... her discretion, may grant an employee permission to testify or produce official records and information in response to a demand or request. In making this decision, the General Counsel shall consider... proceedings between private litigants: Testimony and production of documents. (a) No employee may produce...
... section does not create any right or benefit, substantive or procedural, enforceable by any person against... District Manager, Customer Services and Sales, for all current employees whose work location is within the... employee whose testimony is requested and the appropriate District Manager, Customer Services and Sales, at...
Full Text Available Judicial judgement-making in legal and forensic settings is characterised by the information loss model. In comparison to formal reasoning styles, in which information is processed in detail, judicial reasoning styles are mainly informal. Moreover, the experimental literature regarding judges and juries has revealed that reliability is the corner stone of legal judgement-making in legal contexts. This study aims to assess the underlying legal criteria assigned to the credibility of testimonies by judges by evaluating the court archives of judicial judgements in which the verdict rested entirely on the credibility of testimonies. Moreover, given the prevalence of informal reasoning in this context, an analysis was undertaken to determine the use of heuristics which are indicative of informal reasoning. In addition, an analysis of the interaction of both variables and their effect on joint decision-making by legal experts and lay people was assessed. Finally, bearing in mind the limitations of this study, the results are discussed in terms of their implications in the evaluation of testimonial credibility in judicial proceedings.
Granhag, Pär Anders; Strömwall, Leif A; Hartwig, Maria
This paper examines beliefs held by Swedish legal professionals about eyewitness testimony. In a survey including questions about 13 key issues of eyewitness testimony, three groups were investigated: police officers (n = 104), prosecutors (n = 158), and judges (n = 251). The response rate was 74%. Examples of findings are that the beliefs were in line with scientific findings concerning the weapon focus effect, but were not in line for simultaneous vs. sequential lineups. Between-group differences were found for seven items. Judges were much more sceptical than police officers about the reliability and completeness of children's testimonies. The groups seldom agreed about one answer alternative, and they reported not being up to date about scientific research on eyewitness testimony. The results suggest that some important research findings have reached those working on the field. However, they hold many wrongful beliefs about eyewitness testimony, beliefs that might compromise the accuracy of legal decisions. Copyright (c) 2005 John Wiley & Sons, Ltd.
... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements OFFICE OF MANAGEMENT AND BUDGET GOVERNMENTWIDE GUIDANCE FOR GRANTS AND AGREEMENTS... § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...
Full Text Available To examine legal professionals' knowledge of a wide range of factors that affect eyewitness accuracy in China.A total of 812 participants, including 210 judges, 244 prosecutors, 202 police officers, and 156 defense attorneys, were asked to respond to 12 statements about eyewitness testimony and 3 basic demographic questions (i.e., gender, age, and prior experience.Although the judges and the defense attorneys had a somewhat higher number of correct responses than the other two groups, all groups showed limited knowledge of eyewitness testimony. In addition, the participants' responses to only four items (i.e., weapon focus, attitude and expectations, child suggestibility, and the impact of stress were roughly unanimous within the four legal professional groups. Legal professionals' gender showed no significant correlations with their knowledge of eyewitness testimony. Prior experiences were significantly and negatively correlated with the item on the knowledge of forgetting curve among judges but positively correlated with two items (i.e., attitudes and exposure time among defense attorneys and with 4 statements (i.e., the knowledge of attitudes and expectations, impact of stress, child witness accuracy, and exposure time among prosecutors.The findings suggest that knowledge of the factors that influence eyewitness accuracy must be more effectively communicated to legal professionals in the future.
Jiang, Lina; Luo, Dahua
To examine legal professionals' knowledge of a wide range of factors that affect eyewitness accuracy in China. A total of 812 participants, including 210 judges, 244 prosecutors, 202 police officers, and 156 defense attorneys, were asked to respond to 12 statements about eyewitness testimony and 3 basic demographic questions (i.e., gender, age, and prior experience). Although the judges and the defense attorneys had a somewhat higher number of correct responses than the other two groups, all groups showed limited knowledge of eyewitness testimony. In addition, the participants' responses to only four items (i.e., weapon focus, attitude and expectations, child suggestibility, and the impact of stress) were roughly unanimous within the four legal professional groups. Legal professionals' gender showed no significant correlations with their knowledge of eyewitness testimony. Prior experiences were significantly and negatively correlated with the item on the knowledge of forgetting curve among judges but positively correlated with two items (i.e., attitudes and exposure time) among defense attorneys and with 4 statements (i.e., the knowledge of attitudes and expectations, impact of stress, child witness accuracy, and exposure time) among prosecutors. The findings suggest that knowledge of the factors that influence eyewitness accuracy must be more effectively communicated to legal professionals in the future.
... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Demand for testimony or... Documents in Legal Proceedings § 104.22 Demand for testimony or production of documents. (a) Whenever a demand for testimony or for the production of documents is made upon an employee, the employee shall...
In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Method of production of material or... AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES Production of Material or Provision of Testimony in Response to Demands in Legal Proceedings Among Private Litigants § 15.205 Method of production...
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Method of production of material or... AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES Production of Material or Provision of Testimony in Response to Demands in Legal Proceedings in Which the United States Is a Party § 15.305 Method...
... sufficient legal training to preside over criminal proceedings; affording the defendant the right to... 45 CFR Part 1614 Restrictions on Legal Assistance With Respect to Criminal Proceedings in Tribal... represent eligible persons in any and all criminal proceedings in tribal courts. Previously, the LSC Act and...
KALLAS FILHO, Elias
Full Text Available Nosocomial infection is notoriously one of the primary problems faced by healthcare insti-tutions and by professionals who work for them. This fact is demonstrated by the growing number of legal actions proposed in the legal system by patients and users of the health care system. Because of this scenario, the phenomenon of civil liability has arisen in cases of noso-comial infection. The legal implications of this phenomenon are varied and involve issues of the institutional environment and of professional conduct. Thus, the current study seeks to analyze the literature on the decisions taken by Brazilian courts regarding civil liability in cases of nosocomial infection. Conceptual aspects that define this healthcare problem are listed, as are the types of civil liability, the legal directives that guide conduct regarding this topic, and the decisions of Brazilian courts that consider civil liability in these cases. It was determined that the courts have been supported by the distinction between objective civil liability and subjective civil liability; additionally, it was determined that these courts are guided by the understanding of the existing service relationship between the institution or health care professional and the patient or user of the health care system.
..., 2013. FOR FURTHER INFORMATION CONTACT: James P. Jordan, Senior Counsel, 202- 649-3075 (not a toll-free...., Washington, DC 20024. The telephone number for the Telecommunications Device for the Hearing Impaired is 800...
... CONTACT: James P. Jordan, Senior Counsel, 202- 649-3075 (not a toll-free number), Federal Housing Finance... number for the Telecommunications Device for the Hearing Impaired is 800-877-8339. SUPPLEMENTARY...
Costa Ramos, Vânia
The following article gives an overview of legal aid for victims in criminal cases in Portugal. It addresses the issues of a victim’s access to a lawyer, when and how the right is granted (right to legal assistance), and under what circumstances the victim has a right to financial legal aid (right to financial legal aid).
Bøndergaard, Johanne Helbo
In the introduction to their book After Testimony (2012) Jakob Lothe, Susan Suleiman and James Phelan ask the question whether the disappearance of the last witness will affect the way the public discourse deals with the Holocaust. This article attempts to address that question and suggests a mode...... of writing that might in fact come “after” testimony. In this paper I attempt to describe a mode of writing in contemporary literature on memory and history, which allows later generations to address historical events to which they did not bear witness, challenging the testimonial mode while bearing its...... strategies and strengths in mind - “after” in both senses of the word. The central argument is that just as the legal concept of testimony was introduced into the cultural sphere to describe a particular genre or mode of writing, the legal concept of forensics will serve as a useful term for describing...
María Jesús Cala
Full Text Available The aim of this study is to shed light on what makes women decide whether or not to continue with legal proceedings for intimate partner violence once they have commenced. Legal professionals, members of the police force, and women in Spain were interviewed to help draft a questionnaire that was applied to a sample of 345 women who had undertaken legal proceedings against their (expartners. Socio-demographic, emotional, and psychological variables were considered as possible predictor variables and included in a logistic regression analysis. Results show that the best equation for predicting disengagement from legal procedures includes the level of support received by the victim, contact with the aggressor, thoughts about going back with the aggressor, and a feeling of guilt. The essential role of the psychological support during the legal process is emphasized in conclusions
... relevant facts and circumstances. The General Counsel, in consultation with the Managing Director, will... testimony to the proceeding (including a proffer concerning the anticipated scope and duration of the... or former Commission personnel, the General Counsel, in consultation with the Managing Director...
Full Text Available Legal assistance to the participants in criminal procedure is represented as a complex phenomenon, including the features of international legal assistance, qualified legal assistance, as well as the activities of public authorities in criminal proceedings and professional lawyers (attorneys, advocates, representatives to assist physical and legal persons to protect, safeguard and realize their rights and interests. Legal assistance in case of threat to life, health, rights of participants in criminal proceedings is considered. The activity of certain subjects of criminal proceedings aimed at explaining the rights of crime victims is analyzed. The grounds for applying security measures are determined. Proposals for improving part 3 of article 11 of the RF Criminal Procedure Code are made: “3. In case there is a threat of causing physical, property, moral damage or other harm prohibited by criminal law to rights and legitimate interests of the victim, witness or other participants in criminal proceedings as well as their close relatives, relatives or close persons, the court (judge, the prosecutor, the head of the investigative agency, the investigator, the preliminary investigation agency take security measures, provided by part 9 of article 166, part 2 of article 186, part 8 of article 193, paragraph 4 of part 2 of article 241 and part 5 of article 278 of this Code as well as other security measures provided by the RF legislation, in respect of those persons within twenty-four hours on the basis of these persons’ written (oral statement or on their own initiative within their competence”.
... (NDAA) for Fiscal Year (FY) 2013 that addresses the allowability of legal costs incurred by a contractor... a finding of contractor liability where the proceeding involves an allegation of fraud or similar... involve an allegation of fraud or similar misconduct; * * * * * BILLING CODE 6820-EP-P ...
... within Indian country. Public Law 113-4, Sec. 904(c), 127 Stat. 122. ``Indian country'' is a term of art... in an Indian tribal court is not a `criminal proceeding.' '' 41 FR 38506, Sept. 10, 1976. Neither the... principal defense asserted involves rights arising from a treaty with Indians. A number of legal services...
Gobrusenko K. I.
Full Text Available the article is about the problem of the participation of professional financial intermediaries in the legalization (laundering of proceeds from crime, and considers legislative measures of regulating the activity of such intermediaries and methods for identifying organizations that laundering money on a professional basis.
... (vi) The disclosure would interfere with ongoing enforcement proceedings, compromise constitutional... behalf of the United States or a party represented by the Department of Justice, without written approval...
Borowska-Solonynko, A; Siwińska-Ziółkowska, A; Piotrkowicz, M; Wysmołek, M; Demkow, M
The aim of the study was to analyze the incidence of acetone and isopropanol in the blood of the deceased, and to assess cases in which the compounds have been detected with a focus on their origin and usefulness for medico-legal testimony. The study material consisted of results of tests detecting ethyl alcohol and reports of autopsies performed at the Department of Forensic Medicine, Medical University of Warsaw, from January 2008 to April 2009 - a total of 2,475 cases. The test group proper (group B) comprised only those cases in which acetone was detected in blood, either with or without isopropanol [n = 202 (8.2%)]. The blood levels of isopropanol varied depending on the cause of death. The need for differentiating the origin of isopropanol in the case of its presence in the blood of the deceased was pointed out. The results of the present study show that the differentiation should be based on the isopropanol and acetone concentration ratio, as isopropanol concentration alone is not sufficient for preparing expert opinions. Even high concentrations of isopropanol, when accompanied by even higher concentrations of acetone, imply that isopropanol could have been formed as a result of acetone transformations. Isopropanol concentrations exceeding acetone levels strongly point to the exogenous origin of isopropanol, particularly when high levels of ethanol are concurrently detected.
Elena V. Selina
Full Text Available In the present article the problem of criminal code provisions on crimes against justice and changes which happened in the procedure of justice for criminal cases implementation since the beginning of judicial reform discrepancy is researched. In spite of the fact that in the considered segment the last changes were made rather recently (Federal Law of December 28, 2013 No. 432-FZ, in general this sphere of regulation is not complete. Due to the corpus delicti "Attraction of the obviously innocent to criminal liability" the concept of criminal prosecution is analyzed. In regard to this author characterize that only court can make a decision that person is guilty for the crime. The concept of legal responsibility as a need to undergo deprivations or at least condemnation for made (if authentically established offense corresponds to it. Author outlines that it is only possible to release one from of responsibility only if one is subject to responsibility. Today it is possible to included cases when consent of the person with the termination of criminal case and prosecution exists. It is proven that in the meaning of the article 299 of the Criminal Code of the Russian Federation criminal prosecution is told as attraction for being accused. But other forms of criminal prosecution are not considered in full. Author analyze contradictions between the title and disposition of the article 307 of the Criminal Code of the Russian Federation concerning punishability for criminal acts: title covers the conclusion and disposition – only indications. Elimination of this contradiction lies in the plane of the criminal procedure form of obtaining conclusion and indications development and gnoseological nature of the new type of proofs study.
... Department of Justice (DOJ) of the demand and coordinate with the DOJ to file any appropriate motions or... proceedings, compromise constitutional rights, reveal the identity of an intelligence source, confidential... Department of Justice, without written approval of agency counsel. (2) Upon a showing by the requestor of...
Mallam, S.P.; Elegba, S.B.; Maiyaki, M.C.
This volume is the proceedings of the National Workshop on Radiation Safety and the Nigeria Legal System held at The Centre for Energy Research and Training, Ahmadu Bello University Zaria from 7 - 9 June, 1995. The Sole aim of the workshop was to encourage the Federal Government of Nigeria to promulgate the Decree on Nuclear Safety and Radiation Protection. The focal point of the workshop was the presentation of the various peaceful applications of nuclear energy in the national economy, albeit without any legal backing. Thus there were presentations from legal practitioners. Particular consideration was given to contribution from the Agency which dealt in great details with both the legal and infra structural requirements for nuclear safety and radiation protection. Presentation by the ministry of Foreign Affairs, Federal Ministry of Health and the Federal Environmental Protection Agency underscored the multi-sectoral and multi-dimensional nature of the concern. This volume contains the full text of 11 technical papers and also speeches by invited dignitaries presented at the workshop. The papers were fully discussed during the workshop. The organizing committee wishes to thank all authors for their presentation and cooperation in submitting manuscript promptly and the participants for there excellent contribution during the workshop
...: August 2, 2013. FOR FURTHER INFORMATION CONTACT: James P. Jordan, Senior Counsel, 202- 649-3075 (not a... Street SW., Washington, DC 20024. The telephone number for the Telecommunications Device for the Hearing...
Elena P. Ermakova
Full Text Available In the present article authors analyze the European commission activity on the unification of the civil procedural law in the European Union; characteristic of the Stockholm program of the EU for the years 2010-2015 is given, regulations of the EU in the field of civil legal proceedings are listed. The Stockholm program is prepared for 5 years (the period from year 2010 until year 2015 and includes the plan of action on the unification in the sphere of civil legal proceedings. Within the Stockholm program from 2010 to 2013 in the European Union 8 regulations were adopted that regulate legal proceedings on civil, trade, family and hereditary cases. Whereas from 2000 to 2009 only 12 regulations in this field were adopted. In recent years it is possible to observe a rapid increase in the civil legal proceedings activity regulations within the EU unification. In total now in the European Union 20 regulations in the field of civil, family and trade disputes resolution were adopted, among which two are invalid. Especially it is necessary to distinguish three regulations from the new regulations adopted by the European commission within the Stockholm program of the year 2010: regulation No. 1215/2012; regulation No. 650/2012 and regulation No. 1024/2012. In the conclusion authors note that European jurists ambiguously estimate unification activity of the European Union commission in the field of civil legal proceedings. So, it is among other things noted that up to present unification activity of the European Union in the field of civil legal proceedings was not fully comprehensive, and rather casual, without an accurate system plan and approach.
Kini, Els Reynaers; Dipankar Bandyopadhyay, I.; Kanwar, Bhanudey
The Nuclear Law Association (NLA) has organised its 3. Annual Meeting with the specific aim to deliberate on public engagement, consultation and acceptance of nuclear energy projects. The meeting further aimed to seek a better understanding of the necessary legal framework for a safe nuclear energy program in India. The themes covered by the conference were: Public engagement, consultation and acceptance; Nuclear energy safety and public discourse; Case studies from India on public engagement; Land acquisition and EIA in India; Safety regulations and its enforcement; Nuclear regulatory institutions; Siting, consent and project execution; Nuclear liability and compensation. The meeting was organised in 3 sessions dealing with: 1 - Public engagement, consultation and acceptance of nuclear projects: - Sociological context of public engagement and consultation, - Current state of affairs and new approaches to public consultation, - Case studies from new green field nuclear project sites, - Public opinion and acceptability for nuclear energy projects, - Role of State, NGOs and Public; 2 - Vales, Attitudes and Acceptability - Lessons from other countries: - Fukushima and nuclear energy choices, - Social dimensions of nuclear power, - Public engagement, acceptance and regulatory process, - Management of HLW. 3 - Legal Framework for a Safe and Secure Nuclear Energy Program: - Safety regulations and its enforcement, - Nuclear regulatory institutions, - Siting, consent and project execution, - Environmental impact assessments and plans, - Nuclear liability and compensation. Several of the papers presented will be published in the Journal of Risk Research in early 2015 as part of the Special Issue on Nuclear Energy and Indian Society: Public Engagement, Risk Assessment and Legal Frameworks. This article is the summary of the proceedings
Vanston, J.H.; Elmer, D.B.; Gustavson, T.C.; Kreitler, C.W.; Letlow, K.; Lopreato, S.C.; Meriwether, M.; Ramsey, P.; Rogers, K.E.; Williamson, J.K.
Three separate abstracts were prepared for Volume V of the Proceedings of the Conference. Sections are entitled: Legal Issues in the Development of Geopressured--Geothermal Resources of Texas and Louisiana Gulf Coast; The Development of Geothermal Energy in the Gulf Coast; Socio-economic, Demographic, and Political Considerations; and Geothermal Resources of the Texas Gulf Coast--Environmental Concerns arising from the Production and Disposal of Geothermal waters. (MCW)
The intersection of law and science, particularly in relation to causality and the legal concept of causation, were of considerable interest to Sir Owen Dixon. In this article, revisiting Dixon's 1933 lecture "Science and Judicial Proceedings", the Chief Justice refers to Dixon's deep interest in science and the issues to which it can give rise in legal proceedings. The 1933 lecture followed shortly after the judgment of the High Court in Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387 which involved consideration of expert testimony and causal connections between product characteristics and personal injury to the consumer.
Vari, Anna; Caddy, Joanne; ); Kotra, Janet P.; Pancher, Bertrand; Tromans, Stephan
As part of its programme of work the OECD/NEA Forum on Stakeholder Confidence continues to investigate the theme of 'Tools and Processes to Help Society in Decision Making'. Following a presentation in June 2007 of environmental law and its implications for stakeholder involvement in decision making, the FSC decided to take a look at a variety of legal and policy issues. In particular, interest was expressed in seeing how law and policy may define which stakeholders must be consulted or engaged, and to consider when and whether that is helpful. A topical session was held on June 5, 2008 during the FSC's ninth regular meeting. Case studies were presented from the US, the UK, and France. An international survey of means for open and inclusive policy making was presented by the OECD Government directorate. The results of a questionnaire filled by FSC members served as the basis of the introductory presentation. Two sub-groups retired to discuss the material and a Rapporteur from each delivered feedback in plenary. These proceedings include a summary of the findings and discussions (Anna Vari), and the slides (some with accompanying text) provided for each case study: 1 - Open and Inclusive Policy Making: Emerging Practice in OECD Countries (Joanne Caddy); 2 - Deciding Whether to Authorized Construction at Yucca Mountain Explaining NRC's Process (Janet P. Kotra); 3 - Rights and Obligations under International Conventions (Stephan Tromans); 4 - Setting Criteria for the Representativeness of NGO/CSOs: Report on Hearings at the Request of France's Prime Minister (Bertrand Pancher)
Rightly or wrongly, law enforcement, public safety, medical, mental health, legal, and emergency services professionals may have to face internal investigation, disciplinary measures, license suspension, criminal prosecution, civil lawsuits, and/or personal life disruption related to actions taken in the course of their work. This article describes the main categories of misconduct--or simply mistakes--that can cause different types of professionals to be investigated, charged, prosecuted, and/or sued. It next discusses the kinds of psychological reactions commonly seen in workers who face these kinds of proceedings. Finally, the article offers a set of practical psychological coping strategies and procedural recommendations for dealing with the stresses of an investigation, administrative action, or litigation, and for mitigating their effects on one's life and career.
The topic of the diploma thesis is testimonial and influencer marketing. The aim of this work is to find out whether influencer increases the likelihood of purchasing a healthy nutritional product for Slovak women aged 20-40 years, and also whether Peter Sagana as a testimonial enhances brand credibility. The theoretical part deals with general communication and presentation of testimonial and marketing influence, their categories and examples. The practical part of the thesis is set into the...
Lang, Gerald J
Many injured patients sustain some type of loss. If someone else is responsible for the injury, the injured patient can pursue compensation for this loss. In the course of treating an injured patient, you may be asked to participate in the legal process to resolve such claims. The basic components of a personal injury claim are reviewed. An overview of the legal process will help clarify your role in the legal process. Enhanced understanding will allow you to provide important medical testimony for your injured patient.
..., means— (1) Acts of fraud or corruption or attempts to defraud the Government or to corrupt its agents; (2) Acts which constitute a cause for debarment or suspension under 9.406-2(a) and 9.407-2(a); and (3... the activities required to deal with the proceeding and the underlying cause of action; (2) The costs...
Full Text Available this article discusses the issues of optimization organization of identification of foreign public officials with the aim of countering legalization (laundering of criminal proceeds as well as the ways to improve identification of foreign public officials on the territory of the Russian Federation taking into account the Russian legislation.
Delivering social work services in collaboration with the legal representation for individual clients: An effective, ethical and economical approach to supporting families in child abuse and neglect legal proceedings.
This article discusses the need to improve the quality of helping relationships between families and social workers in the child protection system and the growing body of evidence that teams of social workers and lawyers are effective at improving outcomes in child protection legal proceedings. The author presents an alternative structure of delivering social work services within the child protection systems once a court gets involved with a family, proposing that social workers should focus on individual clients in collaboration with their legal representation, rather than the traditional model of a governmental agency social worker serving the family as a unit as it also determines placement of the children. Pairing the social worker to an individual client in tandem with their legal representative would help resolve the widely observed relationship problems between service users and governmental agency social workers that include the power imbalance created by the agency's authority to determine placement of children, the conflicts of interest that agency workers face when required to manage differing family members' needs, and the lack of protection of the due process right of confidentiality for parties involved in legal proceedings. This alternative structure also impacts the need to use resources more efficiently and has been demonstrated to result in substantial returns on investment. This article concludes that when a family becomes involved in child abuse and neglect legal proceedings, the child welfare agency should shift the delivery of social work services to the individual parties, away from the governmental agency and in conjunction with their legal representation. Copyright © 2017 Elsevier Ltd. All rights reserved.
In contrast to the approaches taken in other countries, in Germany the licensing regime as well as the political attitude foster a tendency to rather delay decommissioning, which in the end entails unproportionally high costs. This is why the conference focuses on the economic, legal and political aspects of nuclear facility decommissioning and their relevance to the site regions and the near-site environment and population. The conference is intended to provide a forum for learning from the information and experience available at the national, European and international level, in order to identify required policy and action planning leading to improvements in the future. The conference was concluded with a visit of the nuclear facilities at Greifswald. (orig./DG)
Leila Maria Torraca de Brito
consecuencias de elegirse la palabra del niño como la principal prueba acusatoria.This paper seeks to present the testimonies of children and how have being considered in court decisions related to cases involving allegations of sexual abuse against children. To this end, we analyzed court decisions of three Brazilian courts issued in the period between August 2009 and March of 2010. By employing content analysis to evaluate the material obtained, it was observed a wide application and evaluation of the testimony of children, justified by the fact that such occurrences have no other witnesses, nor would give evidences, and the need to combat impunity in those crimes. Other allegations were used: the presumption of correctness given to the child's word, the strength and consistency of reports and the lack of reasons for the child falsely accusing the defendant. We conclude by indicating interdisciplinary studies to assess possible consequences of electing the child's word as a main legal proof.
Penrod, S D; Fulero, S M; Cutler, B L
This article examines the legal and scientific issues inherent in the use of expert psychological testimony on the factors that affect eyewitness reliability. First, the history of the use of such expert testimony is traced. Next, we look at the criteria that state and federal courts have used in determining whether to admit such testimony, as well as the grounds upon which the testimony has been excluded. We then examine the Daubert decision and discuss its implications for the use of expert eyewitness testimony. We conclude by reviewing eyewitness research and research on jury decision-making that is likely to assume new importance in the post-Daubert era.
Sandiswa L. Kobe
Full Text Available This article draws on a well-known narration of the Gugulethu Seven incident from the Truth and Reconciliation Commission (TRC proceedings with specific reference to testimonies of the mothers of the Gugulethu Seven. The article focuses on Mrs Konile’s testimony as a case study: Testimony of a black woman whose son was murdered by the apartheid government’s security forces. During the TRC hearings, Mrs Konile ‘failed’ to effectively narrate her story, which resulted in her testimony being dismissed as being incoherent. This article examines the underlying attributes of Mrs Konile’s testimony and revisits why she was considered ‘incapable’ of articulating her experience in a convincing manner. The analysis aims to acknowledge, identify and give insights about this woman’s testimony from an African women theologian viewpoint (specifically with references to the Isixhosa religious cultural background.
Hansen, Hans Lauge
discourses and media from the feminist movement in the 1980s and until today, through which oral testimony and the losing part of the population’s “forgotten” memories are turned into docu-fiction and fictionalised documentary with the purpose of reading history against the grain and presenting memory...... to the memory of the Civil War and Francoist repression: the detective plot, the divided plotline between present and past, and metafictional reflections. But what role did it actually play in the development of the case of the stolen children? This paper studies the relation between different social discourses...
Sidhu, S.S. (comp.)
With increasingly stringent requirements on the performance of accelerators and storage rings, there is a wide interest in modeling-based control. The organizers recognized the need to have an overview and discussion on the current status of modeling-based accelerator control and how advances in computer technology, software engineering, and expert systems can impact control and diagnosis. As a result, a workshop was organized at the Brookhaven National Laboratory on August 17-18, 1987. It was made possible by the joint support of the AGS, NSLS and Applied Mathematics Departments of BNL. The talks and discussions were divided into three main topics: elements of modeling, knowledge representation, and integration of modeling-based control systems with AI and workstations. This volume is the unedited collection of papers, presented at the Workshop. Separate abstracts were prepared for 10 papers in these proceedings.
These 1974 Proceedings of the European Society of Nuclear Methods in Agriculture contain reports in the form of minutes of the meetings of various working groups of the Society, the programme and official addresses of the fifth annual meeting including annual reports of the chairman and the secretary of the Society, and the reports of each of the eleven working groups as well as the four following surveys entitled: 1) some aspects of research in plant breeding, conservation of genetic resources in connection with irradiation processes (by A. Jacques from FAO), 2) our responsibility for the environment (by D. Zeeuw from ITAL), 3) pilot plant for the irradiation of sewage sludge (by A. Suesz from Bayerische Landesanstalt fuer Bodenkultur und Pflanzenbau, Munich), 4) nuclear agronomy in France (by P. Guerin de Montgareuil from CEN, Cadarache). Summaries and provisional papers on presented topics will be published in ''ESNA Newsletter''
... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...
... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...
