WorldWideScience

Sample records for legislation court cases

  1. Ability-to-pay principle in the Montenegro tax system: Constitutional court case practice and legislative approach

    Directory of Open Access Journals (Sweden)

    Vukčević Ilija

    2014-01-01

    Full Text Available The tax systems of many countries have faced major changes because of the global financial crisis. A budget deficit and decrease in revenues have forced the Montenegrin legislators to introduce new taxes and to increase the rates of already existing taxes. Indirect taxes (VAT, excises and custom duties represented the biggest source of tax revenues in 2011 and 2012. Due to this fact, changes in the tax system were scrutinized in the light of their social effects, especially regarding the principle of ability-to-pay. This article will analyze the understanding of this principle in the case practice of the Constitutional Court of Montenegro and the Parliament of Montenegro. Precisely, it will show that these two important institutions do not understand this important tax principle correctly.. On one side, the analysis will show conclusions of the Constitutional Court of Montenegro that there is no legal basis for the introduction of the ability-to-pay principle in the Montenegrin tax system and that it has no authorization to assess the impact that the burden of a fiscal duty has on taxpayers are totally incorrect. On the other side, the introduction of the progressive tax scale regarding employment income earned only from a single employer had left other types of income and employment income generated from more than one employer out of the tax progression.

  2. The relationship between administrative court control and legislative control

    International Nuclear Information System (INIS)

    Beckmann, M.

    1986-01-01

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

  3. Ability-to-pay principle in the Montenegro tax system: Constitutional court case practice and legislative approach

    OpenAIRE

    Vukčević Ilija

    2014-01-01

    The tax systems of many countries have faced major changes because of the global financial crisis. A budget deficit and decrease in revenues have forced the Montenegrin legislators to introduce new taxes and to increase the rates of already existing taxes. Indirect taxes (VAT, excises and custom duties) represented the biggest source of tax revenues in 2011 and 2012. Due to this fact, changes in the tax system were scrutinized in the light of their social effects, especially regarding the pri...

  4. Chinese court case fiction

    DEFF Research Database (Denmark)

    Hansen, Kim Toft

    2011-01-01

    breathed the breath of life into it? The usual answer is that crime fiction, in fact, was invented by Poe, but another counter-view is that China – at that point – had had a long narrative tradition for stories about crime and detection. The socalled gongan genre – court case fiction – was probably...... established as early as the 6th Century AD, whereas the first substantial evidence of the tradition is from 13th Century and the first Chinese crime fiction novels were written during the 17th Century. This article is, then, a corrective for the international history of crime fiction based on numerous...

  5. Assisted Reproduction and the Courts: The Case of California

    Science.gov (United States)

    Maule, Linda S.; Schmid, Karen

    2006-01-01

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

  6. DEVELOPMENTS IN THE CONSTITUTIONAL REVIEW. CONSTITUTIONAL COURT BETWEEN THE STATUS OF NEGATIVE LEGISLATOR AND THE STATUS OF POSITIVE CO-LEGISLATOR

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2012-11-01

    Full Text Available The study wants to emphasize that Constitutional Courts belonging to the European model depart from their traditional role as ”negative legislator” – which refers to the effect of their acts consisting in removal from the legal system of those rules contrary to the Basic Law -, becoming, to a certain extent, a ”positive legislator”. Official interpreters of the Constitution, Constitutional Courts assume, sometimes, a role of co-legislators, creating provisions they deduct from the Constitution - when controlling the absence of legislation or legislative omissions -, and revealing the content of constitutional and even infraconstitutional rules accordingly with the Constitution in their case-law, whose effects are nothing but specific forms of „impulse” or „coercion” of the legislator to proceed in a certain sense, and whose continuous development guides the evolution of the entire legal system. Case – law selected presents ways in which the Constitutional Court of Romania is associated to law-making activity. Without minimizing in any way its traditional role as "negative legislator", the study refers mainly to acts and situations that give expression to the creative role of the Constitutional Court of Romania.

  7. Prosecutors and Use of Restorative Justice in Courts: Greek Case.

    Science.gov (United States)

    Wasileski, Gabriela

    2015-06-18

    The purpose of this research study was to examine the experiences of prosecutors in Athens, Greece, as they implement a restorative justice (RJ; mediation) model in cases of intimate partner violence (IPV). Greece recently enacted a new legislation related to domestic violence, part of the requirement is mediation. This study used semi-structured interviews with 15 public prosecutors at the courts of first instance and three interviews with facilitators of mediation process. The findings indicate widespread role confusion. Prosecutors' experiences, professional positions, and views of RJ in adult cases of gendered violence were shaped by their legal training. That is, their perceptions reflected their work in an adversarial system. Their views were complex yet ultimately unreceptive and their practices failed the victims of IPV. The study report concluded with recommendations for the legislators and for better preparation of court actors. © The Author(s) 2015.

  8. Court Remands as a Percentage of New Court Cases Filed

    Data.gov (United States)

    Social Security Administration — Longitudinal report detailing the numbers and percentages of court remand actions received during each Fiscal Year 2010 - onward as compared to the total number of...

  9. Legislative technique and human rights: the sad case of assisted suicide.

    Science.gov (United States)

    Tur, Richard H S

    2003-01-01

    Ths article reviews the issues raised by the case of Diane Pretty and argues that contrary to the views of the English Courts and the European Court of Human Rights, section 2 of the Suicide Act 1961 is incompatible with the Convention. Failing legislative reform, the DPP should formulate and publicise criteria for the exercise of its consent to prosecution in cases of assisted suicide.

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

    DEFF Research Database (Denmark)

    Faeh, Andrea Beata

    2015-01-01

    a number of questions about the limits to the Court’s jurisdiction and whether was acting as a legislator rather than in a judicial capacity. As a consequence of the Court’s judicial activism, biotechnological inventions manoeuvre in a new, more restrictive legal environment than before. However......, this autonomous interpretation of ‘human embryo’ and the flexibility allowed to the national courts needed further clarification. This clarification was recently given by the Court’s Grand Chamber in International Stem Cell Corporation v Comptroller General Patents where the Court concluded that a non...

  11. ANALYSIS OF PUBLIC COURT-ORDERED-DEBT DISCLOSURE: INFLUENCE OF LEGISLATION AND FUNDAMENTALS OF ACCOUNTING THEORY

    Directory of Open Access Journals (Sweden)

    Lucas Oliveira Gomes Ferreira

    2012-03-01

    Full Text Available The purpose of the present study is to analyze the accounting disclosure of judicial payments warrants (precatórios, issued when governmental entities are found liable for pecuniary awards in lawsuits according to accounting theory, and to verify if the current legislation interferes in the accounting treatment of these instruments. In this sense, we performed a documental and literature review about the legal framework and accounting procedures adopted, as well gathered data from the National Treasury Secretariat Data Collection System (SISTN in the period 2004-2009 and consulted a study carried out by the Supreme Court (STF in 2004. The study’s justification is based on the perception that over than a half of judicial payment warrants are not registered in the public accounts. Consequently, whereas these warrants (i vested rights of the plaintiffs and (ii debts of the public entity, the lack of accounting disclosure jeopardizes both the beneficiary, whose right is not reflected in the public accounts, thus casting doubt on the expectation to receive payment, and government managers and society, who do not have reliable information that allows effective management. The innovation of this paper consists of discussing identification of the appropriate moment of the generating event of the underlying debts and the proposal of disclosure considering the risk classification. In conclusion, the influence of the current legislation and the failure to observe accounting fundamentals are among the likely factors that have affected the proper accounting of judicial payment warrants within the Brazilian public administration.

  12. Minnesota in the Supreme Court. Lessons on Supreme Court Cases Involving Minnesotans.

    Science.gov (United States)

    Bloom, Jennifer

    This document focuses on cases brought by Minnesotans to the U.S. Supreme Court. The five lessons featured are designed to provide secondary classroom teachers with material needed to teach each unit. Lessons cover Supreme Court proceedings, free press issues, freedom of religion, abortion rights, and privilege against self-incrimination.…

  13. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

    Full Text Available Abstract Performance assessments have become commonplace in management, even in the public sector. With the increasing pressure on courts to perform while making efficient use of resources, performance assessments in the justice system are also gaining in importance. However, the need for judicial independence poses special challenges for performance assessments in courts. Against this background, this article conducts a constitutional appraisal, and contrasts the need for judicial independence with the principles governing effectiveness and efficiency, self-government and supervision, and appointment and re-appointment. A duty to guarantee justice can be derived from this that does not in principle exclude the performance assessment of judges, but even renders it essential, subject to compliance with certain requirements. In these circumstances, it seems hardly surprising that numerous countries conduct performance assessments of judges and also that various international institutions have developed principles for this purpose, a summary of which is presented – in Switzerland’s case based on a recently conducted survey. In the field of conflict between the guaranteeing justice and protecting the judiciary, the following key questions arise in particular: What is the purpose of performance assessments and what are the consequences?What is subjected to a performance assessment and what are the assessment criteria?How is performance recorded as the basis for the performance assessment?Who is subjected to a performance assessment, and must a distinction be made between judges in higher and lower courts?Who carries out the performance assessment and what methods of protecting one’s rights are available?Who should receive the results of the performance assessment?The contribution sketches out possible answers to these key questions and aims to encourage academics and practitioners to give further consideration to this subject.

  14. Antiracism legislation in Brasil: approaching the application of the law in the Brazilian courts

    Directory of Open Access Journals (Sweden)

    Marta Rodriguez de Assis Machado

    2015-01-01

    Full Text Available The paper presents the main results of an empirical research on decisions in cases concerning racism, racial discrimination and racial slander handed down by Brazilian Appeal Courts. We analyzed 200 decisions from 1998 to 2010 that are available on the online databanks of the Appeal Courts of nine Brazilian Federal States (Acre, Bahia, Mato Grosso do Sul, Paraíba, Pernambuco, Rio de Janeiro, Rondônia, Rio Grande do Sul e São Paulo. The data presented allows us to discuss the current diagnosis about how the Brazilian Judiciary deals with racism and racial discrimination and to understand the potential and limitations of the existing legal instruments to confront the social problems of racism in Brazil. In the introduction of the paper, we present a brief explanation about the history of Brazilian punitive antiracist statutes, and we discuss the existing research in this field. Afterwards we explain our methodological choices used to construct this research and how we interpreted the data collected. In section three, we present our main quantitative findings. Finally, we discuss it critically and make some considerations about the strategy of the social movements involving the juridification of racism via criminal law. We also raise some questions for a future research agenda.

  15. Equality, Legal Certainty and Tax Legislation in the Netherlands
    Fundamental Legal Principles as Checks on Legislative Power: A Case Study

    Directory of Open Access Journals (Sweden)

    Hans Gribnau

    2013-03-01

    Full Text Available Fundamental legal principles may function as a check on legislative power protecting citizens against arbitrary interferences with their liberty. This contribution deals with the principle of equality and the principle of certainty. First, the testing of legislation against the principle of equality is presented as a case study of constitutional review. In the Netherlands, the constitutional dialogue between the legislator and the Dutch Supreme Court revolving around the principle of equality demonstrates a fair amount of subtle details. As a result, constitutional review can hardly be called an all or nothing affair.Secondly, retroactive tax legislation is dealt with. The legislator does seem to take the principle of legal certainty, another fundamental legal principle, quite seriously, although no testing of statutory legislation is possible by the courts. With regard to retroactive tax legislation the Government has committed itself in a memorandum, requested by Parliament, to adhere to rules of conduct with regard to different situations where it deems retroactive tax legislation to be justified. Thus, a soft law instrument facilitates a dialogue between different partners in the business of law-making.

  16. The Teddy Bear Clinic Constitutional Court case: Sexual conduct ...

    African Journals Online (AJOL)

    The Teddy Bear Clinic Constitutional Court case: Sexual conduct between adolescent consenting children aged under 16 years decriminalised and a moratorium on the reporting duties of doctors and others.

  17. Criminal policy of the Colombian State and the rights of persons deprived of liberty: Legislative Analysis and Constitutional Court jurisprudence

    Directory of Open Access Journals (Sweden)

    Omar Huertas Díaz

    2013-12-01

    Full Text Available With the entry into force of the 1991 Constitution, Colombia entered the era of fundamental rights as they catalog the Superior text is large and that the Constitutional Court has given scope beyond the simple meaning of the sentences that make each of these fundamental rights. In turn, it started the legislation has couple that were in effect prior to the new Charter and new rules are enacted. In this legislative development, the Colombian State has issued numerous rules that allow the restriction of personal freedom of the people living in the Colombian territory, whether of a temporary (security measures or has permanent level (custodial sentences. In that future legislation, the crisis within jails and prisons in the country worsened, today introduced massive violations of fundamental rights of persons deprived of liberty by court order. Overcrowding, lack of information necessary to meet the basic needs of prisoners, the absence of a criminal policy consonant with the reality of these detention centers are just some of the issues that shape the aforementioned rights violations. With the research carried seeks to make recommendations to the criminal policies in jail and prison, to enable the State to overcome this crisis.

  18. Legislation

    International Nuclear Information System (INIS)

    2002-01-01

    This bulletin contains information about activities of the Nuclear Regulatory Authority of the Slovak Republic (UJD). In this leaflet the legislation activities of the UJD are presented. The Nuclear Regulatory Authority (UJD) of the Slovak Republic, as the central body, performs legislative activities within its competence and defines binding criteria in the area of nuclear safety. In the area of nuclear safety the Act No.130/1998 Coll. 'on peaceful use of nuclear energy' (Atomic Act) is the principal document which came into force on July 1, 1998. Based on the Atomic Act UJD issued decrees on special materials and installations, limits for maximum quantities of nuclear materials at which nuclear damage is not presumed. Furthermore, the regulations are issued which deal with provision of physical protection of nuclear material and radioactive waste, professional ability of employees at nuclear installations, registration and control of nuclear materials, emergency planning for the case of an incident or an events on nuclear installations at their decommissioning, transportation of nuclear materials and radioactive waste. Simultaneously, other 6 regulations are just before the before the completion and they are in various stages of the of the legislative process. In addition, UJD performs remarkable activities in legislative area by preparation of comments to drafts of other relating generally binding legal provisions of the Slovak Republic. UJD also acts as the participant of the review procedure in the area of technical standards and publication. UJD also issues documents which have character of the recommendations, so called safety guides. These guides contain methods and approach how to meet safety requirements presented in binding documents, as acts and decrees. In accordance with the Atomic act it is possible to use nuclear energy or make business in the area of nuclear energy only the basis of the authorisation issued by UJD. Authorisations are following

  19. Legislating for advocacy: The case of whistleblowing.

    Science.gov (United States)

    Watson, Chanel L; O'Connor, Tom

    2017-05-01

    The role of nurses as patient advocates is one which is well recognised, supported and the subject of a broad body of literature. One of the key impediments to the role of the nurse as patient advocate is the lack of support and legislative frameworks. Within a broad range of activities constituting advocacy, whistleblowing is currently the subject of much discussion in the light of the Mid Staffordshire inquiry in the United Kingdom (UK) and other instances of patient mistreatment. As a result steps to amend existing whistleblowing legislation where it exists or introduce it where it does not are underway. This paper traces the development of legislation for advocacy. The authors argue that while any legislation supporting advocacy is welcome, legislation on its own will not encourage or enable nurses to whistleblow.

  20. Accidents in Malaysian construction industry: statistical data and court cases.

    Science.gov (United States)

    Chong, Heap Yih; Low, Thuan Siang

    2014-01-01

    Safety and health issues remain critical to the construction industry due to its working environment and the complexity of working practises. This research attempts to adopt 2 research approaches using statistical data and court cases to address and identify the causes and behavior underlying construction safety and health issues in Malaysia. Factual data on the period of 2000-2009 were retrieved to identify the causes and agents that contributed to health issues. Moreover, court cases were tabulated and analyzed to identify legal patterns of parties involved in construction site accidents. Approaches of this research produced consistent results and highlighted a significant reduction in the rate of accidents per construction project in Malaysia.

  1. Putting the Victim’s families first: The comparative analysis of the Inter-American Court of Human Rights and the European Court of Human Rights on the Right to be Free from Torture in cases of Enforced Disappearances

    Directory of Open Access Journals (Sweden)

    Ashley Needham

    2015-12-01

    Full Text Available This article aims to assess the American Convention on Human Rights in relation to the European Convention on Human rights on the topic of decisions made in cases of enforced disappearances. Case law, peer-reviewed articles, books, and legislation were used in the course of the article. The argument in this article is that the Inter-American Court of Human Rights is more responsive to the vulnerability of the applicant to the Court, in cases of enforced disappearances, in comparison to the European Court of Human Rights. This is because the Inter-American Court uses a lesser standard of proof than beyond a reasonable doubt when assessing violations of the right to be free from torture. In contrast, the European Court uses the standard of beyond a reasonable doubt only when dealing with allegations of violations of Article 3 of the ECHR, which is the prohibition of torture. This use of the standard is inappropriate given that the role of international human rights law is not to be punitive, for that is the role of a criminal court, but rather to give reparation and redress to the victims and families of victims of human rights violations. The article finds that the Inter-American Court is more progressive than the European Court when addressing the right to be free from torture in cases of enforced disappearances due to its extensive experience, its lack of a rigid standard of proof, and its opinion on the responsibility of burden of proof.

  2. The Teddy Bear Clinic Constitutional Court case: Sexual conduct ...

    African Journals Online (AJOL)

    The Constitutional Court in the Teddy Bear Clinic appeal case held that the sections of the Sexual Offences Act that impose criminal liability for sexual offences on adolescent children under 16 years of age are invalid. The invalidity was suspended for 18 months to allow Parliament to correct the Act's defects. A moratorium ...

  3. Using frames to determine ordinary meaning in court cases: the ...

    African Journals Online (AJOL)

    Abstract. The South African judicial system has a variety of ways to determine the ordinary meaning of words, ranging from preceding court cases and academic publications to expert witnesses. However, one of the main resources in the interpretation of ordinary words is a dictionary. Much has already been published on ...

  4. Analisys of IT outsourcing contracts at the TCU (Federal Court of Accounts and of the legislation that governs these contracts in the Brazilian Federal Public administration

    Directory of Open Access Journals (Sweden)

    Graziela Ferreira Guarda

    2015-09-01

    Full Text Available Information technology (IT outsourcing has for a long time been a major trend in business and government. Accountability of IT outsourcing contracts in the public administration is recognized as an important factor contributing to government transparency and public services quality, given the legislation governing these contracts and the amount of related expenditures. Considering the trend towards open government data publishing, including data on outsourcing contracts, there is an interesting opportunity for citizens to participate in the open auditing of these contracts as a means to assess the good application of public resources. In this study we explore this possibility by analyzing open data published by the Brazilian Federal Court of Accounts (TCU is its acronym in Portuguese, an interesting case since this agency has a paramount role in auditing the whole Brazilian Federal Public Administration. To this end, we gathered open data from the TCU regarding all outsourced IT services contracts maintained by the agency during the years 2000-2013. This data is analyzed to verify, from an external point of view, the related duration and values, identifying diferences between the predicted and actual amounts spent and evaluating the administration of such contracts regarding legislation. This analysis is based on a detailed survey of the relevant legislation as well as the verification of original contract terms and their addendums. As a result, we observed substantial differences in the amount spent on execution with respect to those predicted in the original contracts. Also, we identified the utilization of special justifications prescribed by law to sustain the extension of some contracts. Given these results, it is possible that IT outsourcing is not necessarily proved to be the best solution for the public sector problems regarding the lack of skilled personnel, which implies the need to assess the cost-benefit of maintaining these

  5. Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

    Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

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

    Science.gov (United States)

    Magwood, Ayo; Ferraro, Krista Fantin

    2013-01-01

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

  7. Conventionality Control: guidelines for its application in the case law of the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Juana María Ibáñez Rivas

    2012-07-01

    Full Text Available The “conventionality control” established in 2006 in the case law of the Inter- American Court of Human Rights has undergone some important clarifications. In its rulings from the end of 2010 and the beginning of 2011, the Court has defined the state actors that are obligated to apply it, has established the need for it when dealing with majoritarian decisions in democratic contexts and has established the role of the Court in verifying the conventionality control that States claim to have exercised domestically. This article covers the origin, evolution and application of  the so-called “conventionality control” as a measure designed to assure compliance with the state obligations to respect, ensure and conform domestic legislation to international law, which are all found in the American Convention on Human Rights.

  8. The Jurisdiction of The Constitutional Court In Controlling The Constitutionality of Criminal Judgments: Kosovo Case

    OpenAIRE

    BRAHA, Florentina Shala; BYTYQI, Vilard; VUNIQI, Dardan; Berisha, Fadil

    2016-01-01

    This paper will deal with individual requests that are submitted at the Constitutional Court in order to assess the constitutionality of criminal judicial decisions. The right to submit issues for assessing the constitutionality of criminal court decisions is a constitutionally guaranteed right. Many individuals who are dissatisfied with the decisions of the judicial instances use their right to oppose such a decision even at the Constitutional Court.Not all the cases submitted to the Court a...

  9. Utilities, marketers identify with tax issures in Supreme Court case

    Energy Technology Data Exchange (ETDEWEB)

    Warkentin, D. [ed.

    1997-04-01

    A recent US Supreme Court decision effectively highlights the continuing disparity that exists in the taxation of regulated vs. nonregulated energy companies that engage in similar activities. While the federal case (General Motors Corp., vs. Tracy) and its decision involved natural gas utilities and natural gas marketers and how they are taxed locally, some noted electric utility industry professionals said the ruling has the potential of impacting the electric utility industry as it deregulates and works through the tax inequities that exist between it and independent unregulated power marketers. According to the Washington, DC-based law firm Chadbourne & Park LLP, under the Supreme Court ruling, which was handed down in late February and favored gas utilities, {open_quotes}a state can discriminate in favor of regulated utilities by exempting natural gas purchased from local distribution companies from sales taxes while collecting taxes on so-called selfhelp gas bought from gas producers at the wellhead or from independent marketers.{close_quotes} The US Supreme Court ruling appears to be important for the electric utility industry and independent power marketers in that there currently exists similar disparities with respect to taxation. The case involved Ohio and a tax it levies on natural gas. Ohio collects a 5 percent sales or use tax on gas purchased for consumption. According to Chadbourne & Park, in Ohio this tax can be as much as 7 percent when local taxes are tacked on to the state`s 5 percent tax. However, local distribution companies (LDC) are exempt from this tax. LDCs are essentially the local natural gas company or companies that many states, such as Ohio, have. In Ohio, these natural gas companies, which have generally been interpreted as those companies that produce, transport and deliver natural gas to Ohio consumers, are fully exempt from sales and use taxes.

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

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

    Outputs. Journal articles. Improving courts' initial decisions : an experiment in a Mexican labor court. Journal articles. Monitoring and notification : evidence from a field experiment in a Mexican labor court. Journal articles. Delay and corruption : a simple model with empirical tests ...

  11. Court affirms HIV test order in sexual molestation case.

    Science.gov (United States)

    1998-06-12

    In People v. [Name removed], the California 2nd District Court of Appeals upheld the court-ordered HIV-testing of a man convicted of sexually molesting his two nieces nine years ago. The court stated that, according to Penal Code 1202.1, such testing is warranted when sexual offenses occur and when the possibility of transmission is shown.

  12. Human rights and reproductive choices in the case-law of Italian and European courts.

    Science.gov (United States)

    Valongo, Alessia

    2014-04-01

    The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a healthy child. The article focuses on the key data of the latest Italian regulation regarding assisted conception, especially compared with British law. Particular attention is paid to the contribution given by recent European decisions to the protection of new human rights. National and international judgements ensure the right to private life and to health that are not always guaranteed by law. Converging developments in case-law panorama make the right to have children, to responsible procreation, to information about medical treatments, much less disharmonic realities than the Member States legislation suggests.

  13. [Causation in the court: the complex case of malignant mesothelioma].

    Science.gov (United States)

    Lageard, Giovanni

    2011-01-01

    The aim of this paper is to carry out an analysis of the legal evolution in Italy of the assessment of causation i.e. cause and effect, in oncological diseases, a question taken into consideration by the High Court almost exclusively with reference to pleural mesothelioma. The most debated question when defining the causal association between asbestos exposure and mesothelioma is the possible role that any multiple potentially causative exposures could assume in the induction and development of the disease, and in particular the role of any asbestos exposure over the successive employment periods. Indeed, this is a subject on which, to date, no agreement has yet been reached in scientific doctrine: these divergences bear important practical significance from a legal point of view, since sustaining one thesis or another may constitute determining factors when ascertaining responsibility for individuals who, in the past, had decisional statuses in the workplace. Jurisprudence in the High Court took on an oscillating position on this question as from the early 2000s, which was divided into those who sustained the thesis of the relevance of any asbestos exposure over the successive employment periods and those who were of a different opinion, i.e. only the first exposure period has relevant causative effect. The point under discussion concerns, in particular, the adequacy of a probabilistic law only governing such a question. An important turning point was made in the year 2010 when two sentences were announced in the High Court, reiterating, in strict compliance with the principles affirmed by the United Sections in 2002, that a judge cannot, and must not, be satisfied with a general causation, but must rather reach a judgment on the basis of an individual causation. In particular, not only did the second of these two sentences recognise the multifactorial nature of mesothelioma, something which had almost always been denied in jurisprudence in the past, but it also

  14. "Forest Grove School District v. T.A." Supreme Court Case: Implications for School Psychology Practice

    Science.gov (United States)

    Dixon, Shauna G.; Eusebio, Eleazar C.; Turton, William J.; Wright, Peter W. D.; Hale, James B.

    2011-01-01

    The 2009 "Forest Grove School District v. T.A." United States Supreme Court case could have significant implications for school psychology practice. The Court ruled that the parents of a student with a disability were entitled to private school tuition reimbursement even though T.A. had not been identified with a disability or previously…

  15. Courts Agree: Religion and Schools Don't Mix.

    Science.gov (United States)

    Sendor, Benjamin

    1983-01-01

    Three recent cases in Michigan, Alabama, and New Jersey demonstrate that, despite popular and legislative pressure, courts continue to hold firm against efforts to inject religion into public education. (Author/JM)

  16. Definition of Intellectual Disability in Criminal Court Cases

    Science.gov (United States)

    Olley, J. Gregory

    2013-01-01

    Definitions and associated descriptions of the condition now commonly known as "intellectual disability" serve many functions. The "Atkins v. Virginia" U.S. Supreme Court decision (2002) has called attention to the importance of clear, objective, and measureable wording of the definition. This article discusses the potential for misunderstanding…

  17. The right to die in Canadian legislation, case law and legal doctrine.

    Science.gov (United States)

    Plachta, M

    1994-01-01

    This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future.

