WorldWideScience

Sample records for legal services judge

  1. EPA Administrative Law Judge Legal Documents

    Data.gov (United States)

    U.S. Environmental Protection Agency — This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the...

  2. Guide to legal services

    International Nuclear Information System (INIS)

    Anon.

    1992-01-01

    This is a directory of law firms that provide services to the independent energy industry. The directory lists the firm's name, address, telephone and FAX numbers, and the name of a contact person. Included is a description of the specialties or services offered by the firm in the area of independent energy projects; some of these include regulatory, tax, fuel supply, operations and maintenance, environmental, real estate, government contracts and bankruptcy

  3. Judge upholds Maine's denial of service to patient with AIDS.

    Science.gov (United States)

    1995-09-22

    A U.S. District Judge has upheld the Maine Medicaid program's refusal to supply liquid dietary supplements to patients with AIDS-related malnutrition. When the State refused to pay for over-the-counter supplements, [name removed], an AIDS patient, initiated a class-action suit charging that those suffering with clinically documented malnutrition should not be denied a government service. The judge found that required services do not include outpatient prescription drugs nor over-the-counter drugs, such as nutrition supplements. In response to the claimant's argument that Maine's Medicaid program provided supplements to those with end-stage renal disease, the judge reluctantly ruled that the Equal Protection Clause of the 14th Amendment does not forbid a state from choosing one disease at the expense of others.

  4. THE JUDGE'S PROBATIVE INITIATIVE: CONTRASTS AND LIMITATIONS FROM THE LEGAL-CONSTITUTIONAL PARADIGM OF LAWFUL DEMOCRATIC STATE

    Directory of Open Access Journals (Sweden)

    Igor Alves Noberto Soares

    2016-12-01

    Full Text Available This article will reflect on the production of proof by the judge, in the context of Criminal Procedure, according to the rules presents in the brazilian legal system. Therefore, the critcial incursions will take into account the technical constructions expressed from the legal and constitutional paradigm of Lawful Democratic State, in order to counter the currently permissive system that confers, to judging agent, the probative initiative.

  5. Relationship Marketing in Legal Services Marketing Strategy

    OpenAIRE

    Audronė Androšiūnaitė; Borisas Melnikas

    2013-01-01

    The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current c...

  6. Marketing legal services on the Internet

    Directory of Open Access Journals (Sweden)

    Alicja Mikołajczyk

    2014-09-01

    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.

  7. Relationship Marketing in Legal Services Marketing Strategy

    Directory of Open Access Journals (Sweden)

    Audronė Androšiūnaitė

    2013-04-01

    Full Text Available The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current clients and competitors, also – singularity of the professional services.Article in Lithuanian

  8. The Assignment of Judging in the New Code of Civil Procedure: The Interactions Between the Legal Formalism and Democratic Formalism

    Directory of Open Access Journals (Sweden)

    Alan Da Silva Esteves Da Silva Esteves

    2016-10-01

    Full Text Available The assignment of judging in the new Code of Civil Procedure starts with the interactions between classical formalism and democratic formalism. The theories of constitutional hermeneutics, of civil adjectival law and of traditional Positivism are used in order to reaffirm the requirement of motivating the judgment in the higher degree of quality. It is necessary to understand the changes of the standards on the legal interpretation and the act of judging. The concept of jurisdiction in the Constitutional State connects to the constitutional principles of justice and fundamental rights, and approach the formal aspects of materials.

  9. 5 CFR 582.202 - Service of legal process.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A person using this part shall serve interrogatories and legal process on the agent to receive process as...

  10. Sensitive Judges – How to Resolve the Tangle of Legal Decision-Making and Emotion?

    NARCIS (Netherlands)

    Hamer, Jurriën

    2012-01-01

    According to traditional legal thought, emotions should have no influence on legal decision-making. The general assumption is that emotions interfere with clear rational thinking, and cause decisions to be biased and imbalanced. However, in modern philosophical thought, a different thesis has been

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

    NARCIS (Netherlands)

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

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

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

    NARCIS (Netherlands)

    Van Hees, Martin; Steunenberg, Bernard

    2000-01-01

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

  13. 29 CFR 102.45 - Administrative law judge's decision; contents; service; transfer of case to the Board; contents...

    Science.gov (United States)

    2010-07-01

    ... and Transfer of Case to the Board § 102.45 Administrative law judge's decision; contents; service... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...

  14. 29 CFR 102.153 - Administrative law judge's decision; contents; service; transfer of case to the Board; contents...

    Science.gov (United States)

    2010-07-01

    ... Expenses § 102.153 Administrative law judge's decision; contents; service; transfer of case to the Board... administrative law judge's decision and of the order transferring the case to the Board shall be complete upon... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision; contents; service...

  15. Civil Legal Services and Medical-Legal Partnerships Needed by the Homeless Population: A National Survey.

    Science.gov (United States)

    Tsai, Jack; Jenkins, Darlene; Lawton, Ellen

    2017-03-01

    To examine civil legal needs among people experiencing homelessness and the extent to which medical-legal partnerships exist in homeless service sites, which promote the integration of civil legal aid professionals into health care settings. We surveyed a national sample of 48 homeless service sites across 26 states in November 2015. The survey asked about needs, attitudes, and practices related to civil legal issues, including medical-legal partnerships. More than 90% of the homeless service sites reported that their patients experienced at least 1 civil legal issue, particularly around housing, employment, health insurance, and disability benefits. However, only half of all sites reported screening patients for civil legal issues, and only 10% had a medical-legal partnership. The large majority of sites reported interest in receiving training on screening for civil legal issues and developing medical-legal partnerships. There is great need and potential to deploy civil legal services in health settings to serve unstably housed populations. Training homeless service providers how to screen for civil legal issues and how to develop medical-legal partnerships would better equip them to provide comprehensive care.

  16. Corporate customers’ needs and expectations for legal services

    OpenAIRE

    Lappi, Arttu

    2015-01-01

    There is a strong need for companies that provide legal services to corporate clients to better understand the future business models in order to customize their service offering, marketing and strategies. This study examines the needs and the expectations of potential corporate customers for legal services. The research was conducted in order to collect legal services business specific information on consumer behavior and to confirm known and reveal prospective unknown patterns for purch...

  17. Abortion before the judge] Moves to bring a social conflict within a legal framework in FRG.

    Science.gov (United States)

    Heinrichs, J

    1989-01-01

    In 1976 there was a complete overhaul and significant liberalization of the criminal code statutes governing termination of pregnancy in the Federal Republic of Germany. Yet in 1989 there was still a demand for restricting the criminal law, whereas others were calling for total elimination of criminal law restrictions on termination of pregnancy (Section 218 of the Criminal Code). Following investigations by the public prosecutors in Celle, Nuremberg, and Koblenz, a major criminal case was generating a great deal of interest in Memmingen, a town in Bavaria. In that case, gynecologist Dr. Horst Theissen stood accused of carrying out 156 illegal abortions. This was revealed during a tax investigation; however, the revenue officials simply disregarded the legal principle of medical confidentiality and passed the doctor's files to the public prosecutor's office. In consequence, hundreds of women and their relatives were served summonses and the doctor himself was put in trial. The charge against him was that the mandatory consultations prior to termination of pregnancy had not been carried out in compliance with the law. However, the main reason for taking action was the assumption that no emergency had existed. The Bavarian Christian Democrats resolved to investigate the possibility of appealing to the Federal Constitutional Court to examine the degree to which Sections 218b and 219 of the Criminal Code might be in conflict with the basic principles of the Constitution. Jurists from the same political camp were demanding a new criminal provision to block the availability of RU-486. The Association of Gynecologists opposed the notion of medical findings being subjected to review by lawyers; it considered this to be a breach of the confidentiality of the doctor/patient relationship. In extensive press campaigns concerned women, men, and physicians acknowledged their involvement in abortions and demanded an end to criminalization.

  18. Lawyers and legal services in NW England

    OpenAIRE

    Sugarman, David

    2008-01-01

    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.

  19. Legal services in North West England: the changing landscape

    OpenAIRE

    Sugarman, David

    2008-01-01

    An overview of the legal services revolution in the North West of England. Originally presented as a paper at a conference on Legal services in North West England: the changing landscape" hosted by Lancaster University's Centre for Law and Society on September 27, 2007. 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 Societ...

  20. 78 FR 57619 - Legal Services Trade Mission to China

    Science.gov (United States)

    2013-09-19

    ... DEPARTMENT OF COMMERCE International Trade Administration Legal Services Trade Mission to China AGENCY: International Trade Administration, Department of Commerce. ACTION: Notice. SUMMARY: The United... amending the Notice published at 78 FR 20893, April 8, 2013, regarding the Executive-Led Legal Services...

  1. 31 CFR 538.406 - Exportation of services; performance of service contracts; legal services.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Exportation of services; performance of service contracts; legal services. 538.406 Section 538.406 Money and Finance: Treasury Regulations... SUDANESE SANCTIONS REGULATIONS Interpretations § 538.406 Exportation of services; performance of service...

  2. The Bet Tzedek legal services model: how a legal services model addresses elder abuse and neglect.

    Science.gov (United States)

    Morris, Janet R

    2010-07-01

    Bet Tzedek, Hebrew for the "House of Justice," provides free legal assistance to older adults in Los Angeles County. Their civil attorneys work alongside prosecutors and service providers for the elderly as members of multidisciplinary teams to assist older adults with complicated elder abuse and neglect cases. Case examples demonstrate how civil attorneys collaborate with the Los Angeles County Elder Abuse Forensic Center to address financial abuse, real estate fraud, and self-neglect issues. Cooperation among the courts, Bet Tzedek, and other county agencies has resulted in more user-friendly processes to expedite filing of conservatorships and elder abuse restraining orders.

  3. Perspectives in Legal English in-Service Education: Needs Analysis in Lithuanian Context

    Directory of Open Access Journals (Sweden)

    Bartnikaitė Edita

    2017-03-01

    Full Text Available Legal English, being among the most complex and multifaceted areas of English for Specific Purposes (ESP, has duly received considerable attention on the part of linguists, discourse and learner needs′ analysts, sociolinguists and ESP researchers (Cheng and Cheng, 2014; Hafner, 2013; Hartig and Lu, 2014; Huhta et al, 2013; Shuy 2001. Most research has been carried out to investigate lexical, syntactic, grammatical and other communicative competences of law students in various cycles of higher education. An area that is still highly in need of examination is the development of communicative competences of Legal English among law practitioners who might have had a course of Legal English in their law studies and face with an urge of revision or might have not been introduced to Legal English whatsoever. In light of these observations, the present study examines the needs and problems regarding the use of general and legal English faced by 34 law practitioners, namely lawyers and judges working at two law companies and a district court in Kaunas, Lithuania. The study assumes qualitative methodology including a semi-structured interview and a questionnaire. The results have revealed that communicative competence of legal practitioners gained during their formal education does not meet the demands of their legal practice. While skills of general English appear not to cause many problems, skills of legal English are not developed to an adequate level. Therefore, as the study shows, it is absolutely inevitable to develop and offer in-service education of Legal English carefully attuned to the diverse levels of competences and needs of legal practitioners.

  4. 5 CFR 2430.12 - Administrative Law Judge's decision; contents; service; transfer of case to the Authority...

    Science.gov (United States)

    2010-01-01

    ... Administrative Law Judge's decision and of the order transferring the case to the Board shall be complete upon... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge's decision; contents; service; transfer of case to the Authority; contents of record in case. 2430.12 Section 2430.12...

  5. At the Crossroads of National and European Union Law. Experiences of National Judges in a Multi-level Legal Order

    NARCIS (Netherlands)

    U. Jaremba (Urszula)

    2013-01-01

    markdownabstract__Abstract__ The notion and theory of legal pluralism have been witnessing an increasing interest on part of scholars. The theory that originates from the legal anthropological studies and is one of the major topical streams in the realm of socio-legal studies slowly but

  6. 31 CFR 545.406 - Exportation of services; performance of service contracts; legal services.

    Science.gov (United States)

    2010-07-01

    ... of service contracts; legal services. 545.406 Section 545.406 Money and Finance: Treasury Regulations... TALIBAN (AFGHANISTAN) SANCTIONS REGULATIONS Interpretations § 545.406 Exportation of services; performance... received in the territory of Afghanistan controlled by the Taliban. Note to § 545.406. See § 545.513 with...

  7. A Legal Institutional Perspective on the European External Action Service

    DEFF Research Database (Denmark)

    Van Vooren, Bart

    2011-01-01

    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...

  8. Legal abortion services in Brazil--a national study.

    Science.gov (United States)

    Madeiro, Alberto Pereira; Diniz, Debora

    2016-02-01

    This article presents the results of a mixed methods study of 68 legal abortion services in Brazil. The services were analyzed in two stages. The first stage was a census, in which all the institutions were sent an electronic questionnaire about the organization of the legal abortion services. The second stage was conducted in a sample of 5 reference services, one for each region of the country. In this stage, a form was used to collect data about the women and the abortions in the medical records, and 82 interviews with health professionals were conducted. Thirty-seven of the services informed they performed legal abortions, and the services were inactive in 7 states. Police reports, forensic reports, and court orders were required by 14%, 8% and 8% of the services, respectively. Women who underwent abortions were predominantly aged 15-29, single and Catholic. Most abortions were performed until 14 weeks in the case of rape-related pregnancy, by means of manual vacuum aspiration. According to the health professionals, the main difficulties faced in the services are the low availability of physicians to perform abortions and the insufficient training of the staff. The data reveal a discrepancy between the legal provision and the reality of the services. The implementation of more services and the strengthening of the existing services available are necessary.

  9. A Qualitative Evaluation of Medico-Legal Services in Gauteng ...

    African Journals Online (AJOL)

    It is anticipated that the evaluation will serve to inform the development of quality services based on the principles of best practice, as well as the development of standardised evaluation tools to assess the quality of care provided to rape survivors at medico-legal clinics. African Safety Promotion Vol.1(1) 2002: 24-36.

  10. A Legal Institutional Perspective on the European External Action Service

    DEFF Research Database (Denmark)

    Van Vooren, Bart

    2011-01-01

    , their support services and EU agencies, and seeks to define the EEAS’ sui generis status in the EU institutional set-up: What are the implications of its absence of legal personality, what does its ‘functional autonomy’ from the Council and Commission imply, what are its formal powers – if any, and could...

  11. Recent Developments in the Provision of Pro Bono Legal Services ...

    African Journals Online (AJOL)

    This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which ...

  12. Legal and Ethical Issues in Evaluating Abortion Services.

    Science.gov (United States)

    Ferris, Lori E.

    2000-01-01

    Focuses on ethical and legal issues that arose in the evaluation of abortion services. Discusses the development of decision rules and tradeoffs in dealing with these issues to reach rational and objective decisions. Places the discussion in the context of balancing usefulness and propriety with respect to informed consent and privacy and makes…

  13. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  14. 8 CFR 337.2 - Oath administered by the Immigration and Naturalization Service or an Immigration Judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Oath administered by the Immigration and Naturalization Service or an Immigration Judge. 337.2 Section 337.2 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY NATIONALITY REGULATIONS OATH OF ALLEGIANCE § 337.2 Oath administered by the Immigration and...

  15. 8 CFR 1337.2 - Oath administered by the Immigration and Naturalization Service or an Immigration Judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Oath administered by the Immigration and Naturalization Service or an Immigration Judge. 1337.2 Section 1337.2 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE NATIONALITY REGULATIONS OATH OF ALLEGIANCE § 1337.2 Oath...

  16. Characteristics of private abortion services in Mexico City after legalization.

    Science.gov (United States)

    Schiavon, Raffaela; Collado, Maria Elena; Troncoso, Erika; Soto Sánchez, José Ezequiel; Zorrilla, Gabriela Otero; Palermo, Tia

    2010-11-01

    In 2007, first trimester abortion was legalized in Mexico City, and the public sector rapidly expanded its abortion services. In 2008, to obtain information on the effect of the law on private sector abortion services, we interviewed 135 physicians working in private clinics, located through an exhaustive search. A large majority of the clinics offered a range of reproductive health services, including abortions. Over 70% still used dilatation and curettage (D&C); less than a third offered vacuum aspiration or medical abortion. The average number of abortions per facility was only three per month; few reported more than 10 abortions monthly. More than 90% said they had been offering abortion services for less than 20 months. Many women are still accessing abortion services privately, despite the availability of free or low-cost services at public facilities. However, the continuing use of D&C, high fees (mean of $157-505), poor pain management practices, unnecessary use of ultrasound, general anaesthesia and overnight stays, indicate that private sector abortion services are expensive and far from optimal. Now that abortions are legal, these results highlight the need for private abortion providers to be trained in recommended abortion methods and quality of private abortion care improved. Copyright © 2010 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  17. Nearshore Service Transfers in the EU: Legal and Economic Issues

    Directory of Open Access Journals (Sweden)

    Damian Kedziora

    2017-06-01

    Full Text Available In the second decade of the XXI century, the rapid growth of service offshoring industry can be observed in Poland and other countries of Central and Eastern Europe (CEE. Such international corporate transformations wield significant influence on economies and societies of the states involved. The legal issues regulating international services migrations are among the most demanding managerial challenges at the pre-transition phase (i.e. before the commencement of a transition project which is supposed to successfully relocate processes from one country to another, and are directly linked to the sociological and economic aspects of the multidimensional changes in transnational business environments. The paper presents the review of selected legal issues regulating international process transfers within the European Union (EU, in the light of the economic and social conditions that are important for the offshoring industry’s managerial community at the pre-transition phase.

  18. The Challenge of Designing Optimum Legal Services for Disabled People: The New Zealand Experience

    Science.gov (United States)

    Diesfeld, K.; McLean, M.; Phelan, T.; Patston, P.; Miller-Burgering, W.; Vickery, R.

    2008-01-01

    In 2005 New Zealand signalled its intention to reform legal services by contracting research on disabled people's priorities in Auckland. The Legal Services Agency reported that because many disabled people do not have access to necessary legal services in New Zealand their priorities should be identified. This article suggests that the social…

  19. Psychiatric social workers in legal aid services in hospitals: Exploring roles in Indian context

    Directory of Open Access Journals (Sweden)

    Priya Treesa Thomas

    2017-01-01

    Full Text Available Mental health and legal problems are interlinked in many ways. People facing legal issues may develop mental health problems, and people with mental illness and family also face legal issues. In India, Legal Services Authorities Act, 1987 gives provision for free legal aid services for the poor sections of society. Authors explain the roles of psychiatric social workers in legal aid services in hospitals. Social case work as a method of social work is suitable in legal aid services. Counseling, referrals, collateral contacts, advocacy and networking are major services from the social work perspective. Knowledge about laws and mental illness is essential for social workers to work in legal aid clinics (LACs.

  20. Exploring the secret history of the legal service of the European Executives, 1952-1967

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958......-1967) is still fairly limited. Historical literature on the history of the European executives has largely ignored the legal aspects of the European administration and the nature of the legal service. This paper, which is based on until now unused primary sources from the Commission archive as well as several...

  1. The systemic integration of international law by domestic courts: domestic judges as architects of the consistency of the international legal order

    NARCIS (Netherlands)

    d' Aspremont, J.; Fauchald, O.K.; Nollkaemper, A.

    2012-01-01

    The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which international

  2. Exploring the secret history of the legal service of the European Executives, 1952-1967

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    of Justice adopted in the famous cases Van Gend en Loos (1963) and Costa V. ENEL (1964). These two cases, which introduced respectively direct effect and supremacy of European law inside the national legal order, would over time develop into the central pillars in what is now most often characterised...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958...... key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...

  3. Medico-legal documentation South African Police Services forms

    African Journals Online (AJOL)

    This is Part 1 of a three-part series on medico-legal documentation. The aim of Part I is to equip medical practitioners with the knowledge and skills necessary for the completion of the appropriate medico-legal report, form J88, a legal document, which addresses the factual findings of the medical assessment and the ...

  4. 45 CFR Appendix A to Part 1611 - Legal Services Corporation 2010 Poverty Guidelines *

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Legal Services Corporation 2010 Poverty Guidelines... Corporation 2010 Poverty Guidelines * Legal Services Corporation 2010 Income Guidelines * Size of household 48...: 4,675 5,850 5,375 * The figures in this table represent 125% of the poverty guidelines by household...

  5. Part 1: Medico-legal documentation South African Police Services ...

    African Journals Online (AJOL)

    Valid medico-legal consent differs from medical consent. Knowledge of legislation pertaining to child pornography and the practical and ethical aspects of photography is also necessary. Inappropriate completion of medico-legal documentation may necessitate the practitioner having to explain the documentation to make it ...

  6. Economical judge possibility uses solar collectors to warm service water and heating

    Directory of Open Access Journals (Sweden)

    Lívia Bodonská

    2006-09-01

    Full Text Available The sun-heated water has been used from before fossil fuels started to determine the direction of our power consumption. This article is focused on the assessing of the use of solar energy as one of inexhaustible resources that has multiple uses, including hot water service systems. Heating is rendered through solar collectors that permit to transform solar energy to warm water. We divide solar collectors into various groups but in principle they are medium temperature collectors and low temperature collectors. The work is directed also on the solar collector market. In our case the market is just at its initial stage as this technology is little known and costs of collectors are rather high, compared to our conditions, on average, they may grow up to 100,000 Slovac crowns per a family house. Because it is the only investment and the costs of operation are minimum throughout the entire collectors lifetime, from the economic point of view, it is a rather advantageous investment. Solar collectors are used in heating and also in hot service water systems in family houses, where they permit to lower costs for the consumption of many kinds of energies. In the hot service water system, solar collectors permit to lower the consumption by almost 70 %. This way of using the solar energy is very prospective and in future it will be used in various sectors

  7. Service level agreements a legal and practical guide

    CERN Document Server

    Desai, Jimmy

    2010-01-01

    By reading this a short, legal and practical guide to SLAs, you should be able to quickly come up to speed with some of the legal and practical issues that might arise. Negotiating the SLA and putting the SLA into action are also discussed in the pocket guide. Whilst short and easy to digest, case references and weblinks have been provided in the text so readers can find out more information about SLAs.  

  8. Accessibility of occupational therapy community services: a legal, ethical, and clinical analysis.

    Science.gov (United States)

    Carrier, Annie; Levasseur, Mélanie; Mullins, Gary

    2010-10-01

    ABSTRACT Accessibility of health care services is a major concern in many countries. This paper examines the impact of limited access to occupational therapy community services on the right to services, distributive justice (resource distribution based on social solidarity), and service quality. Legal documents and relevant scientific papers were analyzed from three standpoints: legal, ethical, and clinical. Random use of criteria to prioritize requests, partial response to complex needs, task delegation, and long waiting times, all affect distributive justice and compromise the right to and quality of services. Various alternatives are suggested to ensure a balance between the distribution and quality of occupational therapy services.

  9. 75 FR 62921 - Senior Executive Service; Legal Division Performance Review Board

    Science.gov (United States)

    2010-10-13

    ... DEPARTMENT OF THE TREASURY Senior Executive Service; Legal Division Performance Review Board AGENCY: Department of the Treasury. ACTION: Notice of members of the Legal Division Performance Review Board (PRB). SUMMARY: Pursuant to 5 U.S.C. 4314(c)(4), this notice announces the appointment of members...

  10. 20 CFR 638.534 - Legal services to students.

    Science.gov (United States)

    2010-04-01

    ... paid by Job Corps except in accordance with paragraph (b) of this section), in accordance with guidelines issued by the Job Corps Director. (b) Job Corps shall not pay the expenses of legal counsel or... 638.534 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR JOB CORPS...

  11. 31 CFR 560.525 - Exportation of certain legal services.

    Science.gov (United States)

    2010-07-01

    ... 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...

  12. Financial and Legal Characteristics of Cross-Jurisdictional Shared Service Agreements Between Local Public Health Agencies.

    Science.gov (United States)

    Watts, Theresa; Zahner, Susan; Mrochek, Tracy

    Cross-jurisdictional sharing is a resource management strategy increasingly being used by local health departments to provide essential and mandated public health services. Cross-jurisdictional shared service agreements (CJSSAs) are the legal documents that govern cross-jurisdictional sharing arrangements. Information on the financial and legal characteristics of CJSSAs is limited. This study described the financial and legal elements of a set of formal, written CJSSAs in one state to offer guidance to practitioners on how to structure the financial and legal elements in CJSSAs. CJSSAs, which included a written statement about the financial commitment governed by the agreement (n = 63), were analyzed. Data collection occurred through 2 structured data extraction tools and structured telephone interviews conducted with local and tribal health department directors. Descriptive statistics of all variables and a single predictor linear regression were performed. The higher population partner to the CJSSA more often provided the public health service and received payment (n = 41; 65%). Financial statements were found to vary by CJSSA characteristic. CJSSAs were more likely to be legally complete when a legal counsel was involved in creating them (odds ratio = 2.74; 95% confidence interval, 2.19-3.29; P ≤ .001). Yet, only 2 (3%) of the CJSSAs described all the legal elements and were considered legally complete. Clearly identifying and including necessary fiscal and legal elements when creating and managing CJSSAs may strengthen agreements and reduce local health department legal and fiscal vulnerabilities. Local health department capacity for planning, coordination, budgeting, management, and evaluation is essential when creating CJSSA. Careful consideration of cost-sharing and consulting with legal counsel could strengthen the CJSSA.

  13. Utilization of legal and financial services of partners in dementia care study.

    Science.gov (United States)

    Shrestha, Srijana; Judge, Katherine S; Wilson, Nancy L; Moye, Jennifer A; Snow, A Lynn; Kunik, Mark E

    2011-03-01

    Financial and legal services are unique needs of persons with dementia and their caregivers. This study examines their need for legal and financial assistance and the kinds of legal and financial services provided within Partners in Dementia Care, a telephone-based, care coordination and support service intervention delivered through a partnership between Veterans Affairs (VA) medical centers and local Alzheimer's Association chapters. Based on comprehensive assessment, and needs prioritization, care coordinators collaboratively planned action steps (specific behavioral tasks) with each caregiver/person with dementia to address the dyad's identified unmet needs. Results show that 51 (54.8%) of 93 dyads reported a need for legal and financial services. Action steps related to legal and financial need included education or assistance with legal services (27.27%), nonhealth-related financial benefits (32.32%), health-related financial benefits (21.21%), financial management/planning (9.09%), and financial support (10.1%). Comparable numbers of action steps were directed to VA (41.4%) and non-VA (58.6%) services.

  14. 31 CFR 585.416 - Exportation of services; performance of service contracts; legal services.

    Science.gov (United States)

    2010-07-01

    ... of the FRY (S&M), or where the benefit of such services is otherwise received in the FRY (S&M). The benefit of services performed anywhere in the world on behalf of the Government of the FRY (S&M... the FRY (S&M), is presumed to be received in the FRY (S&M). (b) The prohibitions contained in §§ 585...

  15. In the CJEU Judges Trust

    DEFF Research Database (Denmark)

    Mayoral, Juan A.

    2016-01-01

    This article aims to highlight the relevance of judicial trust in international courts, focusing on national judges' trust in the Court of Justice of the European Union (CJEU). EU scholars have put a great deal of effort into explaining how legal and political factors affect the use of preliminary...

  16. 2009 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2009 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  17. 2010 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2010 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  18. The Judge on Facebook

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2015-07-01

    Full Text Available In many social realms, social media are employed by institutions to establish direct relations between ‘key agents’ and their clients or customers. In this article I explain why as yet the civil law judge cannot be expected to start using social networking sites to advance the transparency of the judicial decision-making process in a relatively open, form-free interaction with his or her ‘clients’. This explanation is grounded on the hybrid character of social networking sites. On the one hand, these sites are direct, interactive, informal, and personalized media; but on the other, they are public and basically permanent. Their direct, interactive, informal and personalized character is highly compatible with the multimodal, network-embedded, form-free self-representation of the modern judge in the courtroom. However, their public and permanent character manifests in the second performance of a judge, being held publicly and permanently accountable for what is decided. This performance is characterized by a unimodal, ‘punctualized’, formal self-representation. Referring to the work of legal sociologists as well as discourse scholars, it is underlined how much this public judicial self-representation is part of a persistent ritual that renders it incompatible with direct, interactive, informal and personalized communication. The hybrid character of social media does not allow judges to utilize them to act as key-agents: to open up the ‘backstage area’ to reveal the actual dynamics of the decision-making process, and to transparently connect the judicial performance in the courtroom session with the second performance when issuing a decision.

  19. 31 CFR 598.507 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 598.507 Section 598.507 Money and Finance: Treasury Regulations Relating to Money and Finance... case-by-case basis authorizing receipt from unblocked sources of payment of professional fees and...

  20. Compliance With Legal Age Restrictions on Adolescent Alcohol Sales for Alcohol Home Delivery Services (AHDS)

    NARCIS (Netherlands)

    van Hoof, Joris Jasper; van den Wildenberg, Esther; de Bruijn, Dorien

    2014-01-01

    Purpose: Alcohol availability is an important predictor of alcohol use in adolescents and its negative consequences. Within this study, we zoomed in on availability through alcohol home delivery services (AHDS) by measuring compliance with the legal age limit in this sector. Methods: Two methods

  1. 76 FR 60128 - Senior Executive Service; Legal Division Performance Review Board

    Science.gov (United States)

    2011-09-28

    .... Marquette, Chief Counsel, Financial Management Service; Christopher J. Meade, Principal Deputy General... of the Legal Division PRB. The purpose of this Board is to review and make recommendations concerning... INFORMATION CONTACT: Office of the General Counsel, Department of the Treasury, 1500 Pennsylvania Avenue, NW...

  2. TOWARDS THE LEGAL RECOGNITION AND GOVERNANCE OF FOREST ECOSYSTEM SERVICES IN MOZAMBIQUE

    Directory of Open Access Journals (Sweden)

    S Norfolk

    2013-06-01

    Full Text Available Within the context of Mozambique, this paper examines the state of forest ecosystem services, the dependency of the population on these systems for their well-being, if an adaptive governance regime is being created which will ensure the resilience of the forest ecosystem services including the legal framework, the institutions operating within this framework, the tools available and their functioning, and how cooperative governance is operating.

  3. The Role of Sharia Judges in Indonesia: Between the Common Law and the Civil Law Systems

    OpenAIRE

    Alfitri, Alfitri

    2017-01-01

    This article seeks to analyse the role of Religious Courts' (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in ...

  4. Evolving medical service in the information age: a legal analysis of applying telemedicine programs in Taiwan.

    Science.gov (United States)

    Wu, Hsing-Hao

    2008-12-01

    In the face of the information age, Internet and telecommunication technologies have been widely applied in various settings. These innovational technologies have been used in the areas of e-commerce, long distance learning programs, entertainment, e-government, and so on. In recent years, the evolution of Internet technology is also pervading the health care industry. This dramatic trend may significantly alter traditional medical practice as well as the means of delivery of health care. The idea of telemedicine is to use modern information technology as a means or platform to deliver health care service in remote areas and to manage medical information in digitalized forms. The progress of developing telemedicine, however, is rather slow. The main reason for this slow progress is not technological but rather legal. Health care providers are reluctant to promote this innovation in medical service mainly due to uncertain legal consequences and ethical concerns. Although there are many legal challenges surrounding telemedicine, this note will examine major legal issues including licensure, malpractice liability, and privacy protection. Furthermore, I will discuss the potential of applying telemedicine programs in Taiwan's National Health Insurance Program (hereinafter referred to as NHI).

  5. RECENT DEVELOPMENTS IN THE PROVISION OF PRO BONO LEGAL SERVICES BY ATTORNEYS IN SOUTH AFRICA

    Directory of Open Access Journals (Sweden)

    Dave Holness

    2013-04-01

    Full Text Available SUMMARYThis paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.