Renée S.B. Kool
Full Text Available In order to further crime victims’ compensation, the Dutch legislator relatively recently extended the admissibility criterion. Since 2010, the key lies in the assessment of whether such a claim presents an undue burden for the criminal proceedings (S. 51f DCCP. In order to learn whether this legal change has been effective, an evaluative research was carried out containing both legal theoretical and empirical research (quantitative and qualitative. This called for an accurate research design in which classic legal research methods need to be combined with methods applied in social sciences. To counter this methodological challenge, we opted for a mix of research-design methods, using triangulation as the key to enable us to analyze the ‘law in action’. Our approach turned out to be fruitful, although not without methodological hazards. The paper contains a report on our ‘methodological journey’, providing an account of the difficulties that we encountered during the execution of our mixed research methods. The aim of the paper is only modest: we want to report on ‘the lessons learned’, endorsing the fact that triangulation is an appropriate approach for an interdisciplinary assessment of Dutch legal practice.
Examines recent research on defendent's attractiveness, note-taking, language, and eyewitness testimony and investigates the relationship of these variables to the effectiveness and fairness of traditional courtroom proceedings. (MH)
Akhmetzakirov, Nail R.; Omarov, Yerbol A.; Mussilimov, Arman Y.
The paper deals with the problem of foreigners' rights and freedoms protection during the criminal procedure in The Republic of Kazakhstan. The comparative analysis of national and international legal framework shows that principles of legal defense of foreigners' interests do not have a practical application. Examining the content of requests on…
Kulich, Ronald; Maciewicz, Raymond; Scrivani, Steven J
Medical experts frequently use imaging studies to illustrate points in their court testimony. This article reviews how these studies impact the credibility of expert testimony with judges and juries. The apparent "objective" evidence provided by such imaging studies can lend strong credence to a judge's or jury's appraisal of medical expert's testimony. However, as the court usually has no specialized scientific expertise, the use of complex images as part of courtroom testimony also has the potential to mislead or at least inappropriately bias the weight given to expert evidence. Recent advances in brain imaging may profoundly impact forensic expert testimony. Functional magnetic resonance imaging and other physiologic imaging techniques currently allow visualization of the activation pattern of brain regions associated with a wide variety of cognitive and behavioral tasks, and more recently, pain. While functional imaging technology has a valuable role in brain research and clinical investigation, it is important to emphasize that the use of imaging studies in forensic matters requires a careful scientific foundation and a rigorous legal assessment.
Weiss, Kenneth J
In this clinical paper, the author discusses criminal confessions from the point of view of the expert witness who may be asked to comment on the reliability of the statement and waiver of rights. From the time a suspect is in police custody, constitutional protections against self-incrimination and for due process are in place. The Supreme Court set the standard for these situations in the 1966 Miranda v. Arizona decision. Although it has long been criticized by law enforcement, the decision was upheld in the 2000 decision in Dickerson v. U.S. For a waiver of rights to be valid, it must be a knowing, intelligent, and voluntary decision. Voluntariness is an equation of objective and subjective variables. Treatment by police, physical conditions of interrogation, the suspect's experience and mental state can alter the reliability of a confession. Accordingly, the author has devised a mnemonic for the recognition of conditions that may give rise to expert testimony. The conditions are: Mental illness, Intoxication, Retardation, Acquiescence, Narcotic withdrawal, Deception, and Abuse. These are discussed, supported by examples from the author's practice.
Full Text Available While differences in witness narratives due to different interviewers may have implications for their credibility in court, this study considers how investigative interviews by different parties to the proceedings, as well as the gender and nationality of interviewers, can influence the testimony of witnesses in court who share comparable traumatic experiences. The foundation of the analysis was answers given to judges, prosecutors, civil party lawyers and defence lawyers in the Extraordinary Chambers in the Courts of Cambodia (ECCC located in Phnom Penh. Transcribed testimonies of 24 victim witnesses and civil parties which were translated from Khmer into English were analysed using a computer-based text analysis program, the Linguistic Inquiry and Word Count (LIWC. Results showed that when answering questions by females, witnesses used significantly more cognitive process words. When interviewed by international rather than by Cambodian parties to the proceeding witness accounts were composed of significantly more verbal expressions of affective processes and of perceptual processes. Furthermore, witnesses used most cognitive and affective process words during the interview by civil party lawyers and defence lawyers. These results may be due to a prior supportive relationship between civil parties and their lawyers and due to a more interrogative question style by the defence lawyers, who attempt to undermine the credibility of the interviewed witnesses. Data shows that LIWC analysis is an appropriate method to examine witness accounts and, therefore, contributes to a better understanding of the complex relationship between testimony in events under litigation and credibility.
... such testimony or production of records would be necessary to prevent a miscarriage of justice; (d... proceeding, or compromise constitutional rights; (n) Disclosure would result in NARA appearing to favor one...
Roger W. H. Savage
Full Text Available In this article, I relate the demand that Paul Ricoeur suggests mimesis places on the way we think about truth to the idea that the work of art is a model for thinking about testimony. By attributing a work’s epoché of reality to the work of imagination, I resolve the impasse that arises from attributing music, literature, and art’s distance from the real to their social emancipation. Examining the conjunction, in aesthetic experience, of the communicability and the exemplarity of a work reveals how Ricoeur’s definition of mimesis as refiguration relates to the “rule” that the work summons. This “rule” constitutes the solution to a problem or question for which the work is the answer. In conclusion, as a model for thinking about testimony, the claims that works make have a counterpart in the injunctions that issue from exemplary moral and political acts.
José María Contreras Espuny
Full Text Available By means of the comparative philological and phenomenological studies of the autobiographical testimonies of Paul Claudel, Manuel García Morente and André Frossard, we inquire into aphasia, an incapacity to talk compared with theophany and the difficulty, when the time comes, to communicate this in a testimonial setting. By comparing this to the mystic tradition, we explore the taxonomy of the ineffable fact in the corpus, as well as the linguistic and narrative possibilities. The aim is to analyse the features and implications of the language when it has to communicate the inexpressible, in this case, one-time appearance of the deity, considering the mystic implications involved.
Full Text Available The starting point of the paper is the analysis of amendments introduced with the Public Finance Act of 27 August 2009 which entered into force on 1 January 2010 with regard to the procedure applicable for determining the amounts of subsidies subject to repayment. The author points out a certain paradox noticeable under the new legal regime: on the one hand, the legislator intended to regulate in a systemic way the issues of public finance, including those investigated by the author; on the other hand, however, the legislator provoked certain doubts in the construal of the provisions with regard to the mode of adjudication in matters for subsidy repayment, which doubts were absent when the previous Public Finance Act of 30 June 2005 had been in force. This concerns in particular the absence of delegation of powers to a body of the local government unit to issue an administrative decision in case of failure to repay the subsidy within the statutory time limit. The paper discusses the issues of application of Articles 60-67 of the Public Finance Act in the context of time limits for the subsidy repayment, as well as Article 169(6 of the said Act in conjunction with the substance of Article 252 of the said Act, and points out regulatory deficiencies in the latter case, i.e. with regard to the procedural mode when the subsidy is not repaid within the specified time limit, if the subsidy was granted from the budget of a local government unit. The author presents both the theory and the case law, pointing out discrepant opinions which seem to prefer either the path of the administrative law or the path of the civil law, and all of it despite quite a considerable period that lapsed since the entry into force of the new provisions. In conclusion, the author places herself with the supporters of the administrative law adjudications for the solution of the issues in question, admitting however the necessity for the legislator to adjust the discussed
... party represented by the Department of Justice. (b) Upon a showing by the requestor of exceptional need... testimony. 172.9 Section 172.9 Foreign Relations DEPARTMENT OF STATE ACCESS TO INFORMATION SERVICE OF... CFR 2635.805, in their discretion and with the concurrence of the Office of the Legal Adviser, grant...
Peled, M.; Iarocci, G.; Connolly, D. A.
Background Individuals with intellectual disability (ID) are more vulnerable to abuse compared to individuals without disabilities yet have limited access to the legal system. This study examined perceived credibility of youth with mild intellectual disability (MID) who provide courtroom testimony. Method Participants, 187 undergraduates, were…
Newman, A W; Thompson, J W
Despite the former popularity of hypnosis as a way of "improving" eyewitness memory, many courts almost always regard the use of this testimony to be inadmissible, whereas others allow it only when strict procedural guidelines have been followed. Although the U.S. Supreme Court recognized a defendant's constitutional right to admit his own hypnotically elicited testimony, others have recognized a constitutional basis to exclude hypnotically elicited testimony in most other circumstances.
Meltzer, C C; Sze, G; Rommelfanger, K S; Kinlaw, K; Banja, J D; Wolpe, P R
With rapid advances in neuroimaging technology, there is growing concern over potential misuse of neuroradiologic imaging data in legal matters. On December 7 and 8, 2012, a multidisciplinary consensus conference, Use and Abuse of Neuroimaging in the Courtroom, was held at Emory University in Atlanta, Georgia. Through this interactive forum, a highly select group of experts-including neuroradiologists, neurologists, forensic psychiatrists, neuropsychologists, neuroscientists, legal scholars, imaging statisticians, judges, practicing attorneys, and neuroethicists-discussed the complex issues involved in the use of neuroimaging data entered into legal evidence and for associated expert testimony. The specific contexts of criminal cases, child abuse, and head trauma were especially considered. The purpose of the conference was to inform the development of guidelines on expert testimony for the American Society of Neuroradiology and to provide principles for courts on the ethical use of neuroimaging data as evidence. This report summarizes the conference and resulting recommendations.
well as the television reporting in the 1970s on the Majdanek Trials against male and female SS concentration camp guards. The authors ask how and which gender stereotypes influenced the jurisdiction and media reporting, which functions the hereby formulated images of men and women took on in the context of the formation of both German societies, and how they are to be situated on a cultural-historical level. While research on female perpetrators has already been established, a gender-historical method is now considered in the research on Nazi legal proceedings and their perceptions. This research perspective can be thought-provoking for both women’s and men’s history.
Hagan, Leigh D; Guilmette, Thomas J
The Diagnostic and Statistical Manual of Mental Disorders' (DSM) 60-year evolution has not been particularly linear nor cumulative with respect to the process of its construction, its stated purpose, its framework, and inclusion of specific disorders. We consider DSM-5's stated purpose in light of the manual's explicit cautions and other complications encountered when presenting diagnoses in the course of psychological expert testimony under the applicable rules of evidence. This review considers the extent to which DSM-5 bears up under numerous criticisms when employed for forensic purposes and points out challenges that the expert should anticipate when offering diagnostic opinions underpinned by DSM-5 generally and by neurocognitive disorders in particular. Copyright © 2015 Elsevier Ltd. All rights reserved.
Butts, S J; Mixon, K D; Mulekar, M S; Bringmann, W G
One of the earliest empirical studies of sex differences in eyewitness behavior was that of William Stern (1903-1904). Stern's research furnished evidence in approbation of the long-held opinion that women's eyewitness testimony was less accurate and less resistant to the influence of misleading information than men's; however, Stern's 2 groups were not comparable in age. Other studies by Bringmann and colleagues in 1986 did not replicate Stern's findings using comparable age groups. The present investigation examined eyewitness behavior using two stimulus presentations of dissimilar content and complexity and tests for significance of gender differences. Subjects were 20 male and 20 female college students. No significant gender differences were found between groups on accuracy of recall or resistance to false information on the short-term memory task.
Davies, Graham; Hine, Sarah
The authors explored the relevance of research on change blindness to eyewitness identification and testimony under intentional and incidental memory conditions. Participants (N = 80, 40 men and 40 women) viewed a video enactment of a burglary in which the identity of the burglar changed at the halfway point of the film. Half of participants were briefed to remember the content, and the other half were not. All were tested for the recall of the content, awareness of the change, and ability to identify either or both of the burglars. Some 61% of participants did not notice the identity change. Rates of detection were significantly higher in participants in the intentional condition, who also recalled significantly more detail from the film. Awareness of change was also significantly related to content recall scores and accuracy of identification of both burglars. The results illustrate the interrelation between the eyewitness and change blindness literatures.
Full Text Available Since the adoption of the UN Convention of the Rights of the Child in 1989, the right to participation has been recognised internationally as one of the general principles of children's legal status. It adds a new dimension to the existing and already problematic balance between the protection of the child victim and witness on the one hand and the fairness of the criminal proceedings on the other. In this article, we focus on the position of the child victim and witness in criminal proceedings and the complexity of the different roles he or she plays in this specific legal context, especially in child abuse cases: the child victim and witness that needs to be protected, the child as a vital source of information to the judicial authorities and the child as a person under the age of eighteen who has the right to participate. After having explored the meaning of the right to participate and its consequences for the way criminal proceedings should be conducted, we will address the position of the child witness in Europe and the United States of America. The rules and regulations regarding child witnesses in these two regions are based on different premises as do their assumptions on how to acquire the most reliable testimony. This article aims to clarify these premises in order to define the biggest challenges regarding the implementation of the right to participation of child victims and witnesses in criminal proceedings.
Venter, A; Louw, D A
System variables are integrally part of factors that can be controlled by the legal system to enhance the accuracy of testimony by eyewitnesses. Apart from examining the relationship between questioning as system variable and the accuracy of testimony, the present study furthermore explores the relationship between type of questioning and certain biographical variables (occupation, age, gender and race). To achieve the aim of the study, 412 respondents consisting of 11 to 14-year-olds, university students, the public and Police College students participated and were exposed to open-ended or closed-ended questions. It was found that the participants who responded to the closed-ended questions were significantly more accurate than those who answered the open-ended questions. All the biographical groups, except the public, were more accurate in responding to the closed-ended questions. The scholars obtained the lowest scores (although not always significant) for both the open-ended and closed-ended questions. With respect to age the 18 to 25-year-olds obtained significantly higher scores than the other groups for the closed-ended questions. Whites performed significantly better than blacks in response to the open-ended and closed-ended questions.
Agger, Inger; Raghuvanshi, Lenin; Shabana, Shirin; Polatin, Peter; Laursen, Laila K
"turning point" in the healing process. Seemingly, the ceremonial element represented the social recognition needed and that it re-connected the survivors with their community and ensured that their private truth becomes part of social memory. Although this small pilot study without control groups or prior validation of the questionnaire does not provide high-ranking quantitative evidence or statistically significant results for the effectiveness of our version of the testimonial method, we do find it likely that it helps improve the well being in survivors of torture in this particular context. However, a more extensive study is needed to verify these results, and better measures of ICF activities and participation (A&P) functions should be used. Interviews with human rights activists reveal that it is easier for survivors who have gone through testimonial therapy to give coherent legal testimony.
Gurney, Daniel J; Pine, Karen J; Wiseman, Richard
The susceptibility of eyewitnesses to verbal suggestion has been well documented, although little attention has been paid to the role of nonverbal communication in misinformation. Three experiments are reported; in each, participants watched footage of a crime scene before being questioned about what they had observed. In Experiments 1 and 2, an on-screen interviewer accompanied identically worded questions with gestures that either conveyed accurate information about the scene or conveyed false, misleading information. The misleading gestures significantly influenced recall, and participants' responses were consistent with the gestured information. In Experiment 3, a live interview was conducted, and the gestural misinformation effect was found to be robust; participants were influenced by misleading gestures performed by the interviewer during questioning. These findings provide compelling evidence for the gestural misinformation effect, whereby subtle hand gestures can implant information and distort the testimony of eyewitnesses. The practical and legal implications of these findings are discussed.
... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Transcript of proceedings (Rule 27). 6302.27 Section 6302.27 Federal Acquisition Regulations System DEPARTMENT OF TRANSPORTATION BOARD OF CONTRACT APPEALS RULES OF PROCEDURE 6302.27 Transcript of proceedings (Rule 27). Testimony and...
... 29 Labor 1 2010-07-01 2010-07-01 true Opinion testimony by lay witnesses. 18.701 Section 18.701 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS... Opinion testimony by lay witnesses. If the witness is not testifying as an expert, the witness' testimony...
Roč. 11, 16-17 (1996), s. 189-200 ISSN 0353-5150 Institutional research plan: CEZ:AV0Z9009908 Keywords : epistemology * skepticism, * C.A.J. Coady * David Hume * Donald David son * testimony Subject RIV: AA - Philosophy ; Religion
The Center for Public Policy Priorities (CPPP) provides written testimony on the Senate Higher Education Committee interim charges exploring student financial aid and the issue of student loan debt Texas institutions of higher education. This paper highlights recommendations for strengthening and improving the financial aid system in Texas to…
... OF COMMERCE PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES Contested Cases § 41.157... the scope and nature of the testimony to be elicited. (5) Motion to quash. Objection to a defect in... contested case and must, if not previously served, be served at the deposition. (4) All objections made at...
Watson, Clarence; Weiss, Kenneth J; Pouncey, Claire
The confession of a criminal defendant serves as a prosecutor's most compelling piece of evidence during trial. Courts must preserve a defendant's constitutional right to a fair trial while upholding the judicial interests of presenting competent and reliable evidence to the jury. When a defendant seeks to challenge the validity of that confession through expert testimony, the prosecution often contests the admissibility of the expert's opinion. Depending on the content and methodology of the expert's opinion, testimony addressing the phenomenon of false confessions may or may not be admissible. This article outlines the scientific and epistemological bases of expert testimony on false confession, notes the obstacles facing its admissibility, and provides guidance to the expert in formulating opinions that will reach the judge or jury. We review the 2006 New Jersey Superior Court decision in State of New Jersey v. George King to illustrate what is involved in the admissibility of false-confession testimony and use the case as a starting point in developing a best-practice approach to working in this area.
Mapes, Bruce E.
Intended to help in the forensic investigation of child abuse allegations, this book explores several issues related to children's allegations of sexual abuse and subsequent testimony. Chapter 1 presents an overview of: the informational needs of child welfare agencies and the courts; the scope of the forensic assessment; and the standards and…
Full Text Available Having as background the events associated to the genocide of the Jews in the Second World War, we will try to analyze the possibility conditions of the historical memory in general, and the testimony to events such as the holocaust, in particular. Following the French philosopher Jacques Derrida’s argument line, we will search in Paul Celan’s poetical work, the necessary elements to overcome the hurdles that hinder our understanding of the existence of revolting event
This article examines how survivors of domestic violence and the institutional authorities to whom they turn for assistance represent verbal aggression in direct quotations and indirect reported speech in legal testimony. Using the theoretical framework proposed by Briggs and Bauman (1992), I suggest that direct quotations and reported speech…
Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"
Antonio L. MANZANERO
Full Text Available One of the main obstacles in the way of access to justice for the victims with intellectual disability comes from the stereotypes referred to their ability to produce a statement at police legal procedures, with the consequence that some consider their statements less reliable than the rest of the victims, and others considerate their statements more reliable given their inability to create complex lies. This article reviews three of the most recent studies done by the UCM group of Psychology of Testimony, with the objective of analyzing the role of experience and intuition in the evaluation of credibility in people with intellectual disability (ID, and also it aims to prove whether the credibility analysis procedures such as Reality Monitoring (RM and Statement Validity Assessment (SVA would be valid procedures to discriminate between real and false statements within these collectives. From the results of these studies, it can be deducted that experience may not seem to be enough in order to discriminate between real and simulated victims, but analyzing the characteristics of the statements as the only indicator doesn’t seem to be enough either. As an alternative, the general procedure HELPT is proposed for the evaluation of credibility of people with ID.
Herrmann, Janne Rothmar
The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories in ...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....
Herrmann, Janne Rothmar
The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....
Litwack, Lawrence; and others
Briefly reviews literature and state laws regarding counselor legal status and client confidentiality. Expresses need for professional associations to assume leadership role in push for uniform legislation. (CJ)
Full Text Available Short literary form known as aphorism in the beginning of its development relied on saying. Aphorism concisely expresses general experience, life philosophy, situation and position of a man in this world, socio-political and historical paradoxes etc. Although it is often taken as a criticism of society, it can also be understood as a testimony of time. This paper reveals one aspect of this phenomenon that was neglected by literary theory - aphorism as a form of expressing author’s attitude towards society and its reality.
Loftus, Elizabeth F
It was in 1988 that a Pan Am flight blew up over Lockerbie, Scotland, killing 270 people. A Libyan named Al-Megrahi was convicted of the crime. His conviction was based in large part on the testimony of a single eyewitness, a shopkeeper who identified him as the person who had purchased clothing allegedly packed in the suitcase that contained the explosives that blew up the plane. But careful analysis of the eyewitness evidence leads to suspicions about the accuracy of the evidence. This analysis was presented to the Scottish Criminal Cases Review Commission which concluded that the conviction might have been a miscarriage of justice.
van Hooff, A J
Attitudes toward suicide have not always been the same as they are today, and understanding the ideas of other cultures and times could enable us to reexamine contemporary conceptions of self-killing. Greek and Roman personal testimonies were examined to investigate the thesis that ancients did not see suicide as caused by psychic or emotional forces. Indeed, though the documents of antiquity give us a closer look into personal motives, they demonstrate that even would-be self-killers themselves wished to regard suicide as a rational act of volition.
... arbitral proceedings and proceedings before international tribunals (including the Iran-United States Claims Tribunal in The Hague and the International Court of Justice): (i) To resolve disputes between the... domestic United States legal, arbitration, or administrative proceedings; (3) Initiation and conduct of...
[Opinions on cases referring to: estimation of ability to participate in legal proceedings, estimation of ability to stay in conditions of imprisonment in the material of the Forensic Medicine Department, Silesian School of Medicine in Katowice in the years 1997-2002].
Chowaniec, Czesław; Chowaniec, Małgorzata; Nowak, Agnieszka
The legal and medical opinions referring to conditions of health of the participants of penal procedures: their ability to take part in legal proceedings, their ability to stay in conditions of imprisonment, are more and more common as an advisory practice of the Forensic Medicine Department in Katowice. It concerns the people connected with so called delinquency organized and people involved with economic crime. In the available literature there are no instructions relating to the description of the health state, which would be a contraindication (temporary or permanent) for partaking in legal proceedings or staying in conditions of imprisonment. In practice we observe a full freedom in dispensing of the medical documents and medico-legal opinions. The assumptions dating from 1997-2002, issued by the Department, were analyzed making allowances for age, sex, the kind of somatic diseases and the commissioning organs. Referring to obligatory regulations of the law, the authors introduce advisory principles accepted by the Forensic Medicine Department in Katowice in the above mentioned cases and attempt to estimate the divergence between judicial medicine experts with clinical specialties and forensic medicine experts.
Leonard, Elizabeth L
Neuropsychologists are frequently asked to serve as expert witnesses in an increasing number of legal contexts for civil and criminal proceedings. The skills required to practice forensic neuropsychology expand upon the knowledge, skills, and abilities developed by clinical neuropsychologists. Forensic neuropsychologists acquire expertise in understanding the roles and various functions of the legal system, as well as their role in addressing psycholegal questions to assist fact finders in making legal decisions. The required skills and the unique circumstances for clinical neuropsychologists pursing forensic work are reviewed. Copyright © 2015 Elsevier Ltd. All rights reserved.
I look initially at the trust approach to testimony, which claims affective trust plays an epistemic role in our coming to believe that a speaker is being sincere. My claim is that this view is mistaken, and yet has something important to say in recognising the essential difference between testimony and other forms of evidence.
Discusses the use of testimonials (edited oral narratives collected from people who by their circumstances cannot write about their experiences firsthand) in the English classroom. States that teaching testimonial narratives leads students to ask challenging questions about priorities in literature classes and their everyday experiences. (RS)
Bickford, Donna M.
This article argues that testimonial novels are an important curricular addition in classrooms that take seriously the responsibility to educate students about social justice and civic responsibility in a global context. The addition of testimonial novels to our literature courses lets us internationalize our curriculum by including courses and…
A great deal of philosophical work has explored the complex conceptual intersection between ethics and epistemology in the context of issues of testimony and belief, and much of this work has significant educational implications. In this paper, I discuss a troubling example of a case of testimony that seems to pose a problem for some established…
Hernández, Argenis Monroy
En este artículo se analiza cómo la literatura testimonial venezolana de los años 70 escrita por delincuentes, construye modelos alternativos de ciudadanías que, epistémicamente, rompen con los patrones éticos, antropológicos, pedagógicos y sociológicos heredados de la modernidad. El análisis está centrado en las novelas-testimonios Retén de Catia (1972) de Juan Sebastián Aldana, Soy un delincuente (1974) de Ramón Antonio Brizuela y Cárcel Modelo Máxima Seguridad (1976) de Yon Calletano Franc...
Brkić Snežana S.
Full Text Available In this paper there are firstly some general observations about stress (the concept of stress, stressors, stress responses, consequences of stress. Then, the author examines the effect of stress on giving testimony, that is on two most important psychic functions of the importance for giving testimony: perception and memory. The impact of stress, on perception is discussed in the framework of the importance of affective tone of perception. The lower doses of stress can improve attention and perception, but with intense stress, attention rapidly decreases. Stress often causes erroneous perception of time and other errors in observation and can lead to illusions and hallucinations. The errors in face recognition are also possible in view of 'the phenomenon of focusing attention on weapon '. In relationship with memory, the author firstly gives some general considerations about this function. Then follows brief overview of memory for emotionally colored events. The negative influence of stress on memory is reflected in the possibility of psychogenic amnesia, which are often the escort of psychological trauma. Further, some events will be remembered with a lot of gaps, distortions and overemphasis. The paper points to a number of studies on (inaccuracies and (incomplete memories for traumatic events. Summarizing the main results of these studies it is concluded that memory for traumatic events has similar sharacteristics as memory for normal, nontraumatic events. Memory for traumatic events also follows the same cognitive principles. In that sense, both traumatic and nontraumatic memories can be equally powerful on the one hand, and on the other hand, there may be gaps or errors in memory as well as for the positive and negative life events.
McAuliff, Bradley D; Bornstein, Brian H
This introduction describes what the co-editors believe readers can expect in this Special Issue. After beliefs and expectancies are defined, examples of how these constructs influence human thought, feeling, and behavior in legal settings are considered. Brief synopses are provided for the Special Issue papers on beliefs and expectancies regarding alibis, children's testimony behavior, eyewitness testimony, confessions, sexual assault victims, judges' decisions in child protection cases, and attorneys' beliefs about jurors' perceptions of juvenile offender culpability. Areas for future research are identified, and readers are encouraged to discover new ways that beliefs and expectancies operate in the legal system.
Our criminal law has been developing in the direction of democratization and respect of the minimum legal standards as a condition for an objective assessment of criminal offenses and the protection of human rights and the law does, more or less, like all social phenomena resist the rapid and radical change. The investigation, as part of criminal proceedings is undoubtedly the most important and also the most delicate part of the proceedings. The issue of different organization of the concept...
Wayne, Geoffrey Ferris
To identify patterns in trial testimony that may reflect on the intentions or expectations of tobacco manufacturers with regard to the introduction of potential reduced exposure products (PREPs). Research was conducted using the Deposition and Trial Testimony Archive (DATTA) collection of trial testimony and depositions housed online at Tobacco Documents Online (www.tobaccodocuments.org). Relevant testimony was identified through full-text searches of terms indicating PREPs or harm reduction strategies. The role and function of PREPs in testimony were classified according to common and contrasting themes. These were analysed in the context of broader trial arguments and against changes in time period and the market. Analysis of testimony suggests that the failure of PREPs in the market tempered initial industry enthusiasm and made protection of the conventional cigarette market its major priority. The "breakthrough" character of PREPs has been de-emphasised, with trial arguments instead positioning PREPs as simply another choice for consumers. This framework legitimises the sale of conventional brands, and shifts the responsibility for adoption of safer products from the manufacturer to the consumer. Likewise, testimony has abandoned earlier dramatic health claims made with regard to PREPs, which had undermined industry arguments regarding efforts to reduce harm in conventional products. More recent testimony advocates the broad acceptance of independent guidelines that would validate use of health claims and enable the industry to market PREPs to consumers. Trial testimony reflects the changing role and positioning of PREPs by the tobacco industry. The findings are of particular importance with regard to future evaluation and potential regulation of reduced harm products.
Maeder, Evelyn M; Pica, Emily
The goal of this research was to determine whether the size of the incentive (none, small, medium, or large, in terms of sentence reduction) a jailhouse informant receives for testifying, as well as scientific expert testimony regarding the fundamental attribution error, would influence mock juror decision-making in a criminal trial involving a secondary confession. Participants read a murder trial transcript involving informant testimony in which incentive size and expert testimony were manipulated and then provided verdict judgments, made attributions for the informant's decision to testify, and rated the informant and expert on a number of dimensions. Neither expert testimony nor size of incentive had a direct influence on verdicts. However, contrary to previous research on the influence of incentives on jurors' perceptions of secondary confessions, the presence of an incentive did influence verdict decisions, informant ratings, and attributional responses. Results imply that jury-eligible community members may be becoming aware of the issues with informant testimony as a function of incentive but that they are insensitive to the size of the incentive, and expert testimony may not sensitize them to the limitations of such testimony. PsycINFO Database Record (c) 2014 APA, all rights reserved.