  18. When evidence is not enough: a case study on alcohol marketing legislation in Brazil.

    Science.gov (United States)

    Vendrame, Alan

    2017-01-01

    This case study identifies the influence and mechanisms that the alcohol industry in Brazil has been able to bring to bear to maintain self-regulation in the marketing of beer and many wines set against a trend of increasing alcohol consumption in Brazil, particularly among young people and women. It identifies the forms of power and strategies used by the alcohol industry in Brazil that may be useful for other countries to consider in seeking to move from self-regulation to state regulation of alcohol marketing. A review was conducted of recent legal documents and court cases, as well as the activities of alcoholic beverage industries. Because of an exemption, Brazilian law had established that both beer and many wines are not alcoholic beverages for marketing purposes. These beverages are subjected to industry self-regulation codes. Research shows that beer and wine marketing often violates industry codes, with little or no enforcement of penalties for non-compliance. Attempts to include beer and wine in the legal definition of alcohol have been opposed by the alcohol industry, and the courts have delegated responsibility to the legislature. The recent legal activities surrounding alcohol sales during the 2014 World Cup games in Brazil provide evidence of the alcohol industry's influence on the legislative process. The alcohol industry in Brazil plays a significant role in the formulation of public policies on alcohol, especially regarding the regulation of marketing. This power is exercised by strong lobbying of government officials responsible for public policies. © 2016 Society for the Study of Addiction.

  19. Model Legislation on Student Residency.

    Science.gov (United States)

    Higher Education in the States, 1971

    1971-01-01

    Because of the radical variance in residency requirements from state to state and sometimes from institution to institution, and because of several court cases involving this issue, the Education Commission of the States appointed a Committee to develop (1) a statement of principles for consideration in drafting legislation in connection with…

  20. Uniformity in radiation protection legislation in Australia: a case study

    International Nuclear Information System (INIS)

    Robotham, F.P.J.

    2003-01-01

    This paper describes a recent licensing/approval process conducted by a company that has three plants utilizing large sealed sources of Cobalt-60, in one case approximately 70PBq. The company has operated successfully in one Australian State since 1971 and in a second since 1985. By 1999 it became apparent that there was sufficient business to warrant the opening of a third plant in a third Australian State. The plant chosen has a design capacity of 185PBq and an initial loading of 1 IPBq. This paper describes some of the licensing process and demonstrates, I believe, the urgent need for both uniformity in Australian Radiation Safety Legislation and consistency in interpretation and implementation. Copyright (2003) Australasian Radiation Protection Society Inc

  1. Remedies for moral damage before the European Court of Human Rights: Cyprus v. Turkey case

    Directory of Open Access Journals (Sweden)

    Đajić Sanja

    2014-01-01

    Full Text Available This article provides the overview of the Cyprus v. Turkey judgment, a recently decided case before the Grand Chamber of the European Court for Human Rights. This is the first inter-State case which ended with pecuniary judgment for moral damages. The article begins with the overview of factual and legal issues in the Cyprus v. Turkey case which is followed by contextualizing this judgment within the general legal framework regarding moral damages and remedies available. The second part provides the insight into the case law of the International Court of Justice, European Court for Human Rights and international investment arbitration in order to assess the status of moral damages under general international law. While all international courts and tribunals recognize moral damage as a cause of action, they seem to respond differently to the issue of remedies. International Court of Justice seems to favour declaratory over pecuniary judgments; European Court of Human Rights tend to award both non-pecuniary and pecuniary remedies for moral damages; international investment tribunals seem to favour pecuniary remedies for moral damages. A separate issue is whether international law permits or rather proscribes punitive damages. While the ILC finds that general international law does not allow for punitive damages there are different opinions, at least within the ECHR setting, that moral damages are inherently punitive for fault-based conduct of the responsible state.

  2. Characteristics of Precedent : The Case Law of the European Court of Justice in Three Dimensions

    OpenAIRE

    Derlén, Mattias; Lindholm, Johan

    2015-01-01

    The case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law’s role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case— type of action, actors involved, and area of law—and, on the other hand, the judgment’s “embeddedness” in previous case law and value as a precedent in...

  3. Interstate dispensing: a case for uniform, intuitive legislation.

    Science.gov (United States)

    Bernaitis, Nijole L; King, Michelle A; Hope, Denise L

    2014-09-01

    Australian health practitioner registration is national, whereas legislation regarding the handling of medicines is governed by individual States and Territories. To align with the July 2010 national registration scheme some legislative modifications were made concerning scheduled drugs and poisons, but many differences between jurisdictions remain. In Queensland, the Health (Drugs and Poisons) Regulation 1996 (Qld) allows for dispensing of controlled drugs written by interstate prescribers but not lower scheduled specified restricted and regulated restricted drugs. The aim of this study was to assess awareness of seemingly counterintuitive legislation by pharmacists practising in South-East Queensland. Of 125 Gold Coast pharmacies contacted, 54 (43.2%) agreed to participate. The majority of pharmacists (88.9%) had good knowledge regarding controlled drugs. In contrast, they demonstrated confusion regarding specified restricted and regulated restricted drugs (51.9% correct awareness). Uniform legislation between jurisdictions or more intuitive legislation would ease practitioner confusion.

  4. The principle of certainty of criminal law (lex certa in case law of the European Court of Rights

    Directory of Open Access Journals (Sweden)

    Stojanović Anđela

    2011-01-01

    Full Text Available Article 7 of the Convention is not confined to prohibition of the retrospective application of the criminal law. Provided protection is wider, and it is developed through the case law of the European Court of Human Rights. Because of the significant impact of the common law, Article 7 in general can not be understood in a way that the principle of legality is traditionally recognized in civil law. As for the lex certa principle, the case law of domestic courts has a big impact on the Court. This is of course the consequence of common law impact. Although lex certa is in some degree a relative principle, in some of the Court criteria's lies the danger of its further relativization. In its previous case law, the Court found violation of this principle in only one case. It remains to the future case law to further clarify in what extent lex certa principle is recognized by the Court.

  5. Authorship in cases of organized irresponsibility: a proposal for systematization of the criteria of the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Lucas Nogueira Garcez

    2014-03-01

    Full Text Available Established in 2002, the International Criminal Court was the first permanent court with jurisdiction to investigate and judge crimes against humanity. Although recent, the Court has a significant number of precedent cases, in which it has set criteria to define perpetrators and acessories. The critical evaluation of the choices of a Court depends firstly on having a general view of which are those choices. This essay analy- ses and systematizes, by a decision diagram, the criteria established in the precedents of the International Criminal Court to define perpetrators and acessories.

  6. INDIAN REGULATIONS ON ETHICS AND THEIR IMPACT ON COURT CASE BACKLOGS

    Directory of Open Access Journals (Sweden)

    S. Chandra

    2017-01-01

    Full Text Available The paper aims to explore the role of ethics regulations on the backlog of cases in the state of Uttar Pradesh, India. There, there are many local practices which hinder the disposal of cases in the courts. The paper examines several, beginning with the theoretical training in ethics at the law schools and its impact in practice. The paper then explores the legal status of strikes and how they are conceived by lawyers in delaying the disposal of cases. Next it deals with adjournments in the courts and unravels the myriad frivolous reasons cited in seeking adjournments, as well as how, despite statutory limitations, courts succumb to the pressure of the Bar in granting them. The author echoes concern for creating transparency, efficiency and a system that inspires integrity, and argues for the need to rethink and redesign the whole system and create independent tribunals to enquire into lawyers guilty of professional misconduct.

  7. Censorship and Authority in Sex Education: Three Court Cases from 1970's America

    Science.gov (United States)

    DiGenio, Natasha

    2016-01-01

    The cases analyzed in this essay exemplify both the influence of the sexual revolution and the conservative backlash against it. Topics that were once considered obscene were now seen as educational. Without this greater openness, none of these court cases would have been possible. In fact, people fighting against censorship and repression…

  8. The Impact of Professional and Administrative Standards on Court Cases Involving Criterion-Related Validity.

    Science.gov (United States)

    Faley, Robert H.; Kleiman, Lawrence S.

    This paper reviews 12 Title VII court cases litigated since 1978 to assess implications of recent professional and legal guidelines regarding criterion-related validity of paper and pencil tests used by employers to prove job relatedness. Major topics important to an understanding of predictor criterion, including procedural, and data analysis and…

  9. A Survey of Pediatricians' Attitudes and Experiences with Court in Cases of Child Maltreatment

    Science.gov (United States)

    Theodore, Adrea D.; Runyan, Desmond K.

    2006-01-01

    Objectives: To explore pediatricians' attitudes and experiences with the court system in child maltreatment cases. Design: An anonymous, cross-sectional survey of a random sample of pediatricians registered with the North Carolina Medical Board. Results: The response rate of the study was 60% (N=270). Few pediatricians (10%) reported that they had…

  10. Danish Supreme Court Infringes the EU Treaties by its Ruling in the Ajos Case

    DEFF Research Database (Denmark)

    Nielsen, Ruth; Tvarnø, Christina D.

    2017-01-01

    is as follows: in section 2, we give a short description of the relevant facts and law in the Ajos-case. In section 3, we analyse the roles of the CJEU and the national courts in light of the theories of monism and dualism. Section 4 deals with interpretation. Section 5 looks into supremacy and direct...

  11. At the Supreme Court.

    Science.gov (United States)

    Williams, Charles F.

    2000-01-01

    States that in the past juvenile courts afforded children with fewer rights than criminal courts accorded to adults accused of the same crimes. Reviews three U.S. Supreme Court cases that affirmed the constitutional rights of juvenile offenders and changed juvenile court proceedings. Discusses whether the juvenile death penalty violates…

  12. Food allergy, a summary of eight cases in the UK criminal and civil courts: effective last resort for vulnerable consumers?

    Science.gov (United States)

    Gowland, M Hazel; Walker, Michael J

    2015-08-15

    Food allergy has a forensic context. The authors describe eight cases in the UK courts involving fatalities, personal injury or criminal non-compliance with food law from mainly 'grey' literature sources. The potentially severe consequences for people with food allergy of contraventions of labelling law have led to enforcement action up to criminal prosecution for what might otherwise be regarded as 'trivial' non-compliance. The authors suggest there should be central collation of such cases. Non-compliances should be followed up in a more rapid and robust manner. Evidence of fraud in the catering supply chain supports recent calls for zero tolerance of food fraud. Businesses must guard against gaps in allergen management, for which there are readily available sources of training and guidance, but also against fraudulent substitution in the supply chain, about which training and guidance should be developed. New allergen labelling legislation and case law appear to place responsibility on food businesses even for the forensically problematic area of allergen cross-contamination. The courts can be an effective last resort for vulnerable consumers; however, there is evidence of knowledge and skill gaps in both the investigation and prosecution of potentially serious incidents of food allergen mismanagement and mislabelling. Thorough investigation of food allergy deaths is required with a tenacious and skilled approach, including early realisation that samples of the food and/or stomach contents from a post mortem examination should be retained and analysed. The supply chain must be rigorously examined to find out where adulteration or contamination with the fatal allergen occurred. © 2014 Society of Chemical Industry.

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

    Directory of Open Access Journals (Sweden)

    J. Michael Greenwood

    2012-06-01

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

  14. RTI: Court and Case Law--Confusion by Design

    Science.gov (United States)

    Daves, David P.; Walker, David W.

    2012-01-01

    Professional confusion, as well as case law confusion, exists concerning the fidelity and integrity of response to intervention (RTI) as a defensible procedure for identifying children as having a specific learning disability (SLD) under the Individuals with Disabilities Education Act (IDEA). Division is generated because of conflicting mandates…

  15. Traditional Land Rights before the Indonesian Constitutional Court - Comment

    Directory of Open Access Journals (Sweden)

    Simon Butt

    2014-06-01

    Full Text Available In early 2013, the Indonesian Constitutional Court handed down its decision in the Traditional Forest Community case. In what has been heralded as a landmark decision, the Court upheld, as constitutional rights, the traditional rights of indigenous communities over forest resources upon which they had long depended. After introducing the Court and discussing aspects of its decision-making in constitutional review cases, this article demonstrates that the Traditional Forest Community case is in fact only the latest in a line of cases in which the Court has upheld traditional rights in the face of legislation that purport to allow the state to override them. In these cases, Court has provided important constitutional recognition to these traditional rights. However, its decisions do not appear to have cleared significant administrative stumbling blocks that remain in the way of communities seeking to enjoy the traditional rights to which they are now constitutionally entitled.

  16. Legislative attitudes toward overpopulation: the case of EL Salvador.

    Science.gov (United States)

    Verner, J G

    1975-10-01

    The members of the 1972-1974 national assembly of El Salvador were asked to complete questionnaires on population in an effort to determine what their general attitude toward the population problem was. Indications were that the legislators were factually aware of the dimensions of population growth and the existing overpopulation, and that both problems were seen as impediments to economic progress. They also showed a willingness to act quickly on various public programs for controlling population growth, primarily in the areas of public education and healht. However, while admitting the urgency of the problems, none of the legislators had individually done anything about them and no such plans were underway. They indicated in their responses that they would have to play a major role in formulating any population control policy and that such a policy would probably concentrate on measures to deal with overpopulation in the short run, i.e., to cut the population growth rate by educating and informing the populous both with general and governmental publicity and through sex education in schools. The policy would also in part attempt to alleviate the general social conditions that the legislators perceived as contributing to high birthrates, i.e., illiteracy, lack of sex information, unemployment, rural isolation, unavailability of contraceptives, and lack of family planning Support would be sought from the public in spite of the Catholic Church, though the Church would eventually have to be considered in the formulation of a final policy. The fact of religious opposition plus the fact that the government has not yet embarked on a policy make the adoption and implementation of such a policy unlikely in the forseeable future. The ligislators themselves were pessimistic as to the possibility of controlling the population and felt that in view of its rapid growth, the country would not be able to provide educational and employment opportunites for the advancement of the

  17. Courting the Court.

    Science.gov (United States)

    Crosby, Mary Neil

    1989-01-01

    Considers the impact of strong public opinion on the U.S. Supreme Court's decision in "Webster v. Reproductive Health Services." Points out three uses of public opinion in Supreme Court decisions and remarks on the Court's insulation from the public. Concludes that amicus curiae briefs are the one persuasive tool for influencing the…

  18. [The judicialization of health care: a case study of three state courts in Brazil].

    Science.gov (United States)

    Travassos, Denise Vieira; Ferreira, Raquel Conceição; Vargas, Andréa Maria Duarte; de Moura, Rosa Núbia Vieira; Conceição, Elza Maria de Araújo; Marques, Daniela de Freitas; Ferreira, Efigênia Ferreira E

    2013-11-01

    The scope of this study was to describe and compare records of the results of lawsuits filed in three Brazilian courts in cases involving the Unified Health System. A survey was made of the judgments listed on electronic sites of Courts of Justice in the states of Pernambuco, Rio Grande do Sul and Minas Gerais using a specific script. A total of 558 judgments was analyzed. There was a greater frequency of ordinary lawsuits (73.1%). In the majority of cases, it was not possible to identify the economic situation of the plaintiff or the legal representative of the defendant (54.5%). In cases where such identification was possible, a public defender was the most common (71.5%). The cases were predominantly individual in all three states. There was a large number of requests for injunctions (83.8%), which were almost always granted (91.2%), with the allegation of urgency/emergency in almost all cases (98.8%). The majority of decisions were favorable to the users of the public healthcare system (97.8%). The decisions studied showed that the users sought to ensure their right to health individually, using the public authorities to file their lawsuit, but there is a perceived difference in posture between legal courts evaluated. There is a strong tendency of the judiciary to accept these requests.

  19. Legislative Districts, This Layer was drawn by the U.S. District Court based on Census 2000 TIGER/Line files to delineate voter districts for the U.S. Congress., Published in 2005, 1:100000 (1in=8333ft) scale, Atlanta Regional Commission.

    Data.gov (United States)

    NSGIC Regional | GIS Inventory — Legislative Districts dataset current as of 2005. This Layer was drawn by the U.S. District Court based on Census 2000 TIGER/Line files to delineate voter districts...

  20. THE EUROPEAN COMMISSION – THE EXERCISE OF THE POWERS OF CONTROL AND MONITORING OF THE ENFORCEMENT OF THE LEGISLATION OF THE EUROPEAN UNION IN THE MOLDOVA NOUA CASE

    Directory of Open Access Journals (Sweden)

    Adriana Deac

    2014-11-01

    Full Text Available One of the competencies that the EU Treaties confer to the European Commission is the control and supervision of the application of primary and secondary law and the enforcement of this legislation so it is observed by private persons, Member States and EU institutions2 . Further to an official communiqué in October 2014, the European Commission has announced that it sued Romania at the European Union Court of Justice concerning the failure to observe EU legislation on the treatment of extractive industry waste. Namely, it refers to the Moldova Noua case, in which toxic waste from the zinc and copper mines were discharged into the Bosneag pond. This paper means to present the regulations in the field of extractive industry, the competence of the European Commission regarding the enforcement of EU legislation and the ability to sue a Member State at the EU Court of Justice, when the entity exploiting the zinc and copper deposits is not the Romanian state, but a private law legal person.

  1. HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

    OpenAIRE

    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-01-01

    After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind...

  2. Legislative framework on establishing emergency response plan in the case of a nuclear accident

    International Nuclear Information System (INIS)

    Novosel, N.; Valcic, I.; Biscan, R.

    2000-01-01

    To give an overview of the legislative framework, which defined emergency planning in Croatia in the case of a nuclear accident, it's necessary to look at all international recommendations and obligations and the national legislation, acts and regulations. It has to be emphasized that Croatia signed three international conventions in this field, and by that took over some responsibilities and obligations. Beside that, it is also in Croatian interest to follow the recommendations of international institutions such as International Atomic Energy Agency (IAEA standards and technical documents). On the other hand, national legislation in this field consists of several laws, which cover nuclear safety measures, governmental organization, natural disasters and acts (decree, decisions) of responsible authority for emergency planning in the case of a nuclear accident (Ministry of Economy). This paper presents an overview of the international and Croatian legislation which influenced the emergency planning in the case of a nuclear accident. (author)

  3. Analysis of Discourse Structure of Cases Verdict in The District Court (A Study of Legal Language

    Directory of Open Access Journals (Sweden)

    Usman Pakaya

    2017-11-01

    Full Text Available The title of this article is the discourse structure of cases verdict in the district court (a study of legal language. This article discusses several elements that compose verdict in a criminal case, such as heading, the identity of the defendant, the attorney’s indictment, witnesses’ testimony, the testimony of the accused, and the verdict statements. This study employed the qualitative method to find out the scientific facts. This article is aimed at proving that discourse structure can be used as a framework in unraveling a case verdict.

  4. Supreme Court Coverage in Canada: A Case Study of Media Coverage of the Whatcott Decision

    Directory of Open Access Journals (Sweden)

    Lydia Anita Miljan

    2014-10-01

    Full Text Available Do Canadian media outlets report Supreme Court decisions in a legal or political frame? Starting with a review of how the media amplify court decisions, the study focuses on a case study regarding a freedom of speech decision of the Court. This study finds that although the media critically evaluated the freedom of speech case of William Whatcott, it did so from a legal frame. Unlike American research that shows the media increasingly interprets Supreme Court decisions from a political frame, this study on Whatcott finds that the media focused on the legal arguments of the case. ¿Los medios de comunicación canadienses informan sobre las decisiones de la Corte Suprema en un marco legal o político? A partir de una revisión de cómo los medios de comunicación amplifican las decisiones judiciales, el estudio se centra en un caso práctico sobre la libertad de expresión de las decisiones del tribunal. Este estudio revela que aunque los medios evaluaron críticamente la libertad de expresión en el caso de William Whatcott, se hizo en un marco legal. A diferencia de investigaciones estadounidenses que prueban que los medios de comunicación interpretan cada vez con mayor frecuencia las decisiones de la Corte desde un marco político, este estudio sobre Whatcott demuestra que los medios de comunicación se centraron en los argumentos legales del caso. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2500102

  5. Activist Infighting among Courts and Breakdown of Mutual Trust? The Danish Supreme Court, the CJEU, and the Ajos Case

    DEFF Research Database (Denmark)

    Neergaard, Ulla; Sørensen, Karsten Engsig

    2017-01-01

    showed that it too had an activist streak. Thus, both Courts were quite imaginative in trying to mould the central issues as falling within their exclusive jurisdiction. As a consequence of the judgments, parts of EU law are not, it appears, fully part of Danish law, but unfortunately the full...... implications and therefore the remedy are far from certain. While both judgments appear to reflect a lack of mutual trust between the two courts, they also expose a range of highly significant issues of wide importance. To understand both what went wrong in the judicial dialogue and the wider issues at stake...... comity in accordance with the hierarchy of norms established by virtue of EU law....

  6. Utility regulation and the legislative process in Oregon: a case study

    Energy Technology Data Exchange (ETDEWEB)

    None

    1979-01-01

    This case study discusses the strategies employed by the Public Utility Commissioner and the Oregon Department of Energy in the design, passage and implementation of a set of energy conservation bills. Information is included on the development of new legislation for energy conservation and management, on developing public acceptance of such legislation, and the cooperation received from utility companies to affect implementation. The lessons in strategy and tactics and the skillful use of the legislative process to get the package of bills enacted should have immediate value for those about to undertake a similar effort in their state. (LCL)

  7. CFC legislation in the European Union

    Directory of Open Access Journals (Sweden)

    Cvjetković Cvjetana M.

    2015-01-01

    Full Text Available In this paper the author considers CFC legislation in the Member States of the European Union, and points to the official attitude of the institutions of the European Union toward CFC legislation. Special attention in this paper is focused on Judgment of the Court of Justice of the European Union in the case Cadbury Schweppes. The aim of the paper is to analyze CFC legislation in the Member States in order to determine its basic characteristics, as well as to determine its compatibility with freedoms guaranteed by the primary law of the European Union, i.e. with Judgment of the Court of Justice of the European Union in the Cadbury Schweppes case.

  8. Civil Courts.

    Science.gov (United States)

    Eaneman, Paulette S.; And Others

    These materials are part of the Project Benchmark series designed to teach secondary students about our legal concepts and systems. This unit focuses on the structure and procedures of the civil court systems. The materials outline common law heritage, kinds of cases, jurisdiction, civil pretrial procedure, trial procedure, and a sample automobile…

  9. Mobbing (bullying at work) in Italy: characteristics of successful court cases.

    Science.gov (United States)

    Acquadro Maran, Daniela; Bernardelli, Silvia; Varetto, Antonella

    2018-01-01

    Mobbing (bullying at work) refers to a form of psychological harassment that occurs in the workplace, in which the victim must be systematically and continuously persecuted for a long period of time. The aim of this work is to analyze the court judgments related to mobbing. The data, collected from a website that included judgments from an Italian court, were analyzed according to the literature, identifying the type of victims, consequences, methods of harassment, type of mobbers, and compensation decided by the court. A total of 35 court sentences were analyzed. The findings showed that the duration of the mobbing campaign was on average 1.5 years and that the frequency of harassment was every day in most cases. In the majority of cases (17, 48.6%) the mobbing occurred in a private company. The gender of the victims who reported the mobbing experience was predominantly female (19, 54.3%), and on average, the victims were 44.54 years of age. The victims were classified as captives (12, 34.3%), scapegoats (8, 22.9%), ambitious (8, 22.9%), passives (5, 14.3%) and hypochondriacs (2, 5.7%). The mobbers were predominantly men (25, 71.4%) and on average 53.20 years of age. They were classified as casual (12, 34.3%), sadists (11, 31.4%), instigators (8, 22.9%) and choleric (4, 11.4%). The witnesses were described in the majority of cases as active, while the asymmetry of power was vertical. On average, the victims suffered 4.9 types of harassment, and the most cited consequences were anxiety disorder and physical symptoms. The motives for beginning the mobbing campaign were principally related to difficulties in relationships. The compensation imposed by the court ranged from less than 20,000 to more than 70,000 euros. The sentences analyzed showed that for different types of victims, there are behaviors, motives and consequences that are linked to different types of perpetrators.

  10. The decision of the International Court of Justice related to preliminary exceptions in the Nicaragua v. Colombia case

    Directory of Open Access Journals (Sweden)

    Rafael Nieto Navia

    2010-05-01

    Full Text Available This article is divided into three main parts. The fi rst part presents the precedents in the case relating to delimiting the Caribbean Sea boundary between Nicaragua and Colombia. It analyzes the competence of the International Court of Justice – ICJ (the Court in accordance with Article 36 of the Statute of the Court; consequently, it studies the Declaration of the acceptance of the Competence of the Court presented by Colombia to the Permanent Court of International Justice in 1937 as well as the Bogota Pact of 1948 as to its applicability and breadth as regards the 1928 EsguerraBárcenas Treaty. The second part presents a detailed analysis of the decision of the Court on the preliminary exceptions in which it was determined that the sovereignty of the islands of San Andres, Providencia, and Santa Catalina was Colombian, that the Esguerra-Bárcenas Treaty was not treaty delimiting maritime boundaries and that it (the Court was competent to get to the foundation of the matter. The third part sets out the actions which still must be completed relative to the foundation of the case.

  11. The Court of Justice and The Data Retention Directive in Digital Rights Ireland: Telling Off The EU Legislator and Teaching a Lesson in Privacy and Data Protection

    NARCIS (Netherlands)

    Granger, M.-P.; Irion, K.

    2014-01-01

    In Digital Rights Ireland, the Court of Justice invalidated the 2006 Data Retention Directive, which required private providers to retain for a considerable period electronic communication metadata for law enforcement purposes. In this landmark ruling, the EU judiciary introduced a strict scrutiny

  12. Enforcing the Right to Family Life in Hong Kong Courts: The Case of Dependant Policy

    Directory of Open Access Journals (Sweden)

    Matthew Chuen Ngai Tang

    2017-08-01

    Full Text Available Despite the Hong Kong courts’ seemingly robust protection of fundamental rights and civil liberties, enforcing family rights remains extremely difficult. While the right to family life is safeguarded by both domestic and international human right instruments, applicants in judicial review cases are usually not able to rely on it to challenge the decisions made by the immigration authority. This paper examines the challenges in enforcing the right to family life in Hong Kong’s Dependant Policy with a particular focus on the Hong Kong Court of Appeal’s recent decision in BI v Director of Immigration. The immigration reservation, entered into by the United Kingdom when ratifying the International Covenant on Civil and Political Rights, has become a justification for a restrictive immigration regime even after the transfer of sovereignty. The Hong Kong courts also repeatedly accord wide discretion to immigration authority. The courts’ reluctance to scrutinize socio-economic policies reveals one of the key weaknesses in enforcing fundamental rights in Hong Kong by the way of judicial review.

