and systematical interpretation, the obligation of good faith should be on both sides, the insurer and the insured. The insured had an obligation to inform any material facts and the insurer had to investigate those all facts. Until recent days, however, judges in all levels of Court did not have any shared and full understanding on the interpretation of good faith in life insurance contracts. As the result, many Courts were frequently inconsistent with each other. Hence, the sense of fairness the people perceived from the court verdict was not achieved.

The Control of Environment Management Through Administrative Court

Science.gov (United States)

Putrijanti, Aju

2018-02-01

Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment's lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government's decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by settle environment disputes based on the importance of environment. The administrative decisions in environment field may cause a loss or damage for the people. When the public officer did not put the appreciation to the reuse of environment and principle of good governance, it will become problems. The decision should be environmentally friendly. There should be certified judge to settle the dispute. The method of this research by examines the Judge's verdict in environment disputes, and its relation with regulations and the newest issues. The conclusion is increase the role of the Administrative Court to maintain the environment by law enforcement through settle environment disputes.

Adaptive Interventions in Drug Court: A Pilot Experiment

Science.gov (United States)

Marlowe, Douglas B.; Festinger, David S.; Arabia, Patricia L.; Dugosh, Karen L.; Benasutti, Kathleen M.; Croft, Jason R.; McKay, James R.

2009-01-01

This pilot study (N = 30) experimentally examined the effects of an adaptive intervention in an adult misdemeanor drug court. The adaptive algorithm adjusted the frequency of judicial status hearings and clinical case-management sessions according to pre-specified criteria in response to participants' ongoing performance in the program. Results revealed the adaptive algorithm was acceptable to both clients and staff, feasible to implement with greater than 85% fidelity, and showed promise for eliciting clinically meaningful improvements in drug abstinence and graduation rates. Estimated effect sizes ranged from 0.40 to 0.60 across various dependent measures. Compared to drug court as-usual, participants in the adaptive condition were more likely to receive responses from the drug court team for inadequate performance in the program and received those responses after a substantially shorter period of time. This suggests the adaptive algorithm may have more readily focused the drug court team's attention on poorly-performing individuals, thus allowing the team to “nip problems in the bud” before they developed too fully. These preliminary data justify additional research evaluating the effects of the adaptive algorithm in a fully powered experimental trial. PMID:19724664

Compensation in Indian courts: Appropriate for environmental catastrophies

International Nuclear Information System (INIS)

Bongaerts, J.C.; Heinrichs, D.

1985-01-01

Suppose Indian courts would have had to deal with claims for compensation by victims and their relatives after the December 3, 1984 tragedy at Bhopal. Indian jurisprudence has no experience with claims for compensation with respect to damages following environmental catastrophes. For that reason no empirical investigation of the decision making by courts is possible. We may however gain some insight in the way courts would operate by looking into related cases. Automobile accidents may eventually constitute such a substitute set of cases, since they usually stem from a catastrophic concurrence of circumstances. Using a data set comprising some 140 cases from the Indian jurisprudence we empirically investigated the courts' decision making. For that purpose a model of decision making was set up and tested econometrically. We found a strong tendency to systematic behaviour and a strict adherence to the principles of Common Law. We also found that judges consider the cultural setting of their country, since they incorporate convictions on the duties of parents towards children. Finally, as expected, the occurrence of death and the degree of injury have a highly statistically different impact upon the amount of compensation. (orig./PW) [de

The influence of tennis court surfaces on player perceptions and biomechanical response.

Science.gov (United States)

Starbuck, Chelsea; Damm, Loïc; Clarke, James; Carré, Matt; Capel-Davis, Jamie; Miller, Stuart; Stiles, Victoria; Dixon, Sharon

2016-09-01

This study aimed to examine player perceptions and biomechanical responses to tennis surfaces and to evaluate the influence of prior clay court experience. Two groups with different clay experiences (experience group, n = 5 and low-experience group, n = 5) performed a 180° turning movement. Three-dimensional ankle and knee movements (50 Hz), plantar pressure of the turning step (100 Hz) and perception data (visual analogue scale questionnaire) were collected for two tennis courts (acrylic and clay). Greater initial knee flexion (acrylic 20. 8 ± 11.2° and clay 32.5 ± 9.4°) and a more upright position were reported on the clay compared to the acrylic court (P < 0.05). This suggests adaptations to increase player stability on clay. Greater hallux pressures and lower midfoot pressures were observed on the clay court, allowing for sliding whilst providing grip at the forefoot. Players with prior clay court experience exhibited later peak knee flexion compared to those with low experience. All participants perceived the differences in surface properties between courts and thus responded appropriately to these differences. The level of previous clay court experience did not influence players' perceptions of the surfaces; however, those with greater clay court experience may reduce injury risk as a result of reduced loading through later peak knee flexion.

Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

Science.gov (United States)

Norris, Michael; Twill, Sarah; Kim, Chigon

2011-01-01

Teen courts have grown rapidly in the United States despite little evidence of their effectiveness. A survival analysis of 635 teen court and 186 regular diversion participants showed no significant differences in recidivism, although program completers were half as likely to reoffend as noncompleters. Older offenders survived significantly better…

Choice of Court Clauses and Lis Pendens under Brussels I Regulation

Directory of Open Access Journals (Sweden)

Ekaterina Ivanova

2010-08-01

Full Text Available The principle of party autonomy, known not only in the common law legal system but also in the civil law system, provides parties contracting in civil and commercial matters with the right to establish their own rules, as long as these rules do not contradict mandatory law. This right is presumed to be protected by the force of law. It follows, that when a choice of court clause is included in the contract, disputes are supposed to be solved by the court chosen by the parties.This principle is not compromised by the Brussels I Regulation (or previously, the Brussels Convention. Moreover, it is repeated in its Articles 1 and 23. At the same time, the rule of lis pendens, provided for by its Article 27, aims to preclude subsequent actions in other Member States if a court is already seized and allows the appearance 'on the legal scene' of a court other than the court chosen by the parties. And the lis pendens rule prescribes the latter to stay proceedings until the court not chosen, but first seized, examines and declines its jurisdiction.

Choice of Court Clauses and Lis Pendens under Brussels I Regulation

Directory of Open Access Journals (Sweden)

Ekaterina Ivanova

2010-08-01

Full Text Available The principle of party autonomy, known not only in the common law legal system but also in the civil law system, provides parties contracting in civil and commercial matters with the right to establish their own rules, as long as these rules do not contradict mandatory law. This right is presumed to be protected by the force of law. It follows, that when a choice of court clause is included in the contract, disputes are supposed to be solved by the court chosen by the parties. This principle is not compromised by the Brussels I Regulation (or previously, the Brussels Convention. Moreover, it is repeated in its Articles 1 and 23. At the same time, the rule of lis pendens, provided for by its Article 27, aims to preclude subsequent actions in other Member States if a court is already seized and allows the appearance 'on the legal scene' of a court other than the court chosen by the parties. And the lis pendens rule prescribes the latter to stay proceedings until the court not chosen, but first seized, examines and declines its jurisdiction.

Interpretative decisions in the practice of the Constitutional Court of Serbia

Directory of Open Access Journals (Sweden)

Rajić Nataša

2014-01-01

Full Text Available The relationship between the Constitutional Court and Parliament is marked by envolving process. The desired balance between these two state bodies was gradually disturbed by the Constitutional Court. Consequently, the substrate of the constitutional function originally designed as a function of 'negative legislator' is also changed in that process. Interpretative decision is one of the model of the activity of the Constitutional Court which makes questionable the position of the Parliament as a state body which regulates social relations in original form. Interpretative decision is an specific form of rejected decisions that contains binding instruction regading the interpretation of the norm, as a condition. This interpretation is given by Constitutional Court in order to make the norm in accordance with the Constitution. By the analysis of the practice of the Constitutional Court of Serbia, the paper has a task to determine wheter, to what extend and in what form the interpretative decisions occur in the work of the Court as well as to determine is there a clear constitutional base for establishing the jurisdiction of their adoption in our legal system.

Assisted suicide and assisted voluntary euthanasia: Stransham-Ford High Court case overruled by the Appeal Court - but the door is left open.

Science.gov (United States)

McQuoid-Mason, David J

2017-04-25

Whether persons wishing to have doctor-assisted suicide or voluntary active euthanasia may make a court application based on their rights in the Constitution has not been answered by the Appeal Court. Therefore, if Parliament does not intervene beforehand, such applications can be made - provided the applicants have legal standing, full arguments are presented regarding local and foreign law, and the application evidence is comprehensive and accurate. The Appeal Court indicated that the question should be answered by Parliament because 'issues engaging profound moral questions beyond the remit of judges to determine, should be decided by the representatives of the people of the country as a whole'. However, the Government has not implemented any recommendations on doctor-assisted suicide and voluntary active euthanasia made by the South African Law Commission 20 years ago. The courts may still develop the law on doctor-assisted death, which may take into account developments in medical practice. Furthermore, 'the possibility of a special defence for medical practitioners or carers would arise and have to be explored'.

Juvenile polyposis syndrome

OpenAIRE

Hsiao, Yi-Han; Wei, Chin-Hung; Chang, Szu-Wen; Chang, Lung; Fu, Yu-Wei; Lee, Hung-Chang; Liu, Hsuan-Liang; Yeung, Chun-Yan

2016-01-01

Abstract Background: Juvenile polyposis syndrome, a rare disorder in children, is characterized with multiple hamartomatous polyps in alimentary tract. A variety of manifestations include bleeding, intussusception, or polyp prolapse. In this study, we present an 8-month-old male infant of juvenile polyposis syndrome initially presenting with chronic anemia. To the best of our knowledge, this is the youngest case reported in the literature. Methods: We report a rare case of an 8-month-old male...

Japan’s Supreme Court Discourse and Lifetime Employment

DEFF Research Database (Denmark)

Tackney, Charles T.; Sato, Toyoko

to employee participation in managerial prerogative. The comparative social policy aim is to examine and account for observed employment relations variance in the U.S. and Japan, given their similar labor legislation. Japan’s Supreme Court recognizes lifetime employment as an institutionalized practice and we......Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach...... on the Court's discourse. Causally related to this recognition, management councils (a form of employee participation in managerial prerogative) are also a defining feature of Japanese employment relations at the enterprise level. Despite unionization rate declines in both nations, the persistence of Japan...

Court Appointed Volunteers for Abused and Neglected Children.

Science.gov (United States)

Justin, Renate G.

2002-02-01

A court appointed special advocate (CASA) volunteer is a trained citizen who is appointed by a judge to represent the best interests of an abused and neglected child in court. An independent voice, the volunteer gathers information and reports to the court. The CASA volunteer works in close cooperation with other professionals, physicians, lawyers, social workers, and teachers to find the most suitable permanent placement for a victimized child, whether it be a foster home, parental home, or adoptive home. Another function for CASA volunteers is to be supportive to the child during a time of uncertainty in his or her life and to help the youngster adjust to new and changing situations; the CASA volunteer may be the only consistent adult presence during this difficult period of transition.

22 CFR 19.6 - Court orders and divorce decrees.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Court orders and divorce decrees. 19.6 Section 19.6 Foreign Relations DEPARTMENT OF STATE PERSONNEL BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM § 19.6 Court orders and divorce decrees. ...

8 CFR 337.8 - Oath administered by the courts.

Science.gov (United States)

2010-01-01

... Form N-646, that the applicant has been determined by the Attorney General to be eligible for admission... ALLEGIANCE § 337.8 Oath administered by the courts. (a) Notification of election. An applicant for... election to have the oath of allegiance administered in an appropriate court having jurisdiction over the...

19 CFR 176.11 - Transmission of records to Court of International Trade.

Science.gov (United States)

2010-04-01

... SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED) PROCEEDINGS IN THE COURT OF INTERNATIONAL TRADE Transmission of Records § 176.11 Transmission of records to Court of International Trade. Upon receipt of service of a summons in an action initiated in the Court of International Trade the following items shall...

Social and psychological aspects of criminal juvenile justice in the world practice (Anglo-Saxon model of juvenile justice

Directory of Open Access Journals (Sweden)

D.S. Oshevsky

2013-10-01

Full Text Available The article is the final part of the review of existing foreign models of juvenile criminal justice system. We analyze the principles of juvenile justice in the criminal trial: protective orientation, personalization and social richness of the trial, the emphasis on educational influences. We present the foreign experience of incorporating social, psychological and clinical special knowledge into specialized justice concerning juvenile offenders. We analyze modern trends in the development of juvenile justice in the United States and Canada. We present material related to methods of risk assessment of re-offending among adolescents. We highlight approaches to complex long-term follow-up of juvenile offenders in Anglo-Saxon juvenile justice. We describe some aspects of the probation service using the method of case management. In the context of the accepted “National Strategy for Action for the Benefit of Children for 2012-2017”, the prospects for the development of specialized criminal justice for young offenders in the Russian Federation are discussed

Juvenile polyposis syndrome

Science.gov (United States)

Hsiao, Yi-Han; Wei, Chin-Hung; Chang, Szu-Wen; Chang, Lung; Fu, Yu-Wei; Lee, Hung-Chang; Liu, Hsuan-Liang; Yeung, Chun-Yan

2016-01-01

Abstract Background: Juvenile polyposis syndrome, a rare disorder in children, is characterized with multiple hamartomatous polyps in alimentary tract. A variety of manifestations include bleeding, intussusception, or polyp prolapse. In this study, we present an 8-month-old male infant of juvenile polyposis syndrome initially presenting with chronic anemia. To the best of our knowledge, this is the youngest case reported in the literature. Methods: We report a rare case of an 8-month-old male infant who presented with chronic anemia and gastrointestinal bleeding initially. Panendoscopy and abdominal computed tomography showed multiple polyposis throughout the entire alimentary tract leading to intussusception. Technetium-99m-labeled red blood cell (RBC) bleeding scan revealed the possibility of gastrointestinal tract bleeding in the jejunum. Histopathological examination on biopsy samples showed Peutz-Jeghers syndrome was excluded, whereas the diagnosis of juvenile polyposis syndrome was established. Results: Enteroscopic polypectomy is the mainstay of the treatment. However, polyps recurred and occupied the majority of the gastrointestinal tract in 6 months. Supportive management was given. The patient expired for severe sepsis at the age of 18 months. Conclusion: Juvenile polyposis syndrome is an inherited disease, so it is not possible to prevent it. Concerning of its poor outcome and high mortality rate, it is important that we should increase awareness and education of the parents at its earliest stages. PMID:27631205

Acupuntura em adolescentes com fibromialgia juvenil Acupuntura en adolescentes con fibromialgia juvenil Acupuncture in adolescents with juvenile fibromyalgia

Directory of Open Access Journals (Sweden)

Marialda Höfling P. Dias

2012-01-01

Full Text Available OBJETIVO: Descrever a utilização da acupuntura em adolescentes com fibromialgia juvenil. MÉTODOS: Estudo retrospectivo realizado em pacientes com fibromialgia juvenil (critérios do Colégio Americano de Reumatologia submetidos a, pelo menos, 11 sessões semanais de acupuntura. As avaliações antes e após acupuntura incluíram dados demográficos, características da dor musculoesquelética, número de pontos dolorosos (NPD, escala visual analógica (EVA de dor, algiometria e índice miálgico (IM. Durante o estudo, os pacientes puderam usar analgésicos, amitriptilina e foram orientados a praticar atividade física aeróbica. Os resultados antes e após acupuntura foram comparados pelo teste não paramétrico de Wilcoxon. RESULTADOS: Dos 38 pacientes com fibromialgia juvenil acompanhados em oito anos consecutivos, 13 tinham todas as informações nos prontuários e nas fichas de acupuntura e foram avaliados. Destes 13, sete obtiveram melhora nos três parâmetros analisados (número de pontos dolorosos, EVA de dor e IM. As medianas do número de pontos dolorosos e da EVA de dor foram significativamente maiores antes do tratamento quando comparados ao final do tratamento com as sessões de acupuntura [14 (11-18 versus 10 (0-15, p=0,005; 6 (2-10 versus 3 (0-10, p=0,045; respectivamente]. Em contraste, a mediana do IM foi significativamente menor antes do tratamento [3,4 (2,49-4,39 versus 4,2 (2,71-5,99, p=0,02]. Nenhum dos pacientes com fibromialgia juvenil apresentou eventos adversos associados à acupuntura. CONCLUSÕES: Acupuntura é uma modalidade de Medicina Tradicional Chinesa que pode ser utilizada nos pacientes pediátricos com fibromialgia. Futuros estudos controlados serão necessários.OBJETIVO: Describir el uso de acupuntura en adolescentes con fibromialgia juvenil. MÉTODOS: Estudio retrospectivo realizado en pacientes con fibromialgia juvenil (criterios del Colegio Americano de Reumatología sometidos a al menos 11 sesiones

Unanimous Supreme Court finds for actions by whistleblowers

International Nuclear Information System (INIS)

Norris, J.E.

1990-01-01

This article reports on a case before the United States Supreme Court where they have unanimously ruled that the Energy Reorganization Act of 1976 did not preclude a state law claim by an nuclear industry employee for intentional infliction of emotional distress. In addition the court held that federal law did not reflect a congressional desire to preclude all relief to a whistleblower who deliberately committed a safety violation

On appointment of Courts presidents - some open questions

Directory of Open Access Journals (Sweden)

Mijo Galiot

2014-01-01

Full Text Available In their paper, the authors analyse the legal position of the judiciary within the framework of the separation of powers in the Republic of Croatia, as well as the procedure of the election of the members and president, and the scope and manner of operation of the State Judiciary Council on a principal level. The authors especially deal with and analyse the 2010 constitutional changes and the State Judiciary Council Act from 2010 (SJCA, which introduced significant novelties in the appointment of presidents of courts in the normative and institutional sense as well as in practical applications. Separately, an integral historical overview is given of the appointment of presidents of courts from the gaining of Croatian independency until the SJCA became effective, as well as a comparative overview of the manner of appointment of presidents of courts in elected, related European legal systems. Moreover, the authors break down and analyse the procedures of the appointment of presidents of courts with a special reference to each phase. Here, special emphasis is given to the candidate valuation manner and criteria and the legal protection of candidates after the decision on appointment, both in the normative sense and in practice, all this accompanied by authors’ suggestions de lege ferenda.

Questions of legal responsibility for Srebrenica before the Dutch courts

NARCIS (Netherlands)

Spijkers, Otto

This contribution provides an overview of the litigation in the Dutch civil and criminal courts concerning the Srebrenica massacre. The author maps out the Dutch courts' divergent approaches to immunity of United Nations peacekeepers, state responsibility and individual criminal responsibility for

Improving Labour Courts in Mexico: The Case of Cuautitlan | IDRC ...

International Development Research Centre (IDRC) Digital Library (Canada)

In a case study of a large court in Cuautitlan in the State of Mexico, ... Research results are also expected to inform the operations of other Mexican courts, as well as ... in the fields of science, technology, engineering, and mathematics (STEM).

Juvenile dispersal in Calomys venustus (Muridae: Sigmodontinae)

Science.gov (United States)

Priotto, José; Steinmann, Andrea; Provensal, Cecilia; Polop, Jaime

2004-05-01

Both spacing behaviour and dispersal movement are viewed as hierarchical processes in which the effects may be expressed at spatial scale. This research was carried out to examine the hypothesis that the presence of parents promotes the dispersal of juveniles from their natal nest and their father or mother home-range, in Calomys venustus.The study was carried out in four 0.25 ha fences (two controls and two experimentals), in a natural pasture. This study had two periods: Father Removal (FR) (August and December 1997; year one) and Mother Removal (MR) (August 1998 and January 1999; year two). For the FR treatment fathers were removed after juveniles were born, but in the MR treatment mothers were removed after the juveniles were weaned. The effect of parents on the dispersal distance of juveniles was analysed with respect to their natal nest and their mother and father home-range. Dispersal distance from the nest of C. venustus was independent of either male or female parent. Juveniles were more dispersing in relation to the centre of activity of their mothers than to that of their fathers, and females were more dispersing than males. Female juveniles overlap their home-range with their parents less than male juveniles do. The differences observed between female and male juveniles would be related to their different sexual maturation times, as well as to the female territoriality.

The Constitutional Court Adjudication and Its Implications for the Justice Seekers

OpenAIRE

Sutiyoso, Bambang

2008-01-01

The Constitutional Court adjudication, as the nature of a court decision, implies the rights that the justice seekers will appreciate. It is unfortunate, however, that the appeal procedures for those who dissatisfied with such adjudication has yet to be issued, and this may produce the disadvantages for the purpose of affording justice. For such reason, the amendment on Procedures of the Constitutional Court, particularly in the appeal procedures, is very much needed.

Essential habitat for sardine juveniles in Iberian waters

Directory of Open Access Journals (Sweden)

Sílvia Rodríguez-Climent

2017-09-01

Full Text Available In a period when the Iberian sardine stock abundance is at its historical minimum, knowledge of the sardine juvenile’s distribution is crucial for the development of fishery management strategies. Generalized additive models were used to relate juvenile sardine presence with geographical variables and spawning grounds (egg abundance and to model juvenile abundance with the concurrent environmental conditions. Three core areas of juvenile distribution were identified: the Northern Portuguese shelf (centred off Aveiro, the coastal region in the vicinity of the Tagus estuary, and the eastern Gulf of Cadiz. Spatial differences in the relationship between juvenile presence and egg abundances suggest that essential juvenile habitat might partially differ from the prevailing spawning grounds. Models also depicted significant relationships between juvenile abundance, temperature and geographical variables in combination with salinity in the west and with zooplankton in the south. Results indicate that the sardine juvenile distribution along the Iberian Peninsula waters are an outcome of a combination of dynamic processes occurring early in life, such as egg and larva retention, reduced mortality and favourable feeding grounds for both larvae and juveniles.

NATIONAL COUNCIL FOR COMBATING DISCRIMINATION – COURT OF JUSTICE OF EUROPEAN UNION – BUCHAREST COURT OF APPEAL. CAUSE C-81/12

Directory of Open Access Journals (Sweden)

Cristian JURA

2014-05-01

Full Text Available The scope of this investigation consists in closing the jurisdictional circle initiated in 2010 and analysing the national and European procedural, jurisdictional-administrative issues, in case of notifying some institutions related to certain discriminatory assertions. The investigation relies on assertions made during a radio show. On 12 October 2011 the Bucharest Court of Appeal ruled the notification of the Court of Justice of European Union related to preliminary questions formulated and ordered the suspension of the case until the settlement of the procedure. In 2013, the Bucharest Court of Appeal, although initially accepting the preliminary application of ACCEPT, submitting the case to the Court of Justice of European Union in order to determine the manner of interpretation of communitarian legislation related to the claims of plaintiff, eventually all arguments of CNCD have been accepted that is the warning is an effective, reasonable, dissuasive and (contextual proportional sanction, and such declaration cannot be understood as a discrimination in the labour field. De facto, the assertions of CNCD were in full agreement with the resolution of the Court of Justice of European Union, that is the communitarian legislation does not exclude the application of some sanctions without pecuniary character, such as the sanction with warning, since this kind of sanction does not have only a symbolic character, being a contraventional legal sanction, mainly when associated a relevant degree of advertising (such in the case, and the addressee is addressed, with arguments, directly and expressly the recommendation of meeting the non-discrimination principle, under the implicit effect of a more drastic sanction in case of relapse (discrimination in the same field.

Assisted Reproduction and the Courts: The Case of California

Science.gov (United States)

Maule, Linda S.; Schmid, Karen

2006-01-01

In this article, the authors analyze appellate court cases heard in California between 1960 and 2000 that focus on the status of children conceived through reproductive technology in an effort to examine the role of the courts in defining parentage and family in the late 20th and early 21st centuries. In the absence of legislation, the primary…

28 ATTITUDE OF NIGERIAN COURTS TO THE ENFORCEMENT OF ...

African Journals Online (AJOL)

Fr. Ikenga

Both the 1958 Ordinance and the 1990 Act stipulate the time period within which a foreign judgment may be registered in Nigeria. Section 3(1) of the 1958 Ordinance provides that where a judgment has been obtained in the High Court in England or Ireland, or in the Court of Session in Scotland, the judgment creditor may ...