Noh, Jee Young; Elenbaas, Laura Marie; Park, Kyung Ja; Chung, Young Sun; Killen, Melanie
Research Findings: To test children's use of testimony of others, 3-9 years (N = 227) made judgments about a potential peer transgression in which the intentions of the protagonist were ambiguous, after hearing two different forms of testimony. The 2 forms of testimony were (a) opposing "opinion-based" testimony from an adult authority…
The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....
The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...
Full Text Available The present introduction summarises the debate on the epistemological value of testimony, with a special focus on the reductionism vs. antireductionism polemics, and situates Indian philosophers within it. One thus sees that some Indian philosophical schools (especially Vaiśeṣika and Buddhist epistemology attempted to reduce testimony to another, more fundamental, instrument of knowledge, typically to inference, whereas others (especially Mīmāṃṣā and Nyāya emphasised the independent nature of testimony. The study then moves to the problem of the criteria for a reliable speaker and discusses border-line cases, such as that of speaking instruments (computers, clocks and the like. Finally, it looks at some promising and open-ended topics evoked by the Indian-European dialogue on testimony.
This book is based on Pedzisai Maedza's Master's thesis 'Theatre of testimony: An investigation in devising asylum', winner of the African Studies Centre, Leiden's 2014 African Thesis Award. This annual award for Master's students encourages student research and writing on Africa and promotes the study of African cultures and societies. The use of testimonies in performance is enjoying increased artistic and critical popularity and has a long and rich tradition on South African stages. Both i...
Wiltshire, Patricia E J; Hawksworth, David L; Edwards, Kevin J
A rapid method for evaluating suspect testimony is valuable at any stage in an inquiry and can result in a change of direction in an investigation. Rape cases, in particular, can present problems where a defendant renders DNA analysis redundant by claiming that the claimant consented to have sexual relations. Forensic palynology is valuable in confirming or eliminating locations as being crime scenes, thus checking the testimony of both parties. In contrast to some forensic disciplines, forensic palynology can provide critical information without time-consuming full analysis. Two cases are described where the palynological assemblages from comparator samples of pertinent places were compared with those obtained from clothing of claimants and defendants. The results of rapid microscopical scanning of relevant preparations led to early confessions, thus obviating the need for costly analyses and protracted court proceedings. A third case demonstrates the unbiased nature of this technique where a man, although innocent of any offense, lied about having visited the crime scene for fear of prosecution. This highlights the need for sensitive policing in claims of rape. © 2015 American Academy of Forensic Sciences.
Ivan Anatol’yevich Bliznets
Full Text Available The spread of disruptive technology in the digital era is the ruling condition of modern sustainable development. The authors proceed from the fact that legal tools for the creation and use, protection of advanced technologies provide the technology transfer process from the owner to interested parties for further practical, commercial application or further improvement. The article analyzes the legal positions of the concept of technology, legal ways to use modern technologies, stages of their implementation and practical application. In the innovation process legal mechanism in combination with the modern means of innovative development stimulates the creation and transfer of new technologies and at the same time it is a key factor for sustainable development in the context of modern digital technology revolution. In the modern digital revolution, the technology transfer acquires new features and ways for the dissemination of technical innovation, which creates new challenges for legal theory and practice, and legal tools should meet the challenges of the time.
Venter, A; Louw, D A
Very often eyewitnesses are perceived as being accurate due to the confidence in the accuracy of their own testimony. The confidence displayed by an eyewitness may possibly be increased by the method of questioning used by legal professionals and police. The present study examines the confidence-accuracy relationship and the effect the method of questioning (open-ended versus closed-ended questions) may have on the confidence of eyewitnesses. The sample of 412 respondents consisted of scholars (11 to 14-year-olds), university students, the public and Police College students. A significant relationship between memory accuracy and confidence was found for more than 70% of the questions. Closed-ended questions provided a significantly higher rate of accuracy than open-ended questions. A significantly larger proportion of respondents to the closed-ended questions were more confident about their answers than those who responded to the open-ended questions.
This testimonial of a male youth describes the psychosocial factors influencing his sex behavior at age 17. After dropping out of school, he moved to his maternal village where he came under the influence of 4 sexually experienced boys. This peer group would take the boy to places in the evening where drinking and heterosexual promiscuity were encouraged. The boy, who was too shy, was subjected to derision by the group when he did not comply with their wishes. He lost his friends, and his self esteem suffered. In order to regain the friendship of the group, the boy had his first intercourse. This affair was fleeting and was followed by another that lasted 2 months. After returning to his paternal family, the boy began having health problems that were unresponsive to drug treatment. The boy read a copy of the pamphlet "Know the Facts about AIDS" and contacted his former girlfriends. One had died 6 months before. The boy went to a hospital clinic for screening. Pre-test counseling was conducted by TASO. The boy tested positive for human immunodeficiency virus (HIV) and immediately thought his death was imminent. This led to thoughts of suicide and denial. The counselor advised the boy that he could prolong his life more than 7 years by treating infections, eating well, getting enough rest, keeping busy to avoid thinking about approaching death, refraining from alcohol and smoking, and getting regular exercise. TASO and the Post-Test Club provide extensive support to the boy. His feelings have turned from anger and denial to hope and acceptance. He has joined the Philly Lutaaya Initiative, a PWA project which aims to change risk behavior and to destigmatize AIDS.
Stephens, Elizabeth; Suarez, Sarah; Koenig, Melissa
Testimony provides children with a rich source of knowledge about the world and the people in it. However, testimony is not guaranteed to be veridical, and speakers vary greatly in both knowledge and intent. In this chapter, we argue that children encounter two primary types of conflicts when learning from speakers: conflicts of knowledge and conflicts of interest. We review recent research on children's selective trust in testimony and propose two distinct mechanisms supporting early epistemic vigilance in response to the conflicts associated with speakers. The first section of the chapter focuses on the mechanism of coherence checking, which occurs during the process of message comprehension and facilitates children's comparison of information communicated through testimony to their prior knowledge, alerting them to inaccurate, inconsistent, irrational, and implausible messages. The second section focuses on source-monitoring processes. When children lack relevant prior knowledge with which to evaluate testimonial messages, they monitor speakers themselves for evidence of competence and morality, attending to cues such as confidence, consensus, access to information, prosocial and antisocial behavior, and group membership. © 2015 Elsevier Inc. All rights reserved.
for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...
This case note aims to analyse critically the court's judgment in Law Society of the Northern Provinces v Minister of Labour and to consider its implications for dispute resolution in South Africa. It is asserted that although the right to legal representation is not absolute at labour proceedings, in light of the court's decision in ...
Malone, Cora Starker Gorman
AbstractCora Starker Gorman MaloneThe Testimonial World: Affect and Ethics in Latin American Literature and Film (1969-1991)This dissertation explores how theories of affect and ethics inform our understanding of the way testimonial texts communicate with readers. Adopting a broad definition of &ldquothe testimonial world&rdquo to encompass fictional and documentary literature and film, the pages that follow focus on testimonial work in Latin America from 1969&ndash1991. By exploring testimon...
Full Text Available The title of this article is the discourse structure of cases verdict in the district court (a study of legal language. This article discusses several elements that compose verdict in a criminal case, such as heading, the identity of the defendant, the attorney’s indictment, witnesses’ testimony, the testimony of the accused, and the verdict statements. This study employed the qualitative method to find out the scientific facts. This article is aimed at proving that discourse structure can be used as a framework in unraveling a case verdict.
Some lectures in these proceedings examine the theoretical basis for supersymmetry, recent developments in theories with compact dimensions, and experimental searches for supersymmetric signatures. Technologies are explored for obtaining very high energy electron-positron colliding beams. Separate abstracts were prepared for 35 papers in these conference proceedings
Brennan, E.C. (ed.)
Some lectures in these proceedings examine the theoretical basis for supersymmetry, recent developments in theories with compact dimensions, and experimental searches for supersymmetric signatures. Technologies are explored for obtaining very high energy electron-positron colliding beams. Separate abstracts were prepared for 35 papers in these conference proceedings. (LEW)
Index of Reports and Testimony: Fiscal Year 1991 Economic Rural Development: Problems and Progress of Colonia Subdivisions Near Mexico Border Development...House Committee on Govern- ment Operations. GAO/T-RCED-91-78, July 10. Hazardous Materials: Chemical Spill in the Sacramento River, by .John I
anecdotes, exemplums, and recounts. Space does not allow a full discussion of each kind of genre, so only narratives and exemplums will be ..... participant. CDS's mother does not feature in his testimony at all. The police (the security cops, they, the dog unit, named individuals, etc.) – 37 clauses. Material. - 28. Verbal. - 1.
Full Text Available Friction ridge comparison testimony in the United States has long been characterized by speaking in absolutes: fingerprints are unique, the Analysis, Comparison, Evaluation, and Verification methodology has a zero-error rate, and the testimony presented by the expert should be regarded as an incontrovertible fact. Once the National Research Council released their watershed report in 2009, questioning and criticizing these clear overstatements of the strength of the evidence, many commentators and professional organizations recommended that the friction ridge community rethink the way their evidence was presented in reports and in court. Yet, change has been slow to come. While some agencies have begun a shift in the way they present their findings, many others still testify the same way they always have. This paper presents the historical context of where American friction ridge testimony has been, lays out the arguments for why it needs to change, describes some recent efforts to improve, and highlights some likely directions for the future of friction ridge reporting and testimony in the United States.
This book is based on Pedzisai Maedza's Master's thesis 'Theatre of testimony: An investigation in devising asylum', winner of the African Studies Centre, Leiden's 2014 African Thesis Award. This annual award for Master's students encourages student research and writing on Africa and promotes the
Drawing on the proliferation of testimonies which emerged from the Truth Commission, in this text Krog actively contributes to the construction of collective memory. But, as Ernest Renan reminds us, although “the essence of a nation is that all individuals have many things in common” – and shared historical narratives are ...
The use of testimonies in performance is enjoying increased artistic and critical popularity on contemporary world stages and has a long and rich tradition on South African stages. Both internationally and locally, emerging and established playwrights working on migration and refugee issues are
Ho, Adrian; McGrath, Colman; Mattheos, Nikos
This study aims to assess the educational value of YouTube patient testimonial videos in implant dentistry and qualitatively analyse the themes mentioned. Videos were sampled consecutively on YouTube, using the keywords "dental implant patients' testimonials experience," sorted "by relevance." Patient testimonials on dental implant treatment were examined. Inaudible or non-English videos were excluded. Four calibrated investigators scored the videos for educational content, using a matrix derived from the European Association for Osseointegration information booklet, and demographic details were recorded. Data were analysed qualitatively through inductive thematic analysis. A total of 202 videos were analysed (48 exclusions). Inter-examiner reliability was fair to moderate for informative statements and poor to substantial for misleading statements. A mean of 1.8 informative statements were made per video, compared with misleading, 0.5. Many topics were rarely mentioned, with 19/30 themes appearing fewer than 5% of videos. Patients often informed that implants could improve aesthetics and function, but were misleading on aspects of pain control. Some statements may heighten expectations or imply permanency of treatment. Balanced presentation in YouTube testimonials may be limited by bias of clinician-uploaded content. Greater magnitude and breadth of information would improve educational value. Many important parameters of implant therapy were overlooked, whilst information was often potentially misleading. © 2016 John Wiley & Sons A/S. Published by John Wiley & Sons Ltd.
List, Judith A.
Studies the reliability of eyewitness testimony for shoplifting in terms of age, prior knowledge/expectations, and type of memory test. Fifth graders, college students, and older adults participated in two studies. All subjects had expectations concerning common and unusual aspects of shoplifting. Age differences were greatest for recall…
Talwar, Victoria; Crossman, Angela M.
The veracity of child witness testimony is central to the justice system where there are serious consequences for the child, the accused, and society. Thus, it is important to examine how children's lie-telling abilities develop and the factors that can influence their truthfulness. The current review examines children's lie-telling ability in…
Henderson, Kelsey S; Levett, Lora M
Confession evidence can be extremely damaging in the courtroom; jurors are more willing to convict based on the presence of a confession than eyewitness evidence and character testimony (Kassin & Neumann, 1997). To date, no research has examined whether jurors notice variations in confession evidence based on whether the confession is consistent or inconsistent with the crime evidence (a likely low quality confession). In Study 1, mock jurors read a trial summary in which a suspect's confession was consistent or inconsistent with other case facts. Jurors were marginally more likely to convict if the confession and case facts were consistent than if they were not, but did not view the confession differently based on the consistency of the confession and case facts. In Study 2, we varied whether an expert testified about the consistency of the confession and case facts. Jurors who reported for jury duty did not render different trial decisions or view the confession differently based on the consistency of the confession and case facts or the presence of the expert testimony. We expanded the design in Study 3 to vary the content of the confession in addition to the case facts. Jurors used the consistency of the confession and case facts in making decisions, and expert testimony sensitized jurors to variations in the content of confession evidence on the verdict measure. Findings suggest jurors notice variations in confession evidence and expert testimony shows promise for educating jurors about characteristics of confessions. (PsycINFO Database Record (c) 2016 APA, all rights reserved).
Henry, L.; Ridley, A.; Perry, J.; Crane, L.
Background: Although children with intellectual disabilities (ID) often provide accurate witness testimony, jurors tend to perceive their witness statements to be inherently unreliable. Method: The current study explored the free recall transcripts of child witnesses with ID who had watched a video clip, relative to those of typically developing…
Bridgers, Sophie; Buchsbaum, Daphna; Seiver, Elizabeth; Griffiths, Thomas L.; Gopnik, Alison
Preschoolers use both direct observation of statistical data and informant testimony to learn causal relationships. Can children integrate information from these sources, especially when source reliability is uncertain? We investigate how children handle a conflict between what they hear and what they see. In Experiment 1, 4-year-olds were…
Narcis Eduard MITU; Alia Gabriela DUŢĂ
The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.
Full Text Available The order in which evidence is presentedto a criminal court might influence the verdict.This study investigated the serial position effectin a judicial context. 1831 Swiss criminal judgesreceived a filmed mock trial with a specificorder stemming from the combination of 3witnesses: a forensic expert, an eyewitness andan alibi witness. The evidence order wascompletely counterbalanced and each witnessrepresented a different type of testimony chosenin accordance with the legal practice. If judgesrendered their verdict on the basis of the firstwitness, a primacy effect would be observed.Conversely, if the last testimony would bepreponderant, a recency effect would influencetheir judgment. Results showed a recency effectbased on a defence eyewitness whose placementin the last position provoked significantly lesscondemnations. Furthermore, the probativevalue estimated by the judges for each piece of evidence was not associated with its serialimpact. Results are discussed in relation to legaldecision-making and the identification of acentral witness mediating order effects.
Agger, Inger; Igreja, Victor; Kiehle, Rachel; Polatin, Peter
This study explores the therapeutic implications of including culturally adapted spiritual ceremonies in the process of testimonial therapy for torture survivors in India, Sri Lanka, Cambodia, and the Philippines. Data were collected through an action research process with Asian mental health and human rights organizations, during which the testimonial method was reconceptualized and modified to include four sessions. In the first two sessions, community workers assist survivors in the writing of their testimony, which is their narrative about the human rights violations they have suffered. In the third session, survivors participate in an honour ceremony in which they are presented with their testimony documents. In the fourth session, the community workers meet with the survivors for a reevaluation of their well-being. The honour ceremonies developed during the action research process came to employ different kinds of symbolic language at each site: human rights (India), religious/Catholic (Sri Lanka), religious/Buddhist (Cambodia), and religious/Moslem (Philippines). They all used embodied spirituality in various forms, incorporating singing, dancing, and religious purification rituals in a collective gathering. We suggest that these types of ceremonies may facilitate an individual’s capacity to contain and integrate traumatic memories, promote restorative self-awareness, and engage community support. Additional research is needed to determine the method’s applicability in other sociopolitical contexts governed by more Western-oriented medical traditions. PMID:22637721
Agger, Inger; Igreja, Victor; Kiehle, Rachel; Polatin, Peter
This study explores the therapeutic implications of including culturally adapted spiritual ceremonies in the process of testimonial therapy for torture survivors in India, Sri Lanka, Cambodia, and the Philippines. Data were collected through an action research process with Asian mental health and human rights organizations, during which the testimonial method was reconceptualized and modified to include four sessions. In the first two sessions, community workers assist survivors in the writing of their testimony, which is their narrative about the human rights violations they have suffered. In the third session, survivors participate in an honour ceremony in which they are presented with their testimony documents. In the fourth session, the community workers meet with the survivors for a reevaluation of their well-being. The honour ceremonies developed during the action research process came to employ different kinds of symbolic language at each site: human rights (India), religious/Catholic (Sri Lanka), religious/Buddhist (Cambodia), and religious/Moslem (Philippines). They all used embodied spirituality in various forms, incorporating singing, dancing, and religious purification rituals in a collective gathering. We suggest that these types of ceremonies may facilitate an individual's capacity to contain and integrate traumatic memories, promote restorative self-awareness, and engage community support. Additional research is needed to determine the method's applicability in other sociopolitical contexts governed by more Western-oriented medical traditions.
On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...
Testimony is a complex act that contributes significantly to the elaboration of mourning, both individually and on a collective level. This is the central idea that is discussed in the text, using as a basis, the results of research conducted as a pilot intervention in the year 2010 for Visible Victims Foundation, and was then replicated in four other regions. In 1998 the National Liberation Army attacked the pipeline OCENSA causing severe damage to the people of Machuca (Segovia, Antioquia). In 2010 the psychologist Ligia Rascovsky implemented an intervention strategy to support the construction of individual and collective memory among survivors of the attack, who, in addition to serious injuries, suffered physical and psychosocial after effects such as post-traumatic stress disorder (PTSD). The results of this work are used to understand the relevance of the testimony in the psychosocial recovery processes, which is a major challenge for Colombian society today. The type of study was psychosocial intervention in 43 adults of both sexes, Machuca residents who were affected by the bombing, and agreed to voluntarily participate in designed workshops. The workshops followed experiential type techniques (psychodrama, psycho-fantasies, etc.), in which the purpose was to identify the damage by developing testimonial memory of what happened. The workshops express the emotions of grief, recognize the injustice of suffering, fight memory defense that justifies violence and raising awareness of human rights. It also facilitated the process of dignity, empowerment and security in personal and collective reconstruction. In expressing their memoirs thus, they could be free from fear and gain more confidence in themselves as individuals and as a social group, as seen in the formation of individual leadership. These results are the basis of the discussion presented. In this context it has been found that the testimonial narrative is an instrument of personal and social healing
Forensic human identification techniques are successful if they lead to positive personal identification. However, the strongest personal identification is of no use in the prosecution--or vindication--of an accused if the associated evidence and testimony is ruled inadmissible in a court of law. This review examines the U.S. and Canadian legal rulings regarding the admissibility of expert evidence and testimony, and subsequently explores four established methods of human identification (i.e., DNA profiling, forensic anthropology, forensic radiography, forensic odontology) and one complementary technique useful in determining identity, and the legal implications of their application in forensic cases. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.
Dr.Sc. Hamdi Podvorica
are obli-gated by law (article 96 of the Non-contentious Procedure Law, has caused a chaotic state in legal proceeding of hereditary property, because many physical persons have died or have been declared dead, while legal procedures for pro-perty proceeding have not been initiated, or even if they have, cases remain pending for years in courts. To overcome this situation, it is imperative to increase the number of judges in a short period of time.
Epiktetova, L. E.
The Tungusk meteorite trajectory is refined using the testimony of many eyewitnesses who lived on the territory surrounding the area of the Tungusk meteorite explosion and described acoustic phenomena connected with the explosion. It is concluded that the horizontal projection of the Tungusk meteorite trajectory is within the range of the azimuths from the epicenter at 102-103 deg, at a distance of 300-500 km from the epicenter. It was also deduced from the eyewitnesses' testimony that, in the last section of the trajectory, its horizontal projection was shifted to the west and its vertical projection became steeper. As a result, the trajectory of the Tungusk meteorite cannot be described by a single value of the azimuth and a single value of the tilt angle from the epicenter.
This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....
Workplace suicide has become an urgent social concern internationally with rising numbers of employees choosing to kill themselves in the face of extreme pressures at work. Yet, research on this phenomenon is hampered by fragmentary statistical data and the sheer contentiousness of this issue. This paper presents the preliminary findings of a research project on workplace suicides in France, where there has been a 'suicide epidemic' across a wide range of companies. I draw on an analysis of suicide letters linked to 23 suicide cases across three French companies during the period 2005-2015. My methodological approach is informed by the work of suicide sociologist, Jack D Douglas, who emphasised the importance of narrative, testimony and voice to our understanding of the causes of suicide. Douglas argued that an analysis of the 'social meanings' of suicide should start with a consideration of the motivations attributed to self-killing by suicidal individuals themselves and those close to them. Why does work or conditions of work push some individuals to take their own lives? What can the 'suicide voices' articulated in recent testimonies tell us about the causes of workplace suicide? In this paper, I treat suicide letters as a unique mode of testimony that can reveal some of the profound effects of workplace transformations on subjective, intimate and lived experiences of work. By examining French suicide testimonies, my aim is to deepen our understanding of the nature and causes of suicide in today's globalised workplaces. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.
Kelloway, E Kevin; Stinson, Veronica; MacLean, Carla
Accident investigation is frequently cited as the cornerstone of an effective occupational health and safety program. We suggest that the literature on accident investigation is based on a model of witnesses as neutral and accurate recording devices. The literature on eyewitness testimony and criminal investigation offers strikingly different conclusions. We review these findings and point to their implication for research on accident investigation in occupational health and safety contexts.
Full Text Available How can severely traumatized persons re-present the past and its impact on the present if (due to blackout, repression, or dissociation they could not witness what they went through, or can hardly recall it? Drawing on Holocaust testimonies, this article explores the crisis of witnessing constituted by the Shoah and, more generally, problems of integrating and communicating traumatic experiences. Phenomenological, psychological, and ethical perspectives contribute to a systematic investigation of the relation between trauma, memory and testimony. I will argue that preserving personal continuity across the gap between past and present presupposes not only an ‘inner witness’ – which can, according to a long philosophical tradition, be identified with a person’s conscience – but also a social context in which one is addressed and can respond. An attentive listener can bear witness to the witness by accepting the assignation of responsibility implied in testimonial interaction, and thereby support the dialogic restitution of memory and identity.
Thaysen, Jens Damgaard
This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....
The International Unconventional Gas Symposium was held on May 14--20, 1995 in Tuscaloosa, Alabama where 52 reports were presented. These reports are grouped in this proceedings under: geology and resources; mine degasification and safety; international developments; reservoir characterization/coal science; and environmental/legal and regulatory. Each report has been processed separately for inclusion in the Energy Science and Technology Database.
Kloiber, Lydia L
After the death of their four-month-old infant, the parents were charged with injury to a child by starvation. The medical examiner documented blunt force trauma and severe malnutrition at autopsy, but the cause of death was undetermined. The legal team hired a neonatal dietitian who was able to determine that impaired growth only occurred when the infant was in the care of his parents. This information, along with other testimony, established that the lack of nutrition compromised this infant's ability to grow and develop normally, and thus contributed to the infant's death. A jury found the father guilty of injury to a child with intent, and was sentenced to 50 years in prison. The mother agreed to a plea bargain serving 25 years. The purpose of this report is to offer insight, information, and facts from this case for the benefit of others.
The proceedings comprise keynote addresses, biographies, and 22 papers organized under the following headings: international CANDU operations, challenges in the uranium industry, public acceptance - gaining support, strategies for success in the nuclear business, nuclear power and the environment, initiatives in nuclear regulation, other opportunities. Individual papers published which come within the scope of INIS have been abstracted separately
Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...
Amy L Hubbell
In 1997, French-Algerian author Leïla Sebbar published an illustrated children’s book, J’étais enfant en Algérie, juin 1962 (‘I was a child in Algeria, June 1962’) in which she creates the fictional account of a young girl from the interior of Algeria leaving her home during the great exodus of the French just prior to Algerian independence. Using the genre of diary writing, Sebbar’s text reads as testimonial of fleeing their country for a homeland they do not know. Although this text is ...
Lustig, Stuart L; Tennakoon, Lakshika
An estimated 80% of the world's war victims are women and children, a significant proportion of whom suffer from social and psychiatric sequelae of traumatic experiences. Various treatments for psychiatric symptoms related to trauma among refugees have been studied. This article summarizes the literature on therapies involving the creation of stories, such as narrative therapy and testimonial therapies, and other storytelling techniques described on the World Wide Web in the absence of an academic literature. At this point, longer and larger studies of the efficacy of all these approaches are warranted.
In this article, I address reproductive travel to Ghana, based on research conducted in two private fertility clinics. Both clinics attract clients from West African countries as well as Ghanaian people living in the US and Europe. Their motivations to visit these clinics include positive "testimonies" about treatment results, "bioavailability" of matching donor material and surrogates, lower treatment costs and the circumvention of restricting regulations in the country of residence. Communication technologies are central in facilitating reproductive travel. Finally, I argue that the "international choreographies" of reproductive travel are co-shaped by the unique biographies and transnational relationships of the people involved.
A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)
Full Text Available Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc. which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor, not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95% of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.
Antonio L. Manzanero
Full Text Available A proposed protocol for evaluating the statements and identifications made by the potential victims of crimes is presented in this paper. The protocol, called HELPT, is part of a holistic approach to evaluating the testimony that takes into account all of the possible factors of influence: encoding, retention and recovery. Among these factors, the following will be relevant: a the ability of victims to testify, as well as cognitive processes of attention, perception, memory and language; b the specific characteristics of the offence; c the history of the event and its consequences; d other factors that might affect the quality and accuracy of the statements and identifications, such as the number of times the victim had to tell what happened, the methods used to obtain the story and possibilities of suggestion. The method includes specific procedures for exhaustive analysis of the testimonies and for the formulation and testing of hypotheses (Scott & Manzanero, 2015, the evaluation of the competence to testify (Contreras, Silva, & Manzanero, 2015 and the obtaining of statements (González, Muñoz, Sotoca, & Manzanero, 2013.
Van Vooren, Bart
This article provides a legal perspective on the new European External Action Service (EEAS), and positions this new body in the reshuffled institutional balance of EU external relations. Towards that end, the paper examines the EEAS’ legal nature as compared to that of Council, Commission...... the EEAS be drawn into proceedings before the Court of Justice? In answering those questions, this article then examines to which extent the legal-institutional choices on the structure of the EU External Action Service reflects the age-old tension entrenched in EU external relations law: the EU’s nature...
Full Text Available The order in which evidence is presented to a criminal court might influence the verdict. This study investigated the serial position effect in a judicial context. 1831 Swiss criminal judges received a filmed mock trial with a specific order stemming from the combination of 3 witnesses: a forensic expert, an eyewitness and an alibi witness. The evidence order was completely counterbalanced and each witness represented a different type of testimony chosen in accordance with the legal practice. If judges rendered their verdict on the basis of the first witness, a primacy effect would be observed. Conversely, if the last testimony would be preponderant, a recency effect would influence their judgment. Results showed a recency effect based on a defence eyewitness whose placement in the last position provoked significantly less condemnations. Furthermore, the probative value estimated by the judges for each piece of evidence was not associated with its serial impact. Results are discussed in relation to legal decision-making and the identification of a central witness mediating order effects.
Beard, Laura J.
Discusses various definitions of the "testimonial" and characteristics that distinguish it from related literary genres. Examines autobiographical and testimonial literature by Native women of British Columbia, focusing on first-hand accounts of student experiences in Indian residential schools. Contains 29 references. (SV)
Damico, James; Apol, Laura
Literature that vividly and explicitly describes (often in the form of testimonies from one or more characters) traumatic and/or catastrophic events of human history poses particular challenges for readers. This article proposes testimonial response as one approach to responding to these "risky historical texts." By way of introducing "testimonial…
Demarest, Janice Lyski
A sociolinguistic, ethnographic analysis of Christian Science oral testimonies is reported in this study. The study is based on the analysis of transcripts of four testimonial meetings of a branch church, interpreted through knowledge of Christian Science official literature, informal interaction with Christian Scientists, and knowledge of other…
Siegel, David M.