  6. Judging the judges' performance in rhythmic gymnastics.

    Science.gov (United States)

    Flessas, Konstantinos; Mylonas, Dimitris; Panagiotaropoulou, Georgia; Tsopani, Despina; Korda, Alexandrea; Siettos, Constantinos; Di Cagno, Alessandra; Evdokimidis, Ioannis; Smyrnis, Nikolaos

    2015-03-01

    Rhythmic gymnastics (RG) is an aesthetic event balancing between art and sport that also has a performance rating system (Code of Points) given by the International Gymnastics Federation. It is one of the sports in which competition results greatly depend on the judges' evaluation. In the current study, we explored the judges' performance in a five-gymnast ensemble routine. An expert-novice paradigm (10 international-level, 10 national-level, and 10 novice-level judges) was implemented under a fully simulated procedure of judgment in a five-gymnast ensemble routine of RG using two videos of routines performed by the Greek national team of RG. Simultaneous recordings of two-dimensional eye movements were taken during the judgment procedure to assess the percentage of time spent by each judge viewing the videos and fixation performance of each judge when an error in gymnast performance had occurred. All judge level groups had very modest performance of error recognition on gymnasts' routines, and the best international judges reported approximately 40% of true errors. Novice judges spent significantly more time viewing the videos compared with national and international judges and spent significantly more time fixating detected errors than the other two groups. National judges were the only group that made efficient use of fixation to detect errors. The fact that international-level judges outperformed both other groups, while not relying on visual fixation to detect errors, suggests that these experienced judges probably make use of other cognitive strategies, increasing their overall error detection efficiency, which was, however, still far below optimum.

  7. Data Protection in Financial Technology Services (A Study in Indonesian Legal Perspective

    Directory of Open Access Journals (Sweden)

    Dian Purnama Anugerah

    2018-01-01

    Full Text Available The banking sector is facing a new competitor, namely Financial Technology (Fin-tech. Fin-tech itself can be described as an industry composed of companies using a new tech-nology and innovation with available resources in order to compete in the marketplace of tradi-tional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed since the past 3 years. Fin-tech faces a new challenge as a new service for financial consumer which adapts to new ways of living in modern digital tech-nology era. Basically, Fin-tech offers three main categories such as payment, personal finance, and financing. In financing application there are peer to peer financing, social crowd funding, and loan marketplace. All of these kinds of application have some issues in legal framework and data protection due to the use of communication technologies such as internet, social networks, Smartphone, massive use of data with the Big Data, connected objects, etc. The use of big data and those new technologies create new opportunities for these sectors, and this development also raises significant data protection concerns. This paper discusses two legal issues of Fin-tech, the legal aspect, and the data protection.

  8. [Legal aspects of delegation and reorganisation of medical services in the psychiatric field].

    Science.gov (United States)

    Jordan, Wolfgang; Adler, Lothar; Bleich, Stefan; Cohrs, Stefan; von Einsiedel, Regina; Falkai, Peter; Grosskopf, Volker; Hauth, Iris; Steiner, Johann

    2011-11-01

    Current psychiatric-psychotherapeutic in-patient care takes place in an area of tension between increasing treatment requirements and the persistent lack of qualified staff. The optimisation of the diagnostic-therapeutic procedures in a clinic helps to reduce existing care deficits or to generate resources for future developments. The subject of delegation and substitution of medical services is considered in this context. Inadequate knowledge of the legal situation on the part of the decision makers impairs the indispensable trustful cooperation among the professions and adds to the uncertainty of all those concerned. The present paper outlines the legal, organisational and health policy aspects of delegation and the reorganisation of medical activities in the field of psychiatry. © Georg Thieme Verlag KG Stuttgart · New York.

  9. Revising Payment for Ecosystem Services in the Light of Stewardship: The Need for a Legal Framework

    Directory of Open Access Journals (Sweden)

    Alessandra Solazzo

    2015-11-01

    Full Text Available Since the Millennium Ecosystem Assessment (MEA highlighted the importance of ecosystem services for human well-being, the payments for such services have increasingly been drawing the attention of governments, the private sector and academia. Nonetheless, there is not yet a specific legal framework which is able to capture the complexity of managing natural resources and, at the same time, deal with the numerous drawbacks that have been identified by critics, who are opposed to using financialisation of the environment as a tool. This paper, after briefly summarizing some of the main features and criticisms of the Payment for Ecosystem Services (PES, will critically assess the understanding of property rights over natural resources as stewardship, rather than as entitlement, because this interpretation is more coherent with the inherent characteristics of natural resources and, consequently, of ecosystem services. The novel usage of a stewardship dimension to property rights underlines the necessity for a legal framework for PES, constituted by “property-liability rules”.

  10. Health Care Professionals’ Knowledge and Attitudes About Sexually Transmitted Diseases and Legal Aspects of Medical Services

    Directory of Open Access Journals (Sweden)

    Akpak Yaşam Kemal

    2016-01-01

    Full Text Available Objective: This study aims to investigate healthcare professionals’ (HCPs general level of knowledge about sexually transmitted diseases, their attitudes towards these patients and legal aspects of medical services. Materials and Methods: This was a multi-centered study. The participants were given 28 questions that mainly asked their level of knowledge on sexually transmitted diseases (STDs patients, their attitudes towards such patients, and their legal as well as ethical views on them. Results: A total of 234 HCPs, 124 (53% female and 110 (47% male, participated in the study. The majority of married HCPs have reported monogamy as the most reliable protection method, whereas single participants have marked "condoms." The most commonly known STD has been reported as AIDS in all groups. Even though HCPs find it medically unethical not to offer a medical intervention to patients with STDs, more than one-third of the participants believe that HCPs should have the right not to do so. Conclusion: It has been concluded that HCPs need further education on STDs. Nevertheless, such high level of care and attention on HCPs’ part does not necessarily decrease their need for proper medico legal regulations on such issues.

  11. An exploratory study of the health harms and utilisation of health services of frequent legal high users under the interim regulated legal high market in central Auckland.

    Science.gov (United States)

    Wilkins, Chris; Prasad, Jitesh; Wong, K C; Rychert, Marta; Graydon-Guy, Thomas

    2016-03-11

    To explore health problems and the accessing of health services by frequent legal high users under an interim regulated legal market in central Auckland. Frequent legal high users (monthly+) were recruited from outside eight randomly-selected, licensed, legal high stores in central Auckland from 23 April-7 May, 2014. Eligible participants were emailed a unique invitation to complete an on-line survey; 105 completed the survey. Twenty-seven percent had suffered mental illness during their lifetimes. Eighty percent used synthetic cannabinoids (SC), and 20% 'party pills'. Forty-seven percent of SC users used daily or more often. Other drugs used included alcohol (80%), cannabis (59%), 'ecstasy' (18%) and methamphetamine (15%). Fifty-eight percent of SC users were classified as SC dependent. The most common problems reported from SC use were: insomnia (29%); 'vomiting/nausea' (25%); 'short temper/agitation' (21%); 'anxiety' (21%); 'strange thoughts' (16%); and 'heart palpitations' (14%). The health services most commonly accessed by SC users were: a 'doctor/GP' (9%); 'counsellor' (9%); 'DrugHelp/MethHelp' websites (7%); 'Alcohol & Drug Helpline' (4%); 'ambulance' (3%); 'A&E' (3%); and hospitalisation (3%). Frequent use of interim licensed SC products was associated with health problems, including dependency. Further research is required to determine the health risks of these products.

  12. Screening for Elder Mistreatment among Older Adults Seeking Legal Assistance Services

    Directory of Open Access Journals (Sweden)

    Sheryl M Strasser

    2013-08-01

    Full Text Available Introduction: The aging population is a rapidly growing demographic in the United States. Isolation, limited autonomy, and declining physical and mental health render many older adults vulnerable to elder mistreatment (EM. The purpose of this study was to assess the prevalence and correlates of EM among a sample of older adults using legal assistance services in Atlanta, Georgia.Methods: Researchers administered surveys to consenting older adults (aged 60þ in 5 metro Atlanta community centers that hosted legal assistance information sessions as part of the Elderly Legal Assistance Program. The surveys screened for risk factors and prevalence of EM risk using valid and reliable measures and included additional questions regarding demographics characteristics and healthcare use behaviors.Results: Surveys were completed by 112 participants. Findings reveal that 32 (28.6% respondents met the criteria for elder abuse / neglect risk; 17 (15.2% respondents met criteria for depression; and 105 (93.7% had visited a healthcare provider during the past 6 months.Conclusion: The rates of EM risk in this sample were higher than those previously reported in research. Findings support continued examination of unique risks that may be present among older adults who may be possibly facing legal issues. Additionally, the reported frequency of healthcare visits among participants reveals a promising opportunity to examine development of a more widespread EM screening approach to be conducted in non-emergency settings. Interdisciplinary collaboration is required to inform screening approaches that account for complexities that EM cases present. [West J Emerg Med. 2013;14(4:309–315.

  13. European Council of Legal Medicine (ECLM) accreditation of forensic pathology services in Europe.

    Science.gov (United States)

    Mangin, P; Bonbled, F; Väli, M; Luna, A; Bajanowski, T; Hougen, H P; Ludes, B; Ferrara, D; Cusack, D; Keller, E; Vieira, N

    2015-03-01

    Forensic experts play a major role in the legal process as they offer professional expert opinion and evidence within the criminal justice system adjudicating on the innocence or alleged guilt of an accused person. In this respect, medico-legal examination is an essential part of the investigation process, determining in a scientific way the cause(s) and manner of unexpected and/or unnatural death or bringing clinical evidence in case of physical, psychological, or sexual abuse in living people. From a legal perspective, these types of investigation must meet international standards, i.e., it should be independent, effective, and prompt. Ideally, the investigations should be conducted by board-certified experts in forensic medicine, endowed with a solid experience in this field, without any hierarchical relationship with the prosecuting authorities and having access to appropriate facilities in order to provide forensic reports of high quality. In this respect, there is a need for any private or public national or international authority including non-governmental organizations seeking experts qualified in forensic medicine to have at disposal a list of specialists working in accordance with high standards of professional performance within forensic pathology services that have been successfully submitted to an official accreditation/certification process using valid and acceptable criteria. To reach this goal, the National Association of Medical Examiners (NAME) has elaborated an accreditation/certification checklist which should be served as decision-making support to assist inspectors appointed to evaluate applicants. In the same spirit than NAME Accreditation Standards, European Council of Legal Medicine (ECLM) board decided to set up an ad hoc working group with the mission to elaborate an accreditation/certification procedure similar to the NAME's one but taking into account the realities of forensic medicine practices in Europe and restricted to post

  14. Health justice partnerships: initial insights into the delivery of an integrated health and legal service for youth in regional Victoria.

    Science.gov (United States)

    Ollerenshaw, Alison; Camilleri, Margaret

    2017-01-01

    This article presents interim findings from research examining the implementation of a health justice partnership (HJP) focusing on the legal and health needs of regional young people. HJPs provide an innovative service model offering an integrated health and legal service for the community. HJPs are a relatively new service model for Australia, yet the program is well suited to meet the needs of particular population cohorts, including young people and those in regional locations experiencing complex legal issues. Funded by the Victorian Legal Services Board and Commissioner, an HJP in partnership with three organisations was established in a large regional area in Victoria, Australia. Research is being conducted alongside the program to examine its impact on young people, and the implications on practice for staff in the partner organisations. Findings provide preliminary support for the HJP model with a number of young people - from predominantly disadvantaged backgrounds and with varying legal issues - having been referred to the program in the first 6 months. Referrals were received from both partner agencies and external agencies. Initial client and staff survey responses indicate that the legal problem of the young people was affecting how they feel. While these findings provide preliminary support for the HJP further research will offer longer term insights about HJPs within the Australian context, particularly rural and regional settings.

  15. Health benefits of legal services for criminalized populations: the case of people who use drugs, sex workers and sexual and gender minorities.

    Science.gov (United States)

    Csete, Joanne; Cohen, Jonathan

    2010-01-01

    Social exclusion and legal marginalization are important determinants of health outcomes for people who use illicit drugs, sex workers, and persons who face criminal penalties because of homosexuality or transgenderism. Incarceration may add to the health risks associated with police repression and discrimination for these persons. Access to legal services may be essential to positive health outcomes in these populations. Through concrete examples, this paper explores types of legal problems and legal services linked to health outcomes for drug users, sex workers, and sexual minorities and makes recommendations for donors, legal service providers, and civil society organizations. © 2010 American Society of Law, Medicine & Ethics, Inc.

  16. 7 CFR 900.55 - Judges.

    Science.gov (United States)

    2010-01-01

    ... of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and... Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders § 900.55 Judges. (a... sufficient affidavit of personal bias or disqualification of a judge, the Secretary shall determine the...

  17. 7 CFR 900.6 - Judges.

    Science.gov (United States)

    2010-01-01

    ... the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and... Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders § 900.6 Judges. (a... timely and sufficient affidavit of personal bias or disqualification of a judge, the Secretary shall...

  18. JudgeD: a probabilistic datalog with dependencies

    NARCIS (Netherlands)

    Wanders, B.; van Keulen, Maurice; Flokstra, Jan

    2016-01-01

    We present JudgeD, a probabilistic datalog. A JudgeD program defines a distribution over a set of traditional datalog programs by attaching logical sentences to clauses to implicitly specify traditional data programs. Through the logical sentences, JudgeD provides a novel method for the expression

  19. Legal barriers to access abortion services through a human rights lens: the Uruguayan experience.

    Science.gov (United States)

    Berro Pizzarossa, Lucía

    2018-12-01

    Sexual and reproductive health (SRH) has increasingly gained importance in the field of international human rights law. The work of the United Nations (UN) bodies, in particular the recently adopted General Comment 22 (GC 22), has been instrumental in signalling the importance of the SRH legal framework and in setting clear guidelines to steer countries into enacting/modifying/repealing national laws in order to comply with their international obligations vis-à-vis SRH. Although within the region Uruguay is regarded as a pioneer in terms of women's status and rights, including sexual and reproductive health and rights, evidence points to a number of challenges. This article explores the extent to which the Uruguayan abortion law complies with the country's international human rights obligations as conceptualised by GC 22. It uses the Uruguayan abortion law, its regulatory decree, and the highest administrative court's decision in Alonso et al v. Poder Ejecutivo as the main pivots for the discussion. The results reveal that - in spite of the praise it receives at the international level and the adoption of a less restrictive abortion law - Uruguay has fallen short in adopting a legal framework that complies with the international standards and guarantees effective access to abortion services.

  20. [Factors associated with the seeking of legal induced abortion services in Mexico City in 2010].

    Science.gov (United States)

    Figueroa-Lara, Alejandro; Aracena-Genao, Belkis; Reyes-Morales, Hortensia; Lamadrid-Figueroa, Héctor

    2012-01-01

    To identify factors associated with the seeking of the legal-interruption-pregnancy (LIP) services in Mexico City. We used a case-control design. Users who utilized the LIP were defined as cases, while users of the antenatal care service with gestational age 13 or more weeks and who reported having an unwanted pregnancy were defined as controls. Logistic regressions were fitted to estimate odds ratios. Higher level of education (OR=1.47, 95% CI:1.04-2.07), women's occupation (being student OR=7.31, 95% CI:1.58-33.95; worker OR=13.43, 95% CI:2.04-88.54), and number of previous abortions (OR=11.41, 95% CI:1.65-79.07) were identified as factors associated with the lookup of LIP. In Mexico City context, empowered women with a higher level of education, or having a work activity are the users of LIP services. Strategies for improving access of women with low empowerment conditions are needed.

  1. AGILE: a methodology for Advanced Governance of Information services through Legal Engineering

    NARCIS (Netherlands)

    Boer, A.; Sileno, G.

    2013-01-01

    To address agility in public administration, the Agile project developed a reference knowledge acquisition infrastructure for legal knowledge, based on a dynamic and design-oriented conceptualization of the legal system. The main objective of the project was to reframe legal knowledge as a knowledge

  2. Civil Remedies Division Administrative Law Judge Decisions

    Data.gov (United States)

    U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

  3. Development of a Communication Training Program to Improve Access to Legal Services for People with Complex Communication Needs

    Science.gov (United States)

    Togher, Leanne; Balandin, Susan; Young, Katherine; Given, Fiona; Canty, Michael

    2006-01-01

    People with communication disabilities experience problems in accessing the justice system. In this article we describe the development of a multimedia package designed to train legal personnel to identify and reduce communication barriers to their services. The training package is being developed collaboratively by a diverse team that included…

  4. Using Critical Literacy to Explore Genetics and Its Ethical, Legal, and Social Issues with In-Service Secondary Teachers

    Science.gov (United States)

    Gleason, Michael L.; Melancon, Megan E.; Kleine, Karynne L. M.

    2010-01-01

    The described interdisciplinary course helped a mixed population of in-service secondary English and biology teacher-participants increase their genetics content knowledge and awareness of Ethical, Legal, and Social Implications (ELSI) that arose from discoveries and practices associated with the Human Genome Project. This was accomplished by…

  5. 31 CFR 538.505 - Provision of certain legal services to the Government of Sudan, persons in Sudan, or benefitting...

    Science.gov (United States)

    2010-07-01

    ... to the Government of Sudan, persons in Sudan, or benefitting Sudan. 538.505 Section 538.505 Money and... Licensing Policy § 538.505 Provision of certain legal services to the Government of Sudan, persons in Sudan, or benefitting Sudan. (a) The provision to the Government of Sudan, to a person in Sudan, or in...

  6. The Legal Past, Present and Future of Prenatal Genetic Testing: Professional Liability and Other Legal Challenges Affecting Patient Access to Services

    Directory of Open Access Journals (Sweden)

    Deborah Pergament

    2014-12-01

    Full Text Available This chapter is an overview of the current status of the law in the United States regarding prenatal genetic testing with an emphasis on issues related to professional liability and other challenges affecting patient access to prenatal genetic testing. The chapter discusses the roles that federal regulations, promulgated by the Centers for Medicare and Medicaid Services (CMS, the Food and Drug Administration (FDA and the Federal Trade Commission (FTC, play in the regulation of prenatal genetic tests. The chapter discusses tort litigation based on allegations of malpractice in the provision of prenatal genetic testing and how courts have analyzed issues related to causation, damages and mitigation of damages. The chapter provides reference information regarding how individual states address causes of action under the tort theories of wrongful birth and wrongful life. The chapter concludes with a discussion of future legal issues that may affect clinical prenatal genetic testing services arising from the continued expansion of prenatal genetic testing, legal restrictions on access to abortion and the potential development of embryonic treatments.

  7. Choosing and Paying for Legal Services: There Is a Way To Get and Pay for What You Need and Can Afford!

    Science.gov (United States)

    Geiger, Philip E.; Cantelme, David

    2002-01-01

    Discusses pros and cons of various methods of compensating an attorney or law firm for legal services: Hourly fee; retainer and hourly fee; long-term or annual contract; retainer, fees, and benefits; capped fees; and expenses and reimbursements. Includes brief questionnaire to determine legal services needed and wanted by a school district. (PKP)

  8. Evaluation of Legal Data Protection Requirements in Cloud Services in the Context of Contractual Relations with End-Users

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2014-03-01

    Full Text Available Purpose – to analyse the compliance with basic principles of data protection in selected consumer oriented cloud services contracts, and also to highlight the adequate level of data protection in the mentioned contracts, evaluating existing data protection directive 95/46/EC, also proposed General data protection regulation.Design/methodology/approach – various survey methods have been used in the work integrated. Documental analysis method has been used in analysis of scientific literature, legal acts and other documents, where aspects of legal data protection requirements have been included. Legal documents analysis method together with logical-analytic method has been used in analysing Directive 95/46/EU, Proposal for a regulation of the European Parliament and of the Council and jurisprudence of the European Court of Human Rights. Comparative method has been applied for revealing difference between particular cloud services contracts and also comparing the compliance of cloud services contracts to requirements of basic European data protection principles, established in the international documents.Findings – from the brief analysis of selected consumer oriented cloud service providers, it may be implied that more or less all the legal principles, established in the legal acts, are reflected in the privacy policies and/or service agreements. However, it shall be noted that there is a big difference in wording of the analysed documents. Regarding other principles, all examined cloud service providers do not have indemnification provisions regarding unlawful use of personal data.Research limitations/implications – the concept of the contract was presented in a broad sense, including the privacy policies and/or terms and conditions of the service providers. In accordance with the content of the principles, the authors grouped data protection principles, applied in cloud services into fundamental and recommendatory.Practical implications

  9. 31 CFR 10.70 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 10.70... INTERNAL REVENUE SERVICE Rules Applicable to Disciplinary Proceedings § 10.70 Administrative Law Judge. (a..., firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed as...

  10. Constitutional judges (guarantee of the Constitution and responsibility

    Directory of Open Access Journals (Sweden)

    Francisco Javier Ansuátegui Roig

    2012-06-01

    Full Text Available My aim in this paper is to propose a reflection on the position and the importance that the constitutional judge has in the legal systems of contemporary constitutionalism. The figure of the judge responsible of protecting the Constitution is a key institution, without which we cannot understand the laws of constitutional democracies, their current lines of development, and the guarantee of rights and freedoms that constitute the normative core of these systems. Moreover, the reflection on the exercise of the powers of the judge, its scope and its justification is an important part of contemporary legal discussion, still relevant, albeit not exclusively - in the field of legal philosophy. The object of attention of my reflection is the judge who has the power of judicial review, in a scheme of defense of the Constitution, regardless the specific ways of this defense.

  11. RUSA Guidelines. Guidelines for Liaison Work in Managing Collections and Services; Guidelines for Medical, Legal, and Business Information Service Responses; Guidelines for the Preparation of a Bibliography.

    Science.gov (United States)

    Reference & User Services Quarterly, 2001

    2001-01-01

    Presents guidelines developed by RUSA (Reference and User Services Association), a division of the American Library Association, regarding collection development with user liaisons; meeting user needs for medical, legal, or business information; and bibliography preparation that includes a variety of formats such as nonprint materials and Web…

  12. European Council of Legal Medicine (ECLM) accreditation of forensic pathology services in Europe

    DEFF Research Database (Denmark)

    Mangin, P; Bonbled, F; Väli, M

    2015-01-01

    Forensic experts play a major role in the legal process as they offer professional expert opinion and evidence within the criminal justice system adjudicating on the innocence or alleged guilt of an accused person. In this respect, medico-legal examination is an essential part of the investigation...

  13. The EPOS Legal and Governance Framework : tailoring the infrastructure to fit the needs of the EPOS services

    Science.gov (United States)

    Kohler, Elisabeth; Pedersen, Helle; Kontkanen, Pirjo; Korja, Annakaisa; Lauterjung, Jörn; Haslinger, Florian; Sangianantoni, Agata; Bartolini, Alessandro; Consortium, Epos

    2016-04-01

    One of the most important issues regarding a pan-European distributed large scale research infrastructure is the setting up of its legal and governance structure as this will shape the very operation of the undertaking, i.e. the decision-making process, the allocation of tasks and resources as well as the relationship between the different bodies. Ensuring long-term operational services requires a robust, coherent and transparent legal and governance framework across all of the EPOS TCS (Thematic Core Services) and ICS (Integrated Core Services) that is well aligned to the EPOS global architecture. The chosen model for the EPOS legal entity is the ERIC (European Research Infrastructure Consortium). While the statutory seat of EPOS-ERIC will be in Rome, Italy, most of the services will be hosted in other countries. Specific agreements between EPOS-ERIC and the legal bodies hosting EPOS services will be implemented to allow proper coordination of activities. The objective is to avoid multiple agreements and, where possible, to standardize them in order to reach a harmonized situation across all services. For the governance careful attention will be paid to the decision-making process, the type of decisions and the voting rights, the definition of responsibilities, rights and duties, the reporting mechanisms, as well as other issues like who within a TCS represents the service to the 'outside' world or who advices the TCS on which subjects. Data policy is another crucial issue as EPOS aims to provide interdisciplinary services to researchers interested in geoscience, including access to data, metadata, data products, software and IT tools. EPOS also provides access to computational resources for visualization and processing. Beyond the general principles of Open Access and Open Source the following questions have to be addressed: scope and nature of data that will be accepted; intellectual property rights in data and terms under which data will be shared; openness and

  14. Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

    Directory of Open Access Journals (Sweden)

    Marcus Faro de Castro

    2016-08-01

    Full Text Available Purpose – The paper aims to present new ideas and analytical approaches developed in recent years by Brazilian legal scholars regarding regulation and economic development. Regulatory law of telecommunications services is taken as an example of application of such new ideas and analytical approaches. Methodology/approach/design – Two main approaches to the relationship between law and economic issues are described: the New Law and Development (NLD approach and the Legal Analysis of Economic Policy (LAEP perspective. The paper highlights prominent ideas of each perspective. Findings – The paper shows that there are structured ideas available in recent Brazilian legal literature which have a non-negligible potential of being explored in legal discussions and analyses of economic policy and regulatory issues of many sectors of emerging economies, including the telecommunications industry. Originality/value – The paper offers valuable contributions that may help in efforts to enhance and innovate the role of legal expertise in the regulatory process of several economic sectors, including the telecommunications sector.

  15. You're it! How to psychologically survive an internal investigation, disciplinary proceeding, or legal action in the police, fire, medical, mental health, legal, or emergency services professions.

    Science.gov (United States)

    Miller, Laurence

    2009-01-01

    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.

  16. Law guide for photovoltaic installations: Array installation; Connecting the grid; Financing; The new legal regime implemented in 2011; Is green taxing still so green?; Which judge will bring the light?: Reactions of actors

    International Nuclear Information System (INIS)

    Ferracci, Vanina; Vandervorst, Alain; Tixier, Jean-Luc; Barthelemy, Christophe; Cloche-Dubois, Celine; Tenailleau, Francois; Rubio, Aurore-Emmanuelle; Pechamat, Olivier; Gandet, Stephanie; Deharbe, David; Rousset, Alain; Boedec, Morgan; Joffre, Andre; Blosseville, Thomas; Meunier, Stephane; Maincent, Guillaume

    2011-01-01

    The authors discuss legal issues and aspects regarding photovoltaic installations in France: the array installation (constraints related to urban planning: rules, authorizations and competencies when setting up on the ground or on buildings, urban taxes, estate issues), the connection to the grid, the financing (electricity prices, partnership contract), the new legal regime implemented in 2011, the question whether green taxing is still sufficiently attractive, the dispute about the mandatory purchase mechanism, and the attitude of the different actors (notably local communities, and industries) in front of the decrease of purchase prices

  17. Soft Regulators, though judges

    NARCIS (Netherlands)

    de Geest, G.G.A.; Dari Mattiacci, G.

    Judges have a tendency to be more demanding than regulators. In the United States, a majority of the courts has adopted the rule that the unexcused violation of a statutory standard is negligence per se. However, the converse does not hold: compliance with regulation does not relieve the injurer of

  18. The Influence of Immigrant Parent Legal Status on U.S.-Born Children's Academic Abilities: The Moderating Effects of Social Service Use

    Science.gov (United States)

    Brabeck, Kalina M.; Sibley, Erin; Taubin, Patricia; Murcia, Angela

    2016-01-01

    The present study investigated the relationship between immigrant parent legal status and academic performance among U.S.-born children, ages 7-10. Building on previous research and a social ecological framework, the study further explored how social service use moderates the relationship between parent legal status and academic performance.…

  19. The Exploration of the Judge's Evaluation of Evidence through Inner Conviction on Whether Internet Messages Can be Evidence for Adultery in the Criminal Law---An Explication by Legal Positivism and Philosophical Theory

    Directory of Open Access Journals (Sweden)

    Cathy T. H. Chen

    2009-06-01

    Full Text Available Due to the rapid development of the internet, cyber crime has become a big issue in the information society. Among others, adultery via internet is one of the serious issues. Adultery in Taiwan’s Criminal Law means sexual intercourse between a married person and one who is not his or her spouse. The couple in question cannot be accused of adultery if no substantial evidence of sexual intercourse is found, even though we have at hand their internet messages involving obscene words that indicate the adulterous relationship. Recently in Taiwan, there have been cases in which the offense of adultery is established by internet and MSN messages, which is a breakthrough in Taiwan’s legal practice. But the question is: Can internet messages count as any substantial evidence in current legal principle and practice? Criticisms have come in like floods, for there is no answer in the precedents. This paper is subsequent to the one presented by the first author in the e-Society conference in August, 2007. Adopting the latest legal empirical study in Taiwan and supported interdisciplinarily by the argumentation of analytic philosophy, this

  20. Die Europäische Dienstleistungsrichtlinie und ihre Auswirkungen auf die Rechtsordnungen Italiens und Deutschlands = The European Service Directive - impacts on the Italian and German legal orders

    OpenAIRE

    Rossi, Matthias

    2012-01-01

    Die Europäische Dienstleistungsrichtlinie und ihre Auswirkungen auf die Rechtsordnungen Italiens und Deutschlands = The European Service Directive - impacts on the Italian and German legal orders / Matthias Rossi. - Baden-Baden : Nomos, 2012. - 118 S. - (Augsburger Rechtsstudien ; 71)

  1. The Femicide and the Challenges to the Effectiveness of the Law Maria da Penha: Judicial Discretion and Legal Culture of Judges in the Treatment of Domestic and Family Violence against Women

    Directory of Open Access Journals (Sweden)

    Lilah de Morais Barrêto

    2016-12-01

    Full Text Available This article discusses the problem of femicide, emphasizing its bond with the cycle of domestic violence against women. The denial and underuse of the institutes stated in the Law Maria da Penha is the consequence of a traditional legal culture that deals this problem as a private issue and faces this kind of violence with a consensual paradigm of justice. In this essay, we will analyze the judgments by the Brazilian Supreme Court in ADC nº 19/DF and ADI nº 4424/DF, and the resistances of courts in following this settled jurisprudence.

  2. 7 CFR 1717.611 - RUS approval of expenditures for legal, accounting, engineering, and supervisory services.

    Science.gov (United States)

    2010-01-01

    ..., supervisory (other than for the management and operation of the borrower's electric system, see § 1717.608(d... 7 Agriculture 11 2010-01-01 2010-01-01 false RUS approval of expenditures for legal, accounting... COMMON TO INSURED AND GUARANTEED ELECTRIC LOANS Operational Controls § 1717.611 RUS approval of...

  3. 77 FR 63417 - Senior Executive Service; Legal Division Performance Review Board Members

    Science.gov (United States)

    2012-10-16

    ...; Bill Bradley, Chief Counsel, Financial Crimes Enforcement Network; Himamauli Das, Assistant General... members of the Legal Division PRB. The purpose of this Board is to review and make recommendations... INFORMATION CONTACT: Office of the General Counsel, Department of the Treasury, 1500 Pennsylvania Avenue NW...

  4. Mental Health Services, Free Appropriate Public Education, and Students with Disabilities: Legal Considerations in Identifying, Evaluating, and Providing Services

    Science.gov (United States)

    Yell, Mitchell; Smith, Carl; Katsiyannis, Antonis; Losinski, Mickey

    2018-01-01

    In the past few years, the provision of mental health services in public schools has received considerable attention. When students with disabilities are eligible for special education and related services under the Individuals With Disabilities Education Act (IDEA), mental health services are required if such services are needed to provide…

  5. Evaluating judge performance in sport.

    Science.gov (United States)

    Looney, Marilyn A

    2004-01-01

    Many sports, such as, gymnastics, diving, ski jumping, and figure skating, use judges' scores to determine the winner of a competition. These judges use some type of rating scale when judging performances (e.g., figure skating: 0.0 - 6.0). Sport governing bodies have the responsibility of setting and enforcing quality control parameters for judge performance. Given the judging scandals in figure skating at the 1998 and 2002 Olympics, judge performance in sport is receiving greater scrutiny. The purpose of this article is to illustrate how results from Rasch analyses can be used to provide in-depth feedback to judges about their scoring patterns. Nine judges' scores for 20 pairs of figure skaters who competed at the 2002 Winter Olympics were analyzed using a four-faceted (skater pair ability, skating aspect difficulty, program difficulty, and judge severity) Rasch rating scale model that was not common to all judges. Fit statistics, the logical ordering of skating aspects, skating programs, and separation indices all indicated a good fit of the data to the model. The type of feedback that can be given to judges about their scoring pattern was illustrated for one judge (USA) whose performance was flagged as being unpredictable. Feedback included a detailed description of how the rating scale was used; for example, 10% of all marks given by the American judge were unexpected by the model (Z > |2|). Three figures illustrated differences between the judge's observed and expected marks arranged according to the pairs' skating order and final placement in the competition. Scores which may represent "nationalistic bias" or a skating order influence were flagged by looking at these figures. If sport governing bodies wish to improve the performance of their judges, they need to employ methods that monitor the internal consistency of each judge as a many-facet Rasch analysis does.