  13. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

  14. HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW

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    Laura-Cristiana SPĂTARU-NEGURĂ

    2017-05-01

    Full Text Available After last year’s analysis regarding the European Union’s commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue.

  15. [Meanings attributed by children and adolescents to court cases concerning sexual crimes].

    Science.gov (United States)

    da Silva, Lygia Maria Pereira; Ferriani, Maria das Graças de Carvalho; Beserra, Maria Aparecida; Roque, Eliana Mendes de Souza Teixeira; Carlos, Diene Monique

    2013-08-01

    This paper addresses the perception of members of the judiciary regarding the introductory deposition. The concept of comprehensive protection was used as a theoretical benchmark. It involves qualitative research, in which the semi-structured interview enabled the production of data, organized according to the content analysis technique, resulting in the following themes: production of evidence; protection; and challenges/needs. A positive perception of the interview was expressed in all themes. It became clear, however, that the culture observed in the judiciary arises as an obstacle to conducting the introductory deposition, since it is necessary to adapt the institution in order to apply the methodology. The enhancement of the physical infrastructure and training of the judiciary clerks are challenges to be overcome for the implementation of the interview as one of the court case procedures involving children and adolescents who are the victims or witnesses of violence.

  16. Legislations combating counterfeit drugs in Hong Kong.

    Science.gov (United States)

    Lai, C W; Chan, W K

    2013-08-01

    To understand legislation combating counterfeit drugs in Hong Kong. This study consisted of two parts. In part I, counterfeit drugs–related ordinances and court cases were reviewed. In part II, indepth interviews of the stakeholders were described. Hong Kong. All Hong Kong ordinances were screened manually to identify those combating counterfeit drugs. Court cases were searched for each of the identified cases. Then, the relevant judgement justifications were analysed to identify sentencing issues. Indepth interviews with the stakeholders were conducted to understand their perceptions about such legislation. Trade Marks Ordinance, Patents Ordinance, Trade Descriptions Ordinance, and Pharmacy and Poisons Ordinance were current legislative items combating counterfeit drugs. Sentencing criteria depended on: intention to deceive, quantity of seized drugs, presence of expected therapeutic effect or toxic ingredients, previous criminal records, cooperativeness with Customs officers, honest confessions, pleas of guilty, types of drugs, and precautionary measures to prevent sale of counterfeit drugs. Stakeholders’ perceptions were explored with respect to legislation regarding the scale and significance of the counterfeit drug problem, penalties and deterrents, drug-specific legislation and authority, and inspections and enforcement. To plug the loopholes, a specific law with heavy penalties should be adopted. This could be supplemented by non-legal measures like education of judges, lawyers, and the public; publishing the names of offending pharmacies; and emphasising the role of pharmacists to the public.

  17. Why do people appeal to the courts for access to medication? The case of insulin analogues in Bahia (Brazil).

    Science.gov (United States)

    Lisboa, Erick Soares; Souza, Luis Eugenio Portela Fernandes de

    2017-06-01

    Insulin analogues have been the object of controversy concerning their therapeutic superiority to human insulin. Perhaps, in part, because of this, insulin analogues are frequently the subject of lawsuits. The judicialization of health has been well studied, but little is known about the reasons that lead people to go to the courts to obtain access to medicines on SUS (the Brazilian National Health System). Therefore, this study aims to analyze the reasons that led people to appeal to the courts to obtain access to insulins analogues in the state of Bahia. This is a case study based on documentary sources. Between 2010 and 2013, 149 lawsuits requiring insulin analogues from the state health authority were filed in the courts. The main reasons for the appeal to the courts, cited in the cases, can be grouped into four categories: the users' lack of finances, an essential need for insulin analogue, the duty and obligation of the state to provide them and bureaucratic difficulties. People turned to the courts, mostly, because doctors who accompany their patients have shifted from the official policy, believing that insulin analogues are better than human insulins. They also recognize that the public health system does not distribute them nor does it give doctors the wherewithal to purchase them with their own resources.

  18. LITIGATING CROSS-BORDER ENVIRONMENTAL DISPUTE IN INDONESIAN CIVIL COURT: THE MONTARA CASE

    Directory of Open Access Journals (Sweden)

    Iman Prihandono

    2015-04-01

    Full Text Available In August 2009, a wellhead blowout of took place at an offshore drilling facility named the Montara platform, on the north coast of Australia. This incident releases crude oil into the sea and continued until November 2009. The Montara platform owned by PTTEP Australasia Pty. Ltd., a company incorporated under the laws of Australia, and is a subsidiary of PTT Exploration and Production Public Company Limited, a Thailand based, state-owned oil company. Based on samples taken by the East Nusa Tenggara Municipality in the waters along the coast Kolbano, Desa Tuafanu, District Kualin, South Central Timor, it was found that the sea water has been polluted with crude oil. There was an indication that the crude oil is identical to those of at the Montara well head platform. This incident has been detrimental to at least 9.000 fishermen and seaweed farmers along the coast of West Timor Sea, with total losses estimated at USD2.4 billion. This article examines the possibility of a lawsuit brought by the affected communities to the Indonesian civil court. This article finds that that filing a lawsuit against PTTEP AA, the operator of the Montara Platform, may be possible. Article 100 RV of the Indonesian civil procedure provide an opportunity to sue foreign entity when contractual relationship exist. This article seeks to map the possible parties involved in the dispute should the victims decide to bring this case to Indonesian civil court. It aims at assisting the victims in preparing their case and obtaining the best possible outcome for remedy.

  19. Family Violence in Domestic Homicides: A Case Study of Women Who Killed Intimate Partners Post-Legislative Reform in Victoria, Australia.

    Science.gov (United States)

    Tyson, Danielle; Kirkwood, Deborah; Mckenzie, Mandy

    2016-05-18

    This article examines the impact of legislative reforms enacted in 2005 in Victoria, Australia, on legal responses to women charged with murder for killing their intimate partner. The reforms provided for a broader understanding of the context of family violence to be considered in such cases, but we found little evidence of this in practice. This is partly attributable to persistent misconceptions among the legal profession about family violence and why women may believe it necessary to kill a partner. We recommend specialized training for legal professionals and increased use of family violence evidence to help ensure women's claims of self-defense receive appropriate responses from Victorian courts. © The Author(s) 2016.

  20. Islamic courts and women's divorce rights in Indonesia : the cases of Cianjur and Bulukumba

    NARCIS (Netherlands)

    Huis, Stijn Cornelis van

    2015-01-01

    This book presents the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices. It addresses questions which not only enhance our understanding of how Islamic courts in Indonesia work, but also of how

  1. Combining Benford's Law and machine learning to detect money laundering. An actual Spanish court case.

    Science.gov (United States)

    Badal-Valero, Elena; Alvarez-Jareño, José A; Pavía, Jose M

    2018-01-01

    This paper is based on the analysis of the database of operations from a macro-case on money laundering orchestrated between a core company and a group of its suppliers, 26 of which had already been identified by the police as fraudulent companies. In the face of a well-founded suspicion that more companies have perpetrated criminal acts and in order to make better use of what are very limited police resources, we aim to construct a tool to detect money laundering criminals. We combine Benford's Law and machine learning algorithms (logistic regression, decision trees, neural networks, and random forests) to find patterns of money laundering criminals in the context of a real Spanish court case. After mapping each supplier's set of accounting data into a 21-dimensional space using Benford's Law and applying machine learning algorithms, additional companies that could merit further scrutiny are flagged up. A new tool to detect money laundering criminals is proposed in this paper. The tool is tested in the context of a real case. Copyright © 2017 Elsevier B.V. All rights reserved.

  2. The Sociocultural Significance of Court Institutions in Colonial Virginia

    Directory of Open Access Journals (Sweden)

    Pavel V. Vostrikov

    2017-09-01

    Full Text Available In this article the author examines the sociocultural significance of courts in colonial Virginia. Virginia was agrarian “tobacco” colony, where the settlements of urban type did not get proper development. In this connection, court days were very important occasions for social gatherings, when colonists not only might participate in court hearings, but became involved in various social interactions such as news exchange, business transactions, cockfighting, horse racing and attending taverns. If not found in rare towns court buildings weresituated at road junctions and other convenient places to be more easily accessible for inhabitants of the colony. The author also provides a glimpse into the issues of law and order, crime and punishment as well as the general state of the colonial system of justice. During the colonial period the differences between judicial, executive and legislative branches of government were not distinct yet and the institution of the county court had immense importance as it combined all the three types of power on a local level. The court of oyer and terminer dealt with criminal offences. The General court in Williamsburg, the colonial capital, was the main court in Virginia which considered the most crucial cases. The colonial legal system was initially based on English traditions and precedents but it was constantly modified largely due to the singularities of the colony such as abundance of free land and chattel slavery.

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

    Science.gov (United States)

    Parmet, Wendy E

    2016-12-01

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

  4. THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS

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    ANDRA ROXANA ILIE

    2012-05-01

    Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.

  5. The Royal Courts of Equity in England in the 16-17 centuries.

    Directory of Open Access Journals (Sweden)

    Ilya Strizhakov

    2017-01-01

    Full Text Available УДК 340.15The subject of research are the courts of England in 16-17 centuries.The purpose of article is to answer the question which courts must be included to a number of "courts of equity".Methodology. Historical analysis of the scientific literature, of the English legislation and judicial practice of the 16-17 centuries.Results. The priority for the Court of Star Chamber was to protect the interests of Royal power and not the rights of people. Moreover, this court did not seek to bridge the gaps of common law. In this regard, his reference to the number of “courts of equity” is incorrect.Star Chamber had a close relationship with the Privy Council. There were no clear boundaries between them during the XVI century. The Star Chamber was the emergency Committee of the Privy CouncilThe purpose of the Court of Requests was to ease social tensions, to create the impression of caring filed emanating from the monarch and the nobility.Despite the fact that the Court of the Requests was conceived as "a court for poor people", it became popular wealthy people under the rule Henry VIII.The Court of High Commission was a court focused on the strengthening of Royal power. In its activities it has been focused on improving the rights of the Kingdom.The Court of Exchequer provided judicial protection for some types of transactions that are not recognized by the common law. In this it is similar to the Chancery Court. Initially, the Court of the Exchequer has been focused on protecting the interests of the crown. Therefore, the function to eliminate the gaps of the common law could not be implemented in full.The Chancery Court, unlike the special courts were required to consider complaints coming from citizens about the inability to get a fair trial.Conclusions. The criteria for judicial institutions to be considered as “courts of equity” are: the purpose of the establishment of the court was to fill gaps in the common law; interference with the

  6. Supreme Court Update

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

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

  7. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    NARCIS (Netherlands)

    Jonker, M.; Tigchelaar, H.

    2016-01-01

    In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on

  8. An analysis of dental intercanine distance for use in court cases involving bite marks.

    Science.gov (United States)

    Reinprecht, Suzana; van Staden, Paul J; Jordaan, Joyce; Bernitz, Herman

    2017-03-01

    High levels of crime in South Africa and the resulting court cases requiring bite mark evidence have necessitated continuous research into the prevalence and interrelationship of recognisable dental features present in bite marks. This study represents the largest data set of descriptive statistics related to intercanine distance, in which the means, standard deviations, medians and interquartile ranges across four racial groups were determined. Intercanine distances were also statistically weighted by determining the common, uncommon and very uncommon values for each of the racial groups. The results of this research show that we can consider any maxillary intercanine distance more than 24.1 mm and less than 43.0 mm to represent a human bite mark. Black males had the largest mean (average) intercanine distance of 36.33 mm (standard deviation 2.49 mm) and white females the smallest mean intercanine distance of 33.4 mm (standard deviation 2.13 mm). The analyses showed statistically significant differences between the mean intercanine distances of different race and gender groupings. The authors do not advocate trying to determine the race or gender from intercanine distances determined, but rather the relevance of the intercanine distances in the specific race and gender groupings. This study makes a meaningful scientific contribution to the presentation of bite mark evidence at a time when subjective opinions need to be replaced with scientific data.

  9. A blow to gender equality. Supreme Court judgement on Manushi's case on women's land rights.

    Science.gov (United States)

    Reddy, V

    1999-01-01

    Many scholars take the view that personal laws of various communities are not subject to the constitution. Thus, the constitutional mandate of gender equality, which is to be found in articles 14 and 15 of the constitution, need not be taken into account by community-determined personal laws. The effect of such reasoning is that personal laws are given a free hand to discriminate against women. In the case of Madhu Kishwar against State of Bihar, the Apex Court decision caused a good deal of confusion on this aspect. A three-judge bench considered sections 7 and 8 of the Chotanagpur Tenancy Act, which is applicable to the Scheduled Tribes in Bihar and denies the right of succession to females in favor of males, as constitutional. This decision implies that general principles of equality as laid down in other succession laws cannot be applied to the laws of tribals. In addition, it reflects the general reluctance to let women be economically independent. However, it is proved that the decision is not in accordance with the constitution, making it clear that tribal women are entitled to equal succession rights, as are all women in India.

  10. Industrial relations conflict in Irish hospitals: a review of Labour Court cases.

    Science.gov (United States)

    Cowman, Jennifer; Keating, Mary A

    2013-01-01

    The purpose of this paper is to explore the nature of industrial relations (IR), and IR conflict in the Irish healthcare sector. The paper is based on a thematic analysis of Labour Court cases concerning hospitals over a ten-year period. The findings of the paper indicate that the nature of IR conflict is changing in healthcare. The paper suggests that alternative manifestations of IR conflict evident in the Irish healthcare sector include: absenteeism as a form of temporary exit; and resistance. The key groups in the sector are discussed in the context of their contrasting disputes. The themes which characterise negotiations are identified as precedent, procedure and partnership. The research was conducted in the healthcare sector, and thus its transferability is limited. Caution is also required as the research pertains to one national setting, which despite sharing some structural similarities with other health and IR systems, is a unique context. The paper highlights the importance of recognising IR conflict in its various forms. It is further suggested that managing the process of IR conflict may be significant in furthering change agendas. The value of the paper centres on the investigation of alternative manifestations of IR conflict in the healthcare sector.

  11. Page | 59 NATIONAL INDUSTRIAL COURT: COURT WITH A ...

    African Journals Online (AJOL)

    Fr. Ikenga

    Supreme Court to determine whether trade dispute suits fall within the exclusive jurisdiction of the. National .... of the President of the National Industrial Court and such numbers of judges as may be prescribed by ... concept of jurisdiction has been defined as a court's power to decide a case or issue a decree.33 It is the.

  12. Legislative and Judicial Information Systems.

    Science.gov (United States)

    Becker, Louise Giovane

    1983-01-01

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

  13. COURT INTERPRETING AT DENPASAR COURT

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    Ida Ayu Made Puspani

    2012-11-01

    Full Text Available This is a research on interpreting (oral translation on a criminal case ofdrug user in the court proceedings at Denpasar Court. The study of theinterpreting is concerned with two-ways rendition from Indonesian into Englishand vice-versa. The study is related to: (1 the description of modes of interpretingapplied by the interpreter, (2 the application of translation strategies: shift,addition and deletion of information, (3 factors that underlie the application ofthe strategies, and (4 the impact of the application of those strategies towards thequality of the interpreting.The methodology applied in this study is qualitative based on eclectictheories (translation, syntax, semantics and pragmatics. The utilization of thetheories is in accordance with the type of the data analyzed in regard to thetranslation phenomena as an applied study and its complexity.The interpreting at court applied the consecutive and simultaneous modes.The strategy of shift was applied when there were differences in structure betweenthe source and the target languages. Addition of information was used when theinterpreter emphasized the message of the source language in the target language.The deletion of information applied if the context in the target language has beencovered, and it was not necessary for the interpreter to interpret the same thingbecause the message of the source language was pragmatically implied in thetarget language.The factors which underlie the application of the interpreting strategies incourt interpreting were communication factor and the differences in the languagesystems between the source and the target languages. The impact of the use of thestrategies towards the quality of the interpreting happened when the interpretationof the source language message into the message of the target language and themessage in the source language was not completely render into the targetlanguage.The novelties of the research are: (1 relevance theory and its

  14. EUROPEAN COURT OF HUMAN RIGHTS JUDGEMENT AS A BASIS FOR REVIEW OF THE NATIONAL COURTS' JUDGEMENT

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    Lydia Terekhova

    2017-01-01

    Full Text Available УДК 347.9The purpose of the article – a critical analysis of the position of the Constitutional Court of the Russian Federation, the justification, through the analysis of the ECtHR practice and scientific work on execution of the ECtHR judgments, about the coordination of positions of national courts and the supranational body.The methodological basis for the study: general scientific methods (analysis, synthesis, comparison; private and academic (interpretation, comparative legal, formal-legal.Problems and basic scientific results:The issue of implementation of the Human Rights Court decisions at the national level oc-curs when the compensation is not enough to eliminate the revealed violations. Russian legislator opted for the situation of Human Rights by the European Court finding a violation of the provisions of the Protection of Human Rights and Fundamental Freedoms in the consideration by the court of a particular case, in connection with the decision by which the applicant applied to the ECtHR mechanism for review of the decision on the new circumstances. Supreme Court puts forward three conditions for the implementation of the revi-sion of the judicial act on a national level, which should be available at the same time: 1 the continuous nature of the adverse effects; 2 the existence of violations of the Convention or gross procedural violations; 3 a causal link between the breach and the consequences.The author point out that the regulation of possible conflicts between the Convention and national legislation is based on cooperation (not confrontation States and the European Court of Human Rights. Such practice of cooperation based on the principles of subsidiarity (addition to national rights protection system; evolutionary interpretation of the Convention (which implies flexibility, and accounting for changes in public relations; Judges dialogue and to develop advisory opinions. Consequently, the task of the Constitutional Court

  15. The judgment on the phosphoethanolamine case and the jurisprudence of the Brazilian Federal Supreme Court

    Directory of Open Access Journals (Sweden)

    Zebulum J. C.

    2017-02-01

    Full Text Available Widespread use of the synthetic substance phosphoethanolamine, known as the cancer pill, was recently reported among patients with malignant neoplasm. However, the substance was not registered in the Brazilian National Health Surveillance Agency and the clinical studies necessary to guarantee its effectiveness and safety had not even been completed. Neverthe-less, the federal government enacted Law number 13.269/2016, authorizing provision by the Brazilian National Public Health System under certain conditions, and various injunctions were granted that forced the state to provide it. The question was considered by the Supreme Court in two important judgments in which the Court suspended all injunctions granted and suspended the effectiveness of the law based on evidence of unconstitutionality. In this article, we analyze the legal grounds of the decisions in the context of previous positions of the Court and the guidelines established in judgment of STA 175-AgR/CE.

  16. The Political Contingency of Sex Discrimination Legislation: The Case of Australia

    Directory of Open Access Journals (Sweden)

    Margaret Thornton

    2015-06-01

    Full Text Available There has been a marked shift away from social liberalism in many parts of the world which has profound ramifications for women, whose status remains contingent on the good graces of public institutions that remain resolutely masculinist. Neoliberalism, with its focus on the privatisation of public goods and promotion of the self within the market has become the dominant political ideology everywhere and is further undermining the interests of the majority of women. This essay will address the changing fortunes of sex discrimination legislation as a specific example of an initiative designed to improve the status of women. Australia will be used as a case study because of its passionate embrace of, first, social liberalism, and then, neoliberalism. Issues pertaining to affirmative action (positive action, intersection with human rights instruments, reporting requirements and incentives will also be addressed. Although Australia is a multi-jurisdictional federation, the essay will focus primarily on the federal arena in terms of legislative initiatives, policy and jurisprudence.

  17. Constitutional Court 1995 – 2012: How did the Cases Reach the ...

    African Journals Online (AJOL)

    However, it is envisaged that the Constitution Seventeenth Amendment Act of 2012, which expressly provides that the Constitutional Court will after its commencement have jurisdiction to hear applications on non-constitutional matters. The figures contained in this article could at a later stage be used to determine what ...

  18. The case for inclusion of terrorism in the jurisdiction of the International Criminal Court

    NARCIS (Netherlands)

    van der Wilt, H.; Braber, I

    2014-01-01

    The Prosecutor of the International Criminal Court has recently announced that she will start investigations into possible war crimes and crimes against humanity in the Central African Republic. As far as war crimes are concerned, the success of this venture hinges on the question whether the

  19. ARBITRATION AND LEX SPORTIVA: THE CASE OF THE COURT OF ARBITRATION FOR SPORT (CAS

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    Mateus de Oliveira Fornasier

    2017-08-01

    Full Text Available The subject of the present work is the sport arbitration at a global level, delimiting the field of study to the performance of the Court of Arbitration for Sport (CAS as a decision-making body. The problem that led to the elaboration of this work was: how does the Court of Arbitration for Sport (CAS form part of the decision-making body with juridical characteristics? Its main hypothesis is that the Court for Arbitration of Sport (CAS is the highest instance of a non-state, but global, legal order whose decisions are competent not only for issues of purely sporting interest but also that set precedents for itself (which makes it selfreferential and also concerns about issues pertaining to the fundamental rights of athletes and organizations. Main objective: to analyze, from basic notions of the Theory of Autopoietic Social Systems (such as complexity, transnationalization and autopoiesis the Lex Sportiva and the Arbitral Court of Sport.Specific objectives: i to observe Lex Sportiva, a non-state and transnational legal order arising from the regulation of the most varied professional sports; ii to approach the CAS as the main center of juridicity in this multicentric order. Methodology: systemic-constructivist. Results: i the emergence of Lex Sportiva in the hypercomplex, polyontextural and globalized society constitutes a true non-state legal order, whose autonomy, legitimacy and binding force are recognized by state orders; ii its normative and decision-making processes deal with issues of high relevance not only to the sport itself but also to fundamental freedoms; iii the CAS, in this context, reveals itself as a true non-state maximum court, whose decisions are fundamentally relevant to various aspects of the life of those involved in sports activities.

  20. Can tax policy change exploration levels? A case of Alaska oil legislation

    Science.gov (United States)

    Tappen, Samuel Weston

    This thesis applies modern Autoregressive Distributed Lag modeling techniques to estimate the effects of oil tax policy in the case of the 2007 ACES legislation on exploratory drilling within Alaska. This analysis uses recently released public data to examine the period of 1986 to 2013 in quarterly intervals which includes all periods in which ACES was in place. While this subject has become a popular subject of debate within the state and industry, no similar statistical analysis has been conducted to date. According to the results, ACES had a significantly negative and lasting effect on exploration levels while it was in effect. The oil price and interest rate are also found to be important variables in characterizing exploration activity.

  1. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

    Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.

  2. Defining 'reasonable medical certainty' in court: What does it mean to medical experts in child abuse cases?

    Science.gov (United States)

    Dias, Mark S; Boehmer, Susan; Johnston-Walsh, Lucy; Levi, Benjamin H

    2015-12-01

    Physicians and others who provide expert testimony in court cases involving alleged child abuse may be instructed to state their conclusions within a 'reasonable medical certainty' (RMC). However, neither judges nor jurors knows what degree of probability constitutes RMC for a given expert, nor whether different experts use different standards to formulate their opinions. We sought to better understand how experts define RMC in the context of court cases. An email survey was sent to members of six list-serves, representing four specialties, whose members testify in child abuse cases. Respondents were asked to define how RMC corresponded to (1) the numerical probability that abuse occurred, (2) the ordinal probability, and (3) how their determinations relate to common legal standards ('preponderance of the evidence', 'clear and convincing', and 'beyond a reasonable doubt'). Participants were also asked how comfortable they were in defining RMC; whether their definition changed according to the charges or type of proceeding; and how they would apply RMC to several hypothetical cases. The 294 list-serve participants who responded included child abuse pediatricians (46%), forensic pathologists (21%), pediatric neurosurgeons (15%), pediatric ophthalmologists (12%), and others (6%). Though 95% of respondents had testified in court, only 45% had received training in the definition of RMC. Only 37% were comfortable defining RMC. Although many responses were highly clustered and paired comparisons showed that 95% of participants' responses were internally consistent, there was variability in respondents' definitions of RMC. There is some variability in how child abuse expert witnesses define and use the term RMC; we provide suggestions about how to more accurately and transparently define RMC to ensure justice in these cases. Copyright © 2015 Elsevier Ltd. All rights reserved.

  3. Attorney work product privilege trumps mandated child abuse reporting law: The case of Elijah W. v. Superior Court.

    Science.gov (United States)

    Lareau, Craig R

    2015-01-01

    Forensic psychologists and psychiatrists are licensed in their respective professions, but they perform most of their work with attorneys in the legal arena. Both attorneys and mental health professionals place high value on confidentiality of information, reflected in the ethics of their professions and codified into laws governing their work. In psychology and psychiatry, there are some well-known exceptions to confidentiality; two primary exceptions include the mandated reporting of suspected child abuse and various "Tarasoff" duty to warn or protect laws. Generally, however, the corresponding duty for attorneys to report suspected child abuse or to warn or protect intended victims of threatened harm is not as extensive. This difference in mandated reporting responsibilities can create significant difficulties when attorneys need to retain forensic psychologists and psychiatrists to evaluate their clients, especially in criminal contexts. If the retained psychologist or psychiatrist is required to report suspected abuse or threatened harm, the attorney may be harming his or her client's legal interests by using the forensic psychologist or psychiatrist to evaluate his or her client. This article will briefly review the development of mandated reporting laws for psychologists and psychiatrists and juxtapose those with the legal and ethical requirements of confidentiality for attorneys embodied in the attorney-client privilege and attorney work product privilege. The article will then discuss the California Court of Appeals case in Elijah W. v. Superior Court, where the court addressed the issue of whether retained mental health professionals must report suspected child abuse and threatened harm to others as required by law or if they do not need to report because they come under the umbrella of the attorney work product privilege. This California court ultimately concluded that retained psychologists and psychiatrists work under the attorney work product

  4. The Case for Same-Sex Marriage Before the European Court of Human Rights.

    Science.gov (United States)

    Hamilton, Frances

    2017-09-26

    For proponents of same-sex marriage, this essay sets forward a critical analysis of relevant arguments before the European Court of Human Rights. The privacy aspect of Article 8 European Convention of Human Rights will never be a successful argument with reference to marriage, which involves a public status. The equality argument (Article 14) is useful in addressing this issue with its close connections with citizenship, symbolic value, and proven record internationally. Difficulties remain with the equality argument; its conditional status, the width of the margin of appreciation allocated, and the need for an equality comparator. The equality argument needs reinforcement by use alongside a developing family law argument under Article 8 and a dynamically interpreted Article 12 (right to marry) argument. Ultimately, the success of any argument depends on convincingly influencing the European Court to consider that sufficient consensus has developed among Member States of the Council of Europe.