Expert testimony by clinical social workers concerning a criminal defendant's competence to stand trial has increasingly been admitted in certain state courts over the past two decades, yet most state laws still require that court-appointed competence evaluators be psychiatrists or psychologists. Pressure to admit social workers' testimony will…
Adami, Rebecca; Hållander, Marie
In this article, we explore the role of film in educational settings and argue that testimony and narrative are dependent upon each other for developing ethical judgments. We use the film "12 Angry Men" to enhance our thesis that the emotional response that sometimes is intended in using film as testimonies in classrooms requires a…
Bornstein, Lilach Naishtat; Naveh, Eyal
How can we bridge the emotional and cognitive study of Holocaust testimonies in Israel? Can empathy be used as a stepping stone to critical reflection? And how can teachers address the manipulative popular interpretation of these testimonies in Israel, which seemingly place them beyond critical reflection? We examine these questions through an…
... Bases of opinion testimony by experts. The facts or data in the particular case upon which an expert... 29 Labor 1 2010-07-01 2010-07-01 true Bases of opinion testimony by experts. 18.703 Section 18.703 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...
Clauß, D; Richter, C; Klohs, G; Heide, S
Medical child protection includes besides interdisciplinary diagnostics and treatment of physical and psychological symptoms also a discussion that looks at the ensuing legal consequences.This study analyses 21 criminally investigated cases of suspected child abuse from a 2 year study period and compares severity of injury to legal outcome.7 of those 21 criminal proceedings were already dropped by the prosecution and never went to trial. 4 of the 8 cases that led to a trial ended with a conviction. In all of the 4 cases that resulted in an acquittal the judges had been convinced that the child had been abused but found themselves unable to exactly identify the perpetrator. Our study's cases did not show a positive correlation between severity of injury and legal outcome.Diagnosing and treating children and minors within the context of medical child protection should always also include the ques-tion of possible legal consequences. The judicial process in cases of serious child abuse requires high medical expertise. Such expertise particularly includes the ability to determine the time of injury as exactly as possible and to provide precise written documentation of any medical findings. However, our study also shows that medical assessment is only one of many aspects in the legal response to child abuse. © Georg Thieme Verlag KG Stuttgart · New York.
Krauss, Daniel A; Lieberman, Joel D; Olson, Jodi
Past research examining the effects of actuarial and clinical expert testimony on defendants' dangerousness in Texas death penalty sentencing has found that jurors are more influenced by less scientific pure clinical expert testimony and less influenced by more scientific actuarial expert testimony (Krauss & Lee, 2003; Krauss & Sales, 2001). By applying cognitive-experiential self-theory (CEST) to juror decision-making, the present study was undertaken in an attempt to offer a theoretical rationale for these findings. Based on past CEST research, 163 mock jurors were either directed into a rational mode or experiential mode of processing. Consistent with CEST and inconsistent with previous research using the same stimulus materials, results demonstrate that jurors in a rational mode of processing more heavily weighted actuarial expert testimony in their dangerousness assessments, while those jurors in the experiential condition were more influenced by clinical expert testimony. The policy implications of these findings are discussed. Copyright 2004 John Wiley & Sons, Ltd.
Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task
Anderson Reis de Sousa
Full Text Available Abstract This qualitative, descriptive research had the purpose of analyzing the discourse of women and men involved in criminal proceedings on their experience of conjugal violence. Interviews were conducted with men in criminal proceedings for marital violence and the respective testimonies of their companions, contained in case files, were analyzed. Data were organized using the NVIVO® 11 software and the Collective Subject Discourse method. The discourses indicate that the reciprocity of the experience of violence is not recognized by the couple. While the woman sometimes transfers the responsibility of the act to the ingestion of alcohol or to herself, the man minimizes the event and questions the legitimacy of the testimony given by his companion. This points to the importance of the creation of spaces for reeducation in the perspective of gender, which would allow the recognition of the grievance by the couple and favor more respectful and harmonious relationships within the family.
... employees to provide expert or opinion testimony. 404.35 Section 404.35 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Demands for Testimony of Current and Former Ex-Im Bank... Bank documents. Any demand for expert or opinion testimony shall comply with the policies and...
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.
Hui, Cora Y T; Lo, T Wing
Television is a powerful medium through which to convey information and messages to the public. The recent proliferation of forensic science and criminal justice information throughout all forms of media, coupled with raised expectations toward forensic evidence, has led some to suspect that a "CSI effect" ( Crime Scene Investigation effect) is taking place. The present study contributes to the literature addressing the CSI effect in two ways. First, it examines whether the CSI effect exists in the Chinese population of Hong Kong. Second, using a mock-jury paradigm, it empirically examines a more integrative perspective of the CSI effect. It was found that, although the amount of media coverage involving forensic evidence does influence participants' perception of legal evidence to some degree, such a perception does not affect participants' legal decision making. Viewers of forensic dramas were not more likely to convict the defendant when forensic evidence was presented and not less likely to convict when only testimonial evidence was presented. The only significant predictor of the defendant's culpability when scientific evidence was presented was participants' ratings of the reliability of scientific evidence. Results from the present study lend no support to the existence of the CSI effect in Hong Kong.
Otgaar, Henry; Sauerland, Melanie; Petrila, John P
The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.
Blume, Peter Erik
This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...
Erin S Finzer
Full Text Available Beginning with Rubén Darío, Nicaragua has long prided itself in being a country of poets. During the Sandinista Revolution, popular poetry workshops dispatched by Minister of Culture Ernesto Cardenal taught peasants and soldiers to write poetry about everyday life and to use poetry as a way to work through trauma from the civil war. When Hurricane Mitch--one of the first superstorms that heralded climate change--brought extreme flooding to Nicaragua in 1998, poetry again served as a way for victims to process the devastation. Examining testimonial poetry from Hurricane Mitch, this article shows how the mud and despair of this environmental disaster function as palimpsests of conquest and imperial oppression.
The aim of this article is to think of the place of the witness as a third place that the analyst, in the clinical space of trauma, is able to sustain. According to Ferenczi, in traumatic dreams a third is already being summoned. It is not the witness of the realm of law, nor the place of the father or the symbolic law. This is a third space that can be called potential, interstitial space, indeterminate and formless, where something that at first would be incommunicable circulates and gradually takes shape. This space allows and supports the literalness of a testimonial narrative, its hesitations, paradoxes and silences. More than a trauma theory, the notion of a potential space would be the great contribution of psychoanalysis to the treatment of trauma survivors, establishing the difference between the task of a psychoanalyst and the one of a truth commission.
Maras, Katie L; Bowler, Dermot M
Autism spectrum disorder (ASD) is estimated to affect around 1% of the population, and is characterised by impairments in social interaction, communication, and behavioural flexibility. A number of risk factors indicate that individuals with ASD may become victims or witnesses of crimes. In addition to their social and communication deficits, people with ASD also have very specific memory problems, which impacts on their abilities to recall eyewitnessed events. We begin this review with an overview of the memory difficulties that are experienced by individuals with ASD, before discussing the studies that have specifically examined eyewitness testimony in this group and the implications for investigative practice. Finally, we outline related areas that would be particularly fruitful for future research to explore.
Full Text Available Abstract: There exists a constant within the trajectory of Diamela Eltit’s contributions to New Chilean Fiction: the turn to the body’s revelatory capacity as a corporal archive of human existence. Simultaneously exploring and rejecting the confines of the traditional testimonial reliance on language, Eltit moves the reader to a re-consideration of the truth-telling function of the biological materiality of the body, placing imperfect corporalities on display as a means of speaking, even where the voice itself may falter. This essay locates Eltit’s move to the corporal within the trajectory of feminist criticism, the traumatic realities of the Chilean dictatorship and post-dictatorship periods, and the search for the recuperation of those bodily knowledges represented by the disappeared. Next, it turns to Eltit’s Impuesto a la carne as her most recent re-visioning of the importance of corporal textualities, whether or not the subject-matter of the body’s denunciation is connected to the dictatorship. Lastly, this essay reconsiders the rejective power of the traditional archive, analyzing the effect set models have on those who seek to tell their stories outside of the traditional testimonial model. I argue that the case of Diamela Eltit is an example of the way writers and producers of cultural texts which actively inscribe alternative memories of the past are resisting the authoritative power of the archive and subversively inscribing narrative memory onto bodily materialities, re-orienting the view of the corporal from an evidentiary showing to an active process of re-telling the past. Eltit’s novels, inscribed with her corporal textual model, give voice to survivors, articulating an alternate historical model for the archive, embracing the biological and making it speak against the rigid abuses of authoritarianism.
Chambliss, William; Scorza, Thomas
Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…
This volume contains the unedited proceedings of the Second Annual Conference on Managing Electricity Price Volatility. There were a total of eleven papers presented, dealing with a variety of issues affecting price volatility. Subjects treated included: new power generation development in Alberta; an analysis of electricity supply and demand to predict future price volatility; the effect of government intervention in the Alberta electricity market; risk management in volatile energy markets; an analysis of Alberta's capacity to supply its own internal electric power needs; the impact of increased electricity import and export capacity on price fluctuation in Alberta; improving market liquidity in Alberta; using weather derivatives to offset price risk; the impact of natural gas prices on electricity price volatility; capitalizing on advancements in online trading; and strategies for businesses to keep operating through times of price volatility. In most cases only overhead viewgraphs are available
presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...
Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing
.... This testimony describes the results of that work. In performing its analysis, CBO made no assumptions about how long the occupation might last or about the size of the force that might be necessary...
Karen Lorena Romero Leal
Alvaro Uribe, a period in which the farc became the enemy of the nation; therefore, the testimony denouncing their crimes echoed massively in privately owned media and in general in Colombian public opinion.
This article provides an analysis of the intersection between testimonial literature, ecological commentary, and feminist ideology as presented in Gioconda Belli’s 2010 novel El país de las mujeres.
Full Text Available This article provides an analysis of the intersection between testimonial literature, ecological commentary, and feminist ideology as presented in Gioconda Belli’s 2010 novel El país de las mujeres.
Lesciotto, Kate M
Forensic anthropologists anticipated a significant impact from the 1993 Supreme Court Daubert decision, which addressed the standard of admissibility for expert testimony. In response, many forensic articles cited Daubert in the search for objective techniques or a critique of established subjective methods. This study examines challenges to forensic anthropological expert testimony to evaluate whether Daubert has actually affected the admissibility of such testimony. Thirty cases were identified that addressed the admissibility of the testimony, including 14 cases prior to Daubert and 16 after Daubert. Examination of these cases indicates that post-Daubert cases do not result in more exclusions. Yet, this lack of exclusions may instead be viewed as a manifestation of the field's overall surge toward more objective and quantifiable techniques in a self-regulating response to Daubert. © 2015 American Academy of Forensic Sciences.
The House Subcommittee on Postsecondary Education heard testimony about both the positive aspects of intercollegiate sports and overcommercialization and corruption. The information gave legislators little sense of the federal government's role in overseeing college sports. (MSE)
Brewer, Neil; Burke, Anne
This study examined the interaction between testimonial consistency and eyewitness confidence on mock-jurors' judgments of probability that the defendant committed the crime and verdicts. In a 2 (testimonial consistency) x 2 (confidence) between-groups design, 130 mock-jurors listened to an audio-taped trial of a person charged with armed robbery. Manipulations were contained in the prosecution witness's responses to detailed questioning by prosecution and defense attorneys. Although consistency is considered to be a key marker of accuracy, its impact on judgments was weak and nonsignificant. Witness confidence had a strong influence on judgments, whether testimony was consistent or inconsistent. We suggested that witness confidence may be more likely to emerge as a dominant influence on juror judgments when the testimony is wide ranging rather than relatively brief and concerned only with a specific issue (e.g., identification confidence).
Pedersen, Kim Phillips
The main question discussed in current debates about the epistemology of testimony concerns whether the justification of testimonial beliefs is inferential or non-inferential. This thesis offers a novel argument for inferentialism, the former view. It does so through, firstly, assuming a widely shared view about the psychology of comprehension – the inferential model of communication – along with widely shared views about the epistemic basing relation and inferential justification, and then, ...
Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one
Full Text Available False memories are distortions of memory that can impact decisively on the evaluation of a criminal event of interest to the criminal system. Despite the growing interest in the subject, few empirical works have explored the practical consequences of the phenomenon. Along with, the question is if it is possible to measure the repercussion for our criminal proceedings, as well if the theses concerning false memories have been accepted by the Judiciary and in which cases. The present article intends to analyze the repercussion of the phenomenon of false memories, in terms of testimonial evidence, from 437 judgments of the Court of Justice of Rio Grande do Sul. Using the content analysis methodology of Lawrence Bardin, we explored the types of crimes in which the false memories argument has been used, if the hypothesis of this distortion has sensitized the judges, as well as if the analyzes of the judges have been supported in the bibliographical production on the psychology of the testimony. From the numbers raised, it was possible to perceive a considerable increase in the invocation of the argument of the False Memories, but this has not been reversed in the promotion of freedom in the scope of the gaucho penal process.
Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.
Davis, Ronald M; Douglas, Clifford E; Beasley, John K
Research on previously secret tobacco industry documents has grown substantially during the past decade, since these documents first became available as the result of private and governmental litigation and investigations by the US Congress and the US Food and Drug Administration. Complementary research on tobacco litigation testimony is now being conducted through the Tobacco Deposition and Trial Testimony Archive (DATTA) project. We obtained transcripts of depositions and trial testimony, deposition and trial exhibits, expert reports, and other litigation documents from law firms, court reporter firms, individual lawyers and witnesses, tobacco company websites, and other sources. As of 3 March 2006, the publicly available collection of DATTA (http://tobaccodocuments.org/datta) contained 4850 transcripts of depositions and trial testimony, including a total of about 820,000 transcript pages. Transcripts covered testimony from 1957 to 2005 (85% were for testimony from 1990 to 2005) given by more than 1500 witnesses in a total of 232 lawsuits. Twelve research teams were established to study the transcripts, with each team covering a particular topic (for example, the health consequences of tobacco use, addiction and pharmacology, tobacco advertising and promotion, tobacco-product design and manufacture, economic impact of tobacco use, youth initiation of tobacco use, and public understanding of the risks of tobacco use and exposure to second-hand smoke). The teams used qualitative research methods to analyse the documents, and their initial findings are published throughout this journal supplement.
Amy L Hubbell
Full Text Available In 1997, French-Algerian author Leïla Sebbar published an illustrated children’s book, J’étais enfant en Algérie, juin 1962 (‘I was a child in Algeria, June 1962’ in which she creates the fictional account of a young girl from the interior of Algeria leaving her home during the great exodus of the French just prior to Algerian independence. Using the genre of diary writing, Sebbar’s text reads as testimonial of fleeing their country for a homeland they do not know. Although this text is intimate, Sebbar relies on accumulated scraps of collective experience that, when joined to her own, fill in the absence of her homeland. In 2013, French artist Nicole Guiraud published her personal diaries kept before and during her exodus from Algeria from April to July 1962. Her raw representation of traumatic upheaval is couched in a rich paratext including artwork, photographs, and German translations, that simultaneously intensifies her account and distracts the reader from the extreme pain behind her words. In this article I demonstrate how fictional and real accounts published in very different historical contexts convey the exodus experienced by almost one million individuals and how each author deploys a layering technique to simultaneously draw in and distance the reader from extraordinarily painful personal experience.
Full Text Available The following text is from my book Teoria della conoscenza published by Laterza some years ago. I have chosen to offer it here, in memory of my friend and colleague Flavio Baroncelli, for three basic reasons. First of all, more than twenty years ago, Flavio offered to be the supervisor of my graduate thesis on an epistemological theme in modern philosophy. I have not forgotten that possibility and have in recent times come to reflect upon both the type of epistemology and the philosophers that were beloved by Flavio. The text which follows these introductory remarks is a testament to this. Secondly, when he knew that I was interested in the epistemology of testimony, Flavio urged me to go on, because of the importance of that topic not only for general epistemology, but also for many other branches of philosophy. Thirdly, on the occasion of the publication of Teoria della conoscenza, Flavio participated on the round table in which it was presented to the public and had something like this to say: "I read the whole book with the same breath, as it was a detective story". In his memory, I cannot but hope to write other "detective stories".
This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.
Frederick Schauer; Barbara A. Spellman
Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...
Hertel, Thomas Klitgaard
This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....
Hyun Jun Park
Full Text Available Purpose: To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. Materials and Methods: This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee. Results: Of 55 civil lawsuits, men were the main plaintiffs in 31 cases (56.4%. The average period from medical malpractice to malpractice proceeding was 16.5 months (range, 1 month to 6.4 years, and the average period from malpractice proceeding to the disposition of a lawsuit was 21.7 months (range, 1 month to 4 years and 11 months. Conclusions: Hospitals can effectively manage their legal risks by implementing a systematic medical system, eliminating risk factors in administrative service, educating all hospital employees on preventative strategies, and improving customer service. Furthermore, efforts should be made to establish standard coping strategies to manage medical disputes and malpractice lawsuits, operate alternative dispute resolution methods including the Medical Dispute Mediation Committee, create a compliance support center, deploy a specialized workforce including improved legal services for employees, and specialize the management-level tasks of the hospital.
Park, Hyun Jun; Cho, Duk Young; Park, Yong Sug; Kim, Sun Wook; Park, Jae-Hong; Park, Nam Cheol
To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee. Of 55 civil lawsuits, men were the main plaintiffs in 31 cases (56.4%). The average period from medical malpractice to malpractice proceeding was 16.5 months (range, 1 month to 6.4 years), and the average period from malpractice proceeding to the disposition of a lawsuit was 21.7 months (range, 1 month to 4 years and 11 months). Hospitals can effectively manage their legal risks by implementing a systematic medical system, eliminating risk factors in administrative service, educating all hospital employees on preventative strategies, and improving customer service. Furthermore, efforts should be made to establish standard coping strategies to manage medical disputes and malpractice lawsuits, operate alternative dispute resolution methods including the Medical Dispute Mediation Committee, create a compliance support center, deploy a specialized workforce including improved legal services for employees, and specialize the management-level tasks of the hospital.
Johnson, Sally C; Elbogen, Eric B
Personality disorders have a complex relationship with the law that in many ways reflects their complexity within the clinical and research communities. This paper addresses expert testimony about personality disorders, outlines how personality disorders are assessed in forensic cases, and describes how personality disorders are viewed in different legal contexts. Reasons are identified why personality disorders are not generally accepted as significant mental illness within the legal system, including high incidence of personality dysfunction in criminal populations, frequent comorbidity of personality disorders making it difficult to determine direct causation, and difficulty determining where on a continuum personality traits should be defined as illness (or not). In summary, the legal system, to a significant degree, mirrors the clinical conception of personality disorders as not severe mental diseases or defects, not likely to change, and most often, under volitional control.
Özçakar, Nilgün; Yeşiltepe, Gözde; Karaman, Gökçe; Ergönen, Akça Toprak
Many victims of domestic violence do not seek recourse to the needed medical and legal services. The aim of this study was to determine the difficulties faced by and experiences of female survivors of domestic violence during their medical and legal proceedings. We designed our study using a qualitative approach to understand the experiences of survivors during the legal process as well as their feelings and attitudes towards domestic violence through in-depth interviews. The data obtained from the participants were analyzed and synthesized using a thematic analysis procedure. Most of our participants reported different types of domestic violence, citing feelings of fear and loneliness during these experiences. They reported feeling dissatisfied with their complaints being ignored by the police and the perpetrators remaining unpunished. They complained of the complex procedures and negligence of staff in health-care centers such as hospitals, and they reported being shifted to several different places. We believe that an assessment of such female survivors in terms of specific standards set by specialists will help make improvements to the legal process. Education programs should be organized for professionals dealing with survivors of domestic violence. Special health-care services with fast proceedings must be established in health-care centers. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.
The BestPortal is part of an initiative that aims to improve the ability of citizens to determine their legal position. Publishing court proceedings is a natural step to improve access and transparency of the legal system. We discuss the limitations of both such an 'open data' approach, and of more
Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we
Full Text Available Confrontation is a procedural action involving a direct discussion between two persons with an aim to eliminate the differences in their testimonies regarding the facts which are essential for adjudication of the criminal matter. It is an institute of criminal procedure law, which implies the central role of its legal component. However, in addition to the legal aspect, it is indisputable that confrontation contains criminalistic and psychological aspects as well. These three aspects have determined the structure of this paper. In the first part of the paper, the author explores the normative aspects of this procedural action, discusses the conditions under which confrontation may be ordered and elaborates on the application technique. The second part of the paper focuses on the rules in criminalistics related to the implementation of this procedural action, as well as to the psychological bases of confrontation. Further elaboration on the three aforementioned aspects is necessary for a complete understanding of this complex procedural action, which can be a useful method for determining the authenticity of a testimony.
Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril
Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984
Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril
Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.
This article reconsiders the relationship between criminal adjudication and forensic expertise in the light of 'new paradigms' of forensic practice and recent law reform. It briefly summarizes conventional wisdom on the typical shortcomings of forensic science and other expert evidence, as a springboard for a more searching critical diagnosis of longstanding maladies. The fundamentally jurisdictional nature of law is emphasized, and some implications for expert testimony noted. English law's traditionally adversarial model of criminal procedure is then reassessed, taking account of a proper understanding of its normative structure and modern development, and drawing on comparative legal research and theorizing to obtain a more rounded second opinion. In conclusion, some avenues for intelligent prescription are canvassed, highlighting the importance of promoting and facilitating effective communication between experts, lawyers and courts, and prioritizing modest practical remedies over radical surgery. © 2015 The Author(s) Published by the Royal Society. All rights reserved.
Houston, Kate A; Hope, Lorraine; Memon, Amina; Don Read, J
Surveys on knowledge of eyewitness issues typically indicate that legal professionals and jurors alike can be insensitive to factors that are detrimental to eyewitness accuracy. One aim of the current research was to assess the extent to which judges, an under-represented sample in the extant literature, are aware of factors that may undermine the accuracy and reliability of eyewitness evidence (Study 1). We also sought to assess the knowledge of a jury-eligible sample of the general public (drawn from the same population as the judges) and compared responses from a multiple choice survey with a scenario-based, response-generation survey in order to investigate whether questionnaire format alters the accuracy of responses provided (Study 2). Overall, judges demonstrated a reasonable level of knowledge regarding general eyewitness memory issues. Further, the jury-eligible general public respondents completing a multiple choice format survey produced more responses consistent with experts than did participants who were required to generate their own responses. The results are discussed in terms of the future training requirements for legal professionals and the ability of jurors to apply the knowledge they have to the legal context. Copyright © 2013 John Wiley & Sons, Ltd.
Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)
Morten Ebbe Juul Nielsen
Full Text Available Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework.http://dx.doi.org/10.5324/eip.v7i2.1798
Pope, Thaddeus Mason
This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.
Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.
Ng, Lauren C; Ahishakiye, Naphtal; Miller, Donald E; Meyerowitz, Beth E
Cognitive theories of posttraumatic stress disorder (PTSD) suggest that trauma narratives that make greater use of somatosensory, perceptual, and negative emotion words may be indicators of greater risk of PTSD symptoms (Ehlers & Clark, 2000). The purpose of this study was to analyze whether the way that survivors of the 1994 Rwandan Genocide against the Tutsi naturally construct genocide testimonies predicts PTSD symptoms 6 years later. One hundred orphaned heads of household (OHH) who were members of a community association gave testimonies about their genocide experiences in 2002. In 2008, PTSD symptoms of 61 of the original OHH were assessed using a genocide-specific version of the Impact of Events Scale-Revised (Weiss & Marmar, 1997). Experienced genocide events were coded from the genocide testimonies, and the types of words used in the testimonies were analyzed using the Linguistic Inquiry and Word Count program (Pennebaker, Chung, Ireland, Gonzales, & Booth, 2007). Pearson correlations and path analyses assessed the relationships between variables. After accounting for genocide events, touching positively predicted avoidance, and sadness negatively predicted hyperarousal. Sensory descriptions of traumatic experiences in trauma narratives may signify higher risk for mental health problems whereas expressions of sadness may indicate emotional processing and better mental health. Analyzing genocide testimonies may help identify survivors at the highest risk of developing PTSD symptoms, even among a group of survivors who have arguably suffered some of the most severe genocide experiences. (c) 2015 APA, all rights reserved).
Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)
This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy
Taylor, Kelley R.
The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…
This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…
What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...
Guttmacher, Alan F.; And Others
A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…
One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.
Núñez Vaquero, Álvaro
This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...
Rafael Angel Borges-Betancourt
Full Text Available The article is started with a short commentary of the value of the testimony as historical source, and one of the more usual forms of |historiografiar| the insurrectionary process Cuban from the decade of the fifty; for then, make an analysis of the first text of testimonial character on the events of 30th November 1956 published, in the secret first edition of the periodic revolution ( official organ of the revolutionary movement July 26 that saw the light in the fifteenth first of February 1957. It tries to get demonstrate the value of this testimony as source to keep in mind in the study of thoses events. Precisely with this text, there was continuity to the tradition of witnessing at each stage, the political and social struggles of the Cuban people.With which continuity to the tradition to testify in each stage, the political and social fights of the Cuban people.
McKinley E Melton
Full Text Available James Baldwin writes within and against the testimonial tradition emerging from the Black Church, challenging the institution’s refusal to acknowledge the voices and experiences of black queer men. Baldwin’s autobiographical novel, Go Tell It on the Mountain, creates a space for Baldwin’s testimony to be expressed, and also lays the foundation for a tradition of black queer artists to follow. In the contemporary moment, poet Danez Smith inhabits Baldwin’s legacy, offering continuing critiques of the rigidity of conservative Christian ideologies, while publishing and performing poetry that gives voice to their own experiences, and those of the black queer community at large. These testimonies ultimately function as a means of rhetorical resistance, which not only articulates black queer lives and identities, but affirms them.
Gordon, B N; Baker-Ward, L; Ornstein, P A
This review of children's testimony focuses on research related to memory for past experiences. The aspects of the memory system that are involved in testimony are discussed and the development of autobiographical memory is examined. Relevant research findings are summarized in the context of an information-processing model of memory and the implications of this work for clinical practice are outlined. We conclude that (1) under certain conditions, even very young children can remember and report past experiences with some accuracy over very long periods of time; (2) substantial and significant developmental differences have been demonstrated in children's abilities to provide eyewitness testimony; (3) children can be influenced in a variety of ways to provide complete and elaborated reports of events that never occurred; and (4) even experts cannot always tell the difference between true and false reports.
Wakabayashi, Kosuke; Sato, Tatsuya
In Japan, Seiichi Terada (1884-1922) was the first psychologist who applied psychological knowledge to the field of law, working in collaboration with the law professor Eiich Makino (1878-1970). Terada's work was mainly in the tradition of clinical psychology, although in his 1915 paper titled "How useful are testimonies?" he described a set of seven experiments concerned with the empirical relationship between eyewitness testimony and memory. This is probably the first experimental study of law and psychology carried out in Japan. This article introduces Terada's history as a psychologist, and his collaboration with Makino, followed by explanation of their experiments. Finally, we discuss perspectives on testimony research in consideration of Terada's approach.
Felipe Vollbrecht Sperandio
Full Text Available Complex legal relationships may involve a net of companies, linked to each other by several autonomous contracts, performing works and services towards a single project. If disputes arise, resolving each of them independently may result in incompatible decisions, situation which could hinder the project outcome. Therefore, it might be recommended to resolve these disputes into multi-party proceedings or multiple proceedings before the same arbitral tribunal. In order to achieve the purpose, the proper legal instruments shall be identified and, based on these; a contractual framework has to be tailored.
Full Text Available In the common use of the expression, to prove means to test, to check, as a way of demonstrating. These days, the criminal proceedings, in order to achieve the nearest demonstration to the certainty or, in legal language, to the material truth, uses some tools of mathematical field for giving more strength to evidentiary result. In this regard, the probability product of statistics is increasingly occupying a major role. This paper aims to reveal the hazards that involve trusting completely of numerical data in legal assessment, particularly if the parties of the proceedings misinterpret mathematical results, since that could seriously influence on the judicial decision foundation.