  6. Judging the Judges: finding value in these problematic characters

    Directory of Open Access Journals (Sweden)

    L R Martin

    2008-05-01

    Full Text Available The biblical judges are well known for their less than exemplary behaviour. In the past, these judges have been appreciated largely as examples of how a charismatic leader should not behave. In spite of the judges� questionable morals, the writer of the book of Hebrews commends four of them (Barak, Gideon, Jephthah, and Samson for their faith. This paper evaluates these judges in light of their characterisations in the book of Hebrews and in the book of Judges and suggests that our struggle with the judges parallels the contemporary integrity crisis in Christian leadership.

  7. Introduction: Not Enough Judges

    Directory of Open Access Journals (Sweden)

    Avrom Sherr

    2017-12-01

    Full Text Available This is an Introduction, and Comment on the series presented here as "Not Enough Judges", arising out of a workshop in Oñati in 2016. The workshop intended to expose and begin to understand the general claims regarding the scarcity of judges and its consequences which appeared as an important issue in a number of jurisdictions. The concerns are that citizens and organizations may be denied access to justice; parties may suffer delays of justice; prosecutors may decline to prosecute more cases (Crystal S. Yang, Justice Vacated? The Impact of Judicial Vacancies on Prosecutorial Behavior; judges may become overworked etc. (Keren Weinshall-Margel et al., Case Weights for the Assessment of Judicial Workloads in Israel. This collection brings together the papers of the workshop which investigated whether there is substance to these claims and whether it is possible to assess the severity of the problem. The intention of the workshop was to seek out the sources of the problem; establish its social price; and propose solutions. Esta introducción se adjunta a un comentario presentado en forma de artículo en el seminario Too Few Judges? Dicho artículo cuestionaba la afirmación de que los jueces son esenciales para la justicia, y que, por tanto, carecer de suficientes jueces disminuye la accesibilidad y el acceso a la justicia. El comentario cuestiona el coste y el valor del derecho judicial, si acaso los jueces hacen el trabajo que suponemos que hacen, cumplen con su obligación de garantizar la justicia, son siempre independientes y justos, y si son siempre capaces de llegar a conclusiones justas. Este cuestionamiento no pretende criticar a ningún juez, sino más bien considerar la naturaleza y limitaciones de la función decisoria de los jueces. Está enteramente aceptado que algunos elementos de la función judicial son esenciales para el progreso del derecho, la defensa del individuo frente al Estado, y la certeza del derecho y las relaciones

  8. 7 CFR 1200.7 - Judge.

    Science.gov (United States)

    2010-01-01

    ... matter as a part of the record and decision in the proceeding, after making such investigation or holding... 7 Agriculture 10 2010-01-01 2010-01-01 false Judge. 1200.7 Section 1200.7 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND...

  9. The Judiciary as a bastion of the legal order in challenging times

    Directory of Open Access Journals (Sweden)

    D van Zyl

    2009-07-01

    Full Text Available The oratio of Judge Deon van Zyl (currently Inspecting Judge: Inspectorate of Correctional Services on the Judiciary as a Bastion of the Legal Order in Challenging Times appears in this issue at a time when the independence of the judiciary, the structures of the courts and various occurrences involving judges and the rule of law are topical in the public debate in South Africa. The paper was delivered in October 2008 as the annual FW de Klerk Lecture and it closes with the words: ". . . it is what they say and do in good faith and with reference to the moral values of the community they serve, that stimulates public confidence in the judiciary as a bastion of the legal order, however challenging the times may be."

  10. 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.

    Science.gov (United States)

    Pott, Robbin

    2017-11-01

    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.

  11. 7 CFR 91.39 - Premium hourly fee rates for overtime and legal holiday service.

    Science.gov (United States)

    2010-01-01

    ...) AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices), DEPARTMENT OF AGRICULTURE... available from the Laboratory Manager or facility supervisor. [72 FR 15021, Mar. 30, 2007] ...

  12. CASE reading, structuring and analyzing decisions by judges

    NARCIS (Netherlands)

    Muntjewerff, A.J.

    2013-01-01

    It is essential for law students to acquire knowledge about the applicable general rules of law. A major source of applicable rules within the Dutch legal system is, next to statutes, the category of decisions by judges. Law students experience difficulties with finding, reading and comprehending

  13. Television Judge Shows: Nordic and U.S. Perspectives

    DEFF Research Database (Denmark)

    Porsdam, Helle

    2017-01-01

    Legal discourse is language that people use in a globalizing and multicultural society to negotiate acceptable behaviors and values. We see this played out in popular cultural forums such as judicial television dramas. In the American context, television judge shows are virtually synonymous...

  14. 78 FR 20893 - Legal Services Trade Mission to China, September 16-18, 2013

    Science.gov (United States)

    2013-04-08

    ... services on United States laws for issues relating to taxation, employment, corporate finance, real estate... conflict of interest; Certify that it has identified any pending litigation (including any administrative...

  15. Analysing Discursive Practices in Legal Research : How a Single Remark Implies a Paradigm

    NARCIS (Netherlands)

    van den Hoven, P.J.

    2017-01-01

    Different linguistic theories of meaning (semantic theories) imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and

  16. Ethical, legal and professional issues arising from social media coverage by UK Helicopter Emergency Medical Services.

    Science.gov (United States)

    Steele, Sarah; Adcock, Christopher; Steel, Alistair

    2016-01-01

    Social media (SoMe) are gaining increasing acceptance among, and use by, healthcare service deliverers and workers. UK Helicopter Emergency Medical Services (HEMS) use SoMe to deliver service information and to fundraise, among other purposes. This article examines UK HEMS use of SoMe between January and February 2014 to determine the extent of adoption and to highlight trends in use. The database of the Association of Air Ambulances, crosschecked with UK Emergency Aviation, was used to identify flying, charitable UK HEMS. This search identified 28 UK HEMS, of which 24 services met the criteria for selection for review. Using information harvested from the public domain, we then systematically documented SoMe use by the services. SoMe use by UK HEMS is extensive but not uniform. All selected UK HEMS maintained websites with blogs, as well as Facebook, Twitter, Wikipedia and JustGiving profiles, with the majority of services using Ebay for Charity, LinkedIn and YouTube. Some HEMS also held a presence on Pinterest, Google+, Instagram and Flickr, with a minority of services maintaining their own Rich Site Summary (RSS) feed. The SoMe adopted, while varied, allowed for increased, and different forms of, information delivery by HEMS to the public, often in real time. Such use, though, risks breaching patient confidentiality and data protection requirements, especially when information is viewed cumulatively across platforms. There is an urgent need for the continued development of guidance in this unique setting to protect patients while UK HEMS promote and fundraise for their charitable activities. 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/

  17. Information Services in Libraries for Printed and Digital Materials: Selected Legal Issues

    OpenAIRE

    Villegas-Tovar, Ricardo

    2008-01-01

    Outline 1. - Information services in libraries for printed & digital materials 2. - Document Delivery Services: Digital Materials 2.1. - Electronic document delivery 2.2. - The role of Reproduction Rights Organizations and DDS 3. - Library copying for the user: Printed Materials 3.1.- Printed document delivery 3.2. - Reserve room 4. - Library copying for library uses: Printed Materials 5. - Information access and copyright: Current situation in Mexico

  18. "Judges of the Velum" and "Judges of the Hippodrome" in Thessalonike (11th c.

    Directory of Open Access Journals (Sweden)

    Andreas GKOUTZIOUKOSTAS

    2010-09-01

    Full Text Available The present study focuses on judicial officers coming from Constantinople to Thessalonike in the 11th century. The judge of the theme of Thessalonike was in charge of trying cases in the region. From the second fifth of the 11th century, however, his jurisdiction was extended to the greater financial and judicial unit of Boleron, Strymon and Thessalonike as well. Lead seals and documents from the archives of the monasteries of Athos prove that many of the krites of Boleron, Strymon and Thessalonike had been previously krites of the velum and judges of the hippodrome who performed their duties in the capital and belonged to the ranks of the “small judges”. These judicial officers tried cases that were referred to them, while they could also function as assessors of the “great” or superior judges of Constantinople, i.e. the droungarios of the vigla, the dikaiodotes, the protoasecretis, the eparchos of the city, the koiaistor and the epi ton kriseon. The latter could delegate the authority to try cases to the “small” or inferior judges. Consequently, the judges of the velum and the judges of the hippodrome could also be sent from Constantinople to the themes by the emperor or other officials, in order to examine some cases and then return to the capital. This is confirmed by the primary sources, which mention for example the case of judge of the hippodrome Michael Rhodios, who was sent by Alexios I Komnenos in 1084 from Constantinople to the region of Thessalonike, in order to examine a dispute between the Lavra monastery and the brother of the emperor, Adrian. Some years later Michael Rhodios was sent again to try cases in Thessalonike, but this time as krites of Boleron, Strymon and Thessalonike. Consequently, apart from the judge of Boleron, Strymon and Thessalonike, other judges delegated by the emperor or by high officers could also examine cases there, as happened in other themes. From the 14th century on, as Macedonia developed

  19. 29 CFR 6.19 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Contracts Subject to the Service Contract Act) § 6.19 Decision of the Administrative Law Judge. (a) Proposed... presented on the record. The decision of the Administrative Law Judge shall be based upon a consideration of... respondent is found to have violated the Service Contract Act, the Administrative Law Judge shall include in...

  20. Personal Beliefs and Professional Responsibilities: Ethiopian Midwives' Attitudes toward Providing Abortion Services after Legal Reform.

    Science.gov (United States)

    Holcombe, Sarah Jane; Berhe, Aster; Cherie, Amsale

    2015-03-01

    In 2005, Ethiopia liberalized its abortion law and subsequently authorized midwives to offer abortion services. Using a 2013 survey of 188 midwives and 12 interviews with third-year midwifery students, this cross-sectional research examines midwives' attitudes toward abortion to understand their decisions about service provision. Most midwives were willing to provide abortion services. This willingness was positively and significantly related to clinical experience with abortion, but negatively and significantly related to religiosity, belief that providers have the right to refuse to provide services, and care of patients from periurban as opposed to rural areas. No significant relationship was found with perceptions of abortion stigma, years of work as a midwife, or knowledge of the law. Interview data suggest complex dynamics underlying midwives' willingness to offer services, including conflicts between professional norms and religious beliefs. Findings can inform Ethiopia's efforts to reduce maternal mortality through task-shifting to midwives and can aid other countries that are confronting provider shortages and high levels of maternal mortality and morbidity, particularly due to unsafe abortion. © 2015 The Population Council, Inc.

  1. IMPORTANCE OF THE STABILITY OF LEGAL SYSTEM FOR THE SUCCESSFUL MANAGING OF A STRUCTURE OF MEDICAL SERVICES COMPANIES

    Directory of Open Access Journals (Sweden)

    Mariela Deliverska

    2017-02-01

    Full Text Available The process of introduction into our national legislation of norms of the European union legislation has a direct impact on the process of realization of major activities in all spheres of the public life and the activities related to medical services are not an exception. The management of activities, connected to provision of medical services, requires attention to be paid not only to the competitive environment, but also to the normative requirements, regulating the access of the citizens to medical aid. When talking about healthcare and healthcare market, it should be noted that good healthcare is possible only where there is good civil society and strong traditions in the field of social insurance. The new requirements introduced in the way of functioning of the healthcare system aim to provide improved human health, however simultaneously the adaptation of the system to the new legally regulated requirements should be implemented in a way, which guarantees fast and easy access to healthcare services for all patients.

  2. LEGAL REGULATIONS AND THE MARKET OF INSURANCE SERVICES IN THE SME SECTOR IN 2014-2015 AS EXEMPLIFIED BY POLAND

    Directory of Open Access Journals (Sweden)

    Aneta Oniszczuk – Jastrząbek

    2017-03-01

    Full Text Available Apart from banking and telecommunications services, insurance is the most dynamically developing market in Poland. Since 1990, when the law on insurance activity was passed, the number of insurance companies has increased considerably. The quick adoption of the above-mentioned law was related to the system transformation and an urgent need to adjust that sector of the economy to the standards applicable in capitalist countries. The unification of the law and adoption of international insurance conventions have stimulated the growth of that sector. The offer of insurance companies has been extended to include new and better services, ranging from basic vehicle or property insurance to complicated financial insurance. A broadly conceived insurance market consists of two basic components, i.e. insurers who represent the supply of insurance coverage and policyholders, or persons with a property interest, who represent demand. A person who concludes an insurance contract with an insurer is a policyholder. This article presents the legal regulations concerning of insurance services undertaken by enterprises in Poland.

  3. Data Protection in Financial Technology Services (A Study in Indonesian Legal Perspective)

    OpenAIRE

    Dian Purnama Anugerah; Masitoh Indriani

    2018-01-01

    The banking sector is facing a new competitor, namely Financial Technology (Fin-tech). Fin-tech itself can be described as an industry composed of companies using a new tech-nology and innovation with available resources in order to compete in the marketplace of tradi-tional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed since the past 3 years. Fin-tech faces a new challenge as a new service for financial consu...

  4. Perceptions of legally mandated public involvement processes in the U.S. Forest Service

    Science.gov (United States)

    S. Andrew Predmore; Marc J. Stern; Michael J. Mortimer; David N. Seesholtz

    2011-01-01

    Results from an agency-wide survey of U.S. Forest Service personnel indicate that respondents in our sample engage in National Environmental Policy Act (NEPA) public involvement processes primarily to accomplish two goals. The most commonly supported goal was to inform and disclose as mandated by the act. The other goal reflected interests in managing agency...

  5. Moral, Legal, and Functional Dimensions of Inclusive Service Delivery in Catholic Schools

    Science.gov (United States)

    Scanlan, Martin

    2009-01-01

    Catholic school educators are morally compelled by Catholic social teaching to foster inclusive service delivery for students who have traditionally been marginalized in schools, including students in poverty, students of color, English language learners, and students with special needs. This article applies this moral context to analyze the legal…

  6. Perspectives on medicine adherence in service users and carers with experience of legally sanctioned detention and medication: a qualitative study

    Directory of Open Access Journals (Sweden)

    Chambers M

    2013-08-01

    Full Text Available Iris Gault,1 Ann Gallagher,2 Mary Chambers31Faculty of Health and Social Care Sciences, Kingston University and St George's University of London, Kingston, Surrey, UK; 2International Centre for Nursing Ethics, School of Health and Social Care, Faculty of Health and Medical Sciences, University of Surrey, Guildford, Surrey, UK; 3Faculty of Health and Social Care Sciences, Kingston University and St George's University of London, St George's University of London, Tooting, London, UKAim: To explore and analyze perceptions of service users and caregivers on adherence and nonadherence to medication in a mental health care context.Background: Mental health medication adherence is considered problematic and legal coercion exists in many countries.Design: This was a qualitative study aiming to explore perceptions of medication adherence from the perspective of the service user (and their caregiver, where possible.Participants: Eighteen mental health service users (and six caregivers with histories of medication nonadherence and repeated compulsory admission were recruited from voluntary sector support groups in England.Methods: Data were collected between 2008 and 2010. Using qualitative coding techniques, the study analyzed interview and focus group data from service users, previously subjected to compulsory medication under mental health law, or their caregivers.Results: The process of medication adherence or nonadherence is encapsulated in an explanatory narrative. This narrative constitutes participants' struggle to negotiate acceptable and effective routes through variable quality of care. Results indicated that service users and caregivers eventually accepted the reality of their own mental illness and their need for safety and treatment. They perceived the behavior of professionals as key in their recovery process. Professionals could be enabling or disabling with regard to adherence to medication.Conclusion: This study investigated service user

  7. Religion-Related Child Maltreatment: A Profile of Cases Encountered by Legal and Social Service Agencies.

    Science.gov (United States)

    Bottoms, Bette L; Goodman, Gail S; Tolou-Shams, Marina; Diviak, Kathleen R; Shaver, Phillip R

    2015-08-01

    Religion can foster, facilitate, and be used to justify child maltreatment. Yet religion-related child abuse and neglect have received little attention from social scientists. We examined 249 cases of religion-related child maltreatment reported to social service agencies, police departments, and prosecutors' offices nationwide. We focused on cases involving maltreatment perpetrated by persons with religious authority, such as ministers and priests; the withholding of medical care for religious reasons; and abusive attempts to rid a child of supposed evil. By providing a descriptive statistical profile of the major features of these cases, we illustrate how these varieties of religion-related child maltreatment occur, who the victims and perpetrators are, and how religion-related child abuse and neglect are reported and processed by the social service and criminal justice systems. We end with a call for greater research attention to these important offenses against children. Copyright © 2015 John Wiley & Sons, Ltd.

  8. Capturing reimbursement for advanced practice nurse services in acute and critical care: legal and business considerations.

    Science.gov (United States)

    Buppert, Carolyn

    2005-01-01

    Advanced practice nurses (APNs) have been affected positively and negatively by recent changes in the way hospitals are financed. Among these changes are the shift from cost-based reimbursement to a prospective payment system and increased opportunities for billing APN services under the physician payment system. Positive effects include the need for hospitals to decrease the length of stay of hospitalized patients, leading to jobs for APNs who make the hospital course and discharge more efficient. Negative effects include budget shortfalls that lead to layoffs. This article explains the current financial landscape, including phenomena that are impeding the billing of APN services, and recommends adjustments so that the APN role will be on firm financial footing.

  9. Clients' reports on postabortion family planning services provided in Mexico City's public sector legal abortion program

    Science.gov (United States)

    Becker, Davida; Díaz-Olavarrieta, Claudia; Garcia, Sandra G.; Harper, Cynthia C.

    2014-01-01

    Objective First trimester abortion was decriminalized in Mexico City in 2007. We studied client views of family planning services provided during abortion care at public facilities and acceptance of postabortion contraception. Methods We surveyed 402 clients seeking first trimester abortion care in Mexico City. We used logistic regression to test whether postabortion contraception varied by abortion visit characteristics or client sociodemographics. Results Most participants (81.6%) reported being offered contraception at their visit and 89.5% selected a contraceptive method postabortion, with 58.9% selecting the IUD. Surgical abortion clients were more likely to report being offered contraception than medical abortion clients (p<.001), as were clients attended by a female physician (p<.05). Clients at the general hospital were less likely to report being offered contraception (p<.001). Conclusion Public sector facilities in Mexico City are providing a generally high level of postabortion family planning care and uptake of postabortion contraception is high. PMID:23499047

  10. HUD Administrative Law Judges Decisions

    Data.gov (United States)

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

  11. The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems

    Directory of Open Access Journals (Sweden)

    Alfitri

    2017-12-01

    Full Text Available This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation; and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI and the Compilation of Sharia Economic Law (KHES, do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis in Islamic history which on a certain level similar to the role of judges in common law system.

  12. 3 CFR 8397 - Proclamation 8397 of July 23, 2009. 35th Anniversary of the Legal Services Corporation, 2009

    Science.gov (United States)

    2010-01-01

    ... America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do...) breathes life into the timeless ideal, “equal justice under law.” It reaches those who cannot afford the... brings legal counsel to every corner of the Nation. As the largest provider of civil legal aid to the...

  13. 'Ivory wave' toxicity in recreational drug users; integration of clinical and poisons information services to manage legal high poisoning.

    Science.gov (United States)

    Murray, Douglas B; Potts, Stephen; Haxton, Carole; Jackson, Gillian; Sandilands, Euan A; Ramsey, John; Puchnarewicz, Malgorzata; Holt, David W; Johnston, Atholl; Nicholas Bateman, D; Dear, James W

    2012-02-01

    Novel psychoactive substances or 'legal highs' can be defined as psychoactive substances that have been developed to avoid existing drug control measures. Consistency of name, but with change in the content of the product, may cause harm. This could result in clusters of users being poisoned and developing unexpected physical and psychiatric symptoms. We describe such an event and the clinical phenotypes of a cluster of patients poisoned with a novel psychoactive substance in 'ivory wave' and analyze data from the National Poisons Information Service (NPIS) to estimate use across the United Kingdom. In addition, the likely active ingredient in this cluster of 'ivory wave' poisonings was identified. An analysis of consecutive patients attending the Royal Infirmary of Edinburgh emergency department in July and August 2010 with self-reported 'ivory wave' use was performed. Over a similar time frame, poisons enquiries regarding 'ivory wave' to the UK NPIS, by telephone and via the internet-based TOXBASE(®) poisons database ( www.toxbase.org ), were analyzed. A sample of 'ivory wave' powder and biological fluids from poisoned patients were investigated to determine the active ingredient. Thirty four emergency attendances due to 'ivory wave' toxicity were identified. The mean +/- SD (range) age was 28.6 +/- 7.8 (16-44) years. Patients demonstrated a toxidrome which lasted several days, characterized by tachycardia (65%), tachypnoea (76%), dystonia (18%), rhabdomyolysis (96%), leucocytosis (57%), agitation (62%), hallucinations (50%), insomnia (32%) and paranoia (21%). Enquiries to NPIS suggest that 'ivory wave' poisoning occurred throughout the United Kingdom. A sample of 'ivory wave' powder was analyzed and found to contain desoxypipradrol, which was also identified in biological fluids from 4 out of 5 patients tested. A cluster of cases presenting after use of a novel psychoactive substance was identified in Edinburgh and desoxypipradrol was identified as the likely

  14. Neurogenetic evidence in the courtroom: a randomised controlled trial with German judges.

    Science.gov (United States)

    Fuss, Johannes; Dressing, Harald; Briken, Peer

    2015-11-01

    Prominent court decisions and recent research suggest that introduction of neurogenetic evidence, for example, monoamine oxidase A alleles, may reduce the sentence of convicted psychopaths. Here, we are aiming to demonstrate that judges' response to neurogenetic evidence is highly influenced by the legal system in which they operate. Participating German judges (n=372) received a hypothetical case vignette of aggravated battery, and were randomly assigned to expert testimonies that either involved a neurogenetic explanation of the offender's psychopathy or only a psychiatric diagnosis of psychopathy. Testimonies were presented either by the prosecution or defence. Neurogenetic evidence significantly reduced judges' estimation of legal responsibility of the convict. Nevertheless, the average prison sentence was not affected in the German legal system. Most interestingly, analysis of judges' reasoning revealed that neurogenetic arguments presented by the prosecution significantly increased the number of judges (23% compared with ∼ 6%) ordering an involuntary commitment in a forensic psychiatric hospital. Such an involuntary commitment due to diminished or absent legal responsibility may last much longer than a prison sentence in the German legal system. Our data, thus, demonstrate the socially contingent nature of legal responses to neurogenetic evidence in criminal cases. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  15. The Hungarian court system with special emphasis on the principle of the independence of judges

    Directory of Open Access Journals (Sweden)

    Heka Laslo L.

    2015-01-01

    Full Text Available The question of ensuring the independence and impartiality of judges is one of the basic principles of justice, and basic principles of state functioning in general. Successful functioning of justice and the realization of this principle is largely linked to the method of selection of judges, which is, nowdays, an important issue in the world's major legal systems. They all aim to find a solution for the selection of judges that could implement reinforcement of the principle of independence of judges and their impartial trial. Regarding this, significant differences are noticeable between countries which apply civil law and ones that judge by the principle of common law, especially bearing in mind that certain political cultures exist in which there are no limits that the court involve even an external factor to the trial verdict. In this thesis we present the Hungarian justice system and methods of selection of the judges, comparing it with the Serbian model, and then presenting solutions in English, American, German and French judiciary, trying to display current prevailing international trends in countries that apply the legal system of Common law, or in those who judge by Civil law. Finally, by the method of comparative analysis, we present our own view on this issue, being aware that the problem of selection of the judges should be cautiously regulated, given the experience of some other countries, which is especially reflected in post-communist countries in which, up to the 1990s, only one-party system existed, characterized by the fact the judges were selected by the communist Party personnel, that in former Yugoslavia used to be called 'socio-politically suitable'. Nowdays in Hungary, Serbia and many other countries, judicial councils represented by judges, prosecutors, lawyers and law professors have a central role in the selection of the judges (in Serbia there are special judge and prosecutor councils. In France, the election of

  16. "My older clients fall through every crack in the system": geriatrics knowledge of legal professionals.

    Science.gov (United States)

    Soones, Tacara; Ahalt, Cyrus; Garrigues, Sarah; Faigman, David; Williams, Brie A

    2014-04-01

    With the number of older adult arrestees and prisoners increasing rapidly, legal professionals increasingly provide front-line identification and response to age-related health conditions (including cognitive and physical impairments) that may affect legal outcomes, such as the ability to participate in one's defense or stay safe in jail. The goals of this study were to assess the ability of legal professionals to recognize and respond to age-related conditions that could affect legal outcomes and to identify recommendations to address important knowledge gaps. This was a mixed quantitative-qualitative study. Legal professionals (N = 72) in the criminal justice system were surveyed to describe their demographic characteristics, expertise, and prior aging-related training and to inform the qualitative interview guide. Those surveyed included attorneys (district attorneys (25%), public defenders and legal advocates (58%)), judges (6%), and court-affiliated social workers (11%). In-depth qualitative interviews were then conducted with a subset of 10 legal professionals who worked with older adults at least weekly. Results from the surveys and interviews revealed knowledge deficits in four important areas: age-related health, identification of cognitive impairment, assessment of safety risk, and optimization of services upon release from jail. Four recommendations to close these gaps emerged: educate legal professionals about age-related health, train professionals to identify cognitive and sensory impairment, develop checklists to identify those at risk of poor health or safety, and improve knowledge of and access to transitional services for older adults. These findings suggest that geriatrics knowledge gaps of legal professionals exist that may contribute to adverse medical or legal outcomes for older adults involved in the criminal justice system and that partnerships between healthcare and legal professionals are needed to address these challenges. © Published

  17. Judging Judges: A Study of U.S. Federal District Court Judges in the 10th Circuit

    Directory of Open Access Journals (Sweden)

    Eli Wald

    2017-12-01

    Full Text Available This paper examines the demographics of federal district court judges in the 10th Circuit. Consistent with the glass-ceiling effect literature in positions of power and influence in the legal profession, the study finds that women judges are under-represented on the 10th Circuit bench compared with their numbers as lawyers in the jurisdictions of the Circuit. However, the study finds that minority judges are over-represented in the Circuit. The paper next explores the relationship between under-representation, over-representation and discrimination. Under-representation that cannot be explained in terms of merit criteria or informed opting out, such as the under-representation of women on the 10th Circuit, strongly suggests the lingering effects of past exclusion and discrimination, as well as the current effects of implicit bias. As demonstrated by the over-representation of minority judges, the political commission process can break through the gender glass-ceiling by over-representing qualified women judges in the short run until their overall numbers better reflect equality. Este artículo examina la demografía de los jueces federales de tribunales de distrito del 10º Circuito. Corroborando la literatura sobre el efecto del techo de cristal en posiciones de poder e influencia en la profesión jurídica, el estudio descubre que las juezas están infrarrepresentadas en el 10º Circuito en comparación con el número de abogadas en las jurisdicciones del Circuito. Sin embargo, el estudio descubre que los jueces de grupos sociales minoritarios están sobrerrepresentados en el Circuito. A continuación, el artículo explora la relación entre la infrarrepresentación, la sobrerrepresentación y la discriminación. La infrarrepresentación que no puede ser explicada en términos de criterios de mérito o de la renuncia informada, como es el caso de la infrarrepresentación de mujeres en el 10º Circuito, apoya fuertemente la idea de que

  18. The Law, the Map and the Citizen: Designing a legal service infrastructure where rules make sense again

    NARCIS (Netherlands)

    Peters, R.M.

    2016-01-01

    Law is being digitalised. When this research started, the notion of digitalisation of law was new. The early attempts were websites that provided legal sources. The question occurred if this would be helpful to the citizen seeking answers for day-to-day problems. The research question evolved from

  19. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    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

  20. The Flood, the Channels and the Dykes: Managing Legal Information in a Globalized and Digital World

    NARCIS (Netherlands)

    Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

    2008-01-01

    Information search and retrieval are part of daily routines of the legal profession. Lawyers, judges, prosecutors, and legal clerks usually access a number of electronic resources to browse, search, select, or update legal contents. Legal databases have currently become large digital libraries where

  1. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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....

  2. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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....

  3. 8 CFR 1003.10 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1003.10 Section 1003.10 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge § 1003.10 Immigration judges...

  4. 13 CFR 134.218 - Judges.

    Science.gov (United States)

    2010-01-01

    ... Administrative Law Judge. The AA/OHA will assign all other cases before OHA to either an Administrative Law Judge... Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS Rules of Practice for Most Cases § 134.218 Judges. (a) Assignment. The AA...

  5. 29 CFR 6.6 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Administrative Law Judge. 6.6 Section 6.6 Labor Office of the Secretary of Labor RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS ENFORCING LABOR STANDARDS IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND FEDERAL SERVICE CONTRACTS General § 6.6...

  6. Factores asociados con la búsqueda del servicio de interrupción legal del embarazo en la Ciudad de México, 2010 Factors associated with the seeking of legal induced abortion services in Mexico City in 2010

    Directory of Open Access Journals (Sweden)

    Alejandro Figueroa-Lara

    2012-08-01

    Full Text Available OBJETIVO: Identificar factores asociados con la búsqueda del servicio de interrupción legal del embarazo (ILE en la Ciudad de México. MATERIAL Y MÉTODOS: Se utilizó un diseño casos-controles. Usuarias del servicio de ILE fueron definidas como casos, y usuarias de control prenatal con 13 o más semanas de gestación con un embarazo no deseado constituyeron los controles. Se ajustaron modelos de regresión logística condicional. RESULTADOS: Los años de escolaridad (RM=1.47, IC:1.04-2.07, la ocupación (estudiante, RM=7.31, IC:1.58-33.95; tener empleo remunerado, RM= 13.43, IC:2.04-88.54 y número de interrupciones de embarazo previas (RM=11.41, IC:1.65-79.07 se asociaron con la búsqueda de ILE. El factor de mayor peso fue la ocupación; las mujeres que trabajan tuvieron 13.4 veces mayor posibilidad de demandar el servicio de ILE. CONCLUSIONES: En el contexto de la Ciudad de México, mujeres con más educación y participación laboral activa utilizan más los servicios de ILE. Se requieren estrategias dirigidas a incrementar el uso de estos servicios por mujeres menos favorecidas.OBJECTIVE: To identify factors associated with the seeking of the legal-interruption-pregnancy (LIP services in Mexico City. MATERIALS AND METHODS: We used a case-control design. Users who utilized the LIP were defined as cases, while users of the antenatal care service with gestational age 13 or more weeks and who reported having an unwanted pregnancy were defined as controls. Logistic regressions were fitted to estimate odds ratios. RESULTS: Higher level of education (OR=1.47, 95% CI:1.04-2.07, women's occupation (being student OR=7.31, 95% CI:1.58-33.95; worker OR=13.43, 95% CI:2.04-88.54, and number of previous abortions (OR=11.41, 95% CI:1.65-79.07 were identified as factors associated with the lookup of LIP. CONCLUSIONS: In Mexico City context, empowered women with a higher level of education, or having a work activity are the users of LIP services

  7. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations; Stromwirtschaftsrecht in Frankreich. Der Rechtsrahmen fuer die franzoesische Elektrizitaetsversorgung zwischen unionsrechtlichen Marktoeffnungsvorgaben und gemeinwirtschaftlichen Verpflichtungen

    Energy Technology Data Exchange (ETDEWEB)

    Buckler, Julius

    2016-07-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [German] Der Strombinnenmarktprozess ist nach wie vor unvollendet. Dies hat neben technischen auch rechtliche Gruende: Die Beharrungskraefte der zu Monopolzeiten gewachsenen Strukturen und Ordnungsrahmen sind zum Teil aeusserst stark, was sich besonders in Frankreich deutlich zeigt. Die dortige Stromversorgung wird ausgehend von ihrer Einordnung als Service Public sowohl mittelbar durch das Staatsunternehmen EDF als auch unmittelbar durch gesetzliche Regelungen intensiv staatlich kontrolliert. Die Marktoeffnung wird dadurch zwar nicht vollkommen verhindert. Zusammen mit der besonderen Bedeutung der Kernkraft fuer die franzoesische Stromversorgung ergeben sich hieraus aber erhebliche Marktoeffnungshemmnisse. Vor diesem Hintergrund und ausgehend von der historischen Entwicklung untersucht der Autor das geltende franzoesische Stromwirtschaftsrecht ueber alle Wertschoepfungsstufen hinweg in seinen Bezuegen zum EU-Recht.