  5. Occupational violence in pregnant women in Brazil: a sample of cases in the Labor Court

    OpenAIRE

    Turatti, B?rbara de Oliveira; Moretti-Pires, Rodrigo Ot?vio

    2017-01-01

    Brazilian women are still a recurring target of discrimination in the workplace, facing violence related to gender relations and moral harassment, especially when they are pregnant. When the worker perceives discriminatory acts and attitudes or any violation of the rights guaranteed by law, she may appeal to the Labor Court to initiate legal action. This in turn exposes the worker to a number of issues, such as workplace persecution and future dismissal. The rights of pregnant women to tempor...

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

    Directory of Open Access Journals (Sweden)

    David J McQuoid-Mason

    2017-05-01

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

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

    Science.gov (United States)

    McQuoid-Mason, David J

    2017-04-25

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

  8. The role of the autopsy in medical malpractice cases, I: a review of 99 appeals court decisions.

    Science.gov (United States)

    Bove, Kevin E; Iery, Clare

    2002-09-01

    Fear that damaging information from autopsy may be introduced as evidence in lawsuits alleging medical malpractice is often cited as one factor contributing to the decline in autopsy rates. To determine how autopsy information influences the outcome of medical malpractice litigation. We studied state court records in 99 cases of medical malpractice adjudicated from 1970 to the present to assess the role of information from autopsies in the outcomes. The 3 largest groups defined by cause of death at autopsy were acute pulmonary embolism, acute cardiovascular disease, and drug overdose/interaction. Findings for defendant physicians outnumbered medical negligence in the original trial proceedings by a 3:1 margin. The appellate courts affirmed 51 acquittals and 19 findings of negligence, and reversed the original trial court decision in 29 cases for technical reasons. We found no significant relationship between accuracy of clinical diagnosis (using the autopsy standard) and outcome of a suit charging medical negligence. Even when a major discrepancy existed between the autopsy diagnosis and the clinical diagnosis, and the unrecognized condition was deemed treatable, defendant physicians were usually exonerated. Moreover, major diagnostic discrepancies were relatively uncommon in suits in which a physician was found to be negligent. Conversely, in about 20% of cases, autopsy findings were helpful to defendant physicians. Our study confirms that a finding of medical negligence is based on standard-of-care issues rather than accuracy of clinical diagnosis. Autopsy findings may appear to be neutral or favorable to either the plaintiff or the defendant, but are typically not the crux of a successful legal argument for either side in a malpractice action. We conclude that fear of autopsy findings has no rational basis and is an important obstacle to uninhibited outcomes analysis.

  9. A Case Study Perspective: The Experiences of Young Persons Testifying to Child Sexual Exploitation in British Criminal Court.

    Science.gov (United States)

    Ahern, Elizabeth; Kowalski, Marlene; Lamb, Michael E

    2017-11-21

    Three young persons who gave evidence about child sexual exploitation in criminal court using various testimonial supports were interviewed about their testimony experiences. The witnesses reported that they felt extreme pressure to remember events accurately and cared greatly about being believed. None reported their own coping strategies to alleviate stress and took comfort breaks only after they cried on the stand. Defense attorney questions were reportedly repetitive, rapid, confusing, and focused on secondary content rather than the central criminal acts. The witnesses mentioned dissatisfaction in having supportive social workers whom they trusted leave the case and be replaced.

  10. 20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...

  11. The penal control of youth: the example of preventive detention decisions by Superior Appeal Court and Appeal Court of the State of Rio Grande do Sul in drug trafficking cases

    Directory of Open Access Journals (Sweden)

    Eduardo Gutierrez Cornelius

    2014-07-01

    Full Text Available This paper studies the role of the judicial branch in the penal control of youth. It addresses the decisions of the Superior Appeal Court and the Appeal Court of the State of Rio Grande do Sul, regarding preventive detention (custody before sentence of youth charged with criminal offenses.  Following the classification of the decisions, according to pre-established criteria, it finds that there are three major themes related to preventive detention of youth: prorogation of the legal term, detention before the decision becoming definitive and the reasoning for the decisions. This article investigates the reasons Courts use to decide whether or not preventive detention should be applied. After a new reduction of the empirical universe, guided by the observation of the collected data, the study focuses on the decisions related to drug trafficking, which places second in youth incarceration rates. The analysis finds that, despite some differences between the Courts, the discretion provided by the Child and Adolescent Act’s indeterminate language is used to widen the application of preventive detention. Also, in some cases, the legal provisions were given a flexible interpretation, to, once more, justify the increase of penal control. 

  12. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

    Full Text Available This paper studies the creation of Juvenile or Children's Courts in Spain, analysing their reasons and aims, as well as the ethical and political connotations present on their way of acting. Their history and the one of the institutions that complement them is built from the legislation, writings and ideas of their promoters.

  13. Exploring Campus Response to State Mandated Change: A Case Study of the Implementation of Legislation Allowing Guns on Campus

    Science.gov (United States)

    Grantham, Ashley Erin

    2016-01-01

    This case study examines the implementation of a state legislative mandate to allow guns on campus at a public higher education institution in the southeastern United States. This study explores the process that one campus underwent to implement an externally mandated change. Additionally, this study examined whether Newcombe and Conrad's (1981)…

  14. Incidence of social resistance in provincial mining legislation. The cases of Córdoba and Catamarca (2003-2008

    Directory of Open Access Journals (Sweden)

    Lucas Christel

    2013-11-01

    Full Text Available During the last decade in Argentina, the growth of open pit mining has faced strong social resistance and provincial laws prohibiting such activity. This work aims to analyse the ways in which the different subnational political regimes and economic systems impact upon the possibility of incidence of social resistance on provincial mining legislation, looking at the cases of Cordoba and Catamarca.

  15. Is tax avoidance the theory of everything in tax Law? A terminological analysis of EU legislation and case law

    NARCIS (Netherlands)

    Öner, Cihat

    The primary goal of this article is to analyze the use of the term ‘tax avoidance’ in the legislative framework and case law of the European Union to point out the absence of a common linguistic approach. The consequences derived from the terminological chaos will also be discussed; thus, the study

  16. Aborto na Suprema Corte: o caso da anencefalia no Brasil Abortion at the Supreme Court: the anencephaly case in Brazil

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    Debora Diniz

    2008-08-01

    Full Text Available Este artigo analisa o desafio jurídico e ético imposto pela anencefalia ao debate sobre direitos reprodutivos no Brasil. O fio condutor da análise é a ação de anencefalia apresentada ao Supremo Tribunal Federal em 2004. O artigo demonstra como o debate sobre o aborto provoca os fundamentos constitucionais da laicidade do Estado brasileiro e expõe a fragilidade da razão pública em temas de direitos reprodutivos, em especial sobre o aborto.This paper analyses the ethical and legal challenges of the anencephaly case in Brazil. The case study is the Supreme Court case on anencephaly proposed in 2004. This paper shows how the abortion debate forces the fundamentals of the Brazilian secular state and demonstrates the weakness of the public reason to mediate reproductive rights, mainly abortion, in Brazil.

  17. Treaties over Time and Human Rights: A Case Law Analysis of the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Carlos Enrique Arévalo Narváez

    2017-03-01

    Full Text Available This paper analyzes the issue of treaties over time and the interpretations of the Inter-American Court of Human Rights in this context. Parts 1 and 2 introduce the elements of treaty interpretation in general international law, providing criteria for the application of the evolutionary approach to treaty interpretation, the debate between the application of evolutive interpretation and the use of subsequent conduct. Part 3 addresses the issue of fragmentation in international human rights law, and through the case law of the Inter-American Court of Human Rights, provides  evidence for the application of the rules of general international law to interpret the American Convention on Human Rights. Finally, conclusions are extracted on the basis of the case law analyzed, contrasting the Court’s application of the American Convention over time, the conclusions of the International Law Commission Reports on the Fragmentation of International Law in 2008, and the preliminary conclusions of the Study Group on Subsequent Agreements and Subsequent Practice concerning treaty interpretation and the issue of the passage of time.

  18. Evolution of European Union legislation of herbal medicinal products and its transposition to national legislation in 1965-2007: case Finland.

    Science.gov (United States)

    Koski, Sari M; Laitinen-Parkkonen, Pirjo; Airaksinen, Marja

    2015-01-01

    The study aim was to explore the progress of legislation relating to herbal medicinal products in the European Union and compare it with the corresponding progress of the legislation in Finland in 1965-2007. The study was carried out using content analysis. Data were searched from publicly available European Union directives and national acts. All definitions and safety-related requirements for herbal medicinal products were identified. The transposition of safety-related requirements into the national legislation was studied. Medicinal products from plant origins have been part of the European Union legislation since 1965. Most plant-based products have not initially been regarded as medicinal products but rather as some kind of medicine-like products. The official definition of herbal medicinal products was introduced in Directive 2004/24/EC and implemented into the Finnish legislation with the terminology to recognise herbal medicinal products as part of medicinal products. The current safety-related requirements of medicinal products concern analogously herbal medicinal products. Herbal medicinal products have had different definitions in pharmaceutical legislation over the study period in the European Union and Finland. The current definition places herbal medicinal products more clearly under the medicinal products' legislation. Safety-related requirements are now practically identical for all medicinal products. Transposition of the European Union legislation into the national legislation in Finland is apparent. Copyright © 2013 John Wiley & Sons, Ltd.

  19. Does the Electoral Rule Matter for Political Polarization? The Case of Brazilian Legislative Chambers

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    Rodolpho Bernabel

    2015-08-01

    Full Text Available This study explores the effects of electoral rules on political polarization in the legislative branch of government. Since in Brazil the districts are also the states, and senators are chosen according to the plurality-majority rule while representatives are determined by a proportional rule, the comparison between legislative chambers enables one to test whether the plurality-majority rule induces politicians to behave less moderately, and whether the proportional rule has the opposite effect. To estimate these effects, roll call data from 1988 to 2010 was analyzed and legislators' ideal points were estimated using WNOMINATE. Evidence in favor of the hypothesis was found, although not in every circumstance.

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

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    Birmontienė Toma

    2015-01-01

    Full Text Available The Constitutional Court of the Republic of Lithuania is forming a broad and distinctive doctrine on the possibility of limitation of social rights during an economic crisis. This doctrine is inter alia grounded upon the imperatives of a state under the rule of law, equality of rights, justice, proportionality, protection of legitimate expectations, social solidarity, the constitutional concept of the state budget and other constitutional imperatives. The Constitutional Court has also formulated certain general principles which must be followed when in a situation of an economic crisis the legislator may adopt decisions on reduction of social rights guarantees. This doctrine is also influenced by international law, inter alia the law of the European Convention on Human Rights. While considering the cases related to implementation of social rights, the Constitutional Court also takes account of the case-law of the constitutional courts of other states.

  1. Research for South Korea international Arbitration Court for resolving, in case commercial dispute between Russian and Korean companies

    OpenAIRE

    Kang, Taewook

    2012-01-01

    In the article – the introduction of South Korea Commercial Arbitration System (for ADR) and International Arbitration Court. When a dispute ari­ses between Russian and Korean companies, for resolving, can be selected the International Arbitration Court of Russia, Korea, or other countries. Therefore, here enumerated about the International Arbitration Court of the Republic of Korea.

  2. SPECIALIZED COURTS OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2013-11-01

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

  3. INTELLECTUAL PROPERTY IN ARCHITECTURE: BETWEEN LEGISLATIONS AND ETHICAL MANIFESTATIONS WITH SPECIAL REFERENCE TO THE EGYPTIAN CASE

    OpenAIRE

    Nehad Mohamed Eweda

    2011-01-01

    Several international and local legislations have been enacted to protect intellectual property rights. Nevertheless, legislations cannot alone provide protection for architects, and defend the right of owners over architectural products. The importance of this research paper is derived from the hypothesis that accepting, fostering and valuing intellectual property in architecture education and practice are similarly essential to enacting laws. This paper is an analytical discussion of intell...

  4. Courting Reform: Indonesia's Islamic Courts and Justice for the Poor

    Directory of Open Access Journals (Sweden)

    Cate Sumner

    2011-12-01

    Full Text Available This paper documents a judicial reform case study in the world’s most populous Islamic country that has involved increasing access to the courts for disadvantaged groups. The process began with an Access and Equity Study in the area of family law conducted by the Religious Courts of Indonesia in partnership with the Family Court of Australia as well as Indonesian research institutes and an NGO for female heads of household. The key findings of that study showed that the 50% of Indonesia’s citizens living below $2 a day would face challenges in bringing their family law cases to the Religious Courts, something that is mandatory under Indonesian law. The paper documents the steps taken by the Religious Courts over the last five years to increase access to the courts for disadvantaged groups, principally women, the poor and those living in remote areas. It is estimated that 30-40,000 Indonesian citizens facing financial and other forms of disadvantage will access the Religious Courts for their family law cases during 2011as a result of court fees being waived or a circuit court visiting their locality. The paper also highlights why legalising marriage and divorce and the provision of birth certificates (requiring a legal marriage certificate are important for female heads of household and the families they support in terms of accessing broader public services, such as education and health.

  5. Violence against women and the U.S. Supreme Court: recent challenges and opportunities for advocates and practitioners.

    Science.gov (United States)

    Rutkow, Lainie; Vernick, Jon S; Webster, Daniel W; Lennig, Dorothy J

    2009-10-01

    The U.S. Supreme Court has frequently grappled with violence against women, with three major cases decided since 2000. Although the law can be a powerful tool to minimize the risk of violence against women, it can also be an obstacle to interventions. As legislators, prosecutors, and advocates implement legal interventions to respond to violence against women, the Supreme Court has increasingly been called on to interpret these laws and assess their constitutionality. This legal note examines recent Supreme Court jurisprudence that addresses interventions to prevent violence against women and explain how practitioners can tailor interventions to respond to these decisions.

  6. Multilateral, regional, and national determinants of policy adoption: the case of HIV/AIDS legislative action.

    Science.gov (United States)

    Clark, Benjamin Y

    2013-04-01

    This article examines the global legislative response to the HIV/AIDS epidemic with a particular focus on how policies were diffused internationally or regionally, or facilitated internally. This article uses event history analysis combined with multinomial logit regression to model the legislative response of 133 countries. First, the results demonstrate that the WHO positively influenced the likelihood of a legislative response. Second, the article demonstrates that development bank aid helped to spur earlier legislative action. Third, the results demonstrate that developed countries acted earlier than developing countries. And finally, the onset and severity of the HIV/AIDS epidemic was a significant influence on the legislative response. Multilateral organizations have a positive influence in global policy diffusion through informational advocacy, technical assistance, and financial aid. It is also clear that internal stressors play key roles in legislative action seen clearly through earlier action being taken in countries where the shock of the onset of HIV/AIDS occurred earlier and earlier responses taken where the epidemic was more severe.

  7. Occupational violence in pregnant women in Brazil: a sample of cases in the Labor Court.

    Science.gov (United States)

    Turatti, Bárbara de Oliveira; Moretti-Pires, Rodrigo Otávio

    2017-07-27

    Brazilian women are still a recurring target of discrimination in the workplace, facing violence related to gender relations and moral harassment, especially when they are pregnant. When the worker perceives discriminatory acts and attitudes or any violation of the rights guaranteed by law, she may appeal to the Labor Court to initiate legal action. This in turn exposes the worker to a number of issues, such as workplace persecution and future dismissal. The rights of pregnant women to temporary stability, free time for medical examinations, change of duties and maternity leave contrast with the usurpation of the administration's workforce. The rights of pregnant women to temporary stability, free time for medical examinations, change of duties and maternity leave contrast with the growing power of labor administration.

  8. The case for establishing a board of review for resolving environmental issues: The science court in Canada.

    Science.gov (United States)

    Giesy, John P; Solomon, Keith R; Kacew, Sam; Mackay, Donald; Stobo, Gerald; Kennedy, Steven

    2016-07-01

    Technology and scientific advancements are accelerating changes in society at a pace that is challenging the abilities of government regulatory agencies and legal courts to understand the benefits and costs of these changes to humans, wildlife, and their environments. The social, economic, and political facets of concern, such as the potential effects of chemicals, complicate the preparation of regulatory standards and practices intended to safeguard the public. Court judges and attorneys and, in some cases, lay juries are tasked with interpreting the data and implications underlying these new advancements, often without the technical background necessary to understand complex subjects and subsequently make informed decisions. Here, we describe the scientific-quasi-judicial process adopted in Canada under the Canadian Environmental Protection Act, 1999, which could serve as a model for resolving conflicts between regulatory agencies and the regulated community. An example and process and lessons learned from the first Board of Review, which was for decamethylcyclopentasiloxane (D5; CAS# 541-02-06), are provided. Notable among these lessons are: 1) the need to apply state-of-the-science insights into the regulatory process, 2) to encourage agencies to continuously review and update their assessment processes, criteria, and models, and 3) provide these processes in guidance documents that are transparent and available to all stakeholders and generally foster closer cooperation between regulators, the academic community, industry, and nongovernment organizations (NGOs). Integr Environ Assess Manag 2016;12:572-579. © 2015 SETAC. © 2015 SETAC.

  9. 48 CFR 6302.38 - Remand from court (Rule 38).

    Science.gov (United States)

    2010-10-01

    ... CONTRACT APPEALS RULES OF PROCEDURE 6302.38 Remand from court (Rule 38). Whenever any court remands a case... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Remand from court (Rule 38... rules. ...

  10. THE PROTECTION OF THE RIGHT TO FREEDOM OF EXPRESSION: A PANORAMA OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS CASE LAW / A PROTEÇÃO DO DIREITO À LIBERDADE DE EXPRESSÃO: UM PANORAMA DA JURISPRUDÊNCIA DA CORTE INTERAMERICANA DE DIREITOS HUMANOS

    Directory of Open Access Journals (Sweden)

    Naiara Posenato

    2016-02-01

    Full Text Available The Inter-American system for the protection of human rights recognizes the importance of freedom of expression for democratic systems. The analysis of the Inter-American Court of Human Rights (IACtHR case law shows that it is probably the regional framework that provides the greatest scope and the broadest guarantees of protection to the right to freedom of thought and expression. Based on American Convention on Human Rights and on other relevant legislative instruments and, above all, in light of their prevailing interpretation by the aforementioned Court, this brief analysis is intended to clarify, with some comparative insights, the main features and the peculiarities of the regional system protection of the right to freedom of expression. In particular, it will consider the types of speech deserving special protection due to their importance for the exercise of other human rights or for the maintenance and the strengthening of democracy and, by contrast, the conditions according to which restrictions to freedom of expression are admitted by the Inter-American system. Keywords: Freedom of expression. Press freedom. Inter-American Court of Human Rights (IACtHR. European Court of Human Rights (ECHR. Case-law. Protected speech. Balacing human rights. National security.

  11. URGENSI DAN PENGATURAN UU TENTANG CONTEMPT OF COURT UNTUK MENJAMIN HARKAT, MARTABAT DAN WIBAWA PERADILAN

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    Aditya Wisnu Mulyadi

    2015-07-01

    Full Text Available The phenomenon of the Contempt of Court is an event that is rife in Indonesia lately. It is considered to reduce the dignity, majesty and authority of the judiciary and its apparatus. Particularly the dignity and authority of the judge. Attitudes and actions displayed by the search for justice, legal practitioners, the press, political and social organizations, NGOs, academics, judicial commission, as well as various other parties in such a way can be categorized injure the dignity, majesty and authority of the judiciary, good attitude and actions directed against the judicial process, judicial officials, as well as court decisions. Lack of strict legal instruments and adequate to serve as guidelines and benchmarks to judge such a phenomenon is made Contempt of Court always the case. View of the judge is an arm of God would have been contrary to Contempt of Court. The judge in charge of prosecuting and providing justice for justice seekers should not accept the bad treatments. This study is based on normative research method using statutory approach and conceptual approaches. Legislation that used is Law No. 4 of 1985 on the Supreme Court, Code of criminal law, the law book of the law of criminal procedure, the draft book of the Criminal Justice Act 2012 and draft the Code of Criminal Procedure 2012. This research is expected to contribute significantly for the creation benchmarks and appropriate guidelines in terms of the establishment of regulations and legislation on Contempt of Court Act

  12. the right to GOOD ADMINISTRATION IN THE Court of Justice of the EUROPEAN Union CASE LAW

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    Elisabeta SLABU

    2017-06-01

    Full Text Available The provisions of the Lisbon Treaty highlight that, at present, the Union has as objectives, not only an unitary economic development, but also strengthening the observance of peoples' fundamental rights, hence, implicitly, the right to good administration. The Court of Justice of the European Union has analyzed over time, in its decisions, the emergence and development of the good administration principle, its fundamental elements, and impossibility of framing it clearly in a definition, and, not least, turning the principle of good administration into a fundamental right through the Charter of Fundamental Rights of the European Union. At European level, citizens of the EU member states, but also those from third countries thus benefit from a right to good administration in the relations with European Union institutions and bodies, according to Article 41 of the Charter of Fundamental Rights of the European Union. The same should be the proceeding at internal level. Each Member State of the European Union should concern itself about identifying and promoting the most adequate measures for ensuring good governance and good administration. By identifying and applying at national level the principles governing the public administration activity at European level can be created the requisites for a national public administration that is transparent and efficient, close to the needs and interests of its citizens and that could be considered an integral part of the European public administration.

  13. The psychiatric report as moral tool: a case study in a French district court.

    Science.gov (United States)

    Fernandez, Fabrice; Lézé, Samuel

    2014-09-01

    Mental health evaluation within a legal setting is widely seen as a power to judge. The aim of this paper is to challenge this current thesis, which was popularised by Michel Foucault, who encapsulated the notion in a brief sentence: "The sordid business of punishing is thus converted into the fine profession of curing" (Foucault, 2003: 23). On the basis of an ethnography of a French district court (between September 2008 and May 2009, n = 60 trials) including interviews with judges (n = 10) and psychiatrists (n = 10), we study the everyday penal treatment of sexual offenders using psychiatric reports. Our findings show how (i.) the expectations of the judges select the psychiatrists' skills (based on the following criteria for their reports: accessibility of knowledge, singularization and individualization of content) and (ii.) reframe the psychiatric report as a moral tool. The clinical reasoning of forensic psychiatrists in their reports offer moral affordances due to their clinical caution regarding the risk of recidivism (therapeutic and criminological reversal, moral prevention). Both the judges' evaluation and the psychiatrists' clinical authority are shaped by a moral economy of dangerousness, which eclipses the idea of lack of criminal responsibility. In conclusion, we show that these unintended effects are necessarily of interest to most clinical practitioners engaged in work as expert witnesses. Copyright © 2014 Elsevier Ltd. All rights reserved.

  14. From LAMP to Koha: Case Study of the Pakistan Legislative Assembly Libraries

    Science.gov (United States)

    Shafi-Ullah, Farasat; Qutab, Saima

    2012-01-01

    Purpose: This paper aims to elaborate the library data migration process from LAMP (Library Automation Management Program) to the open source software Koha's (2.2.8 Windows based) Pakistani flavour PakLAG-Koha in six legislative assembly libraries of Pakistan. Design/methodology/approach: The paper explains different steps of the data migration…

  15. [On the Decision of the European Court of Human Rights. The S.H. and others against Austria. TEDH 2010/56 of April 1, on human assisted reproduction and its incidence on the European legislative arena].

    Science.gov (United States)

    Vidal Martínez, Jaime

    2011-01-01

    The judgment of ECHR 2010/56 responds positively the appeal on the part of four Austrian citizens (two married couples) against the Austrian state. The applicants complained that the prohibition of sperm and ova donation for in vitro fertilisation as established in the Austrian Law of 1992 amounts to discrimination, against article 14 of the European Convention on Human Rights in conjunction with article 8, which establishes that everyone has the right to respect for his private and family life. After a detailed exposition of the circumstances surrounding this case, the author examines the origin of the practices of artificial insemination and IVF. The author highlights the transcendence of questions linked to extracorporeal fertilisation and human embryology and looks at the European regulation and the doctrine of reproductive rights, paying attention to the widespread use of the abovementioned techniques in the globalised world and the transborder practices in the European territories. The author points out that the current implementation of assisted reproduction techniques and the lack of uniform regulation in the European context might have influenced the above judgment of the ECHR 2010/56, which pronounced that the 1992 Austrian Law of Artificial Reproduction was not in accordance with article 14 of the European Convention on Human Rights, contrary to the judgment passed by the Austrian Constitutional Court eleven years earlier. It was not questioned, and so it was established by the ECHR, that the applicants right to use assisted reproduction techniques is protected by article 8 of the Convention. However, this does not make the estate liable to allow or regulate the abovementioned practices as long as this does not result in discrimination. According to the author, the right to resort to artificial reproduction techniques is contingent and therefore different from the freedom to procreate that is inherent to the human person, and covered under the right of

  16. Can "extreme poverty" protect against refoulement? : Economic refugees in the light of recent case law of the European Court of Human Rights

    NARCIS (Netherlands)

    Flegar, Veronika

    2015-01-01

    “Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human

  17. Meeting the political and the legislative Copenhagen Criteria, the case of Kosovo

    Directory of Open Access Journals (Sweden)

    LL.M. Rinor Hoxha

    2013-12-01

    Full Text Available The next enlargement of the European Union is predicted to be in the Balkans. Kosovo, a small country of the Balkan Peninsula, which has been declared as an independent state in 2008, aims the membership in EU. Kosovo is currently at the stage of negotiating the Stabilization and Association Agreement with EU. For the membership in EU, candidate countries are required to achieve certain criteria: political, legislative, economic and administrative. The first three are known as the Copenhagen Criteria, whereas the last one as the Madrid Criteria. This paper looks to briefly asses the difficulties of Kosovo in meeting the two Copenhagen Criteria: the political and the legislative one. Although, Kosovo has achieved certain progress related to this matter, this paper presents only the dimensions where Kosovo is lacking in achieving the aforementioned requirements.