Assisted suicide and assisted voluntary euthanasia: Stransham-Ford High Court case overruled by the Appeal Court – but the door is left open

Directory of Open Access Journals (Sweden)

David J McQuoid-Mason

2017-05-01

Full Text Available Whether persons wishing to have doctor-assisted suicide or voluntary active euthanasia may make a court application based on their rights in the Constitution has not been answered by the Appeal Court. Therefore, if Parliament does not intervene beforehand, such applications can be made – provided the applicants have legal standing, full arguments are presented regarding local and foreign law, and the application evidence is comprehensive and accurate. The Appeal Court indicated that the question should be answered by Parliament because ‘issues engaging profound moral questions beyond the remit of judges to determine, should be decided by the representatives of the people of the country as a whole’. However, the Government has not implemented any recommendations on doctor-assisted suicide and voluntary active euthanasia made by the South African Law Commission 20 years ago. The courts may still develop the law on doctor-assisted death, which may take into account developments in medical practice. Furthermore, ‘the possibility of a special defence for medical practitioners or carers would arise and have to be explored’.

Juvenile offenders: competence to stand trial.

Science.gov (United States)

Soulier, Matthew

2012-12-01

This article details the legal background and assists the reader in the preparation and practical conduct of evaluations regarding juvenile adjudicative competency. The material is presented to be useful as a guide to direct questions of competency and covers aspects of evaluation that include: legal standard for competency to stand trial, developmental immaturity, current practice in juvenile competency to stand trial, forensic evaluation of juvenile competency to stand trial, organizing the evaluation, collateral sources of information, psychiatric evaluation of juvenile adjudicative competency, assessment of mental disorder and intellectual disability, assessment of developmental status, assessment of functional abilities for adjudicative competence, and reaching the forensic opinion. Copyright © 2012 Elsevier Inc. All rights reserved.

DISPARITY OF PUNISHMENT AT THE COURT OF THE CRIME OF CORRUPTION

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Arifuddin -

2015-07-01

Full Text Available Research on the judge's ruling against the disparity of offender criminal acts of corruption as well as the factors that influence the occurrence of the judge's verdict, the disparity was held in the Court of a criminal offence, Corruption in the courts, the courts of Makassar Tipikor Tipikor Bandung, with this type of problem identification research perskriptif-shaped, with the descriptive nature of the use of legal normative approach. Primary data obtained through interviews with as many as 15 judges and prosecutors as well as 7 5 academics 3 advocates determination technique done with a sample of secondary data and sampling purporsiv acquired through the study of librarianship is analyzed then qualitatively.The research results showed that determination of the disparity, mistakes and condemnation to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in the great Mahkama occurs because positive Indonesia corruption criminal law that gives broad freedom to determine fault and criminal type (strafsoort both weighs criminal ringannya or (strafmaat to the perpetrator of the criminal offence of corruption all not under the minimum standard of judgment and memlampaui the maximum punishment standards defined in legislation the eradication of criminal acts of corruption. Factors that cause the occurrence of an error or judgment determining the disparity to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in legal substance Agungadalah Mahkama factor, which gives freedom to the judge in deciding guilt and punishment inflicted to the defendant, politics and power, because the perpetrator of the criminal offence of corruption involves many officials or former officials of the regional social stratification, which is strong in the Association

Parenting and juvenile delinquency

OpenAIRE

Hoeve, M.

2008-01-01

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

PSYCHOSOCIAL PROFILE OF JUVENILE DIABETES

Science.gov (United States)

Dass, Jyoti; Dhavale, H.S.; Rathi, Anup

1999-01-01

A study of the complex relationships between the patient characteristics, family and environmental influences, physician's behaviour and the demands of the disease with its management in Juvenile Diabetics was taken up at a general hospital. 90 subjects were selected for the study and grouped into three. Group A consisted of 30 Juvenile Diabetics, Group B of 30 Adult Diabetics and Group C of 30 Normal healthy adolescents. The impact of the illness was measured on the Diabetes Impact Measurement Scale (DIMS), the behavioural deviations and the parental attitudes towards child rearing on the Fallstrom's Questionnaire (FQ) and the family environment on the Family Climate Scale (FCS). Psychiatric morbidity was assessed using DSM-IV criteria. Group A & B were compared on the DIMS and Group A & C on FQ & FCS. Adult diabetics had a greater impact of diabetes. Juvenile diabetics had significantly higher frequency of behavioural deviations as compared to controls. Also there was a higher number of responses on questions indicating an overprotecting attitude amongst parents of juvenile diabetics. There was an increased incidence of psychiatric morbidity in juvenile diabetics as compared to normal adolescents irrespective of the family environment. The results are discussed in relation to current literature. PMID:21430802

Court-Annexed Mediation Practice in Malaysia: What the Future Holds

Directory of Open Access Journals (Sweden)

Choong Yeow Choy

2017-03-01

Full Text Available It is an indubitable fact that the use of mediation as a form of dispute resolution process has gained traction across the globe. More importantly, the practice of mediation has also been transformed through the establishment of several techniques for formalised mediation. This article will provide insights into one of these avenues for formalised mediation, namely, court-annexed mediation practice in Malaysia. It will first discuss the motivations that led to the introduction of such a programme. This will be followed by an analysis of the operational aspects of the practice. A matter of utmost importance concerns the role of the courts and the judiciary in court-annexed mediation and this aspect is considered in considerable detail. This article will then offer suggestions on how some of the challenges that exist and are inherent in this particular method of formalised mediation could be overcome. These views are expressed with the hope that court-annexed mediation can function as an effective alternative dispute resolution mechanism under the umbrella of the Malaysian courts. Last but not least, it is also hoped that the above deliberations will be a catalyst for further comparative research and debates concerning this increasingly imperative form of formalised mediation process across all jurisdictions.

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

Science.gov (United States)

Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

2012-01-01

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes. PMID:23397430

College Affirmative Action Faces Much Tougher Scrutiny in New Supreme Court Review

Science.gov (United States)

Schmidt, Peter

2012-01-01

The Supreme Court's members generally are too decorous to exclaim "I told you so." But U.S. Supreme Court Justice Anthony M. Kennedy stands perched on the edge of an I-told-you-so moment, thanks to the court's decision to take up a challenge to a race-conscious college-admission policy that poses some of the same questions he had accused…

Judicial Separation and Divorce in the Circuit Court

OpenAIRE

O'Shea, Roisin

2014-01-01

While family law is not a unique subject matter for research, it is however, a much neglected area. What sets this work apart, is the significant volume of cases observed and analysed in the Circuit Court, in all 8 Circuits. Information was extrapolated to definitively answer the questions, that to date have been informed by anecdotal conjecture. The effects of a deep recession during the court research period, October 2008 to February 2012, highlighted the serious failings of an ...

National Court Remand Activity Data Collection

Data.gov (United States)

Social Security Administration — This dataset creates a collection of reports for the national total of court remand receipts, dispositions, and pending cases at the Office of Hearings Operations...

Рarticular criminalistic methods of court hearing in criminal proceedings: essence and goals

Directory of Open Access Journals (Sweden)

В. І. Алєксєйчук

2015-11-01

Full Text Available Problem setting. Understanding of criminalistic methods exceeded now the boundaries of traditional points of view - as a methods of crimes investigation. An attention is drawn to the fact that the process of proof in criminal proceedings is not completed with a pre-court investigation, on the contrary, it is being continued even more actively during the court hearing. In this regard a need for providing of subjects of court hearings of criminal cases (judges, prosecuting attorneys, defense lawyers with criminalistic methods is emphasized. At the same time the stated ideas have not been sufficiently developed in Ukrainian doctrine. Special papers devoted to particular criminalistic methods of court hearing of criminal cases are not present. This problem cannot be settled without preliminary solving of issues of more general theoretical meaning, especially, definition of essence and goals of particular criminalistic methods of court hearing in criminal proceedings. Recent research and publications analysis. Research of general-theoretical basic concepts of criminalistic methods was made by the domestic and foreign scientists (Yu. P. Alenin, O. Ya. Bayev, R. S. Byelkin, О. М. Vasylyev, І. О. Vozgrin, V. К. Gavlo, V. А. Zhuravel, А. V. Ishchenko, О. N. Kolesnichenko, V. V. Tishchenko, S. М. Churilov, А. V. Shmonin, B. V. Shchur, М. P. Yablokov and others. Issues of providing of criminalistic tools for court hearing in criminal proceedings are covered in the papers of the following scientists: L.Yu. Аrotsker, V. М. Bozrov, М. Y. Vilgushunsky, G. А. Vorobyov, V. К. Gavlo, S. L. Kyslenko, D. V. Kim, І. І. Kogutych, Yu. V. Korenevsky, О. Yu. Korchagin, S. P. Sukhov, О. О. Sychova, А. L. Tsypkin, Т. B. Chedzhemov, V. Yu. Shepitko and others. The authors of papers published in Ukraine in recent years, studying conceptual problems of providing with criminalistic methods of court proceeding in criminal process are: V.А. Zhuravel, �

Clinical factors associated with rape victims' ability to testify in court ...

African Journals Online (AJOL)

This can be emotionally ... Keywords: Rape victims; Court referral; Psycho-legal assessment; Ability to testify in court; .... specifically been assessed and no psychometric intelligence .... abilities and self-esteem become compromised and their.

Juvenile Prostitution.

Science.gov (United States)

Csapo, Marg

1986-01-01

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

A meta-analysis of experimental studies of diversion programs for juvenile offenders.

Science.gov (United States)

Schwalbe, Craig S; Gearing, Robin E; MacKenzie, Michael J; Brewer, Kathryne B; Ibrahim, Rawan

2012-02-01

Research to establish an evidence-base for the treatment of conduct problems and delinquency in adolescence is well established; however, an evidence-base for interventions with offenders who are diverted from the juvenile justice system has yet to be synthesized. The purpose of this study was to conduct a meta-analysis of experimental studies testing juvenile diversion programs and to examine the moderating effect of program type and implementation quality. A literature search using PsycINFO, Web of Science, and the National Criminal Justice Reference Service data-bases and research institute websites yielded 28 eligible studies involving 57 experimental comparisons and 19,301 youths. Recidivism was the most common outcome reported across all studies. Overall, the effect of diversion programs on recidivism was non-significant (k=45, OR=0.83, 95%CI=0.43-1.58). Of the five program types identified, including case management (k=18, OR=0.78), individual treatment (k=11, OR=0.83), family treatment (k=4, OR=0.57), youth court (k=6, OR=0.93), and restorative justice (k=6, OR=0.87), only family treatment led to a statistically significant reduction in recidivism. Restorative justice studies that were implemented with active involvement of researchers led to statistically significant reductions in recidivism (k=3, OR=0.69). Other outcomes, including frequency of offending, truancy, and psycho-social problems were reported infrequently and were not subjected to meta-analysis. High levels of heterogeneity characterize diversion research. Results of this study recommend against implementation of programs limited to case management and highlight the promise of family interventions and restorative justice. Copyright © 2011 Elsevier Ltd. All rights reserved.

How do defendants choose their trial court? Evidence for a heuristic processing account

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Mandeep K. Dhami

2013-09-01

Full Text Available In jurisdictions with two or more tiers of criminal courts, some defendants can choose the type of trial court to be tried in. This may involve a trade-off between the probability of acquittal/conviction and the estimated severity of sentence if convicted. For instance, in England and Wales, the lower courts have a higher conviction rate but limited sentencing powers, whereas the higher courts have a higher acquittal rate but greater sentencing powers. We examined 255 offenders' choice of trial court type using a hypothetical scenario where innocence and guilt was manipulated. Participants' choices were better predicted by a lexicographic than utility maximization model. A greater proportion of ``guilty'' participants chose the lower court compared to their ``innocent'' counterparts, and estimated sentence length was more important to the former than latter group. The present findings provide further support for heuristic decision-making in the criminal justice domain, and have implications for legal policy-making.

Congressional Authority Over the Federal Courts

National Research Council Canada - National Science Library

Bazan, Elizabeth B; Killian, John; Thomas, Kenneth R

2005-01-01

.... While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers...

Hardships of end-of-life care with court-appointed guardians.

Science.gov (United States)

Hastings, Kylie B

2014-02-01

In the United States, the court-appointed guardians do not have the ability to make decisions regarding end-of-life (EOL) care for their clients. Additionally, the process of initiating EOL care measures can be slow and cumbersome, despite an existing process of getting approval for such care. This process has the potential to prolong suffering and delay imperative decisions. This article reviews the hardships that patients, court-appointed guardians, and health care staff endure while moving through the oppressive process of obtaining EOL care orders through the court. This article also proposes ways of tuning up the laws, regulations, and communications to make it easier and faster to obtain orders regarding EOL care to preserve the dignity of our patients and loved ones. "A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults."

Cross-Border Patent Disputes: Unified Patent Court or International Commercial Arbitration?

OpenAIRE

Alba Betancourt, Ana

2016-01-01

Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC). This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent a...

THE GORONTALO RELIGIOUS COURT JUDGES RESPONSE TOWARD THEIR ABSOLUTE COMPETENCE IN RESOLVING SHARIAH ECONOMY DISPUTES

Directory of Open Access Journals (Sweden)

Andi Mardiana

2015-06-01

Full Text Available Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and document reviews. The finding of this study revealed that the Gorontalo Religious Courts judges response well to trust laws in handling disputes Shariah economy. In other words, in principle, they are ready to handle disputes Islamic economics. Readiness, such as: the handling disputes Shariah economy is Religious Courts judges authorities and it is a professional responsibility as a judge; Religious Courts formed a special judge to handle falling out or cases of Shariah economy, and Religious Courts judges provides knowledge of Shariah economy without trainings or workshops.

Insights to Building a Succesful E-filing Case Management Service: U.S. Federal Court Experience

Directory of Open Access Journals (Sweden)

J. Michael Greenwood

2012-06-01

Full Text Available The U.S. Federal Courts Case Management/Electronic Case Files (CM/ECF service is a very successful court automation system deployed throughout the country that integrated case management, electronic court case records and documents, and the electronic transmission and service of court records via the Internet. The authors briefly explain the history of automation development and indicators of success in these courts. The primary focus of the article is (a on what capabilities and functions should be integrated into any modern court electronic filing and case management service; and (b on insights as to key technical components, fundamental project guidelines, technical objectives, and non-technical principles and implementation techniques that were critical to achieving success. The ultimate CM/ECF goals that have been achieved are (1 that the entire U.S. federal court community (court, lawyers, government, public are comfortable in totally relying on this service, and (2 that CM/ECF is the official record eliminating the traditional paper record.

Women in Indian Courts of Law: A Study of Women Legal Professionals in the District Court of Lucknow, Uttar Pradesh, India

OpenAIRE

Mishra, Saurabh Kumar

2016-01-01

Men have traditionally dominated legal profession in India. Women’s entry could be possible only after long and protracted legal battles, and even then, their presence in the courts remained insignificant until the end of the twentieth century. However, the policy of globalisation in the twenty-first century has provided additional opportunities to Indian women in legal education and training. The invasion of modernity has not only moderated the court environment but has also put an end to th...

Multilingualism as a Principle of the EU Court of Justice

Directory of Open Access Journals (Sweden)

Karina Kh. Rekosh

2014-01-01

Full Text Available Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the

Predictors of justice system involvement: Maltreatment and education.

Science.gov (United States)

Robertson, Angela A; Walker, Courtney S

2018-02-01

Decades of research have established that experience of abuse and/or neglect in childhood is related to negative outcomes, such as juvenile delinquency. Existing research has shown that involvement in child welfare services is also related to juvenile delinquency, particularly for children who are victims of neglect. Research has also identified educational factors such as chronic absenteeism as significant predictors of involvement in the juvenile justice system. However, little research has investigated the combined influence of educational factors, child abuse, and involvement in child protective services on justice system involvement. The current study examined the influence of educational factors and involvement in child protective services on justice system involvement. The study utilized records from an educational database of children who attended a school within a county of Mississippi in any year from 2003 through 2013. Cases were then matched with records from the county Youth Court, Law Enforcement agencies, and Child Protection Services. A multivariate logistic regression controlling for gender, race, current age, and time at risk was conducted to involvement in the justice system. In general, educational factors were stronger predictors of justice system involvement than allegations of maltreatment. Copyright © 2017 Elsevier Ltd. All rights reserved.

Pragmatics in Court Interpreting: Additions

DEFF Research Database (Denmark)

Jacobsen, Bente

2003-01-01

Danish court interpreters are expected to follow ethical guidelines, which instruct them to deliver exact verbatim versions of source texts. However, this requirement often clashes with the reality of the interpreting situation in the courtroom. This paper presents and discusses the findings of a...

Intercultural pragmatics and court interpreting

DEFF Research Database (Denmark)

Jacobsen, Bente

2008-01-01

  This paper reports on an on-going investigation of conversational implicature in triadic speech events: Interpreter-mediated questionings in criminal proceedings in Danish district courts. The languages involved are Danish and English, and the mode of interpreting is the consecutive mode. The c...

National New Court Cases Data Collection

Data.gov (United States)

Social Security Administration — This dataset creates a collection of reports for the national total of new court case (NCC) receipts, dispositions, and pending at the Appeals Council level in the...

20 CFR 405.510 - Claims remanded by a Federal court.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Claims remanded by a Federal court. 405.510 Section 405.510 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.510 Claims remanded by a Federal court. When a...

Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court

Directory of Open Access Journals (Sweden)

Iman Prihandono

2017-12-01

Full Text Available States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs. These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens

A pilot study on the undefined role of court interpreters in South Africa

African Journals Online (AJOL)

In South Africa, legislation that clearly defines the role of court interpreters does not exist. Court interpreters find themselves performing tasks which should be the responsibility of other legal officials. This study considers how the lack of a clearly defined role for court interpreters affects the very quality of their interpreting.

38 CFR 20.1410 - Rule 1410. Stays pending court action.

Science.gov (United States)

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Rule 1410. Stays pending court action. 20.1410 Section 20.1410 Pensions, Bonuses, and Veterans' Relief DEPARTMENT OF VETERANS... Clear and Unmistakable Error § 20.1410 Rule 1410. Stays pending court action. The Board will stay its...

Klansman on the Court: Justice Hugo Black's 1937 Radio Address to the Nation

Science.gov (United States)

Carcasson, Martin; Aune, James Arnt

2003-01-01

Supreme Court Justice Hugo L. Black, known for being a liberal First Amendment absolutist and a courageous defender of individual freedom, is considered one of the best justices ever to serve on the nation's high court. This essay examines the events surrounding Justice Black's controversial nomination to the Supreme Court, focusing on his…

New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

Directory of Open Access Journals (Sweden)

Dimitrijević Marko

2016-01-01

Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

Criminal Courts of Justice, Dublin

Directory of Open Access Journals (Sweden)

Jonathan Tooth

2012-04-01

Full Text Available The newly completed Criminal Courts of Justice (CCJ at Parkgate Street in Dublin 8 is the largest courts project undertaken in the history of the Irish State. The design of the heating, ventilation and air conditioning (HVAC systems was based on computer simulated modelling of the build ing to determine the optimum plant selection and operation based on the contract conditions and energy targets. The report will analyse the computer simulated energy targets versus the actual energy consumption and assess the benefit of engineering solutions such as twin-skin facades and heat recovery based on real data. The report will draw conclusions on the real benefit of such systems with in the built environment. In addition to the energy targets, the report will discuss the commission ing processes involved in delivering the energy targets required and the importance of designing metering strategies to enable the data to be collected and analysed.

Nuclear fuel tax in court

International Nuclear Information System (INIS)

Leidinger, Tobias

2014-01-01

Besides the 'Nuclear Energy Moratorium' (temporary shutdown of eight nuclear power plants after the Fukushima incident) and the legally decreed 'Nuclear Energy Phase-Out' (by the 13th AtG-amendment), also the legality of the nuclear fuel tax is being challenged in court. After receiving urgent legal proposals from 5 nuclear power plant operators, the Hamburg fiscal court (4V 154/13) temporarily obliged on 14 April 2014 respective main customs offices through 27 decisions to reimburse 2.2 b. Euro nuclear fuel tax to the operating companies. In all respects a remarkable process. It is not in favour of cleverness to impose a political target even accepting immense constitutional and union law risks. Taxation 'at any price' is neither a statement of state sovereignty nor one for a sound fiscal policy. Early and serious warnings of constitutional experts and specialists in the field of tax law with regard to the nuclear fuel tax were not lacking. (orig.)

Procedural Justice in Dutch Administrative Court Proceedings

Directory of Open Access Journals (Sweden)

André Verburg

2014-11-01

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

Challenging a court settlement: Concept, legal nature and methods of challenging in domestic and comparative law

Directory of Open Access Journals (Sweden)

Salma Marija

2011-01-01

Full Text Available In this paper the author offers analysis of rules regulating the challenging of a court settlement in light of the evolution and legal nature of the court settlement in domestic and comparative law (Austrian, German, and Hungarian laws. The method of the procedural challenge depended on the understanding whether the settlement is an agreement (contract between parties before the court or it is a decision of the court (on acceptance or rejection of the proposal of the parties to reach a settlement. In the earlier instance the method of challenge is by filing of an action, and in the latter instance it represents a form of a legal remedy, most often extraordinary legal remedy - request for repetition of a trial, against final and binding decision of the court by which the settlement was either accepted or rejected. Theoretical dilemma about the legal nature of the court settlement, had an effect on normative regulations, as well as on court practice. In the Serbian law, this dilemma was resolved by enactment of the Civil Procedure Code which explicitly regulates that court settlement is challenged by an action before the court. As a result of this, the idea of a court settlement, as a form of an agreement, prevailed in the legal system. However, considerable procedural effects of the court settlement cannot be ignored. The principal procedural effect is that the litigation is terminated. Further, the court settlement represents a form of an executive title.

76 FR 12082 - U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

Science.gov (United States)

2011-03-04

... the Court. (b) Any violation of this rule will be deemed a contempt of this Court and, after due... rule will be deemed a contempt of this Court and, after due notice and hearing, may be punished... Article 48, Uniform Code of Military Justice, to give express contempt power to the United States Court of...

Imágenes juveniles, medios y nuevos escenarios

Directory of Open Access Journals (Sweden)

Oscar Aguilera Ruiz

2015-01-01

Full Text Available Este artículo nace del análisis de los discursos radiales producidos exclusivamente para jóvenes en Santiago de Chile. Aborda además las categorías comprensivas de la vida juvenil, la vida juvenil de los años 90, el imaginario juvenil des-simbolizado, hacia una comprensión de lo juvenil, dinámica social propuesta por los medios y estrategias comunicacionales.

DRUG COURTS: Better DOJ Data Collection and Evaluation Efforts Needed to Measure Impact of Drug Court Programs

National Research Council Canada - National Science Library

2002-01-01

.... Under this concept, in exchange for the possibility of dismissed charges or reduced sentences, defendants are diverted to drug court programs in various ways and at various stages in the judicial process...

Europe's Constitutional Court : The Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers in the European Union

NARCIS (Netherlands)

Knook, A.D.L.

2009-01-01

This book examines the Role of the European Court of Justice in the Intertwined Separation of Powers and Division of Powers of the European Union. This constitutional role is examined from five different angles. Chapters II and III examine the role of the Court of Justice in the Separation of Powers

Matching Judicial Supervision to Clients' Risk Status in Drug Court

Science.gov (United States)

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

2006-01-01

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

The res judicata rule in jurisdictional decisions of the international Court of justice

Directory of Open Access Journals (Sweden)

Kreća Milenko

2014-01-01

Full Text Available The author discusses the effects of the res judicata rule as regards jurisdictional decisions of the International Court of Justice. He finds that there exists a special position of a judgment on preliminary objection in respect to both aspects of the res judicata rule - its binding force and finality. A perception of distinct relativity of a jurisdictional decision of the Court, expressing its interlocatory character pervades, in his opinion, the body of law regulating the Court's activity. Preliminary objections as such do not exhaust objections to the jurisdiction of the Court, as evidenced by non-preliminary objections to the jurisdiction of the Court giving rise to the application of the principle compétence de la compétence understood in the narrow sense. With regard to the binding force of a judgment on preliminary objections, it does not create legal obligations stricto sensu. The author finds that the relative character of jurisdictional decisions of the Court as compared with a judgment on the merits is justified on a number of grounds.