  8. An international comparison of legal frameworks for supported and substitute decision-making in mental health services.

    Science.gov (United States)

    Davidson, Gavin; Brophy, Lisa; Campbell, Jim; Farrell, Susan J; Gooding, Piers; O'Brien, Ann-Marie

    2016-01-01

    There have been important recent developments in law, research, policy and practice relating to supporting people with decision-making impairments, in particular when a person's wishes and preferences are unclear or inaccessible. A driver in this respect is the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the implications of the CRPD for policy and professional practices are currently debated. This article reviews and compares four legal frameworks for supported and substitute decision-making for people whose decision-making ability is impaired. In particular, it explores how these frameworks may apply to people with mental health problems. The four jurisdictions are: Ontario, Canada; Victoria, Australia; England and Wales, United Kingdom (UK); and Northern Ireland, UK. Comparisons and contrasts are made in the key areas of: the legal framework for supported and substitute decision-making; the criteria for intervention; the assessment process; the safeguards; and issues in practice. Thus Ontario has developed a relatively comprehensive, progressive and influential legal framework over the past 30 years but there remain concerns about the standardisation of decision-making ability assessments and how the laws work together. In Australia, the Victorian Law Reform Commission (2012) has recommended that the six different types of substitute decision-making under the three laws in that jurisdiction, need to be simplified, and integrated into a spectrum that includes supported decision-making. In England and Wales the Mental Capacity Act 2005 has a complex interface with mental health law. In Northern Ireland it is proposed to introduce a new Mental Capacity (Health, Welfare and Finance) Bill that will provide a unified structure for all substitute decision-making. The discussion will consider the key strengths and limitations of the approaches in each jurisdiction and identify possible ways that further progress can be made in law, policy

  9. Judge-Only” Justice V. Collaborators: Introduction

    Directory of Open Access Journals (Sweden)

    Maria Cristina Reale

    2011-12-01

    Full Text Available Who and how many are the collaborators of judges? The answer may differ according to the perspective under which Justice is considered. In this introduction, and in the light of the papers submitted in the first session of the workshop, a distinction is proposed between “direct” and “indirect” collaborators of judges, according to the side of Justice observed. If Justice is confined simply to the classical function performed by courts, i.e. deciding cases according to the law, it seems quite obvious to remark that judges never act alone, since they normally benefit from the help of different kinds of assistants who, at different levels, help them in their daily work. But when paying attention to the facet of Justice concerning the concrete enforcement of decision, it becomes inevitable to take into account different categories of subjects involved in the “administration” of justice. Under this second perspective, justice is a matter for everyone: not only judges and prosecutors, but other professionals and bodies, including also Governments and other public institutions, since their decisions concerning, for example, human and material resources assigned to the judicial system have inevitably an impact on Justice considered as a public service. Lastly, the aptitude of the public opinion cannot be ignored: the degree of public satisfaction with the judicial system may influence the demand of justice as well as its material functioning. Accordingly, even common citizens could be seen as a very peculiar sort of “collaborators” of judges.

  10. Legal value of clinical competence and its certification

    Directory of Open Access Journals (Sweden)

    Antonino Zagari

    2013-03-01

    Full Text Available What is the legal value of the assessment and certification of professional skills and competence? The certification of skills can be defined as a process by which a third party gives written assurance that a person satisfies all requirements needed to operate to the highest professional standards in a specific field. Today, the certification of skill scan have a legal value in the context of professional responsibility when a judge has to assess the degree of expertise of a doctor who is under investigation for malpractice. From a legal point of view, it has some value regarding credits for professional appointments or career development within the state system. It is desirable that more and more both national and regional legislation should use the system of certification of skills through accredited third-parties to improve and assess the performance of professionals and the institutions and structures in which they operate. The system of certification of skills has to become part of the requirements for the accreditation of public and private facilities that provide services to the national health service. We believe that the certification of skills not only helps to recognize human intellectual capital, which is the main value of a healthcare organization, but also facilitates decisions about career paths and the construction of an effective training and study curriculum and portfolio.

  11. Autonomy and control of public bodies: legal and economic autonomy and parliamentary control on service provision by ZBOs

    NARCIS (Netherlands)

    de Kruijf, J.A.M.

    2011-01-01

    The study focuses on a particular group of arm’s length public service providers in the Netherlands, Zelfstandige Bestuursorganen [ZBO]. A ZBO provides authoritative services outside the hierarchical structure of government. Autonomy and control on ZBOs has been debated for some 30 years and has

  12. Civil Justice: Lay Judges in the EU Countries

    Directory of Open Access Journals (Sweden)

    Stefan Machura

    2016-06-01

    Full Text Available Lay judges fulfill important functions for the justice system of a country. In the European Union member states, scholars have analysed the use of lay judges in criminal cases. However, little is known about lay participation in civil justice. The paper introduces commonly cited reasons to have lay judges as well as the principal forms of lay participation and then surveys the EU countries for its implementation in civil cases. Mixed tribunals, involving lay judges under the leadership of a professional judge, are relatively frequent. Several countries have special labour courts or commercial courts with lay members and others have single lay judges, or all-lay judge panels. Roughly a third of the 28 EU member states have no lay participation in civil justice but only three of those have no lay judges in any branch of the courts. Almost all the reasons for including lay decision makers are served somehow by the existing forms, including providing different experiences and perhaps expert knowledge. The article concludes, citing non-EU states and lay participation in criminal and administrative courts as further evidence, that lay judges in one form or another are an element of European legal systems. Los jueces legos cumplen funciones importantes para el sistema de justicia de un país. En los Estados miembro de la Unión Europea, académicos han analizado el uso de jueces legos en casos criminales. Sin embargo, se sabe poco acerca de la participación de los legos en la justicia civil. El artículo presenta las razones que habitualmente se citan para tener jueces legos, así como las formas principales de la participación de legos, para a continuación medir su implementación en casos civiles en los países de la Unión Europea. Son relativamente frecuentes los tribunales mixtos, en los que participan jueces legos, bajo la dirección de un juez profesional. Varios países tienen tribunales laborales especiales o tribunales comerciales con

  13. Adjudication and Justification: To What Extent Should the Exluded Be Included in the Judge's Decision

    NARCIS (Netherlands)

    van Klink, B.M.J.; Mohammed, Dina; Lewiński, Marcin

    2016-01-01

    As follows from the Rule of Law, the judge has to justify her decision. In contemporary legal and social theory, it is argued that she should somehow give recognition to arguments and viewpoints that have been excluded from the final decision. In my paper, I will address the question why, to what

  14. Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen

    Directory of Open Access Journals (Sweden)

    Stephanie K. Boys

    2010-09-01

    Full Text Available Researchers have created a diverse toolbox of literature reporting that same sex cohabitating relationships are strikingly similar to heterosexual marriages in amicus curiae briefs submitted to the courts. However, judges are trained to fit information into legal frameworks and to ignore data that does not fit the rhetoric of a case. The following article aims to fit existing data on same sex relationships into the framework judges will use to decide whether same sex marriage can be prohibited. The primary precedent used to support same sex marriage is based on the analogy of a case prohibiting marriage discrimination based on race. The legal framework created by this case requires social work policy practitioners to frame research in terms of the evolution that has occurred in scientific understanding of same sex attraction and public opinion. A simple shift in the discourse used to frame the data can significantly impact whether judges listen.

  15. CDBG Public Services Activity

    Data.gov (United States)

    Department of Housing and Urban Development — CDBG activity related to public services, including senior services, legal services, youth services, employment training, health services, homebuyer counseling, food...

  16. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

    ... 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...

  17. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

    ... 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...

  18. Exploring the potential for joint training between legal professionals in the criminal justice system and health and social care professionals in the mental-health services.

    Science.gov (United States)

    Hean, Sarah; Heaslip, Vanessa; Warr, Jerry; Staddon, Sue

    2011-05-01

    Effective screening of mentally-ill defendants in the criminal court system requires cooperation between legal professionals in the criminal justice system (CJS), and health and social care workers in the mental-health service (MHS). This interagency working, though, can be problematic, as recognized in the Bradley inquiry that recommended joint training for MHS and CJS professionals. The aim of this study was to examine the experiences and attitudes of workers in the CJS and MHS to inform the development of relevant training. The method was a survey of mental-health workers and legal professionals in the court. The results showed that both agencies were uncertain of their ability to work with the other and there is little training that supports them in this. Both recognized the importance of mentally-ill defendants being dealt with appropriately in court proceedings but acknowledged this is not achieved. There is a shared willingness to sympathize with defendants and a common lack of willingness to give a definite, unqualified response on the relationship between culpability, mental-illness and punishment. Views differ around defendants' threat to security.Findings suggest there is scope to develop interprofessional training programs between the CJS and MHS to improve interagency working and eventually impact on the quality of defendants' lives. Recommendations are made on the type of joint training that could be provided.

  19. 32 CFR 727.6 - Functions of legal assistance officers.

    Science.gov (United States)

    2010-07-01

    ... accordance with good legal practice and the policies and guidance provided by the Judge Advocate General. (6... other matters requiring an educated ability to relate the general body and philosophy of law to a specified legal problem of a client. Guidance in this matter may be had from various official sources...

  20. 5 CFR 2421.9 - Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section...

  1. Imago iudicis, Four Images from the History of Ideas on Judging (Imago iudicis, štiri podobe iz idejne zgodovine sojenja

    Directory of Open Access Journals (Sweden)

    Aleš Novak

    2015-11-01

    Full Text Available The article traces the developing image of a judge in Western legal thought. It starts with the famous Montesquieu’s characterisation of a judge as “the mouth that pronounces the words of the law”. Despite our common intuition (that he was describing a Continental judge, he was, the author argues, in fact offering his best understanding of an English judge. His portrayal has to a large extent corresponded with the self-understanding an English judge of that time (and long afterwards surely held. Gradually, Montesquieu’s image of a judge became synonymous with formalistic approach to judging, triggering a backlash. The German Free Law Movement is perhaps the most influential embodiment of such a reaction. Arguing for the recognition of a creative aspect of judging, they relied on their understanding of a common law judge, which was then still at odds with the official self-image cultivated by English judges. In the next decades, the same disillusion with a mechanistic image of judging prevalent also in the United States gave rise to American Legal Realism. The Realists adopted the Free Law Movement agenda to an important extent, part and parcel with the conviction that judicial creativity is an innate characteristic of a judge’s role. It is this conviction that still occupies the centre of all modern theories on judicial decision-making.

  2. Judge nuclear on its merits

    International Nuclear Information System (INIS)

    Rogner, Hans-Holger; Toth, Ferenc L.; McDonald, Alan

    2010-01-01

    Nuclear power has very low greenhouse gas emissions and it has the largest mitigation potential at the lowest average cost in the energy supply sector. These are the merits on which nuclear power should be judged in climate change deliberations. Yet nuclear power is currently excluded from the Clean Development Mechanism (CDM) and Joint Implementation (JI). Such exclusion is not based on climate concerns. Clean Development Mechanism and JI are 2 'flexible mechanisms' included in the Kyoto Protocol to the United Nations Framework Convention on Climate Change to help countries meet their treaty-specified targets in limiting or reducing greenhouse gas emissions. Through the CDM, a country with a treaty-specified target can partly meet that target by investing in a project that cuts or eliminates greenhouse gases in a country without a treaty-specified target. Joint Implementation is the same thing except between countries that both have treaty-specified targets. Nuclear power projects are explicitly excluded from consideration under both the CDM and JI. The underlying concerns about nuclear power are that it could be unsafe, uneconomic, or associated with weapons production. But negotiations on climate change are not the appropriate forum to deal with any of these concerns. The UN Commission on Sustainable Development has concluded that although countries disagree on the role of nuclear power in sustainable development, 'the choice of nuclear energy rests with countries'. It is not for climate change agreements to remove that choice. The best chance for sustainable development lies in allowing those future generations to make their own decisions about energy supply options, and allowing these options to compete on a level playing field. (orig.)

  3. 8 CFR 1240.1 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Removal Proceedings § 1240.1 Immigration judges. (a) Authority. (1) In any removal proceeding pursuant to section 240 of the Act, the... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.1 Section 1240.1...

  4. Does Judge Turnover Affect Judicial Performance?

    DEFF Research Database (Denmark)

    Guerra, Alice; Tagliapietra, Claudio

    2017-01-01

    Italy is among the countries with the highest litigation rate and those with the highest duration of trials. This article shows that judge turnover contributes negatively to delays in Italian courts and outlines possible policies for improvement. In Italy, judges can voluntarily move from one off...

  5. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    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....

  6. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    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...

  7. National Systematic Legal Review of State Policies on Emergency Medical Services Licensure Levels' Authority to Administer Opioid Antagonists.

    Science.gov (United States)

    Kinsman, Jeremiah M; Robinson, Kathy

    2018-02-27

    Previous research conducted in November 2013 found there were a limited number of states and territories in the United States (US) that authorize emergency medical technicians (EMTs) and emergency medical responders (EMRs) to administer opioid antagonists. Given the continued increase in the number of opioid-related overdoses and deaths, many states have changed their policies to authorize EMTs and EMRs to administer opioid antagonists. The goal of this study is to provide an updated description of policy on EMS licensure levels' authority to administer opioid antagonists for all 50 US states, the District of Columbia (DC), and the Commonwealth of Puerto Rico (PR). State law and scopes of practice were systematically reviewed using a multi-tiered approach to determine each state's legally-defined EMS licensure levels and their authority to administer an opioid antagonist. State law, state EMS websites, and state EMS scope of practice documents were identified and searched using Google Advanced Search with Boolean Search Strings. Initial results of the review were sent to each state office of EMS for review and comment. As of September 1, 2017, 49 states and DC authorize EMTs to administer an opioid antagonist. Among the 40 US jurisdictions (39 states and DC) that define the EMR or a comparable first responder licensure level in state law, 37 states and DC authorize their EMRs to administer an opioid antagonist. Paramedics are authorized to administer opioid antagonists in all 50 states, DC, and PR. All 49 of the US jurisdictions (48 states and DC) that define the advanced emergency medical technician (AEMT) or a comparable intermediate EMS licensure level in state law authorize their AEMTs to administer an opioid antagonist. 49 out of 52 US jurisdictions (50 states, DC, and PR) authorize all existing levels of EMS licensure levels to administer an opioid antagonist. Expanding access to this medication can save lives, especially in communities that have limited

  8. [Extended medical services to the inpatient sector--"medical services on individual demand" in the hospital. General legal conditions, 10 basic rules, and practical examples].

    Science.gov (United States)

    Kersting, Thomas; Pillokat, Alexander

    2006-01-01

    Today, extended medical services--previously known in the context of ambulant healthcare provision or plastic surgery only--are increasingly being offered by hospitals. Hospitals have started to offer these services with good reason: in times of budgetary restraints they want to exploit this emerging new market due to economic necessities and they try to meet rising demands from patients. It is not easy to draw the line between special (extended) medical services and general hospital services. These different categories need to be kept apart, though. Special contracts for these specific extended medical services have to be entered into by hospital and patient in any case where the hospital wants to charge him later on. Different preconditions are to be considered with patients insured by statutory health insurance companies and privately insured patients. The price of extended medical services must be carefully calculated and, in particular, has to be related to the price charged from patients insured via statutory health insurance. Attention should also be paid to other aspects such as taxes, liability law, and hospital subsidisation. The present article presents some basic rules for offering extra medical services in a hospital.

  9. The Value of 4-H Judging Teams--Missouri Dairy Judging Alumni Survey

    Science.gov (United States)

    Deaver, Karla; Probert, Ted

    2016-01-01

    Former Missouri 4-H Dairy Judging Team members responded to a survey about life skills development and the value of the judging team experience. Results of the survey indicate that judging team experience was highly influential in the development of communication, public speaking, and presentation skills. Respondents also indicated that judging…

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

    Science.gov (United States)

    Cappon, Leen

    2016-01-01

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

  11. The "Legal Aversion to Changes" State in Touching the Model Manager of Public Security National: Advances and Challenges in the Provision of Public Service Security in Brazil

    Directory of Open Access Journals (Sweden)

    Guilherme Barbosa da Silva

    2015-12-01

    Full Text Available Regarding the national public security, it is stated that current conventional models managers can no longer deal effectively with the escalation of violence and crime in order to push forward the need for broader changes in contemporary social life, to account the complexity and fragmentation of social reality of Brazilian public security. For proper delivery of public security service, it is necessary for the election of a committed and effective public security policy that must be consistently held, focusing on effective social pacification of conflicts; so that the repressive paradigm should be finally left side; splitting thus entitled to the "legal aversion to change " state with regard to national public security, since not just the mere transmission of a false sense of security to society through reinvestment in the current model reactive-repressive manager - with increasing repression State - without detailed examination of the whole issue of social conflicts, which must first of all examine in a general way factors such as criminal policy so far adopted, the current focus of the provision of public safety services made available to the population and the its effectiveness to thus - through analysis engaged with current social reality, and, using the literature and the deductive-inductive method - propose new public safety managers paradigms that are consistent with a sustainable model of "law and policy" committed to an effective social pacification of conflicts.

  12. Women's reports on postabortion family-planning services provided by the public-sector legal abortion program in Mexico City.

    Science.gov (United States)

    Becker, Davida; Díaz Olavarrieta, Claudia; Garcia, Sandra G; Harper, Cynthia C

    2013-05-01

    To investigate patients' views of family-planning services provided in Mexico City during abortion care at public facilities and their acceptance of postabortion contraception. In total, 402 women seeking first-trimester abortion care in Mexico City were surveyed. Logistic regression was used to test whether postabortion contraception varied according to abortion visit characteristics or patient sociodemographics. Most participants (328 [81.6%]) reported being offered contraception at their visit and 359/401 (89.5%) selected a contraceptive method for postabortion use, with 236/401 (58.9%) selecting an intrauterine device. Women who underwent surgical abortion were more likely than those who underwent medical abortion to report being offered contraception (PMexico City provide a high level of postabortion family-planning care, and uptake of postabortion contraception is high. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  13. 4 CFR 28.22 - Administrative judges.

    Science.gov (United States)

    2010-01-01

    .... Administrative judges shall conduct fair and impartial hearings and take all necessary action to avoid delay in...; (8) Require the filing of memoranda of law and the presentation of oral argument with respect to any...

  14. 20 CFR 901.43 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Administrative Law Judge. 901.43 Section 901... Termination of Enrollment § 901.43 Administrative Law Judge. (a) Appointment. An administrative law judge... Administrative Law Judge. Among other powers, the Administrative Law Judge shall have authority, in connection...

  15. 22 CFR 128.2 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Administrative Law Judge. 128.2 Section 128.2... § 128.2 Administrative Law Judge. The Administrative Law Judge referred to in this part is an Administrative Law Judge appointed by the Department of State. The Administrative Law Judge is authorized to...

  16. Domestic Violence Protective Orders: A Qualitative Examination of Judges' Decision-Making Processes.

    Science.gov (United States)

    Agnew-Brune, Christine; Beth Moracco, Kathryn E; Person, Cara J; Bowling, J Michael

    2015-06-17

    Approximately one in three women in the United States experience intimate partner violence (IPV). IPV is associated with long-term negative health consequences; therefore, there is a need to examine potential prevention strategies. Evidence suggests that domestic violence protective orders (DVPOs), a legal intervention that prevents contact between two parties for up to 12 months, are an effective secondary prevention tool. However, because judges have relative autonomy in granting or denying DVPOs, research is needed to examine the processes they use to guide their decisions. The aim of the study was to investigate how District Court judges decide whether to issue a DVPO. Using in-depth interviews with 20 North Carolina District Court judges, the present study addressed three research questions: (a) what factors influence judges' decisions to grant or deny a DVPO, (b) what heuristics or cognitive shortcuts potentially guide their decisions, and (c) what judges worry about when making decisions. Three themes emerged from the data analyses: (a) violent incidents must reach a certain threshold, (b) the presence of children creates competing concerns, and (c) judges worry about the negative impact their decisions may have on the lives of those involved. Recommendations for improving the DVPO issuance process are also discussed. © The Author(s) 2015.

  17. CASE COMMENT ON NATIONAL LEGAL SERVICES AUTHORITY V. UNION OF INDIA & OTHERS (AIR 2014 SC 1863: A RAY OF HOPE FOR THE LGBT COMMUNITY

    Directory of Open Access Journals (Sweden)

    M.K. Sahu

    2016-01-01

    Full Text Available The lives of human beings are full of complexities, but LGBT face much more trauma compared to other people. What is necessary is to understand the sentiments of the LGBT community and also to grant them common human rights. But the world lowers its eyes and refuses a discussion over the granting of basic human rights to the LGBT community. And it is so sad to see that such discrimination exists even in the 21st century. Indian law, on the whole, only recognizes the paradigm of the binary genders of male and female, based on a person’s sex assigned at birth, which permits a gender system, including the laws relating to marriage, adoption, inheritance, succession and taxation, and welfare legislation. The most pertinent question with respect to the LGBT community is whether LGBT are to be discriminated against by other human beings. Merely being different does not give others the authority to ostracize one from society. In fact, in July 2009 the Delhi High Court ruled that consensual same-sex relations between adults in private could not be criminalized. Then in a recent judgment, the Supreme Court of India expressed its concerns over the mental trauma, emotional agony and pain of the members of the transgender community: all forms of mental suffering of the LGBT community, as well as ignorance and isolation of the community, were brought to an end by the Court’s decision in National Legal Services Authority v. Union of India & Others.

  18. Denial of abortion in legal settings

    OpenAIRE

    Gerdts, Caitlin; DePi?eres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2014-01-01

    Background Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. Methods In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic ...

  19. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    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...

  20. Disciplinary Responsibility Of Judges And Judicial Employees In England And Wales

    Directory of Open Access Journals (Sweden)

    Yury M. Filippov

    2014-09-01

    Full Text Available Present article is devoted to the topical issues of the judges and judicial employees’ disciplinary responsibility in England and Wales after the adoption of the Constitutional Reform Act and creation of the new disciplinary bodies. Present article contains a short analysis of the mechanism of professional and ethical standards among judges and magistrates of England and Wales maintenance, possible conflict of interests settlement and questions of conduct in the need of disciplinary trial. Author consider features of the lord powers - chancellor in the questions of bringing judges and magistrates to the disciplinary responsibility, interaction of the Lord Chancellor with the Lord - Supreme Judge and the Ministry of Justice in the questions of the disciplinary investigations organization and conduct. At the same time author considers an aspect that responsibility before the civil society has an informal character and doesn't assume carrying out any trial. At the same time possibility of judge's and court's employees behavior discussion by public organizations and associations and also in press is a usual practice. In the conclusion author notes that to the number of features of English model of the disciplinary responsibility of judges and judicial employees it is necessary to include active participation of public authorities in the process of trial on the complaints in regard to actions of judges and judicial employees (Ministry of Justice is authorized to conduct such trials, the dual legal nature of such decision on the complaint which is taken out not only on behalf of the judicial community, but also a name of the Lord Chancellor appointed by the Parliament, general procedure of the judge's and worker's of courts, and also coroners accountability.

  1. Penal mediation service in a Basque urban local court

    Directory of Open Access Journals (Sweden)

    Ixusko Ordeñana Gezuraga

    2011-12-01

    Full Text Available In the debate on ways to obtain justice, the writer, lecturer of Jurisdictional Law -the branch of Law that studies the performance of judges in exercising their judicial function-, defends strongly, in line with the global movement Alternative Dispute Resolution (ADR, that jurisdiction -understanding this one as judges that act in Spanish courts and the function that the latter develop there-, is not the only mechanism for resolving legal disputes. It is not the only way citizens have to obtain justice. Neither the only mechanism that recognizes and provides the State in order to. This statement can be specifically applied to criminal disputes, to crimes or offenses and misdemeanours. Developing this idea, next lines we intend to study in depth penal mediation as extrajurisdictional formula or way to solve penal disputes. After looking at its genesis, basis and development in the Spanish legal system, we are analyzing how a penal mediation service works in a Basque urban local court.

  2. Judge rules HIV may be grounds for reduction in prison sentence.

    Science.gov (United States)

    1995-09-08

    A Federal judge in Ohio set precedent in August of 1995 when she ruled that a criminal defendant with symptomatic HIV disease is eligible for a reduced sentence because AIDS is considered an extraordinary physical impairment. The ruling does not apply to symptom-free HIV-positive defendants. The defendant, [name removed], remained in Federal prison because he had no other access to medical care. The judge used Section 5H1.4 of the sentencing guidelines to take advanced HIV disease into account for reducing his sentence. Lambda Legal Defense and Education Fund officials, encouraged by the judge's ruling, suggest that defense lawyers rely not solely on an AIDS diagnosis, but also on medical testimony, to reduce a client's sentence.

  3. Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

    This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

  4. The Effects of the Shortage of Judges in Israel

    Directory of Open Access Journals (Sweden)

    Limor Zer-Gutman

    2017-12-01

    Full Text Available In Israel the shortage of judges that has worsened over the years has led to a serious deterioration in the operation of Israel's judicial system. The article is ascertaining the intensity of the shortage by using international comparisons and comparing the rate of growth in the number of judges with the rate of growth of the general population. The article further describes the three main areas affected by the shortage. The first area is the judicial system itself where the shortage is the primary determinant of the delay and what the public often perceives as procrastination plaguing Israeli courts. Second area affected is due process- the shortage has led, in tandem with other factors, to inefficiency in the judicial system, compelling it, most prominently in the last decade or so, to be "innovative," that is, introduce procedures devoid of any legal footing. Third area affected are judges themselves. En Israel, la escasez de jueces, que se ha agravado con los años, ha provocado un grave deterioro de la operatividad del sistema judicial israelí. Este artículo corrobora la intensidad de esa escasez utilizando comparaciones internacionales y estableciendo un parangón entre el ritmo en el aumento del número de jueces y el ritmo del crecimiento de la población. Además, el artículo describe las tres áreas principales afectadas por la escasez. La primera es el propio sistema judicial, ya que la escasez es el determinante principal del retraso judicial y de lo que el público a menudo percibe como la procrastinación que invade los juzgados israelíes. La segunda área es el proceso legal debido –la escasez, junto con otros factores, ha provocado la ineficiencia del sistema judicial, empujándolo, sobre todo en la última década, a ser cada vez más "innovador", esto es, a introducir procedimientos carentes de base jurídica alguna. La tercera área afectada son los propios jueces. DOWNLOAD THIS PAPER FROM SSRN: https

  5. Reactor power distribution pattern judging device

    International Nuclear Information System (INIS)

    Ikehara, Tadashi.

    1992-01-01

    The judging device of the present invention comprises a power distribution readout system for intaking a power value from a fuel segment, a neural network having an experience learning function for receiving a power distribution value as an input variant, mapping it into a desirable property and self-organizing the map, and a learning date base storing a plurality of learnt samples. The read power distribution is classified depending on the similarity thereof with any one of representative learnt power distribution, and the corresponding state of the reactor core is outputted as a result of the judgement. When an error is found in the classified judging operation, erroneous cases are additionally learnt by using the experience and learning function, thereby improving the accuracy of the reactor core characteristic estimation operation. Since the device is mainly based on the neural network having a self-learning function and a pattern classification and judging function, a judging device having a human's intuitive pattern recognition performance and a pattern experience and learning performance is obtainable, thereby enabling to judge the state of the reactor core accurately. (N.H.)

  6. 45 CFR 400.115 - Establishing legal responsibility.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

  7. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

    Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they

  8. 28 CFR 0.117 - Office of Chief Immigration Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Office of Chief Immigration Judge. 0.117... Executive Office for Immigration Review § 0.117 Office of Chief Immigration Judge. The Chief Immigration Judge shall provide general supervision to the Immigration Judges in performance of their duties in...

  9. Gymnastic Judges Benefit from Their Own Motor Experience as Gymnasts

    Science.gov (United States)

    Pizzera, Alexandra

    2012-01-01

    Gymnastic judges have the difficult task of evaluating highly complex skills. My purpose in the current study was to examine evidence that judges use their sensorimotor experiences to enhance their perceptual judgments. In a video test, 58 judges rated 31 gymnasts performing a balance beam skill. I compared decision quality between judges who…

  10. 22 CFR 1421.8 - Administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... Law Judge to conduct a hearing in cases under 22 U.S.C. 4115, and such other matters as may be... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Administrative law judge. 1421.8 Section 1421.8... TERMS AS USED IN THIS SUBCHAPTER § 1421.8 Administrative law judge. Administrative law judge means the...

  11. 49 CFR 386.54 - Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations...

  12. 5 CFR 930.211 - Actions against administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... against administrative law judges. (b) Status during removal proceedings. In exceptional cases when there... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Actions against administrative law judges...) Administrative Law Judge Program § 930.211 Actions against administrative law judges. (a) Procedures. An agency...

  13. 5 CFR 1201.125 - Administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... warrant removal, the administrative law judge will issue a recommended decision to the Board in accordance... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative law judge. 1201.125... § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action...

  14. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

    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.

  15. Film as Film; Understanding and Judging Movies.

    Science.gov (United States)

    Perkins, V. F.

    The criteria for judging movies which are presented here are based on the belief that film criticism becomes rational, if not "objective", when it displays and inspects the nature of its evidence and the bases of its arguments. The author dissents from the view of early film theorists that montage is the essence of cinema, and that cinema is to be…

  16. Waiver Process Places Judges in Pivotal Role

    Science.gov (United States)

    McNeil, Michele

    2011-01-01

    Although U.S. Secretary of Education Arne Duncan ultimately decides which states get relief from key requirements of the No Child Left Behind Act, a group of outside judges will wield tremendous influence in deciding states' fates. With states facing compliance deadlines under the law and Congress moving slowly on reauthorizing the Elementary and…

  17. Federal Judge Orders Showing of Controversial Film.

    Science.gov (United States)

    Flygare, Thomas J.

    1987-01-01

    Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…

  18. The "Little Rascals" Cases: A Judge's Perspective.

    Science.gov (United States)

    Reichard, Ruth D.

    1994-01-01

    The Little Rascals Day Care Center case is examined from a judge's perspective, with particular attention to docketing concerns for child sex abuse cases, the use of interdisciplinary teams, the "court school" approach, and issues related to ensuring the defendants are receiving their constitutional right to a speedy trial. (JPS)

  19. Judging the Ability of Friends and Foes.

    Science.gov (United States)

    Cook, Jennifer L; Murphy, Jennifer; Bird, Geoffrey

    2016-10-01

    Collaboration leads us to judge our own ability to be more similar to our collaborators and their ability to be more similar to our own, while competition leads us to exaggerate the gap between our abilities. How does this happen and what does it mean? Copyright © 2016 Elsevier Ltd. All rights reserved.

  20. How Do Raters Judge Spoken Vocabulary?

    Science.gov (United States)

    Li, Hui

    2016-01-01

    The aim of the study was to investigate how raters come to their decisions when judging spoken vocabulary. Segmental rating was introduced to quantify raters' decision-making process. It is hoped that this simulated study brings fresh insight to future methodological considerations with spoken data. Twenty trainee raters assessed five Chinese…

  1. 8 CFR 1240.41 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Proceedings To Determine Deportability of Aliens in the United States: Hearing and Appeal (for Proceedings Commenced Prior to April 1... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.41 Section 1240.41...

  2. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    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...

  3. Seven Theses on Spanish Justice to understand the Prosecution of Judge Garzón

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2011-12-01

    Full Text Available Judges may not decide cases as they wish, they are subject to the law they are entrusted to apply, a law made by the legislator (heteronomy. But in doing so, they do not take any instruction from any other power or instance (independence or autonomy. Sometimes, they apply the law of the land taking into account the norms and principles of other, international, supranational, even transnational systems. In such cases, again, they perform a delicate balance between autonomy (domestic legal order and domestic culture of legal interpretation and heteronomy (external legal order and culture of interpretation. There are common shared aspects of Justice in the Member States of the EU, but, this contribution explores some, perhaps the most salient, features of Spanish Justice in this wider European context. They are not exclusive to Spain, but they way they combine and interact, and their intensity is quite uniquely Spanish. These are seven theses about Justice in Spain.