Watson, Laurel B; Ancis, Julie R
The purpose of this study was to examine the ways in which abuse that occurred during marriage/relationship continued within divorce and custody-related legal proceedings. Twenty-seven women participated in semistructured interviews. Interviews were analyzed utilizing a grounded theory approach in order to inductively arrive at a theory explaining how abuse dynamics may continue during legal proceedings. Participants identified child support litigation, custody and visitation battles, intimidation/harassment, deliberately prolonging the case, manipulating finances, and distortions of information as methods by which their exes sought to maintain power and control. Counseling implications are described.
Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).
A course syllabus provides a roadmap for pharmacy students to achieve course learning objectives and develop lifelong learning skills. For several decades the literature has referred to syllabi as legal documents and/or contracts between students and professors. A review of the legal precedents reveals that syllabi are not considered contracts because the courts refuse thus far to recognize educational malpractice or breach of contract as a cause of action. Syllabi do, however, represent a triggering agent for instructional dissent and grade appeals, may be binding in student appeal proceedings, and are used in judicial hearings. Pharmacy faculty members should review their syllabi and follow process improvement strategies to construct legally sound syllabi that can both enhance learning and minimize risks of student grievances and appeals. PMID:28179726
Sremac, S.; Ganzevoort, R.R.
The article examines how recovering drug addicts employ testimonies of conversion and addiction to develop and sustain personal identity and create meaning from varied experiences in life. Drawing on 31 autobiographies of recovering drug addicts we analyze conversion and addiction testimonies in two
Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first
Badke, Lara K.
A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.
This essay examines the medical and legal construction of predatory masculinity in New Spain by contrasting criminal cases of rape [estupro] with those of violent or coercive sodomy [sodomía]. In the context of male-female rape, the rulings of most criminal and ecclesiastical courts imply that predatory masculinity was a "natural" manifestation of male sexual desire, whereas in cases of sodomy and nonconsensual sexual acts between men, courts viewed such desire as "against nature." The processes by which the colonial state prosecuted certain sexual crimes simultaneously criminalized and validated predatory masculinity. By analyzing the roles of the medics, surgeons, and midwives who examined the bodies of the male and female victims in these cases, this essay argues for a commonality in the authoritative judgments based on medical evidence, whether conclusive or inconclusive.
Tricia Olea Santos
Full Text Available This study is a continuation of investigations of personal narratives of healthy older adults and those with aphasia. It focuses on autobiographical memories in testimonies of elderly WWII veterans with dementia, with particular emphasis on emotional events that occurred at the time of their memory peak. This study describes how declines in memory affect changes in language in narratives of memorable experiences at the time in old age when life review is typically experienced. Ten WWII veterans with dementia were selected from a larger study of healthy elderly veterans. Participants were between the ages of 86-91 years old, with the majority obtaining higher education. Based on the Arizona Battery for Communication Disorders of Dementia, participants demonstrated dementia of mild-to-moderate severity. Semi-structured interviews were conducted to elicit memorable war experiences. Modifications to the interview were made, such as the use of photos to set the topic and occasional closed-ended questions to facilitate responses. Information was recorded and analyzed in terms of the amount and specificity of linguistic information, overall coherence of narratives, and the evaluations of memorable war experiences. The participants were not able to produce complete narratives; they instead relayed short episodes of their war experiences. Difficulties with semantic and episodic memory were reflected in the reduced length of their stories. Anomia was inherent in these episodes, as evidenced by the absence of specific names, dates and places. Lack of specificity was exhibited in reduced details and the use of nonspecific referents, such as “thing,” “stuff,” “there.” Participants produced coherent short story episodes. Coherence in episodic structure was maintained by the ability to relate events in a temporal sequence. Repetition was a strategy that served essential functions of emphasizing a point and/or clarifying breakdowns in communication
Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.
Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.
Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.
In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks...
Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won
Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.
Full Text Available The fight against modern forms of crime such as organized crime, terrorism and other very serious crimes caused not only modification of procedural principles and procedural rules, but also the necessity of re-examination of evidence in terms of introducing new evidence in criminal proceedings. Given that the prevention, detection and proving in cases of mentioned offenses represent the systemic issue and that the efficiency is caused by cohesion of preventive and repressive mechanisms in each strategy of preventing and combating serious crimes, the more often raised question, aroused from the practice, is the issue of the use of information gathered by the police or security services as evidence in criminal proceedings. In addition, there is the issue of use of illegal evidence, the ways in which these evidence are defined in some jurisdictions and which are the legal consequences of their use in judicial decision, whether it is based only on them, or on some other evidence beside them. The author addresses the issues of necessity and justification for use of information of security services as evidence in criminal proceedings, their definition and difference with respect to data, experiences and practices in other countries and of course their use as evidence in criminal proceedings of Serbia. Also, the paper addresses the Criminal Intelligence Analytics, exchange of information between the competent authorities at national and international level.
... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...
Full Text Available This paper will consider theoretical and practical issues which arise in trial proceedings, throughout the virtual presence of persons involved. The EU Convention of 2000 provide the legal base for the use of video conference. In most jurisdictions, all forms of evidence is admissible, subject to rules relating to the exclusion of evidence because of improper actions or because the inclusion of the evidence would be unfair to the defendant. There is a difference between the admissibility of the evidence and laying the correct foundations before the evidence can be admitted.
... hearing is the fair determination of relevant facts consistent with the right of all interested persons to... testimony is insufficient for a full and true disclosure of relevant facts and that the participant will be... means of developing the evidence are insufficient for a full and true disclosure of the facts and that...
Terrance, Cheryl; Matheson, Kimberly
Student participants (N = 316) viewed a videotaped simulated case involving a woman who had entered a self-defense plea in the shooting death of her abusive husband. As successful claims of self-defense rest on the portrayal of a defendant who has responded reasonably to his/her situation, the implications of various forms of expert testimony in…
de La Ferrière, Alexis Artaud
Childhood testimonies have become a familiar component of war reporting and peace advocacy through the publication of children's drawings, oral descriptions of wartime trauma and wartime writing. While such practices have the merit of publicising children's experiences, it is also the case that the selection and distribution of these materials is…
Alfons Olivares Niqui
Full Text Available Le verbe bulgare presente des characteristiques différentes des autres langues indoeuropéennes. L’apparition des formes de la narration indirecte, la série des parafaits secondaires et d’autres sont des innovations concernant la valeur particulière du facteur testimonial dans la langue moderne.
... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Testimony and submission of written briefs. 2003.2 Section 2003.2 Commerce and Foreign Trade Regulations Relating to Foreign Trade Agreements OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE REGULATIONS OF TRADE POLICY STAFF COMMITTEE § 2003.2...
... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Presentation of oral testimony at public hearings. 2003.4 Section 2003.4 Commerce and Foreign Trade Regulations Relating to Foreign Trade Agreements OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE REGULATIONS OF TRADE POLICY STAFF COMMITTEE...
Allison, Meredith; Brimacombe, C. A. Elizabeth; Hunter, Michael A.; Kadlec, Helena
This study examined the relationship between witness age, narrative features in testimony, and the perceived credibility of witnesses. Ninety older and young adult witnesses to a staged theft were videotaped as they freely recalled crime events. Later, participant-jurors viewed the videos and assessed the witnesses' credibility. Operational…
Gonzalez, Gabriella C.; Miller, Laura L.; Buryk, Peter; Wenger, Jennie W.
This testimony was presented before the House Veterans' Affairs Committee, Subcommittee on Economic Opportunity on March 17, 2015. To inform the Subcommittee hearing on the Department of Veterans Affairs' administration of its education programs, and the educational and training needs of post-9/11 veterans, the presenters offered the statement in…
Bergstrom, Brian; Moehlmann, Bianca; Boyer, Pascal
Children's learning--in the domains of science and religion specifically, but in many other cultural domains as well--relies extensively on testimony and other forms of culturally transmitted information. The cognitive processes that enable such learning must also administrate the evaluation, qualification, and storage of that information, while…
Ben J. de Klerk
Full Text Available It is suggested that a clear prophetic voice of the congregational gathering could change the society to which the congregants belong. The problem is that this prophetic voice seems to have disappeared in many cases. A solution might be found if the point of view is taken that the prophetic voice in the congregational gathering is heard in the liturgical acts or rites. In the science of Liturgy attention must be given to the revitalisation of the gift of prophesy. In this article the prophetic testimony of the Old Testament prophets and of the Prophet, Jesus Christ, were used as sources. Following in the footsteps of Brueggemann, an effort will be made to establish in relevant scripture passages what the attitude and practise of prophetic testimony should be. The possibility of rendering service through prophetic testimony as a liturgical act in the South African society is wide open. Prophetic testimony serves to criticise the dominant perception in order to dismantle it, but is also serves to energise persons and communities by its promise of another time and situation towards which the community of faith could move.
Hale, Robert F
.... This testimony, by Robert F. Hale, Congressional Budget Office, covers the following topics: Socioeconomic Backgrounds of Enlisted Recruits, Racial Mix of Enlisted Recruits, Shifts in Recruiting during the 1980s, Altering the Composition of the Military: Reserve Mobilization and Conscription, and Should the Social Composition of the Military be a Concern?
Brainerd, C. J.; Reyna, V. F.
A hoary assumption of the law is that children are more prone to false-memory reports than adults, and hence, their testimony is less reliable than adults’. Since the 1980s, that assumption has been buttressed by numerous studies that detected declines in false memory between early childhood and young adulthood under controlled conditions. Fuzzy-trace theory predicted reversals of this standard developmental pattern in circumstances that are directly relevant to testimony because they involve using the gist of experience to remember events. That prediction has been investigated during the past decade, and a large number of experiments have been published in which false memories have indeed been found to increase between early childhood and young adulthood. Further, experimentation has tied age increases in false memory to improvements in children’s memory for semantic gist. According to current scientific evidence, the principle that children’s testimony is necessarily more infected with false memories than adults’ and that, other things being equal, juries should regard adult’s testimony as necessarily more faithful to actual events is untenable. PMID:23139439
Boseovski, Janet J.
Young children have been described as critical consumers of information, particularly in the domain of language learning. Indeed, children are more likely to learn novel words from people with accurate histories of object labeling than with inaccurate ones. But what happens when informant testimony conflicts with a tendency to see the world in a…
Heath, Wendy P.; Grannemann, Bruce D.; Sawa, Stephanie E.; Hodge, Kristine M.
Investigated the effects of the presence and typicality of detail in a witness' testimony on mock juror judgments. Results indicate that the presence of detail affected the ratings of witnesses. Atypical or typical detail provided by one witness, with no detail provided by the opposing witness, enhanced assessments of the former. (RJM)
This paper presents the testimony of Kevin Huffman, Tennessee Commissioner of Education, before the House Committee on Education and Labor. He talks about the work done by the Tennessee Department of Education to improve education for the nearly 950,000 public school students in Tennessee. He starts by providing some context about his and his…
The Holocaust formed the backdrop for a great variety of narratives, ranging from testimonies of the likes of Primo Levi and Elie Wiesel to popular books like Sarah's Key and The Baker's Daughter. An interesting fringe phenomenon of the infinite amount of stories that address this subject is the
Gee, Nancy R.; Dyck, Jennifer L.
Describes a classroom demonstration that uses a video clip of a robbery from the film "Robocop" to illustrate the fallibility of eyewitness testimony. Students view the clip and complete a multiple-choice test concerning the episode. The ubiquitous poor test performance can be used for an interesting and productive discussion. (MJP)
Castelain, Thomas; Bernard, Stéphane; Van der Henst, Jean-Baptiste; Mercier, Hugo
Two important parenting strategies are to impose one's power and to use reasoning. The effect of these strategies on children's evaluation of testimony has received very little attention. Using the epistemic vigilance framework, we predict that when the reasoning cue is strong enough it should overcome the power cue. We test this prediction in a population for which anthropological data suggest that power is the prominent strategy while reasoning is rarely relied on in the interactions with children. In Experiment 1, 4- to 6-year-old children from a traditional Maya population are shown to endorse the testimony supported by a strong argument over that supported by a weak argument. In Experiment 2, the same participants are shown to follow the testimony of a dominant over that of a subordinate. The participants are then shown to endorse the testimony of a subordinate who provides a strong argument over that of a dominant who provides either a weak argument (Experiment 3) or no argument (Experiment 4). Thus, when the power and reasoning cues conflict, reasoning completely trumps power. © 2015 John Wiley & Sons Ltd.
Full Text Available Background: An experience serving jury duty prompted reflection on the parallels between evidenced based medicine and our legal system. Findings: The steps of the legal system can be tied to each step of the practice of evidenced based medicine. Implications: Patients should be included in evidence based decisions. Pharmacists can act as resources for other providers practicing evidenced based medicine. Educators can use this analogy to teach evidence based medicine. Conflict of Interest We declare no conflicts of interest or financial interests that the authors or members of their immediate families have in any product or service discussed in the manuscript, including grants (pending or received, employment, gifts, stock holdings or options, honoraria, consultancies, expert testimony, patents and royalties. Type: Commentary
Badma V. Sangadzhiev
Full Text Available Civil legal proceedings are conducted according to the federal laws existing during consideration and permission of a civil case (making of separate legal proceedings or execution of court decrees. In case of lack of the regulation of a procedural law governing the relations which arose during civil legal proceedings, federal courts of the general jurisdiction and magistrate's courts apply the regulation governing the similar relations (analogy of the law. In the absence of such regulation of the judge work proceeding from the general principles of implementation of justice in the Russian Federation (analogy is right. Dispositions of general constitutional guarantees (which don't belong directly to judicial system, however their sense can quite be applied to judicial process of consideration of civil cases contain in the following articles of the Constitution of Russia: 17, 19, 29 and 45. Judicial activities are characterized by the major indicators: quality and efficiency (observance of procedural terms. According to the conventional principles and rules of international law to be an offender without unjustifiable delay constitutes one of the fundamental human rights inseparably linked with the right to fair legal proceeding. In a sense of the constitutional regulation, first, everyone has the right, but isn't obliged to protect the rights, secondly, to protect by all methods which aren't forbidden by the law. It is thought, the last purchases the force and the importance not as ascertaining (or transfer these methods in the law and as availability of real mechanisms of their use by the individual and availability of use.
This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage
T du Plessis
Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.
A country’s legal and judicial environment can help or hinder access to credit. In addition to the banking law governing the organization of the sector, the operations of credit institutions are subject to several laws. Four components of Malian business law are particularly relevant in assessing the position of creditors, the law on secured transactions, the law on collective proceedings,...
Z. Gonul BALKIR
Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal
Rules of medical ethic bid since the times of antiquity to respect the patients dignity. Today to respect the dignity of any man is a general legal rule. In the same way other rules of the traditional medical ethic became legal norms as for instance the command forbidding to do harm to someone. The law intends to limit the possibilities to exercise power. Therefore it does not compete to the doctor alone to decide that a medical treatment has to be applied. The legal base of a medical treatment lies in the consent of the patient who has been duly cleared up on his state, the necessary treatment and its risks. If it has to be decided if a doctor has given the right treatment in a special case it does not suffice to consult the general rules of the law; the circumstances of the case have to be considered as well. The doctor has to decide, according to the actual medical knowledge and the rules of his professional art what the appropriate proceeding is. Legal and medical considerations are closely connected if one judges a doctor handling a special case. If the patient consents, the doctor is not obliged to treat him, but he is entitled to do it, cases of emergency excepted. If and in what way he treats the patient has to be decided by the doctor according to medical criterias. If a patient, sound of mind, who is suffering heavily by an incurable illness asks the doctor to restrain treatment to alleviating the pains and to the absolute cares to preserve life, the doctor is bound by his patient's wish. In analogy the legal construct of "conducting business without mandate" allows the doctor to proceed in the same way if the patient who lost consciousness is not able to decide upon the treatment and whose death is inevitable and imminent if this is the only wise to respect the dignity of the patient.
Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni
A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.
This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...
Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund
This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....
Wszalek, Joseph A; Turkstra, Lyn S
As many as 30% of incarcerated juveniles have a history of traumatic brain injury (TBI). Moderate or severe TBI is associated with a high risk of impairment in language comprehension and expression, which may have profound effects on juveniles' ability to understand and express themselves in criminal proceedings. In this article, we review common language impairments in youths with TBI and discuss potential effects of these impairments on 3 stages of US criminal proceedings: (1) initial encounter with law enforcement; (2) interrogation and Miranda rights; and (3) competence to undergo trial proceedings. We then describe language assessment tools and procedures that may be helpful in legal contexts. Our aim was to inform clinicians and legal staff working with juvenile defendants with TBI, with the long-term goal of developing empirically based guidelines to ensure that juvenile defendants with TBI can fully and effectively participate in criminal proceedings.
data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...
Raisler, K.M.; Gregory, A.M.
This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered
Ovidiu – Horia Maican
Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.
Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України
In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...
... Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Demands for Testimony of Current... business; (b) Undue burden—whether the demand creates an undue burden upon Ex-Im Bank or is otherwise...
Leippe, Michael R; Eisenstadt, Donna; Rauch, Shannon M; Seib, Hope M
In 2 experiments, college students read a murder-trial transcript that included or did not include court-appointed expert testimony about eyewitness memory. The testimony either preceded or followed the evidence, and the judge's final instructions reminded or did not remind jurors about the expert's testimony. Expert testimony decreased perceptions of guilt and eyewitness believability when it followed the evidence and preceded the judge's reminder. This effect occurred whether the prosecution case was moderately weak or moderately strong. Jurors' need for cognition (NC) was curvilinearly related to convictions in a strong case. Low and high NC jurors convicted less than did moderate NC jurors. Greater scrutiny by high NC jurors may make them more likely to consider evidence for the weaker side. (c) 2004 APA
...). Thus, according to Live 365, Congress must have been contemplating the ability to compel testimony from... (8th ed. 2004). Additionally, Corpus Juris Secundum: A Contemporary Statement of American Law as...
Sobel, David M; Kushnir, Tamar
Children's causal learning has been characterized as a rational process, in which children appropriately evaluate evidence from their observations and actions in light of their existing conceptual knowledge. We propose a similar framework for children's selective social learning, concentrating on information learned from others' testimony. We examine how children use their existing conceptual knowledge of the physical and social world to determine the reliability of testimony. We describe existing studies that offer both direct and indirect support for selective trust as rational inference and discuss how this framework may resolve some of the conflicting evidence surrounding cases of indiscriminate trust. Importantly, this framework emphasizes that children are active in selecting evidence (both social and experiential), rather than being passive recipients of knowledge, and motivates further studies that more systematically examine the process of learning from social information. PsycINFO Database Record (c) 2013 APA, all rights reserved.
Jorge Eduardo Suárez Gómez
Full Text Available Colombia may be characterized as a society ruled over by “a routinization of war and oblivion”. When memories about violent events succeed in articulate themselves and transcend the private space, they are not necessarily incorporated to national memory through “memory policies” in transitional processes. These memories are “deposited” rather than discussed. Testimonial literature is one of those “deposits”. There are times when certain topics, witnesses, authors and narrative treatments attain an unexpected relevance. Such a relevance follows national factors, like the dynamics of conflict and society in Colombia and abroad, such as a “turn to past”. When making a survey across the development of the testimonial genre from mid-20th century Violence up to our times, the gravitation of several cultures of memory is made evident in a society where oblivion appears to prevail.
The idea that compositing or blending occurs in human episodic memory stems from two sources: (a) distributed memory models and (b) studies on the errors that occur in eyewitness testimony. These two traditions of research--theoretical and empirical--have been independent and distinct. Here, data from the eyewitness testimony paradigm are simulated by the distributed model CHARM (Composite Holographic Associative Recall Model). Of focal concern are Loftus's studies, which have been interpreted in favor of the blending hypothesis, and McCloskey and Zaragoza's studies, which have been interpreted as refuting Loftus's position. Both of these seemingly contradictory results, as well as recent findings with yes/no recognition, fall out of the model. Finally, the model predicts empirically found color shifts and provides specifications for when blends and memory impairments will and will not be expected.
Douglass, Amy Bradfield; Neuschatz, Jeffrey S; Imrich, Jennifer; Wilkinson, Miranda
Two experiments were conducted to test whether post-identification feedback affects evaluations of eyewitnesses. In Experiment 1 (N = 156), evaluators viewed eyewitness testimony. They evaluated witnesses who received confirming post-identification feedback as more accurate and more confident, among other judgments, compared with witnesses who received disconfirming post-identification feedback or no feedback. This pattern persisted regardless of whether the witness's confidence statement was included in the testimony. In Experiment 2 (N = 161), witness evaluators viewed the actual identification procedure in which feedback was delivered. Instructions to disregard the feedback were manipulated. Again, witnesses who received confirming feedback were assessed more positively. This pattern occurred even when witness evaluators received instructions to disregard the feedback. These experiments are the first to confirm researchers' assumptions that feedback effects on witnesses translate to changes in judgments of those witnesses.
Hernández Hernández, Pablo
This paper presents and discusses a conceptual perspective on the relationship between documentary photography and testimonial literature. The conceptual perspective focuses on the performative aspect of language, in the case of testimonial literature (speech act), and raises the possibility of understanding documentary photographic images from this same performative aspect, as an image act. This theoretical procedure involves a philosophical assessment of our concepts of justice and of the f...
Dermot J. Hayes
Testimony before the US-China Economic and Security Review Commission on April 25, 2013, by Dermot Hayes, professor of Economics and Finance, Iowa State University. Testimony covers impacts on food demand from China's rising incomes and urbanization; the viability of China's attempt to remain self-sufficient in meat and key staple crop production under inherent supply constraints, and the possible technological- and policy-based measures they may pursue in regard of such constraints; and, the...
MacKinnon, Emma; Myles, Alice; Page, Kristina; Shelhi, Taiseer; Westwood, Jill
This article considers the experiences of four recently qualified art psychotherapists as they move from training into work. It highlights the issues encountered and reflects the shifting field of employment as austerity Britain bites into public services and shapes possibilities. Creative testimonies of four women art psychotherapists are presented in collaboration with a woman art psychotherapy educator. Various themes are identified which include; the emotional experiences of change and tr...
Full Text Available Purpose – Endorsement strategies have a well-known potential of generating good results and there are various studies which refer to the endorsement sources as either a contextually effective or ineffective strategy. The present study is a new approach on this topic and it aims at identifying whether there are significant attitude changes towards the service category after the exposure to different types of service brand testimonials or not. The service category is represented by cosmetic treatments. The attitude structure in this study specifies three distinct components: the affective, the behavioural and the cognitive one. Design/methodology/approach –The study was conducted on a sample of 426 males and females from Romania. Each subject was exposed to testimonials coming from experts, celebrities and satisfied customers who were endorsing a branded cosmetic treatment. Measurements included endorsers’ perceived credibility and changes in affective, cognitive and behavioural attitudes towards the service category. Findings – Credibility derived from brand testimonials has an impact on the service category, as all three changes have been significant. The change in behavioural attitude was the most affected by perceived credibility, closely followed by the change in affective attitude and the change in cognitive attitude. Gender differences were also discussed. Research limitations/implications – The measurement of the endorsement's effect was performed only through the instrumentality of credibility. Another limitation is the survey context in which subjects got in contact with testimonials. Originality/value – This research is useful for both academics and practitioners, offering insights for those who are interested in attitude research and for those activating in the field of beauty service industry.
Full Text Available If the witness becomes a part of the relationship between memory and communication, we contribute to the evolution of research on the testimony, particularly exposing the individual and collective patterns that form the basis of the gesture. Drawing on the work of interactionist sociology, in particular occupational groups, we propose in this article to trace key moments in the career of a witness and clarify the evolutionary relationship that he has with a group and / or society.
Doepke, Karla J; Henderson, Angela L; Critchfield, Thomas S
In a laboratory simulation, a single-subject design was used to examine the effects of two types of social influence on children's eyewitness testimony, which has not been the subject of systematic behavioral analyses. This study replicates and extends findings from group-comparison studies, and shows that a topic of pressing social importance is amenable to analysis at the individual level, and therefore, potentially, to a behavioral analysis.
This paper considers whether the patient's self-reported testimony of nursing care provides an authentic basis for nursing knowledge. An international nursing and philosophical literature gives international relevance. United Kingdom reports detail patients' complaints about nursing care. Many are personal self-reported testimonies published in the media, but discounted by the nursing profession. Discussion paper. Data sources 1873-2012 include policy documents, nursing studies involving grounded theory, phenomenology and narrative inquiry, nursing textbooks 1882-1971 and the interpretive paradigms of Glaser and Strauss, Heidegger, Ricoeur and Gadamer. Nursing researchers use qualitative methodologies to understand the patient's experience of nursing. Three exemplars reveal epistemological and ontological problems. Epistemologically, researchers are controlling data, their selection and interpretation. Ontologically, the researcher's present horizon dominates because no consideration is given to the historical horizon and context where the tradition of nursing developed and defined the nurse. Arguably, patients' expectations of compassionate nurses bear witness to this past horizon. Patients' self-reported testimonies should be taken seriously as an evidence base for understanding and improving nursing care. Nursing researchers using qualitative methods should be transparent about their pre-judgements. Connections with the past horizon of nursing history should be made to cast light on the present horizon. Patients' self-reported testimonies are more congruent with methods of narrative inquiry than data solicited and filtered by the interviewer's undeclared pre-judgement. They bear witness to the horizon of the past and the meaning and purpose of nursing, its values and ethos. © 2013 John Wiley & Sons Ltd.
This proceedings contains information from the IPHE Infrastructure Workshop, a two-day interactive workshop held on February 25-26, 2010, to explore the market implementation needs for hydrogen fueling station development.
The conference proceedings include sessions on Alfven Wave Heating, ICRF Heating and Current Drive, Lower Hybrid Heating and Current Drive, and ECRF Heating. Questions of confinement, diagnostics, instabilities and technology are considered. Individual papers are cataloged separately
Gribnau, J.L.M.; Soeteman, A.
Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,
What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.
This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...
Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)
The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...
Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...
Shen, Jiabin; Pang, Shulan; Schwebel, David C
Unintentional drowning is the most common cause of childhood death in rural China. Global intervention efforts offer mixed results regarding the efficacy of educational programs. Using a randomized controlled design, we evaluated a testimonial-based intervention to reduce drowning risk among 280 3rd- and 4th-grade rural Chinese children. Children were randomly assigned to view either testimonials on drowning risk (intervention) or dog-bite risk (control). Safety knowledge and perceived vulnerability were measured by self-report questionnaires, and simulated behaviors in and near water were assessed with a culturally appropriate dollhouse task. Children in the intervention group had improved children's safety knowledge and simulated behaviors but not perceived vulnerability compared with controls. The testimonial-based intervention's efficacy appears promising, as it improved safety knowledge and simulated risk behaviors with water among rural Chinese children. © The Author 2015. Published by Oxford University Press on behalf of the Society of Pediatric Psychology. All rights reserved. For permissions, please e-mail: email@example.com.
Although the spiritual vibration of conversion can be felt (by the curious outsider) through what conversion performers say in their testimonial discourse, what transforms the convert 'on stage' into a 'new being' and what is 'the real' ( le réel ) in conversion performance remain unclear. An important question in this connection is, What is 'real' in a conversion representation, both with respect to the convert's interaction with the audience and to the construction of social reality? Following Lacan's tripartite register of the imaginary, the symbolic, and the real, in this essay I argue that through testimonial discourse converts construct social reality as an answer to the impossibility of 'the real' in their performative discursive practice. In the first part, I question the constructed nature of testimonial representations-as well as some academic knowledge production that has governed conversion research in the last few decades-and how these representations encourage 'outsiders' to read the narrative repertoire as a negation or mirroring 'the real' of the conversion experience. In the second part, I apply Roland Barthes' analytic reflections on photography to conversion research, especially the notions of the studium (the common ground of cultural meanings) and the punctum (a personal experience that inspires private meaning). This brings me to a number of theorists (mostly never used in the field of religious conversion)-Jacques Lacan, Roland Barthes, and Slavoj Žižek-who are important to the perspective that is developed in this essay.
Muir, A; Oppenheim, C
This article discusses the legal responsibilities that information intermediaries have towards the users of their services. The areas of law that affect legal liability are contract law, tort and strict liability. The likelihood of health-care librarians being held liable for the service they provide is assessed, and methods of reducing this risk are discussed. The key issues are: whether the recipient is relying on the information you provide and whether this reliance is reasonable; whether money changed hands; and whether the institution is under a statutory obligation to provide the information. All-embracing exclusion clauses are often used as an attempt to exclude liability, but their validity in law is doubtful, and they should be replaced by more reasonable ones. Adhering to good professional practice, and avoiding interpreting information for laymen are ways of minimizing liability. If court proceedings do take place, professional indemnity insurance can reduce financial loss.