The Degree of Court's Control on Arbitration under the Ethiopian Law

African Journals Online (AJOL)

The Degree of Court's Control on Arbitration under the Ethiopian Law: Is It to the ... C)) reveals that courts in Ethiopia control arbitration by such avenues as appeal, ... all overlook the avenue of refusal, particularly in terms of domestic awards.

Vegetative propagation of mature and juvenile northern red oak

Science.gov (United States)

James J. Zaczek; K. C. Steiner; C. W., Jr. Heuser

1993-01-01

Rooting trials were established to evaluate rooting success of cuttings from mature and juvenile, grafted and ungrafted northern red oak (NRO). Buds from 4 mature NRO ortets and juvenile seedlings were grafted onto juvenile and mature rootstock. Cuttings were collected from the grafts and from juvenile and mature shoots developed in situ and...

29 CFR 790.22 - Discretion of court as to assessment of liquidated damages.

Science.gov (United States)

2010-07-01

... 1938 Restrictions and Limitations on Employee Suits § 790.22 Discretion of court as to assessment of... the minimum—wage or overtime provisions of the act shall be liable to the affected employees not only... discretion by the court are two: (1) The employers must show to the satisfaction of the court that the act or...

Antibodies in juvenile-onset myositis.

Science.gov (United States)

Tansley, Sarah L

2016-11-01

Juvenile-onset myositis is a highly heterogeneous disease. Myositis-specific and associated autoantibodies provide a potential means of subdividing patients into clinically homogenous subgroups. Given the increasing availability of autoantibody testing, this review explores the phenotypes associated with different autoantibodies in juvenile-onset myositis and the potential clinical utility of autoantibody testing. Autoantibodies can be identified in 60-70% of children with myositis and the recent discovery of novel myositis-associated autoantibodies in adult patients suggests this may increase in the near future. Detailed phenotype descriptions are now known for several autoantibodies commonly identified in juvenile-onset disease. Whilst there is insufficient evidence to recommend a differential treatment approach based on autoantibody status, it is becoming increasingly clear that some autoantibody subgroups are often treatment resistant and may benefit from a more aggressive approach. The validation of nonspecialised methods for myositis-specific autoantibody detection should lead to more widely available testing. In juvenile-onset disease, this will provide detailed prognostic information and in the future may also influence approach.

REFORMATIONS IN ZIMBABWE'S JUVENILE JUSTICE SYSTEM

African Journals Online (AJOL)

Mugumbate

1996-05-23

May 23, 1996 ... The article is based on a desk review of existing literature on juvenile crime in the country. ... that Zimbabwe's juvenile justice system is transforming from being ... recommendations include expanding the Pre-trial Diversion ...

K-12 Implications Seen in Some Cases before High Court

Science.gov (United States)

Walsh, Mark

2010-01-01

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

The Equal Pay Act: Higher Education and the Court's View.

Science.gov (United States)

Greenlaw, Paul S.; Swanson, Austin D.

1994-01-01

Effects of the Equal Pay Act of 1963 for college and university employees are reviewed through an examination of trends in court decisions and legal treatment of the issues. It is concluded that case law has been evolutionary, with concepts of "equal,""work," and others not altered drastically by the courts in recent years.…

Environment Protection (Northern Territory Supreme Court) Act 1978, No.30

International Nuclear Information System (INIS)

1978-01-01

This Act relates to the enforcement by the Supreme Court of the Northern Territory of certain provisions for protecting the environment in the Alligator Rivers Region; it provides that the Supreme Court has jurisdiction to make orders concerning enforcement of provisions relating to the environmental effects in the Region of uranium mining operations. (NEA) [fr

Koblenz Higher Administrative Court reproaches complainants with abusing legal protection

International Nuclear Information System (INIS)

Anon.

1981-01-01

In its decision of November 18, 1980, the Koblenz Higher Administrative Court of Rhineland-Palatinate dismissed the appeal filed by the complaining party, members of the so-called 'Forum Humanum' against the decisions made by the Koblenz Administrative Court which dismissed their action filed against the partial licence issued for, and the licensing of, the Muelheim-Kaerlich reactor (comp. with first report in 'et' 2/81 p. 145). The complaining party was ordered to pay the costs of the proceedings, including the out-of-court costs of the parties invited to attend (constructor and operator). According to the decision, the value in litigation was fixed at DM 100 000 each for the appeal. Another appeal was not allowed. The substance of both decisions is identical. In decision 7 A II 78/80 it is pointed out that the complaining party appeared in court as a 'public agent' acting in the 'public interest'. Constitutionally, legal protection in administrative matters does not know of any class-action suit. (orig./HSCH) [de

Kassel Administrative Court. Decision of September 17, 1982 ('Frankenberg-Wangershausen')

International Nuclear Information System (INIS)

Anon.

1983-01-01

By court order of September 17, 1982, the Kassel Administrative Court settled upon an application put forth by a group within the town council of Marburg in Hesse, stating their wish that the management and finance committee become active in the refusal of a building permit for a reprocessing plant planned to be constructed at a distance of 30 km as the crow flies. The Administrative Court rejected the application because of the absence of a legal basis for becoming thus active. It stated that the kind of activity applied for was not the business of the community and that it is not, under local law, within the field of activities of the town council. (WB) [de

In the public interest: intellectual disability, the Supreme Court, and the death penalty.

Science.gov (United States)

Abeles, Norman

2010-11-01

This article deals with a case that recently came before the U.S. Supreme Court. The issues involved whether attorneys provided effective assistance to a person convicted of murder when no mitigating evidence was presented (either strategically or by neglect) to the jury concerning the intellectual disabilities of their client during the death penalty phase of the trial. The Supreme Court had previously ruled that the death penalty for intellectually disabled individuals (mentally retarded) constituted cruel and unusual punishment. In this case the attorneys made a strategic decision not to present possibly mitigating evidence for the death penalty phase. The Supreme Court considered whether the appeals court abdicated its judicial review responsibilities. The results of psychological evaluations are presented, and the decisions of the Supreme Court are discussed. PsycINFO Database Record (c) 2010 APA, all rights reserved.

California court says disability benefits do not preclude suit.

Science.gov (United States)

1998-05-01

A California appeals court reversed a lower court decision barring a worker from pursuing an HIV discrimination claim against his employer. [Name removed] claims that [name removed] violated California's Fair Employment and Housing Act when it rescinded accommodations that the bank had made earlier for HIV-related medical needs. The accommodations included a compressed work week and one day of telecommuting per week, which [name removed] performed well enough to earn a promotion. With a change in management, the accommodations were canceled, ostensibly to control costs. The lower court ruled that [name removed] was barred from suing his former employer because of statements on his disability insurance application. However, the appeals court ruled that [name removed]'s statements on the form were honest and did not preclude him from future litigation. Myron Quon, an attorney with Lambda Legal Defense and Education Fund in Los Angeles, noted that [name removed]'s deft handling of the questions was vital to the success of the suit. [Name removed] had made comments and notations on the form, rather than just checking the appropriate yes or no boxes, and noted that he could return to work with a reasonable accommodation. Others applying for disability are cautioned to do the same to preserve their legal rights.

Changing the constitutional landscape for firearms: the US Supreme Court's recent Second Amendment decisions.

Science.gov (United States)

Vernick, Jon S; Rutkow, Lainie; Webster, Daniel W; Teret, Stephen P

2011-11-01

In 2 recent cases-with important implications for public health practitioners, courts, and researchers-the US Supreme Court changed the landscape for judging the constitutionality of firearm laws under the Constitution's Second Amendment. In District of Columbia v Heller (2008), the court determined for the first time that the Second Amendment grants individuals a personal right to possess handguns in their home. In McDonald v City of Chicago (2010), the court concluded that this right affects the powers of state and local governments. The court identified broad categories of gun laws-other than handgun bans-that remain presumptively valid but did not provide a standard to judge their constitutionality. We discuss ways that researchers can assist decision makers.

Commentary (Victim Participation in the International Criminal Court)

DEFF Research Database (Denmark)

Marchuk, Iryna

2014-01-01

Victim participation is one of the most innovative aspects introduced in the legal framework of the International Criminal Court (hereinafter – ICC), which has not featured in the practices of other international criminal courts and tribunals. The approach of the ad hoc tribunals to victims...... was very ‘consumer like’ because victims were solely used as witnesses to testify about the crimes attributed to the accused, but they were not granted broad participatory rights in the proceedings. The drafters of the Rome Statute acknowledged wide-ranging interests of victims who, apart from seeking...

"Woman's Place" in the Constitution: The Supreme Court and Gender Discrimination

Science.gov (United States)

Levin, Betsy

1975-01-01

Article discussed the Supreme Court's response to constitutional attacks from state and federal laws on women's rights, the judicial treatment of racially-based discrimination versus that of gender-based discrimination, and the most recent Supreme Court decisions on gender-based discrimination. (Author/RK)

Freer markets, more court rulings?

NARCIS (Netherlands)

Hildebrand, Y.

2010-01-01

The governance of economic sectors in Europe has over the past decades been characterized by several important shifts. Two of the most notable shifts are those from state to market governance and from state to court governance. The first shift is the result of a coherent set of policies that have

The Camera Comes to Court.

Science.gov (United States)

Floren, Leola

After the Lindbergh kidnapping trial in 1935, the American Bar Association sought to eliminate electronic equipment from courtroom proceedings. Eventually, all but two states adopted regulations applying that ban to some extent, and a 1965 Supreme Court decision encouraged the banning of television cameras at trials as well. Currently, some states…

Court decisions: Preclusion clause prevents operating stop for Kruemmel nuclear power plant. [Administrative Court of Schleswig, decision 12D 79/83 of Oct. 5, 1983

Energy Technology Data Exchange (ETDEWEB)

1984-01-01

According to section 7b of the Atomic Energy Act, once an incontestable permit has been given under section 7 of the Atomic Energy Act, third parties do not have a right of appeal in any subsequent licensing procedure if the said appeal is based on facts which have been put forward already, or could have been brought forward by any third party having had access to information or to the preliminary licence laid open for public inspection. If the licensing authority decided within the margin of discretion provided by the law, the administrative court may not replace this discretion by discretion of the court. If in accordance with section 1 of the Atomic Energy Act an examination of the issues involved may result in a possible decision confirming the licensing authority's view or also the court's view, the court is obliged to accept the decision taken by the licensing authority, due to the principle of separation of powers, unless the licensing authority decided on the basis of incorrect or irrelevant facts, or left out of consideration facts of major importance.

77 FR 71687 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998

Science.gov (United States)

2012-12-04

... regulations regarding the effect of any court decree of divorce, annulment, or legal separation, or any court- approved property settlement agreement incident to any court decree of divorce, annulment, or legal... court decision and adds little substantive interpretation of the law. For the foregoing reasons, OPM...

A Practical Approach to Juvenile Dermatomyositis and Juvenile Scleroderma.

Science.gov (United States)

McCann, Liza J; Pain, Clare E

2016-02-01

Juvenile dermatomyositis and juvenile scleroderma are rare multisystem autoimmune disorders. Although they share some pathognomonic hallmarks with adult onset myositis or scleroderma, there are significant differences in presentation, characteristics and associated features when the diseases present in childhood. In view of this, and the rarity of the conditions, it is important for care to be led by teams with expertise in pediatric rheumatology conditions. Prognosis has improved significantly in the West; likely due to early diagnosis and aggressive treatment with immunosuppressive medications. However, this trend is not replicated in the developing world. Early recognition of these diseases is crucial to achieve rapid and sustained remission and prevent disease or medication associated complications. This article aims to provide a practical overview for recognition, diagnosis and treatment of these conditions.

The Constitutional Court in light of interpretive decisions in normative control proceedings

Directory of Open Access Journals (Sweden)

Stojanović Dragan

2016-01-01

Full Text Available In a legal system based on the principle of the separation of powers, constitutional judicature is necessarily (given the nature of its social function at the intersection of law and politics. Thus, constitutional judiciary is required to preserve political neutrality, particularly in relation to political (legislative and executive authorities. The paper analyzes the principal issues pertaining to constitutional court interpretation, particularly in light of observing the principle of the separation of powers that the constitutional judiciary is bound to abide by and considering the role of the constitutional court as an institution standing at the intersection of law and politics. Every constitutional court is required to be politically neutral and independent from daily politics, which is the major factor in delineating not only the overall boundaries of the constitutional control of the normative framework but also in ensuring the independent and unbiased activity of the constitutional court in the process of interpreting the Constitution and the laws. The constitutional control function shall not be politicized, and it must be exercised only through legal reasoning. Consequently, in the process of constitutional interpretation, the Constitutional Court of Serbia has to develop and consistently pursue a doctrine of self-restraint, thus refraining from politically-driven assessment which is the exclusive duty of political authorities. A closer examination of the doctrine of self-restraint in recent constitutional practice shows that the most prominent elements of this doctrine are relatively new interpretative constructions and legal formulations of constitutional court, which reinforce not only the political neutrality of the constitutional judiciary but also its role as 'the negative legislator'. Yet, some of these constructions may be challenged because their excessive and often inadequate application has resulted in a kind of 'self

Justice blocks and predictability of U.S. Supreme Court votes.

Directory of Open Access Journals (Sweden)

Roger Guimerà

Full Text Available Successful attempts to predict judges' votes shed light into how legal decisions are made and, ultimately, into the behavior and evolution of the judiciary. Here, we investigate to what extent it is possible to make predictions of a justice's vote based on the other justices' votes in the same case. For our predictions, we use models and methods that have been developed to uncover hidden associations between actors in complex social networks. We show that these methods are more accurate at predicting justice's votes than forecasts made by legal experts and by algorithms that take into consideration the content of the cases. We argue that, within our framework, high predictability is a quantitative proxy for stable justice (and case blocks, which probably reflect stable a priori attitudes toward the law. We find that U.S. Supreme Court justice votes are more predictable than one would expect from an ideal court composed of perfectly independent justices. Deviations from ideal behavior are most apparent in divided 5-4 decisions, where justice blocks seem to be most stable. Moreover, we find evidence that justice predictability decreased during the 50-year period spanning from the Warren Court to the Rehnquist Court, and that aggregate court predictability has been significantly lower during Democratic presidencies. More broadly, our results show that it is possible to use methods developed for the analysis of complex social networks to quantitatively investigate historical questions related to political decision-making.

Performance evaluation of court in construction claims settlement of litigation

Science.gov (United States)

Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief

2017-06-01

Claim construction has a major influence on the implementation of projects, such as the cost and time. The success of the construction project is highly dependent on the effective resolution of claims. Although it has been recognized that litigation or court is not the best way because it may reduce or eliminate profits and damage the relationship, it is a method of resolving claims and disputes that is common in the world of construction. The method of resolving claims and disputes through litigation or court may solve the problem in an alternative method, namely the implementation of the judgment which can be enforced effectively against the losing party and the ruling which has the force of law of the country where the claims and disputes are examined. However, litigation or court may take longer time and require high cost. Thus, it is necessary to identify factors affecting the performance of the court and to develop a system capable of improving an existing system in order to run more effectively and efficiently. Resolution in the claims management of construction projects with the method of litigation is a procedure that can be used by the courts in order to shorten the time in order to reduce the cost. The scope of this research is directed to all parties involved in the construction, both the owners and the contractors as implementers and practitioners, as well as experts who are experienced in construction law.

Adolescent neglect, juvenile delinquency and the risk of recidivism.

Science.gov (United States)

Ryan, Joseph P; Williams, Abigail B; Courtney, Mark E

2013-03-01

Victims of child abuse and neglect are at an increased risk of involvement with the juvenile justice and adult correctional systems. Yet, little is known about the continuation and trajectories of offending beyond initial contact with law enforcement. Neglect likely plays a critical role in continued offending as parental monitoring, parental rejection and family relationships are instrumental in explaining juvenile conduct problems. This study sought to determine whether neglect is associated with recidivism for moderate and high risk juvenile offenders in Washington State. Statewide risk assessments and administrative records for child welfare, juvenile justice, and adult corrections were analyzed. The sample was diverse (24 % female, 13 % African American, 8 % Hispanic, 5 % Native American) and included all moderate and high risk juvenile offenders screened by juvenile probation between 2004 and 2007 (n = 19,833). Official records from child protection were used to identify juvenile offenders with a history of child neglect and to identify juvenile offenders with an ongoing case of neglect. Event history models were developed to estimate the risk of subsequent offending. Adolescents with an ongoing case neglect were significantly more likely to continue offending as compared with youth with no official history of neglect. These findings remain even after controlling for a wide range of family, peer, academic, mental health, and substance abuse covariates. Interrupting trajectories of offending is a primary focus of juvenile justice. The findings of the current study indicate that ongoing dependency issues play a critical role in explaining the outcomes achieved for adolescents in juvenile justice settings. The implications for improved collaboration between child welfare and juvenile justice are discussed.

Practical Obstacles in Cross-Border Litigation and Communication between (EU) Courts

NARCIS (Netherlands)

A. Stadler (Astrid)

2013-01-01

markdownabstract__Abstract__ In cross-border civil litigation the use of different official court languages causes severe problems when - at least one of the parties - is not familiar with the official language of the court, since the parties' constitutional right to a fair trial depends very

Hyperconnectivity in juvenile myoclonic epilepsy: a network analysis.

Science.gov (United States)

Caeyenberghs, K; Powell, H W R; Thomas, R H; Brindley, L; Church, C; Evans, J; Muthukumaraswamy, S D; Jones, D K; Hamandi, K

2015-01-01

Juvenile myoclonic epilepsy (JME) is a common idiopathic (genetic) generalized epilepsy (IGE) syndrome characterized by impairments in executive and cognitive control, affecting independent living and psychosocial functioning. There is a growing consensus that JME is associated with abnormal function of diffuse brain networks, typically affecting frontal and fronto-thalamic areas. Using diffusion MRI and a graph theoretical analysis, we examined bivariate (network-based statistic) and multivariate (global and local) properties of structural brain networks in patients with JME (N = 34) and matched controls. Neuropsychological assessment was performed in a subgroup of 14 patients. Neuropsychometry revealed impaired visual memory and naming in JME patients despite a normal full scale IQ (mean = 98.6). Both JME patients and controls exhibited a small world topology in their white matter networks, with no significant differences in the global multivariate network properties between the groups. The network-based statistic approach identified one subnetwork of hyperconnectivity in the JME group, involving primary motor, parietal and subcortical regions. Finally, there was a significant positive correlation in structural connectivity with cognitive task performance. Our findings suggest that structural changes in JME patients are distributed at a network level, beyond the frontal lobes. The identified subnetwork includes key structures in spike wave generation, along with primary motor areas, which may contribute to myoclonic jerks. We conclude that analyzing the affected subnetworks may provide new insights into understanding seizure generation, as well as the cognitive deficits observed in JME patients.

Do juveniles bully more than young offenders?

Science.gov (United States)

Ireland, Jane L

2002-04-01

This study compares bullying behaviour among juvenile and young offenders and incorporates two different methods to measure bullying. Ninety-five male juvenile and 196 male young offenders completed two questionnaires, one that measured bullying directly and one that measured behaviours indicative of "being bullied" or of "bullying others". Juveniles perceived a higher extent of bullying than young offenders. Juveniles reported significantly more physical, psychological or verbal and overall direct forms of bullying behaviour than young offenders. A number of differences were found between juveniles and young offenders with regard to the types of prisoners likely to become victims, who they would advise a victim to speak to and how bullying could be prevented. The results are discussed in relation to developmental theories of aggression and how bullying behaviour can be defined and measured among prisoners. Copyright 2002 The Association for Professionals in Services for Adolescents. Published by Elsevier Science Ltd. All rights reserved.

Court Supervised Institutional Transformation in South Africa

Directory of Open Access Journals (Sweden)

Deon Erasmus

2015-12-01

Full Text Available The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties. A different model of litigation is emerging in South African law. This model involves actions against public institutions that are failing to comply with their constitutional mandate. In this type of litigation there is seldom a dispute regarding the eventual outcome that is desired. Both the applicant and the state, in its capacity of the respondent, have a broad consensus about the manner in which the institution should operate or be transformed. There is accordingly agreement regarding the eventual outcome and the shortcomings that should be addressed. The primary issue relates to the details of the implementation of the transformation of the institution in question, in order that the constitutional mandate of the institution in question will be met. An example of this form of litigation can be seen in litigation concerning the conditions in which prisoners are detained in South African prisons. The constitutional mandate for the imprisonment of offenders is contained in the Correctional Services Act. Ongoing human rights violations often take place in prisons. These include staff shortages, shortages of medical staff and facilities, prison overcrowding, inadequate staff development, the prevalence of HIV/AIDS, infrastructure defects and maintenance problems, gangsterism, requests for prisoner transfers and problems associated therewith, the ineffectiveness of parole boards, staff development needs that are not addressed, an excessive focus on security, lack of rehabilitation and vocational training programmes and assaults of prisoners. The courts have on occasion issued a structured interdict as an appropriate remedy. However, problems arise when violations are widespread and no single order can cause the

An unusual presentation of juvenile lupus nephritis

Directory of Open Access Journals (Sweden)

Malleshwar Bottu

2016-01-01

Full Text Available The incidence of juvenile lupus varies widely ranging between 4 and 250 per 100,000 population. Most common organ involvement in juvenile lupus is kidney. Neurological, cutaneous and hematological involvements are also involved. Skeletal muscle involvement in the form of myositis is rare. Myositis as presenting manifestation in juvenile lupus is also unusual. Herein, we report one such case wherein myositis preceded the onset of lupus nephritis

Superior Administrative Court of Lueneburg, judgement of January 20, 1982 ('Kruemmel')

International Nuclear Information System (INIS)

Anon.

1983-01-01

The appeal judgment of January 20, 1982 of the Lueneburg Superior Administrative Court partly rescinded the decision of the Administrative Court of Sept. 2, 1976, which dismissed the action against the 1st, 2nd, and 3rd partial licence for Kruemmel nuclear power plant. The first partial licence cannot be appealed against for lack of right of action. As to the action against the second, appeal is justified in that there are defects in terms of law in the approval of the conceptual design. The Court first theoretically explains the legal status and legal effect of a licence in approval of the conceptual design. The judgment then states among others that the apellant's appeal against this approval comprised in the 2nd partial licence is to be accepted although the 2nd partial licence as a whole is to be regarded as incontestable, and no preclusion being created according to section 3 of the Nuclear Installations Ordinance or section 7b of the Atomic Energy Act. The Court in its decision also discusses the relevant time at which a court decision has been taken (last administrative decision), and with the legal protection of third parties' rights as comprised in section 7, sub-section (2), no. 3 of the Atomic Energy Act. (HP) [de

Omission in Possible: the Forensic Linguistics Autopsy of the Court Interpreting Praxis

Directory of Open Access Journals (Sweden)

Taufiq Jati Murtaya

2018-01-01

Full Text Available To have a proportional rendition, an interpreter has to deal with the dilemmatic decision of technique employment. In fact, in a case of court interpreting there are a bunch of oppressive moments, since its impact is exclusively stroke on the hearings’ route; and generally in the law enforcement constitution. For that fundamental circumstance, this article links the perspectives to achieve the goal how the court interpreting should be held from the notion of one of the interpreting strategies, namely the omission and the conceptual perspective of forensic linguistics. Here, this article reviews some points of view from both sides; and scrutinizes what lies beneath so the findings are beneficial for the court interpreting practices and studies. This article articulates that the omissions are taken for the sake of the prosecution flawless systemic process. Thus, the interpreter should be aware of the nuance of the two main conditions of the witness examination session i.e. the examination-in-chief and the cross-examination. More importantly, the forensic linguistics considers this as the effort in a working condition of the court interpreter to keep the most proportional judicial atmosphere in balance in terms of symmetrical and asymmetrical relation. This article then proposes the significance of having more knowledge on forensic linguistics for a court interpreter in doing and learning court interpreting.