  4. The legal status of Uncertainty

    Science.gov (United States)

    Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

    2011-03-01

    An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

  5. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

    Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.

    Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.

    One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.

    The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing

  6. 78 FR 25537 - Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge...

    Science.gov (United States)

    2013-05-01

    ... issued by the Professional Responsibility Committee of general interest to the DoN legal community to be... citizen who has a special responsibility for the quality of justice and legal services provided to the DoN... attorney's responsibility for false evidence presented by a client, witness, or the attorney. Procedural...

  7. Labour Market Interactions Between Legal and Illegal Immigrants

    OpenAIRE

    Epstein, Gil S

    2000-01-01

    This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

  8. Labor Market Interactions Between Legal and Illegal Immigrants

    OpenAIRE

    Epstein, Gil S.

    2000-01-01

    This paper looks at the situation of legal immigrants who employ illegal immigrants to provide them with various services. This enables the legal immigrants to allocate more time to other work, thereby increasing their earnings. Illegal immigrants employed by legal immigrants may specialize in certain professions and may themselves employ other illegal immigrants. An economy is evolving whose sole purpose is the provision of services by illegal immigrants for legal immigrants.

  9. Women Judges and Women’s Rights in Pakistan

    Directory of Open Access Journals (Sweden)

    Livia Holden

    2017-12-01

    Full Text Available Although the first appointment of women judges in Pakistan dates back to 1974, the massive appointment of “lady judges” in the past decade has caused a jump in female representation in the judiciary to more than one third – a quiet move that sends a message of adherence to the principle of gender equality as per the international treaties to which Pakistan is signatory. By investigating the everyday interactions and preoccupations of women-judges in their daily management of justice, this paper explores the socio-legal reception of the human rights discourse from the perspective of the female judges. The challenge in this scenario lies, on the one hand, in whether this change will be only formal or will also lead to substantial and accountable justice and, on the other hand, how the global agenda impacts local expectations and conceptualizations of rights within and beyond the state. A pesar de que la designación de juezas en Pakistán se remonta a 1974, la significativa designación de "señoras juezas" en la pasada década ha provocado que la representación de las mujeres en la judicatura haya pasado a más de un tercio en juzgados de familia -un cambio silencioso que envía un mensaje de adhesión al principio de igualdad de sexos consagrado por los tratados internacionales de los que Pakistán es firmante. Mediante la investigación de las interacciones y preocupaciones cotidianas de las juezas en su gestión habitual de la justicia, este artículo analiza la recepción sociojurídica del discurso de los derechos humanos desde la perspectiva de las mujeres que ejercen la judicatura. En tal estado de cosas, cabe preguntarse si este cambio se limitará a las formas o si, por el contrario, alcanzará a la justicia sustancial y comprobable. Los hallazgos permiten también elucidar la forma en que la agenda global afecta las expectativas y conceptos locales sobre los derechos, dentro y fuera del estado. DOWNLOAD THIS PAPER FROM SSRN

  10. Judging scandal: standards or bias in politics.

    Science.gov (United States)

    Solomon, Erin D; Hackathorn, Jana M; Crittendon, David

    2018-03-22

    As the number of political scandals rises, we examined the circumstances that might influence how a politician would be judged as a result of a scandal. Specifically, we hypothesized that ingroup bias theory and shifting standards theory would produce different patterns of judgements. In two studies, we found support for the ingroup bias theory, such that participants rated the fictitious politician's public approval and perceived character as higher if the politician was a member of their own political party (i.e. their ingroup) than if the politician was a member of the another political party (i.e. their outgroup). These results may explain, in part, why people may judge politicians involved in scandal more or less harshly depending on whether they are an ingroup member or outgroup member.

  11. [Legal aspects of geriatric rehabilitation].

    Science.gov (United States)

    Klie, T

    1992-01-01

    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.

  12. What Motivates Public Support for Legally Mandated Mental Health Treatment?

    Science.gov (United States)

    Watson, Amy C.; Corrigan, Patrick W.; Angell, Beth

    2005-01-01

    The use of legal coercion to compel individuals to participate in mental health treatment is expanding despite a lack of empirical support for many of its forms. Policies supporting mandated treatment are made by legislators and judges, often based on perceptions of public concern. Using data from the MacArthur Mental Health Module contained in…

  13. Practical skills of rhythmic gymnastics judges.

    Science.gov (United States)

    Fernandez-Villarino, Maria A; Bobo-Arce, Marta; Sierra-Palmeiro, Elena

    2013-12-18

    The aim of this study was to analyze the practical skills of rhythmic gymnastics judges and to identify how their degree and experience influence the assessment of these skills. Sixty one rhythmic gymnastics judges participated in the study. A questionnaire was used for data collection. This tool was composed of 28 questions and divided into six categories: identification, experience, initial training, continuing education, skills and training needs. The results suggest that the most valued skills are those related to the sport's technical parameters and the ability to adapt to any level of competition with self-confidence and self-assuredness. Significant differences were found regarding the variables for: the ability to communicate (p = 0.002) and for the ability to observe, identify and register performance (p = 0.005). The results showed that experience was not a decisive factor in assessing skills. This study thus presents evidence that rhythmic gymnastics judges must implement and optimise a set of skills that contribute to the effectiveness of the assessment process. These findings might help in the design of programs and training models that contribute to effective professional development.

  14. Copyright, the Internet, and Other Legal Issues.

    Science.gov (United States)

    Gasaway, Laura N.

    1998-01-01

    Copyright and other intellectual property issues have dominated discussions of legal issues surrounding the Internet. There are other issues of considerable importance that also attract attention. Five legal issues affecting the Internet are addressed: copyright, online service-provider liability, database protection, obscenity, and privacy. Cited…

  15. 21 CFR 120.9 - Legal basis.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 2 2010-04-01 2010-04-01 false Legal basis. 120.9 Section 120.9 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) FOOD FOR HUMAN CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis...

  16. Separate Opinion and their repercussion over the independence of the international judge

    Directory of Open Access Journals (Sweden)

    Jiří Malenovský

    2011-01-01

    Full Text Available Significant discrepancies in the determination of the scope of the obligation of secrecy of deliberations by various international tribunals have led to the fact that some international judges are endowed with the right to a separate opinion, while others do not enjoy it. Taking into account the role and missions of the international judiciary, international judges should be given a right to separate opinions, like common law judges and many constitutional judges. Nevertheless, such analogies played only a marginal role in the preparatory works on the Statute of the Permanent Court of International Justice in 1920. Indeed, it seemed politically unacceptable to the States that the legal opinion of an international judge, personifying them and their sovereign power within the court, should be condemned to anonymity by virtue of the principle of secrecy of deliberations, due only to the "technical" fact that such an opinion has been outweighed by the majority at the moment of voting on the draft judgment. There is a permissive rule of general International Law guaranteeing an autonomous power to the international judiciary to lay down, in the rules of procedure of any international court, the right to separate opinion, even if such a right is not expressly provided for by its statute or other constituting treaty. The aforementioned rule is presumed to apply unless it can be deduced from the behaviour of the founding States that they wished to derogate from it. The right to separate opinions can also be analysed from the perspective of judges' right to freedom of expression. In accordance with this freedom, an international judge can feel free to demonstrate systematically, in the form of separate opinions, the intellectual weaknesses of the majority views and reasoning, subject to avoiding offensive style and formulations. Such a form of expression is presumed to cause no harm to the authority of the judiciary. If some positive effects of absence

  17. Legal liability and workplace violence.

    Science.gov (United States)

    Brakel, S J

    1998-01-01

    Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results.

  18. Application towards the Concept of Rechtsvinding and Rechtsschepping by the Judges in Deciding a Case

    Directory of Open Access Journals (Sweden)

    Harifin A. Tumpa

    2015-08-01

    Full Text Available The judge may not refuse to examine and to decide a case which has been submitted to the court despite having unclear or non-existent legal pretext. The judge are expected to be able to explore values and sense of justice that grows and embodies the community as the living law. The concept of justice here is not the outcome by the human intellectualism, but rather from his/her own spirit. A justice could not exist or be born from a mere theory, because justice is naturally born from the deepest conscience of a judge who is also a human being. A person’s conscience can not come in sudden, but was born through the process, practice or habit. Either legal finding (Rechtsvinding or the creation of law (rechtsschepping should be used in providing justice for litigants as follows: First, in absence of the relevant rules within the existing legislation. Second, regulated by the law but insufficiently clear and contain multi-interpretations. Third, regulated by the law but no longer meet the public sense of justice (out of date. Fourth, based on a jurisprudence or an expert opinion.

  19. 78 FR 64249 - Notice of Intent To Award-Grant Awards for the Provision of Civil Legal Services to Eligible Low...

    Science.gov (United States)

    2013-10-28

    ... reflect the most current information available, i.e., 100% implementation of ACS 2009- 2011 poverty... Society, VA-17 783,175 Inc.. Washington Northwest Justice Project..... MWA 672,661 Northwest Justice Project..... NWA-1 263,092 Northwest Justice Project..... WA-1 4,969,119 West Virginia Legal Aid of West...

  20. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    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....

  1. Judicial Review--How Judges Decide.

    Science.gov (United States)

    Update on Law-Related Education, 1990

    1990-01-01

    Presents a role play that involves students in applying the U.S. Constitution to a case in which a school is accused of violating civil rights. Gives the facts and the issues of the case, as well as precedents of Supreme Court decisions. Encourages the students to make decisions based on legal principles. (NL)

  2. The Prominent Role of National Judges in Interpreting the International Definition of Human Trafficking

    Directory of Open Access Journals (Sweden)

    Luuk B Esser

    2016-05-01

    Full Text Available Although there has been much discussion of the scope of the concept of human trafficking in international literature, the part played by national courts in interpreting definitions based on the international definition of human trafficking in the UN Trafficking Protocol has received little attention. When a judge interprets an offence, he or she clarifies or adds new meaning to it. The space for this is even greater when the underlying definition is broadly formulated, as in the case of the international definition of human trafficking. This article demonstrates that, although this international definition establishes the outer parameters within which conduct must be made a criminal offence, domestic courts still have room to flesh out the definition in national contexts. The role of national judges needs more consideration in today’s discourse on the legal definition of human trafficking.

  3. BVA members wow judges in photo competition.

    Science.gov (United States)

    2016-09-03

    Earlier this year, BVA ran its inaugural photo competition, giving members the opportunity to showcase the work of the veterinary profession and the animals and wildlife they encounter. Standing out from over 400 high-quality entries, judges picked the images reproduced in this month's BVA News as the winning and highly commended photos. To see all the entries and hear from the winners, visit www.bva.co.uk/vet-photos-2016/. There will be another photo competition in 2017 with more categories to be announced. British Veterinary Association.

  4. 5 CFR 1201.112 - Jurisdiction of judge.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Jurisdiction of judge. 1201.112 Section... AND PROCEDURES Procedures for Appellate Cases Final Decisions § 1201.112 Jurisdiction of judge. (a) After issuing the initial decision, the judge will retain jurisdiction over a case only to the extent...

  5. 29 CFR 101.11 - Administrative law judge's decision.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision. 101.11 Section 101.11... Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases § 101.11 Administrative law judge's decision. (a) At the conclusion of the hearing the administrative law judge prepares a...

  6. 31 CFR 15.737-19 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 15.737-19... CONFLICT OF INTEREST Administrative Enforcement Proceedings § 15.737-19 Administrative Law Judge. (a) Appointment. An Administrative Law Judge appointed as provided by 5 U.S.C. 3105 (1966), shall conduct...

  7. 14 CFR 302.17 - Administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Administrative law judges. 302.17 Section... Evidentiary Hearing Proceedings § 302.17 Administrative law judges. (a) Powers and delegation of authority. (1) An administrative law judge shall have the following powers, in addition to any others specified in...

  8. 31 CFR 8.62 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 8.62... BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Disciplinary Proceedings § 8.62 Administrative Law Judge. (a) Appointment. An Administrative Law Judge, appointed as provided by 5 U.S.C. 3105, shall conduct proceedings...

  9. Judging Anomalies at the 2010 Olympics in Men's Figure Skating

    Science.gov (United States)

    Looney, Marilyn A.

    2012-01-01

    The purpose of this study was to determine if the 2010 Olympic figure skating judges had trouble scoring Plushenko and the transitions program component, and if the International Skating Union's (ISU) "corridor" method flagged the same judging anomalies as the Rasch analyses. A 3-facet (skater by program component by judge) Rasch rating…

  10. 8 CFR 235.6 - Referral to immigration judge.

    Science.gov (United States)

    2010-01-01

    ... immigration judge may consider eligibility for withholding of removal pursuant to section 241(b)(3) of the Act... judge determines that an alien in expedited removal proceedings has a credible fear of persecution or... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Referral to immigration judge. 235.6...

  11. 8 CFR 1235.6 - Referral to immigration judge.

    Science.gov (United States)

    2010-01-01

    ... immigration judge may consider eligibility for withholding of removal pursuant to section 241(b)(3) of the Act... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Referral to immigration judge. 1235.6... IMMIGRATION REGULATIONS INSPECTION OF PERSONS APPLYING FOR ADMISSION § 1235.6 Referral to immigration judge...

  12. 29 CFR 417.6 - Powers of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Powers of Administrative Law Judge. 417.6 Section 417.6... Administrative Law Judge. The designated Administrative Law Judge shall have authority: (a) To give notice... reschedule hearings for good cause shown; (l) To consider and decide procedural matters; (m) To take any...

  13. 43 CFR 4.1121 - Powers of administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Powers of administrative law judges. 4... Evidentiary Hearings § 4.1121 Powers of administrative law judges. (a) Under the regulations of this part, an administrative law judge may— (1) Administer oaths and affirmations; (2) Issue subpoenas; (3) Issue appropriate...

  14. Psychological Peculiarities of Judge Professional Activity and Decision-Making

    Science.gov (United States)

    Uspanov, Zholdybai T.; Turabayeva, Dana S.

    2016-01-01

    The article considers the psychological peculiarities of judge professional activity and decision-making, judge's mental set and requirements to ethical and moral requirements and quality. Moreover, this work offers original job analysis and competency model of judge professional activity. The authors have studied the problems concerning the…

  15. 31 CFR 585.517 - Exportation of certain legal services to the Government of, or persons in, the FRY (S&M).

    Science.gov (United States)

    2010-07-01

    ... to the Government of, or persons in, the FRY (S&M). 585.517 Section 585.517 Money and Finance... persons in, the FRY (S&M). (a) The provision to the Government of the FRY (S&M), or to a person in the FRY... Government of the FRY (S&M) or to a person in the FRY (S&M): (1) Provision of legal advice and counselling to...

  16. The economic opportunity of energy efficiency. An overview of the legal and regulatory framework, programs and energy services evaluation in Europe and in Portugal and of the possible implementation of the present proposal on the energy services directive

    Energy Technology Data Exchange (ETDEWEB)

    Vasconcelos, F

    2004-11-01

    The economic development requires a bigger access to energy sources, which amplifies energy demand. In Portugal, the increase energy demand allied to an economic development and scarce endogenous energy sources allows us to conclude that this will be a critical issue in a near future. While effective market forces and good information can accelerate energy efficiency improvements, market failures and barriers can inhibit efficiency gains. In such cases, certain government interventions may be useful in focusing market interest on energy efficiency. These include codes, standards, voluntary agreements, special financing arrangements and clustering small projects into investment portfolios. Although much attention has been given to the potential strategic role of renewable energy, increased end-use efficiency offers comparable if not greater near-term potential. Furthermore, it also generally less expensive per unit of energy saved than is an incremental unit of new energy supply (whether it is renewable or fossil-based). Thus, increased end-use efficiency investment is consistent with sound business practices. The implementation of the IEM and IGM was the way found to reduce efficiency barriers in the supply side but the demand side remained forgotten. However, full economic and environmental efficiency can only be achieved by including the demand-side into the competition and developing an Internal Market for energy services and programmes. The analysis of the energy policy, a strategy and economics of DSM activities is one of the actual subjects in the sector and that interest to all actors at the market. In this report we analyse the evolution and the consumption energy trends in some European countries, establishing when possible the link with Portugal. We also describe 'driving forces' of the energy consumption in the Europe and identify the legal and regulatory frame of this problem. Furthermore, we also identify policies that have improved the

  17. The economic opportunity of energy efficiency. An overview of the legal and regulatory framework, programs and energy services evaluation in Europe and in Portugal and of the possible implementation of the present proposal on the energy services directive

    International Nuclear Information System (INIS)

    Vasconcelos, F.

    2004-11-01

    The economic development requires a bigger access to energy sources, which amplifies energy demand. In Portugal, the increase energy demand allied to an economic development and scarce endogenous energy sources allows us to conclude that this will be a critical issue in a near future. While effective market forces and good information can accelerate energy efficiency improvements, market failures and barriers can inhibit efficiency gains. In such cases, certain government interventions may be useful in focusing market interest on energy efficiency. These include codes, standards, voluntary agreements, special financing arrangements and clustering small projects into investment portfolios. Although much attention has been given to the potential strategic role of renewable energy, increased end-use efficiency offers comparable if not greater near-term potential. Furthermore, it also generally less expensive per unit of energy saved than is an incremental unit of new energy supply (whether it is renewable or fossil-based). Thus, increased end-use efficiency investment is consistent with sound business practices. The implementation of the IEM and IGM was the way found to reduce efficiency barriers in the supply side but the demand side remained forgotten. However, full economic and environmental efficiency can only be achieved by including the demand-side into the competition and developing an Internal Market for energy services and programmes. The analysis of the energy policy, a strategy and economics of DSM activities is one of the actual subjects in the sector and that interest to all actors at the market. In this report we analyse the evolution and the consumption energy trends in some European countries, establishing when possible the link with Portugal. We also describe 'driving forces' of the energy consumption in the Europe and identify the legal and regulatory frame of this problem. Furthermore, we also identify policies that have improved the management of

  18. Preventing medico-legal issues in clinical practice

    Directory of Open Access Journals (Sweden)

    Bevinahalli N Raveesh

    2016-01-01

    Full Text Available The medical profession is considered to be one of the noblest professions in the world. The practice of medicine is capable of rendering noble service to humanity provided due care, sincerity, efficiency, and professional skill is observed by the doctors. However, today, the patient–doctor relationship has almost diminished its fiduciary character and has become more formal and structured. Doctors are no longer regarded as infallible and beyond questioning. Corporatization of health care has made it like any other business, and the medical profession is increasingly being guided by the profit motive rather than that of service. On the other hand, a well-publicized malpractice case can ruin the doctor's career and practice. The law, like medicine, is an inexact science. One cannot predict with certainty an outcome of cases many a time. It depends on the particular facts and circumstances of the case, and also the personal notions of the judge concerned who is hearing the case. The axiom “you learn from your mistakes” is too little honored in healthcare. The best way to handle medico-legal issues is by preventing them, and this article tries to enumerate the preventive measures in safeguarding the doctor against negligence suit.

  19. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    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....

  20. 13 CFR 134.515 - What are the effects of the Judge's decision?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What are the effects of the Judge's decision? 134.515 Section 134.515 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION... Appeals From Service-Disabled Veteran Owned Small Business Concern Protests § 134.515 What are the effects...

  1. 29 CFR 6.56 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Decision of the Administrative Law Judge. 6.56 Section 6.56 Labor Office of the Secretary of Labor RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS ENFORCING LABOR STANDARDS IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND FEDERAL SERVICE CONTRACTS Substantial...

  2. 29 CFR 6.33 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Decision of the Administrative Law Judge. 6.33 Section 6.33 Labor Office of the Secretary of Labor RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS ENFORCING LABOR STANDARDS IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND FEDERAL SERVICE CONTRACTS Enforcement...

  3. 29 CFR 6.44 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Decision of the Administrative Law Judge. 6.44 Section 6.44 Labor Office of the Secretary of Labor RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS ENFORCING LABOR STANDARDS IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND FEDERAL SERVICE CONTRACTS Substantial...

  4. Consideration on the legal founding of the principle of optimisation for radiation protection

    International Nuclear Information System (INIS)

    Grenery-Boehler, M.C.; Lochard, J.

    1992-01-01

    As a general rule, the different branches of the legal profession have a tendency to rationalize and stabilize social or economic practices and to be inclined towards concepts or practices belonging to the field of the definite. With respect to the principle of optimization for radiological protection, conventional legal procedures in administrative law do not entirely over the problems raised by its implementation; from the obligation to provide a service, generally required by the public administration, it would appear we have to change to a guarantee of actors' behaviour, hence the difficulty in legally qualifying the principle of optimization. As for the law of authority, privilege and control, in the case of optimization the public administration must basically trust nuclear plant operators by drawing up a 'standard objective' other than a 'standard rule'. Does not the future of legal sciences lie in developing administrative law for the field of the indefinite, thereby forcing public administration to recognize that even in the field of the definite, it is not always infallible. If our conventional administrative law is a law of authority and control, administrative law for the field of the indefinite must be one of common efforts within a context of community actions requiring trust, agreement and guaranteed behaviour, falling under a judge's control whenever there is obvious contradiction between acts and the promised behaviour. Under the French law, optimization has remained a general principle with no corresponding concrete provisions for its implementation. The purpose of this paper is to explore on which legal bases the optimization principle could be applied practically without betraying its actual spirit

  5. [Legal consequences in cases of child abuse].

    Science.gov (United States)

    Clauß, D; Richter, C; Klohs, G; Heide, S

    2013-09-01

    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.

  6. 39 CFR 491.3 - Sufficient legal form.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Sufficient legal form. 491.3 Section 491.3 Postal... AND THE POSTAL RATE COMMISSION § 491.3 Sufficient legal form. No document purporting to garnish... is legal process in the nature of garnishment; that it is issued by a court of competent jurisdiction...

  7. Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree; Fletcher, Laurel; Weinstein, Harvey

    2000-01-01

    This study of judges and prosecutors in Bosnia and Herzegovina (hereinafter "BiH") is the first report in a multi-year study undertaken by the University of California, Berkeley, Human Rights Center regarding the relationship between justice, accountability and reconstruction in the former...... the economy, to ensure fairness and accountability in judicial proceedings and to prosecute war criminals. ... Only one Bosnian Serb legal professional stated unequivocally that the Constitution of Bosnia and Herzegovina was the supreme law of the land. ... If all sides to the conflict are equally guilty...

  8. A Role for Judges in Assisted Dying

    OpenAIRE

    Castell?, Ana; Franc?s, Francesc; Verd?, Fernando

    2009-01-01

    Medically provoked death, whether euthanasia or assisted suicide, is a common issue for discussion in various forums, participants coming from widely differing fields of knowledge, among who are, of course, doctors. Substantial legal differences exist in Europe on this issue and in an ever-wider Europe, it is essential, for practical reasons, that legislation be standardised. We would like to propose possible regulations that would provide effective safeguards in the application of euthanasia...

  9. Doctor-assisted suicide: What is the present legal position in South Africa?

    Science.gov (United States)

    McQuoid-Mason, David J

    2015-09-21

    In the recent case of Stransham-Ford v. the Minister of Justice and Correctional Services, the North Gauteng High Court held that a terminally ill patient who was experiencing intractable suffering was entitled to commit suicide with the assistance of his doctor and that the doctor's conduct would not be unlawful. The court was careful to state that it was not making a general rule about doctor-assisted suicide. The latter should be left to the Parliament, the Constitutional Court and 'future courts'. The judge dealt specifically with the facts of the case at hand. In order to understand the basis of the decision it is necessary to consider: (i) the facts of the case; (ii) the question of causation; (iii) the paradox of 'passive' and 'active' euthanasia; (iv) the test for unlawfulness in euthanasia cases; and (v) the meaning of doctor-assisted suicide. It is also necessary to clarify the present legal position regarding doctor-assisted suicide.

  10. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    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 ...

  11. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

    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)

  12. IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS

    Directory of Open Access Journals (Sweden)

    Edy Lisdiyono

    2017-01-01

    Full Text Available Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence and clear fact so that its solutions do not deviate from the rules of law

  13. Should a doctor stop rendering medical services? Part II – Analysis of medico-legal conduct in cases of uncertainties regarding informed consent in minors. The Polish perspective

    Directory of Open Access Journals (Sweden)

    Justyna Zajdel

    2014-06-01

    Full Text Available introduction. The doctor’s decision whether to save the life of a minor who has attempted to commit suicide depends on the decision of the person who, under legal regulations, is responsible for the minor. In everyday medical practice doctors are often placed in difficult situations and often cannot make any decision. Such doubts arise when it is impossible to contact the person(s responsible for the minor. The doctor encounters similar issues when the parents of a minor under 16 years of age express different opinions on the recommended procedures, and are against the doctor’s decision and do not want their child to be hospitalized. materials and methods. The current legislation and doctrine was analyzed and an attempt was made to determine the way of conduct with regard to suicidal minors, and algorithmize the way of conduct towards such suicidal minors. The conduct was discussed on the two examples, based on real clinical cases. results. With regard to minors in a clinical state demanding urgent procedures, who have of the decision made by the guardian, and regardless of the fact there is no contact with the guardian. If the status is stable, the physician’s modus operandi depends on various accompanying circumstances. However, he is still obliged to provide medical help. discussion. A practical algorithm is presented and all the possible legal variations discussed and clarified.

  14. Denial of abortion in legal settings.

    Science.gov (United States)

    Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2015-07-01

    Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  15. Legal Forms of Negotiated Trade in Services Agreement (TiSA) Outcomes – Perspectives onTrade Integration and an Incrementalist Approach to Quasi-Multilateralization

    DEFF Research Database (Denmark)

    Thystrup, Amalie Giødesen

    2016-01-01

    This summer saw some of the key emerging economies change their position on services negotiations at the WTO and may prove instrumental in bringing services back to the WTO, via TiSA. While TiSA parties have discussed critical mass based multilateralization for a while, another approach may prove...

  16. The problem of the quality of judging in rhythmic gymnastics

    Directory of Open Access Journals (Sweden)

    V.V. Perederij

    2013-03-01

    Full Text Available The aim of the study is to develop a classification of factors influencing the quality of judging in rhythmic gymnastics. As a result of consolidation of theoretical information and practical experience was a list of the factors that negatively affect the behavior of judges in gymnastics, which were divided into two groups: the objective and non-objective (subjective. Objective factors include intense competition schedule, fatigue, especially memory, attention, competition rules, to the subjective: the ratio of judges to their gymnast (team or to the opposing team, the lack of interest in the performance, composition of the judging panel, the influence of authority and popularity sportswomen dependence on its management. Respondents were unanimous in that independent professional judges are needed in a rhythmic gymnastics. It is set that 64% respondent mark the presence of pressure on judges from the side of competitors.

  17. Individual Evaluation of Judges in Germany

    Directory of Open Access Journals (Sweden)

    Johannes Riedel

    2014-12-01

    Full Text Available In Germany, with the exception of the five federal supreme courts, court organization is a responsibility of the Länder (federal states. In some of the Länder, so-called employee profiles (“Anforderungsprofile“ have been established for judicial office. These lists attempt to describe criteria for certain judicial positions. They are applied in the process of promotion but also serve as an indicator for initial appointment.The European picture with respect to individual evaluation of judges is extremely diverse. In preparation for this paper, the author attempted to ascertain the situation in the Council of Europe member states. The results of this survey (to which 23 members of the CCJE have replied are listed in Appendix I.The general difficulty of professional evaluation of judges lies in the limits that have to be observed for constitutional reasons. In Germany, the overall rule of every evaluation is that there has to be a reliable factual basis. The evaluator is under a duty not to omit relevant aspects, to consider all the facts that make part of the picture, not to select arbitrarily but to try to paint a true and full picture of the person who is being evaluated. In the case of judges, it is unacceptable to comment on the core of judicial decision-making. Evaluations may be challenged in the administrative court on grounds of fact as well as on grounds of law. En Alemania, con la excepción de las cinco cortes supremas federales, la organización judicial es responsabilidad de los Länder (estados federales. En algunos de estos Länder, se han establecido los denominados perfiles de empleados (“Anforderungsprofile” para la oficina judicial. Estas listas pretenden describir los criterios para determinados cargos judiciales. Se aplican en los procesos de promoción, pero también sirven como un indicador para el nombramiento inicial.El panorama europeo respecto a la evaluación individual de los jueces es muy diverso. Preparando

  18. 29 CFR 457.17 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge to conduct a hearing in cases under 5 U.S.C. 7120 or 22 U.S.C. 4117 as implemented by... 29 Labor 2 2010-07-01 2010-07-01 false Administrative Law Judge. 457.17 Section 457.17 Labor... GENERAL Meaning of Terms as Used in This Chapter § 457.17 Administrative Law Judge. Administrative Law...

  19. Analysing Discursive Practices in Legal Research: How a Single Remark Implies a Paradigm

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2017-12-01

    Full Text Available Different linguistic theories of meaning (semantic theories imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and legal experts. Such scholarly analysis reveals a methodical choice on how to discuss meaning and therefore implies positioning oneself towards a semantic theory of meaning, whether the scholar is aware of this or not. Legal practitioners may not be bound to be consistent in their commitment to semantic theories, as their task is to decide legal issues. Legal scholars, however, should be consistent because commitment to a semantic theory implies a distinct position towards important legal theoretical doctrines. In this paper three examples are discussed that require an articulated position of the legal scholar because the discursive practices of legal practitioners show inconsistencies. For each of these examples it can be shown that a scholar’s methodic choice implies commitment to a specific semantic theory, and that adopting such a theory implies a distinct position towards the meaning of the Rule of Law, the separation of powers doctrine and the institutional position of the judge.

  20. Disqualification of judge and other procedural problems in the implementation of parole

    Directory of Open Access Journals (Sweden)

    Vuković Nikola

    2016-01-01

    Full Text Available The work is thematically divided into two parts that are not strictly separated. The link between these is the institution of release on parole. The first part deals with the institution of disqualification of a judge from the panel which decides on the petition for release on parole. It was noted that this issue does not occupy the attention of science, nor practice. It is pointed why this neglect is unjustified. Specifically analyzed is the possibility of participation of judge in deciding on release on parole if he has already acted (had some role in the same case before. The consequences that can be brought by insufficient attention on this issue are as follows: 1 substantive violation of the provisions of criminal procedure, and 2 the conduct of disciplinary proceedings against a judge who should have been disqualified. The second part examines certain provisions of legal acts regulating the matter of conditional release. The enormous significance of parole is that the convict has the possibility to get out after 2/3 of served prison sentence. The scale of these opportunity is clearly visible on the long-term prison sentences. Despite the general tendency towards reducing the prison population, it appears that parole does not and can not achieve the role which it intends. The procedure for release on parole in the case law often acts as a 'sideshow' and the CPC opens the door to discussions about the quality of certain provisions of the procedure for release on parole.

  1. Legal research using digitised historic newspapers.

    OpenAIRE

    Holley, Rose

    2010-01-01

    The presentation gives an overview of the Australian Newspapers service. It contains over 20 million digitised historic newspapers. The service is now being integrated with Trove. Librarians on the panel describe how they have used the information to solve legal cases. Most of these involve family names and history including ownership of property.

  2. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    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

  3. Disability Case Review of Administrative Law Judge Hearing Decisions

    Data.gov (United States)

    Social Security Administration — The Disability Case Review is a post-effectuation quality review of administrative law judge (ALJ) disability hearing decisions. This dataset includes results from...

  4. Towards the Legal Recognition and Governance of Forest ...

    African Journals Online (AJOL)

    ... governance regime is being created which will ensure the resilience of the forest ecosystem services including the legal framework, the institutions operating within this framework, the tools available and their functioning, and how cooperative governance is operating. KEYWORDS: Ecosystem services, Mozambique, legal ...