  18. INTELLECTUAL PROPERTY IN ARCHITECTURE: BETWEEN LEGISLATIONS AND ETHICAL MANIFESTATIONS WITH SPECIAL REFERENCE TO THE EGYPTIAN CASE

    Directory of Open Access Journals (Sweden)

    Nehad Mohamed Eweda

    2011-11-01

    Full Text Available Several international and local legislations have been enacted to protect intellectual property rights. Nevertheless, legislations cannot alone provide protection for architects, and defend the right of owners over architectural products. The importance of this research paper is derived from the hypothesis that accepting, fostering and valuing intellectual property in architecture education and practice are similarly essential to enacting laws. This paper is an analytical discussion of intellectual property in general and particularly in architecture, it is structured in four sections; the first provides a conceptual foundation about intellectual property; the second discusses the issue from an ethical point of view; the third demonstrates various opinions about intellectual property rights; and the last reviews some manifestations in the Egyptian society which affect the intellectual property rights in both the architectural education and practice. Finally, the paper concludes that the lack of awareness among students of architecture as well as practicing architects about intellectual property rights might lead –unintentionally- to violations, infringements, and consequently disputes. In addition, respecting intellectual property would rather begin during the years of architectural education as an ethical behavior, which will continue to regulate the architectural professional practice. Besides, architects need to understand their rights which are granted by the intellectual property legislations in order to consequently secure an atmosphere of fair competition among architects.

  19. WHAT HAPPENS WHEN THE JUDICIARY SWITCHES ROLES WITH THE LEGISLATOR? AN INNOVATIVE ISRAELI VERSION OF A MIXED JURISDICTION

    Directory of Open Access Journals (Sweden)

    Haim Sandberg

    2012-09-01

    Full Text Available Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem from the nature and the motivations of the legislative enterprise. Civil-continental legislation originates in a legislative initiative “from above”. It is driven by the aspiration for legal harmony and completeness, and was originally formulated by academics. Legislation in the common-law countries results from a "bottom up" effect in which reality dictates the nature of the developing rules, step by step.Civil law systems like Common Law systems accept the supremacy of the statutory law over judge-made law. Yet when the judiciary has the authority or the power to influence the legislative agenda there is a veritable role switch. In a manner resembling continental-style legislation, the court reviewing existing legislation determines an abstract principle, usually in reliance on a particular constitutional text, and it is the legislature that is required to distill the principles into specific legislative norms, a function normally fulfilled by the common law court. The question forming the basis of this paper is the nature of the legislative process and the legislation produced by this kind of relationship. The paper addresses this question through the narrow prism of a detailed examination of a particular Israeli test case in which the Israeli Supreme Court handed down a ruling on a fundamental principle but on its own initiative delegated to the legislature the task of implementing it and providing a specific legislative enactment of this principle, on the basis of which the Court would then rule on the concrete case. The result in this particular case was that the traditional roles of the respective branches were reversed. The practical result of the move to delegate the implementation of

  20. Case note: Supreme Court (Netherlands) [HR] (Spaans v Iran-United States Claims Tribunal, Final appeal judgment, Case No 12627: Decision No LJN: AC9158)

    NARCIS (Netherlands)

    Brölmann, C.

    2012-01-01

    Subject(s): Privileges — Immunity from jurisdiction, international organizations — International courts and tribunals, admissibility — Compensation — International courts and tribunals, admissibility of claims. Core Issue(s): Whether under customary international law an international organization

  1. First experience of programming a court decision

    Directory of Open Access Journals (Sweden)

    Sergey B. Polyakov

    2017-06-01

    Full Text Available Objective Consideration of the computer program model for making a lawful and wellgrounded judicial act in order to reduce the times for making the court decision. Methods universal dialecticmaterialistic method which removes the contradictions of the professional training of judges and procedural controls the formal legal method for transferring the requirements of the law and jurisprudence for the lawenforcement activity into programs for judges and case participants the objectoriented modeling objectoriented programming methodology. Results a computer program was created that allows to adjudicate in a civil case if the claim is recognized by the defendant. The program does not resolve the judge from the decisionmaking process but creates conditions to move along the stages of lawenforcement procedure and legal reasoning in accordance with the requirements of the law and of legal science. Therefore filling forms manually in the trial should be simultaneous with writing the decision judgment sentence assessment. The program includes the following sections preparation of forms common to certain types of proceedings certain categories of cases courts in the above forms determination of the order to establish the actual circumstances the burden of proof distribution types of evidence methods of law interpretation characteristics of collisions and gaps in legislation and ways to overcome them the standard wording in the judicial act templates and in the forms mandatory and optional information in the form. Based on the above the article concludes that by analogy with the presented program it is possible to create software for making a lawful wellgrounded and fair judicial act for other categories of cases and as a consequence to reduce the period of making judicial decisions. Scientific novelty the first computer program is created for rendering and production of judicial decisions. Practical significance the model is made to create a mass tool of

  2. An analysis of causative factors in closed criminal medical malpractice cases of the Taiwan Supreme Court: 2000-2014.

    Science.gov (United States)

    Wu, Kuan-Han; Cheng, Shih-Yu; Yen, Yung-Lin; Wu, Chien-Hung; Tsai, Ming-Ta; Cheng, Fu-Jen

    2016-11-01

    Most medical malpractice in Taiwan leads to criminal prosecution. This study examined the epidemiologic factors and clinical errors that led to medical malpractice convictions in Taiwanese criminal prosecutions. A retrospective, 15-year population-based review of criminal Supreme Court judgments pertaining to medical malpractice against physicians and nurses was conducted. Eighty-four cases were reviewed, yielding data that included the number and specialty involved, accused hospitals, the diagnosis, the time interval between incidents to closure, result of adjudication, the origin of cases (private vs. public prosecution), the result of medical appraisal, and the primary error. Overall, the cases averaged 7.6years to achieve final adjudication. Seventy-five percent were settled in favor of the clinician; twenty-three physicians and three nurses were found guilty, but all of these avoided imprisonment via probation or replacement with forfeit. The single most risky specialty was emergency medicine (22.6% of the cases), with 36.8% of those resulting in guilty verdicts. The most common diagnosis groups were infectious diseases (23.8%), intracranial hemorrhages (10.7%), and acute coronary syndrome (9.5%). Public prosecutions had a 41.2% conviction rate; no guilty verdicts resulted from private prosecution. Nineteen (22.6%) cases were commuted, and 73.7% of those had a controversial appraisal result. The characteristics of criminal malpractice prosecution in Taiwan that could be improved to relieve the stress of frivolous lawsuits on the judicial process include lengthy jurisdiction process; low public-prosecution conviction rate; frequent commuted jurisdiction related to a controversial appraisal; and zero imprisonment rate for clinicians. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

  3. Attitudes Toward Juvenile Sex Offender Legislation: The Influence of Case-Specific Information.

    Science.gov (United States)

    Campregher, Julia; Jeglic, Elizabeth L

    2016-01-01

    This study examined attitudes toward the application of adult sex offender legislation to juvenile sex offenders. Participants were randomly assigned to one of nine conditions. In the generic condition, the participants were asked to envision a generic juvenile sex offender, whereas in the manipulated conditions, participants read a vignette with three manipulated variables: offense type, victim age, and victim gender. Afterward, all participants (n = 978) completed questionnaires assessing perceptions of juvenile sex offenders and juvenile sex offender legislation. Overall, participants in the generic juvenile sex offender condition rated the perpetrator as more dangerous and more likely to reoffend than participants in the experimental conditions. Moreover, participants in the generic juvenile sex offender condition were more likely to endorse more punitive punishments and viewed perpetrators as "superpredators." When examining differences between the experimental conditions, participants reading vignettes with younger victims and male victims as well as vignettes with contact offenses were more likely to view the perpetrator as dangerous, likely to recidivate, as a "superpredator," and deserving of more punitive punishments. Implications for public policy as well as future research directions are discussed.

  4. The humidifier disinfectant case and the legislative challenges of the 20th Congress

    Directory of Open Access Journals (Sweden)

    Taehyun Park

    2016-08-01

    Full Text Available A number of absurdities surrounding the humidifier disinfectant (HD incident may have occurred because 1 a judicial system operates on the underlying false assumption that the involved parties are equals in knowledge, information and resource mobilization capabilities, regardless of respective real status as company or individual; 2 there is a lack of a system that mandates a company to prevent and actively manage possible catastrophes; 3 the regulatory scheme makes companies believe that as long as they are complying with the existing regulations, they have satisfied all of their responsibilities. I believe that this issue is an opportunity to bring about changes in the judicial redress system, the system of internal management of manufacturers, and the regulatory system of the government. The following regulation amendments are needed to move towards the changes stated above. First, legislation relating to victim relief that is applicable to the HD incident must be established. Second, a risk management system must be formed within the manufacturing company and to this end an institutional environment for the system must be established within regulatory framework. Furthermore, legislation must be passed that could punish companies themselves that have caused severe damage to individuals because they had failed to take necessary actions to avoid foreseeable harm. Finally, the framework of regulation must be changed so that the company, who has the necessary information regarding the product and the component chemicals used in the product, must self-directed experiment and assessment of the safety of their own products.

  5. An Analysis of First Amendment Jurisprudence on the Supreme Court Case of Locke v. Davey

    Science.gov (United States)

    Herzog, Alexander John

    2010-01-01

    Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

  6. DOE ZERH Case Study: High Performance Homes, Chamberlain Court #75, Gettysburg, PA

    Energy Technology Data Exchange (ETDEWEB)

    none,

    2015-09-01

    Case study of a DOE 2015 Housing Innovation Award winning production home in the cold climate that got a HERS 37 without PV, or HERS 23 with PV, with R-24 SIP walls, Basement with R-10 under slab, and R-15 unfaced batt on walls, sealed attic with R-49 ocsf under roof deck; ground source heat pump COP 4.4.

  7. Legislation perspectives about social assistance programs for electricity distribution networks extensions. Considerations from ELETROPAULO case study, Sao Paulo, Brazil

    International Nuclear Information System (INIS)

    Franca, Carlos Roberto Almeida; Bermann, Celio

    1999-01-01

    The central issue of debate was the need to align the energy sector's options and organization with changing global patterns of economic and social development, characterized by the increasing role played by the private sector, greater integration in the world economy, and new economic and social priorities such as efficiency, decentralization, deregulation, and a closer attention to environmental issues. The aim of the work was to present legislation perspectives about social assistance programs for electricity distribution networks extensions considering a Brazilian electric utility case study

  8. The circuitous path of democracy : legislative control of the bureaucracy in presidential regimes : the case of Mexico

    OpenAIRE

    Ríos C., Alejandra

    2010-01-01

    My research identifies conditions for legislators in emerging presidential democracies to achieve bureaucratic accountability, one of the least studies aspects of legislative politics. To better explain legislators' ability to hold the bureaucracy accountable, I develop a theoretical model of oversight in which resource constraints (i.e., capabilities) and electoral motivations and policy preferences (i.e., incentives) explain legislators' behavior. The model shows that legislators' oversight...

  9. Questions of Procedure in the cases Costa Rica c. Nicaragua and Nicaragua c. Costa Rica before the International Court of Justice

    Directory of Open Access Journals (Sweden)

    Juan José Quintana

    2017-03-01

    Full Text Available This paper is concerned with several questions of the procedure followed when litigation is conducted before the International Court of Justice, in the light of the judgment of the Court rendered on 16 December 2015, in two cases between the same parties that were joined, i. e. “Certain activities carried out by Nicaragua in the border area”, filed by Costa Rica against Nicaragua, and “Construction of a road in Costa Rica along the San Juan river”, filed by Nicaragua against Costa Rica. In this judgment important decisions by the ICJ can be found related to technical aspects of procedure such as joinder, counterclaims, provisional measures, remedies, evidence and proof of facts and costs. In several cases this decision introduces significant innovations into the Court’s previous case-law regarding litigation before it.

  10. La consulta prelegislativa y la participación de los titulares de derechos colectivos: ¿mito o realidad? Análisis del caso de la Ley de Aguas (Does the participation of indigenous people in the legislative consultation process in Ecuador matter? Case study of Water Law

    Directory of Open Access Journals (Sweden)

    Andrés Martínez Moscoso

    2015-12-01

    Full Text Available El presente artículo tiene por objeto analizar la consulta prelegislativa ecuatoriana como mecanismo de participación de los titulares de derechos colectivos, para lo cual estudia los instrumentos internacionales de derechos humanos, la jurisprudencia de la Corte IDH, la normativa interna ecuatoriana, así como la jurisprudencia constitucional. El trabajo toma como caso de estudio el proceso de aplicación de la consulta prelegislativa realizado por la Asamblea Nacional durante la aprobación de la L.O.R.H.U.A.A. (2014. El artículo además analiza cuantitativamente los datos de participación generados durante el proceso, con el propósito de comprobar si la opinión de los consultados fue tomada en cuenta a la hora de redactar la Ley. | This paper focus in the analyses of Ecuadorian pre-legislative consultation like a mechanism of participation of Indigenous Peoples. The document studies the international legislation of Human Right, precedents of Interamerican Human Rights Court, and national legislation, and Constitutional Sentences. Our work take for the study case the Ecuadorian process of Pre-legislative Consultation in the project of Water of Law (2014. The paper makes a qualitative analysis of the participation data during the process with the objective to probe if the opinion of the people which were consulted were considered in the final legislative project.

  11. Assessing the Courts in Russia: Parameters of Progress under Putin

    Directory of Open Access Journals (Sweden)

    Peter H. Solomon

    2008-10-01

    Full Text Available The Soviet legacy included courts that were dependent and weak, and whose reform had only just begun. The Yeltsin era witnessed considerable progress in making judges more independent and powerful, but the efforts were seriously constrained by budgetary shortcomings and paralysis in the legislative approval of needed procedural changes. As we shall see, the Putin administration overcame both of these obstacles and at the same time began addressing the thorny question of how to make courts and judges accountable without undue harm to their independence. It also started to address the scepticism about the courts among a significant part of the public, through efforts to improve media coverage, make information about courts more available, and make courts user friendly. While praiseworthy and bound to improve the reality and the perception of the administration of justice overall, these initiatives did not end attempts to exert influence on judges and case outcomes by powerful people (in the public and private sectors or the mechanisms that facilitated their efforts. This essay begins by identifying criteria for assessing the quality of the administration of justice in any country, including in the post-soviet world and suggesting specific markers (usually qualitative connected to each of the criteria developed above. Then, the essay provides an account of relevant policy initiatives in judicial reform undertaken first under Yeltsin and then in the Putin years. The essay goes to provide an assessment of the state of the courts in the Russian federation in 2007 in the light of the criteria and markers supplied in the first section. It concludes with a look to the future, and the identification of crucial markers of change for the post-Putin era.

  12. Check List for Legislators: Towards a Canadian Approach to End-of-Life Choices.

    Science.gov (United States)

    Chipeur, Gerald

    2016-02-01

    In this article, the author reviews Supreme Court of Canada and European Court of Human Rights case law to identify the factors the Parliament of Canada should take into account when it creates legislation regulating physician-assisted suicide. He also highlights the Criminal Code provisions that currently govern the provision of assistance in a suicide. The author concludes that the Charter of Rights and Freedoms requires a unique Canadian approach to the subject of physician-assisted suicide--an approach that provides adequate safeguards to protect the vulnerable, adequate oversight to ensure transparency, and adequate accommodation for the ethical and moral concerns of physicians to respect their human rights.

  13. Psychiatric aspects of contempt of court among women.

    Science.gov (United States)

    d'Orbán, P T

    1985-08-01

    The case histories of 72 women admitted to prison for contempt of court in 1979-83 were reviewed. The sample included 45% of all women imprisoned for contempt in England and Wales over the 5-year period. The contemnors were significantly older than other sentenced prisoners, one third were foreign born and 37.5% were suffering from psychiatric disorder. Two thirds of the mentally disordered group had a paranoid disorder, litigiousness was a prominent feature of their illness, and 52% committed contempt in the context of a matrimonial dispute or a dispute with neighbours. Recent legislation may help to prevent the imprisonment of mentally ill contemnors.

  14. Ethiopia's New Cybercrime Legislation

    African Journals Online (AJOL)

    Kinfe Micheal Yilma

    Computer Law and Security Review 720, 725-729. On a recent cybercrime case adjudged by Ethiopian courts, see Kinfe Micheal Yima and Halefom Hailu Abraha (2015), 'The. Internet and Regulatory Responses in Ethiopia: Telecoms, Cybercrimes, Privacy, E- commerce and the New Media', 9 Mizan Law Review 108, ...

  15. Irish Supreme Court finds abortion information law constitutional.

    Science.gov (United States)

    1995-06-02

    On May 12, 1995, the Irish Supreme Court upheld constitutional legislation governing the provision of information regarding legal abortion services abroad. The measure, which was adopted, 85-67, on March 8 by the lower House (Dail) and approved on March 14 by the Senate (Seanad), permits Irish family planning groups, physicians, health advisory services, and counseling centers to continue informing women about abortion within the context of a comprehensive discussion of pregnancy options. Making direct referrals or appointments for abortion services, writing letters of introduction for patients or clients, and advocating or promoting the procedure are prohibited. Medical records may be forwarded once a woman has made her own appointment. The law bans dissemination of the information to the general public and any financial connection between the groups providing counseling and those performing abortions. Irish President Mary Robinson sent the measure to the Supreme Court for review, rather than signing it. The measure was initially intended to implement one portion of a three-part 1992 constitutional referendum on abortion, which occurred in the wake of a case of a pregnant 14-year-old rape survivor who sought to travel to England for an abortion. A lower court decision which had prevented the woman from leaving the country was overturned by the Irish Supreme Court, based on her suicidal state. That year, nearly 60% of the electorate supported a measure making information about abortion in other countries available to Irish women. 65% rejected a proposal limiting abortion to cases where the mother's life, not health, was in danger. The rejected proposal would not have allowed abortions in cases where self-destruction was an issue. 62% approved an amendment guaranteeing an unambiguous constitutional right to travel, including for abortion services. More than 4000 women travel to England for abortions annually. After the Supreme Court ruling, the measure was signed

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

    Directory of Open Access Journals (Sweden)

    Cristian JURA

    2014-05-01

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

  17. THE DECISION BY THE INTER-AMERICAN COURT OF HUMAN RIGHTS ON THE AWAS TINGNI VS. NICARAGUA CASE (2001: THE IMPLEMENTATION GAP

    Directory of Open Access Journals (Sweden)

    FELIPE GÓMEZ ISA

    2017-06-01

    Full Text Available In August 2001, the Inter-American Court of Human Rights reached a landmark and pioneering decision in the field of international indigenous peoples’ human rights law. However, the case did not end there, but entered a new phase for which neither the community nor their advisors were fully prepared: the implementation phase of the judgment. Our analysis has tried to shed light on the vicissitudes of this long, complex and as yet unfinished process, which is one of the most innovative aspects of this paper. This is particularly relevant given the absence of systematic studies on the implementation processes of judicial decisions made by international bodies (such as the Inter-American Court from the perspective of the victims themselves, and of the stakeholders involved in the case.

  18. The Admissibility of Subregional Courts' Decisions before the ...

    African Journals Online (AJOL)

    However, it is not clear whether the cases decided by subregional courts are admissible before the African Commission on Human and Peoples' Rights or the African Court on Human and Peoples' Rights. Focusing on the Economic Community of West African States Court of Justice, the East African Court of Justice, and the ...

  19. Is the German Federal Constitutional Court off course? Some thoughts on the control intensity of administrative case law

    International Nuclear Information System (INIS)

    Wuerkner, J.

    1992-01-01

    The article comes to the overall conclusion that the efforts of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) to make the protection of basic rights more effective by largely restricting the discretionary powers of the administration, as justified as this may be from the point of view of general constitutional law, ultimately leads to legal uncertainties for both legal practitioners and persons seeking legal remedies. It is not only that court proceedings will be delayed by the increased necessity to consult outside experts, but also the practising administrative judges themselves will only slowly be able to adjust to the new situation. It remains to be seen whether the Federal Administrative Court (Bundesverwaltungsgericht) will be able to finally provide for the necessary clarity in the foreseeable future. (orig.) [de

  20. Legislating thresholds for drug trafficking: a policy development case study from New South Wales, Australia.

    Science.gov (United States)

    Hughes, Caitlin Elizabeth; Ritter, Alison; Cowdery, Nicholas

    2014-09-01

    Legal thresholds are used in many parts of the world to define the quantity of illicit drugs over which possession is deemed "trafficking" as opposed to "possession for personal use". There is limited knowledge about why or how such laws were developed. In this study we analyse the policy processes underpinning the introduction and expansion of the drug trafficking legal threshold system in New South Wales (NSW), Australia. A critical legal and historical analysis was undertaken sourcing data from legislation, Parliamentary Hansard debates, government inquiries, police reports and research. A timeline of policy developments was constructed from 1970 until 2013 outlining key steps including threshold introduction (1970), expansion (1985), and wholesale revision (1988). We then critically analysed the drivers of each step and the roles played by formal policy actors, public opinion, research/data and the drug trafficking problem. We find evidence that while justified as a necessary tool for effective law enforcement of drug trafficking, their introduction largely preceded overt police calls for reform or actual increases in drug trafficking. Moreover, while the expansion from one to four thresholds had the intent of differentiating small from large scale traffickers, the quantities employed were based on government assumptions which led to "manifest problems" and the revision in 1988 of over 100 different quantities. Despite the revisions, there has remained no further formal review and new quantities for "legal highs" continue to be added based on assumption and an uncertain evidence-base. The development of legal thresholds for drug trafficking in NSW has been arbitrary and messy. That the arbitrariness persists from 1970 until the present day makes it hard to conclude the thresholds have been well designed. Our narrative provides a platform for future policy reform. Copyright © 2014 Elsevier B.V. All rights reserved.

  1. Localising environmental governance: the Le Sueur case | Humby ...

    African Journals Online (AJOL)

    In the matter of Le Sueur v Ethekwini Municipality the KwaZulu-Natal High Court decided that municipalities had the power to legislate on environmental issues such as biodiversity and conservation. This note argues that the precedent established in this case is that municipalities have authority to legislate upon ...

  2. Citizens United, public health, and democracy: the Supreme Court ruling, its implications, and proposed action.

    Science.gov (United States)

    Wiist, William H

    2011-07-01

    The 2010 US Supreme Court Citizens United v Federal Election Commission 130 US 876 (2010) case concerned the plans of a nonprofit organization to distribute a film about presidential candidate Hillary Clinton. The Court ruled that prohibiting corporate independent expenditures for advocacy advertising during election campaigns unconstitutionally inhibits free speech. Corporations can now make unlimited contributions to election advocacy advertising directly from the corporate treasury. Candidates who favor public health positions may be subjected to corporate opposition advertising. Citizen groups and legislators have proposed remedies to ameliorate the effects of the Court's ruling. The public health field needs to apply its expertise, in collaboration with others, to work to reduce the disproportionate influence of corporate political speech on health policy and democracy.

  3. Comments on the Lambert case: the rulings of the French Conseil d'État and the European Court of Human Rights.

    Science.gov (United States)

    Veshi, Denard

    2017-06-01

    This study examines the decisions of the French Conseil d'Etat (Supreme Administrative Court) and the European Court of Human Rights in the Lambert case concerning the withdrawal of life-sustaining treatments. After presenting the facts of this case, the main legal question will be analyzed from an ethical and medical standpoint. The decisions of the Conseil d'État and then of the European Court of Human Rights are studied from a comparative legal perspective. This commentary focuses on the autonomous will of an unconscious patient and on the judicial interpretation of the right to life as recognized in article 2 of the European Convention on Human Rights. Furthermore, it medically classifies artificial nutrition and hydration (ANH) as a "treatment" which has ethical and legal implications. While the majority of the bioethical community considers ANH a medical treatment, a minority argues that ANH is basic care. This classification is ambiguous and has conflicting legal interpretations. In the conclusion, the author highlights how a French lawmaker in February 2016, finally clarified the status of ANH as a medical treatment which reconciled the different values at stake.

  4. The Tensions between Internal and External Multilateralism in the Case Law of the Court of Justice of the European Union Concerning International Agreements

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2016-01-01

    The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within the frame......The European Union’s (EU) commitment to multilateralism is enshrined in Article 21(1) of the Treaty on the European Union (TEU), which proclaims that the EU “shall promote multilateral solutions to common problems”. It is also reflected in numerous documents and treaties produced within...... to multilateralism externally appears problematic. This chapter examines the articulation between this internal and external multilateralism of the EU in the case-law of the Court of Justice of the EU (CJEU). It asks the question whether the main tool of legal interpretation deployed by the Court – teleological...

  5. The Polluter Pays Principle: Guidelines for Cost Recovery and Burden Sharing in the Case Law of the European Court of Justice

    Directory of Open Access Journals (Sweden)

    Petra E. Lindhout

    2014-05-01

    Full Text Available Over the years, the polluter pays principle has developed into a strong basis for EU policy making. Many European Directives refer to this principle, for instance as a basis for cost recovery or liability. The European Court of Justice has contributed significantly to the development of the polluter pays principle. Case law of the European Court of Justice on the polluter pays principle provides guidelines for burden sharing and recovery of costs. In this article we will illustrate how these guidelines may be helpful to solve current environmental issues.We will argue that the guidelines of the polluter pays principle apply to the establishment of coherent programmes of measures, as required under the Air Quality Directive and Water Framework Directive. We will also discuss the influence of the polluter pays principle on the cost recovery for water services under Article 9 of the Water Framework Directive.

  6. The Right to Privacy and the Right to Intellectual Property in Internet: The Promusicae Case, a Significant Judgement of the European Court of Justice

    Directory of Open Access Journals (Sweden)

    Mercedes Soto García

    2009-12-01

    Full Text Available The difficult conciliation between the protection of the right to respect for private life, specially the confidentiality of personal data, and the rights to protection of copyright and to an effective remedy is the key issue decided by the Judgment of the Court of Justice in Case C-275/06, Promusicae. In order to safeguard other persons’ rights, the Court approves of limits to the privacy and these limits are sanctioned to damage the confidentiality of personal data, generated by the traffic in the electronic communications. In our opinion, in spite of the Court’s praiseworthy efforts to balancing the rights concerned, the judgement creates an instrument that entails a danger for freedom.

  7. Case law. Administrative decisions. National legislative and regulatory activities. International regulatory activities

    International Nuclear Information System (INIS)

    Anon.