This catalogue lists all currently valid sales publications of the International Atomic Energy Agency dealing with Safeguards and Legal Matters. Most publications are published in English. Proceedings of conferences, symposia and panels of experts may contain some papers in languages other than English (French, Russian or Spanish), but all of these papers have abstracts in English. It should be noted that prices of books are quoted in Austrian Schillings. The prices do not include local taxes and are subject to change without notice. All books in this catalogue are 16 x 24 cm, paper-bound, unless otherwise stated
Abat Ninet, Antoni
The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...
... the official business of the Department. (c) This subpart in no way affects the rights and procedures... and Foreign Trade Office of the Secretary of Commerce LEGAL PROCEEDINGS Testimony by Employees and the Production of Documents in Legal Proceedings § 15.11 Scope. (a) This subpart sets forth the policies and...
Rhodes, A M
Adolescent pregnancies have risen in recent years. Options open to the pregnant adolescent are: terminating the pregnancy; giving birth to the child out of wedlock; keeping the baby; giving the baby up for adoption; and marriage before or after the birth of the baby. Each of these options carries certain legal ramifications, since the adolescent patients have not reached the age of majority. The state or the parents usually assume the role of decision making on behalf of the adolescent or assist in the decision making process. Court rulings since the early seventies have legalized abortion and enlarged the rights of minors seeking termination of their pregnancies. Both parents and minors have rights under the certain state laws; parent have the right to notification, minors have the right to privacy. Keeping the child, out of wedlock, might result in legal battles over custody and/or establishing financial support from the father. Some adolescent mothers give up their children for adoption. There are 2 legal procedures that have to be accomplished before a child can be adopted: termination of the rights of the natural parents and adoption proceedings. If the parents marry after the birth of the child, the child is then considered legitimate and the father does not have to go through the process of adopting the child. Other issues requiring parental or individual consent include consent to treatment, contraception, or sterilization. In the case of forcible rape or incest, the physician is required to report incidents to law enforcement officials.
Wetherall, Anthony; Robin, Isabelle
The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice
Feteris, E.; Kloosterhuis, H.
In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary
This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)
This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage
Russell, William Benedict, III, Ed.
The "International Society for the Social Studies (ISSS) Annual Conference Proceedings" is a peer-reviewed professional publication published once a year following the annual conference. The following papers are included in the 2014 proceedings: (1) Legal Profession in the Technological Era with Special Reference to Women Lawyers in…
Full Text Available In 2014 and 2015, Croatian family law went through a big reform which resulted in a new family law statute. It mostly concerns children’s rights, divorce proceedings, custody proceedings as well as regulation of family proceedings. The new Croatian Family Act fulfils international obligations and also implements the legal opinions of the European Court of Justice. The modification of the institution of guardian ad litem (child’s attorney, whose role is now further enhanced due to the above amendments, has led to the fact that the child is provided with a broader scope of rights with respect to active participate in the proceedings where his interests need to be represented. The importance of the institution of guardian ad litem is growing in response to the increasing concerns about the child’s welfare. The duties, qualifications and authority of a guardian ad litem require precise determination. In order to depict and demonstrate the importance of this independent child counsellor, it is necessary to highlight the appertaining changes that have been made throughout the history of the Croatian family legal system and compare them with those having occurred in the German legal system.
... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Definitions. 504. 3 Section 504. 3 Foreign Relations BROADCASTING BOARD OF GOVERNORS TESTIMONY BY BBG EMPLOYEES, PRODUCTION OF OFFICIAL RECORDS, AND... appearance and testimony of a BBG employee in a legal proceeding. (b) General Counsel means the General...
... DEFENSE NUCLEAR FACILITIES SAFETY BOARD TESTIMONY BY DNFSB EMPLOYEES AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS Requests for Testimony and Production of Documents § 1707.201 General prohibition. No... information in response to a demand or request without the prior, written approval of the General Counsel. ...
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.
Full Text Available The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.
Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen
This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.
A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...
Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to
І. M. Alieksieieva
Full Text Available One of the distinguishing features of man as a biological individual who is able to comprehend meaningfully the reality surrounding him and manage his actions is consciousness. Depending on the scientific-theoretical approaches or applied needs, it is customary to apply a certain differentiation of definitions of the concept of consciousness, for example, everyday or political, individual or mass, the consciousness of school or student youth, and other. One of its varieties, perhaps the most important at the present stage of development of society and statehood, is the legal consciousness of man. The problem of the formation and functioning of the human sense of justice is one of the most popular and constantly developed in a number of scientific fields. The purpose of the work is to study the state of scientific knowledge of the legal consciousness and legal culture of student, future pharmacists in the context of legal education in the university. Materials and methods. According to a specific goal, the research was based on the analysis of international and national legislation, the database of scientific research developments of the National Library of Ukraine V.I. Vernadsky, the study of author's scientific works and professional publications on the formation of consciousness, legal consciousness and legal culture of youth, in particular, student. Methods of research - bibliographic, linguistic, comparative analysis, content-legal analysis. Results. The basic link of society is a person, as a biological individual, to which such mental entities as mind, consciousness and will are inherent. These qualities enable it to critically perceive the surrounding being, to realize and determine its place in the society, to program its perspective and direct its actions according to a specific goal. A specific form of consciousness is legal consciousness (legal awareness - the system of reflecting the legal reality in views, theories, concepts
Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...
Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.
. The married couples subjected to this mobile lifestyle are always in a process of becoming illegal, which is the consequence of ‘overstaying’ in Denmark or ‘understaying’ in Sweden. Besides its legal aspects, a semi-legal status also has significant moral implications that not only restructure marriage......In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...
Full Text Available The aim of this article is to present the concept of bankruptcy as a legal judicial procedure to be followed in case that the legal or natural person becomes insolvent. The paper is focused on the meaning of bankruptcy, the subjects of bankruptcy proceedings, causes for the opening of this proceeding, the competent court and its decision according to the law no.8901, dated 23.05.2002 “On bankruptcy” published in official Journal nr.31/2002. These article deals also with the organs of bankruptcy proceedings, administrator, meeting of creditors and methods of the conclusion of bankruptcy proceedings. A brief description of debtor’s possibilities during bankruptcy proceedings is given also in article. It deals with debtor’s closeout, rehabilitation/reorganization of the company and debtor’s liquidation. However, it should be noted that the bankruptcy procedure is a procedure not very widespread in our country, that due to the small number of cases before our courts. It also has to do with the fact that subjects rarely addressed the court.
Roberto, Christina A; Pomeranz, Jennifer L
In 2012, the New York City Board of Health passed a regulation prohibiting the sale of sugar-sweetened beverages in containers above 16 ounces in the city's food service establishments. The beverage industry and various retailers sued the city to prevent enforcement of the law, arguing that the board had overstepped its authority. In June 2014, the state's highest court agreed and struck down the regulation. Here we report the results of a content analysis of the public testimony related to the case submitted to the New York City Department of Mental Health and Hygiene. We identified major arguments in support of and against the sugar-sweetened beverage portion limit policy. We offer legal and scientific arguments that challenge the major anti-policy arguments and contend that, although this policy was not implemented in New York City, it can be legally pursued by other legislatures.
João Maurício Adeodato
Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.
Ramírez García, Hugo Saúl
This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.
Christensen, Janne Winther; Peerstrup Ahrendt, Line; Malmkvist, Jens
The 10th Internatinal Equitation Science Conference is held i Denmark from August 6th - 9th 2014. This book of proceedings contaions abstracts of 35 oral and 57 poster presentations within the conference themes Equine Stress, Learning and Training as well as free papers.......The 10th Internatinal Equitation Science Conference is held i Denmark from August 6th - 9th 2014. This book of proceedings contaions abstracts of 35 oral and 57 poster presentations within the conference themes Equine Stress, Learning and Training as well as free papers....
Full Text Available This piece begins by illustrating the current status of United Nations targeted sanctions regimes, from the formal point of view. It then proceeds to explain the mechanisms of listing and de-listing at the UN level, as well as the means by which UN Member States, and the European Union, implement these sanctions in their national (regional legal orders, and why the chosen means of implementation create potential situations where the states (the EU might find themselves in breach of differing international obligations. In the final part, the article shows how the major international European courts (the Court of Justice of the European Union and the European Court of Human Rights have dealt with this potential conflict, and posits that their approaches are very different and will have different consequences: i.e. whereas the CJEU has taken a militant approach, which threatens to damage the unity of international law, the ECtHR has taken an unitary approach, which strengthens the international system, while also promoting human rights over sanctions.
Cook, R J; Grimes, D A
RU 486 allows women the choice of a medical rather than a surgical abortion, and, for most women, the choice is one of procedure, not of whether to have an abortion. Issues surrounding RU 486 were explored in an American Society of Law and Medicine conference in December 1991 entitled "Antiprogestin Drugs: Ethical, Legal and Medical Issues." An introduction to 14 conference papers provides an overview of the proceedings. Baulieu, the father of RU 486, described updated developments in its use and the medically supervised method of abortion. Bygdeman and Swahn presented their work in Sweden on combining RU 486 with a prostaglandin to make abortion more effective. They suggested that the drug may be an attractive postovulation contraceptive. Greenslad et al. discussed service delivery aspects of the use of RU 486. Holt considered the implications of use of the drug in low-resource settings. A survey of obstetricians and gynecologists, presented by Heilig, indicates that 22% more physicians would perform a medical abortion. Patient perspectives were addressed by David, who stated that measuring acceptability of an abortion technique is difficult; women have historically used whatever method is available. A collaborative research project in India and Cuba on why women chose certain methods was reported by Winikoff et al. (90% of women would choose medical abortion if faced with the choice again). Berer analyzed French data on women's perspectives on medical vs. surgical abortion. The question of adolescent use of the drug was considered by Senderowitz, who lamented the lack of data on the subject and described what is known about adolescent pregnancy. Macklin proposed a framework for ethical analysis and used facts to address ethical questions. Weinstein provided another ethical framework, to analyze whether pharmacists have a right to refuse to provide abortifacient drugs. Buc approached the subject from a legal point of view and concluded that, whereas legal problems
... its responsibilities. The audit committee, or another independent body of the board, would also be... about certain legal or administrative proceedings against the company and its officers, directors, and...\\ See id. \\31\\ See id. at p. 3. Pink OTC Markets Inc. (``Pink OTC'') noted that there may be investor...
... COMMISSION 47 CFR Parts 1, 73 and 76 Broadcast Applications and Proceedings; Fairness Doctrine and Digital Broadcast Television Redistribution Control; Fairness Doctrine, Personal Attacks, Political Editorials and... legal effect and are obsolete. The deleted rules include ] the fairness doctrine, broadcast flag rules...
This proceedings is a compilation of 18 papers presented at the National Seminar on Acceptance and Trade of Irradiated Food, held in Toluca, Mexico, 27-29 October 1997. It generally deals with international and national legal, technological, health and commercial aspects of food irradiation. Public confidence and consumer acceptance of irradiated food stuff is also the subject of the seminar
... contains regulatory documents #0;having general applicability and legal effect, most of which are keyed #0... Adjudicatory Proceedings; Civil Money Penalty Inflation Adjustments AGENCY: Office of the Comptroller of the... amending its rules of practice and procedure for national banks and its rules of practice and procedure in...
Goodman, G S; Tobey, A E; Batterman-Faunce, J M; Orcutt, H; Thomas, S; Shapiro, C; Sachsenmaier, T
The present study was designed to examine effects of closed-circuit technology on children's testimony and jurors' perceptions of child witnesses. For the study, a series of elaborately staged mock trials was held. First, 5- to 6-year-old and 8- to 9-year-old children individually participated in a play session with an unfamiliar male confederate. Approximately 2 weeks later, children individually testified about the event at downtown city courtroom. Mock juries composed of community recruits viewed the trials, with the child's testimony presented either live in open court or over closed-circuit television. Mock jurors made ratings concerning the child witness and the defendant, and deliberated to reach a verdict. Results indicated that overall, older children were more accurate witnesses than younger children. However, older, not younger children produced more inaccurate information in free recall. Compared to live testimony in open court, use of closed-circuit technology led to decreased suggestibility for younger children. Testifying in open court was also associated with children experiencing greater pretrial anxiety. Closed-circuit technology did not diminish fact finders' abilities to discriminate accurate from inaccurate child testimony, nor did it directly bias jurors against the defendant. However, closed-circuit testimony biased jurors against child witnesses. Moreover, jurors tended to base their impressions of witness credibility on perceived confidence and consistency. Implications for the use of closed-circuit technology when children testify are discussed.
M. M. BERNATSKY
Full Text Available In the article commented text and Russian translation of the Questions and Answers ofElias, metropolitan of Crete, is offered. This source appears to be an important testimony ofByzantine liturgical tradition. It contains important data about ritual sequence and theologi'cal interpretation of the prothesis rite and Divine liturgy in general in XI–XII сc., i. e. in theperiod very close to the final codification of the Orthodox liturgy rite in XIII–XV cc.
Araque Marquez, Gustavo; Rojas Franco, Maria del Rosario; Rodriguez Rojas, Jhon Elmon Eyecid
Este estudio monográfico, descriptivo se realizó utilizando el análisis documental de literatura referida al tema, con la cual se logró profundizar sobre la implementación del Nuevo Sistema Penal Acusatorio, en el Manejo de la Prueba Testimonial en los Juicios Orales y el interrogatorio y contrainterrogatorio. A la información recopilada se le hizo un análisis valorativo con procedimientos lógicos de inducción y deducción; producto de lo cual pudimos explicar las características sobre el man...
Yépez Garcés, Diego Francisco
Se utilizan modelos valorativos, contextuales y pragmáticos dentro de lo cuales la tesis se divide en tres capítulos. El trasplante del cual la tesis abarca su investigación, es la práctica de la prueba testimonial oral civil, tomando como referencia el sistema adversarial del cual se verifican varios rasgos característicos; el sistema está en pleno proceso de trasplante al Ecuador, con la aprobación del Código Orgánico General de Procesos del 2015. En el primer capítulo, se abarca la dimensi...
Bjørst, Lill Rastad
challenges the use of climate testimonies in the international climatechange debate. Specifically, what is drawn upon in these personal experiences with the environment, and how is it useful in a public, political, or scientific context? In the conclusion of this article, it is argued that dominant climate......-crisis narratives have framed ‘‘the Greenlandic case’’ in a certain way, which consequently freezes arguments and possible agency. However, at the same time as there is a global framing of climate change and a specific position in this narrative for ‘‘local witnesses’’, there is also room for an alternative...
Peris Blanes, Jaume
El artículo analiza rol de los testimonios de supervivientes de los campos de concentración chilenos, que fueron publicados en los primeros años tras el golpe militar de Pinochet en 1973. El artículo se centra en dos elementos principales. Por una parte, en el rol cumplido por los testimonios en la protesta internacional contra la dictadura de Pinochet. Por otra parte, en el modo en que la escritura testimonial participó de la elaboración del trauma de la violencia militar. The article ana...
Rodica Diana APAN
Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.
Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.
This volume, the fifth in the series, contains the proceedings from the conference Custom. The Development and Use of a Legal Concept in the Middle Ages held at the Law School at the University of Aarhus in May 2008. The volume covers topics from local case studies and studies of learned law...... to broader reflections on the development and use of the legal concept consuetudo and its connection with other sources of law, with the balance between local and regional power structures, and secular and ecclesiastical societies in medieval Europe. Combining the approaches of several historical disciplines...
thinking, theory, and practice, with a premium placed on evidence-based research. The papers are published in a total of ten volumes of Proceedings, in addition to electronic publication. This volume contains 32 papers concerned with Design for X, Design to X, where X can represent a variety of attributes...
This publication contains the proceedings of 1997 Finnish Workshop on Power and Industrial Electronics, held in Espoo, Finland, on 26 August, 1997. The programme consisted of technical sessions on Advanced AC Motor Control, Electric Machines and Drives, Advanced Control and Measurement, Power Electronics Systems, Modelling and Simulation, and Power Converters
The EMAC Proceedings contains many papers related to digital information processing and telecommunications, reflecting the importance of the telecommunications industry, but also many papers on sensor systems and control systems are included. The papers come from all over Europe, from within...
Simic, M; Tasic, M; Stojiljkovic, G; Budakov, B; Vukovic, R
Some drivers with positive forensic ethanol analyses, offer an explanation that they consumed alcohol a short time before a traffic accident or after driving. In medico legal practice this is commonly known as hip-flask defense, but to us as "cognac alibi" defense. In these cases, the lawyers require the medico legal experts to offer as much information as possible so that the court may come to the most reliable conclusions about the driver's blood alcohol concentration at the moment of the traffic accident (BAC(Acc)). At the Institute of Forensic Medicine our own analytical approach was established to study this medico legal problem. It consists of three inter-related phases in which it combines the obtained BAC values, with testimonies of the drunk driving suspect andalso witnesses. A specific algorithm was designed for calculating absorption and elimination of consumed alcohol. All the above-mentioned elements and blood-ethanol values calculated according to Widmark's method were inserted into appropriate cells of MS Excel software in order to calculate BAC in the function of time. The result is a relevant analysis of the drunk driving suspect's BAC in 5-minute intervals, as well as a graphic representation in chart form.
Berlingher Remus Daniel
Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.
Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches
Full Text Available Mediation as an alternative dispute resolution enables faster, more efficient and less costly resolution of disputes in relation to the proceedings. Its operation is based on the following principles: voluntary, equality of the parties, neutrality of the mediator, exclusion of the public, efficiency of the procedure, confidentiality of information, fairness. In Macedonia the mediation as an alternative dispute resolution was introduced by the Law on Mediation in 2006. However, besides this law, the resolution of disputes by mediation is regulated by other special laws such as the Family Law Act, Consumer Law, the Juvenile Justice, Law for the peaceful resolution of labor disputes, etc.. For effective functioning of the mediation, except legal regulation of mediation, and established appropriate institutional framework is an important link for a successful mediation. The institutional framework of mediation includes: Ministry of Justice - Sector for Mediation, Board for Mediation, the Mediators Chamber of Macedonia and mediator. All the above institutions have proper function in the system of mediation and their jurisdiction is governed normative-legal. The legal and institutional framework actually consists of mediation system in the country and represent a whole.
The principle derived from experience that large projects require approval by the courts may not longer be valid. On the contrary, the courts are only entitled to real legal control according to the principle of the division of powers. If not accurately defined legal terms cannot be waived, the administration has to set the frame for review by courts by technical standards to be given in statutory ordinances, administrative provisions and administrative instructions. The average term of administrative proceedings has to be shortened considerably. The plaintiff as well as the beneficiaries of the act of licensing have a right to a prompt decision. The immediate execution of a decision can, on principle, also not be waived in future. More than up to now, the careful consideration of the interests and not an anticipated judgement on the main issue has to be the subject of legal examination according to section 80, subsection 5 of the German code of administrative procedure (Verwaltungsgerichtsordnung). (orig./HP) [de
Puvimanasinghe, Teresa S; Price, Ian R
Sri Lanka has recently emerged from a three decade long civil war between government forces and the Liberation Tigers of Tamil Eelam. Behind the actual arena of conflict, forms of organised violence were often perpetrated on ordinary Sri Lankans who came into contact with law enforcement officials and other state authorities. The effects of these encounters on mental health, well-being, and community participation can be severe and long-lasting. Considering the generally poor availability of mental health services in many low-income countries, brief efficient interventions are required to enhance the lives of individuals and their families affected by torture, trauma, or displacement. In this context, the present study evaluated the effectiveness of testimonial therapy in ameliorating the distress of Sri Lankan survivors of torture and ill-treatment. The results indicated that over a 2- to 3-month period, psychosocial functioning was significantly enhanced in the therapy group compared to the waitlist control group. The general benefits of testimonial therapy, the ease with which it can be incorporated into ongoing human rights activities, and its application by trained nonprofessionals encourage greater use of the approach. © The Author(s) 2016.
Using letters sent to British playwright J. B. Priestley in 1963, this paper explores the intersection between patient-focused history of psychiatry and the history of parapsychology in everyday life. Priestley's study of precognition lay outside the main currents of parapsychology, and his status as a storyteller encouraged confidences about anomalous temporal experience and mental illness. Drawing on virtue epistemology, I explore the regulation of subjectivity operated by Priestley in establishing the credibility of his correspondents in relation to their gender and mental health, and investigate the possibility of testimonial justice for these witnesses. Priestley's ambivalent approach to madness in relation to visions of the future is related to the longer history of prophecy and madness. Letters from the television audience reveal a variety of attitudes towards the compatibility of precognition with modern theories of the mind, show the flexibility of precognition in relation to mental distress, and record a range of responses from medical and therapeutic practitioners. Testimonial justice for those whose experience of precognition intersects with psychiatric care entails a full acknowledgement of the tensions and complicities between these two domains as they are experienced by the witness, and an explicit statement of the hearer's orientation to those domains. Copyright © 2014 The Author. Published by Elsevier Ltd.. All rights reserved.
The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)
Patrícia Verônica Nunes Carvalho Sobral
Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor of law schools; The educational legislation Questions of legal education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences about the teaching of law, the methodological approach and the didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.
depends on the translation strategy chosen. To meet the needs of learners, legal translation dictionaries should be designed as augmented reference tools. Electronic and printed dictionaries should include sections or CD-ROMs with syntactic, translation etc. data as well as exercises and illustrative......Legal translation dictionaries for learners are reference tools that can help users with domain-specific discourse in a foreign language. The most common type is the bilingual law dictionary covering several or all the sub-fields within the general field of law. However, such law dictionaries tend...... strategies. When learners translate legal texts into a foreign language, it is important that their dictionaries can help them produce texts that conform to the expected style. This style requirement may be met by producing translations that use natural and idiomatic language, and really crafted dictionaries...
This bibliography contains 485 references to literature on the subject of legal and institutional constraints to the development and use of geothermal resources. In addition to government-sponsored reports, journal articles, and books, the bibliography includes specific state and Federal laws and regulations, court cases of interest, and conference proceedings. For each reference, abstract or a listing of subject descriptors is given along with the complete bibliographic citation. Corporate, author, subject, and report number indexes are included. (LS)
Providing a socio-legal analysis of the issues, expert evidence and judgment in Reay and Hope v BNFL plc., the thesis offers an insight into the complexity of the toxic tort. Starting with an overview of the history of Sellafield, the thesis reflects on the scientific and epidemiological concerns surrounding the link between childhood cancer and nuclear installations. Drawing on scientific knowledge and epistemological considerations, the thesis moves on to the difficulties of verifying causation in science and the problems of establishing causation in law. Outlining the role of the expert witness and scientific expert evidence, the thesis proceeds with a case analysis, before broaching the thorny issue of judicial decision making and in particular, the difference between the 'discovery' and 'justification' process. Moving on to the Judgment in Reay and Hope, attention is given to the potential application of probability theory to the judicial decision making process. Lasting just short of one hundred days and including the testimony of numerous scientific experts, Reay and Hope marked new ground in a number of ways; it was the first personal injury claim to test the concept of genetic damage from radiation; the only time that a Queen's Bench Division Judge had been allocated a full-time judicial assistant, and one of the first trials to endorse a satellite video link for examination of international expert witnesses. As far as judicial management is concerned, the case was a forerunner in having Counsels' Opening Statements in writing in advance of the trial, as well as having written daily submissions of key issues from plaintiffs and defendants upon conclusion of oral evidence. The circumstances that led to the trial relate to events in excess of thirty to forty years ago when the fathers of Dorothy Reay and Vivien Hope were employed by the Defendants and their predecessors (the United Kingdom Atomic Energy Authority) as fitters for the Sellafield Plant
An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)
textabstract“The language – and therefore also to some large degree the practice – of morality today is in great disorder,”1 Alasdair MacIntyre writes, and as long as our moral world is diverse and pluralistic, the confusion will not be easily overcome. Indeed, the legal world is daily confronted
Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...
Surface transportation : prospects for innovation through research, intelligent transportation systems, state infrastructure banks, and design-build contracting : testimony before the Subcommittee on Transportation and Infrastructure, Committee on Environ
This testimony describes how innovation in federal research, financing and contracting methods has the potential for improving the performance of the nation's surface transportation system. The testimony is based on three reports on the reauthorizati...
Eastwood, Joseph; Caldwell, Jiana
Invalid expert witness testimony that overstated the precision and accuracy of forensic science procedures has been highlighted as a common factor in many wrongful conviction cases. This study assessed the ability of an opposing expert witness and judicial instructions to mitigate the impact of invalid forensic science testimony. Participants (N = 155) acted as mock jurors in a sexual assault trial that contained both invalid forensic testimony regarding hair comparison evidence, and countering testimony from either a defense expert witness or judicial instructions. Results showed that the defense expert witness was successful in educating jurors regarding limitations in the initial expert's conclusions, leading to a greater number of not-guilty verdicts. The judicial instructions were shown to have no impact on verdict decisions. These findings suggest that providing opposing expert witnesses may be an effective safeguard against invalid forensic testimony in criminal trials. © 2015 American Academy of Forensic Sciences.
Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær
Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements....
Bruza, Peter; Rijsbergen, Keith van
This book constitutes the refereed proceedings of the Third International Symposium on Quantum Interaction, QI 2009, held in Saarbruecken, Germany, in March 2009. The 21 revised full papers presented together with the 3 position papers were carefully reviewed and selected from numerous submissions. The papers show the cross-disciplinary nature of quantum interaction covering topics such as computation, cognition, decision theory, information retrieval, information systems, social interaction, computational linguistics and finance. (orig.)
Zajtsev, A.M.; Bitykov, S.I.
Proceedings are presented of the workshop devoted to the accelerating storage complex of IHEP (UNK-600). In the first section is given the information on the present status of the UNK-600 and particle channels design and on the adopted experiment NEPTUN-A. In the papers of the second section are discussed hadron physics investigations at 600 GeV. Experiments in the neutrino and muon beams are analyzed. A possible program of studying the charged kaon rare decays is described
Bruza, Peter [Queensland Univ. of Technology, Brisbane (Australia). Faculty of Science and Technology; Sofge, Donald [Navy Center for Applied Research in Artificial Intelligence, Washington, DC (United States). Naval Research Lab.; Lawless, William [Paine Coll., Augusta, GA (United States); Rijsbergen, Keith van [Glasgow Univ. (United Kingdom). Dept. of Computing Science; Klusch, Matthias (eds.) [German Research Center for Artificial Intelligence, Saarbruecken (Germany)
This book constitutes the refereed proceedings of the Third International Symposium on Quantum Interaction, QI 2009, held in Saarbruecken, Germany, in March 2009. The 21 revised full papers presented together with the 3 position papers were carefully reviewed and selected from numerous submissions. The papers show the cross-disciplinary nature of quantum interaction covering topics such as computation, cognition, decision theory, information retrieval, information systems, social interaction, computational linguistics and finance. (orig.)
The first Target Fabrication Workshop was held in 2006 in Abingdon, UK. In the intervening years activity in the field has expanded to develop new technologies and encourage young researchers. A lot of the work in Target Fabrication has been published in peer reviewed journals although, arguably, the discipline has still to find a natural home. Consequently it was decided to publish the Conference Proceedings as a standalone volume to both act as a record and also be a future resource. Looking forward the discipline of Target Fabrication appears to be increasingly important for enabling high power/energy laser facilities to deliver cutting edge science. Furthermore with the shift to higher repetition rates one area of growth for laser systems is expected to be into beams and their applications for which, again, Target Fabrication will be key. Additionally experience to date with higher repetition rate laser systems has indicated that the challenge of high rate, high accuracy target positioning is inseparable from that of target production. Consequently a new discipline, which has been called Microtargetry, is beginning to emerge combining the microtarget production and positioning challenges. If Microtargetry grows as anticipated the necessary R and D will require a publication platform and it is hoped that these Conference Proceedings will act as an early indicator. On behalf of my co-editors I would like to thank all who have contributed to these Proceedings. (paper)
Sloat, Robert S.
Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)
Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery
Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.
In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,
Nowadays geriatric rehabilitation is recognized as a matter of social law performance. Nevertheless there are very small chances to realize corresponding legal claims in view of the infra-structural deficits. This subscription works out the claims of social law for geriatric rehabilitation, names questions of delineation between illness, prevention and care indigence and discusses problems of geriatric rehabilitant institutions and services.