  5. Coordination of knowledge in judging animated motion

    Directory of Open Access Journals (Sweden)

    Thomas C. Thaden-Koch

    2006-11-01

    Full Text Available Coordination class theory is used to explain college students’ judgments about animated depictions of moving objects. diSessa’s coordination class theory models a “concept” as a complex knowledge system that can reliably determine a particular type of information in widely varying situations. In the experiment described here, fifty individually interviewed college students judged the realism of two sets of computer animations depicting balls rolling on a pair of tracks. The judgments of students from an introductory physics class were strongly affected by the number of balls depicted (one or two, but the judgments of students from an educational psychology class were not. Coordination analysis of interview transcripts supports the interpretation that physics students’ developing physics knowledge led them to consistently miss or ignore some observations that the other students consistently paid attention to. The analysis highlights the context sensitivity and potential fragility of coordination systems, and leads to the conclusion that students’ developing knowledge systems might not necessarily result in consistently improving performance.

  6. Coordination of knowledge in judging animated motion

    Science.gov (United States)

    Thaden-Koch, Thomas C.; Dufresne, Robert J.; Mestre, Jose P.

    2006-12-01

    Coordination class theory is used to explain college students’ judgments about animated depictions of moving objects. diSessa’s coordination class theory models a “concept” as a complex knowledge system that can reliably determine a particular type of information in widely varying situations. In the experiment described here, fifty individually interviewed college students judged the realism of two sets of computer animations depicting balls rolling on a pair of tracks. The judgments of students from an introductory physics class were strongly affected by the number of balls depicted (one or two), but the judgments of students from an educational psychology class were not. Coordination analysis of interview transcripts supports the interpretation that physics students’ developing physics knowledge led them to consistently miss or ignore some observations that the other students consistently paid attention to. The analysis highlights the context sensitivity and potential fragility of coordination systems, and leads to the conclusion that students’ developing knowledge systems might not necessarily result in consistently improving performance.

  7. The Use and Incorporation of Extralegal Insights in Legal Reasoning

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2015-01-01

    Full Text Available Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for example, psychology, sociology and economics, is combined with existing legal insights and transformed into ‘novel’ legal knowledge. This has often led to new thoughts on how to organize our legal landscape and to new public policy issues and solutions.An intriguing question underlying these studies is whether it is in fact possible – and if so, how, why and when – to leap from such ‘extralegal’ insights to normative legal conclusions. How and when can any researcher step over from, for example, empirical psychological facts to legal normative value judgments (as one is required to do from a legal end, for instance as a judge ruling on a case? What, if anything, allows anyone to do so? What are the conditions under which it would be safe to say that one could cross over from one side to the other?By reviewing the existing methodological literature on this topic and by linking up with ideas about the (analogous use of comparative law materials, this paper – methodological in nature – tries to come up with a workable ‘method’ for crossing the border between social science disciplines and the law. As it turns out, a due process approach is the best available option. This approach asks of judges, practitioners and scholars to become familiar with the methodology of the social sciences. That hurdle might be overcome by using court-appointed experts to evaluate the usefulness of the extralegal materials. The judge would thus resort to an expert to advise him on how to be a decent gatekeeper when it comes to the possible use of insights from social sciences.

  8. Legal control of large technical projects

    International Nuclear Information System (INIS)

    Papier, H.J.

    1981-01-01

    More legal security, acceleration of court procedures, a fair consideration of the interests of the permission recipients, avoidance of any kind of political usurpation, as well as the attempts of judges not to present an amateuriser scientific-technical indepth-knowledge cannot be accomplished via Sporadic appeals with partially para-legal reservedness. This also goes for those frantic attempts to institute socalled ''norm selections'', and for efforts of attempting to influence objective rights by modifying grounds for contestation. What is needed is a legistation that, especially in the area of large industrial plants, exerts appropriate statuatory influence. So far, this has not been the case. It is up to the legislation to define permission standards, have them assessed and judged by experts, and harmonize them with the appropriate procedural rights. If this is done, the power of balance with regards to large industrial plants will be re-established. Curtailment of the lengthy process of official channels must also be considered. If a preliminary administrative procedure is already formalized, a second fact-establishing instance should be waived. (orig./HP) [de

  9. Ethical, Legal and Social Issues in Japan on the Determination of Blood Relationship via DNA Testing.

    Science.gov (United States)

    Toya, Waki

    2017-01-01

    DNA paternity testing has recently become more widely available in Japan. The aim of this paper is to examine the issues surrounding (1) the implementing agency, whether the testing is conducted in a commercial direct-to-consumer (DTC) setting or a judicial non-DTC setting, and (2) the implementation conditions and more specifically the legal capacity of the proband (test subject). Literature research in Japanese and English was conducted. Some countries prohibit commercial DNA testing without the consent of the proband or her or his legally authorized representative. But as in some cases, the results of DTC paternity testing have proven to be unreliable. I propose a complete prohibition of DTC DNA paternity testing in Japan. In many cases of paternity testing, the proband is a minor. This has led to debate about whether proxy consent is sufficient for paternity testing or whether additional safeguards (such as a court order) are required. In cases where commercial DNA testing has been conducted and the test results are produced in court as evidence, the court must judge whether or not to admit these results as evidence. Another important issue is whether or not paternity testing should be legally mandated in certain cases. If we come to the conclusion that DNA test results are the only way to conclusively establish a parent-child relationship, then our society may prioritize even more genetic relatedness over other conceptions of a parent-child relationship. This prioritization could adversely affect families created through assisted reproductive technology (ART), especially in situations where children are not aware of their biological parentage. This paper argues for a complete prohibition of DTC DNA paternity testing in Japan, and highlights that broader ethical and legal deliberation on such genetic services is required.

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

    Directory of Open Access Journals (Sweden)

    Dolores Seijo

    2010-07-01

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

  11. Legal method in danish law

    DEFF Research Database (Denmark)

    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...

  12. Eyewitness testimony: tracing the beliefs of Swedish legal professionals.

    Science.gov (United States)

    Granhag, Pär Anders; Strömwall, Leif A; Hartwig, Maria

    2005-01-01

    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.

  13. The U.S. Forest Service's analysis of cumulative effects to wildlife: A study of legal standards, current practice, and ongoing challenges on a National Forest

    International Nuclear Information System (INIS)

    Schultz, Courtney A.

    2012-01-01

    Cumulative effects analysis (CEA) allows natural resource managers to understand the status of resources in historical context, learn from past management actions, and adapt future activities accordingly. U.S. federal agencies are required to complete CEA as part of environmental impact assessment under the National Environmental Policy Act (NEPA). Past research on CEA as part of NEPA has identified significant deficiencies in CEA practice, suggested methodologies for handling difficult aspects of CEA, and analyzed the rise in litigation over CEA in U.S. courts. This article provides a review of the literature and legal standards related to CEA as it is done under NEPA and then examines current practice on a U.S. National Forest, utilizing qualitative methods in order to provide a detailed understanding of current approaches to CEA. Research objectives were to understand current practice, investigate ongoing challenges, and identify impediments to improvement. Methods included a systematic review of a set of NEPA documents and semi-structured interviews with practitioners, scientists, and members of the public. Findings indicate that the primary challenges associated with CEA include: issues of both geographic and temporal scale of analysis, confusion over the purpose of the requirement, the lack of monitoring data, and problems coordinating and disseminating data. Improved monitoring strategies and programmatic analyses could support improved CEA practice.

  14. PRINSIP HAKIM AKTIF DALAM PERKARA PERDATA / The Principle of Active Judge in Civil Case

    Directory of Open Access Journals (Sweden)

    Sunarto Sunarto

    2016-07-01

    Full Text Available Keadilan harus dengan tegas ditegakkan. Tuntutan tersebut tidak memungkinkan untuk dimodifikasi karena penegakan keadilan sangat berhubungan dengan penegakan hak. Paradigma umum dalam melihat hukum acara perdata menempatkan Hakim bersifat pasif dalam menjalankan tugas dan fungsinya. Meskipun begitu terdapat keadaan-keadaan yang memposisikan hakim agar aktif menyelesaikan perkara perdata. Hal itu dapat terlihat pada penerapan Pasal 119 HIR pada saat Ketua Pengadilan Negeri memberikan bantuan berupa nasehat serta bantuan yang berhubungan dengan formalitas atau syarat-syarat gugatan agar gugatan dapat diterima dan memenuhi syarat-syarat formalitas gugatan kepada penggugat atau kuasanya. Selain itu, Pasal 130 HIR / Pasal 154 RBG, diwajibkan agar Ketua Pengadilan Negeri berusaha mendamaikan kedua belah pihak yang berperkara. Selanjutnya pada Pasal 132 HIR / Pasal 156 RBG, Hakim memiliki peranan aktif untuk menginformasikan kepada kedua belah pihak yang berperkara dan memberikan penjelasan kepada para pihak yang berperkara tentang adanya hak untuk melakukan upaya hukum serta hak untuk mengajukan alat-alat bukti di persidangan.   The Justice must be firmly maintained. This demand can not be modified due to it was closely related to the rights enforcement. The common paradigm in civil code perception makes judges passively work in civil cases handling. It can be seen in Article 119 HIR when the general court chief judge give a support as advice and help related to the formality or the terms of the lawsuit for the strike to be acceptable and meets the requirements of formality lawsuit against the plaintiff or attorney. Moreover, Article 130 HIR / RBG Article 154, required that general court chief judge attempted to reconcile the two parties litigant. Furthermore, in Article 132 HIR / RBG Article 156, the Judge has an active role to inform both litigants and provide an explanation to the litigants of their rights to take legal actions and the right to

  15. [The future of the obligation to be vaccinated: legal aspects].

    Science.gov (United States)

    Truchet, Didier

    2010-01-01

    Under French law, the authorities have the right to make some vaccinations obligatory, to recommend others, or simply to allow individuals to decide whether they or their children should be vaccinated. These political decisions must balance the public good against individual freedoms, and are more a question of pragmatism than of legality. In each situation, politicians and judges are faced with difficult issues of liability.

  16. 13 CFR 134.404 - Decision by Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Decision by Administrative Law Judge. 134.404 Section 134.404 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF... 8(a) Program § 134.404 Decision by Administrative Law Judge. Appeal proceedings brought under this...

  17. 49 CFR 1503.607 - Administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Administrative law judges. 1503.607 Section 1503... PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.607 Administrative law judges. (a) Powers of...) Administer oaths and affirmations. (4) Issue subpoenas authorized by law. (5) Rule on offers of proof. (6...

  18. Judging children's participatory parity from social justice and the ...

    African Journals Online (AJOL)

    This article proposes a model for judging children's participatory parity in different social spaces. The notion of participatory parity originates in Nancy Fraser's normative theory for social justice, where it concerns the participatory status of adults. What, then, constitutes participatory parity for children? How should we judge ...

  19. 8 CFR 1240.12 - Decision of the immigration judge.

    Science.gov (United States)

    2010-01-01

    ... IMMIGRATION REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Removal... order of the immigration judge shall direct the respondent's removal from the United States, or the.... (d) Removal. When a respondent is ordered removed from the United States, the immigration judge shall...

  20. Legal implications of Brexit on Customs Union, Internal Market Acquis for Goods and Services and Consumer Protection Law : Study for the IMCO Committee

    NARCIS (Netherlands)

    F. Amtenbrink (Fabian); M. Markakis (Menelaos); R. Repasi (René)

    2017-01-01

    textabstractThis study addresses the implications of several scenarios of the UK withdrawing from the EU in relation to the EU Customs Union, the Internal Market law for Goods and Services, and on Consumer Protection law, identifying the main crosscutting challenges that have to be addressed

  1. Beyond the standard of care: a new model to judge medical negligence.

    Science.gov (United States)

    Brenner, Lawrence H; Brenner, Alison Tytell; Awerbuch, Eric J; Horwitz, Daniel

    2012-05-01

    The term "standard of care" has been used in law and medicine to determine whether medical care is negligent. However, the precise meaning of this concept is often unclear for both medical and legal professionals. Our purposes are to (1) examine the limitations of using standard of care as a measure of negligence, (2) propose the use of the legal concepts of justification and excuse in developing a new model of examining medical conduct, and (3) outline the framework of this model. We applied the principles of tort liability set forth in the clinical and legal literature to describe the difficulty in applying standard of care in medical negligence cases. Using the concepts of justification and excuse, we propose a judicial model that may promote fair and just jury verdicts in medical negligence cases. Contrary to conventional understanding, medical negligence is not simply nonconformity to norms. Two additional concepts of legal liability, ie, justification and excuse, must also be considered to properly judge medical conduct. Medical conduct is justified when the benefits outweigh the risks; the law sanctions the conduct and encourages future conduct under similar circumstances. Excuse, on the other hand, relieves a doctor of legal liability under specific circumstances even though his/her conduct was not justified. Standard of care is an inaccurate measure of medical negligence because it is premised on the faulty notion of conformity to norms. An alternative judicial model to determine medical negligence would (1) eliminate standard of care in medical malpractice law, (2) reframe the court instruction to jurors, and (3) establish an ongoing consensus committee on orthopaedic principles of negligence.

  2. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    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…

  3. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    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...

  4. THE ACTIVE ROLE OF THE JUDGE IN THE FIELD OF UNFAIR TERMS LITIGATION

    Directory of Open Access Journals (Sweden)

    Liviu-Titus Paveliu

    2014-11-01

    Full Text Available Unfair contract terms mark a delicate area in the field of consumer protection given the premise in which the consumer finds himself. This field of private law stems from the idea that the consumer needs an enhanced protection which from a legal standpoint may consist of introducing of measures of substantial law that can provide support in the precontractual phase, with evidence and even in understanding the legal consequences at hand. At a first glance, these comprise most of the benefits a consumer is granted and may choose to utilize in a litigation procedure against a professional in case on unfair contract terms. However, there is also a lesser known benefit that comes in the form of the obligation of the national courts to sanction on its own motion and in any procedural phase the occurrence of unfair contract terms. This line of thought has support within the Romanian legal system, but the decisive arguments in this sense com in the form of the case law of the Court of Justice of the European Union from the past decades. The purpose of this paper is to analyze the hystorical evolution of the active role of the court in civil law litigation, especially from the perspective of unfair terms cases in which consumers are parties to the proceedings, and to highlight the process that the Romanian judges have to follow in solving this type of cases.

  5. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    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

  6. Judging in Rhythmic Gymnastics at Different Levels of Performance.

    Science.gov (United States)

    Leandro, Catarina; Ávila-Carvalho, Lurdes; Sierra-Palmeiro, Elena; Bobo-Arce, Marta

    2017-12-01

    This study aimed to analyse the quality of difficulty judging in rhythmic gymnastics, at different levels of performance. The sample consisted of 1152 difficulty scores concerning 288 individual routines, performed in the World Championships in 2013. The data were analysed using the mean absolute judge deviation from the final difficulty score, a Cronbach's alpha coefficient and intra-class correlations, for consistency and reliability assessment. For validity assessment, mean deviations of judges' difficulty scores, the Kendall's coefficient of concordance W and ANOVA eta-squared values were calculated. Overall, the results in terms of consistency (Cronbach's alpha mostly above 0.90) and reliability (intra-class correlations for single and average measures above 0.70 and 0.90, respectively) were satisfactory, in the first and third parts of the ranking on all apparatus. The medium level gymnasts, those in the second part of the ranking, had inferior reliability indices and highest score dispersion. In this part, the minimum of corrected item-total correlation of individual judges was 0.55, with most values well below, and the matrix for between-judge correlations identified remarkable inferior correlations. These findings suggest that the quality of difficulty judging in rhythmic gymnastics may be compromised at certain levels of performance. In future, special attention should be paid to the judging analysis of the medium level gymnasts, as well as the Code of Points applicability at this level.

  7. Principle of typicity and power of self-organization in the provision of local public services. An overview of Spanish and Colombian legal systems

    Directory of Open Access Journals (Sweden)

    Jorge Iván Rincón Córdoba

    2011-12-01

    Full Text Available Recognized the particular autonomy of local authorities that should be exposed according to the extent of their legitimacy. Throughout this work, we develop the necessity to provide these authorities with the power to qualify a certain activity as a public service, and the subsequent selection of a management model (organizational model to satisfy them. As well as the apparent contradiction between this constitutional principle of self-organization power and the typical constitutional principle (understood as a result of the rule of law, both as a result of the arrangement of competencies between the legislative power and the local authorities.

  8. Gender mainstreaming in law and legal education

    Directory of Open Access Journals (Sweden)

    Vujadinović Dragica

    2015-01-01

    Full Text Available Political revolutions of the 18th and 19th century engendered an idea of universal equality. However, the American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen have not been gender sensitive documents. Women had to struggle for a long time in order to achieve visibility in laws and they did gain an equal right to vote in the USA only 144 years later and in France only 160 years after the issuing of these documents. Contemporary international and national law has greatly advanced from a gender equality point of view. However, gender sensitive legislation and implementation of legal norms has been far from widely accepted. Gender sensitive legal education of (future legislators, lawyers, judges, and prosecutors has thus been of the utmost importance. First, the article offers theoretical clarifications and historical background analysis of a sense and purpose of gender mainstreaming. The achievements in international law and strategic documents concerning gender equality will be taken into consideration in the second chapter. The main focus will be on the meaning of and instruments for gender mainstreaming in legal education in Serbia as well as generally. Paradigmatic examples from judicial practice will also be presented.

  9. "We Now Have a Patient and Not a Criminal": An Exploratory Study of Judges and Lawyers' Views on Suicide Attempters and the Law in Ghana.

    Science.gov (United States)

    Osafo, Joseph; Akotia, Charity S; Andoh-Arthur, Johnny; Boakye, Kofi E; N-B Quarshie, Emmanuel

    2018-05-01

    This study explored the views of judges and lawyers of the superior courts of Ghana on the law criminalizing attempted suicide. Qualitative data were collected from 12 experienced legal practitioners of the superior courts (five judges and seven lawyers) using a semi-structured interview schedule. Thematic analysis of the data yielded three main perspectives: In defence of the Law, Advocating a Repeal, and Pro-Health Orientation. Although exploratory, the findings of this study offer cues for stepping up suicide literacy and advocacy programmes toward either a repeal of the law or a reform.

  10. ProofJudge: Automated Proof Judging Tool for Learning Mathematical Logic

    DEFF Research Database (Denmark)

    Villadsen, Jørgen

    2016-01-01

    Today we have software in many artefacts, from medical devices to cars and airplanes, and the software must not only be efficient and intelligent but also reliable and secure. Tests can show the presence of bugs but cannot guarantee their absence. A machine-checked proof using mathematical logic...... using pen and paper because no adequate tool was available. The learning problem is how to make abstract concepts of logic as concrete as possible. ProofJudge is a computer system and teaching approach for teaching mathematical logic and automated reasoning which augments the e-learning tool Na...... provides strong evidence for software correctness but it is requires advanced knowledge and skills. We have developed a tool which helps the student to practice their skills and also allows a better conceptual understanding of state-of-the-art proof assistants. Previously the proofs has been carried out...

  11. ProofJudge: Automated Proof Judging Tool for Learning Mathematical Logic

    DEFF Research Database (Denmark)

    Villadsen, Jørgen

    2015-01-01

    Today we have software in many artefacts, from medical devices to cars and airplanes, and the software must not only be efficient and intelligent but also reliable and secure. Tests can show the presence of bugs but cannot guarantee their absence. A machine-checked proof using mathematical logic...... pen and paper because no adequate tool was available. The learning problem is how to make abstract concepts of logic as concrete as possible. ProofJudge is a computer system and teaching approach for teaching mathematical logic and automated reasoning which augments the e-learning tool NaDeA (Natural...... provides strong evidence for software correctness but it requires advanced knowledge and skills. We have developed a tool which helps the student to practice their skills and also allows a better conceptual understanding of state-of-the-art proof assistants. Previously the proofs has been carried out using...

  12. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

    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

  13. How to Work with Honest but Curious Judges? (Preliminary Report

    Directory of Open Access Journals (Sweden)

    Jun Pang

    2009-10-01

    Full Text Available The three-judges protocol, recently advocated by Mclver and Morgan as an example of stepwise refinement of security protocols, studies how to securely compute the majority function to reach a final verdict without revealing each individual judge's decision. We extend their protocol in two different ways for an arbitrary number of 2n+1 judges. The first generalisation is inherently centralised, in the sense that it requires a judge as a leader who collects information from others, computes the majority function, and announces the final result. A different approach can be obtained by slightly modifying the well-known dining cryptographers protocol, however it reveals the number of votes rather than the final verdict. We define a notion of conditional anonymity in order to analyse these two solutions. Both of them have been checked in the model checker MCMAS.

  14. Are Advertising Educators Good Judges of Creative Talent?

    Science.gov (United States)

    Reid, Leonard N.

    1977-01-01

    Describes a study that compared advertising educator's judgments of students' creative talent with measures of each students' creative ability at two major universities and concludes that advertising educators are good judges of creative talent. (MB)

  15. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    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.

  16. ?This Is Real Misery?: Experiences of Women Denied Legal Abortion in Tunisia

    OpenAIRE

    Hajri, Selma; Raifman, Sarah; Gerdts, Caitlin; Baum, Sarah; Foster, Diana Greene

    2015-01-01

    Barriers to accessing legal abortion services in Tunisia are increasing, despite a liberal abortion law, and women are often denied wanted legal abortion services. In this paper, we seek to explore the reasons for abortion denial and whether these reasons had a legal or medical basis. We also identify barriers women faced in accessing abortion and make recommendations for improved access to quality abortion care. We recruited women immediately after they had been turned away from legal aborti...

  17. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

    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...

  18. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    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....

  19. Legal challenges in neurological practice

    Directory of Open Access Journals (Sweden)

    Sita Jayalakshmi

    2016-01-01

    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.

  20. Legal challenges in neurological practice.

    Science.gov (United States)

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

    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.

  1. 29 CFR 6.52 - Appointment of Administrative Law Judge and notification of prehearing conference and hearing date.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Appointment of Administrative Law Judge and notification of prehearing conference and hearing date. 6.52 Section 6.52 Labor Office of the Secretary of Labor RULES OF... CONSTRUCTION CONTRACTS AND FEDERAL SERVICE CONTRACTS Substantial Variance and Arm's Length Proceedings § 6.52...

  2. Judges', caseworkers', and substance abuse counselors' indicators of family reunification with substance-affected parents.

    Science.gov (United States)

    Karoll, Brad R; Poertner, John

    2002-01-01

    The decision to reunify children with their substance-affected parent is highly complex and requires a tremendous amount of work and change on the part of the affected parent. This exploratory study identified indicators for safe reunification of children placed in foster care due to parental substance abuse. Judges who hear juvenile cases, private agency child welfare caseworkers, and substance abuse counselors from a large midwestern state were surveyed using an instrument composed of a preliminary list of indicators identified through focus groups with these professional groups. Responses from 196 professionals who rated the importance of each item and subsequent factor analysis resulted in identification of 97 indicators. These indicators were grouped into the categories of motivation, recovery, competency, and reliability; social support; parenting skills; and legal issues. Implications of the findings for practice are discussed.

  3. A mower detector to judge soil sorting

    International Nuclear Information System (INIS)

    Bramlitt, E.T.; Johnson, N.R.

    1995-01-01

    Thermo Nuclear Services (TNS) has developed a mower detector as an inexpensive and fast means for deciding potential value of soil sorting for cleanup. It is a shielded detector box on wheels pushed over the ground (as a person mows grass) at 30 ft/min with gamma-ray counts recorded every 0.25 sec. It mirror images detection by the TNS transportable sorter system which conveys soil at 30 ft/min and toggles a gate to send soil on separate paths based on counts. The mower detector shows if contamination is variable and suitable for sorting, and by unique calibration sources, it indicates detection sensitivity. The mower detector has been used to characterize some soil at Department of Energy sites in New Jersey and South Carolina

  4. A mower detector to judge soil sorting

    Energy Technology Data Exchange (ETDEWEB)

    Bramlitt, E.T.; Johnson, N.R. [Thermo Nuclear Services, Inc., Albuquerque, NM (United States)

    1995-12-31

    Thermo Nuclear Services (TNS) has developed a mower detector as an inexpensive and fast means for deciding potential value of soil sorting for cleanup. It is a shielded detector box on wheels pushed over the ground (as a person mows grass) at 30 ft/min with gamma-ray counts recorded every 0.25 sec. It mirror images detection by the TNS transportable sorter system which conveys soil at 30 ft/min and toggles a gate to send soil on separate paths based on counts. The mower detector shows if contamination is variable and suitable for sorting, and by unique calibration sources, it indicates detection sensitivity. The mower detector has been used to characterize some soil at Department of Energy sites in New Jersey and South Carolina.

  5. Assessment of the Forensic Sciences Profession: A Legal Study Concerning the Forensic Sciences Personnel. Volume III.

    Science.gov (United States)

    Schroeder, Oliver, Jr.

    The place and function of forensic sciences personnel in American criminal law and court procedure, and the criteria used by criminal trial judges and lawyers to assess the value of forensic sciences personnel were investigated. Federal, state, Virgin Island, and Puerto Rican laws were examined, and a search of the medical and legal literature…

  6. Fumbling toward a Critical Legal Pedagogy and Practice

    Science.gov (United States)

    Matambanadzo, Saru

    2006-01-01

    This article argues that the culture and practice of legal education in the United States functions to dehumanize law students and potentially produce one-dimensional lawyers in the service of corporate interests and the capitalist status quo. These lawyers are trained to serve not only as the guardians of legal rights, social entitlements and…

  7. Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

    African Journals Online (AJOL)

    21892687

    interpersonal relations, appropriate dispute resolution techniques and the ability to integrate law, fact, procedure and values; to provide quality legal services to the indigent thereby increasing access to justice; to promote access to and transformation of the organised legal profession by providing opportunities and.

  8. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    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

  9. THE LAY JUDGE IN THE SMALL CLAIMS COURTS AND IN THE SMALL CLAIMS AGAINST THE EXCHEQUER COURTS: EFFICIENCY VERSUS ACCESS TO JUSTICE AND TO LAW

    Directory of Open Access Journals (Sweden)

    Pedro Gomes de Queiroz

    2015-12-01

    Full Text Available Lay judges that work at small claims courts and at small claims against the Exchequer courts don’t have the necessary legitimacy to take discretionary or solely based in equity decisions, because they are not directly elected by the people. Thus, they must base their decisions in the present Law. For this purpose, the selection process of them must demand the necessary legal knowledge and degree for the exercise of the function. The lay judge is submitted to the reasons of impediment or suspicion of the judge, because he is an assistant of the justice, so the law must recognize the citizen’s right to know the individual that exercises the function in his process.

  10. SERIAL EFFECTS OF EVIDENCE ON LEGAL DECISION-MAKING

    Directory of Open Access Journals (Sweden)

    Raluca Enescu

    2012-07-01

    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.

  11. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    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)

  12. European Equivalencies in Legal Interpreting and Translation

    DEFF Research Database (Denmark)

    Corsellis, Ann; Hertog, Erik; Martinsen, Bodil

    2002-01-01

    which cross national borders and for the needs of multilingual populations. The European Convention of Human Rights (article 6, paragrph 3) is one of the main planks of relevant legislation. This international, two year project has been funded by the EU Grotius programme to set out what is required...... in terms of - standards of selection, training and asessments of legal interpreters & translators - standards of ethics, code of conduct and good practice - interdisciplinary working arrangements with the legal services. With this paper, the authors aim to share the outcomes of their work....

  13. Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil / Algumas novas ideias sobre o papel da análise jurídica aplicada à regulação de serviços de telecomunicações no Brasil

    Directory of Open Access Journals (Sweden)

    Marcus Faro de Castro

    2016-05-01

    Full Text Available Purpose – The paper aims to present new ideas and analytical approaches developed in recent years by Brazilian legal scholars regarding regulation and economic development. Regulatory law of telecommunications services is taken as an example of application of such new ideas and analytical approaches. Methodology/approach/design – Two main approaches to the relationship between law and economic issues are described: the New Law and Development (NLD approach and the Legal Analysis of Economic Policy (LAEP perspective. The paper highlights prominent ideas of each perspective. Findings – The paper shows that there are structured ideas available in recent Brazilian legal literature which have a non-negligible potential of being explored in legal discussions and analyses of economic policy and regulatory issues of many sectors of emerging economies, including the telecommunications industry. Originality/value – The paper offers valuable contributions that may help in efforts to enhance and innovate the role of legal expertise in the regulatory process of several economic sectors, including the telecommunications sector.

  14. Thinking about Judges and Judicial Performance: Perspective of the Public and Court Users

    Directory of Open Access Journals (Sweden)

    David Rottman

    2014-12-01

    Full Text Available Studies of the courts, conducted primarily in the United States, suggest that the way legal professionals think about judging underpins nearly all official evaluations of judicial performance. The general public has a different view than lawyers of judging that merits consideration along with the type of criteria emphasized by the legal community. Research demonstrates that the public places the greatest importance on the extent to which a judge reaches decisions through a process that meets the public's expectations of fairness. Surveys of California residents and California attorneys are used to demonstrate the importance of procedural justice for explaining whether people have trust in the courts and regard court decisions as legitimate. The article describes and critiques existing judicial performance evaluation programs that incorporate procedural justice principles as a dimension for measuring judicial quality through both survey and observational methods. Los estudios sobre tribunales llevados a cabo principalmente en Estados Unidos, sugieren que la opinión sobre el hecho de juzgar de los profesionales del derecho están detrás de casi todas las evaluaciones del rendimiento judicial oficiales. El público general tiene una visión del hecho de juzgar diferente a la de los abogados, que debe tenerse en cuenta junto con los criterios destacados por la comunidad jurídica. La investigación demuestra que el público da mayor importancia a que un juez tome una decisión a través de un proceso que cumpla con sus expectativas de justicia. Se emplean encuestas a residentes de California y abogados de California para demostrar la importancia de la justicia procesal, a la hora de explicar si la gente tiene confianza en los tribunales y perciben las decisiones judiciales como legítimas. El artículo describe y critica los programas de evaluación del rendimiento judicial que incorporan principios de justicia procesal como una dimensión para

  15. Electronic Health Information Legal Epidemiology Data Set 2014

    Data.gov (United States)

    U.S. Department of Health & Human Services — Authors: Cason Schmit, JD, Gregory Sunshine, JD, Dawn Pepin, JD, MPH, Tara Ramanathan, JD, MPH, Akshara Menon, JD, MPH, Matthew Penn, JD, MLIS This legal data set...

  16. Medico-legal documentation of rape or sexual assault: are ...

    African Journals Online (AJOL)

    L Fouché

    12 ... Keywords: clinical forensic medicine, community-service doctors, medical training, medico-legal documentation, sexual assault. Introduction. Sexual assault ..... New York: Springer Science & Business Media. 2007. 9. Du Mont J, White D.

  17. Individual Differences in Accurately Judging Personality From Text.

    Science.gov (United States)

    Hall, Judith A; Goh, Jin X; Mast, Marianne Schmid; Hagedorn, Christian

    2016-08-01

    This research examines correlates of accuracy in judging Big Five traits from first-person text excerpts. Participants in six studies were recruited from psychology courses or online. In each study, participants performed a task of judging personality from text and performed other ability tasks and/or filled out questionnaires. Participants who were more accurate in judging personality from text were more likely to be female; had personalities that were more agreeable, conscientious, and feminine, and less neurotic and dominant (all controlling for participant gender); scored higher on empathic concern; self-reported more interest in, and attentiveness to, people's personalities in their daily lives; and reported reading more for pleasure, especially fiction. Accuracy was not associated with SAT scores but had a significant relation to vocabulary knowledge. Accuracy did not correlate with tests of judging personality and emotion based on audiovisual cues. This research is the first to address individual differences in accurate judgment of personality from text, thus adding to the literature on correlates of the good judge of personality. © 2015 Wiley Periodicals, Inc.

  18. Court Caseload Management: The Role of Judges and Administrative Assistants

    Directory of Open Access Journals (Sweden)

    Adalmir Oliveira Gomes

    2017-09-01

    Full Text Available Court caseload management is of key importance for guaranteeing the adjudication of cases and depends on how judges and administrative assistants deal with their workload. Results from several studies indicate that an increase in court caseload tends to generate an increase in the judge’s production. However, some authors argue that this relationship is far more complex. To develop a fuller understanding of this relationship we tested an array of direct and moderating hypotheses. We used secondary data from 566 judges working in first trial courts in the State Justice System of Sao Paulo, Brazil. The results indicate a direct and positive relationship between court caseload and judge production, but the strength of this relationship depends on court specialty. The findings also indicate that the number of administrative assistants, judge experience and the number of places a judge works all moderate the caseload-production relationship. The results contribute to the development of strategies to address the delays and congestion of courts, two of the main Brazilian Judiciary problems.