    2007-01-01

    The different subjects are as follow: judgment on Konrad repository project (Germany), Measures for the dismantling of Barsebaeck (Sweden), amendment to the criminal code (Argentina), Australian nuclear science and technology organisation amendment act, commonwealth radioactive waste management legislation amendment (Australia), amendments to the radiation act and radiation decree (Finland), decree on securing financing for nuclear charges, decree licensing the construction of the basic nuclear installation Flamanville 3 comprising an EPR reactor (France), amendment to the act on preventive radiation protection, administrative provisions on the supervision of environmental radioactivity, ordinance on radioactive drugs, amendment to the ordinance on the treatment of foodstuffs with radiation, European agreement relating to the international transportation of dangerous goods by road, ordinance on the transportation of dangerous goods by road and rail, ordinance to amend the R.I.D. regulations, ordinance on the transportation of dangerous goods on the Rhine and Mosel rivers, amendments to the 1961 foreign trade act and to the 1993 foreign trade ordinance (Germany), regulations in the field of radiation protection (Iceland), decree on nuclear reactor licensing (Indonesia), carriage of dangerous goods by road act (Ireland), decree on emergency planning with regard to the transport of radioactive and fissile materials (Italy), covenant between the government and the Borssele operator concerning the life extension (Netherlands), consolidated edition of the 1965 radiation protection act (New Zealand), regulation on ionizing radiation sources (Poland), decision approving the structure and organisation of the romanian nuclear agency, amendment of the 2003 decision approving the internal rules of the national commission for the control of nuclear activities, amendment of the 2003 ordinance on the management of spent nuclear fuel and radioactive waste including final disposal

  8. The impact of the treaty basis on health policy legislation in the European Union: A case study on the tobacco advertising directive

    Directory of Open Access Journals (Sweden)

    Maarse Hans

    2008-04-01

    ' foundation of health policy legislation in the Community. The absence of a clear-cut legal basis for health policies does not imply that the EU's impact on health is negligible. In the case of tobacco-control measures, the creative use of other Treaty bases has resulted in significant European action in the field of public health.

  9. The impact of the treaty basis on health policy legislation in the European Union: a case study on the tobacco advertising directive.

    Science.gov (United States)

    Boessen, Sandra; Maarse, Hans

    2008-04-08

    The Europe Against Cancer programme was initiated in the late 1980s, recognising, among other risk factors, the problematic relationship between tobacco use and cancer. In an attempt to reduce the number of smokers in the European Community, the European Commission proposed a ban on tobacco advertising. The question of why it took over ten years of negotiating before the EU adopted a policy measure that could in fact improve the health situation in the Community, can only be answered by focusing on politics. We used an actor-centred institutionalist approach, focusing on the strategic behaviour of the major actors involved. We concentrated our analysis on the legal basis as an important institution and evaluated how the absence of a proper legal basis for public health measures in the Treaties influenced policy-making, framing the discussion in market-making versus market-correcting policy interventions. For our analysis, we used primary and secondary sources, including policy documents, communications and press releases. We also conducted 9 semi-structured interviews. The ban on tobacco advertising was, in essence, a public health measure. The Commission used its agenda-setting power and framed the market-correcting proposal in market-making terms. The European Parliament and the Council of Ministers then used the discussion on the legal basis as a vehicle for real political controversies. After adoption of the ban on tobacco advertising, Germany appealed to the European Court of Justice, which annulled the ban but also offered suggestions for a possible solution with article 100a as the legal basis. The whole market-making versus market-correcting discussion is related to a broader question, namely how far European health regulation can go in respect to the member states. In fact, the policy-making process of a tobacco advertising ban, as described in this paper, is related to the 'constitutional' foundation of health policy legislation in the Community. The

  10. The impact of the treaty basis on health policy legislation in the European Union: A case study on the tobacco advertising directive

    Science.gov (United States)

    Boessen, Sandra; Maarse, Hans

    2008-01-01

    legislation in the Community. The absence of a clear-cut legal basis for health policies does not imply that the EU's impact on health is negligible. In the case of tobacco-control measures, the creative use of other Treaty bases has resulted in significant European action in the field of public health. PMID:18397520

  11. The effect of banning MDPV on the incidence of MDPV-positive findings among users of illegal drugs and on court decisions in traffic cases in Finland.

    Science.gov (United States)

    Kriikku, Pirkko; Rintatalo, Janne; Pihlainen, Katja; Hurme, Jukka; Ojanperä, Ilkka

    2015-07-01

    In this study, we sought to determine what impact the banning of 3, 4- methylenedioxypyrovalerone (MDPV) had on the incidence of MDPV-positive findings and on user profiles in driving under the influence of drugs (DUID) and postmortem (PM) investigations in Finland. All MDPV-positive cases and a selection of corresponding court cases between 2009 and 2012 were examined. The median serum concentration of MDPV in DUID cases was 0.030 mg/L and in PM blood 0.12 mg/L. The number of MDPV-positive cases decreased both in DUID and PM investigations after the drug was banned. The decrease in the mean monthly numbers of MDPV-positive DUID cases was 51.1%. In court cases, MDPV was rarely mentioned until banned and frequently mentioned thereafter. Of the convicted, 37% were without a fixed abode, 98% had other charges besides that of DUID, and 13% appeared in the study material more than once. In MDPV-positive PM cases, the proportion of suicides was very high (24%). Research on new psychoactive substances is required not only to support banning decisions but more importantly to be able to provide a scientific assessment of the risks of these new substances to the public and potential users.

  12. Immunities of International Organizations before Domestic Courts : Reflections on the Collective Labour Case against the European Patent Organization

    NARCIS (Netherlands)

    Ryngaert, C.M.J.

    2016-01-01

    The Netherlands is home to a substantial number of international organizations, which on the basis of international agreements are entitled to immunity from jurisdiction and enforcement before Dutch courts. This immunity grant has not stopped claimants from suing international organizations in The

  13. 42 CFR 405.1140 - MAC review of ALJ decision in a case remanded by a Federal district court.

    Science.gov (United States)

    2010-10-01

    ... Federal district court. 405.1140 Section 405.1140 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICARE PROGRAM FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED... disagreeing with the decision of the ALJ. The party must file exceptions within 30 calendar days of the date...

  14. 76 FR 4285 - Certain Cased Pencils From the People's Republic of China: Notice of Court Decision Not in...

    Science.gov (United States)

    2011-01-25

    ... clarified by Diamond Sawblades Mfrs. Coalition v. United States,--F.3d--Court No. 2010-1024, -1090 (Fed. Cir... redetermination resulted in changes to the Final Results for China First's margin from 10.41 percent to 1.13...

  15. The Council Presidency and legislative leadership: The case of occupational health and safety

    NARCIS (Netherlands)

    Warntjen, Andreas

    2009-01-01

    Many international institutions feature a leadership office to organize its decision-making process. In the case of the Council of the European Union, the rotating Council Presidency exercises the role of a process manager and enjoys proposal power. This function might allow the Presidency to steer

  16. Development of the Law by Supreme Courts in Europe

    Directory of Open Access Journals (Sweden)

    Maarten Feteris

    2017-10-01

    Full Text Available It is generally recognised in many countries that law-making is not exclusively a task for the legislator, but also for the courts, especially supreme courts. In fact, in many European countries, a tendency seems to be emerging towards an even greater focus on the law-making task of the supreme courts. The author of this paper, the President of the Supreme Court of the Netherlands, addresses various topics regarding this law-making task of European supreme courts, such as the question to what extent (supreme courts make and develop law, whether there is a statutory basis for this activity and what kind of techniques these courts can use. The author also addresses the limits to the power of the supreme courts to develop new rules (especially in relation to the legislator and what is to be expected in the near future regarding law-making by supreme courts. The article is partly inspired by the answers to a questionnaire on this subject, which was sent to the Network of the Presidents of the Supreme Judicial Courts of the European Union.

  17. "Medical Marijuana" and the End of the "Federalist Revolution": An Analysis of Heresthetic Maneuvers at the U.S. Supreme Court in the OCBC and Raich Cases

    Directory of Open Access Journals (Sweden)

    Marko Radenović

    2005-01-01

    Full Text Available In the last fi fteen years a “federalist revolution“ has been carried out at the U.S. Supreme Court, led by the then court president William H. Rehnquist. Although it has involved a variety of rulings in diff erent areas, the ones connected with the limitation of regulatory powers of Congress on the basis of the Commerce Clause (the Lopez and Morrison cases were of the greatest symbolic importance. The liberal antifederalist minority has put up resistance against such changes, until divisions in the conservative federalist majority were brought about over the Gonzales v. Raich case (2005. On the basis of the decision in the Raich case, the liberals largely managed to abolish the eff ects of Lopez and Morrison. Starting from Riker’s concept of heresthetic maneuvers, this paper puts forward the hypothesis that the success of the liberal minority is a result of proactive heresthetic eff orts towards overthrowing the “federalist revolution“. It also points to the importance of a relatively neglected case, United States v. Oakland Cannabis Buyers’ Cooperative (2001, as one of the corner-stones of the antifederalist campaign. The moves of the liberals in the OCBC and Raich cases are analysed in accordance with Riker’s categorisation. The hypothesis is demonstrated through an analysis of material comprising rulings, opinions, minutes of verbal discussions and statements given by participants in the legal proceedings.

  18. Desalinization, legislative evolution of the concession processes. Colombia as case of study

    Directory of Open Access Journals (Sweden)

    Roberto Lastra-Mier

    2017-06-01

    Full Text Available Colombia is a country that has an abundant offer of hydric resources. However, this offer is conditioned to the climatic characteristics of the territory and diverse ocean-atmospheric phenomenon (El Niño / La Niña. This disparity of conditions comports excess periods or scarcity periods of water. In this case, alternatives are necessaries for supply the needs of the coast zones populations. The desalinisation of marine waters is an alternative for supply a possible hydric deficit, but is necessary to define and explain the concepts and scopes of this process, from his juridical nature, competencies of the governing entity that regulate them and his concessions.

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

    African Journals Online (AJOL)

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

  20. Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

    Science.gov (United States)

    Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y

    2014-11-01

    While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  1. A Contrastive Survey of Speech Acts in Hong Kong Bilingual Legislative Texts: A Case Study of CO and SPR

    Science.gov (United States)

    Fu, Kefeng

    2014-01-01

    As one kind of the legislative language, the language of bilingual legislation possesses its specific characteristics: the two versions share the same authenticity and effect. Therefore, the contrastive analysis of this kind of language from the perspective of pragmatics is more persuasive and authoritative. In this paper, the author chooses Crime…

  2. A Plea for Caution: Violent Video Games, the Supreme Court, and the Role of Science

    Science.gov (United States)

    Hall, Ryan C. W.; Day, Terri; Hall, Richard C. W.

    2011-01-01

    On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its review and interpretation of the medical and social science literature addressing the effects of violent video games on children. Those on both sides of the violent video game debate claim that the scientific literature supports their opinions. Some involved in the debate have proclaimed that the debate is scientifically settled and that only people holding personal interests and biases oppose these “established truths.” We review the historical similarities found in the 1950s comic book debate and studies identified from a PubMed search of the term violent video games showing both the harmful and beneficial effects of these video games. We define factors that physicians need to consider when reading and stating opinions about this literature. Opinions from past court rulings are discussed to provide insight into how judges may approach the application of these social science studies to the current legal issue. Although on the surface the case of Schwarzenegger v Entertainment Merchants Association pertains only to the restriction of violent video games, it may establish principles about how medical and public health testimony can affect fundamental constitutional rights and how much and on what basis the courts will defer to legislators' reliance on unsettled science. PMID:21454733

  3. A plea for caution: violent video games, the Supreme Court, and the role of science.

    Science.gov (United States)

    Hall, Ryan C W; Day, Terri; Hall, Richard C W

    2011-04-01

    On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its review and interpretation of the medical and social science literature addressing the effects of violent video games on children. Those on both sides of the violent video game debate claim that the scientific literature supports their opinions. Some involved in the debate have proclaimed that the debate is scientifically settled and that only people holding personal interests and biases oppose these "established truths." We review the historical similarities found in the 1950s comic book debate and studies identified from a PubMed search of the term violent video games showing both the harmful and beneficial effects of these video games. We define factors that physicians need to consider when reading and stating opinions about this literature. Opinions from past court rulings are discussed to provide insight into how judges may approach the application of these social science studies to the current legal issue. Although on the surface the case of Schwarzenegger v Entertainment Merchants Association pertains only to the restriction of violent video games, it may establish principles about how medical and public health testimony can affect fundamental constitutional rights and how much and on what basis the courts will defer to legislators' reliance on unsettled science.

  4. Institutional independence and the constitutionality of legislation ...

    African Journals Online (AJOL)

    The test for determining whether judicial independence is safeguarded is an objective one based on public confidence in the structure of the court and the ... in the analysis of the application of the principles of judicial independence to specific legislative schemes where the structure of the tribunal thereby established had ...

  5. Exploring Characteristics of Religious Affiliated Colleges Labeled "Diploma Mills": A Multi-Case Study of U.S. Court Decisions

    Science.gov (United States)

    Callahan, Laura L.

    2014-01-01

    Over 600 higher education institutions have been identified as alleged diploma mills by governmental authorities based on criteria set forth in U.S. federal law. The characteristics of religious colleges exempt from State oversight varied based on each States' higher education legislation and implementing policy. The U.S. Constitution was the core…

  6. Court decisions on medical malpractice.

    Science.gov (United States)

    Knaak, Jan-Paul; Parzeller, Markus

    2014-11-01

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

  7. Influence of legislative conditioned changes in waste management on economic viability of MSW-fuelled district heating system: Case study

    Directory of Open Access Journals (Sweden)

    Tomić Tihomir

    2016-01-01

    Full Text Available District heating systems represents one of the ways by which the European Union is trying to reach set goals in energy efficiency and security field. These systems allow the use of different energy sources including local energy sources such as waste and biomass. This paper provides economic viability assessment of using these fuels in the district heating system. Economic evaluation is based on regression analysis from data of existing plants and on the locally dependent data. Some of parameters that are dependent of local parameters are price and available fuel quantity, therefore these values are separately modelled; biomass as a function of location of the plant while municipal waste as a function of location and the time changes in waste quantity and composition which depend of socio-economic trends and legislation. This methodology is applied on the case of district heating plants in the City of Zagreb where internal rates of return are calculated for four considered scenarios. Results indicate that waste powered plant can improve its profitability by co-combusting other local wastes while economic viability is achieved by introduction of region wide waste management system. Reducing plant capacity, based on prognosis of waste generation, showed that these plants can be competitive with biomass plants.

  8. 28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

    African Journals Online (AJOL)

    Fr. Ikenga

    a result of hard negotiations, it was agreed that the Rome Statute prohibits the criminal responsibility of persons for ... a given court has the power to determine a jurisdictional question is itself a jurisdictional question. ... Legally defined, jurisdiction is the power of a court to adjudicate cases and issue orders. Traditionally, an ...

  9. DECISIONS OF ROMANIAN LAW COURTS IN CASES CONCERNING THE INTERPRETATION OF ARTICLE 3 (D OF REGULATION (EC NO 469/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 6 MAY 2009, CONCERNING THE SUPPLEMENTARY PROTECTION CERTIFICATE FOR MEDICINAL PRODUCTS

    Directory of Open Access Journals (Sweden)

    BUCURA IONESCU

    2012-05-01

    Full Text Available The supplementary protection certificate is currently considered to represent an accessory of a national or European patent granted in order to extend the duration of the rights that said patent confers on its owner in respect of an active substance or a combination of active substances. Based on the above-mentioned patent and on the certificate, the owner shall have the exclusive right of manufacturing and commercializing the patented product, as well as the right to oppose to any form of counterfeiting of the patented product. The grant of this protection title for medicaments is regulated on the territory of the European Union by the Regulation (EC No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version. The conditions for obtaining the certificate are stipulated under Art. 3. The paper is intended to present the decisions made by the Romanian courts in the cases concerning the controversial interpretation of Art. 3 letter d of the Regulation, which provides that the valid authorization to place the medicament on the market in accordance with Directive 2001/83/EC or Directive 2001/82/EC, as the case may be, should be the first authorization to place the product on the market as a medicament. At the same time, the paper presents the differences in the approach and the judgment of such cases by OSIM (State Office for Inventions and Trademarks and by the national courts. The paper aims at analyzing said decisions as compared to the European practice, with a view to identifying solutions for a uniform interpretation of Community legislation at the level of the Romanian courts.

  10. Status of legislation

    International Nuclear Information System (INIS)

    Gilman, P.

    1982-01-01

    The Senate passed 69 to 6 legislation to provide a comprehensive nuclear waste policy. This legislation restates some things the Department of Energy is already doing. It modifies some others, and in some cases it provides new authorities, principally in those areas of state participation and in the area of financing of the program. Some of the provisions of the Senate bill are: schedule for a number of items in the disposal of nuclear waste, the first being an area referred to as away-from reactor storage; a timetable for geologic disposal; a plan for the long-term storage of nuclear waste for spent fuels; a financing mechanism; and states participation

  11. The Right of Access to Court

    Directory of Open Access Journals (Sweden)

    Sokol Mëngjesi

    2015-03-01

    Full Text Available Every person has the right to address the court in order to protect his legal rights, freedom and interests. Access to justice is an important aspect of due process, the absence of which makes inexistent the discussion for respecting the principle of due legal process. Access to the court is a right guaranteed by the Constitution, international acts and is specifically interpreted by the European Court of Human Rights.The right to address the court is not an absolute right. This right can be restricted in cases when there is a due legal aim and the restriction is proportional between the used tools and the aim required to be achieved. Unlike other rights, the right to justice has a particular nature, requiring the relevant rules (deadlines, different procedures, court fees, etc., which are set by the state. However in any case these rules shouldn’t affect the essence of the law itself. In practice there have often been problems, likewise the set of high court fees, the existence of immunity for some functionaries, several criteria (likewise age, ability to act, which have violated the right to address the court. It is not enough that the right to address the court recognized, but it needs to be also effective. In this paper will analyze the right to address the court, as part of due process, cases when this right can be restricted, which is the practice followed by the domestic courts intertwining with the attitude that keeps the European Court of Human Rights.

  12. The Right to Water in the Case-Law of the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Jimena Murillo Chávarro

    2014-04-01

    Full Text Available The human right to water is nowadays more broadly recognised, mainly due to the essential societal function that this resource plays; likewise, because of the present water scarcity is generating conflicts between its different uses. Thus, this right aims at protecting human beings by guaranteeing access to clean water that is essential to satisfy vital human needs. Similarly, access to clean water is an important element to guarantee other rights including the right to life and health. The recognition of the right to water is mainly achieved in two ways: as a new and independent right and as a subordinate or derivative right. Concerning the latter, the right to water can emanate from civil and political rights, such as the right to life; or can be derived from economic, social and cultural rights, including the right to health, the right to an adequate standard of living, and the right to housing. This contribution explores the position of the Inter-American Court of Human Rights regarding the right to water, and analyses whether the Court has recognised the right to water and, if so, in which manner.

  13. From exclusion to acceptance: a case history of homosexuality in the U.S. Court of Military Appeals.

    Science.gov (United States)

    Wilson-Buford, Kellie

    2013-01-01

    Policing the legality and normalcy of service members' sexual lives was a contentious process for military courts throughout the 1950s, 1960s, and early 1970s that resulted in the inconsistent enforcement of the homosexual exclusion policy. Military personnel of all ranks and occupations harbored a variety of attitudes and beliefs about homosexuality that challenged the legitimacy and uniformity of the military's legal assault on sexual deviance. Over half of the active duty personnel originally accused of homosexual tendencies received either sentence reductions or sentence reversals as a result of this highly contested process by which official military policy was translated into practice via courts-martial. Paradoxically, the very policies that discriminated against alleged homosexual service members generated legal avenues through which gays and lesbians exercised their rights to due process, and, ultimately, their rights as American citizens embodied in the repeal of the Don't Ask, Don't Tell policy. Rather than being an ideologically homophobic monolith, the Cold War American military rocked with contestation over an exclusion policy that attempted--unsuccessfully--to eliminate all gay and lesbian service members.

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

    International Nuclear Information System (INIS)

    Berkemann, J.

    1985-01-01

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

  15. National Courts and EU Law

    DEFF Research Database (Denmark)

    rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU......This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine...... approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental...

  16. Exploring the Effects of Court Dispositions on Future Domestic Violence Offending: An Analysis of Two Specialized Domestic Violence Courts.

    Science.gov (United States)

    Pinchevsky, Gillian M

    2015-05-27

    This study seeks to explore the relationship between court dispositions and reoffending within and across two specialized domestic violence (DV) courts located in the United States. The samples for this study are comprised of defendants whose cases were disposed of within the two courts between 2004 and 2006. This study assessed the effects of prosecution, conviction, and sentencing decisions on the prevalence, incidence, and time-to-rearrest for a new DV offense in the 3 years post-disposition both within and across courts. Findings indicate a limited crime-control effect of court dispositions on future offending. Furthermore, despite differences in the community context, policies, and court dispositions across the two courts, the magnitude of the disposition-recidivism relationship is similar across courts. It is important to understand the findings within the context of the specific courts; a discussion of the results is provided. © The Author(s) 2015.

  17. Legislative update.

    Science.gov (United States)

    1999-07-23

    Recent State legislation on HIV-related issues is summarized. Connecticut enacted a bill imposing penalties when public servants and health care workers are deliberately exposed to body fluids. Louisiana passed a bill mandating HIV testing for each incoming State prison inmate. New York has several bills under consideration related to guardianship, confidentiality of crime victims who are potentially exposed to HIV, and disability benefits for firefighters and police officers who contract HIV, tuberculosis, or hepatitis in the line of duty. North Carolina has a new law aimed at serving additional clients in the State=s AIDS drug assistance program. Oregon is working on a bill authorizing HIV testing for all defendants who may have transmitted body fluids to a crime victim.

  18. Case Study: A Separation of Powers Lesson.

    Science.gov (United States)

    Jenkins, Steve

    1986-01-01

    Presents a case study involving students in the issue of separation of powers as applied to the 1952 Immigration and Nationality Act. Students examine the case of Jagdish Rai Chadha, an immigrant threatened with deportation whose problems resulted in 1983 U.S. Supreme Court decision declaring legislative veto provision of Immigration and…

  19. A PLEADING IN FAVOUR OF THE CONSTITUTIONAL COURT

    Directory of Open Access Journals (Sweden)

    Valentina BĂRBĂŢEANU

    2016-05-01

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

  20. Do justice to court interpreters in South Africa | Lebese ...

    African Journals Online (AJOL)

    Many countries have developed statutory provisions governing norms and standards of practice (NSPs) for court interpreters. However, in South Africa, in the case of State versus Naidoo (1962:631), Judge Williamson states that “in relation to the courts of this country, there appears to be no statutory provision, Rule of Court ...

  1. The South African constitutional court's use of foreign precedent in ...

    African Journals Online (AJOL)

    ... Court or whether it is a characteristic of a court which is confident enough that its independence will remain intact in spite of its looking elsewhere for answers. KEYWORDS: transjudicialism; foreign precedent, comparative judicialism, stare decisis; foreign case law; comparative constitutionalism; Constitutional Court.

  2. Legal Bibliography for Juvenile and Family Courts. Supplement 2.

    Science.gov (United States)

    Sheridan, William H.; Freer, Alice B.

    This bibliography provides a listing of journal articles on such topics as: the abused child, adoptions, case decisions, confessions, constitutional law, counsel, court administration and organization, courts, criminal law and procedure, custody, delinquency, domestic relations, due process for juveniles, evidence, family court and family law,…

  3. EUROPEAN COURT OF HUMAN RIGHTS AS THE GUARANTOR OF LEGAL PROTECTION OF A HUMAN IN THE FIELD OF AVIATION ACTIVITIES OF UKRAINE

    Directory of Open Access Journals (Sweden)

    Yuriy Pyvovar

    2017-11-01

    Full Text Available Purpose: The effectiveness of human rights protection in the Council of Europe largely depends on activities of the European Court, which demonstrates high standards of justice, particularly in matters of human rights protection in the field of aviation activities. The article offers a critical assessment of Ukrainian national legislation in terms of its internal legal consistency and compliance with international legal acts. Methods: The methods of legal analysis are used to study court decisions in the aviation field; methods of comparative legal analysis, forecasting and dialectical - in the study of problems in the further improvement of Ukrainian legislation. Also in article applied the theory of legal comparative, approaches to applying the analogy of legal and law in process of making decisions on similar court cases. Results: The article deals with the analysis of the European Court of Human Rights jurisdiction on cases of protection of human rights in the field of aviation activities. Two groups of cases in which Ukraine is a defendant are identified: a cases of international concern (in particular the Malaysia Airlines’ Boeing 777-200ER crash; b cases of national character (citizens of Ukraine against the State of Ukraine. The author's position on deciding the cases in the field of aviation activities is based on the principles of respect for the European Convention on Human Rights, 1950. Discussion: The conclusion about the necessity of amending some national laws, taking into account the legal positions of the European Court (in particular, regarding the right of airlines workers to strike is made, and the fact that the issues of States and airlines activities to respect human and civil rights in the field of aviation activities are covered by jurisdiction of the European Court of Human Rights and occupy an important place in its practice is indicated.

  4. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

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

  5. The Proportionality Test in the Case Law of Inter-American Court of Human Rights: an Integrated Model Between Control and Deference

    Directory of Open Access Journals (Sweden)

    Felipe Paredes

    2016-12-01

    Full Text Available The research analyzes the development of a systematic understanding about how the Inter-American Court of Human Rights (IACHR has understood the proportionality test (PT. In Comparative Law, there is different versions of PT, and for this reason is important determine what model the IACHR has in mind to control the violation of the American Convention on Human Rights. The hypothesis is that the IACHR, in most cases, is nothing deferential with the States Parties. However, it is impossible that the system works without with a degree of discretion in the interpretation and application of the Convention. This means that, although traditionally the IACHR has expressly stated otherwise, it is necessary to incorporate deference as a criterion of interpretation for the application of the conventionality examination. For this reason, the TP should be applied with a variable criterion in some areas.