Laser capture microdissection of gonads from juvenile zebrafish

DEFF Research Database (Denmark)

Jørgensen, Anne; Nielsen, John; Morthorst, Jane Ebsen

2009-01-01

was adjusted and optimised to isolate juvenile zebrafish gonads. Results: The juvenile zebrafish gonad is not morphologically distinguishable when using dehydrated cryosections on membrane slides and a specific staining method is necessary to identify the gonads. The protocol setup in this study allows......Background: Investigating gonadal gene expression is important in attempting to elucidate the molecular mechanism of sex determination and differentiation in the model species zebrafish. However, the small size of juvenile zebrafish and correspondingly their gonads complicates this type...... of investigation. Furthermore, the lack of a genetic sex marker in juvenile zebrafish prevents pooling gonads from several individuals. The aim of this study was to establish a method to isolate the gonads from individual juvenile zebrafish allowing future investigations of gonadal gene expression during sex...

Circuit courts clash over HIV in the workplace.

Science.gov (United States)

1997-09-19

Some of the major differences of opinions between the circuit courts on issues affecting HIV and employment are examined. In the seven years since the passing of the Americans with Disabilities Act (ADA), there has been disagreement among the circuits relative to the interpretation of the law. At the heart of the debate is whether or not HIV infection, without symptoms of AIDS, actually qualifies for a disability under the meaning and intent of the ADA. Another fundamental issue is whether or not reproduction is considered a major life activity under the ADA. Federal circuit courts have also considered what happens to patients in the latter stages of HIV diseases, when symptoms are so pronounced that he or she qualifies for disability benefits including Social Security or private disability plans. There is disagreement among the circuits as to whether insurance products, including those provided through an employee benefit program, are covered under the ADA. As of this date, the U.S. Supreme Court has not intervened on any of the HIV/ADA-related cases.

California drug courts: outcomes, costs and promising practices: an overview of Phase II in a statewide study.

Science.gov (United States)

Carey, Shannon M; Finigan, Michael; Crumpton, Dave; Waller, Mark

2006-11-01

The rapid expansion of drug courts in California and the state's uncertain fiscal climate highlighted the need for definitive cost information on drug court programs. This study focused on creating a research design that can be utilized for statewide and national cost-assessment of drug courts by conducting in-depth case studies of the costs and benefits in nine adult drug courts in California. A Transactional Institutional Costs Analysis (TICA) approach was used, allowing researchers to calculate costs based on every individual's transactions within the drug court or the traditional criminal justice system. This methodology also allows the calculation of costs and benefits by agency (e.g., Public Defender's office, court, District Attorney). Results in the nine sites showed that the majority of agencies save money in processing an offender though drug court. Overall, for these nine study sites, participation in drug court saved the state over 9 million dollars in criminal justice and treatment costs due to lower recidivism in drug court participants. Based on the lessons learned in Phases I and II, Phase III of this study focuses on the creation of a web-based drug court cost self-evaluation tool (DC-CSET) that drug courts can use to determine their own costs and benefits.

The Road to a Court of Appeal—Part I: History and Constitutional Amendment

DEFF Research Database (Denmark)

Butler, Graham

2015-01-01

the Supreme Court. Twelve months later, in October 2014, the new Court of Appeal was formally established in a move that was largely unnoticed by the public at large but, for legal practitioners and eager followers of Irish constitutional law, it was an important change that would have long-lasting effects...... on the judicial system of the State. The creation of a new court requires a considerable effort from a number of branches of the State in formulating the correct path for its establishment to proceed. In this article, the history of a Court of Appeal is set out, before discussing the referendum to amend...

Challenges of the International Criminal Court in the cooperation with the States

Directory of Open Access Journals (Sweden)

Carolina Anello

2014-03-01

Full Text Available International cooperation is one of the main pillars on which the performance of the International Criminal Court is based. The experience, in particular, in the situ- ations referred by the Security Council of the United Nations, allows seeing the dif- ficulties derivates from the denial of States to cooperate with the Court. This paper analyzes the causes for which this breach occurs and what measures are proposed to strengthen cooperation with the Court as a precondition for effective action.

Court dwarfs: an overview of European paintings from fifteenth to eighteenth century.

Science.gov (United States)

Guaraldi, Federica; Prencipe, Nunzia; Gori, Davide; di Giacomo, Stellina; Ghigo, Ezio; Grottoli, Silvia

2012-12-01

Since antique times, dwarfs have been commonly employed at court, mostly as servants, entertainers, or personal attendants upon noble women and noblemen. Their presence at European Renaissance courts was very common, as demonstrated by their presence alongside to their masters or mistress in several artworks of that period. Aim of our paper is to derive clinical information regarding the type of dwarfism affecting people living and acting at European courts from an overview of paintings dating fifteenth to the eighteenth century.

Extending juvenility in grasses

Energy Technology Data Exchange (ETDEWEB)

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

2017-04-11

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

UPAYA PERANCANGAN UNDANG-UNDANG TENTANG LARANGAN MERENDAHKAN MARTABAT PENGADILAN (CONTEMPT OF COURT

Directory of Open Access Journals (Sweden)

Jimly Asshiddiqie

2015-07-01

Full Text Available Untuk menjaga martabat dan kehormatan peradilan tidak semata menggunakan pendekatan melalui mekanisme hukum pidana, melainkan juga diperlukan pendekatan melalui mekanisme civil contempt of court dan ethical contempt of court secara integral.

Licensing procedure by steps, indemnity precaution, control by administrative courts

International Nuclear Information System (INIS)

Sellner, D.

1986-01-01

The author describes three problems of the Wyhl-judgement of the Federal Administrative Court. The terms 'licensing procedure by steps', 'indemnity precaution pursuant to sec. 7, para. 2, No. 3 Atomic Energy Act', and 'control density of administrative courts' are concretized. The author chooses these terms because they have important impulses even for other fields than Atomic Energy Law. (CW) [de

The Gorontalo Religious Court Judges Response Toward Their Absolute Competence in Resolving Shariah Economy Disputes

OpenAIRE

Mardiana, Andi; Darwis, Rizal

2015-01-01

Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and docum...

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

OpenAIRE

Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

2013-01-01

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage fr...

NL-Netherlands: Court applies Google Spain: no right to be forgotten for convicted criminal

NARCIS (Netherlands)

Breemen, V.

2014-01-01

On 18 September 2014, the Amsterdam Court handed down the first national application of the EU Court of Justice’s Google Spain judgment. The case was initiated by a convicted criminal after Google had not fully granted his online removal requests. The court rejected the claim, but it should be noted

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

NARCIS (Netherlands)

Langbroek, Philip; van der Linden - Smith, Tina

2014-01-01

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

What is your reasonable expectation of success in obtaining pharmaceutical or biotechnology patents having nonobvious claimed inventions that the courts will uphold? An overview of obviousness court decisions.

Science.gov (United States)

Pereira, Daniel J; Kunin, Stephen G

2014-12-04

This article explores the legal basis for establishing the nonobviousness of patent claims in the life sciences fields of technology drawn from the guidance provided in published decisions of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board, federal district courts, the Federal Circuit Court of Appeals, and the U.S. Supreme Court. Our analysis, although equally applicable to all disciplines and technologies, focuses primarily on decisions of greatest import affecting patents in the fields of pharmaceutical chemistry and biotechnology. Copyright © 2015 Cold Spring Harbor Laboratory Press; all rights reserved.

Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate

National Research Council Canada - National Science Library

Rutkus, Denis S

2007-01-01

.... Under the Constitution, Justices on the Supreme Court receive lifetime appointments. Such job security in the government has been conferred solely on judges and, by constitutional design, helps insure the Court's independence from the President...

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

NARCIS (Netherlands)

van Hees, M.V.B.P.M; Steunenberg, B.

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

The Choices Judges Make: Court Rulings, Personal Values, and Legal Constraints

NARCIS (Netherlands)

Van Hees, Martin; Steunenberg, Bernard

2000-01-01

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

THEORETICAL AND JURISPRUDENTIAL ASPECTS CONCERNING THE CONSTITUTIONALITY OF THE COURT APPEAL ON POINTS OF LAW

Directory of Open Access Journals (Sweden)

Marius ANDREESCU

2014-05-01

Full Text Available The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analyzed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional Court, respectively the decisions of the High Court of Cassation and Justice given for resolving the appeals on points of law. The recent jurisprudence of the Constitutional Court reveals new aspects regarding the possibility to verify the constitutionality of the decisions given in this matter.

Victimological aspects of court judgments

Directory of Open Access Journals (Sweden)

Bačanović Oliver

2012-01-01

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

Autism spectrum disorder: forensic issues and challenges for mental health professionals and courts.

Science.gov (United States)

Freckelton, Ian

2013-09-01

Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for mental health professionals closely familiar with both the disorder and forensic exigencies to educate courts about the inner world of those with ASD. Highlighting areas of criminality that court decisions have dealt with, especially in relation to persons with Asperger's Disorder, as defined by DSM-IV, it calls for further research on the connection between ASD, on the one hand, and conduct, capacities and skills, on the other hand. It urges enhancement of awareness of the forensic repercussions of the disorder so that expert evidence can assist the courts more humanely and informedly to make criminal justice and other decisions. © 2013 John Wiley & Sons Ltd.

Bacterial communities on food court tables and cleaning equipment in a shopping mall.

Science.gov (United States)

Dingsdag, S; Coleman, N V

2013-08-01

The food court at a shopping mall is a potential transfer point for pathogenic microbes, but to date, this environment has not been the subject of detailed molecular microbiological study. We used a combination of culture-based and culture-independent approaches to investigate the types and numbers of bacteria present on food court tables, and on a food court cleaning cloth. Bacteria were found at 10²-10⁵ c.f.u./m² on food court tables and 10¹⁰ c.f.u./m² on the cleaning cloth. Tag-pyrosequencing of amplified 16S rRNA genes revealed that the dominant bacterial types on the cleaning cloth were genera known to include pathogenic species (Stenotrophomonas, Aeromonas), and that these genera were also evident at lower levels on table surfaces, suggesting possible cross-contamination. The evidence suggests a public health threat is posed by bacteria in the food court, and that this may be due to cross-contamination between cleaning equipment and table surfaces.

Judicial activism, the Biotech Directive and its institutional implications – Is the Court acting as a legislator or a court when defining the ‘human embryo’?

DEFF Research Database (Denmark)

Faeh, Andrea Beata

2015-01-01

The Court of Justice of the European Union (Court) delivered a preliminary ruling in 2011 in the case of Oliver Brüstle v Greenpeace on the interpretation of Article 6(2) of the Biotech Directive and thereby established an autonomous concept of the term ‘human embryo’. The Brüstle decision raises...

Development of consensus treatment plans for juvenile localized scleroderma: a roadmap toward comparative effectiveness studies in juvenile localized scleroderma.

Science.gov (United States)

Li, Suzanne C; Torok, Kathryn S; Pope, Elena; Dedeoglu, Fatma; Hong, Sandy; Jacobe, Heidi T; Rabinovich, C Egla; Laxer, Ronald M; Higgins, Gloria C; Ferguson, Polly J; Lasky, Andrew; Baszis, Kevin; Becker, Mara; Campillo, Sarah; Cartwright, Victoria; Cidon, Michael; Inman, Christi J; Jerath, Rita; O'Neil, Kathleen M; Vora, Sheetal; Zeft, Andrew; Wallace, Carol A; Ilowite, Norman T; Fuhlbrigge, Robert C

2012-08-01

Juvenile localized scleroderma (LS) is a chronic inflammatory skin disorder associated with substantial morbidity and disability. Although a wide range of therapeutic strategies has been reported in the literature, a lack of agreement on treatment specifics and accepted methods for clinical assessment has made it difficult to compare approaches and identify optimal therapy. Our objective was to develop standardized treatment plans, clinical assessments, and response criteria for active, moderate to high severity juvenile LS. A core group of pediatric rheumatologists, dermatologists, and a lay advisor was engaged by the Childhood Arthritis and Rheumatology Research Alliance (CARRA) to develop standardized treatment plans and assessment parameters for juvenile LS using consensus methods/nominal group techniques. Recommendations were validated in 2 face-to-face conferences with a larger group of practitioners with expertise in juvenile LS and with the full membership of CARRA, which encompasses the majority of pediatric rheumatologists in the US and Canada. Consensus was achieved on standardized treatment plans that reflect the prevailing treatment practices of CARRA members. Standardized clinical assessment methods and provisional treatment response criteria were also developed. Greater than 90% of pediatric rheumatologists responding to a survey (66% of CARRA membership) affirmed the final recommendations and agreed to utilize these consensus plans to treat patients with juvenile LS. Using consensus methodology, we have developed standardized treatment plans and assessment methods for juvenile LS. The high level of support among pediatric rheumatologists will support future comparative effectiveness studies and enable the development of evidence-based guidelines for the treatment of juvenile LS. Copyright © 2012 by the American College of Rheumatology.

The semantic sphere of juvenile offenders

Directory of Open Access Journals (Sweden)

Oshevsky D.S.

2017-01-01

Full Text Available The article presents the results of a preliminary empirical study aimed to identify features of the semantic sphere of adolescents who have committed illegal, including aggressive acts. The study included 50 male juveniles aged of 16 - 17 years. The first group consisted of adolescents convicted of aggressive and violent crimes; the second – of property socially dangerous acts (SDA. It is shown that evaluation of such adolescents is generally categorical and polar, the semantic field is subdifferentiable, less hierarchic, and has not enough realistic structure of meanings. Developed structure of motives and meanings is the basis of voluntary regulation of socially significant behavior. Thus, assessing the semantic sphere of juvenile offenders we can highlight its characteristics as risk factors of unlawful behavior, as well as the resource side, that will contribute to addressing issues of prevention and correction of unlawful behavior. Key words: juvenile offenders, semantic field of juvenile offenders, unlawful behavior.

The Universal Jurisdiction of South African Criminal Courts and Immunities of Foreign State Officials

Directory of Open Access Journals (Sweden)

Evode

2015-12-01

Full Text Available Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC, the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

Two Important Supreme Court Decisions Extending Gay Rights and Their Significance

DEFF Research Database (Denmark)

Ashbee, Edward

2013-01-01

The US Supreme Court has often and rightly been described as the most powerful court in the world. This is because its rulings have such breadth that they can reshape US society and politics. The cout's June 2013 rulings provided further reminders of this. Two related rulings extended gay rights....

Robust multivariate analysis

CERN Document Server

J Olive, David

2017-01-01

This text presents methods that are robust to the assumption of a multivariate normal distribution or methods that are robust to certain types of outliers. Instead of using exact theory based on the multivariate normal distribution, the simpler and more applicable large sample theory is given.  The text develops among the first practical robust regression and robust multivariate location and dispersion estimators backed by theory.   The robust techniques  are illustrated for methods such as principal component analysis, canonical correlation analysis, and factor analysis.  A simple way to bootstrap confidence regions is also provided. Much of the research on robust multivariate analysis in this book is being published for the first time. The text is suitable for a first course in Multivariate Statistical Analysis or a first course in Robust Statistics. This graduate text is also useful for people who are familiar with the traditional multivariate topics, but want to know more about handling data sets with...

Results with Open Court Reading.

Science.gov (United States)

McGraw-Hill Companies, New York, NY. Educational and Professional Publishing Group.

This publication tells the stories of eight schools from around the nation that have used the Open Court Reading program, describing the history of the schools, the challenges they faced, and their attempts to meet those challenges. The schools are located in California, Florida, Texas, and New York. Each of the school stories includes a focus on…

Differential heritability of adult and juvenile antisocial traits.

Science.gov (United States)

Lyons, M J; True, W R; Eisen, S A; Goldberg, J; Meyer, J M; Faraone, S V; Eaves, L J; Tsuang, M T

1995-11-01

Studies of adult antisocial behavior or criminality usually find genetic factors to be more important than the family environment, whereas studies of delinquency find the family environment to be more important. We compared DSM-III-R antisocial personality disorder symptoms before vs after the age of 15 years within a sample of twins, rather than comparing across studies. We administered the Diagnostic Interview Schedule Version III-revised by telephone to 3226 pairs of male twins from the Vietnam Era Twin Registry. Biometrical modeling was applied to each symptom of antisocial personality disorder and summary measures of juvenile and adult symptoms. Five juvenile symptoms were significantly heritable, and five were significantly influenced by the shared environment. Eight adult symptoms were significantly heritable, and one was significantly influenced by the shared environment. The shared environment explained about six times more variance in juvenile anti-social traits than in adult traits. Shared environmental influences on adult antisocial traits overlapped entirely with those on juvenile traits. Additive genetic factors explained about six times more variance in adult vs juvenile traits. The juvenile genetic determinants overlapped completely with genetic influences on adult traits. The unique environment (plus measurement error) explained the largest proportion of variance in both juvenile and adult antisocial traits. Characteristics of the shared or family environment that promote antisocial behavior during childhood and early adolescence also promote later antisocial behavior, but to a much lesser extent. Genetic causal factors are much more prominent for adult than for juvenile antisocial traits.

Juveniles' Motivations for Remaining in Prostitution

Science.gov (United States)

Hwang, Shu-Ling; Bedford, Olwen

2004-01-01

Qualitative data from in-depth interviews were collected in 1990-1991, 1992, and 2000 with 49 prostituted juveniles remanded to two rehabilitation centers in Taiwan. These data are analyzed to explore Taiwanese prostituted juveniles' feelings about themselves and their work, their motivations for remaining in prostitution, and their difficulties…

DERMATOMIOSITIS JUVENIL Y EMBARAZO

OpenAIRE

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

2002-01-01

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

Court-agency interaction in environmental policymaking: the cases of the Nuclear Regulatory Commission and the Environmental Protection Agency

International Nuclear Information System (INIS)

Thomas, L.W.

1981-01-01

This study examines the increasingly active participation of courts in the administrative process as well as agency responses to court-imposed policy shifts. More specifically, it is an investigation of the interaction between the federal courts, primarily the Supreme Court and the District of Columbia Court of Appeals, and two federal regulatory agencies, the Nuclar Regulatory Commission and the Environmental Protection Agency. There are five objectives to the study. The first is to examine the natura of court-agency interaction and to determine the extent to which patterns of judicial review of administrative actions can be discerned. The second is to examine the effect of court orders on agency programs and policies. The third is to assess the anticipatory dimension of court-agency relations. The fourth is to inquire into the recurring dimension of court-agency interaction and to determine its effect on subsequent court decisions. The last is to assess the institutional capacity of courts to deal with scientific and technological issues. This study indicates that judicial review has a substantial effect on the NRC's and the EPA's decision-making activities. Few, if any, recent major policy decisions of the two agencies have not been scrutinized closely by federal appellate courts. During the past decade, the courts have blocked policy initiative on numerous occasions and have been the primary source of change in others. In addition, the mere anticipation of judicial review was found to be a factor motivating the two agencies to make reasoned decisions

AN EMPIRICAL ANALYSIS OF STATE COURTS: DILEMMAS, PARADOXES AND PERPLEXITIES

Directory of Open Access Journals (Sweden)

Morgana Paiva Valim

2015-12-01

Full Text Available This article is a cut on the ideologies and practices recommended by the State Court of Rio de Janeiro compared to the Special Courts. The organization of this body reflects the tensions and conflicts that permeate the legal field and show that through their practices maintenance convictions of power relations emerge the politicization of the agents in this locus. For sure, the state nods proposals considered innovative and socially oriented as electronic application with the aim of optimizing the administration of the court and made to minimize questions of efficiency and effectiveness of their services. The objective was to thus mark since the creation, construction and development activities as a mechanism for an observational reading inspired by the anthropology, also verified the categories of access to justice and citizenship.

Enhancing the Educational Value of Experiential Learning: The Business Court Project

Science.gov (United States)

Nees, Anne Tucker; Willey, Susan; Mansfield, Nancy R.

2010-01-01

A critical element of an introductory course in business law includes an understanding of the court process and dispute resolution. At Georgia State University (GSU), the authors have required undergraduate business students to make a "court visit" to witness this process in action and to broaden students' basic understanding of the role…

Real-time data helps in court

International Nuclear Information System (INIS)

Houlahan, T.

2000-01-01

An operating facility with approval to undertake aluminium reprocessing activities at a site in NSW had commenced reprocessing scrap lead into lead debris for re-use. The local council had not been notified of the change in activity from aluminium to lead and the operators had not sought development approval. Council subsequently served a notice of closure on the facility, based on the potential health risks associated with migration of lead dust from the facility. The operators objected to the notice and the matter was brought before the NSW Land and Environment Court for judgement. Twenty-four hours before the court proceedings, lawyers representing the council concluded that for their case to succeed, scientific data vas required to provide evidence that the facility was contributing to elevated lead concentrations in soil off-site. Consequently a consultant was commissioned by council to undertake a preliminary lead contaminated soil screening survey around the perimeter of the subject property. The survey was required to be completed within 24 hours, with the results to be presented before the court at 9am the following day. The samples were placed in plastic bags and screened for total lead, using Niton field portable x-ray fluorescence (XRF) spectrum analyser- model 703A, in accordance with the manufacturer's guidelines and USEPA method 6200. Test time ranged from 20-120 seconds. Several areas were found to contain surface soil lead levels above the proposed site criteria (1500 mg/kg). The XFR data presented in this case demonstrated excellent correlation with NATA-accredited laboratory results

Non-adversarial justice and the coroner's court: a proposed therapeutic, restorative, problem-solving model.

Science.gov (United States)

King, Michael S

2008-12-01

Increasingly courts are using new approaches that promote a more comprehensive resolution of legal problems, minimise any negative effects that legal processes have on participant wellbeing and/or that use legal processes to promote participant wellbeing. Therapeutic jurisprudence, restorative justice, mediation and problem-solving courts are examples. This article suggests a model for the use of these processes in the coroner's court to minimise negative effects of coroner's court processes on the bereaved and to promote a more comprehensive resolution of matters at issue, including the determination of the cause of death and the public health and safety promotion role of the coroner.

The report of the Court of Auditors demonstrates the profitability of the nuclear industry

International Nuclear Information System (INIS)

2012-01-01

Commenting the content of a report published in January 2012 by the French Court of Auditors, this document addresses the competitiveness of nuclear energy for electricity generation. It outlines the fact that the nuclear industry is a resource and not a cost, and that it should allow EDF to invest massively. The allocation of exploitation income surpluses is not really discussed by the Court and the costs allocated to waste management and dismantling should be estimated with respect to EdF's turnover. In addition, the Court supports the increase of reactors service life. Finally, the document proposes some complements to the Court's work

Urine specimen validity test for drug abuse testing in workplace and court settings.

Science.gov (United States)

Lin, Shin-Yu; Lee, Hei-Hwa; Lee, Jong-Feng; Chen, Bai-Hsiun

2018-01-01

In recent decades, urine drug testing in the workplace has become common in many countries in the world. There have been several studies concerning the use of the urine specimen validity test (SVT) for drug abuse testing administered in the workplace. However, very little data exists concerning the urine SVT on drug abuse tests from court specimens, including dilute, substituted, adulterated, and invalid tests. We investigated 21,696 submitted urine drug test samples for SVT from workplace and court settings in southern Taiwan over 5 years. All immunoassay screen-positive urine specimen drug tests were confirmed by gas chromatography/mass spectrometry. We found that the mean 5-year prevalence of tampering (dilute, substituted, or invalid tests) in urine specimens from the workplace and court settings were 1.09% and 3.81%, respectively. The mean 5-year percentage of dilute, substituted, and invalid urine specimens from the workplace were 89.2%, 6.8%, and 4.1%, respectively. The mean 5-year percentage of dilute, substituted, and invalid urine specimens from the court were 94.8%, 1.4%, and 3.8%, respectively. No adulterated cases were found among the workplace or court samples. The most common drug identified from the workplace specimens was amphetamine, followed by opiates. The most common drug identified from the court specimens was ketamine, followed by amphetamine. We suggest that all urine specimens taken for drug testing from both the workplace and court settings need to be tested for validity. Copyright © 2017. Published by Elsevier B.V.

AFSC/ABL: Juvenile rockfish DNA species identification

Data.gov (United States)

National Oceanic and Atmospheric Administration, Department of Commerce — Many pelagic juvenile rockfish (Sebastes) were collected in juvenile salmonid surveys in the Gulf of Alaska (GOA) from 1998 to 2002. Often species identification of...

Swan Song for the Burger Court.

Science.gov (United States)

Hayman, Robert L., Jr.; Ramarui, Cornelis O.