  19. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    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.

  20. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    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.

  1. Judge-Jury Interaction in Deliberation: Enhancement or Obstruction of Independent Jury Decision-Making?

    Directory of Open Access Journals (Sweden)

    Jae-Hyup Lee

    2016-06-01

    Full Text Available In the Korean jury system, jurors deliberate without interference of anyone, except when they cannot reach a unanimous verdict, in which case they must hear the judge’s opinion. If jurors convict the defendant, they also deliberate with the judge on sentencing and provide their opinions. This unique feature of the Korean jury system provides rare opportunities to examine the interaction of the lay people and judges in deliberation. Through direct observation and the content analysis of the shadow jury deliberations on actual cases in Korea, we will examine whether the judge’s intervention was helpful in jury decision-making or hampers the independent judgment of the jury. The result shows the collaborative deliberation amongst jurors and judges in sentencing, and in some cases in conviction, will mutually benefit both. In turn, jurors will retain the credibility of the judiciary while the judges will reflect upon their decisions in accordance with the legal consciousness of the lay people. En el sistema de jurados de Corea, los miembros del jurado deliberan sin interferencia de nadie, excepto cuando no pueden llegar a un veredicto unánime, en cuyo caso deben escuchar la opinión del juez. Si los miembros del jurado condenan al acusado, también deliberan con el juez a la hora de dictar sentencia y expresan sus opiniones. Esta característica única del sistema de jurados de Corea ofrece pocas oportunidades para examinar la interacción del jurado popular y los jueces durante su deliberación. A través de la observación directa y el análisis del contenido de las deliberaciones del jurado en la sombra sobre casos reales en Corea, se analizará si la intervención del juez fue útil en la toma de decisiones del jurado o dificulta su independencia de criterio. El resultado demuestra que la deliberación entre los miembros del jurado y los jueces a la hora de dictar sentencia, y en algunos casos al declarar culpable al acusado, beneficia a

  2. Judge lets plaintiff use pseudonym in 'regarded as' case.

    Science.gov (United States)

    1998-10-30

    U.S. District Judge Laonie [name removed]. Brinkema is permitting an HIV-negative patient to use a pseudonym in her lawsuit against a Virginia obstetrician-gynecologist. The judge warned Dr. [name removed] W. [Name removed] and his lawyer that they would be facing sanctions if they continued using the patient's real name in court filings, which are often public record. Dr. [name removed] refused to treat the patient because her husband is HIV-positive and has threatened to disclose the husband's HIV status. The patient and her husband have concerns about the husband's health status being disclosed. The judge also rejected the doctor's contention that a private medical practice is not covered under the American with Disabilities Act (ADA), stating that the ADA specifically includes professional health offices as public accommodations.

  3. Judges Awareness, Understanding, and Application of Digital Evidence

    Directory of Open Access Journals (Sweden)

    Gary C Kessler

    2011-03-01

    Full Text Available As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence.This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the first in the U.S. to examine judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a published digital forensics study, demonstrating the applicability of that methodology to this discipline.

  4. Legal framework for implementation of m-government in Ethiopia ...

    African Journals Online (AJOL)

    Higher penetration of mobile services in many countries, including Ethiopia, makes m-Government an eminent technological option for delivering government services to public and businesses. Although the Ethiopian government has introduced e-government services to the public, the legal framework to support such ...

  5. Legal procedures regarding state budget expenditure

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-03-01

    Full Text Available Government spending and the procedures for making them can be examined on the basis of many of public regulations, which are the legal grounds for these expenditure. The procedures of government spending can be studied in the field of personal expenditure of the state budget (including salaries, pensions and social benefits. Appropriate procedures are related to expenditure for purchases of goods and services and for making of public investments (e.g. public roads and buildings. An extensive area of expenditure is in the form of grants. There are special legal ways for transferring the budget grants to different legal organizations and entities. The state expenditure are fixed in the Budget Act. The implementation of the budgetary expenditure needs to take up, by state authorities and agencies, thousands of individual and concrete actions (e.g. the contracts, administrative decisions, other activities. That is, in the Budget Act fixed expenditure have, in principle, normative act features.

  6. The Effects of the Shortage of Judges in Israel

    OpenAIRE

    Limor Zer-Gutman

    2017-01-01

    In Israel the shortage of judges that has worsened over the years has led to a serious deterioration in the operation of Israel's judicial system. The article is ascertaining the intensity of the shortage by using international comparisons and comparing the rate of growth in the number of judges with the rate of growth of the general population. The article further describes the three main areas affected by the shortage. The first area is the judicial system itself where the shortage is the p...

  7. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    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)

  8. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    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

  9. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    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…

  10. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    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…

  11. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    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...

  12. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    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.…

  13. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    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.

  14. Economic and Legal Aspects of Electronic Money

    Directory of Open Access Journals (Sweden)

    Otakar Schlossberger

    2016-06-01

    Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

  15. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

    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...

  16. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

    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).

  17. NEITHER FISH NOR FOWL: ADMINISTRATIVE JUDGES IN THE MODERN ADMINISTRATIVE STATE

    Directory of Open Access Journals (Sweden)

    Russell L. Weaver

    2010-10-01

    Full Text Available This article examines the role of administrative adjudication in the United States constitutional system. It begins by noting that such adjudication fits uncomfortably within a system of divided powers. Administrative judges, including administrative law judges [ALJs] (who have the highest level of protection and status, are considerably more circumscribed than ordinary Article III judges. Indeed, administrative judges are usually housed in the agencies for which they decide cases, rather than in independent adjudicative bodies, and they do not always have the final say regarding the cases they decide. In many instances, the agency can appeal an adverse administrative judge’s decision directly to the head of the agency, and the agency head retains broad power to overrule the administrative judge’s determinations. In other words, the agency can substitute its judgment for that of the administrative judge regarding factual determinations, legal determinations, and policy choices. As a result, many administrative adjudicative structures involve difficult tradeoffs between independence, political control, and accountability. This article examines issues related to the status and power of administrative judges, as well as the constraints that have been imposed on administrative adjudicative authority, and explores whether those constraints continue to serve the purposes for which they were originally imposed. Cet article examine le rôle du règlement de différends dans le domaine administratif dans le cadre du système constitutionnel des États-Unis. Il note d’abord qu’une telle façon de régler les différends cadre difficilement avec un système où les pouvoirs sont divisés. Les juges administratifs, y inclus les juges de droit administratif (qui jouissent du niveau le plus élevé de protection et de statut, sont considérablement plus restreints que les juges ordinaires sous l’Article III. En effet, les juges administratifs sont

  18. 29 CFR 18.9 - Consent order or settlement; settlement judge procedure.

    Science.gov (United States)

    2010-07-01

    ... has sole discretion to decide whether to appoint a settlement judge, except that a settlement judge... assigned to hear and decide the case. (ii) The settlement judge shall not be appointed to hear and decide... 29 Labor 1 2010-07-01 2010-07-01 true Consent order or settlement; settlement judge procedure. 18...

  19. 20 CFR 404.944 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

    ... order to receive new and material evidence. The administrative law judge may decide when the evidence... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... Determinations and Decisions Administrative Law Judge Hearing Procedures § 404.944 Administrative law judge...

  20. 43 CFR 30.243 - How will the judge decide my petition for reopening?

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false How will the judge decide my petition for... the judge decide my petition for reopening? (a) If the judge finds that proper grounds are not shown, the judge will issue an order denying the petition for reopening and giving the reasons for the denial...

  1. 43 CFR 30.235 - What will the judge's decision in a formal probate proceeding contain?

    Science.gov (United States)

    2010-10-01

    ....235 What will the judge's decision in a formal probate proceeding contain? The judge must decide the... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false What will the judge's decision in a formal... requirements of this section. (a) In all cases, the judge's decision must: (1) Include the name, birth date...

  2. 29 CFR 1955.12 - Administrative law judge; powers and duties.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Administrative law judge; powers and duties. 1955.12... Formal Proceeding § 1955.12 Administrative law judge; powers and duties. (a) The administrative law judge appointed under 5 U.S.C. 3105 and designated by the Chief Administrative Law Judge to preside over a...

  3. 8 CFR 1240.31 - Authority of immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Authority of immigration judges. 1240.31 Section 1240.31 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Exclusion of...

  4. The independence of South African judges: a constitutional and ...

    African Journals Online (AJOL)

    Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges. In so doing, the paper focuses on impartiality, judicial appointments and security of tenure.

  5. Judged seriousness of environmental losses: reliability and cause of loss

    Science.gov (United States)

    Thomas C. Brown; Dawn Nannini; Robert B. Gorter; Paul A. Bell; George L. Peterson

    2002-01-01

    Public judgments of the seriousness of environmental losses were found to be internally consistent for most respondents, and largely unaffected by attempts to manipulate responses by altering the mix of losses being judged. Both findings enhance confidence in the feasibility of developing reliable rankings of the seriousness of environmental losses to aid resource...

  6. Antitrust Challenge to Football Group Dismissed by Judge.

    Science.gov (United States)

    Lederman, Douglas

    1991-01-01

    An administrative-law judge dismissed the Federal Trade Commission's antitrust complaint against the College Football Association (CFA), saying it had no jurisdiction over the association. CFA's five-year television contract with the American Broadcasting Company was found to have a nonprofit purpose. (MSE)

  7. 15 CFR 904.204 - Duties and powers of Judge.

    Science.gov (United States)

    2010-01-01

    ... and regulate the course of the hearing and the conduct of the participants and the media, including... and evidence; (i) Examine and cross-examine witnesses and introduce into the record on the Judge's own... filed with or published by a duly constituted government body; or of any reasonably available public...

  8. Financial security of military judges in South Africa | Tshivhase ...

    African Journals Online (AJOL)

    The status of military courts within the South African judicial system is uncertain. This uncertainty makes it challenging to determine the acceptable degree of their independence, including determining the acceptable basic financial security of military judges. In Van Rooyen v The State (2002) 5 SA 246 (CC), the ...

  9. Preferences for School Finance Systems: Voters versus Judges.

    Science.gov (United States)

    Campbell, Colin D.; Fischel, William A.

    1996-01-01

    A theory that urges judges to decide that locally financed school systems are unconstitutional holds that courts must implement reforms because the legislative process is dominated by property-rich communities. However, the defeat of a New Hampshire gubernatorial candidate who advocated such reforms contradicts the theory. (JOW)

  10. An Apparent Descriptive Method for Judging the Synchronization of ...

    Indian Academy of Sciences (India)

    2016-01-27

    Jan 27, 2016 ... The problem of the synchronous rotation of binary stars is judged by using a synchronous parameter introduced in an apparent descriptive method. The synchronous parameter is defined as the ratio of the rotational period to the orbital period. The author suggests several apparent phenomenal ...

  11. OJPOT: Online Judge & Practice Oriented Teaching Idea in Programming Courses

    Science.gov (United States)

    Wang, Gui Ping; Chen, Shu Yu; Yang, Xin; Feng, Rui

    2016-01-01

    Practical abilities are important for students from majors including Computer Science and Engineering, and Electrical Engineering. Along with the popularity of ACM International Collegiate Programming Contest (ACM/ICPC) and other programming contests, online judge (OJ) websites achieve rapid development, thus providing a new kind of programming…

  12. Integrating an Automatic Judge into an Open Source LMS

    Science.gov (United States)

    Georgouli, Katerina; Guerreiro, Pedro

    2011-01-01

    This paper presents the successful integration of the evaluation engine of Mooshak into the open source learning management system Claroline. Mooshak is an open source online automatic judge that has been used for international and national programming competitions. although it was originally designed for programming competitions, Mooshak has also…

  13. Domestic abuse : even the judges are getting it wrong

    OpenAIRE

    Dubrow-Marshall, LJ; Dubrow-Marshall, R

    2017-01-01

    A judge in a recent court case involving domestic abuse stated that the victim of abuse had not been vulnerable because of her university education and circle of supportive friends. The authors comment on the nature of coercive control, and the lack of understanding about the universal vulnerability to domestic abuse, which is not mitigated by education or social support.

  14. Hierarchical Generalized Linear Models for the Analysis of Judge Ratings

    Science.gov (United States)

    Muckle, Timothy J.; Karabatsos, George

    2009-01-01

    It is known that the Rasch model is a special two-level hierarchical generalized linear model (HGLM). This article demonstrates that the many-faceted Rasch model (MFRM) is also a special case of the two-level HGLM, with a random intercept representing examinee ability on a test, and fixed effects for the test items, judges, and possibly other…

  15. 8 CFR 1240.50 - Decision of the immigration judge.

    Science.gov (United States)

    2010-01-01

    ... IMMIGRATION REGULATIONS PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES Proceedings To Determine Deportability of Aliens in the United States: Hearing and Appeal (for Proceedings Commenced Prior... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Decision of the immigration judge. 1240.50...

  16. Conceptions of Creativity and Relations with Judges' Intelligence and Personality

    Science.gov (United States)

    Storme, Martin; Lubart, Todd

    2012-01-01

    The aim of this study is to describe naive conceptions of creativity and offer some explanation for their variability. Two methods are used to analyze conceptions of creativity. The first one consists of analyzing adjectives that are associated by naive judges with the notion of creativity of an advertisement. The second one consists of predicting…

  17. The judge on Facebook; neglecting a persistent ritual?

    NARCIS (Netherlands)

    van den Hoven, P.J.

    In many social realms, social media are employed by institutions to establish direct relations between their representatives and their clients or customers. In this article I explain why the civil law judge cannot be expected to begin using social networking sites to advance the transparency of the

  18. Day Care Legal Handbook: Legal Aspects of Organizing and Operating Day Care Programs.

    Science.gov (United States)

    Aikman, William F.

    This guide for providers of day care services presents information on business regulations and other legal considerations affecting for-profit and not-for-profit day care programs. Three basic topics covered are: (1) choosing the type of organization (sole proprietorship, partnership or corporation), (2) forming the organization, and (3) operating…

  19. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    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.

  20. THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

    Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

  1. Subverting Justice: Socio-Legal Determinants of Impunity for Violence against Women in Guatemala

    Directory of Open Access Journals (Sweden)

    Cecilia Menjívar

    2016-07-01

    Full Text Available High levels of violence against women and impunity in Guatemala have reached crisis proportions and have received increased international attention in recent years. The phenomenon of feminicide (e.g., killings of women in the context of state impunity, is widespread in Latin America and particularly acute in Guatemala. Many (if not the majority are rooted in violence that becomes concentrated in the family. In this paper, we propose that both the structure and application of the laws in Guatemala contribute to widespread impunity. Police and judges use laws other than those created to address violence against women in order to justify lack of enforcement. For example, judges resist issuing restraining orders, and police refuse to apply them because this can violate perpetrators’ property rights. Judges also refuse to apply domestic violence laws because this violates the principle of equality under the law. Women refuse to use the legal system to seek justice because alimony laws will not be enforced and women are economically dependent. The discriminatory fashion in which these laws are applied leads to widespread impunity. Even though laws on the books could be applied otherwise, those who implement them privilege laws that conflict with violence against women laws. While much scholarship focuses on individual-level motives for violence, we instead analyze the socio-legal environment and existing legal codes that enable continued failure to respond adequately to violence against women. The legal framework and the legal code itself are deeply shaped by the context in which they are written—the structural, gender, symbolic, everyday and long arm of political violence that permeate all aspects of life in Guatemala and exacerbate women’s vulnerability, especially the poor. We argue that this broader legal context endangers the lives of women in Guatemala. We also extend the socio-legal scholarship to highlight failures for victim

  2. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    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.

  3. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    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.

  4. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    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.

  5. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

    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...

  6. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    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.

  7. Legal Risk Associated with Electronic Funds Transfer

    OpenAIRE

    Abdulah, Samahir

    2014-01-01

    The past thirty years have seen rapid advances in the technological component of banking services and as a consequence new legal issues have come to the fore, especially with regard to Electronic Fund Transfers (EFTs) which are now used to transfer money around the world, and have made fund transactions between payers and payees easier, faster and more secure. The method involves risks for both banks and customers, due to the possibility of unauthorized payments risks, credit and insolvency p...

  8. Legal briefing: conscience clauses and conscientious refusal.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to conscience clauses and conscientious refusal. Not only has this topic been the subject of recent articles in this journal, but it has also been the subject of numerous public and professional discussions. Over the past several months, conscientious refusal disputes have had an unusually high profile not only in courthouses, but also in legislative and regulatory halls across the United States. Healthcare providers' own moral beliefs have been obstructing and are expected to increasingly obstruct patients' access to medical services. For example, some providers, on ethical or moral grounds, have denied: (1) sterilization procedures to pregnant patients, (2) pain medications in end-of-life situations, and (3) information about emergency contraception to rape victims. On the other hand, many healthcare providers have been forced to provide medical treatment that is inconsistent with their moral beliefs. There are two fundamental types of conscientious objection laws. First, there are laws that permit healthcare workers to refuse providing - on ethical, moral, or religious grounds healthcare services that they might otherwise have a legal or employer-mandated obligation to provide. Second, there are laws directed at forcing healthcare workers to provide services to which they might have ethical, moral, or religious objections. Both types of laws are rarely comprehensive, but instead target: (1) certain types of healthcare providers, (2) specific categories of healthcare services, (3) specific patient circumstances, and (4) certain conditions under which a right or obligation is triggered. For the sake of clarity, I have grouped recent legal developments concerning conscientious refusal into eight categories: 1. Abortion: right to refuse 2. Abortion: duty to provide 3. Contraception: right to refuse 4. Contraception: duty to provide 5. Sterilization: right to refuse 6. Fertility, HIV, vaccines

  9. Legal Professionals' Knowledge of Eyewitness Testimony in China: A Cross-Sectional Survey.

    Directory of Open Access Journals (Sweden)

    Lina Jiang

    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.

  10. Legal Professionals' Knowledge of Eyewitness Testimony in China: A Cross-Sectional Survey.

    Science.gov (United States)

    Jiang, Lina; Luo, Dahua

    2016-01-01

    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.

  11. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

    ... 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...

  12. Legal knowledge, needs, and assistance seeking among HIV positive and negative women in Umlazi, South Africa.

    Science.gov (United States)

    Hill, Lauren M; Maman, Suzanne; Holness, David; Moodley, Dhayendre

    2016-01-22

    The rights of women and people living with HIV (PLHIV) are protected under South African law, yet there is a gap in the application of these laws. While there are numerous systemic and social barriers to women's and PLHIV's exercise of their legal rights and rights to access social services, there has been little effort to document these barriers as well as legal needs and knowledge in this context. 1480 HIV-positive and HIV-negative women recruited from an antenatal clinic in Umlazi Township completed a questionnaire on legal knowledge, experience of legal issues, assistance seeking for legal issues, and barriers to seeking assistance. We compared the legal knowledge and experience of legal issues of HIV-positive and HIV-negative women, and described assistance seeking and barriers to assistance seeking among all women. Both HIV-positive and HIV-negative women had high levels of knowledge of their legal rights. There were few important differences in legal knowledge and experience of legal issues by HIV status. The most common legal issues women experienced were difficulty obtaining employment (11 %) and identification documents (7 %). A minority of women who had ever experienced a legal issue had sought assistance for this issue (38 %), and half (50 %) of assistance sought was from informal sources such as family and friends. Women cited lack of time and government bureaucracy as the major barriers to seeking assistance. These results indicate few differences in legal knowledge and needs between HIV-positive and HIV-negative women in this context, but rather legal needs common among women of reproductive age. Legal knowledge may be a less important barrier to seeking assistance for legal issues than time, convenience, and cost. Expanding the power of customary courts to address routine legal issues, encouragement of pro bono legal assistance, and introduction of legal navigators could help to address these barriers.

  13. STRUCTURAL FEATURES OF STATE-OFFICE LEGAL RELATIONSHIP OF THE STATE CIVIL EMPLOYEES AND THE ROLE OF LABOR LAW IN THEIR REGULATION

    OpenAIRE

    Міннігулова, Д. Б.

    2017-01-01

    In the legal literature, investigating the legal relationship arising on civil service, various concepts of the characteristic of a concept of the state-office relationships of state-civil employee are offered. The main of them are state-legal (constitutional), office (administrative), office-labor and labor theories. The variety of conceptual approaches to the characteristic of the legal relationship arising on civil service reflects features of administrative legal status of state-civil emp...

  14. Judge rebuked for planning to deny medicine to inmate.

    Science.gov (United States)

    1998-09-18

    The California Supreme Court censured State Judge Howard Broadman for proposing that [name removed], an HIV-infected prisoner, be denied medicine as a way of controlling treatment costs. The judge had attempted to postpone the sentencing of [name removed] for 2 months to research the idea of not requiring government physicians to provide anti-HIV medications to prisoners, once a conviction is final. The Supreme Court upheld the vote by the State Commission on Judicial Performances, by agreeing that Broadman engaged in willful misconduct by trying to trick [name removed] into accepting the postponement without revealing the reason behind it. Broadman has been found to have violated judicial ethics in other cases.

  15. Criminal and legal responsibilities in Tourette's syndrome.

    Science.gov (United States)

    Gullucayir, Sibel; Asirdizer, Mahmut; Yavuz, M Sunay; Zeyfeoglu, Yildiray; Ulucay, Tarik

    2009-01-01

    Tourette's Syndrome (TS) is a neuropsychological disorder characterized by the presence of multiple involuntary motor tics accompanied by one or more vocal tics. Articles about TS and criminal responsibility and the restriction of civil rights are limited. A person with TS was evaluated to consider his criminal responsibility after swearing at a referee during a football game. He was also evaluated as to whether or not he was capable of professionally driving a service bus. Additionally, medico-legal situations regarding military service, obtaining a shotgun license and marriages of patients with TS were considered.

  16. A proposal for judging the trustworthiness of research findings.

    OpenAIRE

    Gorard, S.

    2015-01-01

    This paper offers a procedure for, and a description of the elements involved in judging how trustworthy a research finding is. The idea is of value to the users of research evidence and to researchers themselves when creating a synthesis of existing evidence (i.e. in a literature review. The focus here is on active designs to address causal research questions, but the ideas can easily be extended to other types of research. Other than design, the elements suggested ar...

  17. Administrative law judge as a watchdog for air quality

    International Nuclear Information System (INIS)

    Schutte-Postma, L.; Van Wee, B.

    2005-01-01

    Insight is given on the correctness of judgements of the judge for the administrative law in the Netherlands with regard to air quality and the discontinuation of related spatial planning and building and construction projects. Also attention is paid to the new Decree on Air Quality, including the regulation on balancing. This regulation implies that deteriorated air quality in one place must be compensated by improved air quality somewhere else [nl

  18. Judging strangers’ trustworthiness is associated with theory of mind skills

    Directory of Open Access Journals (Sweden)

    Marie ePrevost

    2015-04-01

    Full Text Available Trusting people requires evaluating them to assess their trustworthiness. Evaluating a stranger’s intentions is likely to be one method of assessing trustworthiness. The present study tested the hypothesis that judgments of trustworthiness are associated with mindreading skills, also called theory of mind (ToM. We tested a group of healthy participants and a group of patients with paranoid schizophrenia. Both groups made theory of mind judgments and judged the trustworthiness of strangers. Participants were also assessed for their disposition to trust as well as levels of paranoid belief. As anticipated, healthy participants had normal ToM scores and patients with paranoid schizophrenia had poor ToM scores. In paranoid patients, better ability to read others' minds tended to be associated with judging others as more trustworthy, while the reverse was found in the healthy participants (better mind reading was associated with judging others as less trustworthy, suggesting a non-linear relationship between trust in others and being able to read their intentions.

  19. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    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

  20. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    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.

  1. 2001 Industry Studies: Services Industry

    National Research Council Canada - National Science Library

    Cervone, Michael

    2001-01-01

    .... has maintained its economic strength in traditional services industries such as transportation, tourism, public utilities, finance and insurance, accounting, engineering, architecture, medical, legal...

  2. State Legalization Impact Assistance Grant Program. FY 1989 Report to Congress.

    Science.gov (United States)

    Administration for Children and Families (DHHS), Washington, DC. Div. of State Legalization and Repatriation.

    The State Legalization Impact Assistance Grant (SLIAG) Program, administered by the Administration for Children and Families within the Department of Health and Human Services, provides grants to states to help them pay the costs of providing services to certain aliens legalized under the Immigration Reform and Control Act of 1986 (IRCA). An…

  3. Legal Status Of The Election Organizer Ethics Council An Analysis Of Indonesian Election Systems

    Directory of Open Access Journals (Sweden)

    Ardin

    2015-08-01

    Full Text Available This research aims to identify and to analyze the legal status of the Election Organizer Ethics Council in the General Election in Indonesia. This research is a normative research by using statute approach official records and the judges verdict which is then described qualitatively. These results indicate that the legal status of the Election Organizer Ethics Council in the general election in Indonesia as supporting organ that serves to uphold ethics rule of ethics and guarding democracy. The authority of Election Organizer Ethics Council in the general election in Indonesia sometimes out of authority. Ideal concept of the legal status of the Election Organizer Ethics Council in general elections was as supporting organ which have the infrastructure secretary general and administrative staff so it has a public legal entity as similar to the Election organizers serve as code of ethics enforcement agencies code of ethics and can equated to other state institutions.

  4. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    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

  5. 5 CFR 582.203 - Information minimally required to accompany legal process.

    Science.gov (United States)

    2010-01-01

    ... CIVIL SERVICE REGULATIONS COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process... to the court, or other authority, with an explanation of the deficiency. However, prior to returning...

  6. Argumentation in Legal Reasoning

    Science.gov (United States)

    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.

  7. [Child custody restrictions according to sections 1666, 1666a BGB from the child and adolescent psychiatry viewpoint--legal and practical principles].

    Science.gov (United States)

    Rüth, U

    1995-01-01

    Within the clinical practice of child and adolescent psychiatry, the needs of the child are recurrently endangered by parents' expectations and/or behaviour. The task of the doctors, therapists and local authority social workers is to work together with the child's parents or guardians in order to assess their parental competence and if need be to contravene the latter with a care order. According to German law there are different possibilities of restricting the patients' rights or making a care order for children and adolescents up to the age of 18 years. The local authority social services department may make a care order especially according to the wishes of the child or the adolescent or when other circumstances necessitate it, and obtain parental consent afterwards (section 42 KJHG). The rights of the parents may be restricted in either single areas eg the place of the child's residence (section 1666 BGB) or completely (section 1666a BGB) in cooperation with the guardianship judge. The task of the judge is to decide within the legal context whether such a restriction of parental responsibility is necessary to protect the child.

  8. Beliefs and expectancies in legal decision making: an introduction to the Special Issue.

    Science.gov (United States)

    McAuliff, Bradley D; Bornstein, Brian H

    2012-01-01

    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.

  9. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    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...

  10. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

    Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund

    2018-01-01

    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....

  11. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    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...

  12. You Be the Judge #15: Advocacy or Insubordination?

    Science.gov (United States)

    Zirkel, Perry A.

    2018-01-01

    For this 15th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is employment security. More specifically, the focus here is the sufficiency of the grounds for termination of a school psychologist in the wake of what the school…

  13. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    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

  14. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    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.

  15. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

    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...

  16. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Science.gov (United States)

    2010-10-01

    ... Appealable Orders § 821.16 Interlocutory appeals from law judges' rulings on motions. Rulings of law judges... 49 Transportation 7 2010-10-01 2010-10-01 false Interlocutory appeals from law judges' rulings on motions. 821.16 Section 821.16 Transportation Other Regulations Relating to Transportation (Continued...

  17. 8 CFR 246.4 - Immigration judge's authority; withdrawal and substitution.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judge's authority; withdrawal... IMMIGRATION REGULATIONS RESCISSION OF ADJUSTMENT OF STATUS § 246.4 Immigration judge's authority; withdrawal and substitution. In any proceeding conducted under this part, the immigration judge shall have...

  18. 20 CFR 405.310 - How to request a hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... administrative law judge. 405.310 Section 405.310 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.310 How to request a hearing before an administrative law judge. (a) Written request. You must request...

  19. 20 CFR 405.305 - Availability of a hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... administrative law judge. 405.305 Section 405.305 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.305 Availability of a hearing before an administrative law judge. You may request a hearing before an...

  20. 20 CFR 405.350 - Presenting evidence at a hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... administrative law judge. 405.350 Section 405.350 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.350 Presenting evidence at a hearing before an administrative law judge. (a) The right to appear and...

  1. 5 CFR 1201.142 - Actions filed by administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Actions filed by administrative law... AND PROCEDURES PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Actions Against Administrative Law Judges § 1201.142 Actions filed by administrative law judges. An administrative law judge who...

  2. 20 CFR 416.1444 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

    ... in order to receive new and material evidence. The administrative law judge may decide when the... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures § 416.1444...

  3. 20 CFR 404.952 - Consolidated hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... before us. (2) If the administrative law judge decides to hold the hearing on both claims, he or she... law judge. 404.952 Section 404.952 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL OLD-AGE... Determinations and Decisions Administrative Law Judge Hearing Procedures § 404.952 Consolidated hearing before an...

  4. 20 CFR 416.1452 - Consolidated hearings before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... are involved in another claim you have pending before us. (2) If the administrative law judge decides... administrative law judge. 416.1452 Section 416.1452 Employees' Benefits SOCIAL SECURITY ADMINISTRATION..., and Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures § 416.1452...

  5. 13 CFR 134.709 - When will a Judge dismiss an appeal?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false When will a Judge dismiss an....709 When will a Judge dismiss an appeal? (a) The presiding Judge will dismiss the appeal if the appeal is untimely filed under § 134.703. (b) The matter has been decided or is the subject of adjudication...

  6. 20 CFR 405.325 - Issues before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ..., before deciding the issue, provides you an opportunity to address it. The administrative law judge or any... Act, we already may have decided a fact that is an issue before the administrative law judge. If this... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Issues before an administrative law judge...

  7. 20 CFR 405.315 - Time and place for a hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... administrative law judge will decide whether to have that person appear in person or by video teleconference... administrative law judge. 405.315 Section 405.315 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405...

  8. 40 CFR 164.40 - Qualifications and duties of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Judge shall have the qualifications required by statute. He shall not decide any matter in connection... Administrative Law Judge. 164.40 Section 164.40 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY... Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) Administrative Law Judge § 164...

  9. 8 CFR 1003.9 - Office of the Chief Immigration Judge.

    Science.gov (United States)

    2010-01-01

    ... matters to be decided by the immigration judges; (4) Evaluate the performance of the Immigration Courts... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Office of the Chief Immigration Judge. 1003... JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge...

  10. 29 CFR 6.41 - Referral to Chief Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge to conduct such hearings as may be necessary to decide the disputed matters. A copy of... 29 Labor 1 2010-07-01 2010-07-01 true Referral to Chief Administrative Law Judge. 6.41 Section 6... Substantial Interest Proceedings § 6.41 Referral to Chief Administrative Law Judge. (a) Upon timely receipt of...

  11. 20 CFR 405.320 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

    ...) Conduct of the hearing. The administrative law judge will decide the order in which the evidence will be... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.320...

  12. 43 CFR 4.2 - Membership of appeals boards; decisions, functions of Chief Judges.

    Science.gov (United States)

    2010-10-01

    ... direct that an appeal may be decided by a panel of any two Administrative Judges of the Board, but if..., functions of Chief Judges. 4.2 Section 4.2 Public Lands: Interior Office of the Secretary of the Interior... appeals boards; decisions, functions of Chief Judges. (a) The Appeals Boards consist of regular members...

  13. 43 CFR 30.239 - How will the judge decide a petition for rehearing?

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false How will the judge decide a petition for... the judge decide a petition for rehearing? (a) If proper grounds are not shown, or if the petition is not timely filed, the judge will: (1) Issue an order denying the petition for rehearing and including...

  14. 20 CFR 658.710 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Decision of the Administrative Law Judge. 658... Agencies § 658.710 Decision of the Administrative Law Judge. (a) The Administrative Law Judge shall have jurisdiction to decide all issues of fact and related issues of law and to grant or deny appropriate motions...

  15. 20 CFR 405.365 - Consolidated hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... before us. (2) If the administrative law judge consolidates the claims, he or she will decide both claims... law judge. 405.365 Section 405.365 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.365...