  6. AXIOLOGY ARBITRATION VALUE RULING IN THE CASE SETTLEMENT TRADE (Case Study Decision Of Supreme Court Number : 199 K / Pdt.Sus / 2012

    Directory of Open Access Journals (Sweden)

    Safrin Salam

    2016-12-01

    Full Text Available The existence of the Indonesian National Arbitration Board (BANI in Indonesia that still exist to this day is one manifestation of diakomodasinya patterns of dispute resolution outside the court. Legal Considerations Application Reasons Cancellation Arbitral Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in Supreme Court Decision No. 199 K / Pdt.Sus / 2012 Relation Ensure Legal Certainty In the disputing parties are legal considerations of the cancellation decision was not all acceptance or rejection of the cancellation request arbitration decision based on legal grounds contained in Article 70 of Law No. 30 of 1999. Act No. 30 of 1999 on the ADR needs to be improved, especially the explanation of article 60 and article 70 which could lead to legal uncertainty for justice seekers among businesses in the dispute and the opportunity loss of trust businesses to resolve the dispute out of court through arbitration institution (the Arbitration Tribunal Ad-Hoc, BANI, etc.

  7. Decision-making in the Unified Patent Court: Ensuring a balanced approach

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

    2016-01-01

    The Unified Patent Court (UPC) will become a central player in the future development of European patent law. For this reason it becomes important to ensure that UPC‘s decision-making reflects the double-function of the Court as an adjudicator of individual disputes and a policy maker. Because...... of its institutional design, the UPC will be biased towards technology based values. Therefore, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making which is likely to jeopardize public trust and legitimacy of its decisions. This paper...... analyses how these blind spots can be covered in patent litigation before the UPC within the current legislative framework. The paper focuses on the role of UPC judges as case-managers and decision-makers, on the potential role of third party interveners, and addresses the key role of the parties...

  8. Managing scientific complexity in public policy: the case of U.S. climate change legislation in the 111th Congress

    Science.gov (United States)

    Mueller, J. A.; Runci, P. J.

    2009-12-01

    The recent passage of the American Climate and Energy Security Act by the U.S. House of Representatives in June of this year was a landmark in U.S. efforts to move climate change legislation through Congress. Although an historic achievement, the bill (and surrounding debate) highlights many concerns about the processes by which lawmakers and the public inform themselves about scientifically relevant problems and, subsequently, by which policy responses are crafted in a context of complexity, uncertainty, and competition for resources and attention. In light of the ever-increasing specialization of expertise in the sciences and other technical fields, and the inherent complexity of scientifically relevant problems such as climate change, society faces significant hurdles in its efforts to integrate knowledge and develop sufficient understanding of these problems to which it must respond with legislation or other effective collective or individual action. The emergence of a new class of experts who act as science-policy brokers may not be sufficient to cross these hurdles. Herein, we explore how society and the scientific community in particular can work toward closing the ever-growing gap between technical knowledge and society’s ability to comprehend and use it. Both authors are currently legislative fellows working on energy and climate change issues in the U.S. Senate.

  9. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

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

  10. International Courts and Tribunals

    NARCIS (Netherlands)

    Amaya Castro, J.M.; Cali, B.

    2010-01-01

    This chapter introduces a type of institution that is very important in the field of international law: international courts. The last few decades have seen an enormous rise in the number and importance of such courts, not just for states but for all (international) actors. Increasingly, what

  11. Genetics in the courts

    Energy Technology Data Exchange (ETDEWEB)

    Coyle, Heather; Drell, Dan

    2000-12-01

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

  12. APPLICATION OF THE WTO AGREEMENTS IN NATIONAL COURTS: COMPARATIVE ASPECTS OF WORLDWIDE AND LITHUANIAN JUDICIAL PRACTICES

    Directory of Open Access Journals (Sweden)

    Saulius Katuoka

    2018-01-01

    Full Text Available This article analyses the main World Trade Organization (WTO agreements: the 1994 GATT agreement and the agreements on the determination of the customs value and customs origin of goods. It also describes the problems involved in granting the direct effect of this external legislation in the Republic of Lithuania from the time of its accession to the WTO in 2001 and entry into the European Union (EU in 2004. The article seeks to answer the question of whether the external WTO legislation should be recognised as legal acts in the national legal system, with the capability for direct application in judicial proceedings. The article also considers whether individual persons can invoke the WTO agreements at a national level (in national courts to protect their legitimate rights and interests in international trade operations. In addition, it includes an analysis of practices followed by judicial authorities in the EU and countries in other regions, including the individual EU member states. The analysis leads to the conclusion that, unlike the case law of the Court of Justice of the European Union, the practices and experience of the Republic of Lithuania are essentially based on the provision that these sources of law could be directly applied at a national level in judicial cases related to the taxation of international trade operations. Analysis of the relevant issues is based on both theoretical (analysis and synthesis, systematic analysis and empirical methods (the statistical analysis of data, the evaluation and textual analysis of documents – in particular, decisions of national courts and the Court of Justice of the European Union (CJEU.

  13. Legislative, executive branch, regulatory and judicial developments in the USA affecting trade in uranium

    International Nuclear Information System (INIS)

    Glasgow, J.A.

    1989-01-01

    International commerce in uranium continues to be dominated by a complex network of trade barriers and nuclear non-proliferation controls. Nowhere are these barriers and controls more complex than in the United States, or more subject to frequent change. Many in the uranium and utility industries had hoped that the major uranium trade related uncertainties in the United States would be resolved during the summer of 1988. As of mid July 1988, this hope had faded as a much-heralded legislative compromise crumbled and the US Supreme Court's long awaited decision in the Western Nuclear case resolved some issues but opened new avenues of judicial inquiry. This paper distills the main unresolved trade issues and assesses the major ways in which they could be resolved. Pending legislation is reviewed at the outset, followed by a discussion of implications of the USA-Canada Free Trade Agreement and its implementing legislation. The uncertainties remaining after the Supreme Court's decision in the Western Nuclear case are next evaluated. Finally, this paper surveys pending proposals for US governmental controls over some types of national origin and obligation transfers, sometimes referred to as 'flag swaps'. (author)

  14. Medicine, eugenics, and the Supreme Court: from coercive sterilization to reproductive freedom.

    Science.gov (United States)

    Lombardo, P A

    1996-01-01

    This article shows how the current language of reproductive rights, including the determination of US constitutional protections, can be traced to three cases heard by the US Supreme Court that challenged eugenic state legislation written between 1924 and 1935. The introduction defines "eugenics" as the notion that the human race can be improved and social ills gradually eliminated by selective procreation and notes that eugenicists were extremely effective in using the law as their ally and effected the adoption of nearly 100 eugenic statutes by the states between 1900 and 1970. Part 2 examines the classification of social deviance as a social ill that could be overcome by the application of eugenic principles bolstered by scientific explanations about defective "germ-plasm." The third part of the article illustrates the legal impact of US eugenicists in 1924 when the Federal Immigration Restriction Act was adopted with national origin quotas that remained in place until 1965. This year also saw adoption of two eugenic laws enacted in Virginia that would be later challenged in the Supreme Court. Part 4 details one of these cases, Buck vs. Bell, that challenged Virginia's Eugenical Sterilization Act. In upholding the Virginia statute, the Supreme Court allowed the forced sterilization of a young woman in the first and only instance in which the Court allowed a physician to act as an agent of state government in the performance of an undesired and unnecessary operation. Part 5 describes how the Supreme Court overturned Oklahoma's law mandating the sterilization of "hereditary criminals" in Skinner vs. Oklahoma. The 1967 ruling in Loving vs. Virginia overturning Virginia's Racial Integrity Act preventing interracial marriage is presented in part 6. The article ends by tracing the impact of these cases on the constitutionalization of reproductive rights in the US.

  15. Compulsory Licensing of Journalists: Protection or Restraint? A Discussion on the Inter-American Court of Human Rights' Advisory Opinion on the Costa Rica Case.

    Science.gov (United States)

    Miranda, Patricia

    In 1985 the Inter-American Court of Human Rights ruled that a Costa Rican statute requiring journalists to be licensed violates the American Convention on Human Rights and, by extension, all human rights conventions. Though press freedom advocates hailed it as a major triumph for freedom of expression, the court's ruling was only advisory and has…

  16. Supreme Court's New Term. Supreme Court Roundup.

    Science.gov (United States)

    Williams, Charles F.

    2002-01-01

    Discusses the issues addressed in the 2002 U.S. Supreme Court term, such as the First, Fourth, Eighth, and Fourteenth Amendments, cruel and unusual punishment, sex offender registries, fair housing, cross burning, jury selection, affirmative action, abortion protests, and copyrights and the public domain. (CMK)

  17. Courts, legislators and human embryo research: lessons from Ireland.

    Science.gov (United States)

    Binchy, William

    2011-01-01

    When it comes to the matter of human embryo research law plays a crucial role in its development by helping to set the boundaries of what may be done, the sanctions for acting outside those boundaries and the rights and responsibilities of key parties. Nevertheless, the philosophical challenges raised by human embryo research, even with the best will of all concerned, may prove too great for satisfactory resolution through the legal process. Taking as its focus the position of Ireland, this paper explores the distinctive constitutional approach taken on this issue and addresses the difficulty of translating sound philosophy into judicial decrees and the difficulty of establishing expert commissions to make law reform proposals on matters of profound normative controversy. It concludes that the Irish experience does have useful lessons for those in other countries who are concerned with the legal approach to research on human embryos and points to the desirability of a diversity of normative positions in order to enrich the quality of the analysis so as to encourage more informed debate in society.

  18. The Drone Court And Due Process

    Science.gov (United States)

    2016-12-01

    OSC Operational Security Court POA policy options analysis POW prisoner of war TSP Terrorist Surveillance Program xii THIS PAGE...beyond a reasonable doubt before they are subjected to punishment . In drone cases, however, no review is conducted in court before it is determined... prisoners are enemies who fall squarely within the terms of the President’s proclamation.49 The Supreme Court’s decision points out that military

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

    Directory of Open Access Journals (Sweden)

    Mr.Sc. Sabri Halili

    2013-06-01

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

  20. The legislative work in an authoritarian regime: the case of the São Paulo administrative department

    Directory of Open Access Journals (Sweden)

    Adriano Codato

    2014-04-01

    Full Text Available This article describes the legislative process of the Administrative Department of the state of São Paulo (DAESP during the Estado Novo dictatorship and seeks to answer three questions: i what were its real attributions? ii what was its place among the state-level government agencies? iii what was its role in the dictatorial regime's public decision-making structure? Ordering and interpreting information on the DAESP's deliberative process will allow us to establish whether or not it exercised power (understood as the capacity by those who controlled it to impose their preferences, what was the magnitude of this power, what type of power was exercised, over what and whom. The frequency of its meetings, the coordination of the agendas of the dictatorial State's apparatuses involved in the decision chain, the activism of each councillor of DAESP and a sample of the legal opinions produced by it between 1939-1947 were all analysed. The findings can be summarised into three propositions: i DAESP was not a decision-making arena per se as it did not make important decisions, but instead produced a huge amount of decisions regarding the formal aspects of the decree-laws issued by the Interventoria Federal (appointed governors; ii therefore, the president of the DAESP did not have greater political or bureaucratic power than the interventor, and iii although the Department mimicked some legislative routines, it cannot be considered a substitute of the state legislature.

  1. Impact of a partial smoke-free legislation on myocardial infarction incidence, mortality and case-fatality in a population-based registry: the REGICOR Study.

    Directory of Open Access Journals (Sweden)

    Fernando Agüero

    Full Text Available Coronary heart disease (CHD is the leading cause of death, and smoking its strongest modifiable risk factor. Our aim was to determine the impact of the Spanish 2006 partial smoke-free legislation on acute myocardial infarction (AMI incidence, hospitalization and mortality rates, and 28-day case-fatality in Girona, Spain.Using a population-based registry (the REGICOR Study, we compared population incidence, hospitalization, and mortality rates, and 28-day case-fatality in the pre- and post-ban periods (2002-2005 and 2006-2008, respectively by binomial regression analysis adjusted for confounding factors. We also analyzed the ban's impact on the outcomes of interest using the AMI definitions of the American Heart Association (AHA/European Society of Cardiology (ESC and the World Health Organization (WHO-Monitoring trends and determinants in cardiovascular diseases (MONICA.In the post-ban period, AMI incidence and mortality rates significantly decreased (relative risk [RR] = 0.89; 95% confidence interval [CI] = 0.81-0.97 and RR = 0.82; 95% CI = 0.71-0.94, respectively. Incidence and mortality rates decreased in both sexes, especially in women, and in people aged 65-74 years. Former and non-smokers (passive smokers showed diminished incidence rates. Implementation of the ban was not associated with AMI case-fatality. Models tended to be more significant with the WHO-MONICA than with the AHA/ESC definition.The 2006 Spanish partial smoke-free legislation was associated with a decrease in population AMI incidence and mortality, particularly in women, in people aged 65-74 years, and in passive smokers. These results clarify the association between AMI mortality and the enactment of a partial smoke-free legislation and reinforce the effectiveness of smoking regulations in preventing CHD.

  2. Institutional Constraints, Legislative Activism, and Policy Change

    DEFF Research Database (Denmark)

    Citi, Manuele; Justesen, Mogens Kamp

    of regulatory reform in the EU. The rise in the number of legislative proposal, in turn, is affected by the extent of gridlock between the EU’s legislative bodies. These findings show that the Commission steps up its legislative activity when the institutional opportunity space allows for greater policy change.......This paper studies how institutional constraints affect legislative activism, and how legislative activism affects policy change, analyzing the case of the European Union’s legislative process. Our argument revolves around the key role of the Commission in advancing policy change, and emphasizes...... that the Commission can successfully push for increased policy change by increasing its legislative activity when the institutional opportunity space widens. Using a novel panel dataset covering eight policy sectors from 1984--‐2012, we find that the number of legislative proposals significantly affects the extent...

  3. Explaining African Participation in International Courts

    DEFF Research Database (Denmark)

    Gissel, Line Engbo; Brett, Peter

    2018-01-01

    Africa has more international courts than any other continent, yet International Relations scholarship has failed to explain this move to law on the African continent. This article provides such an explanation using Jean-François Bayart’s concept of extraversion. It shows how the creation...... of international courts in the 1990s and early 2000s was the result of extraverted strategies for attracting international resources and pre-empting donor pressures for political and legal reforms. By adopting these strategies, African states failed to behave in the ‘strategic’ manner anticipated by both...... Tribunal and International Criminal Court. Using the case studies of Zimbabwe and Kenya, it shows how global scripts were repeated by even those states which have, in recent years, most vocally asserted their national interests against these courts....

  4. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    of Human Rights immediately followed with an opposing view in the Araguaia case, declaring that the amnesty law lacks effect under the American Convention on Human Rights. Brazilian society now faces an unprecedented challenge: can it expect its domestic courts to implement such international obligations......? Drawing upon the prospects that a renewed STF may revisit the case in response to the mounting pressures of Araguaia, this article examines the complex legal issues that remain around the enforceability of international justice under Brazil’s constitutional framework. The analysis suggests that different...

  5. Past and Future for Management of Courts

    Directory of Open Access Journals (Sweden)

    Bert Maan

    2009-08-01

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

  6. The A, B and C v. Ireland ruling and the issue of abortion: a “new departure” in the European Court of Human Rights case-law in matters of consensus and domestic margin of appreciation?

    Directory of Open Access Journals (Sweden)

    Francisco Javier Mena Parras

    2012-07-01

    Full Text Available This article analyzes the case of A, B and C v. Ireland in which the plaintiffs claimed that the Irish laws on abortion are incompatible with the European Convention on  Human Rights. The article deals specifically with the parts of the ruling handed down by the European Court of Human Rights that cover the role of European consensus in the establishment of the margin of appreciation that is given to states in the  restriction of rights recognized by the Convention. The article argues that this ruling is a “new departure” in the case-law of the Strasbourg Court and points out some of the negative consequences that this entails, from a perspective that is critical of the Court’s reasoning.

  7. The Control of the Legality of Administrative Activity through the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Goga Gina Livioara

    2010-06-01

    Full Text Available According to the law of the European Union, in case one of the institutions of the Union or an organ, office or agency belonging to the Union refrains from making a decision, the member states and theother institutions of the Union are entitled to make a notification to the Court of Justice of the European Union. The Court has the competence to verify the legality of the legislative acts of the institutions, offices, organs or agencies of the Union that are meant to produce judicial effects towards third parties and iscompetent to pronounce itself, by preliminary decision regarding the interpretation of the treaties, namely the validity and interpretation of acts adopted by the institutions, offices, organs or agencies of the Union. Also, according to the primary treaties, any legal issues related to the non- fulfillment of the treaty’s provisions, non compliance with the community legislation, not executing the decisions of the Court of Justice or non compliance with the terms of an agreement between the EU and a third state, as well as the legal aspects related to the application of penalties based on the regulations of the EU, contractual and extra contractualliability are subordinated to the control of the Unions’ judicial instance.

  8. [Consequences of the judgment of the Federal Constitutional Court on the fighting dog problem].

    Science.gov (United States)

    Hülsenbusch, M

    2005-03-01

    The Federal Constitutional Court decided with its "Dangerous dog-judgment" about the constitutional complaint of 53 dog breeders on the federal act combating dangerous dogs. This judgment was a so-called Pyrrhic Victory for the appellants. The Court declared the legislative competence of the federal level in this issue for null and void. But the statutory prohibition for breeding Pitbull-Terrier-, American Staffordshire-Terrier-, Staffordshire-Bullterrier-, Bullterrier-races and cross breeding out of this dogs will be governed in police laws by the Laender finally. The Standing Conference of the Ministers for Internal Affairs declared an appropriate recommendation. The use of the category "race" was refused by experts in discussions as completely wrong and not acceptable. But the Federal Constitutional Court reasons that the legislator can use the category "race" within his scope of evaluation and prognostication in accordance with the Constitution for the ban of import of dangerous dogs. The Court demands--because of the weak data background - that the legislator monitors the legislation, to adjust it according to current developments. The Constitutional Court creates with the judgment "dangerous dogs" legal certainty. The jurisprudence of the administrative courts of the Laender and of the Federal Administrative Court based on the category "race" was approved as well as the police laws of the Laender dealing with dangerous dogs.

  9. Quality of legislation following a transition from really existing socialism to capitalism: a case study of general clauses in Polish private law

    NARCIS (Netherlands)

    Mańko, R.; Rozenfelds, J.

    2012-01-01

    Quality of legislation is understood as its fitness for a given purpose. In general, legislative acts as texts of legal culture can be said to fulfill two main functions: regulatory (instrumental) and ideological (symbolic). Quality of legislation becomes a particular challenge during a period of

  10. A LEGISLATIVE CASE STUDY OF THE EVOLUTION OF POLYVICTIMIZATION RESEARCH AND POLICY IMPLEMENTATION: MENTAL HEALTH PROFESSIONALS' DUTY TO ENGAGE IN PUBLIC POLICY ADVOCACY.

    Science.gov (United States)

    Culyba, Alison Journey; Patton, William Wesley

    2016-01-01

    One reason that scientific research takes so long to reach patients is that medical researchers and practitioners often lack training in public policy implementation theory and strategy. General medical and specific psychiatric ethical precepts in the United States and in international ethics codes invest public policy duties in psychiatric researchers and individual clinicians. This essay discusses those medical ethical rules and suggests means for training psychiatrists to meet their public health policy duties in legal fora. The discussion presents a case study of the evolution of polyvictimization research, its initial lack of implementation in clinical practice and public policy debates, and a detailed demonstration of the incorporation of polyvictimization research in informing legislative action. Through systematic efforts to expand training and involvement of psychiatrists, we can expedite the implementation of psychiatric research by marshalling individual psychiatrists to affect decisions in legislative, executive, and judicial proceedings. These individual efforts can occur synergistically with ongoing psychiatric and psychological organizations' efforts to better effect timely incorporation of evidence-based policies to improve mental health at the local, state, national, and international levels.

  11. International organizations before national courts

    CERN Document Server

    Reinisch, August

    2000-01-01

    This book presents a radical, empirical investigation of how national courts "react" to disputes involving international organizations, analyzing in particular whether such organizations should be immune to national jurisdictions. Under the headings "domestic legal personality" and "immunity" of international organizations, some of the issues covered have already been treated in international legal scholarship, mostly in the form of short articles or case notes. This study, however, provides a thorough comparative analysis and the largest compilation of relevant decisions on the subject, making it indispensable for practitioners as well as academics in the field.

  12. 2011 SREB Legislative Briefing

    Science.gov (United States)

    Gaines, Gale F., Comp.

    2011-01-01

    The "2011 Legislative Briefing" is a topical summary of state budget and legislative actions that affect elementary, secondary and higher education across the Southern Regional Education Board (SREB) region. It outlines actions in areas such as tax and spending legislation, assistance to local districts, tuition and fees, student…

  13. "Unnecessary suffering": the cornerstone of animal protection legislation considered.

    Science.gov (United States)

    Radford, M

    1999-09-01

    Causing "unnecessary suffering" has been widely adopted in legislation to define criminal liability in respect of the treatment of animals. This article examines the way in which the term has been interpreted and applied by the courts, and considers its effectiveness in affording animals protection from abuse.

  14. Court-authorised deprivation of liberty.

    Science.gov (United States)

    Griffith, Richard

    2015-01-01

    The United Kingdom Supreme Court judgment in Cheshire West and Chester Council v P in 2014 introduced a more inclusive 'acid test' for determining the objective element of a deprivation of liberty in cases concerning people who lack decision-making capacity. The case made clear that adults and young people who lack capacity could be deprived of their liberty in care settings other than hospitals and care homes, including the person's own home. A deprivation of liberty that occurs in a setting other than a hospital or care home must be authorised by a Court. This article explains the revised process for applying for Court authorisation of a deprivation of liberty where it occurs in supported living, Shared Lives placements or the incapable person's own home.

  15. Means of determining the condition of insanity in administrative proceedings based on the court practice

    Directory of Open Access Journals (Sweden)

    Tatyana Mikhailovna Sekretareva

    2015-06-01

    Full Text Available Objective in the absence in the Russian administrative legislation of the provisions on the procedure and the ways to detect the condition of insanity of a physical person who has committed an administrative wrongful act there is a variety of lawenforcement acts for the resolution of these issues. In order to further systematize the enforcement acts for the resolution of these issues we consider it necessary to assess the practical application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by the courts in different Russian regions. Methods the methodological basis of research is the general scientific dialectic method of cognition the author used methods such as analysis synthesis description explanation. Results the author has conducted an analysis of practice of application of the provisions of Article 2.8 quotInsanityquot of the Administrative Code by courts of the Russian Federation. On the basis of this analysis it is found that courts use different methods of establishing the state of insanity of the person who committed the violation of the legislation on administrative offences. This is due to the fact that the courts base on a variety of actual data when establishing the state of insanity in the resolution of specific cases. These actual data were combined into 4 groups. Each method for establishing the state of insanity was evaluated which allowed to conclude about the need to organize the actions of individuals considering the cases on administrative offences aimed at defining the state of insanity of the offender and to offer one of the possible options for resolving the identified problems. Scientific novelty for the first time the analysis of practice of application of Article 2.8 quotInsanityquot of the Administrative Code was made and the author39s assessment of its provisions is given. Practical value the results of the study can be used for the generalization of judicial practice at the level of

  16. Issues of biomedically assisted fertilization before the European Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2011-01-01

    Full Text Available The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life.

  17. Beyond the Traditional Courts Bill: Regulating customary courts in ...

    African Journals Online (AJOL)

    Beyond the Traditional Courts Bill: Regulating customary courts in line with living customary law and the Constitution. ... Customary courts are not professional institutions but community-based discussion forums, thus participation in them is inclusive of the broad community membership, and their accountability is partly ...

  18. e-ready legislation

    DEFF Research Database (Denmark)

    Hvingel, Line; Baaner, Lasse

    In general, digital society challenges traditional modes of legislation and rulings. Dissimilar compositions of the legislation and non-comparable spatial representations of the legal content makes traditional legislation unfit for e-Government. Lacking attention may lead to the undermining...... of the trustworthiness of administration systems. On the other hand, a successful adaption of legislation to a digital setup could help promote good service towards citizens and businesses, and according to land administration theories maybe even promote societal sustainability in large. Based on studies on Denmark......, different challenges within digital land administration solutions are demonstrated. This paper discusses how legislation needs to change in order to be ‘e-Ready’....

  19. A 1992 update on legislation and regulations affecting power generation

    International Nuclear Information System (INIS)

    Schorr, M.M.

    1992-01-01

    This paper discusses the major energy and related environmental legislation and regulations affecting power generation and recent developments in these areas, including: The growth of non-utility electricity generation under the Public Utility Regulatory Policies Act (PURPA); The Clean Air Act and the Amendments of 1990 (CAAA); Proposed legislation to implement the National Energy Strategy (NES); The EPA WEPCO decision, the Court of Appeals ruling on the EPA decision and attempts at a 'WEPCO Fix' in both legislation (NES) and new EPA regulations. 16 refs

  20. Court of Public Opinion

    Science.gov (United States)

    Oguntoyinbo, Lekan

    2011-01-01

    It was late on Election Day 2010 and Vander Plaats, a Sioux City, Iowa, businessman and leader of a campaign to oust three Iowa Supreme Court justices, had just gotten word that he and his team had pulled it off. The voters had rejected the three justices up for a retention vote: David Baker, Michael Streit, and Chief Justice Marsha Ternus.…

  1. Covering the Court.

    Science.gov (United States)

    Cordes, Renee

    1989-01-01

    Assesses the media coverage of U.S. Supreme Court decisions by focusing on "Webster v. Reproductive Health Services." Expresses concern that deadline pressures force the media to respond to decisions too quickly, thus misrepresenting the legal impact of these decisions to the public. Considers ways of improving media coverage of the…

  2. Supreme Court Review

    Science.gov (United States)

    Williams, Charles F.

    2009-01-01

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

  3. Supreme Court Review

    Science.gov (United States)

    Williams, Charles F.; Hawke, Catherine

    2010-01-01

    Of the three branches of government, the Supreme Court usually receives the least national attention. Not so this year. In addition to another changing of the guard with the retirement of Justice Stevens and the nomination of Elena Kagan, the 2009-2010 term generated a great deal of controversy. And in a number of instances, the public's keen…

  4. MOOTNESS AND THE APPROACH TO COSTS AWARDS IN CONSTITUTIONAL LITIGATION: A REVIEW OF CHRISTIAN ROBERTS v MINISTER OF SOCIAL DEVELOPMENT CASE NO 32838/05 (2010 (TPD

    Directory of Open Access Journals (Sweden)

    Siyambonga Heleba

    2012-12-01

    Full Text Available After nearly three years of waiting, the North Gauteng High Court (then the Pretoria High Court finally handed down judgment in March 2010 in the case of Christian Roberts v Minister of Social Development. The case was a constitutional challenge to section 10 of the Social Assistance Act 13 of 2004 and the relevant Regulations, which set the age for accessing an old age grant at 60 for women and 65 for men. After the hearing the High Court had reserved judgment. Pending judgment the government had amended the legislation in dispute so that the pensionable age for the purposes of accessing a social grant would be equalised over time. Despite the change in legislation, the High Court found against the applicants and punished them with a costs order.