1986-01-01

Reviews a collection of decisions rendered by the Burger Court during its waning months. The decisions involve (1) criminal procedures, (2) racial bias in jury selection, (3) search and seizure, and (4) the exclusion of jurors who have reservations about the death penalty. (JDH)

Stage-by-stage licensing procedure, prevention of damage, control by administrative courts. Some comments on the Wyhl judgment of the Federal Administrative Court

International Nuclear Information System (INIS)

Sellner, D.

1986-01-01

The author discusses the three main items of the Wyhl judgment of the Federal Administrative Court, of December 19, 1985 - 7C65/82, which are likely to set trends. The judgment clarifies the function of the socalled preliminary approval of the concept and its delimitation to the preliminary partial licence. According to the judgment, the first is a licensing requirement in substantial law. Precaution for preventing damage according to sec. 7, sub-sec (2) No. 3 Atomic Energy Act is regarded by the Court not as a prevention of hazards, but as the obligation to take every precaution to prevent damage, i.e. types of damage have to be taken into account that cannot be excluded to develop to a real hazard or potential risk. The problem of extent of control by the administrative courts is solved by the approach based on the legal functions of competence and responsibility that are to be drawn from the principle of division of power. (HSCH) [de

European Court of Human Rights : Milisavljević v. Serbia

OpenAIRE

Voorhoof, Dirk

2017-01-01

The European Court of Human Rights has recently found that the Republic of Serbia has acted in breach of the right to freedom of expression by convicting a journalist for insult of a well-known human rights activist. The ECtHR emphasises that criminal prosecution for insult of public figures is likely to deter journalists from contributing to the public discussion of issues affecting the life of the community. More than 10 years after the journalist lodged an application with the Court, the E...

A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

Directory of Open Access Journals (Sweden)

Valentina BĂRBĂŢEANU

2016-05-01

Full Text Available Most of the European countries have chosen the centralized system of constitutional review, performed by a unique authority empowered with the competence of removing from the normative ensemble those legal provisions that do not comply with the principles and rules comprised in the Basic Law. This „European model” has proved to be more appropriate than the so-called „American model” in what concerns the compatibility with the European jurisdictional mechanism. Romania has adopted the same European trend and the Constitutional Court has become a very important actor in the Romanian legal landscape. From the very beginning of its activity, it has influenced in a great measure the national normative system. It has been sometimes criticized and accused that it interferes in an excessive way in the legislative process. Due to its competence to regulate the juridical conflicts between the public authorities and its possibility to repeal laws before their promulgation, it has been many times in the centre of heavy attacks, mostly from different political forces, often driven through mass media. Nevertheless, despite of its detractors, the Constitutional Court has proven, over the years, its ability to develop the Romanian normative system. The present paper intends to display the most significant contribution of the Romanian Constitutional Court in improving various legal regulations. In the same time and much more important, using concrete examples from the Court’s case-law, the paper also intends to demonstrate that the Constitutional Court of Romania has been a major factor of improving peoples’ life, removing unconstitutional obstacles set in front of the unimpeded exercise of their fundamental rights and freedoms.

12 CFR 404.20 - Notice of court-ordered and emergency disclosures.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Notice of court-ordered and emergency disclosures. 404.20 Section 404.20 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Access to Records Under the Privacy Act of 1974 § 404.20 Notice of court-ordered and emergency...

Examining the links between therapeutic jurisprudence and mental health court completion.

Science.gov (United States)

Redlich, Allison D; Han, Woojae

2014-04-01

Research demonstrates that mental health courts (MHCs) lead to improved outcomes compared to traditional criminal court processes. An underlying premise of MHCs is therapeutic jurisprudence (TJ). However, no research, to our knowledge, has examined whether MHC outcomes are predicted by TJ principles as theorized. In the present study, we examined whether principles measured at the onset of MHC enrollment (knowledge, perceived voluntariness, and procedural justice) predicted MHC completion (graduation). Using structural equation modeling with MHC participants from four courts, a significant, direct relationship between TJ and MHC completion was found, such that higher levels of TJ were associated with higher rates of success. Although this direct effect became nonsignificant when mediator variables were included, a significant indirect path remained, such that increased levels of initial perceived voluntariness and procedural justice, and MHC knowledge, led to decreased rates of new arrests, prison, MHC bench warrants, and increased court compliance, which, in turn, led to a higher likelihood of MHC graduation. PsycINFO Database Record (c) 2014 APA, all rights reserved.

Federal Administrative Court on priorities between water law and nuclear law procedures

International Nuclear Information System (INIS)

Anon.

1980-01-01

With its decision of November 22, 1979 - BVerwG 4 B 162/79 -, the Federal Administration Court, at the expense of the plaintiff, has judged against a Bremen resident who had lodged a complained against the non-admission of an appeal in a partial verdict by the Lueneburg Higher Administrative Court concerning licenses under water law for Kernkraftwerk Unterweser. The value in litigation for the complaint procedure was set at DM 5000,-. In its partial verdict of February 12, 1979 - VII OVG A 113/77 - the Lueneburg Higher Administrative Court had decided that the plaintiff's rights are not infringed by the administrative steps under water law taken by the defendant district, and that pleas under nuclear law cannot be entered in the present procedure. The Federal Administrative Court was of the same opinion. The reasons for its decision are given in full wording. (orig./HP) 891 HP/orig.- 892 CKA [de

The control density of the administrative courts with regard to nuclear licensing

International Nuclear Information System (INIS)

Deppe, V.

1982-01-01

A possibility does not exist to limit the extent of the activities of administrative courts with regard to the control of the nuclear license decision by a shifting of one part of the ultimate decision competence from the jurisdiction to the executive. The responsibility of the administrative courts which is established in the constitution gives them a comprehensive controlling function with regard to nuclear licensing. Their right of ultimate decision, which is established in the constitution, corresponds to a duty of ultimate decision, which is of paramount importance in such a fundamental law relevant area, as it is nuclear law. The legislator has to help the overburdened courts. The courts themselves are bound to their responsibility as it is laid down in the constitution and the Atomic Energy Act to guarantee legal protection so that any form of self-restraint is inadmissable. (orig./HSCH) [de

State court rejects estoppel in job accommodation case.

Science.gov (United States)

1997-07-25

The Supreme Judicial Court of Massachusetts ruled that a person who applies for disability benefits does not forfeit his right to pursue an employment discrimination claim if the employer refuses to accommodate his disability. The court ruled in favor of [name removed], who sued the law firm of [name removed] and [name removed] in Boston for violating the State's Anti-Discrimination Law. The law firm cited Federal and State precedents to show that [name removed] should be estopped from pursuing his lawsuit. [Name removed], who had multiple sclerosis, proved that he was capable of performing the tasks required of him as long as his schedule was flexible.

Optimising methods for community-based sea cucumber ranching: Experimental releases of cultured juvenile Holothuria scabra into seagrass meadows in Papua New Guinea

Directory of Open Access Journals (Sweden)

Cathy Hair

2016-05-01

Full Text Available Hatchery-cultured juveniles of the commercial holothurian, sandfish (Holothuria scabra, were used for release experiments in a variety of marine habitats under traditional marine tenure near Kavieng, Papua New Guinea (PNG. Juveniles of approximately 4 g mean weight were released inside 100 m2 sea pens installed within seagrass meadows nearby partner communities, under the care of local ‘wardens’. Within each sea pen, varying levels of protection (free release, 1-day cage and 7-day cage were provided at release in order to determine if short-term predator exclusion improved survival. Ossicles of juvenile sandfish were tagged with different fluorochromes for each treatment and sandfish survival and growth was recorded after release. A range of biophysical parameters were recorded at the four sites. Contrary to expectations, short-term cage protection did not lead to higher survival at three sites, while a fourth site, despite meeting all considered criteria for suitable release habitat, experienced total loss of juveniles. There were significant differences in mean weight of juveniles between sites after four months. Multivariate analysis of biophysical factors clearly separated the sea pen habitats, strongly differentiating the best-performing site from the others. However, further research is needed to elucidate which biophysical or human factors are most useful in predicting the quality of potential sea ranch sites. Methods developed or refined through these trials could be used to establish pilot test plots at potential ranching sites to assess site suitability and provide guidance on the level of animal husbandry required before commencing community sea ranching operations in New Ireland Province, PNG. Keywords: Holothuria scabra, Mariculture, Sea pens, Predator exclusion, Principal components analysis, Biophysical variables

Appeals Court: DOE must take spent fuel or pay the consequences

International Nuclear Information System (INIS)

Bauser, M.A.

1996-01-01

The US District of Columbia Circuit Court of Appeals ruled that the Nuclear Waste Policy Act of 1982 (NWPA) unconditionally obligated the US DOE to commence accepting spent nuclear fuel (SNF) from utilities on or before 31 January 1998. This article describes the background and history of the case and the court decision and the reasons for it

Preventing Juvenile Delinquency

Directory of Open Access Journals (Sweden)

Carolina dos Reis

2016-04-01

Full Text Available This article aims to problematize discourses about protection and care that have surrounded compulsory hospitalization by evidencing its use as a control and punishment mechanism that increases the social vulnerability of young drug users. For such, we analyze lawsuits involving juveniles who were consigned to psychiatric institutions for drug addiction treatment as a protection measure in the state of Rio Grande do Sul, in Brazil. The analysis of the materials has evidenced discourses that have circumscribed young drug users and constructed this population as potentially dangerous subjects as well as a population category at risk. In this sense, we point out how compulsory hospitalization has emerged out of the lawsuits as a tool for prevention of juvenile delinquency.

Health: Policy or Law? A Population-Based Analysis of the Supreme Court's ACA Cases.

Science.gov (United States)

Parmet, Wendy E

2016-12-01

This essay argues that it matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration. Applying population-based legal analysis, this article demonstrates that courts have traditionally treated health as a legal norm. However, this norm appears to have weakened in recent years, a trend evident in the Supreme Court's first two decisions concerning the Affordable Care Act, NFIB v. Sebelius and Burwell v. Hobby Lobby However, in its more recent Affordable Care Act decision, King v. Burwell , the health legal norm is once again evident. Whether the Court will continue to treat health as a legal norm will prove critical to the deference and weight it grants health policies in the future. Copyright © 2016 by Duke University Press.

The privileges and immunities of international organizations in domestic courts

CERN Document Server

2013-01-01

International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topi...

Courts and open spaces in the Late Helladic III Argolid

DEFF Research Database (Denmark)

Siennicka, Malgorzata

2015-01-01

While space remains a neglected subject in research on Mycenaean settlements, archaeological and ethnographical studies devoted to social meaning of places and areas used by the inhabitants of the prehistoric and other communities increase in number. This paper aims to review the use and signific......While space remains a neglected subject in research on Mycenaean settlements, archaeological and ethnographical studies devoted to social meaning of places and areas used by the inhabitants of the prehistoric and other communities increase in number. This paper aims to review the use...... and significance of courts and other open spaces in the Mycenaean settlements in the Argolid during the Palatial and Post-Palatial periods (c. 15th–11th centuries BC). Various categories of areas, like courts, open spaces and open-air areas are discussed, with an emphasis on their functions and status. Courts...

Legitimacy of Constitutional Justice: Democracy, Constitutional Court and Theory Against Majority Interest

Directory of Open Access Journals (Sweden)

Thaminne Nathalia Cabral Moraes e Silva

2016-12-01

Full Text Available This article has as its theme the analysis of the separation of powers and the rule of democracy, in addition to the possibility of the Constitutional Court be composed of people appointed by the President of the Republic, not fulfilling the democratic rule, and make the control of constitutionality of laws, created through democratic process. Will be answered: the separation of powers obey the democratic rule? When the Legislature fails to fulfill its function of legislating, opens the opportunity for the Supreme Court, as the Constitutional Court that is, create, through judicial activism, silent rules? That injured the democratic rule?

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

Directory of Open Access Journals (Sweden)

Thierry Kirat

2010-04-01

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

Delay discounting, self-control, and substance use among adult drug court participants.

Science.gov (United States)

Jones, Craig G A; Fearnley, Helen; Panagiotopoulos, Barbara; Kemp, Richard I

2015-08-01

The current study examined the relationship between two measures of impulsiveness and the odds of substance use among a sample of participants on an Australian drug court (n=80). Participants completed a computer-based delay discounting task, a paper-based delay discounting task, and a questionnaire-based measure of self-control. The delay discounting tasks measured individual differences in the value attributed to distal outcomes, which is one aspect of impulsive behavior that has been found to be over-represented among illicit drug users. The relationship between the measures of impulsiveness and the odds of substance use was assessed by fitting longitudinal panel regression models with adjustment for informative treatment dropout. Consistent with previous research, drug court participants were found to have higher discount rates (i.e. were more impulsive) than a noncriminal population of university students (n=101). Drug court participants also discounted delayed gains more than delayed losses. Delay discounting was not significantly associated with the odds of substance use on the drug court program. There was a positive relationship between the survey-based measure of impulsivity and the mean substance use frequency. The authors conclude that impulsivity is correlated with substance use among drug court participants but not when measuring impulsivity using a delay discounting paradigm.

Role and activities of courts in procedures of atomic energy laws

International Nuclear Information System (INIS)

Shiono, Hiroshi

1980-01-01

The most typical dispute on atomic energy processes takes place in Japan around seeking the annulment of permission of the installation of reactors, and nine cases on the atomic energy facilities for power generation are now in discussion. Nullification proceedings are stipulated in the law of administrative issue legal procedure. Under the law, the abolition of administrative activities can be sought only by the persons who have legal interests, which mean legally protected interests according to Japanese court decisions. The expected damage due to hot water discharge from reactors was not examined in the Ikata judgement, because hot water discharge would be discussed in the examination of permission under the Electricity Enterprises Act, according to the court. In other respects, court judgements cover all dangers of atomic energy and harmful effects of radiation. The most important point of discussion is emergency core cooling system, and Japanese special circumstances are found in that the counter measures against earthquakes are the major problem. In the Ikata case, the court held that waste treatment should be examined, and that the judgement of the government office to some degree on the method of reprocessing would suffice. The Ikata decision maintained that the standard of safety examination should depend upon the present level of science. The attitude of the court in the Ikata case was not clear as to whether the discretion of the government office may be permitted in safety judgement. (Okada, K.)

Trial by Jury in Russian Military Courts

Directory of Open Access Journals (Sweden)

Nikolai P. Kovalev

2008-07-01

Full Text Available One of peculiar features of the military criminal justice system in Russia is that in some cases military defendants may apply for trial by jury. Unlike the existing U.S. court-martial jury and the Russian military jury of the early 1900s (World War I period which were comprised of the members of the armed forces, in modern Russia jurors trying military defendants are civilians. This article aims to provide a brief history of military jury in Russia and identify issues of independence and impartiality in Russian military courts with participation of lay decision-makers. In particular, the article will analyze two high-profile cases which resulted in acquittals of Russian officers accused of killing several Chechen civilians during counter-terrorist operations in Chechnya.

University Court As An Element Of The University’s Legal Status In The Russian Empire

Directory of Open Access Journals (Sweden)

Tatyana I. Eremina

2014-12-01

Full Text Available It the present article legal bases of university courts, which worked in the pre-revolutionary Russian universities since 1757 is researched. In the article, in the chronological order main decrees and statutes regulating activities of the university courts are analyzed. Particular attention is paid to the university statute of the year 1804 and 1863, as well as projects and decrees that resulted after the First Russian Revolution of 1905-1907. Peculiarities of the university courts work in the universities that had their own charters: Dorpat (Yuriev, Kharkov are researched. In the article Rules on the procedures of university courts, which ware developed in each university, approved by the trustee of the study district and which differed in some provisions, in particular, on the list of punishments and penalties for students in case of breaking rules are analyzed. It is shown that university teachers and students during existence of university courts did not extend to general civil jurisdiction. Existence of university courts is considered in the article as one of the conditions for existence of university autonomy. In conclusion, author notes that activities of university disciplinary courts were viewed from the standpoint of the general proceedings. But such approach leads to the fact that existence of a "backup" judicial authority in the university becomes impractical. The confirmation is the absence of provisions on the university court in the projects of university regulations, developed in the early XX century.

Temporomandibular Joint Involvement in Association With Quality of Life, Disability, and High Disease Activity in Juvenile Idiopathic Arthritis.

Science.gov (United States)

Frid, Paula; Nordal, Ellen; Bovis, Francesca; Giancane, Gabriella; Larheim, Tore A; Rygg, Marite; Pires Marafon, Denise; De Angelis, Donato; Palmisani, Elena; Murray, Kevin J; Oliveira, Sheila; Simonini, Gabriele; Corona, Fabrizia; Davidson, Joyce; Foster, Helen; Steenks, Michel H; Flato, Berit; Zulian, Francesco; Baildam, Eileen; Saurenmann, Rotraud K; Lahdenne, Pekka; Ravelli, Angelo; Martini, Alberto; Pistorio, Angela; Ruperto, Nicolino

2017-05-01

To evaluate the demographic, disease activity, disability, and health-related quality of life (HRQOL) differences between children with juvenile idiopathic arthritis (JIA) and their healthy peers, and between children with JIA with and without clinical temporomandibular joint (TMJ) involvement and its determinants. This study is based on a cross-sectional cohort of 3,343 children with JIA and 3,409 healthy peers, enrolled in the Pediatric Rheumatology International Trials Organisation HRQOL study or in the methotrexate trial. Potential determinants of TMJ involvement included demographic, disease activity, disability, and HRQOL measures selected through univariate and multivariable logistic regression. Clinical TMJ involvement was observed in 387 of 3,343 children with JIA (11.6%). Children with TMJ involvement, compared to those without, more often had polyarticular disease course (95% versus 70%), higher Juvenile Arthritis Disease Activity Score (odds ratio [OR] 4.6), more disability, and lower HRQOL. Children with TMJ involvement experienced clearly more disability and lower HRQOL compared to their healthy peers. The multivariable analysis showed that cervical spine involvement (OR 4.6), disease duration >4.4 years (OR 2.8), and having more disability (Childhood Health Assessment Questionnaire Disability Index >0.625) (OR 1.6) were the most important determinants for TMJ involvement. Clinical TMJ involvement in JIA is associated with higher disease activity, higher disability, and impaired HRQOL. Our findings indicate the need for dedicated clinical and imaging evaluation of TMJ arthritis, especially in children with cervical spine involvement, polyarticular course, and longer disease duration. © 2016, American College of Rheumatology.

The World of Juvenile Justice According to the Numbers

Science.gov (United States)

Rozalski, Michael; Deignan, Marilyn; Engel, Suzanne

2008-01-01

Intended to be an instructive, yet sobering, introduction to the complex and disturbing nature of the juvenile justice system, this article details the "numbers," including selected percentages, ratios, and dollar amounts, that are relevant to developing a better understanding of the juvenile justice system. General statistics about juvenile and…

How State Courts Have Responded to "Gertz" in Setting Standards of Fault.

Science.gov (United States)

McCarthy, William Osler

1979-01-01

A review of recent state court decisions in libel cases suggests that the law of defamation is in as much disarray as it was when the Supreme Court recognized the problem and tried to remedy it with its 1974 decision in "Gertz v. Robert Welch Inc." (GT)

Science Court on ICRH [ion cyclotron resonance heating] modeling of tokamak plasmas

International Nuclear Information System (INIS)

Hively, L.M.; Sadowski, W.L.

1987-10-01

The Applied Plasma Physics (APP) Theory program in the Office of Fusion Energy is charged with supporting the development of advanced physics models for fusion research. One such effort is ion cyclotron resonance heating (ICRH), which has seen substantial progress recently. However, due to serious questions about the adequacy of present models for CIT (Compact Ignition Tokamak), a Science Court was formed to assess ICRH models, including: validity of theoretical and computational approximations; underlying physics assumptions and corresponding limits on the results; self-consistency; any subsidiary issues needing resolution (e.g., new computer tools); adequacy of the models in simulating experiments (especially CIT); and new or improved experiments to validate and refine the models. The Court did not review work by specific individuals, institutions, or programs, thereby avoiding any biases along these lines. Rather, the Science Court was carefully structured as a technical review of ICRH theory and modeling in the US. This paper discusses the Science Court process, findings, and conclusions

Heinrich Schütz as European cultural agent at the Danish courts

DEFF Research Database (Denmark)

Moe, Bjarke

2011-01-01

that Schütz in his Danish engagement was far more than an esteemed composer. As cultural agent with contacts throughout Europe he played an important role in providing the Danish courts with desirable musicians and music. While staying in the Danish capital he extended his European network in a way so that he......Based on recent studies of sources linked to the musical milieus at the Danish courts, this article argues that Heinrich Schütz acted as European cultural agent in musical affairs while staying in Copenhagen. As Kapelmester at the Danish Court (1633-35 and 1642-44) he built up the chapel...... by engaging musicians from his own circles, e.g. members of the Saxon Hofkapelle as well as members of his own family. Both Danish Courts, the King's and the Prince-elect's, enjoyed his contacts with several European musical centres, from where he among other things purchased new music. The paper shows...

A Giant Juvenile Nasopharyngeal Angiofibroma

Science.gov (United States)

Yüce, Salim; Uysal, İsmail Önder; Doğan, Mansur; Polat, Kerem; Şalk, İsmail; Müderris, Suphi

2012-01-01

Juvenile nasopharyngeal angiofibroma (JNA) are locally growing highly vascular tumours. They are treated primarily by surgical excision ranging from open approach to endoscopic approach. We presented a 20-year-old male with a giant nasopharyngeal juvenile angiofibroma obliterating the pterygopalatine fossa bilaterally, invasing the sphenoid bone and extending to the left nasal passage. His complaints were epistaxis and nasal obstruction. After embolization, the patient was treated surgically with endoscopic approach and discharged as cured without any complication. PMID:23714961

Combination of Juvenile Papillomatosis, Juvenile Fibroadenoma and Intraductal Carcinoma of the Breast in a 15-Year-old Girl.

Science.gov (United States)

Sedloev, Theophil; Bassarova, Assia; Angelov, Kostadin; Vasileva, Mariela; Asenov, Yavor

2015-09-01

The association of juvenile papillomatosis with carcinoma is proven, but very rare, as there exist several reported cases. A 15-year-old girl with no family history of breast cancer presented with two masses in the left breast. The excisional biopsy on both lumps revealed juvenile fibroadenoma and juvenile papillomatosis epithelial proliferation multiple cystic expanded channels. In some of these channels, cytological features of intraductal carcinoma were observed. We performed a full immunohistochemical examination of the juvenile papillomatosis. The patient refused any further surgical or adjuvant treatment. There are no signs of recurrence in the 15 year follow-up. This case is a diagnostic and therapeutic challenge, taking into account the patient's age and the controversial treatment recommendations. Good collaboration between surgeons and pathologists is essential for an accurate diagnostic process and aims to avoid under- or overtreatment. Copyright© 2015 International Institute of Anticancer Research (Dr. John G. Delinassios), All rights reserved.

Challenges and prospects of the juvenile justice administration in ...

African Journals Online (AJOL)

Juvenile justice administration in Nigeria is weak and has been given very little priority, despite Nigeria being signatory to the major international instruments relevant to the administration of juvenile justice. This is attributable to the history of the penal system of Nigeria, with laws guiding juvenile justice administration having ...

Secondary Prevention Services for Clients Who Are Low Risk in Drug Court: A Conceptual Model

Science.gov (United States)

DeMatteo, David S.; Marlowe, Douglas B.; Festinger, David S.

2006-01-01

The drug court model assumes that most drug offenders are addicts, and that drug use fuels other criminal activity. As a result, drug court clients must satisfy an intensive regimen of treatment and supervisory obligations. However, research suggests that roughly one third of drug court clients do not have a clinically significant substance use…

Federal Constitutional Court. Decision of July 8, 1982 (Wyhl)

International Nuclear Information System (INIS)

Anon.

1983-01-01

With the decision of July 8, 1982, the second senate of the Federal Constitutional Court judged the action on constitutional grounds, brought in by the municipality of Sassbach near Kaiserstuhl to achieve annulment of the construction permit for Wyhl nuclear power plant, to be inadmissible and also partly unfounded. This decision was taken unanimously. In its statement the Court explains basic ideas on the applicability of the Basic Law with regard to juristic persons within the purview of public law and activities on their part outside the scope of fulfilment of public tasks, as well as on the compatibility of material regulations of preclusion in administrative procedures with the Basic Law, especially with article 19, sub-section (4) of the Basic Law. The Court decided that a municipality is not in the position to claim the right of property as laid down in article 14, para. (1) no. 1 of the Basic Law, even if it becomes active outside the scope of fulfilment of public tasks. (CB) [de

A new mass mortality of juvenile Protoceratops and size-segregated aggregation behaviour in juvenile non-avian dinosaurs.