  16. 43 CFR 30.145 - When can a judge reduce or disallow a claim?

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false When can a judge reduce or disallow a... PROBATE HEARINGS PROCEDURES Claims § 30.145 When can a judge reduce or disallow a claim? The judge has discretion to decide whether part or all of an otherwise valid claim is unreasonable, and if so, to reduce...

  17. 30 CFR 44.22 - Administrative law judges; powers and duties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Administrative law judges; powers and duties... MANDATORY SAFETY STANDARDS Hearings § 44.22 Administrative law judges; powers and duties. (a) Powers. An administrative law judge designated to preside over a hearing shall have all powers necessary or appropriate to...

  18. 24 CFR 26.32 - Powers and duties of the Administrative Law Judge (ALJ).

    Science.gov (United States)

    2010-04-01

    ... Procedure Act Administrative Law Judge § 26.32 Powers and duties of the Administrative Law Judge (ALJ). The... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Powers and duties of the Administrative Law Judge (ALJ). 26.32 Section 26.32 Housing and Urban Development Office of the Secretary...

  19. 29 CFR 458.76 - Duties and powers of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Duties and powers of the Administrative Law Judge. 458.76... LABOR STANDARDS OF CONDUCT STANDARDS OF CONDUCT Hearing and Related Matters § 458.76 Duties and powers of the Administrative Law Judge. It shall be the duty of the Administrative Law Judge to inquire...

  20. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    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,

  1. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

    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.

  2. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    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...

  3. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

    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)

  4. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    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...

  5. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    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...

  6. Brazilian abortion law: the opinion of judges and prosecutors.

    Science.gov (United States)

    Duarte, Graciana Alves; Osis, Maria José Duarte; Faúndes, Anibal; Sousa, Maria Helena de

    2010-06-01

    To analyze the opinion of judges and prosecutors concerning Brazilian abortion law and situations in which the abortion should be allowed. A cross-sectional study was performed with 1,493 judges and 2,614 prosecutors in Brazil between 2005 and 2006. Participants completed a structured questionnaire approaching sociodemographic characteristics, opinions about abortion law, and circumstances in which abortion is considered lawful. Bivariate and multivariate analyses of data were carried out through Poisson regression. The majority of participants (78%) found that the circumstances in which abortion is considered lawful should be broadened, or even that abortion should not be criminalized. The highest rates of pro-abortion opinions resulted from: risk to the life of the mother (84%), anencephaly (83%), severe congenital malformation of fetus (82%), and pregnancy resulting from rape (82%). Variables related to religion were strongly associated to the opinion of participants. There is a trend in considering the need of changing the current abortion law, in the sense of widening the circumstances in which abortion is considered lawful, or even toward decriminalizing abortion, regardless of the circumstances in which it takes place.

  7. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    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...

  8. [The dignity of the patient: a legal problem?].

    Science.gov (United States)

    Schultz, H

    1980-11-01

    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.

  9. Legal Considerations for Health Care Practitioners After Superstorm Sandy.

    Science.gov (United States)

    Hershey, Tina Batra; Van Nostrand, Elizabeth; Sood, Rishi K; Potter, Margaret

    2016-06-01

    During disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518-524).

  10. Service Semantics Classification : an Approach Towards Modular Service Ontology

    NARCIS (Netherlands)

    Sorathia, Vikram; Ferreira Pires, Luis; van Sinderen, Marten; Wijnhoven, Fons

    2009-01-01

    Since service systems are becoming increasingly complex in emerging technology, business, legal and economics environments, service abstractions are necessary to master this complexity. However, the term ‘service’ means different things to different people in different disciplines, which implies

  11. Controlling Legal Risk for Effective Hospital Management

    Directory of Open Access Journals (Sweden)

    Hyun Jun Park

    2016-04-01

    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.

  12. Controlling Legal Risk for Effective Hospital Management.

    Science.gov (United States)

    Park, Hyun Jun; Cho, Duk Young; Park, Yong Sug; Kim, Sun Wook; Park, Jae-Hong; Park, Nam Cheol

    2016-04-01

    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.

  13. Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

    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

  14. The analysis and evaluation of legal argumentation: approaches from legal theory and argumentation theory

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

    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

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

    Directory of Open Access Journals (Sweden)

    Andi Mardiana

    2015-06-01

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

  16. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

    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)

  17. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    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

  18. Legal aspects of some internet marketing instruments

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2012-01-01

    Full Text Available The development of the Internet and sophisticated search engines such as e.g. Google together with the spread of social networks have introduced new marketing possibilities of addressing potential clients with offer of goods and services. Unlike most traditional marketing procedures, these instruments allow for targeting the business information directly at concrete individuals, taking into consideration their age, sex, education, hobbies. All this is based on their choice of words keyed into the search engines. This is the targeted advertising where consumer response can be accurately measured, e.i. the so called context advertising.The purpose of this paper is to analyse the legal aspects of some of the above mentioned internet marketing instruments, as even in this sphere legal regulation clearly lags behind the dynamically developing possibilities of the Internet as a means of communication. These marketing methods being viewed from the perspective of valid laws, several problem areas may be detected, which concern the right of privacy protection of natural person, intellectual property, or legal regulation of implied or unsolicited advertising.This paper concentrates on the summary of rules of law which regulate internet users privacy protection with respect to the Czech and Community laws, assessment of their efficiency and de lege ferenda discretion.

  19. Legal and Regulatory Barriers to Reverse Innovation.

    Science.gov (United States)

    Rowthorn, Virginia; Plum, Alexander J; Zervos, John

    Reverse innovation, or the importation of new, affordable, and efficacious models to high-income countries from the developing world, has emerged as a way to improve the health care system in the United States. Reverse innovation has been identified as a key emerging trend in global health systems in part because low-resourced settings are particularly good laboratories for low-cost/high-impact innovations that are developed out of necessity. A difficult question receiving scant attention is that of legal and regulatory barriers. The objective of this paper is to understand and elucidate the legal barriers faced by innovators bringing health interventions to the United States. Semistructured qualitative interviews were conducted with 9 key informants who have directly participated in the introduction of global health care approaches to the United States health system. A purposive sampling scheme was employed to identify participants. Phone interviews were conducted over one week in July 2016 with each participant and lasted an average of 35 minutes each. Purely legal barriers included questions surrounding tort liability, standard of care, and concerns around patient-administered self-care. Regulatory burdens included issues of international medical licensure, reimbursement, and task shifting and scope of work challenges among nonprofessionals (e.g. community health workers). Finally, perceived (i.e. not realized or experienced) legal and regulatory barriers to innovative modalities served as disincentives to bringing products or services developed outside of the United States to the United States market. Conflicting interests within the health care system, safety concerns, and little value placed on low-cost interventions inhibit innovation. Legal and regulatory barriers rank among, and contribute to, an anti-innovation atmosphere in healthcare for domestic and reverse innovators alike. Reverse innovation should be fostered through the thoughtful development of

  20. Investigation on legal problems encountered by emergency medicine physicians in Turkey.

    Directory of Open Access Journals (Sweden)

    Afsin Emre Kayipmaz

    Full Text Available Medicine is a profession that carries certain risks. One risky area of practice is the emergency department. Emergency physicians diagnose and treat a high volume of patients, and are also responsible for preparing reports for forensic cases. In this study, we aim to investigate emergency physicians' legal-administrative problems and reveal their level of understanding on forensic cases.An electronic questionnaire form was prepared after the approval of an ethical committee. This form was sent to the residents, specialists and academicians of emergency medicine by e-mail. The physicians were asked to fill out the form online. All the gathered data was analyzed. Descriptive statistics were presented as frequency percentages with mean and standard deviation. Chi-square tests were used to compare the groups. Correlation between number of complaint cases and age, sex, career, institution, and duration of service in emergency department were investigated. p<0.05 was considered statistically significant.294 physicians participated in the questionnaire. According to the questionnaire, 170 of the physicians were reported to the patient communication units due to medical malpractice. Mean number of compliant reports was 3.20±3.5. 29 of the physicians received administrative penalties. 42 of the physicians were judged in the court for medical malpractice. 1 physician was fined 5000 Turkish Liras as a result of these judgments.We found that the number of complaint reports is negatively correlated with duration of service in emergency medicine and age. There was a significant difference between number of complaint reports and career (p<0.05. The physicians' level of awareness on forensic cases was found to be insufficient. Lack of legislation knowledge may be an important cause of complaint reports concerning emergency physicians, who have a high load of patients. Thus, we think that increasing the frequency of post-graduate education sessions and

  1. Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

    Science.gov (United States)

    Speldewinde, Christopher A; Parsons, Ian

    2015-01-01

    Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

  2. Jail detainee allowed to sue using pseudonym, Judge says.

    Science.gov (United States)

    1999-04-16

    U.S. District Judge Myron L. Gordon granted an HIV-positive plaintiff's request to be allowed to use a pseudonym in litigation against the City of Milwaukee because of the stigma still associated with AIDS. "John Roe" as the plaintiff is called, says when he was detained by the Milwaukee police, his HIV status was posted on his cell. The sign was in place for 3 hours, plainly visible to detainees and visitors. Although the booking officer told "Roe" it was a reminder to sanitize the cell, "Roe" alleges that this violated his constitutional rights and was caused by the city's failure to supervise and train its employees. The city did not oppose the motion, but objected to the plaintiff's request for a protective order, which would seal the documents containing his real name.

  3. Judging nursing information on the world wide web.

    Science.gov (United States)

    Cader, Raffik

    2013-02-01

    The World Wide Web is increasingly becoming an important source of information for healthcare professionals. However, finding reliable information from unauthoritative Web sites to inform healthcare can pose a challenge to nurses. A study, using grounded theory, was undertaken in two phases to understand how qualified nurses judge the quality of Web nursing information. Data were collected using semistructured interviews and focus groups. An explanatory framework that emerged from the data showed that the judgment process involved the application of forms of knowing and modes of cognition to a range of evaluative tasks and depended on the nurses' critical skills, the time available, and the level of Web information cues. This article mainly focuses on the six evaluative tasks relating to assessing user-friendliness, outlook and authority of Web pages, and relationship to nursing practice; appraising the nature of evidence; and applying cross-checking strategies. The implications of these findings to nurse practitioners and publishers of nursing information are significant.

  4. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    2018-02-01

    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.

  5. Challenges in legal translation - revisited

    Directory of Open Access Journals (Sweden)

    Ingrid Simonnæs

    2013-12-01

    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.

  6. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

    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.

  7. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

    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...

  8. Judicial Capacity in a Transforming Legal System

    Directory of Open Access Journals (Sweden)

    Hugh Corder

    2017-12-01

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

  9. Legal consciousness and legal culture in the context of legal education of future pharmacists

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

    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

  10. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

    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...

  11. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

    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.

  12. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

    . 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...

  13. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

    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.

  14. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

    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.

  15. Relationship between physician-judged functioning level and self-reported disabilities in elderly people with locomotive disorders.

    Science.gov (United States)

    Iwaya, Tsutomu; Doi, Tokuhide; Seichi, Atsushi; Hoshino, Yuichi; Ogata, Toru; Akai, Masami

    2017-01-01

    Locomotive disorders due to musculoskeletal involvement are one of the main causes requiring long-term care services in aging Japan. "Locomotive syndrome (LoS)" is a concept referring to the condition under which people require assistance from others or at risk in future. The object of this study is to examine the relationship between self-reported measure and physician-judged degrees on ADL disability in elder people with locomotive disorders. In a cross-sectional study, 711 patients who were aged 65 years old or more were recruited from 49 outpatient clinics and hospitals. We investigated ADL disabilities by self-reported questionnaire (Geriatric Locomotive Function Scale-25: GLFS-25) and physician-judged grading (Locomotive Dysfunction Grade: LDG) and examined the relationship between these two. We classified the severity of locomotive disability by clinical phenotype into six grades: LDG Grade 1 (N = 77), Grade 2 (213), Grade 3 (139), Grade 4 (162), Grade 5 (78), and Grade 6 (42). The mean of GLFS-25 was 25.9. The mean of GLFS-25 was 5.68 for Grade 1, 14.33 for Grade 2, 22.34 for Grade 3, 35.40 for Grade 4, 43.25 for Grade 5, and 60.24 for Grade 6. Significant differences of GLFS-25 scores were found between adjacent LDGs. Physician-judged grade of locomotive dysfunction was significantly related to self-reported assessment scale on ADL disability. Physician-judged dysfunction grade is readily administered scale and useful to assess the severity of locomotive dysfunction. Self-reported scale provides precise information on ADL disabilities due to locomotive organ dysfunction and is useful to develop intervention programs.

  16. Intimate partner violence: A helpful guide to legal and psychosocial ...

    African Journals Online (AJOL)

    a combined health and social sector system response to intimate partner violence, this article provides health professionals with insight into domestic violence and current legal and psychosocial support services. It focuses on how to support and advise abused women about practicalities of obtaining protection orders and ...

  17. Commercial sexual practices before and after legalization in Australia.

    Science.gov (United States)

    Seib, Charrlotte; Dunne, Michael P; Fischer, Jane; Najman, Jackob M

    2010-08-01

    The nature of sex work changes over time for many reasons. In recent decades around the world, there has been movement toward legalization and control of sex economies. Studies of the possible impact of legalization mainly have focused on sexually transmitted infections and violence, with little attention to change in the diversity of sexual services provided. This study examined the practices of sex workers before and after legalization of prostitution. Cross-sectional surveys of comparable samples of female sex workers were conducted in 1991 (N = 200, aged 16-46 years) and 2003 (N = 247, aged 18-57 years) in Queensland, Australia, spanning a period of major change in regulation of the local industry. In 2003, male clients at brothels and private sole operators (N = 161; aged 19-72 years) were also interviewed. Over time, there was a clear increase in the provision of "exotic" sexual services, including bondage and discipline, submission, fantasy, use of sex toys, golden showers, fisting, and lesbian double acts, while "traditional" services mostly remained at similar levels (with substantial decrease in oral sex without a condom). Based on comparisons of self-reports of clients and workers, the demand for anal intercourse, anal play, and urination during sex apparently exceeded supply, especially in licensed brothels. Within this population, legalization of sex work coincided with a substantial increase in diversity of services, but it appears that in the regulated working environments, clients who prefer high risk practices might not dictate what is available to them.

  18. Female-Headed Households Within The Legal Framework In ...

    African Journals Online (AJOL)

    ... labour code, civil status registration ordinance, penal code, and the general rules and regulations of the public service. The paper concludes that although there a variety of isolated inclusion of female-headed households in the legal framework, many are still not applied. International Journal of emotiaonl psychology and ...

  19. 42 CFR 35.14 - Solicitation of legal business; negotiation of release or settlement; assistance prohibited.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Solicitation of legal business; negotiation of... § 35.14 Solicitation of legal business; negotiation of release or settlement; assistance prohibited. All employees of the Service and all persons attached in any capacity to a station or hospital...

  20. The Social and Legal Status of Gay and Lesbian Students: An Update for Colleges and Universities.

    Science.gov (United States)

    Liddell, Debora L.; Douvanis, Costas J.

    1994-01-01

    Describes current social and legal status of gay students. Examines scope of the problem; defines legal issues; and cites relevant cases regarding students' rights of association, access to university services/facilities, and privacy. Discusses homosexuality as "illegal act" and notes differences between private and public institutions. Discusses…

  1. Socio-legal implication and public attitudes of rural women on ...

    African Journals Online (AJOL)

    Socio-legal implication and public attitudes of rural women on abortion in Southwestern, Nigeria. ... There is a need for mass enlightenment, improvement on legalising abortion laws, and provision of medical and surgical technologies to ensure access to safe abortion services. Keywords: Socio-legal, Abortion, Rural ...

  2. Legal Issues Affecting Libraries and Librarians: Employment Law, Liability and Insurance, Contracts, and Problem Patrons.

    Science.gov (United States)

    Mika, Joseph J.; Shuman, Bruce A.

    1988-01-01

    This fourth lesson in a continuing education course on legal issues affecting libraries and librarians discusses the library's rights and legal responsibilities in the areas of censorship and intellectual freedom, the Freedom of Information Act and patron privacy, problem patrons, and ethical considerations of library services. (14 references)…

  3. The challenges of fighting sex trafficking in the legalized prostitution market of the Netherlands

    NARCIS (Netherlands)

    Huisman, W.; Kleemans, E.R.

    2014-01-01

    In 2000, the Dutch authorities lifted the ban on brothels in the Netherlands. The essence of their approach was to regulate prostitution. People of legal age could now voluntarily sell and purchase sexual services. Brothels which complied with certain licensing conditions were legalized. This paper

  4. Domestic violence survivors and their experiences during legal process.

    Science.gov (United States)

    Özçakar, Nilgün; Yeşiltepe, Gözde; Karaman, Gökçe; Ergönen, Akça Toprak

    2016-05-01

    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.

  5. Legal advocacy as a tool to advance Roma Health.

    Science.gov (United States)

    Ezer, Tamar; Abdikeeva, Alphia; McKee, Martin

    2018-01-01

    Roma in central Europe face many violations of their rights, including those that impede their access to high-quality health care. Legal frameworks have the potential to address these violations, whereas legal advocacy services offer a means for enforcement of rights. We undertook key informant interviews with Roma civil society organisations and selected knowledgeable individuals in Macedonia, Romania and Serbia to identify lessons from the development of these services. Achievements were reported in four areas. Legal empowerment, with employment of Roma paralegals was especially effective, increasing awareness of the ability to challenge violations. Documentation of human rights violations is an important basis for advocacy, but does not guarantee redress, and may work best in combination with legal empowerment or international pressure. Strategic litigation can play a key role in removing bureaucratic obstacles that prevent Roma from exercising their right to access to health care. Progress in changing the narrative on Roma in the mainstream media has been limited but examples of good practice exist. Although much remains to be done, Roma groups report that legal advocacy has strengthened their ability to challenge rights violations, thereby enhancing their ability to access effective and responsive care.

  6. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    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.

  7. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

    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.

  8. SERIAL EFFECTS OF EVIDENCE ON LEGAL DECISION-MAKING

    Directory of Open Access Journals (Sweden)

    Raluca Enescu

    2012-07-01

    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.

  9. Las teorías del derecho en la formación de los jueces | The Theories of Law in the Education of Judges

    Directory of Open Access Journals (Sweden)

    Lorena Ramírez Ludeña

    2014-12-01

    Full Text Available Resumen: Los jueces asumen una posición sobre qué cuenta o no como derecho cuando resuelven casos. Parece entonces que deberían recibir una buena formación en teoría del derecho, que precisamente intenta ofrecer una respuesta a esa cuestión. En el trabajo analizo las dificultades relativas a la formación de los jueces en teoría del derecho. En la última parte, sostengo que debe formarse a los jueces en diversas teorías del derecho (plausibles y que las partes del proceso deberían tener una mayor intervención en relación al derecho aplicable. Abstract: Judges take up a position on what counts as law when they decide a case. It seems, then, that they should get a good education in theory of law, which purports to provide an answer to that very question. In this paper, I analyze the difficulties regarding the education of judges in legal theory. In the last part, I argue that judges should be educated in several (plausible theories of law and that the parties in litigation should have a greater say in relation to the applicable law.

  10. 29 CFR 102.35 - Duties and powers of administrative law judges; stipulations of cases to administrative law...

    Science.gov (United States)

    2010-07-01

    ..., the judge (or the Board) will decide the case or make other disposition of it. (10) To make and file... 29 Labor 2 2010-07-01 2010-07-01 false Duties and powers of administrative law judges; stipulations of cases to administrative law judges or to the Board; assignment and powers of settlement judges...

  11. Equal Justice and the Digital Revolution: Using Technology To Meet the Legal Needs of Low-Income People.

    Science.gov (United States)

    Gordon, Julia

    This report describes one group of nonprofit organizations that provide free civil legal assistance to qualifying low-income people. Between 1997-2001, legal services programs made significant strides in using technology to improve services. In the mid-1990s, they began using new technologies on an increasingly regular basis. However, few had…

  12. Health risks in perspective: Judging health risks of energy technologies

    Energy Technology Data Exchange (ETDEWEB)

    Rowe, M.D.

    1992-09-18

    Almost daily, Americans receive reports from the mass news media about some new and frightening risk to health and welfare. Most such reports emphasize the newsworthiness of the risks -- the possibility of a crisis, disagreements among experts, how things happened, who is responsible for fixing them, how much will it cost, conflict among parties involved, etc. As a rule, the magnitudes of the risks, or the difficulty of estimating those magnitudes, have limited newsworthiness, and so they are not mentioned. Because of this emphasis in the news media, most people outside the risk assessment community must judge the relative significance of the various risks to which we all are exposed with only that information deemed newsworthy by reporters. This information is biased and shows risks in isolation. There is no basis for understanding and comparing the relative importance of risks among themselves, or for comparing one risk, perhaps a new or newly-discovered one, in the field of all risks. The purpose of this report is to provide perspective on the various risks to which we are routinely exposed. It serves as a basis for understanding the meaning of quantitative risk estimates and for comparing new or newly-discovered risks with other, better-understood risks. Specific emphasis is placed on health risks of energy technologies.

  13. 78 FR 22913 - Review of Copyright Royalty Judges Determination

    Science.gov (United States)

    2013-04-17

    ..., including Preexisting Subscription Services (``PSS'') and Satellite Digital Audio Radio Services (``SDARS... SDARS); accord SoundExchange, Inc. v. Librarian of Congress, 571 F.3d 1220, 1222 (D.C. Cir. 2009....'' Recording Indus. Ass'n v. Librarian of Congress, 608 F.3d 861, 865 (D.C. Cir. 2010) (alterations in original...

  14. Neurological legal disability

    Directory of Open Access Journals (Sweden)

    Radhakrishna H

    2006-01-01

    Full Text Available Neurological disorders with a prolonged course, either remediable or otherwise are being seen increasingly in clinical practice and many such patients are young and are part of some organization or other wherein their services are needed if they were healthy and fit. The neurologists who are on the panel of these organizations are asked to certify whether these subjects are fit to work or how long they should be given leave. These certificates may be produced in the court of law and may be subjected to verification by another neurologist or a medical board. At present there are no standard guidelines in our country to effect such certification unlike in orthopedic specialty or in ophthalmology. The following is a beginning, based on which the neurologist can certify the neurological disability of such subjects and convey the same meaning to all neurologists across the country.

  15. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

    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.

  16. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    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

  17. Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia

    Directory of Open Access Journals (Sweden)

    Khairil Azmin Mokhtar

    2017-03-01

    Full Text Available Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

  18. Perspective Reforms for Approximation of the Ukrainian Legal Framework for Telecommunications

    DEFF Research Database (Denmark)

    Batura, Olga; Kretova, Olga A.

    2016-01-01

    This article studies Ukrainian legal and regulatory rules for telecommunications services markets against the backdrop of Ukrainian commitments under the GATS and especially the Association Agreement with the EU. The study elucidates to what extent the Ukrainian telecoms regulatory framework...

  19. Rhetorical Strategies in Legal Argumentation. Some remarks on the recent decisions of the Portuguese Tribunal Constitucional and the Italian Corte Costituzionale on same-sex marriage

    Directory of Open Access Journals (Sweden)

    Giovanni Damele

    2011-03-01

    Full Text Available Legal argumentation is usually considered the more formal (or, at least, formalistic kind of practical argumentation, thanks to the long tradition of “legal syllogism” as its formal instrument, but also to its legal restraint (the formalistic aspect. Yet, in arguments such as those used, for example, by high courts in their justifications, we may find not only strict formalism and adherence to the letter of the law, but also the attempt to resolve differences of opinion and conflicts of interest, and perhaps also the rhetorical attempt to persuade the legal community, the legislator or even public opinion of the soundness of the court’s decision. But there could be more than that. I think that contemporary theories of legal argumentation have let aside the idea that the analysis of legal argumentations can show the judges' hidden ideological and political positions by resorting to traditional legal arguments. Just as an example, it may be interesting to analyze the justificatory function of argumentations contained in two decisions taken by two constitutional courts, in Italy and in Portugal, on the same question. Why constitutional courts and not, for example, a court of first instance? Constitutional judges, apparently, do not need to persuade anybody: there is no higher judicial authority, and their interpretation of constitutional text is definitive. For this reason, one can assume that strategic argumentation plays little role in the arguments justifying their verdicts. I hope I can show that this assumption may not, fully, reflect the reality.

  20. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

    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)

  1. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

    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.

  2. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    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...

  3. The role of advocacy in occasioning community and organizational change in a medical-legal partnership.

    Science.gov (United States)

    Anderson-Carpenter, Kaston D; Collie-Akers, Vicki; Colvin, Jeffrey D; Cronin, Katie

    2013-01-01

    Health disparities among low-income individuals remain a significant problem. A number of social determinants are associated with adverse health outcomes. Medical-legal partnerships address legal concerns of low-income individuals to improve health and wellness in adults and children. The Medical-Legal Partnership at Legal Aid of Western Missouri provides free direct legal services for patients with legal concerns affecting health. There is limited evidence regarding the association between advocacy-related efforts and changes within both the medical-legal partnership structure and in health-care facilities. Three health-care organizations in Kansas City, MO participated in implementing the medical-legal partnership model between 2007 and 2010. Advocacy efforts conducted by key medical-legal partnership personnel were strongly associated with changes in health-care organizations and within the medical-legal partnership structure. This study extends the current evidence base by examining the types of advocacy efforts required to bring about community and organizational changes.

  4. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

    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.)

  5. The Legal Junction: the complex promise of modern legal professionalism

    NARCIS (Netherlands)

    A.J. Kwak

    2005-01-01

    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

  6. Competitive Legal Professionals' use of Technology in Legal ...

    African Journals Online (AJOL)

    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 ...

  7. Challenges and difficulties in service to legal requirements applicable to a pipeline works at the Amazon rain forest, Brazil; Os desafios e dificuldades no atendimento aos requisitos legais aplicaveis a uma obra na Amazonia

    Energy Technology Data Exchange (ETDEWEB)

    Freitas, Wanderleia I.P. de [Universidade do Estado do Amazonas (UEA), Manaus, AM (Brazil); Freitas, Jaluza G.M.R. de; Teixeira, Ivan J.L. [Concremat Engenharia e Tecnologia, Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This work brings together the difficulties and results generated in response to Brazilian Environmental Law applicable to a work of pipelines in the Amazon. We are a country that has the most extensive and rich environmental legislation in the world, and Engineering at PETROBRAS, through the Implementation of Enterprise for the North, responsible for the deployment of this pipeline, has ISO 14001:2004 certification, taking as the minimum requirement attending the applicable legal requirements, and serve them in if there are difficulties elsewhere in the country, here in the Amazon it is increased meet the logistical difficulties, the distances from major centres, the needs of technology, information and access to basic resources. This article discusses topics such as: transport of hazardous waste in an environmentally safe way in one of the largest rivers in the world, installing devices sewage treatment in regional boats, and teach the riparian preserve the historic and archaeological findings, these are just examples found. We know that all eyes of the world is impressive return to the Amazon rain forest, and that cross, or rather 'rip' their 383 km of primary forest, virgin land, almost untouched even by the people native of the region, in itself constitutes a great challenge. (author)

  8. Patterns of Eye Movements When Observers Judge Female Facial Attractiveness

    Directory of Open Access Journals (Sweden)

    Yan Zhang

    2017-11-01

    Full Text Available The purpose of the present study is to explore the fixed model for the explicit judgments of attractiveness and infer which features are important to judge the facial attractiveness. Behavioral studies on the perceptual cues for female facial attractiveness implied three potentially important features: averageness, symmetry, and sexual dimorphy. However, these studies did not explained which regions of facial images influence the judgments of attractiveness. Therefore, the present research recorded the eye movements of 24 male participants and 19 female participants as they rated a series of 30 photographs of female facial attractiveness. Results demonstrated the following: (1 Fixation is longer and more frequent on the noses of female faces than on their eyes and mouths (no difference exists between the eyes and the mouth; (2 The average pupil diameter at the nose region is bigger than that at the eyes and mouth (no difference exists between the eyes and the mouth; (3 the number of fixations of male participants was significantly more than female participants. (4 Observers first fixate on the eyes and mouth (no difference exists between the eyes and the mouth before fixating on the nose area. In general, participants attend predominantly to the nose to form attractiveness judgments. The results of this study add a new dimension to the existing literature on judgment of facial attractiveness. The major contribution of the present study is the finding that the area of the nose is vital in the judgment of facial attractiveness. This finding establish a contribution of partial processing on female facial attractiveness judgments during eye-tracking.

  9. ["Rabies odontologica" Analysis of communications among dentists by legal means].

    Science.gov (United States)

    Wolf, M; Rosenberger, W

    2002-11-01

    The present study examines developments in the language used in protests, appeals and objections as lodged by patients and by attending dentists in regard to formal legal aspects and contents. The study is based on about 15,000 expert reports prepared by the Dental Services Department of the City of Wuppertal during the period from 1990 to 2001. The investigation reveals a considerable and growing discrepancy between the neutral and objective language qua legal proviso of the expert reports and the diction used in the objections, above all on the part of dentists. The authors propose a set of instruments to be used for legal analysis of texts and discuss possible reasons, including non-medical reasons, for the documented deplorable drop in standard of controversies among dentists in particular.

  10. Legalization of cannabis: Considerations for intervening with adolescent consumers.

    Science.gov (United States)

    Walker, Denise D

    2017-11-01

    Eight states and the District of Columbia have legalized the recreational use of cannabis for adults and more are expected to follow suit. After alcohol, cannabis is the most commonly used drug by adolescents. Consumption of this drug during this developmental period poses unique risks. Therefore, attention must be paid both to how legalization affects adolescents and how tailored interventions can effectively address their needs for assistance. This commentary offers considerations for how legalization might be crafted so as to benefit adolescents. It additionally focuses on how services might be designed to reach and intervene with teens who are questioning their use or are experiencing a cannabis use disorder and desire assistance in quitting. Copyright © 2017. Published by Elsevier Inc.

  11. 8 CFR 1246.4 - Immigration judge's authority; withdrawal and substitution.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judge's authority; withdrawal and substitution. 1246.4 Section 1246.4 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS RESCISSION OF ADJUSTMENT OF STATUS § 1246.4 Immigration judge's...

  12. 20 CFR 405.371 - Notice of the decision of an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Notice of the decision of an administrative law judge. 405.371 Section 405.371 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.371...

  13. 20 CFR 405.331 - Submitting evidence to an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Submitting evidence to an administrative law judge. 405.331 Section 405.331 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.331 Submitting...

  14. 20 CFR 405.301 - Hearing before an administrative law judge-general.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Hearing before an administrative law judge-general. 405.301 Section 405.301 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.301 Hearing...

  15. 20 CFR 405.370 - Decision by the administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Decision by the administrative law judge. 405.370 Section 405.370 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.370 Decision by the...

  16. 20 CFR 405.316 - Notice of a hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Notice of a hearing before an administrative law judge. 405.316 Section 405.316 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.316...

  17. 20 CFR 405.372 - Finality of an administrative law judge's decision.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Finality of an administrative law judge's decision. 405.372 Section 405.372 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.372 Finality of...

  18. Judging Children's Participatory Parity from Social Justice and the Political Ethics of Care Perspectives

    Science.gov (United States)

    Bozalek, Vivienne

    2011-01-01

    This article proposes a model for judging children's participatory parity in different social spaces. The notion of participatory parity originates in Nancy Fraser's normative theory for social justice, where it concerns the participatory status of adults. What, then, constitutes participatory parity for children? How should we judge the extent to…

  19. 20 CFR 667.830 - When will the Administrative Law Judge issue a decision?

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false When will the Administrative Law Judge issue... Adjudication and Judicial Review § 667.830 When will the Administrative Law Judge issue a decision? (a) The ALJ... ARB must be decided within 180 days of acceptance. If not so decided, the decision of the ALJ...

  20. 34 CFR 81.5 - Authority and responsibility of an Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Judge. 81.5 Section 81.5 Education Office of the Secretary, Department of Education GENERAL EDUCATION... Judge. (a) An ALJ assigned to a case conducts a hearing on the record. The ALJ regulates the course of... decides the disqualification matter before proceeding further with the case. (Authority: 5 U.S.C. 556(b...