National School Boards Association, Alexandria, VA. Council of School Attorneys.
In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…
Clearwater, S.W.; Scanlon, J.M.
Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations
Based on harsh criticism of legal education by students, offers suggestions for improvement that do not require additional time for law studies, will increase the exposure of students both to law as practice and to law as an intellectual discipline, and involve no greater burden on law schools. A main suggestion involves elimination of teaching…
Macdonald, R. St. J.
Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)
Babín Vich, Francisco de Asís
The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.
Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)
Lisett D. Páez Cuba
Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.
T du Plessis
Full Text Available Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for research into constitutional issues, development and the relationship between constitutional law and other fields. This article investigates how information technology applications can support the legal research process and what the benefits of technology are likely to be to legal research. Furthermore, it investigates the changes and the impact that electronic resources and the digital information environment might have on legal research. This entails a study of the unique characteristics of digital legal research and of the challenges that legal researchers face in a changing information environment.
Claudia Alexandra Munévar Quintero
Full Text Available This article has as a configuration framework wich concerns the environmental damage from the different forms of legitimacy. The aim is to uncover the constitutional and doctrinal context of damage related with the environment according to their legal and anti-legal nature; it can be seen as a determinate or indeterminate victim, which is the owner of environmental rights. The epistemological approach is hermeneutical, in this sense, the normative postulates of "being" and "should be" of the regulations are outlined through the documentary analysis technique. To do this, it is understood that the damage, more than a legal construction, has a social definition, which in turn determines the criteria of legality. It is concluded that this criterion of legality does not serve only to judgments of a State’s reasonableness, strength and power through its rules. On the other hand, they are established by consensus and social re-significances. Relying on the coercion of law and its arbitrary force, leads to the discrediting of the State’s legal proceedings, accentuating the gap between the normative reality and social realities.
... nonpublic information and documents; (3) Office of Inspector General rules and regulations; (4) The public... the taking of testimony or receipt of documents by the method least disruptive to the employee's... depositions, or depositions transcribed, recorded, or preserved by any other means allowable by law. (c) Upon...
... 29 Labor 4 2010-07-01 2010-07-01 false Procedure in the event of a demand for production... Procedure in the event of a demand for production, disclosure, or testimony. (a) Any request for records of the Service, whether it be by letter, by subpoena duces tecum or by any other written demand, shall be...
Callanan, Maureen A.
Harris and Koenig make a compelling case for the importance of adult "testimony" and its influence on children's developing conceptions of topics in science and religion. This commentary considers how their analysis relates to constructivist and sociocultural theories and discusses several ways in which Harris and Koenig's arguments help to debunk…
Reynolds, William Bradford
This testimony was delivered by William Bradford Reynolds, the Assistant Attorney General of the Civil Rights Division, before the Subcommttee on Separation of Powers, Committee on the Judiciary of the United States Senate. Reynold states that compulsory busing of students is not an acceptable remedy to achieve racial balance. He emphasizes the…
Dillard, Amanda J.; Main, Jackie L.
Research suggests that testimonials, or first-person narratives, influence health behavior and health-related decision making, but few studies have examined conceptual factors that may be responsible for these effects. In the current study, older adults who were due for colorectal cancer screening read a message about screening that included a…
Livas, Christos; Delli, Konstantina; Pandis, Nikolaos
BACKGROUND: The aim of the study was to investigate the popularity, content of Invisalign patient testimonials on YouTube, as well as the sentiment of the related comments. METHODS: Using the term "Invisalign experience," the top 100 results on YouTube by view count were screened for English spoken
As the Hudson River power plant case proceeded, the regulatory ground shifted under the utility companies. At first, the US Environmental Protection Agency (EPA) contended that the utilities should build expensive closed-cycle cooling towers at three plants to minimize the plants' discharge of heated effluents to the river. When the formal hearing began, however, EPA claimed that cooling towers were needed to minimize the number of organisms impinged at and entrained through the plants. The Hudson River proceeding became a policy dispute over what the appropriate standard of environmental conduct should be, instead of a determination of whether a standard had been met or not. Such policy issues, which arise when legal precedent has yet to be developed for new laws like the Clean Water Act, are better addressed by a rule-making proceeding than by the adjudicatory hearing format used in the Hudson case. A rule-making proceeding would have markedly shortened the Hudson deliberations, probably without substantive change in the final settlement, and is recommended for future cases in which ambiguity in legislation or the lack of precedent has left policy matters unresolved. 2 refs
Tsyganenko Sergey, S.
Full Text Available The paper deals with the main issues of the modern concept of the criminal proceeding differentiation in terms of new methodological and theoretical approaches - models of criminal justice and the theory of criminal procedural strategy. This draws attention to a trend to expand the scope of application in criminal proceedings, along with production and procedural forms of justice and law and technology. In connection with what is considered their place in the structure of modern criminal procedure, the application conditions and development prospects. For a long time in the theory of criminal systemology a key element in the process acted as a procedural form of normative-functional complex stages and phases of activity in the pre-trial and judicial parts of the criminal justice system. Its mission has been focused on the achievement of major milestones in the implementation of justice, which, ultimately, are expressed in establishing the truth in the case. Thus, there was a two-element mechanism consisting of pre-trial proceedings, due to the need to solve the crime and bringing charges and proceedings, consisting primarily of the trial based on the principles of justice. This order, established regulations, is unified - it is equally applied to all categories of criminal cases and with all the procedural authorities. Modern criminal procedure is a differentiated form in which, along with established procedural steps and process of production, and has been actively used legal procedural technology.
Randall, Lisa H; Curran, Eileen A; Omer, Saad B
Recent years have brought increased focus on the desirability of vaccinating more healthcare workers against influenza. The concern that novel 2009 H1N1 influenza A would spark a particularly severe influenza season in 2009-2010 spurred several institutions and one state to institute mandatory vaccination policies for healthcare workers, and several new mandates have been introduced since then. Some healthcare workers, however, have voiced objections in the media and in legal proceedings. This paper reviews the characteristics of influenza and how it is transmitted in the healthcare setting; surveys possible constitutional, administrative, and common law arguments against mandates; assesses the viability of those arguments; and identifies potential new legal strategies to support influenza vaccine mandates. It is intended to assist those involved in the regulation and administration of public and private healthcare institutions who may be considering approaches to mandates but have concerns about legal challenges. Copyright © 2013 Elsevier Ltd. All rights reserved.
Testimony to Muzil: Hervé Guibert, Michel Foucault, and the "Medical Gaze" examines the fictional/autobiographical AIDS writings of the French writer Hervé Guibert. Locating Guibert's writings alongside the work of his friend Michel Foucault, the article explores how they echo Foucault's evolving notions of the "medical gaze." The article also explores how Guilbert's narrators and Guibert himself (as writer) resist and challenge the medical gaze; a gaze which particularly in the era of AIDS has subjected, objectified, and even sometimes punished the body of the gay man. It is argued that these resistances to the gaze offer a literary extension to Foucault's later work on power and resistance strategies.
Full Text Available Memory as a problem and the subject of theoretical inquiry, although early onset in civilization that we call western, has gained an important place in the concerns of historians, philosophers, psychologists, and literary critics, with all the ethical implications, political and aesthetic that entails. In this context, special dimensions such problematic charged when what is narrated, analyzes, represents or attempts to explain what are the collective traumatic events. In this paper, we focus on some aspects of testimonial texts and essays of Primo Levi (1919-1987, which estimates as unavoidable regarding the aforementioned issues. These texts are: Se questo è un uomo (1947, La tregua (1963 and I sommersi e i salvati (1986.
Full Text Available This work is the result of some concerns and reflections on the possible relations that History can hold with Literature, once for decades debates have been developed in favor of the delimitation of boundaries between historiographical discourse and literary works, and also of the establishment of Literature as a source for the development of historical researches. We intend to analyse here the Testimonial Literature genre through the works Passagem para o Próximo Sonho (1982, by Herbert Daniel, and Em Busca do Tesouro (1982, by Alex Polari, considering them essential to emphasize the new themes and approaches gaining ground with the growing number of works devoted to study the period in which the urban guerrilla happened, during the Brazilian military dictatorship. Therefore this study analyses historical, social, political and cultural representations built by the witness-narrators about the Brazilian “lefts” and the guerrilla background formed after 1968 during the Brazilian military regime.
Kassin, S M; Tubb, V A; Hosch, H M; Memon, A
In light of recent advances, this study updated a prior survey of eyewitness experts (S. M. Kassin, P. C. Ellsworth, & V. L. Smith, 1989). Sixty-four psychologists were asked about their courtroom experiences and opinions on 30 eyewitness phenomena. By an agreement rate of at least 80%, there was a strong consensus that the following phenomena are sufficiently reliable to present in court: the wording of questions, lineup instructions, confidence malleability, mug-shot-induced bias, postevent information, child witness suggestibility, attitudes and expectations, hypnotic suggestibility, alcoholic intoxication, the crossrace bias, weapon focus, the accuracy-confidence correlation, the forgetting curve, exposure time, presentation format, and unconscious transference. Results also indicate that these experts set high standards before agreeing to testify. Despite limitations, these results should help to shape expert testimony so that it more accurately represents opinions in the scientific community.
Full Text Available Two women's texts from postcolonial countries, Mexico and South Africa, on different continents show surprising correspondences in subject matter and style. Elena Poniatowska’s Hasta no verte Jesús mío (Till I meet you, my Jesus and Elsa Joubert's Die swerfjare van Poppie Nongena (The journey of Poppie Nongena examples of testimonial writing, both address issues of gender and politics in an innovative way. They combine autobiography and biography to render a dramatic account of social injustice despite their disparate backgrounds/cultures and subtle differences in style. In comparison, the texts not only affirm the validity of women’s writing and contribute to its enrichment, but also constitute a valuable contribution towards the formulation of a general feminist aesthetics. In fact, they illustrate conclusively that comparative literature fulfils a vital function in the exploration and interpretation of women's literature from different cultures.
This report is the text of invited testimony given by the author before the House Science and Technology Committee. This Congressional hearing on Societal Risks of Energy Systems reflects the growing interest on the part of Congress, the public, the scientific community, and other groups on this extremely important topic of Risk Analysis. This presentation will contain information on the emergence of an interdisciplinary professional field of risk analysis, including the recently formed Society for Risk Analysis. I will also discuss in some detail various risk analysis programs now in progress at the Oak Ridge National Laboratory and other research institutions. Also included will be some general philosophy concerning risks from energy-producing systems and my perspective on the needs for further developments in the field of risk analysis
This unique volume contains a tribute to Lord Patrick M S Blackett through the testimony of Professor Antonino Zichichi, who was one of Blackett's pupils in the experiment at the Sphinx Observatory, Europe's highest lab (3580 meters a.s.l.), at Jungfraujoch. The book presents an overview of Blackett's most significant discoveries, such as the so called "vacuum polarization" effect, the first example of "virtual physics" and the "strange particles", that opened a new horizon towards the existence of the subnuclear universe. After discussing the profound implications of Blackett's pioneering contributions to Subnuclear Physics, the book also recalls his deep interest in the promotion of scientific culture. Blackett was firmly convinced that physicists must be engaged directly to let the people outside our labs know what the role of science is in the progress of our civilisation. In particular, according to Blackett and his friend Bertrand Russell, the Manhattan Project was the example of how the new frontiers o...
Full Text Available Anselmo Adorno was one of the most prominent and influential men of Western Europe in the late Middle Ages in the area between Flanders, the Duchy of Burgundy and Scotland. Negotiator, wise, magistrate, Anselmo left us the journey report Itinerarium Terrae Sanctae Anselmi Adorni, written by his son Giovanni, a source of extraordinary wealth for the details and descriptions of places, customs and customs of the peoples of the eastern Mediterranean. Of particular interest is also the description of the cities, the urban and rural landscape, the routes that Adorno travelled in his journey between 1470 and 1471. The article will therefore take the moves from this precious testimony to describe the Italy visited by the pilgrim of Bruges, including Genoa, a family town of Rome, Brindisi and the Apulian cities of Naples, and the route that from the eternal city led to Venice, Cologne and finally to the West Flanders.
Rovee-Collier, C; Borza, M A; Adler, S A; Boller, K
In eyewitness testimony research, postevent information impairs retention of the original event and increases the probability that interpolated information will be identified as part of the original event. The present experiments studied these effects with 3-month-olds. Infants learned to kick to move a particular crib mobile and then were briefly exposed to information about a novel mobile. The novel postevent information impaired recognition of the original mobile when it immediately followed training but not when it was delayed by 1 day. Like adults, infants treated the postevent information as part of the original training event, continuing to do so for at least 2 weeks. We propose that postevent information displaces conflicting information coactive with it in primary memory and creates a new, updated memory token of the event. Once the new token leaves primary memory, however, it is protected; only a copy can be retrieved and modified in the future.
Cohen, G; Faulkner, D
Age differences in memory for the source of memories were investigated using two different experimental paradigms. Experiment 1 used a reality monitoring paradigm. A series of actions were either performed, imagined, or watched, and subjects were later tested for their ability to recognize the actions and identify their origins. Elderly subjects made more false positive responses than did young subjects, and they made more source confusion errors, attributing actions to the wrong sources. Both new and imagined actions were most often misclassified as watched. Experiment 2 used an eyewitness testimony paradigm. After watching a film, subjects read a written version of the story. A recognition test showed that elderly subjects were more often misled by false information in the story than were the younger subjects, and were more confident that their erroneous responses were correct. The findings suggest that a decline in memory for sources may diminish the accuracy of elderly witnesses.
Bradfield, A L; Wells, G L
The U.S. Supreme Court has outlined five criteria on which evaluations of eyewitness identifications should be based (certainty, view, attention, description, and time; Neil v. Biggers, 1972). We postulated that certainty plays a qualitatively different role from the four other Biggers criteria in evaluations of eyewitness identification testimony. Specifically, we hypothesized that participants would ignore reports on other criteria when certainty was high (the certainty-trumps hypothesis), but not when certainty was low. Participants (N = 386) read a fictitious trial transcript in which three of the five Biggers criteria were manipulated (certainty, view, and attention, or certainty, description, and time) and completed a questionnaire. The certainty-trumps hypothesis was not supported. Instead, the Biggers criteria combined only as main effects, not interactions, supporting a summative hypothesis. Surprisingly, collateral effects indicated that manipulations of one criterion (e.g., certainty) affected perceptions of other criteria (e.g., attention and view) and vice versa. Implications of the results are discussed.
Johannes van Oort
Full Text Available The earliest Christians – all of whom were Jews – spoke of the Holy Spirit as a feminine figure. The present article discusses the main proof texts, ranging from the ‘Gospel according to the Hebrews’ to a number of testimonies from the second century. The ancient tradition was, in particular, kept alive in East and West Syria, up to and including the fourth century Makarios and/or Symeon, who even influenced ‘modern’ Protestants such as John Wesley and the Moravian leader Count von Zinzendorf. It is concluded that, in the image of the Holy Spirit as woman and mother, one may attain a better appreciation of the fullness of the Divine.
Cuenen, Ariane; Brijs, Kris; Brijs, Tom; Van Vlierden, Karin; Daniels, Stijn; Wets, Geert
For several decades policy makers worldwide have experimented with testimonials as a strategy to promote road safety supportive views in a wide variety of target populations such as recidivists and students. In its basic format, a (relative of) a victim or an offender brings a personal testimonial of what it is to experience a traffic accident. The underlying idea is that such a testimonial will emotionally affect participants, thereby stimulating them to cognitively reflect upon their own behavior and responsibility as a road user. Unfortunately, empirical literature on the effectiveness of this strategy is rather scarce and inconsistent. This study investigated the effect of a large-scale program with victim testimonials for high schools in Belgium on five socio-cognitive and behavioral variables drawn from the Theory of Planned Behavior (i.e., attitude, subjective norm, perceived behavioral control, behavioral intention and behavior). Moreover, this study investigated program effects on participants' cognitive and emotional estate and whether this influences the program's impact on socio-cognitive and behavioral variables. Our test sample included 1362 students, who were assigned to a baseline - follow-up group and a post-test - follow-up group. We questioned both groups, a first time (just before or after session attendance) on paper, and a second time (two months after session attendance) online. Results indicate the program had, both immediate and two months after attendance, small to medium positive effects on most socio-cognitive and behavioral variables. However, effects depended on participants' demographic profile, their baseline values on the socio-cognitive and behavioral variables, and the degree to which they were cognitively/emotionally affected by the program. We discuss the practical implications of these findings and formulate recommendations for the development of future interventions based on victim testimonials. Copyright © 2016 Elsevier Ltd
Yzermans, Maria; van Blom, C.L.; Broers, E.J.M.F.C.
The instructions classical rhetoric gives for the use of emotional means of persuasion still prove to be useful in modern professional legal practice, albeit that they need to be adapted to modern psychological concepts and current legal practice.
Claudiu Ramon D. Butculescu
Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.
Full Text Available In the present study we have examined the provisions of the European legal instrument governing the right of access to a lawyer within the criminal proceedings in a Member State of the European Union, especially in situations where against the person concerned it was imposed a measure of deprivation of liberty and the right to have access to consular authorities, the right to inform a third person and the right of access to a lawyer in execution proceedings of a European Arrest Warrant. With the actual examination of these provisions, we referred also to the provisions of law, emphasizing the differences of the existing regulation and the need to transpose the European legal instrument into the national law by a separate legislative act and not by completing the special law, as it is intended at the moment. The innovations consist of examining the European legal instrument focusing on the right to have access to all the criminal proceedings, with reference to relevant national legislation, including the procedure of executing a European arrest warrant. The paper can be useful to academics, practitioners in the field and to the Romanian legislator from the perspective of transposing this European legal instrument into the national law.
99 Legal Regulation of the Commercial Register Summary In my master diploma thesis, I describe legal regulation of the Commercial Register. This legal institution serves for the registration of entrepreneurs (both legal entities and natural persons - entrepreneurs) and is very important for free market economy. For these reasons, it is supposed to be one of the substantial topics in the field of contemporary Commercial Law. I chose this particular theme because I am interested in the Commerci...
Elena Codruta BADEA
In the last two decades, legal English has attracted increasing interest and awareness, especially because English is predominantly the language of international legal practice. Legal English must be seen in the overall context of English for Specific Purposes , as it shares the important elements of need analysis, syllabus design, course design, and materials selection and development which are common to all fields of work in ESP. As with other varieties of ESP, Legal English implies the def...
Claudiu Ramon D. Butculescu
This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...
A consideration of the diversity and fragmentation which characterise contemporary legal practice with particular reference to the situation in the North West of England. Article by Professor David Sugarman, Director, Centre for Law and Society, Lancaster University Law School - published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
R. Cameron Craddock; Pierre Bellec; Daniel S. Margules; B. Nolan Nichols; Jörg P. Pfannmöller; AmanPreet Badhwar; David Kennedy; Jean-Baptiste Poline; Roberto Toro; Ben Cipollini; Ariel Rokem; Daniel Clark; Krzysztof J. Gorgolewski; R. Cameron Craddock; R. Cameron Craddock
Table of contents I1 Introduction to the 2015 Brainhack Proceedings R. Cameron Craddock, Pierre Bellec, Daniel S. Margules, B. Nolan Nichols, J?rg P. Pfannm?ller A1 Distributed collaboration: the case for the enhancement of Brainspell?s interface AmanPreet Badhwar, David Kennedy, Jean-Baptiste Poline, Roberto Toro A2 Advancing open science through NiData Ben Cipollini, Ariel Rokem A3 Integrating the Brain Imaging Data Structure (BIDS) standard into C-PAC Daniel Clark, Krzysztof J. Gorgolewski...
This volume of the ITER EDA Documentation Series presents records of the 12th ITER Council Meeting, IC-12, which took place on 23-24 July, 1997 in Tampere, Finland. The Council received from the Parties (EU, Japan, Russia, US) positive responses on the Detailed Design Report. The Parties stated their willingness to contribute to fulfil their obligations in contributing to the ITER EDA. The summary discussions among the Parties led to the consensus that in July 1998 the ITER activities should proceed for additional three years with a general intent to enable an efficient start of possible, future ITER construction
Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti D
the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best......Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance...... in national programs, has often been challenging. This paper takes a closer look at food fortification efforts and legislation mechanisms in Vietnam and Indonesia in order to determine specific factors and components in the legal framework that are crucial to the success of fortification programs...
Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A
To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.
Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.
In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of experts and the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise
J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)
textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since
Serebrennikova, Anna; Mashkova, Yekaterina
This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…
Boer, A.; van Engers, T.
To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,
The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...
Meyer, John W.
Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…
... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Legal custody. 1275.14... THE NIXON ADMINISTRATION General Provisions § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials of...
The Legal Counsel works with, and provides legal and strategic advice to, staff throughout the Centre, at all levels. The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on corporate governance matters.
M. Bodig (Matyas)
textabstractThe paper offers a legal theoretical analysis of the disciplinary character of the contemporary practice of legal scholarship. It is assumed that the challenges of interdisciplinary engagement are particularly revealing about the nature of legal scholarship. The paper argues for an
Oswald, Ramona Faith; Kuvalanka, Katherine A.
In this article, the authors present a typology for organizing our current knowledge regarding same-sex couples in the United States who have and have not established legal ties between partners. This framework is complemented by a discussion of key rulings that define what is legally possible as well as the introduction of "legal consciousness,"…
In this paper the thesis is argued that there is no need for a special legal logic to deal with the defeasibility of legal arguments. An important argument for this thesis is that legal judgements ask for a complete justification and that such a complete justification requires a deductively valid
Andrey Valeryevich Skorobogatov
Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp
The incumbent provides first-level management of the legal operations in the Office of the Secretary and General Counsel, with particular emphasis on supporting the lawyers, monitoring and coordinating the flow of legal information and workload, conducting basic research including through the use of legal databases, and ...
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... the district engineer determines that legal action is appropriate, he will prepare a litigation report...
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims filed under this subpart shall be forwarded to the legal division of the bureau or office out of whose...
... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...
This catalogue lists all sales publications of the International Atomic Energy Agency dealing with Safeguards and Legal Matters issued during the period 1970-1994. Most publications are published in English, through some are also available in French, Russian and Spanish. Proceedings of conferences, symposia and panels of experts may contain some papers in languages other than English (French, Russian or Spanish), but all of these papers have abstracts in English. If publications are also available in other languages than English, this is noted as C for Chinese, F for French, R for Russian and S for Spanish by the relevant ISBN number. It should be noted that prices of books are quoted in Austrian Schillings. The prices do not include local taxes and are subject to change without notice. All books in this catalogue are 16 x 24 cm, paper-bound, unless otherwise stated
Dickens, B M; Cook, R J
Modern medical concerns with telemedicine and robotics practiced across national or other jurisdictional boundaries engage the historical, complex area of law called conflict of laws. An initial concern is whether a practitioner licensed only in jurisdiction A who treats a patient in jurisdiction B violates B's laws. Further concerns are whether a practitioner in A who violates a contract or treats a patient in B negligently incurs liability in B, A, or both, and, if treatment lawful in A is unlawful in B, whether the practitioner commits a crime. Judicial procedures are set by courts in which proceedings are initiated, but courts may decline jurisdiction due to inconvenience to parties. If courts accept jurisdiction, they may apply their own substantive legal rules, but may find that the rules of a conflicting jurisdiction should apply. Cross-border care should not change usual medical ethics, for instance on confidentiality, but may mitigate or aggravate migration of specialists.
Oye, K; Baird, L G; Chia, A; Hocking, S; Hutt, P B; Lee, D; Norwalk, L; Salvatore, V
In April 2012, MIT's Center for Biomedical Innovation and the European Medicines Agency (EMA) cosponsored a workshop on legal foundations of adaptive pharmaceuticals licensing. Past and present attorneys from the US Food and Drug Administration (FDA), the EMA, and Health Sciences Agency Singapore (HSA) found that existing statutes provided authority for adaptive licensing (AL). By contrast, an attorney from Health Canada identified gaps in authority. Reimbursement during initial phases of adaptive approaches to licensing was deemed consistent with existing statutes in all jurisdictions.
This paper briefly deals with relevant technological advances, business prospects for space tourism and related policy developments with a view to forecast the viability of space tourism industry. It further analyses applicable international space law and some national laws that particularly have direct relevance to space tourism. Legal lacunae are identified and suggestions are made with a view to encourage the development of this newest application of space technology.
Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty
Full Text Available Irish and international legal reform resulting from the Convention on the Rights of Persons with Disabilities [CRPD] has primarily focussed on Article 12, the right to exercise legal capacity. Article 13, which declares the right to access justice and the right to access procedural accommodations for all with disabilities, is often neglected. Specifically, research has not sufficiently explored the accommodations needed by witnesses with communication difficulties to testify in the courtroom. This study brings this aspect of Article 13 into focus by exploring the views of Irish legal professionals and disability advocates regarding existing and potential further accommodations for witnesses with communication diffiuclties in Irish criminal proceedings. By comparing and contrasting contributions, a series of conflicting perspectives between the legal profession and disability community are revealed. As successful implementation of Article 13 requires collaboration between both groups, this study concludes that these conflicts will need to be acknowledged and addressed in order for reform of courtroom accommodations to succeed.
Full Text Available In its recent consultative opinion on the “Rights and Guarantees of Boys and Girls Within The Context of Migrations and/or the Need for International Protection”, the Inter-American Court of Human Rights has expounded upon the state of Inter- American law as regards the migration of minors. One of the themes of the opinion, and taken up in this article, relates to the possibility and conditions under which the liberty of minors is affected in relation to migration proceedings. Even though the solutions given by the Court are a testimony to the strong expansion of human rights, more technical precision would have been desirable in the decision.
This is because the discounts and rebates offered in the past to some resulted in higher prices for others. But on average, however, prices should drop slightly because the. SEPs are based on figures from last year. DISPENSING FEES. The new law on dispensing fees only comes into effect on. 2 August 2004. Until then ...
Devenport, Jennifer L; Stinson, Veronica; Cutler, Brian L; Kravitz, David A
Mock jurors (N = 800) viewed a videotaped trial that included information about a lineup identification procedure. Suggestiveness of the eyewitness identification procedure varied in terms of foil, instruction, and presentation biases. Expert testimony regarding the factors that influence lineup suggestiveness was also manipulated. Criteria included juror ratings of lineup suggestiveness and fairness, ratings of defendant culpability, and verdicts. Jurors were sensitive to foil bias but only minimally sensitive to instruction and presentation biases. Expert testimony enhanced juror sensitivity only to instruction bias. These results have implications for the effectiveness of cross-examination and expert testimony as safeguards against erroneous convictions resulting from mistaken identifications.
Schwarzenberg, T L; Buffone, M R
During the last years the Italian Government has taken many different initiatives to protect the adolescents rights to benefit from physical, psychical and social well-being. In particular, various projects concerning the promotion and the support of the school, the family, sport, mass-media, judicial and medical infrastructures, have been organised, promoted and financed. However, it is not always possible to assure a real safeguarding of teenagers rights; this especially happens because the problem concerning the autonomous capacity of minors to consent (or non consent) to the medical treatment is much debated. However, many contradictions still persist about the effective duration of the pediatric age. All the same, it must be noted that the Legislator apparently realised that not only the physical, psychological and social maturity proceed by steps, but also the legal capacity.
Full Text Available In the article on the basis of the methodology of system analysis the legal nature and sources of legal regulation of the legal regime of official information in Ukraine in the conditions of adaptation of Ukrainian legislation to the legislation of the European Union are considered. A comparative legal analysis of official information in the public-law and private-law spheres in the context of legal regimes of restricted information, confidential information and information classified as state secrets has been conducted.
The article outlines archival sources for legal biography held at the Institute of Advanced Legal Studies, focussing on primary sources of information on individuals, including the Law Society and Bar Examination results. It also summarises additional sources which provide biographical information on legal practitioners and scholars eg. the archives of The Society of Legal Scholars and the Council of Legal Education, IALS institutional archives, The Bar Council, The International Law Associat...
Full Text Available The underlying principle of the law, and a source of law – equity – has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society. Therefore, equity has a hermeneutic function, strictly for making interpretations when the legislator so allows it, it is intrinsic to the law and contains all phases of good management and enforcement of justice, being a part of all stages of the legal proceedings, from the application initiating proceeding to the actual implementation of the court decision awarded, regardless of the nature or extent of jurisdiction, and of the nature of the litigation referred for judgment. According to the requirements of equity, the judges have special powers for settling specific cases, namely, they may offer resolutions they consider to be fair and conforming to the interests of the parties involved, which is to be grounded on facts, and not on the positive law.