Directory of Open Access Journals (Sweden)

David W E Hone

Full Text Available BACKGROUND: Monodominant bonebeds are a relatively common occurrence for non-avian dinosaurs, and have been used to infer associative, and potentially genuinely social, behavior. Previously known assemblages are characterized as either mixed size-classes (juvenile and adult-sized specimens together or single size-classes of individuals (only juveniles or only adult-sized individuals within the assemblage. In the latter case, it is generally unknown if these kinds of size-segregated aggregations characterize only a particular size stage or represent aggregations that happened at all size stages. Ceratopsians ("horned dinosaurs" are known from both types of assemblages. METHODS/PRINCIPAL FINDINGS: Here we describe a new specimen of the ceratopsian dinosaur Protoceratops andrewsi, Granger and Gregory 1923 from Mongolia representing an aggregation of four mid-sized juvenile animals. In conjunction with existing specimens of groups of P. andrewsi that includes size-clustered aggregations of young juveniles and adult-sized specimens, this new material provides evidence for some degree of size-clustered aggregation behaviour in Protoceratops throughout ontogeny. This continuity of size-segregated (and presumably age-clustered aggregation is previously undocumented in non-avian dinosaurs. CONCLUSIONS: The juvenile group fills a key gap in the available information on aggregations in younger ceratopsians. Although we support the general hypothesis that many non-avian dinosaurs were gregarious and even social animals, we caution that evidence for sociality has been overstated and advocate a more conservative interpretation of some data of 'sociality' in dinosaurs.

A new mass mortality of juvenile Protoceratops and size-segregated aggregation behaviour in juvenile non-avian dinosaurs.

Science.gov (United States)

Hone, David W E; Farke, Andrew A; Watabe, Mahito; Shigeru, Suzuki; Tsogtbaatar, Khishigjav

2014-01-01

Monodominant bonebeds are a relatively common occurrence for non-avian dinosaurs, and have been used to infer associative, and potentially genuinely social, behavior. Previously known assemblages are characterized as either mixed size-classes (juvenile and adult-sized specimens together) or single size-classes of individuals (only juveniles or only adult-sized individuals within the assemblage). In the latter case, it is generally unknown if these kinds of size-segregated aggregations characterize only a particular size stage or represent aggregations that happened at all size stages. Ceratopsians ("horned dinosaurs") are known from both types of assemblages. Here we describe a new specimen of the ceratopsian dinosaur Protoceratops andrewsi, Granger and Gregory 1923 from Mongolia representing an aggregation of four mid-sized juvenile animals. In conjunction with existing specimens of groups of P. andrewsi that includes size-clustered aggregations of young juveniles and adult-sized specimens, this new material provides evidence for some degree of size-clustered aggregation behaviour in Protoceratops throughout ontogeny. This continuity of size-segregated (and presumably age-clustered) aggregation is previously undocumented in non-avian dinosaurs. The juvenile group fills a key gap in the available information on aggregations in younger ceratopsians. Although we support the general hypothesis that many non-avian dinosaurs were gregarious and even social animals, we caution that evidence for sociality has been overstated and advocate a more conservative interpretation of some data of 'sociality' in dinosaurs.

Medication assisted treatment in US drug courts: results from a nationwide survey of availability, barriers and attitudes.

Science.gov (United States)

Matusow, Harlan; Dickman, Samuel L; Rich, Josiah D; Fong, Chunki; Dumont, Dora M; Hardin, Carolyn; Marlowe, Douglas; Rosenblum, Andrew

2013-01-01

Drug treatment courts are an increasingly important tool in reducing the census of those incarcerated for non-violent drug offenses; medication assisted treatment (MAT) is proven to be an effective treatment for opioid addiction. However, little is known about the availability of and barriers to MAT provision for opioid-addicted people under drug court jurisdiction. Using an online survey, we assessed availability, barriers, and need for MAT (especially agonist medication) for opioid addiction in drug courts. Ninety-eight percent reported opioid-addicted participants, and 47% offered agonist medication (56% for all MAT including naltrexone). Barriers included cost and court policy. Responses revealed significant uncertainty, especially among non-MAT providing courts. Political, judicial and administrative opposition appear to affect MAT's inconsistent use and availability in drug court settings. These data suggest that a substantial, targeted educational initiative is needed to increase awareness of the treatment and criminal justice benefits of MAT in the drug courts. Copyright © 2013 Elsevier Inc. All rights reserved.

Behavioral Genetics in Criminal and Civil Courts.

Science.gov (United States)

Sabatello, Maya; Appelbaum, Paul S

Although emerging findings in psychiatric and behavioral genetics create hope for improved prevention, diagnosis, and treatment of disorders, the introduction of such data as evidence in criminal and civil proceedings raises a host of ethical, legal, and social issues. Should behavioral and psychiatric genetic data be admissible in judicial proceedings? If so, what are the various means for obtaining such evidence, and for what purposes should its admission be sought and permitted? How could-and should-such evidence affect judicial outcomes in criminal and civil proceedings? And what are the potential implications of using behavioral and psychiatric genetic evidence for individuals and communities, and for societal values of equality and justice? This article provides an overview of the historical and current developments in behavioral genetics. We then explore the extent to which behavioral genetic evidence has-and should-affect determinations of criminal responsibility and sentencing, as well as the possible ramifications of introducing such evidence in civil courts, with a focus on tort litigation and child custody disputes. We also consider two ways in which behavioral genetic evidence may come to court in the future-through genetic theft or the subpoena of a litigant's biospecimen data that was previously obtained for clinical or research purposes-and the concerns that these possibilities raise. Finally, we highlight the need for caution and for approaches to prevent the misuse of behavioral genetic evidence in courts.

Sports Participation and Juvenile Delinquency: A Meta-Analytic Review.

Science.gov (United States)

Spruit, Anouk; van Vugt, Eveline; van der Put, Claudia; van der Stouwe, Trudy; Stams, Geert-Jan

2016-04-01

Participation in sports activities is very popular among adolescents, and is frequently encouraged among youth. Many psychosocial health benefits in youth are attributed to sports participation, but to what extent this positive influence holds for juvenile delinquency is still not clear on both the theoretical and empirical level. There is much controversy on whether sports participation should be perceived as a protective or a risk factor for the development of juvenile delinquency. A multilevel meta-analysis of 51 published and unpublished studies, with 48 independent samples containing 431 effect sizes and N = 132,366 adolescents, was conducted to examine the relationship between sports participation and juvenile delinquency and possible moderating factors of this association. The results showed that there is no overall significant association between sports participation and juvenile delinquency, indicating that adolescent athletes are neither more nor less delinquent than non-athletes. Some study, sample and sports characteristics significantly moderated the relationship between sports participation and juvenile delinquency. However, this moderating influence was modest. Implications for theory and practice concerning the use of sports to prevent juvenile delinquency are discussed.

Moral development of solo juvenile sex offenders

NARCIS (Netherlands)

van Vugt, E.; Stams, G.J.; Dekovic, M.; Brugman, D.; Rutten, E.; Hendriks, J.

2008-01-01

This study compared the moral development of solo juvenile male sex offenders (n = 20) and juvenile male non-offenders (n = 76), aged 13-19 years, from lower socioeconomic and educational backgrounds. The Moral Orientation Measure (MOM) was used to assess punishment- and victim-based moral

Investigating deviations from norms in court interpreting

DEFF Research Database (Denmark)

Dubslaff, Friedel; Martinsen, Bodil

Since Shlesinger (1989) discussed the applicability of translational norms to the field of interpreting, a number of scholars have advocated the use of this concept as a frame of reference in interpreting research (e.g. Harris 1990, Schjoldager 1994, 1995, Jansen 1995, Gile 1999, Garzone 2002). Due...... for the study, we intend to conduct interviews instead. The purpose of the study is to investigate deviations from translational norms in court interpreting. More specifically, we aim to identify and describe instances of deviant behaviour on the part of the interpreters, discuss signs of possible deviant...... speaking these languages. This example does not immediately indicate that Translation Studies might be able to contribute to, for example, an improvement of the training situation for the group of court interpreters mentioned above. However, in our opinion, there is reason to believe that TS can make...

Courts, Scheduled Damages, and Medical Malpractice Insurance

DEFF Research Database (Denmark)

Bertoli, Paola; Grembi, Veronica

We assess the impact of the introduction of schedules of non-economic damages (i.e. tiered caps systems) on the behavior of insurers operating in the medical liability market for hospitals while controlling the performance of the judicial system, measured as court backlog. Using a difference......-in-differences strategy on Italian data, we find that the introduction of schedules increases the presence of insurers (i.e. medical liability market attractiveness) only in inefficient judicial districts. In the same way, court inefficiency is attractive to insurers for average values of schedules penetration...... of the market, with an increasing positive impact of inefficiency as the territorial coverage of schedules increases. Finally, no significant impact is registered on paid premiums. Our analysis sheds light on a complex set of elements affecting the decisions of insurers in malpractice markets. The analysis...

Rulings in Argentinean and Colombian courts decriminalize possession of small amounts of narcotics.

Science.gov (United States)

Cozac, David

2009-12-01

Two recent court decisions in South America have reflected a growing backlash in the region against the so-called, U.S.-led "war on drugs". In Argentina, the Supreme Court of Justice ruled unanimously on 25 August 2009 that the second paragraph of Article 14 of the country's drug control legislation, which punishes the possession of drugs for personal consumption, was unconstitutional. In Colombia, the Supreme Court of Justice ruled on 8 July 2009 that the possession of illegal drugs for personal use was not a criminal offence.

25 CFR 11.1014 - Medical examination.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Medical examination. 11.1014 Section 11.1014 Indians... ORDER CODE Juvenile Offender Procedure § 11.1014 Medical examination. The children's court may order a medical examination for a minor who is alleged to be a juvenile offender. ...

Courts of customary law in the post-soviet states: history and the current situation

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Сергій Володимирович Васильєв

2016-01-01

Full Text Available Problem setting and relevance of the research topic. Research of courts of customary law is not a new trend in the domestic legal science. However, it should be noted that this issue was covered mainly in the historical and ethnographic aspect, and, as a rule, in relation to specific countries or peoples. Taking into account the fact that in some post-Soviet states the rules of the customary law have remained and take effect even under the current conditions, there is a need to study people’s judgment on the basis of historical experience, taking into account the fact that there is no special scientific research on this subject. Paper objective. On the basis of studying the courts of customary law that existed in the territory of the post-Soviet states, to reveal their diversity, special features and peculiarities of formation and to analyze the contemporary forms of the aforementioned courts. Paper main body. The courts of customary law existed in various nations and nationalities since ancient times. The identity of one or another traditional court depended on such facts as the territorial location of the community, the level of economic and cultural development, type of religion, etc. In this paper the organization of the traditional justice of post-Soviet states in the second half of the XIX century was studied, when the basic territorial boundaries of the Russian Empire were formed. It is within these boundaries the peoples lived, who subsequently became Soviet republics, and then independent states. The main characteristic features of traditional courts that existed in the territory of post-Soviet states have been emphasized (1 judicial procedure was not regulated in detail; (2 the rules of the customary law (adat rules were the basis of the justice; (3 members of the court were competent persons of the community; (4 the court was common for all members of the community; (5 disputes were resolved through reconciliation of the parties; (6

ECHR and national constitutional courts

OpenAIRE

Nastić, Maja

2015-01-01

Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR) encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the cruc...

Juvenil idiopatisk arthritis

DEFF Research Database (Denmark)

Herlin, Troels

2002-01-01

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

The impact of decisions the european court of human rights on the legal system of Ukraine

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О. О. Сидоренко

2015-11-01

Full Text Available The article describes the identifying areas of influence of the European Court on the legal system of Ukraine, as well as the enforcement mechanism of decisions. Analyzes the problems that affect the designated question and points of view of different scholars and practitioners. In Europe there are different documents – convention covenants, charters that provide and ensure the inclusion of a special protection mechanism in case of violation of human rights. These documents Convention on Human Rights and Fundamental Freedoms (Rome, 1950, hereinafter - the Convention, which provides the most effective and real protection mechanism for human rights. Convention not only proclaimed fundamental human rights, but also created a special mechanism to protect them. The key to this mechanism is the European Court of Human Rights. European Court of Human Rights (hereinafter - the Court located in Strasbourg, France. Its jurisdiction extends to forty-seven European states that are members of the Council of Europe and signatories. Article 9 of the Constitution of Ukraine clearly states that international treaties, ratified by the Verkhovna Rada of Ukraine are part of the national legislation of Ukraine. The Court can not apply the law that governs the legal relationship in question, other than an international agreement. However, international agreements apply if they do not contradict the Constitution of Ukraine. Urgency of the problem by the growth requirements of the rule of law in the judiciary, increasing legal awareness of citizens and their activity to protect their rights and freedoms, the presence of non judicial legislation with international legal acts. Procedural legislation of Ukraine in many aspects not harmonized not only in line with the decisions of the European Court, but also to the current constitution. Ukraine ratified the Convention for the Protection of Human Rights and Fundamental Freedoms July 17, 1997. Since then, the citizens of

Orofacial pain, jaw function, and temporomandibular disorders in adult women with a history of juvenile chronic arthritis or persistent juvenile chronic arthritis

DEFF Research Database (Denmark)

Bakke, M.; Zak, M.; Jensen, B.L.

2001-01-01

Orofacial pain, jaw function, temporomandibular disorders, adult women persistent juvenil chronic arthritis......Orofacial pain, jaw function, temporomandibular disorders, adult women persistent juvenil chronic arthritis...

The Vestige Of Court Poetry In Modern Yoruba Music: A Study Of ...

African Journals Online (AJOL)

This article examines the retention of some features of traditional court poetry in modern Yoruba music. The article's focus is the juju music even as Sikiru Ayinde Barrister attracts the attention of the article. Efforts are made to establish the similarities between court poets and modern musicians in the performance of the roles ...

The Legal Forensic Model in Determining the Genuineness of Islamic Banking Documents and Their Application in Shariah Courts

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Wan Abdul Fattah Wan Ismail

2017-12-01

Full Text Available Falsification of documents does not only happen in civil courts. Shariah courts also face the same problems despite being ‘religiously’-oriented courts. It can be argued that, in the case of Malaysia, civil courts have clearer guidelines regarding the authentication of documents compared to Shariah courts. This study utilised a questionnaire survey as well as interviews in collecting data to measure the perceptions and opinions of relevant respondents with various stake holdings from those who practice law, with a Shariah and civil background. It should be noted that the key informants were comprised of forensic experts Shariah and civil practitioners. Analysis of the collected data indicates that the necessity of forming a legal forensic model is supported by the majority of the participants, which, therefore, implies that a forensic model that makes the authentication of documents more structured, clear and practical must be formed in Shariah courts. The practice of civil courts in relation to the authentication of documents should be used as a model in Shariah courts so long as they comply with the principles of Islamic law.

Comparison of victims' reports and court records of intimate partner violence perpetrators' criminal case outcomes.

Science.gov (United States)

Bell, Margret E; Larsen, Sadie E; Goodman, Lisa A; Dutton, Mary Ann

2013-09-01

Intimate partner violence (IPV) victims often report feeling confused and uninformed about court proceedings, including even about the final disposition of the case against their partner. This is problematic because victims' decisions in responding to subsequent abuse may be significantly influenced by their beliefs about the outcomes of prior court experiences. Also, researchers often rely on victim report of court case outcomes; discrepancies between women's reports and official records may account for some of the conflicting findings in the empirical literature. In the current study, we compared the reports of case outcome given by 81 women recruited immediately after the final hearing of an IPV-related criminal case against their perpetrator with court records of case outcome. Findings revealed a fair level of agreement between women's reports and court files that was significantly different from the level of agreement expected by chance, but far from perfect. Level of agreement increased substantially when cases involving suspended sentences were removed. In reviewing these findings, we discuss the extent to which results can or cannot be interpreted as reflecting the accuracy of women's knowledge and review their implications for IPV researchers and court systems.

Juvenile Obesity, Physical Activity, and Lifestyle Changes.

Science.gov (United States)

Bar-Or, Oded

2000-01-01

Because many obese children become obese adults, the recent rapid increase in juvenile obesity poses a major public health challenge. Enhanced physical activity is a cornerstone in a multidisciplinary approach to preventing and treating juvenile obesity. Giving exercise recommendations focused for obese youth is critical. Cutting down on sedentary…

Preliminary evidence of altered biomechanics in adolescents with juvenile fibromyalgia.

Science.gov (United States)

Sil, Soumitri; Thomas, Staci; DiCesare, Christopher; Strotman, Daniel; Ting, Tracy V; Myer, Gregory; Kashikar-Zuck, Susmita

2015-01-01

Juvenile fibromyalgia (FM) is characterized by chronic musculoskeletal pain and marked reduction in physical activity. Despite recommendations for exercise to manage juvenile FM pain, exercise adherence is poor. Because of pain and activity avoidance, adolescents with juvenile FM are at risk for altered joint mechanics that may make them susceptible to increased pain and reduced tolerance for exercise. The primary aim of this study was to assess functional deficits in patients with juvenile FM compared to healthy controls using objective biomechanical assessment. Female adolescent patients with juvenile FM (n = 17) and healthy controls (n = 14) completed biomechanical assessments, including gait analysis and tests of lower extremity strength (isokinetic knee extension/flexion and hip abduction) and functional performance (drop vertical jump test) along with self-reported measures of disability (Functional Disability Inventory), pain intensity, depressive symptoms (Children's Depression Inventory), and fear of movement (Tampa Scale of Kinesiophobia). Patients with juvenile FM demonstrated mild deficiencies in walking gait and functional performance (P < 0.05 for both) and significantly lower left knee extension and flexion strength (18-22% deficit) and bilateral hip abduction strength (34-38%) compared with healthy controls (P < 0.008 for all). Patients with juvenile FM reported significantly higher functional disability, pain intensity, depressive symptoms, and fear of movement relative to controls (P < 0.01 for all). This study showed that adolescents with juvenile FM exhibited objective alterations in biomechanics and self-reported fear of movement that may have reinforced their activity avoidance. Interventions for juvenile FM should include a focus on correcting functional deficits and instilling greater confidence in adolescents with juvenile FM to engage in exercise to improve functional outcomes. Copyright © 2015 by the American College of Rheumatology.

Examination of the influence of juvenile Atlantic salmon on the feeding mode of juvenile steelhead in Lake Ontario tributaries

Science.gov (United States)

Johnson, James H.; Waldt, Emily M.

2014-01-01

We examined diets of 1204 allopatric and sympatric juvenile Atlantic salmon (Salmo salar) and steelhead (Oncorhynchus mykiss) in three tributaries of Lake Ontario. The diet composition of both species consisted primarily of ephemeropterans, trichopterans, and chironomids, although juvenile steelhead consumed more terrestrial invertebrates, especially at the sympatric sites. Subyearlings of both species consumed small prey (i.e. chironomids) whereas large prey (i.e. perlids) made up a higher percentage of the diet of yearlings. The diet of juvenile steelhead at the allopatric sites was more closely associated with the composition of the benthos than with the drift, but was about equally associated with the benthos and drift at the sympatric sites. The diet of both subyearling and yearling Atlantic salmon was more closely associated with the benthos than the drift at the sympatric sites. The evidence suggests that juvenile steelhead may subtly alter their feeding behavior in sympatry with Atlantic salmon. This behavioral adaptation may reduce competitive interactions between these species.

Dignity and the death penalty in the United States Supreme Court

OpenAIRE

Malkani, Bharat

2016-01-01

The US Supreme Court has repeatedly invoked the idea of dignity in its Eighth Amendment jurisprudence, particularly in cases involving capital punishment. However, it has never articulated a clear and consistent conception of dignity. The first half of this paper examines the Court's inconsistent use, and highlights how various justices have used different conceptions of human dignity, communitarian dignity, and institutional dignity to uphold the constitutionality of capital punishment. This...

Judicial Reform and Commercial Justice : The Experience of Tanzania's Commercial Court

OpenAIRE

Finnegan, David Louis

2004-01-01

Policymakers in developing and transition economies recognize the important role played by judiciaries in creating an institutional environment conducive to robust private sector activity. In the case of Tanzania, the government, with the support of local business groups, international investors, and the donor community, created a specialized court dedicated to considering and resolving commercial and financial cases. The Commercial Division of the High Court of Tanzania (the "Commercial Cour...

5 CFR Appendix A to Subpart F of... - Recommended Language for Court Orders Dividing Employee Annuities

Science.gov (United States)

2010-01-01

... retirement benefits to surviving children of the marriage including any adopted children, in equal shares... court order must state the date of the marriage. Unless the court order specifies a different ending date, the marriage ends for computation purposes on the date that the court order is filed with the...

National constitutional courts in the European Constitutional Democracy

DEFF Research Database (Denmark)

Komárek, Jan

2014-01-01

This article critically assesses the transformation of national constitutional courts’ place in the law and politics of the EU and its member states. This process eliminates the difference between constitutional and ordinary national courts, which is crucial for the institutional implementation...... of the discourse theory of law and democracy. It also disrupts the symbiotic relationship between national constitutional democracies established after World War II and European integration. The article argues that maintaining the special place of national constitutional courts is in the vital interest of both...... the EU and its member states, understood together as the European Constitutional Democracy—the central notion developed in this article in order to support an argument that should speak to both EU lawyers and national constitutionalists....

Muelheim-Kaerlich nuclear power station. Federal Administrative Court: Decision of March 4, 1992, ref. no. BVerwG 7 B 93.91, lower instance: Higher Administrative Court of Rheinland-Pfalz, ref. no. OVG 7 C 11749/90

International Nuclear Information System (INIS)

Anon.

1992-01-01

The Federal Administrative Court sustained the objection to nonadmission lodged by the public company RWE Energie AG after the Higher Administrative Court in Koblenz had rejected the appeal against its judgement (new first partial licence). Under paragraph 132 sec. 2 no. 1 of the Rules of the Administrative Court the appeal has to be granted. (HP) [de

Multivariate analysis with LISREL

CERN Document Server

Jöreskog, Karl G; Y Wallentin, Fan

2016-01-01

This book traces the theory and methodology of multivariate statistical analysis and shows how it can be conducted in practice using the LISREL computer program. It presents not only the typical uses of LISREL, such as confirmatory factor analysis and structural equation models, but also several other multivariate analysis topics, including regression (univariate, multivariate, censored, logistic, and probit), generalized linear models, multilevel analysis, and principal component analysis. It provides numerous examples from several disciplines and discusses and interprets the results, illustrated with sections of output from the LISREL program, in the context of the example. The book is intended for masters and PhD students and researchers in the social, behavioral, economic and many other sciences who require a basic understanding of multivariate statistical theory and methods for their analysis of multivariate data. It can also be used as a textbook on various topics of multivariate statistical analysis.

Intelligence Score Profiles of Female Juvenile Offenders

Science.gov (United States)

Werner, Shelby Spare; Hart, Kathleen J.; Ficke, Susan L.

2016-01-01

Previous studies have found that male juvenile offenders typically obtain low scores on measures of intelligence, often with a pattern of higher scores on measures of nonverbal relative to verbal tasks. The research on the intelligence performance of female juvenile offenders is limited. This study explored the Wechsler Intelligence Scale for…

Consumer-directed health care and the courts: let the buyer (and seller) beware.

Science.gov (United States)

Jacobson, Peter D; Tunick, Michael R

2007-01-01

In consumer-directed health care, patients will be expected to exert greater control over their spending decisions than before. As consumer-directed care gains market acceptance, courts will inevitably be involved in resolving challenges to the new arrangements. We anticipate that courts will be generally favorable toward consumer-directed care, but the new legal doctrine will not uniformly favor medical professionals and insurers. The information demands inherent in consumer-directed care will present particular legal challenges to physicians and insurers. Even as courts provide flexibility to reflect the new market realities, they will closely monitor how consumer-directed care is implemented.

The Camp Hill Project: Objectives and Design

Science.gov (United States)

Mattingly, John B.

1976-01-01

Available from: EC 090 474. Outlined are the problems and objectives of Pennsylvania's Camp Hill Project--a program designed to complete psychological needs assessments for juveniles incarcerated at Camp Hill, to develop project policies and guidelines in preparation for meeting with juvenile court judges, and to hire staff. (SBH)

Understanding the failure of health-care exceptionalism in the Supreme Court's Obamacare decision.

Science.gov (United States)

Moncrieff, Abigail R

2012-09-01

On June 28, 2012, a mere century after the first presidential proposal for national health insurance, the Supreme Court issued a resounding victory for President Obama and for health-care reform generally, upholding the Patient Protection and Affordable Care Act against a serious constitutional challenge. Nevertheless, the Court also struck a potential blow to future health-care reform efforts in refusing to accept the solicitor general's argument that health care is a unique market with unique regulatory needs that justify special constitutional treatment. The failure of health-care exceptionalism in the Court's opinion might render future reform efforts more difficult than they would have been if the solicitor general's argument had carried the day. This commentary seeks to shed light on the Court's hesitation to recognize the uniqueness of health insurance and health care, noting that market-based exceptionalism in constitutional law has a long, dark history that the Court was understandably loath to repeat. Although the result of Chief Justice John Roberts' one-size-fits-all approach to constitutional analysis in this case is an odd holding that elides some genuine uniqueness of American health care, the alternative of health-care exceptionalism might have been much worse for our overall constitutional system.

KAJIAN YURIDIS TERHADAP CONTEMPT OF COURT DI DEPAN PENGADILAN (STUDI DI DEPAN PENGADILAN NEGERI MEDAN

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Syarifah Masthura

2011-11-01

Full Text Available Pengertian Contempt Of Court adalah segala tindakan berbuat aktif atau tidak melakukan (fasif dilakuan oleh mereka yang berperkara atau pihak lain yang tidak terlibat yang cenderung mengganggu, mencampuri proses penyelenggaraan peradilan sehingga merendahkan martabat peradilan.Pengaturan mengenai tindak pidana terhadap peradilan Contempt Of Court di Indonesia dapat dilihat dari diundangkannya UU No 14 Tahun 1985 tentang Mahkamah Agung dan juga tersebar dalam beberapa pasal dalam KUHP. Fenomena dalam peradilan kita menunjukan Contempt Of Court terjadi hampir di setiap lembaga pengadilan. Kewibaan peradilan mengalami penurunan akibat perilaku tidak baik yang dilakukan oleh para pihak yang berperkara maupun juga dilakukan oleh aparat penegak hukum. Dalam penelitian ini akan mmengkaji pengaturan bentuk-bentuk Contempt Of Court di Indonesia, selanjutnya akan di teliti sebab-sebab terjadi Contempt Of Court di depan pengadilan dan bagaimana seharusnya penanggulan tindak pidana Contempt Of Court.Contempt Of Court terjadi di depan pengadilan disebabkan belum bekerjanya sistem hukum dengan  baik. Perilaku hukum dan budaya hukum yang dipengaruhi oleh sistem hukum yang diterapkan di Indonesia. Hukum modern di Indonesia diterima dan dijalankan sebagai suatu instansi baru yang yang didatangkan atau dipaksakan dari luar, yakni melalui kebijakan colonial Hindia Belanda. Aparat penegak hukum belum bekerja dengan baik untuk dapat menegakan hukum, terutama ketika sidang di pengadilan maka fungsi dan peran jaksa, advokat, dan hakim belum mencerminkan upaya  hukum yang maksimal. Budaya hukum masyarakat dalam euphoria reformasi menunjukan kurangnya penghargaan terhadap kewibawaan hukum. Hal ini diperparah dengan kekecewaan praktek pengadilan dan mafia peradilan.

MEDICAL AND LEGAL ISSUES OF THE DECISIONS RENDERED BY THE EUROPEAN COURT OF HUMAN RIGHTS.

Science.gov (United States)

Chakhvadze, B; Chakhvadze, G

2017-01-01

The European Convention on Human rights is a document that protects human rights and fundamental freedoms of individuals, and the European Court of Human Rights and its case-law makes a convention a powerful instrument to meet the new challenges of modernity and protect the principles of rule of law and democracy. This is important, particularly for young democracies, including Georgia. The more that Georgia is a party to this convention. Article 3 of the convention deals with torture, inhuman and degrading treatment, while article 8 deals with private life, home and correspondence. At the same time, the international practice of the European court of human rights shows that these articles are often used with regard to medical rights. The paper highlights the most recent and interesting cases from the case-law of the ECHR, in which the courts conclusions are based solely on the European Convention on Human Rights. In most instances, the European Court of Human Rights uses the principle of democracy with regard to medical rights. The European court of human rights considers medical rights as moral underpinning rights. Particularly in every occasion, the European Court of Human Rights acknowledges an ethical dimension of these rights. In most instances, it does not matter whether a plaintiff is a free person or prisoner, the European court of human rights make decisions based on fundamental human rights and freedoms of individuals.

Penalty responsibility of juveniles in the Republic of Srpska

Directory of Open Access Journals (Sweden)

Grbić-Pavlović Nikolina

2011-01-01

Full Text Available The youngest members of organized society, more intensive than ever enter the circle of those whose behavior is deviant. Juvenile delinquency is a social problem, which recently experienced an expansion in all modern countries, including Bosnia and Herzegovina and the Republic of Srpska. Considering the fact that juvenile delinquency includes lighter criminal conducts, such as, for example misdemeanors, in this paper a position of juveniles when they are a perpetrators of misdemeanors will be analyzed. Also, the paper will statistically show the number of misdemeanors in the field of public peace and order that juveniles conducted in the Republic of Srpska in the period 2004-2009.

Delincuencia y responsabilidad penal juvenil en Colombia

Directory of Open Access Journals (Sweden)

Cristina Montalvo Velásquez

2011-01-01

Full Text Available ResumenEl término «delincuencia juvenil» fue acuñado en Inglaterra en el año 1815, “Se entiende por delincuencia juvenil el conjunto de delitos, contravenciones o comportamientos socialmente reprochables, que cometen las personas consideradas como jóvenes por la ley”1 . Cada Estado está sujeto a su propio sistema jurídico, para algunos es delincuente juvenil el adolescente que comete acciones sancionadas por la ley sin importar su gravedad, otros Estados sólo consideran como delincuente juvenil al joven que comete un acto delictivo grave.El fenómeno de la delincuencia juvenil es algo que se inscribe en los espacios de una sociedad en la cual su estructura material, y su formación social consecuente, se halla en una profunda crisis. Que jóvenes conformen bandas de delincuencia organizada nos está indicando que son el resultado de la misma criminalidad general que se ha apoderado de la sociedad en la perspectiva de lograr sobrevivir materialmente. El capitalismo no es sólo acumulación de riqueza sino concentración de la misma en muy pocas manos; y todo el sistema institucional y legal tiende a favorecer ese fenómeno porque éste constituye la supra estructura del modo de producción capitalista. Así como los adultos se organizan para delinquir, lo hacen los niños y los jóvenes a partir de una edad en la cual pueden percibir que la sociedad no es sana y no tienen porvenir humano en ella. Abandonados y sujetos a la violencia que engendra el sistema, ellos simplemente responden en una manifestación de reflejos condicionados que sostienen la sobrevivencia en forma instintiva; “los niños no saben de normas legales sino de formas de sobrevivir a semejante situación; el instinto de sobrevivencia no tiene edades ni la normatividad puede incidir en él”.Palabras ClavesDelincuencia juvenil, Jóvenes, Criminalidad, Familia, Factores, Acto delictivo, Responsabilidad Penal.AbstractThe term “juvenile delinquency” was coined in

Evolution of Juvenile Ankylosing Spondylitis

Directory of Open Access Journals (Sweden)

Ye.V. Prohorov

2013-02-01

Full Text Available Evolution of juvenile ankylosing spondylitis tend to follow a more frequent involvement in the pathological process of elbow and ankle joints, development of enthesiopathies, changes of intraarticular meniscal horns, forming of Baker’s cysts, cartilage flaps and systemic osteoporosis, and total value of all these signs 13 times exceeds thereof in patients with with the debut of disease in adulthood, but for juvenile ankylosing spondylitis vertebral lesion is less common. Age dimorphism of the use of certain groups of drugs and physiotherapy facilities is observed.

Yolo Bypass Juvenile Salmon Utilization Study 2016—Summary of acoustically tagged juvenile salmon and study fish release, Sacramento River, California

Science.gov (United States)

Liedtke, Theresa L.; Hurst, William R.

2017-09-12

The Yolo Bypass is a flood control bypass in Sacramento Valley, California. Flood plain habitats may be used for juvenile salmon rearing, however, the potential value of such habitats can be difficult to evaluate because of the intermittent nature of inundation events. The Yolo Bypass Juvenile Salmon Utilization Study (YBUS) used acoustic telemetry to evaluate the movements and survival of juvenile salmon adjacent to and within the Yolo Bypass during the winter of 2016. This report presents numbers, size data, and release data (times, dates, and locations) for the 1,197 acoustically tagged juvenile salmon released for the YBUS from February 21 to March 18, 2016. Detailed descriptions of the surgical implantation of transmitters are also presented. These data are presented to support the collaborative, interagency analysis and reporting of the study findings.

Gutta cavat lapidem... the Brokdorf decision of the Federal Constitutional Court

International Nuclear Information System (INIS)

Eyermann, E.

1986-01-01

The issue discussed is the decision taken by the Federal Constitutional Court on May 14, 1985 - Case number 1 BvR 233 and 341/81 -, concerning a ban on political demonstrations against the Brokdorf reactor. The author expresses surprise and concern about the fact that the right to hold demonstrations in the public is so overemphasized, as he holds that the too great number of political demonstrations we have seen in the past will snag a common feeling of solidarity with the Government and will foster a feeling of listlessness in the general population. As to the case brought before the Federal Constitutional Court, the author's opinion is that the Court ought to have dismissed the constitutional complaints as there is no infringement of civil rights involved in the case, and complaints were inadmissible. (HSCH) [de

Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

National Research Council Canada - National Science Library

Elsea, Jennifer K; Thomas, Kenneth

2005-01-01

.... Lawyers have filed more than a dozen petitions on behalf of some 60 detainees in the District Court for the District of Columbia, where judges have reached conflicting conclusions as to whether...

Shutdown of biogas plant by court ruling; Runterfahren

Energy Technology Data Exchange (ETDEWEB)

Bensmann, Martin; May, Hanne

2009-04-15

A decision of the Federal Constitutional Court will have disastrous consequences for the world's biggest biogas plant at Penkun, Germany. Many thousands of investors will be involved as well. (orig.)

Prevalence of traumatic brain injury in juvenile offenders: a meta-analysis.

Science.gov (United States)

Farrer, Thomas J; Frost, R Brock; Hedges, Dawson W

2013-01-01

Studies of traumatic brain injury (TBI) among adult populations demonstrate that such injuries can lead to aggressive behaviors. Related findings suggest that incarcerated individuals have high rates of brain injuries. Such studies suggest that traumatic brain injury may be related to the etiology and recidivism of criminal behavior. Relatively few studies have examined the prevalence of TBI using a delinquent juvenile sample. In order to assess the relationship between TBI and juvenile offender status, the current study used meta-analytic techniques to examine the odds of having a TBI among juvenile offenders. Across 9 studies, we found that approximately 30% of juvenile offenders have sustained a previous brain injury. Across 5 studies that used a control group, a calculated summary odds ratio of 3.37 suggests that juvenile offenders are significantly more likely to have a TBI compared to controls. Results suggest that the rate of TBIs within the juvenile offender population is significant and that there may be a relationship between TBIs and juvenile criminal behavior.

The Evolution of the Right of Individuals to Seise the European Court of Human Rights

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

2010-01-01

The year 2009 was a milestone for the European Court of Human Rights ("ECtHR" or "the Court") in at least two ways. On the bright side, the Court can celebrate its 50th anniversary and its continuous role as principal promoter of human rights in the now 47 Member States of the Council of Europe...... ("CoE" or "the Council"). However, 2009 was also the year in which the number of pending cases before the Court passed the disturbing 100,000 benchmark. Paradoxically, the main reason for both the Court's success and its current crisis is the right of petition of individuals. The present article...... contains a detailed inquiry into the coming into existence of this central feature of the control machinery of European Convention for the Protection of Human Rights and Fundamental Freedoms ("ECHR" or "the Convention") that was labelled a breakthrough in the field of human rights as well as in general...

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

NARCIS (Netherlands)

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

2014-01-01

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

The Prevalence of HIV Risk Behaviors among Felony Drug Court Participants.

Science.gov (United States)

Festinger, David S; Dugosh, Karen L; Metzger, David S; Marlowe, Douglas B

2012-01-01

A small percentage of participants in a large metropolitan felony Drug Court engaged in high-risk injection drug use, but a large percentage engaged in high-risk sexual behaviors. HIV risk behaviors were associated with being male, African-American, and younger. A large proportion of Drug Court participants resided in areas of the city with a high prevalence of persons living with HIV/AIDS, thus heightening the probability of exposure to the virus.

Push Characteristics in Wheelchair Court Sport Sprinting

NARCIS (Netherlands)

van der Slikke, Rienk M A; Berger, Monique; Bregman, Daan; Veeger, Dirkjan

2016-01-01

Short sprints are important components of most wheelchair court sports, since being faster than the opponent often determines keeping ball possession or not. Sprinting capacity is best measured during a field test, allowing the athlete to freely choose push strategies adapted to their own wheelchair

Push characteristics in wheelchair court sport sprinting

NARCIS (Netherlands)

van der Slikke, R.M.A.; Berger, Monique; Bregman, D.J.J.; Veeger, H.E.J.; van der Helm, FCT; Jansen, AJ

2016-01-01

Short sprints are important components of most wheelchair court sports, since being faster than the opponent often determines keeping ball possession or not. Sprinting capacity is best measured during a field test, allowing the athlete to freely choose push strategies adapted to their own

Challenging international criminal tribunals before domestic courts

NARCIS (Netherlands)

d' Aspremont, J.; Brölmann, C.; Reinisch, A.

2011-01-01

International courts, despite the wide-ranging means that have been put at their disposal, need the cooperation of various domestic actors. The cooperation of States with international criminal tribunals has not always been without difficulty, as these tribunals have been the object of various

Court Upholds Confidentiality of Research Records/Data.

Science.gov (United States)

Florio, David H.

1980-01-01

Reviews the background of the Forsham v Harris case and discusses the implications of the Supreme Court's ruling that research records and data of federally funded grantees are not considered federal agency records subject to disclosure under the Freedom of Information Act. (Author/GC)

No Statecraft, Questionable Jurisprudence: How the Supreme Court Tried to Kill Senate Reform

Directory of Open Access Journals (Sweden)

F.L. Ted Morton

2015-04-01

Full Text Available In the Senate Reform Reference of 2014, the Supreme Court of Canada declared the Harper government’s proposed reforms to the Canadian Senate unconstitutional. The court ruled that the Federal Government could not legislate non-binding, consultative elections for selecting senators, nor legislate term limits for senators without the consent of at least seven of the 10 provinces. It also ruled that abolishing the Senate would require the unanimous consent of all 10 provinces. The court’s ruling is widely understood to have put an end to the Senate reform movement of the past three decades and to have constitutionally entrenched the Senate status quo. My analysis criticizes the court for failing to play a constructive role in facilitating the political reform of an institution that has ceased to serve any useful political purpose (other than patronage and for unnecessarily condemning Canadians to endure this dysfunctional second chamber for at least another generation. In earlier analogous cases of political deadlock and constitutional ambiguity— the Patriation Reference of 1981 and the Quebec Secession Reference of 1997—the court exercised “bold statecraft [if] questionable jurisprudence” to craft compromise rulings that facilitated subsequent resolutions by elected governments. But not in this case. The court could have easily reached a more constructive conclusion following its own “living tree” approach to constitutional interpretation. The court ignored its own “foundational constitutional principles” of democracy and federalism—values that would be enhanced by provincial Senate elections. Indeed, the court has now given greater constitutional support for secession referendums in Quebec than it has for democratically elected senators. I suggest that there is still an exit strategy for the Harper government out of this judicially created dead end: simply turn the appointment of future senators over to provincial premiers

Miastenia gravis juvenil Juvenile myasthenia gravis

OpenAIRE

Oscar Papazian; Israel Alfonso; Nayle Araguez

2009-01-01

La miastenia gravis juvenil (MGJ) es un trastorno crónico auto inmune en el cual existen anticuerpos séricos que al unirse a los receptores de acetilcolin nicotínicos de la membrana muscular de la placa motora alteran la transmisión neuromuscular. El resultado es fatiga muscular precoz con progresión a la parálisis durante estados de contracción muscular iterativos (movimientos) o sostenidos (posturas) y más raramente parálisis permanente durante el reposo. Los músculos inervados por los nerv...

Using Conceptual Tensions and Supreme Court Cases to Increase Critical Thinking in Government and Civics Classrooms

Science.gov (United States)

Magwood, Ayo; Ferraro, Krista Fantin

2013-01-01

Each week, U.S. government classes at the authors' school eagerly organize and participate in moot courts. When they began a search for a Supreme Court case study on substantive due process, they found that the only appropriate brief on the StreetLaw website--a treasure trove of student-accessible court case summaries--"Lawrence v.…

Juvenile xanthogranuloma of the corneoscleral limbus.

Science.gov (United States)

Yanoff, M; Perry, H D

1995-07-01

Juvenile xanthogranuloma is a rare and usually benign skin disease of unknown cause that occurs in infants and young children. We studied a case of juvenile xanthogranuloma of the corneoscleral limbus in a 17-year-old black boy, who presented with a 5-month history of a lump in the right eye. The lesion extended from the superior limbus, fanning out as it proceeded posteriorly for 6 mm with a width of 9 mm and a height of 2 to 3 mm. This yellow-orange mass was vascular and firmly fixed to the underlying tissue. The lesion was diagnosed as a dermoid and observed for 7 months without documented growth before an uneventful excisional biopsy was performed. The pathologic diagnosis showed the characteristic picture of juvenile xanthogranuloma with numerous Touton giant cells. Lipid stains provided further confirmation.

Modelling population effects of juvenile offshore fish displacement towards adult habitat

DEFF Research Database (Denmark)

van de Wolfshaar, K.E.; Tulp, I.; Wennhage, H.

2015-01-01

consequences on population dynamics through changes in resource use and competition. To explore this, a conceptual stage-structured model was developed with 3 stages and 2 resources and allowing a move of large juveniles from the shallow to the deep habitat. Large juveniles compete with small juveniles...... in shallow waters and with adults in deeper waters. Alternative stable states occur, with one state dominated by small juvenile biomass and the other dominated by adult biomass. The model results show for both states that while large juvenile biomass responds to a change in time spent in the deep habitat...

Imaging of juvenile spondyloarthritis. Part I: Classifications and radiographs

Directory of Open Access Journals (Sweden)

Iwona Sudoł-Szopińska

2017-09-01

Full Text Available Juvenile spondyloarthropathies are manifested mainly by symptoms of peripheral arthritis and enthesitis. By contrast with adults, children rarely present with sacroiliitis and spondylitis. Imaging and laboratory tests allow early diagnosis and treatment. Conventional radiographs visualize late inflammatory lesions and post-inflammatory complications. Early diagnosis is possible with the use of ultrasonography and magnetic resonance imaging. The first part of the article presents classifications of juvenile spondyloarthropathies and discusses their radiographic presentation. Typical radiographic features of individual types of juvenile spondyloarthritis are listed (including ankylosing spondylitis, juvenile psoriatic arthritis, reactive arthritis and arthritis in the course of inflammatory bowel diseases. The second part will describe changes visible on ultrasonography and magnetic resonance imaging. In patients with juvenile spondyloarthropathies, these examinations are conducted to diagnose inflammatory lesions in peripheral joints, tendon sheaths, tendons and bursae. Moreover, magnetic resonance imaging also visualizes early inflammatory changes in the axial skeleton and subchondral bone marrow edema, which is considered an early sign of inflammation.

Spatial dynamics of juvenile anchovy in the Bay of Biscay

KAUST Repository

Boyra, Guillermo

2016-07-08

In autumn 2009, the implementation of two successive acoustic surveys targeting juvenile anchovy (Engraulis encrasicolus) in the Bay of Biscay allowed us to monitor the changes in the spatial distribution and aggregation patterns of juveniles of this species during 45 days under fairly stable meteorological conditions. Juvenile anchovy changed its biological condition and behavior in a different manner in two distinct areas. In the Spanish sector, the juveniles migrated 20 nautical miles (n.mi.) towards the coast, but they remained on the shelf and near the surface during the whole surveyed period. As the advance towards the shelf break progressed, their area of distribution decreased, their density increased and the juveniles spread in fewer but heavier shoals. In the French sector, the juveniles also migrated from slope waters towards the coast at a similar velocity, but they crossed the shelf break into the continental shelf, where they increased their mean depth significantly until gradually adopting the typical nyctemeral migrations of adult anchovy. The mean length of the juveniles that adopted the nyctemeral migrations was significantly higher than that of the juveniles remaining at the surface, suggesting that body size is relevant to accomplish this change. Besides, the stronger temperature gradients between the shelf and oceanic waters in the Spanish sector, favored by a narrow shelf, may have acted as a barrier influencing the distinct observed spatial patterns in the two areas. © 2016 John Wiley & Sons Ltd

Spatial dynamics of juvenile anchovy in the Bay of Biscay

KAUST Repository

Boyra, Guillermo; Peñ a, Marian; Cotano, Unai; Irigoien, Xabier; Rubio, Anna; Nogueira, Enrique

2016-01-01

In autumn 2009, the implementation of two successive acoustic surveys targeting juvenile anchovy (Engraulis encrasicolus) in the Bay of Biscay allowed us to monitor the changes in the spatial distribution and aggregation patterns of juveniles of this species during 45 days under fairly stable meteorological conditions. Juvenile anchovy changed its biological condition and behavior in a different manner in two distinct areas. In the Spanish sector, the juveniles migrated 20 nautical miles (n.mi.) towards the coast, but they remained on the shelf and near the surface during the whole surveyed period. As the advance towards the shelf break progressed, their area of distribution decreased, their density increased and the juveniles spread in fewer but heavier shoals. In the French sector, the juveniles also migrated from slope waters towards the coast at a similar velocity, but they crossed the shelf break into the continental shelf, where they increased their mean depth significantly until gradually adopting the typical nyctemeral migrations of adult anchovy. The mean length of the juveniles that adopted the nyctemeral migrations was significantly higher than that of the juveniles remaining at the surface, suggesting that body size is relevant to accomplish this change. Besides, the stronger temperature gradients between the shelf and oceanic waters in the Spanish sector, favored by a narrow shelf, may have acted as a barrier influencing the distinct observed spatial patterns in the two areas. © 2016 John Wiley & Sons Ltd

Using the Juvenile Justice Poster. Teaching Strategy.

Science.gov (United States)

Update on Law-Related Education, 2000

2000-01-01

Presents a lesson that can help students review and summarize what they have learned about the juvenile justice system. Explains that the students discuss how the juvenile justice system can be improved and conduct a survey on how it might be changed in the future. Provides a copy of the survey and directions. (CMK)

Reformations in Zimbabwe's juvenile justice system | Ruparanganda ...

African Journals Online (AJOL)

Children in conflict with the law are often stigmatized and shunned by society as they are perceived as a threat to society. Historically, Zimbabwe's juvenile justice system has been retributive and focused on punishing the juvenile offender. As a result, it has been criticised from a number of viewpoints, including the need to ...

32 CFR 720.23 - Naval prisoners as witnesses or parties in civilian courts.

Science.gov (United States)

2010-07-01

... assume responsibility for the prisoner while he is in its custody; and (3) that the civilian authority... civilian courts. 720.23 Section 720.23 National Defense Department of Defense (Continued) DEPARTMENT OF THE... civilian courts. (a) Criminal actions. When Federal or State authorities desire the attendance of a naval...