Hohm, Carly; Snyder, Jeremy
Medical tourism is international travel with the intention of receiving medical care. Medical tourists travel for many reasons, including cost savings, limited domestic access to specific treatments, and interest in accessing unproven interventions. Medical tourism poses new health and safety risks to patients, including dangers associated with travel following surgery, difficulty assessing the quality of care abroad, and complications in continuity of care. Online resources are important to the decision-making of potential medical tourists and the websites of medical tourism facilitation companies (companies that may or may not be affiliated with a clinic abroad and help patients plan their travel) are an important source of online information for these individuals. These websites fail to address the risks associated with medical tourism, which can undermine the informed decision-making of potential medical tourists. Less is known about patient testimonials on these websites, which can be a particularly powerful influence on decision-making. A thematic content analysis was conducted of patient testimonials hosted on the YouTube channels of four medical tourism facilitation companies. Five videos per company were viewed. The content of these videos was analyzed and themes identified and counted for each video. Ten main themes were identified. These themes were then grouped into three main categories: facilitator characteristics (e.g., mentions of the facilitator by name, reference to the price of the treatment or to cost savings); service characteristics (e.g., the quality and availability of the surgeon, the quality and friendliness of the support staff); and referrals (e.g., referrals to other potential medical tourists). These testimonials were found either not to mention risks associated with medical tourism or to claim that these risks can be effectively managed through the use of the facilitation company. The failure fully to address the risks of medical
Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.
Munthe, Christian; Nielsen, Morten Ebbe Juul
identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment......This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...
Abubakar A Bakari
Full Text Available Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ
Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A
Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in
TITLE: Spanish Testimonial Literature and French Concentration Camps: an Approximation. TÍTULO: La literatura testimonial española y la experiencia de los campos de internamiento franceses: una aproximación al corpus.
Javier Sánchez Zapatero
ABSTRACT: This essay reflects an approach to the way Spanish survivors represent their own experience in French concentration camps, studying how the concentrationary literature acquires an interpretation as memory, resistance, commitment and identity.. RESUMEN: El artículo trata de establecer las principales características de la literatura testimonial compuesta por los españoles que permancieron internados en los campos de concentración franceses a partir del final de la Guerra de Civil: su...
Full Text Available Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward “rating” and “feedback” has made this doctor–patient relationship, a consumer–service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.
Jayalakshmi, Sita; Vooturi, Sudhindra
Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward "rating" and "feedback" has made this doctor-patient relationship, a consumer-service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation) processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.
Moghissi, A.A.; Blauvelt, R.K.; Benda, G.A.; Rothermich, N.E.
This volume contains the peer-reviewed and edited versions of papers submitted for presentation a the Second International Mixed Waste Symposium. Following the tradition of the First International Mixed Waste Symposium, these proceedings were prepared in advance of the meeting for distribution to participants. The symposium was organized by the Mixed Waste Committee of the American Society of Mechanical Engineers. The topics discussed at the symposium include: stabilization technologies, alternative treatment technologies, regulatory issues, vitrification technologies, characterization of wastes, thermal technologies, laboratory and analytical issues, waste storage and disposal, organic treatment technologies, waste minimization, packaging and transportation, treatment of mercury contaminated wastes and bioprocessing, and environmental restoration. Individual abstracts are catalogued separately for the data base
Moghissi, A.A.; Blauvelt, R.K.; Benda, G.A.; Rothermich, N.E. [eds.] [Temple Univ., Philadelphia, PA (United States). Dept. of Environmental Safety and Health
This volume contains the peer-reviewed and edited versions of papers submitted for presentation a the Second International Mixed Waste Symposium. Following the tradition of the First International Mixed Waste Symposium, these proceedings were prepared in advance of the meeting for distribution to participants. The symposium was organized by the Mixed Waste Committee of the American Society of Mechanical Engineers. The topics discussed at the symposium include: stabilization technologies, alternative treatment technologies, regulatory issues, vitrification technologies, characterization of wastes, thermal technologies, laboratory and analytical issues, waste storage and disposal, organic treatment technologies, waste minimization, packaging and transportation, treatment of mercury contaminated wastes and bioprocessing, and environmental restoration. Individual abstracts are catalogued separately for the data base.
This report contains the proceedings of the Imaging Sciences Workshop sponsored by C.A.S.LS., the Center for Advanced Signal & Image Sciences. The Center, established primarily to provide a forum where researchers can freely exchange ideas on the signal and image sciences in a comfortable intellectual environment, has grown over the last two years with the opening of a Reference Library (located in Building 272). The Technical Program for the 1996 Workshop include a variety of efforts in the Imaging Sciences including applications in the Microwave Imaging, highlighted by the Micro-Impulse Radar (MIR) system invented at LLNL, as well as other applications in this area. Special sessions organized by various individuals in Speech, Acoustic Ocean Imaging, Radar Ocean Imaging, Ultrasonic Imaging, and Optical Imaging discuss various applica- tions of real world problems. For the more theoretical, sessions on Imaging Algorithms and Computed Tomography were organized as well as for the more pragmatic featuring a session on Imaging Systems.
Full Text Available The opinions of legal professionals about child and adult witnesses might influence the likelihood that a case is allowed to proceed through the different stages of the legal process. With the aim of knowing the opinions of legal practitioners about child and adult witnesses, 84 legal professionals (Swedish police, prosecutors, and attorneys were surveyed about their beliefs about child and adult eyewitness memory (and metamemory abilities. The respondents answered 27 questions relating to nine forensically relevant belief areas in which they compared the memory ability of children (ages 7 to 11 years and adults. The results showed no differences in assessment among members of different professions and a general trend suggesting that, across the professions, children were believed to be poorer witnesses than adults regarding their memory abilities. Moreover, the professionals' within-group consensus was very low. These results are discussed in the context of eyewitness research findings and with respect to the implications for both legal and research practice.
Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies performance of their duties...
Haddon, Phoebe A.
Presents some of the questions raised during debate within the American Bar Association about multidisciplinary practice (MDP). Provides responses based on recorded testimony and other communications with the bar's commission on MDP. (EV)
Full Text Available The importance of prevention in the fight against corruption is indisputable. However, prevention is effective and sustainable if it works, meaning that tools and strategies that are fit to achieve this goal need to be identified. The regulation of persons who give integrity warnings (whistleblowers and, in this context, their legal protection are part of efforts to identify such instruments. The present study reveals aspects of the evolution of regulation for those who give integrity warnings in Romania and the world in an attempt to identify solutions for this instrument itself to become effective in preventing corruption.
The aim of this paper is to shed new light on a central, yet much misunderstood source from the initial stage in the process of the codification of Danish law. On the literal level, the Lex castrensis, written in the 1180s, represents a description of changes in the internal jurisdiction...... of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...
Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.
Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...
Kierski, W S
Noise abatement is a problem of technology, medicine, law, and education. In the technical field, the problem of avoiding hazards is the primary one. In respect of encroachment upon neighbours mutual regard should be the foremost consideration. From the legal angle, a distinction is made between protection of the individial-above all under the provisions of the German Civil Code (Bürgerliches Gesetzbuch)-and of the community-under the provisions of criminal law and administrative law. Future legislation will have to concentrate increasingly upon governmental control measures especially with a view to prevention, instead of the issue of protection of the individual.
Tax rate problems The subject of the graduation thesis is legal problems of tax rate. The aim of this thesis is description and estimation of the flat tax rate and states, where is established. First of all I define the basic kinds of tax systems - the tax system with one tax rate, the progressive tax system and the flat tax system. Further I deal with the principles and elements of the flat tax rate as interpreted by American economists Robert E. Hall and Alvin Rabushka who are generally ack...
Malheiros, T.M.M.; Knoefell, T.M.J.
The goal of this paper is to discuss the main legal aspects related to the application of ionizing radiation in the industry, medicine, agriculture, scientific activities to envisage from the in force legislation the competence and responsibility for the control of radiation facilities comprising regulation, licensing and inspection. Legislation does not embrace all the aspects related to radiation facilities regarding to the specific provisions on civil liability concerning damages caused by non nuclear radiological accidents. The law nr.6.453 is applied only to nuclear accident, as defined in its rules. (author) [pt
Cloney, T J
This article discusses legal characteristics of derivatives that a not-for-profit health care company may use in a conduit financing in which a governmental issuer issues bonds for the benefit of a health care company. This article also presents the Master Agreement promulgated by the International Swaps and Derivatives Association; discusses how to get out of a derivative; discusses the status of a derivative after insolvency of a counterparty; presents disclosure issues relating to documents prepared in connection with an issue of bonds; and describes the treatment of derivatives under commodities regulations. It concludes with a presentation of possible new regulations applying to derivatives.
Doctors want to save lives and promote health. But their patients have the right to decide for themselves about what doctors do with them, and they are free to refuse treatment, even if it is unreasonable from a medical perspective. The law acknowledges this freedom even if a patient is incapable of responsible self-determination as a result of (mental) illness. Treatment contrary to the patient's declared intention will be allowed only under specific, narrow circumstances. These requirements must be legally established in a clear and precise manner. © Georg Thieme Verlag KG Stuttgart · New York.
Wernow, Jerome R; Grant, Donald G
For over 30 years, pharmacists have exercised the right to dispense medications in accordance with moral convictions based upon a Judeo-Christian ethic. What many of these practitioners see as an apparent shift away from this time-honored ethic has resulted in a challenge to this right. To review and analyze pharmacy practice standards, legal proceedings, and ethical principles behind conflicts of conscientious objection in dispensing drugs used for emergency contraception. We first searched the terms conscience and clause and Plan B and contraception and abortion using Google, Yahoo, and Microsoft Networks (2006-September 26, 2008). Second, we used Medscape to search professional pharmacy and other medical journals, restricting our terms to conscience, Plan B, contraceptives, and abortifacients. Finally, we employed Loislaw, an online legal archiving service, and did a global search on the phrase conscience clause to determine the status of the legal discussion. To date, conflicts in conscientious objection have arisen when a pharmacist believes that dispensing an oral contraceptive violates his or her moral understanding for the promotion of human life. Up to this time, cases in pharmacy have involved only practitioners from orthodox Christian faith communities, primarily devout Roman Catholics. A pharmacist's right to refuse the dispensing of abortifacients for birth control according to moral conscience over against a woman's right to reproductive birth control has created a conflict that has yet to be reconciled by licensing agents, professional standards, or courts of law. Our analysis of prominent conflicts suggests that the underlying worldviews between factions make compromise improbable. Risks and liabilities are dependent upon compliance with evolving state laws, specific disclosure of a pharmacist's moral objections, and professionalism in the handling of volatile situations. Objecting pharmacists and their employers should have clear policies and
Widrig, Daniel; Tag, Brigitte
Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research. After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples. This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions. The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.
The state is on dangerous ground with the development that can be observed in the legal field, allowing legal protection against large-scale technology and projects, particularly in the nuclear sector, to be gradually cut back. This impression is shown to be true first of all in relation to legislation which reduced legal protection through the instrument of judicial review, for protection of life and health from technological hazards, to the functions of a trial court, and this for reasons of opportunistic and short-term political interests. Decisions of the Federal Administrative Court in nuclear law matters have been neglecting the principle of legal protection to an extent that the legitimation quality of decisions in this field of law has been diminishing more than can be expected at first sight, looking at the restrictions. The public has come to realise that the courts content themselves with reviewing only a small part of the case and close their eyes to the concerns of the public, which in turn loses trust in the sincerity of judicial proceedings and the correctness of court decisions. The citizen will turn to other ways and means in order to come into his own. This is a dangerous development in a constitutional state, and must be prevented. (orig./HSCH) [de
Full Text Available This paper’s main purpose is to pay tribute to Dr. Rafael RománSoler Martínez, professor of the Universidad de Oriente, who hadthe merit of being a soldier in the service of the socialist revolutionin Cuba. This testimonial tribute is part of the 65th anniversary ofthe founding of our, institution of higher education, to which hedevoted the last years of his life.
... disruption of the decision-making process, and prevent interference with the Office's administrative... AND PROCEDURES LEGAL PROCESSES Testimony By Employees and Production of Documents in Legal Proceedings... is not a party, by Office employees in their official capacities and the production of Office...
Paul, Simone; Smith, Peter K; Blumberg, Herbert H
In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.
Full Text Available The proliferation of technology emphasized new forms of payment. During the last years, current literature highlighted the role of virtual currency, the channels of payment through digital coins and the importance of assimilation of such platforms. Bitcoin or BTC is known as a digital coin, issued for the first time in 2009 and based on a peer to peer system. The difference from other forms of payment is that BTC is not controlled by any institution or central authority. BTC transactions have grown rapidly, ”asking" for regulation measures or legal approval of governments. Although BTC has become very popular, the market is poor and unfortunately of no confidence. There is a lack of regulation which can determine a number of risks associated with criminal financing activities. However, the legal status of Bitcoin is present in many European countries like Belgium, Bulgaria, Denmark, Finland, Germany, Lithuania, Norway, Poland, Slovenia, Switzerland or Turkey. Also, this type of currency has experienced a rapid evolution among coffee shops and restaurants.
The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.
Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.
Lorang, Melissa R; McNiel, Dale E; Binder, Renée L
Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional. © 2016 American Academy of Psychiatry and the Law.
Steinhauer, Heiko; Holzschuh, Joachim; Böhler, Thomas
Background In Germany, few data are available on medical malpractice claims against pediatricians. On behalf of Statutory Health Insurance Companies their Medical Service (MDK) regularly offers expert testimony in case of allegations during pediatric treatment. Methods Analysis of 374 written pediatric testimonies, documented between September 1st, 2000 and August 31st, 2014. Results 193 allegations against pediatricians were analysed separately for each sector of care (35% concerning outpatients, 28% normal inpatients, and 37% patients treated in an intensive care unit, ICU). Outpatient care led more frequently to malpractice claims regarding diagnosis, most often in the case of dysplasia of the hip (n=6), meningitis (n=5), and pneumonia (n=4). In inpatients, allegations regarding treatment errors were more common and frequently associated with extravasation injury (n=7), as well as periventricular leukomalacia (n=7), sepsis (=6), and intraventricular haemorrhage (n=4) in newborn infants on ICUs. Expert testimony confirmed allegations in 43% of the outpatients, 22% of the normal inpatients and 38% of the ICU patients. Discussion and conclusion The frequency of pediatric malpractice claims seems to depend primarily on the pattern of utilization of pediatric care services. Diagnosis-related constellations leading to malpractice claims in Germany are well-known internationally. Case analysis according to medical care sectors allows comprehensible conclusions for risk management. © Georg Thieme Verlag KG Stuttgart · New York.
Murphy, Johnna S; Lawton, Ellen M; Sandel, Megan
Many of the social determinants of health are rooted in legal problems. Medical-legal partnerships (MLPs) have the potential to positively change clinical systems. This change can be accomplished by integrating legal staff into health care clinics to educate staff and residents on social determinants of health and their legal origins. When the MLP team works directly with patients to identify and address legal needs that improve health outcomes, and incorporate legal insights and solutions into health care practice where the patient population is overwhelmingly impacted by social conditions, outcomes are beneficial to children and families. Copyright © 2015 Elsevier Inc. All rights reserved.
Full Text Available No abstract available. Article truncated after 150 words. A previous Southwest Journal of Pulmonary and Critical Care Journal editorial commented on fiscal mismanagement at the Department of Veterans Affairs (VA Medical Center in Phoenix (1. Now Paula Pedene, the former Phoenix VA public affairs officer, claims she was demoted for testimony she gave to the VA Inspector General’s Office (OIG regarding that investigation (2. In 2011, the OIG investigated the Phoenix VA for excess spending on private care of patients (3. The report blamed systemic failures for controls so weak that $56 million in medical fees were paid during 2010 without adequate review. The report particularly focused on one clinician assigned by the Chief of Staff to review hundreds of requests per week and the intensive care unit physicians for transferring patients to chronic ventilator units (1,3. After the investigation, the director and one of the associate directors left the VA and the chief of staff was promoted …
Full Text Available El propósito de este artículo es repensar la relación entre experiencia y educación, cuando a lo que nos enfrentamos, como lectores, aprendices y educadores, es a una experiencia límite del todo inasimilable al modelo instrumental del lenguaje, que lo define como un mero medio de comunicación entre iguales: el relato testimonial de los supervivientes de los campos, un género literario que constituye el final de la Bildungsroman o novela de formación. Algunas preguntas guían esta tentativa ¿Tiene algún sentido dar a leer e nuestros jóvenes, en el seno del discurso de la sociedad del aprendizaje, donde la crisis de las transmisiones es más que evidente, unos textos que proponen un tipo de transmisión discontinua? ¿Qué tipo de experiencia es la experiencia lectora de esta literatura? ¿Qué experiencia de aprendizaje y transmisión contiene, si goza de alguna?.
Full Text Available This article presented a metaphorical testimonial approach in the interpretation of 2 Timothy 2:19 and the use of sealing. As starting point, attention was given to the concept of ‘seal’ through the Old Testament and Ancient Near East. These periods attest the fact that sealing was also utilised in a figurative way as a sign of ownership, property and authenticity. Sfragís in 2 Timothy 2:19 describes the intimate relationship between Christ and his followers through the terms [foreign font omitted (personal and vital relationship that transcends in practice and [foreign font omitted (mainly an exterior knowledge]. These two vocables are in opposition to [foreign font omitted (to apostate from]. The message expressed in 2:19 exemplifies the principles that Christ lived by and he empowered his followers to stand by. Sfragís in 2 Timothy 2:19 is an imitatio Christi response against the [foreign font omitted] of moral standards and entertainment in the ancient Roman world. It includes a rapid contemporary reflection on practical faithfulness for today’s life.
Full Text Available Resumen Este artículo tiene como objetivo general promover la reflexión interdisciplinaria, considerando aportes del psicoanálisis y de la historia, acerca de la transmisión de la memoria, en sus dimensiones individuales y colectivas, de acontecimientos traumáticos vinculados a la transgresión de los derechos humanos en el contexto de regímenes autoritarios, desde la perspectiva del sujeto del testimonio. El principal supuesto es que el sujeto testimonial configura discursos que articulan tanto dimensiones representables como irrepresentables de la experiencia mediante la palabra. Así, interesa preguntarse por la posibilidad de que el testimonio presente en su propia organización discursiva esta dimensión que se resiste a la articulación narrativa, cuestión que permite considerar la forma y la función que adquiere lo irrepresentable en los procesos de transmisión de la memoria histórica ligada a los traumas colectivos.
Full Text Available The foundation of testimonio in Latin American literary field, initiated at the end of the ‘60, makes part of the institutionalization of the Cuban revolution, process where its projection to the rest of Latin America constitued a central problem. This paper studies political preconditions of testimonio. In particular, it analizes certain aspects of Cuban revolutionary discourse that anticipate features eventually developed by the literary genre, in the ways the relation between literature and politics is represented, and in the subjects of discourse that are proposed as embodiments of such relation. The paper introduces the question of Cuban revolution, as regards the exemplary status it acquired in Latin America during the sixties. Then, it examines the literary positioning represented by testimonio, as the corollary of a reflexive reconsideration operated by some Latin American writers and critics, concerning their historical role. Finally, it considers three representative documents of Cuban revolution and its continental projection: History will absolve me, by Fidel Castro, and Reminiscences of the Cuban revolutionary war and Bolivian diary, by Ernesto Guevara. We show the textual configuration of a revolutionary subject whose legitimity emerges not only from a political experience which testimony enunciates, but also from particular ways of living and representing literature in the context of a revolutionary practice. In the end of the sixties, the continental literary field would reaffirm such features as its discourse legitimating criteria, during the institutionalization of testimonio as its privileged genre.
This report contains the basis for oral testimony to the House Committee on Science and Technology's Subcommittee on Environment and the Atmosphere in November 1975. The subject of the hearings was ''Effects and Costs of Long-term Exposure to Low Levels of Manmade Pollutants'' and the purpose of the hearings was to increase the awareness of low-level pollution and its impacts on human health, agriculture and climate. This report contains information related to impacts of low-level pollutants on human health. I have attempted to point out the major adverse health effects (e.g., carcinogenic, mutagenic and teratogenic) that may result from chronic exposure to low-level pollutants. Also addressed are important questions such as what do we know about dose-response relations for chronic exposure to pollutants and how can we establish comparisons with knowledge obtained from exposure to ionizing radiations. The report also considers the wisdom of extrapolating from health effects data obtained from acute, high-level exposures to chronic, low-level exposure conditions. Lastly, a few examples of the societal costs related to low-level pollutant exposure are presented
Full Text Available This essay explores Antonio Gamoneda’s poetry as an Adornian form of testimony. With its enigmatic foregrounding of lies, the book-length poem Descripción de la mentira ‘Description of the Lie’ can be read as a “contradictory testimony” in which the act and memory of witnessing go, as it were, underground—only to resurface, rife with loss, years after Spain’s transition from dictatorship to democracy. Yet the abstruse character of this poetic writing prevents readers from drawing straightforward political truths about Spanish history from the poem. Losses are inscribed in the text catachrestically, as they truly are: losses. Gamoneda’s poetry has been read amid changing representations of Spain’s recent past, and thus contrastingly seen as an “undecipherable symbolic code” and as “realm of memory.” This reading, which draws on Holocaust studies, allows for a redefinition of the fraught place of modern poetry in the field of Hispanic cultural studies. Examining Descripción de la mentira within the context of the debate about historical memory in Spain sheds light on the theoretical difficulties that dominant aesthetic tendencies encounter in the study of how Spanish poets of recent decades try to establish a dialogue with the reader regarding society, memory, and reality.
Full Text Available http://dx.doi.org/10.5007/2175-7917.2014v19n2p61 This article focuses on the biography of Rudolf Brazda, written by Jean-Luc Schwab. This biography narrates the life and, especially, the deportation of Rudolf Bradzda to the concentration camp of Buchenwald, due to his homosexuality. Brazda was the last pink triangle, title given to homosexuals who were deported to Nazi concentration camps, and one of the few who managed to leave his testimony recorded, even though the writing of another. Thus, I seek in theoretical reflections on history, memory and modernity, a way to point out that narratives such as Brazda’s are delayed or difficult to enter in the collective memory and, therefore, narrate them is configured as struggles against oblivion, silencing and it is a reconstitution of the limits of the historical narrative. Through this text, I propose that history is not made of lines but of wrinkles, the temporality must constantly be revised and that the objective image of collective experience that sustained modernity must be shaken and other genealogies of human experience must be build.
Sparr, Landy F; Bremner, J Douglas
The nature of remembrance of traumatic events has been particularly controversial during the past decade as vigorous new research has reshaped thinking about trauma and memory. Memory alterations in traumatized individuals have been investigated within both theoretical and biological frameworks. There are different types of memory, and empirical studies have associated post-traumatic stress disorder (PTSD) with a simultaneous weakening and a strengthening of memory. Memory deficiencies in PTSD have been found to be related to problems in new learning (explicit memory), but other specific deficiencies are unvalidated. Recently, accuracy of memory has received particular scrutiny because considerable importance is attached to victims' recollections. In 1998, at the International War Crimes Tribunal in The Hague, The Netherlands, a Bosnian-Croatian soldier was tried for aiding and abetting the rape of a Muslim woman. The defendant's lawyers suggested that the woman's memory was inaccurate, having been adversely affected by her traumatic experiences, and that the defendant whom she identified was not present during her interrogation and abuse. The prosecution disagreed and argued that memories of traumatic experiences in individuals with PTSD are characteristically hyperaccessible. Expert witnesses on both sides were brought in to provide medicolegal testimony about the scientific parameters of stress and its long-term effects on brain regions associated with memory. With the expert witness discussion as background, this article reviews the most recent research about the nature of memory in the aftermath of trauma and the politics of psychological trauma and the law.
Full Text Available The allegation by a child victim of sexual abuse is, in many cases, the most important evidence of wrongdoing, especially in absence of medical or physical evidence or confessions of guilt. The Rorschach inkblot test is a projective personality assessment technique used to evaluate child witnesses. We report a case of three girls allegedly abused by the father, in which the psychometric evaluation with the Rorschach test did not give credibility to the testimony of the children. When interrogating a minor, it is very difficult to distinguish between a true and a lie. Indeed, many different elements can affect the dialogue, such as the child’s age, the events being discussed, interrogation environment, factors linked to the interviewer, etc. Therefore, it is possible errors of evaluation, misunderstandings or confusion happen frequently. The aim of this case report is to highlight that employment of methodologies and criteria recognised by the scientific community could simplify the acquisition and assessment of information from a minor.
Noel Christian A. Moratilla
Full Text Available As a genre, testimonios or testimonial narratives are not just transgressive of canonical literary aesthetics; they also serve as a tool for otherwise marginalized groups to expose, denounce, and negotiate their experiences of abjection and subordination. These narratives may constitute a counter-hegemonic project, if not an oppositional response, at least, to structures and relations sustained (often brutally by the apparati of state and capital. In this exploratory paper, I read the letters of abused workers as counternarratives that rub against mainstream discourse. In particular, I am using as primary materials the letters written by the Filipino workers of a foreign company which has been recognized and endorsed by state officials for its “contribution” to investment and job generation. Occluded, however, are the stories of abuse, exploitation, and repression among the workers, some of whom have met violent deaths in the workplace. These “littlestories” become counternarratives vis-à-vis the positive, celebratory depiction of the company in official discourse, which bleaches the company of allegations concerning its anti-labor practices. The discussion revolves around how the letters as testimonios and as counternarratives exemplifydiscourses of resistance and solidarity, foregrounding the workers’ denunciation of the abuses committed by and within the company, while also highlighting the workers’ collective responses to these abuses.
Full Text Available This study examines the concept of corporate governance in shareholding companies and the legal perspective in comparison with the position of Shari’ah. The purpose of governance is to instil confidence among the stakeholders that the Boards of Directors are applying a diligent legal and administrative framework, to avoid potential administrative and financial failures and corruption. The study has proceeded by defining the concept of governance from linguistics, accounting, administrative, and legal perspectives. The study also discusses the stands of international organisations on the issue of corporate governance. Then, it is proceeded by discussing the concept of corporate governance from Shari’ah point of view. The study found that even with the absence of the term “company governance” in Islamic Law, the concept of corporate governance is in line with the Shari’ah and that their scholars have clearly referred to it in their literature. The study has used the descriptive, analytical, inductive and comparative methodology in analyzing the subject matter.
The proceedings of a conference on the development of geothermal energy resources are presented. The purpose of the conference was to acquaint potential user groups with the Federal and National Science Foundation geothermal programs and the method by which the users and other interested members can participate in the program. Among the subjects discussed are: (1) resources exploration and assessment, (2) environmental, legal, and institutional research, (3) resource utilization projects, and (4) advanced research and technology.
Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.
Lyudmila V. Butko
Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.
Full Text Available The bankruptcy procedure is essentially a legal procedure which is governed by bankruptcy law, but there is interweaving of economics and rights because over the company, which is an economic entity is conducted legal proceedings. Interdisciplinary is reflected in the fact that under the authority of the law and the authority of the bodies which the law sets as carriers of the proceedings, bankruptcy judges, Trustees, I dismissed the economic problems of enterprises or dismissed major issues that could not initially be neat and loose during the normal operation of enterprises. Fans in terms of bankruptcy are based on the dating of the economic environment, most frequently as a result of a decision of the management.
Seo-Young Cho; Axel Dreher; Eric Neumayer
This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...
This paper investigates whether inherited legacies such as legal origin allow of explaining deforestation in 110 developed and developing countries. The hypothesis is that differences in deforestation between countries can be attributed to their legal systems. Also, since nearly all common law countries are former English colonies, and nearly all civil law countries were colonized by France, Spain or Portugal, legal origin and colonial history are strongly correlated, so that one can not attr...
The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.
Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi
The legal origin literature documents that civil and common law traditions have different impact on rules and economic outcomes. We contribute to this literature by investigating the relationship between corporate social responsibility and legal origins. Consistently with the main differences in historical and legal backgrounds and net of industry specific effects, the common law origin has a significant and positive impact on the Corporate Governance and Community Involvement domains, while ...