83 CHALLENGES AND PROSPECTS OF THE JUVENILE JUSTICE ...

African Journals Online (AJOL)

Fr. Ikenga

Juvenile justice administration in Nigeria is weak and has been given very .... The Nigerian criminal justice system, of which the juvenile justice system is an integral part, ... as instruments of security and justice but as weapons of oppression8.

Bilateral, independent juvenile nasopharyngeal angiofibroma: case report.

Science.gov (United States)

Mørkenborg, M-L; Frendø, M; Stavngaard, T; Von Buchwald, C

2015-10-01

Juvenile nasopharyngeal angiofibroma is a benign, vascular tumour that primarily occurs in adolescent males. Despite its benign nature, aggressive growth patterns can cause potential life-threatening complications. Juvenile nasopharyngeal angiofibroma is normally unilateral, originating from the sphenopalatine artery, but bilateral symptoms can occur if a large tumour extends to the contralateral side of the nasopharynx. This paper presents the first reported case of true bilateral extensive juvenile nasopharyngeal angiofibroma involving clinically challenging pre-surgical planning and surgical strategy. A 21-year-old male presented with increasing bilateral nasal obstruction and discharge. Examination revealed tumours bilaterally and imaging demonstrated non-contiguous tumours. Pre-operative angiography showed strictly ipsilateral vascular supplies requiring bilateral embolisation. Radical removal performed as one-step, computer-assisted functional endoscopic sinus surgery was performed. The follow-up period was uncomplicated. This case illustrates the importance of suspecting bilateral juvenile nasopharyngeal angiofibroma in patients presenting with bilateral symptoms. Our management, including successful pre-operative planning, enabled one-step total removal of both tumours and rapid patient recovery.

Radium rentention and dosimetry in juvenile beagles

International Nuclear Information System (INIS)

Lloyd, R.D.; Jones, C.W.; Bruenger, F.W.; Atherton, D.R.; Mays, C.W.

1983-01-01

Retention of administered 226 Ra was substantially greater in beagles injected as 3-month-old juveniles than as 1.4-year-old adults, but the measured 222 Rn/ 226 Ra ratio in bone was significantly less in juveniles for about the first 600 days after injection. An equation that describes the total-body biological retention R in beagles injected with 226 Ra at 3 months of age at any time t (in days) after injection during the first 6.6 years is R = 0.331e/sup -0.206t/ + 0.245e/sup -0.00374t/ + 0.424e/sup -0.000114t/. The rate constant of the final term in the equation for juveniles is similar to that for young adults, suggesting that this component reflects the net turnover rate in the slowly remodeling component of adult bone. Compared to young adult beagles, animals injected as juveniles had a greater fraction of their retained 226 Ra in parts of the skeleton containing much cortical bone, such as paws, and a smaller fraction in those parts containing much trabecular bone

Level of occupational stress of court probation officers and style of coping with stress

Directory of Open Access Journals (Sweden)

Łukasz Wirkus

2015-08-01

Full Text Available Background The relationship between a court probation officer and their ward is a specific one and is frequently connected with enormous individuals costs. This fact is connected with the character of the job, and with the conditions determining its character. Psychosocial threats may influence both mental and somatic health, directly or indirectly, by means of the influence exerted by stress. Participants and procedure The main study was conducted at the offices of the teams of the Court Probation Service. The teams of the Court Probation Service are part of the structure of the following 9, randomly selected, district courts (DCs: DC Wrocław, DC Bydgoszcz, DC Szczecin, DC Poznań, DC Łódź, DC Lublin, DC Kraków, DC Katowice and DC Białystok. Participation in the research was voluntary and anonymous; the tools were arranged in sets, and the sequence of those sets was random. The sets of research tools were received by 1,000 individuals altogether. Results The conducted research confirmed the need to verify the significance of the feeling of occupational stress of court probation officers at the workplace and the correlations between it and a number of variables. Below, I present statistical analyses concerning various aspects of occupational stress experienced in the studied group, including correlations between the general level of occupational stress and the dimensions of it, and organizational predictors. The objective of the research was to indicate the styles of coping with stress and the correlations of them with the stress felt by court probation officers. Conclusions The research confirms a significant influence exerted by organizational determinants upon the general level of felt occupational stress. Professional court probation officers experience a higher level of felt occupational stress; what is conducive to that is high encumbrance with occupational responsibilities, and also functioning directly in structures of the court of

Race and the fragility of the legal distinction between juveniles and adults.

Directory of Open Access Journals (Sweden)

Aneeta Rattan

Full Text Available Legal precedent establishes juvenile offenders as inherently less culpable than adult offenders and thus protects juveniles from the most severe of punishments. But how fragile might these protections be? In the present study, simply bringing to mind a Black (vs. White juvenile offender led participants to view juveniles in general as significantly more similar to adults in their inherent culpability and to express more support for severe sentencing. Indeed, these differences in participants' perceptions of this foundational legal precedent distinguishing between juveniles and adults accounted for their greater support for severe punishment. These results highlight the fragility of protections for juveniles when race is in play. Furthermore, we suggest that this fragility may have broad implications for how juveniles are seen and treated in the criminal justice system.

Criminal history and future offending of juveniles convicted of the possession of child pornography.

Science.gov (United States)

Aebi, Marcel; Plattner, Belinda; Ernest, Melanie; Kaszynski, Katie; Bessler, Cornelia

2014-08-01

Most child pornography is distributed online. It is estimated that 3% to 15% of child pornography consumers are juveniles. The present study analyzed a consecutive sample of 54 male juveniles convicted of the possession of child pornography. Demographic characteristics, criminal history, and subsequent offending were assessed from criminal files and official reports. Juvenile possessors of child pornography were compared to three different groups of juveniles: Juvenile possessors of other illegal pornography (n = 42), juveniles who committed a sexual contact offense against a child (n = 64), and juveniles who committed a sexual contact offense against a peer or adult (n = 104). Juvenile possessors of child pornography were found to have downloaded the illegal material more frequently and over a longer time period than juvenile possessors of other illegal pornography. Furthermore, juvenile possessors of child pornography differed from juveniles who had committed a sexual contact offense in terms of demographics and showed fewer previous and subsequent offending than juveniles who sexually offended against a peer or adult. We conclude that juvenile possessors of child pornography need a specific target intervention focusing on dysfunctional Internet use and sexually deviant arousal. © The Author(s) 2013.

Sources of International Courts' Legitimacy: A comparative study

DEFF Research Database (Denmark)

Godzimirska, Zuzanna; Creamer, Cosette

Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the reas......Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... the reasons why an IC is considered more or less legitimate in the eyes of a court’s constituents. This paper addresses this scholarly gap by identifying the sources of ICs’ legitimacy within the expressed views of one category of constituents: a court’s member states. Although we emphasize the importance...

Supreme Court Deals Blow to Student Journalists.

Science.gov (United States)

Gynn, Ann

1989-01-01

Covers the U.S. Supreme Court decision in Hazelwood School District v. Kuhlmeier, which gave principals the right to censor school publications. In "One Student's Pursuit of Journalism," Alexandra Salas relates one student journalist's experience, including internships, from high school through the end of college. (LS)

An Experimental Trial of Adaptive Programming in Drug Court: Outcomes at 6, 12 and 18 Months.

Science.gov (United States)

Marlowe, Douglas B; Festinger, David S; Dugosh, Karen L; Benasutti, Kathleen M; Fox, Gloria; Harron, Ashley

2014-06-01

Test whether an adaptive program improves outcomes in drug court by adjusting the schedule of court hearings and clinical case-management sessions pursuant to a priori performance criteria. Consenting participants in a misdemeanor drug court were randomly assigned to the adaptive program (n = 62) or to a baseline-matching condition (n = 63) in which they attended court hearings based on the results of a criminal risk assessment. Outcome measures were re-arrest rates at 18 months post-entry to the drug court and urine drug test results and structured interview results at 6 and 12 months post-entry. Although previously published analyses revealed significantly fewer positive drug tests for participants in the adaptive condition during the first 18 weeks of drug court, current analyses indicate the effects converged during the ensuing year. Between-group differences in new arrest rates, urine drug test results and self-reported psychosocial problems were small and non-statistically significant at 6, 12 and 18 months post-entry. A non-significant trend (p = .10) suggests there may have been a small residual impact (Cramer's ν = .15) on new misdemeanor arrests after 18 months. Adaptive programming shows promise for enhancing short-term outcomes in drug courts; however, additional efforts are needed to extend the effects beyond the first 4 to 6 months of enrollment.

Domestic Violence and Private Family Court Proceedings: Promoting Child Welfare or Promoting Contact?

Science.gov (United States)

Macdonald, Gillian S

2016-06-01

Despite improved understanding regarding domestic violence, child welfare and child contact, and related policy developments, problems persist regarding how the family courts deal with fathers' violence in contested contact/residence cases. In the study reported here, analysis was undertaken of welfare reports prepared for the courts in such cases to investigate how and to what extent issues of domestic violence and children's perspectives on these issues were taken into account when making recommendations to the courts. Analysis found that despite evidence of domestic violence and child welfare concerns, contact with fathers was viewed as desirable and inevitable in the vast majority of cases. © The Author(s) 2015.

Juvenile Justice

OpenAIRE

International Child Development Centre

1998-01-01

The third Innocenti Digest deals with the main issues connected with children and young people coming into conflict with the law and contact with the justice system. It looks at standards and problems from arrest through to the court hearing and sentencing, use of custodial measures and ways of avoiding the child’s unnecessary and counter-productive involvement with the formal justice system. It also covers prevention questions. Like previous publications in the series, it contains practical ...

The curious case of Court Manager in India: From its creation to its desertion

Directory of Open Access Journals (Sweden)

Geeta Oberoi

2017-12-01

Full Text Available The Government of India though made an honest attempt to relieve judges from their administrative and non-judicial works and for the same created the post of court managers for courts, the judiciary in India did not embrace this initiative and with the help of registry staff almost failed this project. In this article, some reasons are explored as to why judiciary gave cold shoulder to this project and what could be way out to reverse the mindset to create acceptance for court managers for performing non-judicial functions.

On the Right for Lawful Court in Investigation and Search Activities

Directory of Open Access Journals (Sweden)

Chechetin A. E.

2012-05-01

Full Text Available On the basis of the existing federal legislation and decisions of the Constitutional Court of the Russian Federation the author reveals and analyzes jurisdiction of the petition of the agency which conducts investigation and search operations, with the help of an example, i.e. conducting investigation and search operations concerning the judge of the Region Court in Rostov-on-Don with the purpose of verification the information about extortion of a bribe by him

Growth of juvenile shrimp Metapenaeus monoceros fed with squid and mussel

Digital Repository Service at National Institute of Oceanography (India)

Achuthankutty, C.T.; Nair, S.R.S.; Krishnakumari, L.

Small juveniles of both sexes and females of large juveniles of Metapenaeus monoceros attained faster growth with squid diet. Males of large juveniles registered better growth with mussel diet. No significant difference was observed in moult weights...

WOMEN, CRIME AND THE SECULAR COURT IN EIGHTEENTH CENTURY CLUJ

Directory of Open Access Journals (Sweden)

Andrea Fehér

2015-12-01

Full Text Available The purpose of this presentation is to address the issue of female criminality in early modern Cluj, and to analyze women’s position before the law. Our investigation is based on the records of the secular Court from the town Cluj, where we have identified more than 250 cases of women accused of fornication, adultery, witchcraft, infanticide, theft and drunkenness, poisoning, swearing and slander. There were a significant number of female convictions during the century, from which most ended with light sentences, such as banishment, corporal punishments, stigmatizations with hot iron, mutilations and only occasionally death. We would like to analyze in detail the types of crime and their punishments presenting the legal background, the jurisdiction and the habitual practices of the Court. We would also like to underline the importance of the narrative strategies used in these inquisitorial trials, since our documents reveal female criminality from a male perspective, as in these times men ran the legal system, consequently the Court records, in our reading contain moral, legal and sexual elements of a male discourse on female crime.

Challenges When Using Jurimetrics in Brazil—A Survey of Courts

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Bruna Armonas Colombo

2017-10-01

Full Text Available Jurimetrics is the application of quantitative methods, usually statistics, to law. An important step to implement a jurimetric analysis is to extract raw data from courts and organize that data in a way that can be processed. Most of the raw data is unstructured and written in natural language, which stands as a challenge to Computer Science experts. As it requires expertise in law, statistics, and computer science, jurimetrics is a multidisciplinary field. When trying to implement a jurimetric system in Brazil, additional challenges were identified due to the heterogeneity of the different court systems, the lack of standards, and how the open data laws in Brazil are interpreted and implemented. In this article, we present a survey of Brazilian courts in terms of readiness to implement a jurimetric system. Analyzing a sample of data, we have found, in light of Brazil’s open data regulation, privacy issues and technical issues. Finally, we propose a roadmap that encompasses both technology and public policy to meet those challenges.

A History of Court and Commoner Clothing in Vietnam

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Liam C. Kelley

2016-09-01

Full Text Available Trần Quang Đức. Ngàn năm áo mũ: Lich sử trang phục Việt Nam giai đoạn 1009–1945 [One thousand years of caps and robes: A history of Vietnamese clothing in the period 1009–1945]. TP Hồ Chí Minh: Nhã Nam, 2013. ISBN: 1467557900. Đức documents in incredible detail the history of the sartorial decisions made at various Vietnamese courts, from Quyền’s time until the end of the Nguyễn dynasty. Based on an extensive examination of Vietnamese, Chinese, European, and even Korean sources—most of which only briefly mention clothing in various periods—Đức has succeeded in producing a comprehensive overview of the clothing of Vietnamese rulers and their officials; when possible, he also comments on the dress of other segments of society, such as the military and commoners. One Thousand Years of Caps and Robes devotes a chapter to each Vietnamese dynasty: the Lý, the Trần, the Lê, the Tây Sơn, and the Nguyễn. Đức begins each chapter with an overview of the history of that dynasty’s styles of court dress and then goes into a detailed description of exactly which types of cap and robe the ruler and his officials wore, and in what ways these caps and robes extended previous practices or were innovations. He follows his examination of court dress with a discussion of military and commoner attire. The chapter introductions provide a concise history of changes in court clothing across time, while the detailed discussions of the caps and robes from each period offer a deeper level of understanding...

Multivariate statistical methods a primer

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Manly, Bryan FJ

2004-01-01

THE MATERIAL OF MULTIVARIATE ANALYSISExamples of Multivariate DataPreview of Multivariate MethodsThe Multivariate Normal DistributionComputer ProgramsGraphical MethodsChapter SummaryReferencesMATRIX ALGEBRAThe Need for Matrix AlgebraMatrices and VectorsOperations on MatricesMatrix InversionQuadratic FormsEigenvalues and EigenvectorsVectors of Means and Covariance MatricesFurther Reading Chapter SummaryReferencesDISPLAYING MULTIVARIATE DATAThe Problem of Displaying Many Variables in Two DimensionsPlotting index VariablesThe Draftsman's PlotThe Representation of Individual Data P:ointsProfiles o

Juvenile technologies in foreign publications

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Shpagina E.M.

2012-09-01

Full Text Available The article provides the review of foreign publications, concerning the juvenile technologies used in France, Canada, Germany and Switzerland. The paper presents legal, social and psychotherapeutic aspects of juvenile judiciary in foreign countries. The authors paid special attention to the complexity of approaches to young children and teenagers who found themselves in complicated life circumstances or got into trouble with the law. The article gives examples of using the following techniques: cognitive-behavioral intervention, mediation, family therapy (including family background and family history, relations theory, narrative practices, utilization of «emotional intelligence» resources.

The New 2001-2002 Term. Supreme Court Roundup.

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Williams, Charles F.

2001-01-01

Discusses the issues addressed during the 2001-2002 term of the U.S. Supreme Court, which convened on October 1, 2001: (1) school vouchers; (2) affirmative action; (3) online pornography; and (4) the death penalty. (CMK)

The Legal Investigation Peculiarities in RF Constitutional Court

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Natal'ya V. Lebedeva

2012-11-01

Full Text Available The article features the legal proceedings between Federal Bodies, Entities of Russian Federation, and supreme bodies of RF entities which are both of theoretical and practical interests to powers of RF Constitutional Court.

Medication use in juvenile uveitis patients enrolled in the Childhood Arthritis and Rheumatology Research Alliance Registry.

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Henderson, Lauren A; Zurakowski, David; Angeles-Han, Sheila T; Lasky, Andrew; Rabinovich, C Egla; Lo, Mindy S

2016-02-16

There is not yet a commonly accepted, standardized approach in the treatment of juvenile idiopathic uveitis when initial steroid therapy is insufficient. We sought to assess current practice patterns within a large cohort of children with juvenile uveitis. This is a cross-sectional cohort study of patients with uveitis enrolled in the Childhood Arthritis and Rheumatology Research Alliance (CARRAnet) registry. Clinical information including, demographic information, presenting features, disease complications, and medications were collected. Chi-square and Fisher's exact tests were used to assess for associations between medications and clinical characteristics. Ninety-two children with idiopathic and 656 with juvenile idiopathic arthritis (JIA)-associated uveitis were identified. Indication (arthritis or uveitis) for medication use was not available for JIA patients; therefore, detailed analysis was limited to children with idiopathic uveitis. In this group, 94 % had received systemic steroids. Methotrexate (MTX) was used in 76 % of patients, with oral and subcutaneous forms given at similar rates. In multivariable analysis, non-Caucasians were more likely to be treated initially with subcutaneous MTX (P = 0.003). Of the 53 % of patients treated with a biologic DMARD, all received a tumor necrosis factor (TNF) inhibitor. TNF inhibitor use was associated with a higher frequency of cataracts (52 % vs 21 %; P = 0.001) and antinuclear antibody positivity (49 % vs 29 %; P = 0.04), although overall complication rates were not higher in these patients. Among idiopathic uveitis patients enrolled in the CARRAnet registry, MTX was the most commonly used DMARD, with subcutaneous and oral forms equally favored. Patients who received a TNF inhibitor were more likely to be ANA positive and have cataracts.

Peer-Driven Justice: Development and Validation of the Teen Court Peer Influence Scale

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Smith, Scott; Chonody, Jill M.

2010-01-01

The authors report a validation study of the Teen Court Peer Influence Scale (TCPIS), a newly developed scale, to examine its factor structure, reliability, and evidence of validity. Methods: The scale was disseminated to 202 participants in six teen courts in the state of Florida, and the authors conducted exploratory factor analyses. Content…

The International Criminal Court as a Component of U.S. National Security Strategy

Science.gov (United States)

2012-04-21

Court The idea of a court for prosecution of individuals traces its roots back to Kantian idealism. Springboarding off the idea of “world...Treaty of Rome and become a full member of the ICC is a policy decision. In deciding good policy, the best policy maximizes the benefit to U.S

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

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Marie B. Hagsgård

2014-12-01

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

Understanding Decision-Making in Specialized Domestic Violence Courts: Can Contemporary Theoretical Frameworks Help Guide These Decisions?

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Pinchevsky, Gillian M

2016-05-22

This study fills a gap in the literature by exploring the utility of contemporary courtroom theoretical frameworks-uncertainty avoidance, causal attribution, and focal concerns-for explaining decision-making in specialized domestic violence courts. Using data from two specialized domestic violence courts, this study explores the predictors of prosecutorial and judicial decision-making and the extent to which these factors are congruent with theoretical frameworks often used in studies of court processing. Findings suggest that these theoretical frameworks only partially help explain decision-making in the courts under study. A discussion of the findings and implications for future research is provided. © The Author(s) 2016.

The challenges faced by the Constitutional Court of Lithuania during the global economic crisis

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Birmontienė Toma

2015-01-01

Full Text Available The Constitutional Court of the Republic of Lithuania is forming a broad and distinctive doctrine on the possibility of limitation of social rights during an economic crisis. This doctrine is inter alia grounded upon the imperatives of a state under the rule of law, equality of rights, justice, proportionality, protection of legitimate expectations, social solidarity, the constitutional concept of the state budget and other constitutional imperatives. The Constitutional Court has also formulated certain general principles which must be followed when in a situation of an economic crisis the legislator may adopt decisions on reduction of social rights guarantees. This doctrine is also influenced by international law, inter alia the law of the European Convention on Human Rights. While considering the cases related to implementation of social rights, the Constitutional Court also takes account of the case-law of the constitutional courts of other states.

COURT REPORTERS’ UNDERSTANDING ON THE CODE OF ETHICS IN NEWS REPORTING

OpenAIRE

Siti Zobidah OMAR; Mageswari MUSALAYAH; Amini Amir ABDULLAH; Ezhar TAMAM

2012-01-01

Journalism, as any professional field, is trusted to be guided by code of ethics (COE). In Malaysia, journalists have their own Canons of Journalism. The aim of this study is to determine the reporters’ understanding on the practice of code of ethics in reporting news. Using a case study approach, the research was conducted at the Kuala Lumpur court complex. Qualitative method was employed to obtain the data. Fifteen court reporters from the English and Malay newspaper’s media organizations w...

Remedies for moral damage before the European Court of Human Rights: Cyprus v. Turkey case

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Đajić Sanja

2014-01-01

Full Text Available This article provides the overview of the Cyprus v. Turkey judgment, a recently decided case before the Grand Chamber of the European Court for Human Rights. This is the first inter-State case which ended with pecuniary judgment for moral damages. The article begins with the overview of factual and legal issues in the Cyprus v. Turkey case which is followed by contextualizing this judgment within the general legal framework regarding moral damages and remedies available. The second part provides the insight into the case law of the International Court of Justice, European Court for Human Rights and international investment arbitration in order to assess the status of moral damages under general international law. While all international courts and tribunals recognize moral damage as a cause of action, they seem to respond differently to the issue of remedies. International Court of Justice seems to favour declaratory over pecuniary judgments; European Court of Human Rights tend to award both non-pecuniary and pecuniary remedies for moral damages; international investment tribunals seem to favour pecuniary remedies for moral damages. A separate issue is whether international law permits or rather proscribes punitive damages. While the ILC finds that general international law does not allow for punitive damages there are different opinions, at least within the ECHR setting, that moral damages are inherently punitive for fault-based conduct of the responsible state.

28 CFR 0.94 - Office of Juvenile Justice and Delinquency Prevention.

Science.gov (United States)

2010-07-01

... Delinquency Prevention. 0.94 Section 0.94 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE... Delinquency Prevention. The Office of Juvenile Justice and Delinquency Prevention is headed by an...., relating to juvenile delinquency, the improvement of juvenile justice systems and missing children. ...

THE RIGHT OF ACCESS TO A COURT AS AN ASPECT OF THE RIGHT TO A FAIR TRIAL

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Dragan Elijaš

2016-01-01

Full Text Available The topic of this paper is the right of access to a court, as an aspect of the right to a fair trial guaranteed by Article 29 of the Constitution and Article 6 of the Convention. The paper highlights the fundamental significance of the protection offered by the Convention, which concerns the drawing up and implementation of standards for the protection of human rights within the territory of Europe, and, through the positions of the European Court of Human Rights, which the Constitutional Court of the Republic of Croatia has accepted and elaborated in its adjudication. The paper also emphasises the importance of the Constitutional Court’s activism concerning the protection of human rights. It stresses the view that the purpose of Article 29 of the Constitution and of Article 6 of the Convention is to secure fair proceedings, and not to examine the correct outcome of proceedings. The authors prove this thesis in this paper. The basic theme of the paper, the right of access to a court, is recognised by the authors as the key aspect of the constitutional right to a fair trial. The first part of the paper deals in general with the right to a fair trial and its various aspects, it provides an overview of the case law of the European Court of Human Rights and of its effect on the case law of the Constitutional Court in its specific aspects, and provides the standpoints of other States. This is followed by a detailed analysis of the positions of the Constitutional Court with regard to the right of access to a court and, in particular, the evolution of these positions over time in this area of protection. The positions of the Constitutional Court are presented both through an abstract and an individual review of constitutionality. The interpretation of constitutional rights, which the Constitutional Court provides through its decisions and rulings, is considered by the authors to be the most significant contribution to the development of

Autism Spectrum Disorder: Forensic Issues and Challenges for Mental Health Professionals and Courts

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Freckelton, Ian

2013-01-01

Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for…

Parental Low Self-Control, Family Environments, and Juvenile Delinquency.