  5. Legal hermeneutics of the supreme court decision in Akintokun v ...

    African Journals Online (AJOL)

    The Court, presumably, in order to defend its latter position went against all known positive and sociological approach in the exercise of judicial powers. The judgment in Akintokun's case is capable of ... as it is not 21st century oriented. Keywords: Legal Practitioner, Discipline, Appeals, Supreme Court and Amendment ...

  6. 78 FR 51821 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2013-08-21

    ... inserting ``However, the Supreme Court has held that the ex post facto clause applies to sentencing.... Ct. 2072, 2078 (2013) (holding that 'there is an ex post facto violation when a defendant is... ex post facto clause, in which case the court shall apply the Guidelines Manual in effect on the date...

  7. On financial losses, prospectuses, liability, jurisdiction (clauses) and applicable law : European Court of Justice 28 January 2015, Case C-375/13 (Kolassa/Barclays Bank)

    NARCIS (Netherlands)

    Arons, T.M.C.

    The difficult question of where financial losses are directly sustained has been (partly) solved by the European Court of Justice on 28 January 2015. In Kolassa the ECJ ruled that an investor suffers direct financial losses as a result of corporate misinformation (i.e. misleading information

  8. The Polluter Pays Principle: Guidelines for Cost Recovery and Burden Sharing in the Case Law of the European Court of Justice

    NARCIS (Netherlands)

    Lindhout, P.E.; van den Broek, Berthy

    2014-01-01

    Over the years, the polluter pays principle has developed into a strong basis for EU policy making. Many European Directives refer to this principle, for instance as a basis for cost recovery or liability. The European Court of Justice has contributed significantly to the development of the polluter

  9. The Behaviour of the Average Consumer: A Little Less Normativity and a Little More Reality in the Court's Case Law? Reflections on Teekanne

    NARCIS (Netherlands)

    Schebesta, H.; Purnhagen, K.

    2016-01-01

    In Teekanne, the Court of Justice held that the labelling of foodstuffs may not give the
    impression that an ingredient is present in a product where it is in fact not present, and this is
    apparent solely from the list of ingredients on the packaging. The judgment marks a
    significant

  10. U.S. Supreme Court Trends.

    Science.gov (United States)

    Williams, Charles F.; Leiterman, Hannah

    1999-01-01

    Provides summaries of U.S. Supreme Court case decisions during its 1998-99 term on the following issues: (1) sexual harassment; (2) street gangs; (3) search and seizure; (4) welfare; (5) immigration; and (6) census. Previews the 1999-2000 term. Includes the article "Teaching Activities and Discussion Questions" by Hannah Leiterman. (CMK)

  11. Higher Education Discrimination and the Courts.

    Science.gov (United States)

    VanderWaerdt, Lois

    1981-01-01

    In past cases involving sex or racial discrimination in faculty employment, the courts have imposed less stringent standards on institutions of higher education than on employers in industry or the professions. Recent decisions indicate that stricter judicial requirements are now being extended to colleges and universities. (Author/RW)

  12. Analysis of a Juvenile Court Diversion Program.

    Science.gov (United States)

    Rose, Steven R.

    1997-01-01

    Addresses a gap in knowledge about the characteristics of adolescents served by court diversion programs by examining randomly selected cases. Presents a characterization of adolescents, their families of origin, employment, offenses, and processing in the diversion system. Findings center on the impact of alcohol, unemployment, and the…

  13. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

    Petersen, Clement Salung; Schovsbo, Jens Hemmingsen; Riis, Thomas

    2015-01-01

    The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law...

  14. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

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

  15. ["An Italian Court recognizes the occupational origin of a trigeminal neuroma in a mobile telephone user: a case-study of the complex relationships between science and laws"].

    Science.gov (United States)

    Lagorio, Susanna; Vecchia, P

    2011-01-01

    Scientific knowledge is essential for the resolution of disputes in law and administrative applications (such as toxic tort litigation and workers' compensation) and provides essential input for public policy decisions. There are no socially agreed-upon rules for the application of this knowledge except in the law. On a practical level, the legal system lacks the ability to assess the validity of scientific knowledge that can be used as evidence and therefore relies heavily on expert opinion. A key issue is how to ensure that professionals in any field provide judges with sound advice, based on relevant and reliable scientific evidence. The search for solutions to this problem seems particularly urgent in Italy, a country where a number of unprecedented verdicts of guilt have been pronounced in trials involving personal injuries from exposure to electromagnetic fields. An Italian Court has recently recognized the occupational origin of a trigeminal neuroma in a mobile telephone user, and ordered the Italian Workers' Compensation Authority (INAIL) to award the applicant compensation for a high degree (80%) of permanent disability. We describe and discuss the salient aspects of this sentence as a case-study in the framework of the use (and misuse) of scientific evidence in toxic-tort litigations. Based on the motivations of the verdict, it appears that the judge relied on seriously flawed expert testimonies. The "experts" who served in this particular trial were clearly inexperienced in forensic epidemiology in general, as well as in the topic at hand. Selective overviews of scientific evidence concerning cancer risks from mobile phone use were provided, along with misleading interpretations of findings from relevant epidemiologic studies (including the dismissal of the Interphone study results on the grounds of purported bias resulting from industry funding). The necessary requirements to proceed to causal inferences at individual level were not taken into account

  16. Overview of the gaps in the health care legislation in Georgia: short-, medium-, and long-term priorities.

    Science.gov (United States)

    Kiknadze, Nino; Beletsky, Leo

    2013-12-12

    After gaining independence following the dissolution of the Soviet Union, Georgia has aspired to become the region's leader in progressive legal reform. Particularly in the realm of health care regulation, Georgia has proceeded with extensive legislative reforms intended to modernize its health care system, and bring it in line with international standards. As part of a larger project to improve human rights in patient care, we conducted a study designed to identify gaps in the current Georgian health care legislation. Using a cross-site research framework based on the European Charter of Patients’ Rights, an interdisciplinary working group oversaw a comprehensive review of human rights legislation pertinent to health care settings using various sources, such as black letter law, expert opinions, court cases, research papers, reports, and complaints. The study identified a number of serious inconsistencies, gaps, and conflicts in the definition and coverage of terms used in the national legislative canon pertinent to human rights in patient care. These include inconsistent definitions of key terms "informed consent" and "medical malpractice" across the legislative landscape. Imprecise and overly broad drafting of legislation has left concepts like patient confidentiality and implied consent wide open to abuse. The field of health care provider rights was entirely missing from existing Georgian legislation. To our knowledge, this is the first study of its kind in Georgia. Gaps and inconsistencies uncovered were categorized based on a short-, medium-, and long-term action framework. Results were presented to key decision makers in Georgian ministerial and legislative institutions. Several of the major recommendations are currently being considered for inclusion into future legal reform. Copyright © 2013 Kiknadze and Beletsky. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http

  17. Digital Privacy Legislation Awareness

    OpenAIRE

    Henry Foulds; Magda Huisman; Gunther R. Drevin

    2013-01-01

    Privacy is regarded as a fundamental human right and it is clear that the study of digital privacy is an important field. Digital privacy is influenced by new and constantly evolving technologies and this continuous change makes it hard to create legislation to protect people's privacy from being exploited by misuse of these technologies. This study aims to benefit digital privacy legislation efforts by evaluating the awareness and perceived importance of digital privacy legislation among...

  18. [Science and law in courts].

    Science.gov (United States)

    Tallacchini, Mariachiara

    2014-01-01

    Science and law can be seen as the main creators of orders and rules in knowledge-based societies. These relations are particularly delicate in domains where scientific uncertainty and probabilistic causality are more frequently involved, such as environment and health. The decision of the Court of Florence (Tuscany Region, Northern Italy) (Second Criminal Division, 3217/2010, 17th May 2010) - here analysed - deals with the uncertain correlations between PM10 and health. The criminal law case involved some public officers in Tuscany, indicted for having failed to adopt the adequate measures to keep PM10 levels within the limits set by European Directive 2008/50/EC on air quality. In arguing that accusations were ill-founded, the Court, while invoking the validity of science, deliberately chose the scientific evidence relevant to drawing specific legal consequences. Meteorological phenomena are considered as the single determinant of high levels of PM10; their uncertainty is framed as absolute unpredictability and ungovernability, and from these flaws non-responsibility. The concept of coproduction is applied as a useful critical tool to open up the complex relationships between science and law by showing how scientific and legal concepts generate and influence each other even when legal regulations claims to be neutrally and objectively science-based.

  19. The Court of the Eurasian Economic Union: Challenges and Perspectives

    Directory of Open Access Journals (Sweden)

    Ekaterina Diyachenko

    2017-01-01

    Full Text Available The Court of the Eurasian Economic Union (EAEU Court is a new structure operating since 2015, and whose mission is to ensure the uniform interpretation and application of EAEU law. The article focuses on the main challenges the Court is presently facing: limited competence; a lack of procedural mechanisms to ensure the dissemination of its case-law among national courts; and a low number of applications. Consequently, it is divided into three sections.The first section is devoted to an analysis of the Court’s competence and focuses on the loss of the preliminary reference procedure that existed under the EurAsEC law. The authors analyze its role and the possibility of compensating for its lost powers. The second section explores the other tools available to the Court in order to influence the case-law of national courts indirectly. It explores the practical difficulties which economic entities face when bringing parallel proceedings before the EAEU Court and a national court, or when trying to obtain a review of a national court judgment following a positive outcome in the EAEU Court.The third section tackles the issue of the low number of applications, linked to a lack of trust from the business and legal communities. Thus, it is vital for the Court to earn a reputation based on accessibility, professionalism and efficiency. To this end, the authors analyze such issues as the duration of proceedings, the locus standi of economic entities and the way in which judgments should be drafted to ensure the protection of rights and legitimate interests of economic entities.

  20. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

    Full Text Available The Principles of legality in crimes and punishments refer to the fact that an act is not considered a crime and deserves no punishment, until the legislator determines and announces thecriminal title and its penalty. In Iranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the mentionedprinciple. When there is no text or in the case of the silence or lack of law, the criminal judge is bound to issue the verdict of innocence. According to the Rome statute the court shall exercisejurisdiction over the crime of aggressions once a provision is adopted. And, according to the article 121 and 123 defending the crime and setting out, the condition under which the Court shall exercise jurisdiction with respect to crimes such as provision shall be consisted of the head of the general principle the relevant provision of the charter of the United Nations. The principle of legality is set out in article 22 to 24 of the ICC statute. These norms are derived from the customary law and the national law. Article 15, International Covenant on Civil and Political rights, states that no one shall be found guilty of any criminal offence based on an act or omission which did not constitute a criminal offence under national or international laws at the time when it was committed. Yet, in the context of prosecuting mass atrocities, genocide, crimes against humanity, and war crimes, international criminal law appears to be resigned to such a principle, if not openly including it. fact, that it may be considered the poor cousin of nullum crimen sine lege (no crime without law which has attracted far greater consideration in scholarship and jurisprudence.

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

    NARCIS (Netherlands)

    Breemen, V.

    2014-01-01

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

  2. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

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

  3. Legislation and regulation

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-09-01

    This document presents the fulfilling of the Brazilian obligations under the Convention on Nuclear Safety. The Chapter 3 of the document contains some details about the Brazilian legislation and regulation, the legislative and regulatory framework, regulatory body and responsibility of the license holder.

  4. The 2007 Legislative Briefing

    Science.gov (United States)

    Grove, Jeffrey; Gaines, Gale F., Comp.

    2007-01-01

    "The 2007 Legislative Briefing" is a topical summary of actions during the 2006 legislative sessions that affect education in the 16 SREB states. Topics include state budgets and the economy, tax and revenue, school finance, teacher compensation, licensure, certification and evaluation of teachers, strengthening elementary and secondary…

  5. Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

    Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

  6. COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2015-11-01

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

  7. The Relevance of Criminal Courts in the Global South

    Directory of Open Access Journals (Sweden)

    Pablo Leandro Ciocchini

    2017-12-01

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

  8. THE INDEPENDENCE OF SOUTH AFRICAN JUDGES: A CONSTITUTIONAL AND LEGISLATIVE PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Lunga Siyo

    2015-11-01

    Full Text Available 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. It also discusses the sensitive matter of complaints and disciplinary proceedings against judges and their removal from office. The issue of the remuneration of judges is also explored. In discussing the challenges facing judicial independence some incidents that have appeared to compromise such independence are highlighted. These include the controversial appointments of Advocate Mpshe as an acting judge in the North West Province in 2010 and Judge Heath as the Head of the Special Investigative Unit (SIU in 2011. The never-ending controversy surrounding the Cape Judge President John Hlophe and his alleged attempts to improperly influence two Constitutional Court judges in a case involving President Jacob Zuma is also highlighted. Another issue that has brought judicial independence into sharp focus is the June 2015 visit to South Africa of Sudan's President Omar al-Bashir, who was on a warrant of arrest from the International Criminal Court (ICC for genocide and war crimes in the Darfur region of Sudan. A decision by the North Gauteng High Court on his presence in South Africa and the attacks on the judiciary made by various government officials as a result are discussed. Several conclusions are drawn but in the main, it is generally concluded that the constitutional and legislative framework adopted by South Africa sufficiently insulates judges from improper influence. However, there have been several notable challenges that particularly relate to judicial appointments and how the JSC has handled certain matters. Irresponsible and uninformed political statements by politicians and unwarranted political attacks on the judiciary

  9. [Cochlear implants in the social courts].

    Science.gov (United States)

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

    2018-02-01

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

  10. Intercultural pragmatics and court interpreting

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2008-01-01

    . The court interpreters are all state-authorized court interpreters and thus fully competent professionals.   The centrality of pragmatics in triadic speech events has been demonstrated by a number of studies (e.g. Berk-Seligson 2002, Hale 2004, Jacobsen 2002). Thus, conversational implicatures, which....../Philadelphia: John Benjamins.   Jacobsen, B. (2002). Pragmatic meaning in court interpreting: An empirical study of additions in consecutively-interpreted question-answer dialogues. PhD thesis, The Aarhus School of Business....

  11. On the Right for Lawful Court in Investigation and Search Activities

    Directory of Open Access Journals (Sweden)

    Chechetin A. E.

    2012-05-01

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

  12. 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.

  13. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU......) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...

  14. Acid rain legislation update

    International Nuclear Information System (INIS)

    Storey, H.L.

    1990-01-01

    This paper presents the author's view that the coal industry should develop a strategy to respond to the global warming issue. A few weeks ago a speaker stated that the global warming issue placed coal at the crossroads. He stated that global warming legislation, could reduce the consumption of coal by approximately twenty-five percent, without global warming legislation coal would continue to grow at a approximately three percent per year. It is believed there is a path to be traveled between the two options, legislation or no legislation, that can result in coal obtaining the position as the primary fuel source for electrical generating throughout the world. This is a path the coal industry can define and should follow

  15. Legislative Districts - 1990

    Data.gov (United States)

    Kansas Data Access and Support Center — Each coverage contains a COVER-ID field that defines the House or Senate district number. Kansas House and Senate districts were created by the Legislative Research...

  16. Do Specialty Courts Achieve Better Outcomes for Children in Foster Care than General Courts?

    Science.gov (United States)

    Sloan, Frank A.; Gifford, Elizabeth J.; Eldred, Lindsey M.; Acquah, Kofi F.; Blevins, Claire E.

    2013-01-01

    Objective: This study assessed the effects of unified family and drug treatment courts (DTCs) on the resolution of cases involving foster care children and the resulting effects on school performance. Method: The first analytic step was to assess the impacts of presence of unified and DTCs in North Carolina counties on time children spent in…

  17. A Critique of the Key Legislative Framework Guiding Civil Liberties ...

    African Journals Online (AJOL)

    Key legislative framework presented in this paper is within the areas of media and access to information, individual rights and freedoms, as well as legislation pertaining to the conduct of elections. In some cases, colonial legislation that politicians claimed to have repealed was reincarnated, as the post-colonial dispensation ...

  18. Specific Statistics of Czech Legislation

    Czech Academy of Sciences Publication Activity Database

    Novák, František

    2015-01-01

    Roč. 5, č. 3 (2015), s. 162-183 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : legislation * quantitative description of legislation * structure and development of the legislation in the CR Subject RIV: AG - Legal Sciences

  19. Indian Supreme Court demands cleaner blood supply.

    Science.gov (United States)

    Kumar, S

    1996-01-13

    The government of India recently admitted in parliament that 25% of the country's blood banks remain unlicensed. The Supreme Court has directed the government to establish a National Council for Blood Transfusion in an attempt to curb malpractice, malfunctioning, and corruption in the national blood banking system, and to ensure a safe blood supply. Furthermore, the Court advised the government to enact separate legislation for regulating the collection, processing, storage, distribution, and transportation of blood and the operation of blood banks. Legal action will be taken if any blood banks remain ill equipped or unlicensed after the period of one year. Agencies have been directed to take steps to eliminate professional blood selling within two years. They have also been asked to ensure that there are trained drug inspectors to check upon the banks. To boost funding for the councils, the government has been advised to allow 100% exemption upon income tax to those who donate money to the organizations. The Director General of Health Services has been asked to submit a report on action taken by July 16, 1996, to ensure compliance.

  20. Trial by Jury in Russian Military Courts

    Directory of Open Access Journals (Sweden)

    Nikolai P. Kovalev

    2008-07-01

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

  1. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2012-01-01

    This section gathers the following national legislative and regulatory activities sorted by country: Bulgaria: General legislation; Czech Republic: General legislation; France: General legislation, Regulatory infrastructure and activity; Germany: General legislation; India: Liability and compensation, Organisation and structure; Ireland: Radiation protection, General legislation; Korea (Republic of): Organisation and structure; Lithuania: Regulatory infrastructure and activity, Radioactive waste management, Radiation protection, international cooperation, Nuclear safety; Poland: General legislation; Romania: Environmental protection; Russian Federation: Radioactive waste management; Slovenia: Nuclear safety; Spain: Liability and compensation, Nuclear security; Sweden: Nuclear safety; Turkey: Radiation protection, Regulatory infrastructure and activity, Nuclear safety, Liability and compensation; United States: General legislation

  2. Intervention of the Courts in School Finance.

    Science.gov (United States)

    Hack, Walter G.

    1978-01-01

    The rhythm and intensity of judicial activity, questions and issues adjudicated by the courts, judicial approaches and strategies, and the roles played by the courts are discussed with regard to court intervention in state school finance systems. (DS)

  3. The Models of Constitutional Interpretation between the Constitutional Court of Indonesia and Japan: the Case of the Verdict regarding Illegitimate Child

    Directory of Open Access Journals (Sweden)

    Rudy Rudy

    2014-04-01

    Full Text Available Abstract The Constitutional Court of Indonesia issued a landmark judgment on February 2012 stipulating that the civil rights of children born out of wedlock should be recognized by their biological fathers. In June 2008, the Supreme Court of Japan issued a judgment that struck down the same issue stipulating that illegitimate child shall be acknowledged as having legal relationship with the father, and that the Nationality Act was violation of the constitution. These two judgments call comparative study on constitutional judgment and interpretation. In the specific area of constitutional interpretation, Vicki C. Jackson has argued that at least three models might broadly describe the relationships between domestic constitutions and law from trans-national sources. Firstly, the convergence model that assumes the desirability of convergence with the constitutional laws of other nations; secondly, the resistance model that relishes resistance by national constitutions from foreign influence; and the engagement model arguing that the constitution can best be viewed as a site of engagement with the trans-national, informed but not controlled by legal norms of other nations and questions they put to interpret their constitution. Based on the theory, the aim of this article is to see the models of interpretation of constitutional relationships between Indonesia and Japan while both nations give similar judgments on illegitimate child. This study will answer this question by integrating the interpretation of the judgments of The Constitutional Court of Indonesia and the Supreme Court of Japan on illegitimate Child. Hopefully, the result of this research paper may enlighten the context of constitutionalism in Asia. Abstrak Pada Februari 2012, Mahkamah Konstitusi Indonesia memberikan putusan yang bersejarah yang mengatur hak perdata setiap anak yang lahir di luar nikah agar diakui oleh ayah biologisnya. Pada Juni 2008, Mahkamah Agung Jepang mengeluarkan

  4. Unanimous Supreme Court finds for actions by whistleblowers

    International Nuclear Information System (INIS)

    Norris, J.E.

    1990-01-01

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

  5. The embryo research debate in Brazil: from the National Congress to the Federal Supreme Court.

    Science.gov (United States)

    Cesarino, Letícia; Luna, Naara

    2011-04-01

    New forms of life produced by biomedical research, such as human embryonic stem cells (hESC), have been the object of public debate beyond the scientific fields involved. This article brings to light the case of Brazil, where recently passed federal legislation has authorized research with in vitro human embryos. It focuses on the legislative debate in the Brazilian National Congress between 2003 and 2005 on the Biosafety Bill of Law, which cleared for hESC research a certain share of supernumerary and unviable human embryos frozen in the country's assisted reproduction clinics. The passing of this Bill triggered other public reactions, chiefly a Direct Action of Unconstitutionality in Brazil's Federal Supreme Court. This study adopts an anthropological perspective for describing and analyzing the chief arguments in both debates, in terms of how the notion of 'life' was deployed and negotiated by contending parties. If, on the one hand, the definition of life appeared firmly attached to a conception of both the in vitro embryo and the fetus as a human person, on the other a movement towards breaking down life along utilitarian lines was found when the potential beneficiaries of stem cell therapy came into the equation. In all cases, however, notions of life were negotiated from a hybrid continuum of (biological) facts and (religious, moral and juridical) values, and resonated in different ways with the idea of the individual as privileged mode of constructing personhood in the context of modern nation states.

  6. Status of legislation

    International Nuclear Information System (INIS)

    Warner, C.

    1982-01-01

    The status of the House legislation, the major differences between the House and Senate legislation and a preview of what is likely to take place during the lame duck session in December are presented. The House legislation provides: long-term program leading toward permanent disposal of nuclear waste; an interim program for storage and for expansion of storage space for spent fuel; provides an R and D component through what is called a test and evaluation facility; an alternative long-term storage program based on a proposal to be completed by the Department of Energy on what's called Monitored Retrievable Storage; full upfront financing of the program through user fees based on contracts between the government and the users of the nuclear waste disposal services

  7. Implementing the legislation

    International Nuclear Information System (INIS)

    Silverstrom, L.

    1982-01-01

    Leon Silverstrom explained how nuclear waste disposal legislation would be implemented. The legislation provides a framework that recognizes the tremendous number of views and opinions on the subject and provides a mechanism that will allow all these interests to be expressed before final decisions are reached. Implementing procedures are outlined for: (1) the final repository; (2) interim or last resort storage; (3) research and development; (4) the monitored retrievable storage phases. The whole process will involve: environmental assessments and licensing requirements for each phase; construction of a test and evaluation facility; provision for sharing information with the states and interested parties; and procedures for public hearings and state rejection of propoped sites

  8. Child sex tourism: extending the borders of sexual offender legislation.

    Science.gov (United States)

    Newman, William J; Holt, Ben W; Rabun, John S; Phillips, Gary; Scott, Charles L

    2011-01-01

    Child sex tourism, the act of traveling to engage in sexual acts with minors, plagues developing nations worldwide. Several laws have been passed internationally in recent years designed to curtail this practice. Government entities and human rights organizations have driven these efforts. United States citizens represent a significant proportion of participants in child sex tourism. The PROTECT Act of 2003 prohibits United States citizens from participating in sexual acts with minors while traveling, and establishes extraterritorial jurisdiction. The case of Michael Lewis Clark, the first United States citizen convicted under this legislation, is highlighted. Child sex tourism poses unique issues to courts that will require ongoing clarification as challenges arise. This article discusses potential future challenges, describes strategies to address this problem, and relates this issue to psychiatry. Mental health providers may have the role of evaluating both the victims and perpetrators of child sex tourism. The authors propose a classification system for offenses and an initial list of topics to discuss with victims. The authors also describe the proper mechanism for reporting United States citizens suspected of participating in child sex tourism. Copyright © 2011 Elsevier Ltd. All rights reserved.

  9. The European Legislation and Protection of Trademarks in Romania

    Directory of Open Access Journals (Sweden)

    Codruta Stefania Jucan

    2011-05-01

    Full Text Available Objective: The present paper aims at producing a brief account and analysis of the changes thathave been made to the Romanian Trademark Law during the last few years in order to achieve harmonizationwith the European Trademark Law. Prior Work: The subject is being researched especially by the authorsfrom abroad and only the last years brought new investigations from the Romanians. Approach: The presentpaper was put together using a synthesis and analytical approach, taking in account different sources fromlegislation, court cases to papers that have been written about the subject. Results: The result of this studyindicates a way of harmonizing the internal legislation of Romania with that of the E.U on the subject andfuture directions of Trademark Law. Implications: The present study does its part in the intellectual propertystudies research area, offering a better view on the problems regarding the trademark law and itsnaturalization in the legal systems of the member states. Value: The study at hand is of great value inunderstanding the problems and challenges in the harmonization of legal concepts using the example ofIntellectual Property Rights in the U.E.

  10. The Case-Law of the Court of Justice of the European Communities Concerning the Law of the World Trade Organization and the Autonomy of the European Community in the Implementation of Its Common Commercial Policy

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Cepillo Galvín

    2009-12-01

    Full Text Available In the last years some authors have questioned the autonomy of the European Community when implementing its commercial policy, due to the amount of trade agreements signed by it and especially because of the commitments acquired in the WTO. There is no doubt that the compulsory fulfilment of these commitments is a conditioning factor with regard to the implementation of the Common Commercial Policy, but that doesn’t make the autonomy of the EU disappear in order to put its model of commercial policy into practice. In this respect, it’s necessary to underline the ample discretionary margin in the management of the commercial policy that the Court of Justice of the European Communities recognizes in favour of the EU institutions within the framework of its case-law related to the denial of the direct effect of the WTO agreements, as we analyze in this paper.

  11. The Legislative Process as a Safeguard of the Public Servant´S Right to Go on Strike

    Directory of Open Access Journals (Sweden)

    Edilene Lôbo

    2016-10-01

    Full Text Available The right to go on strike can only be realized after a specific national bill – such law has been denied for decades. Acknowledged the omission it should be remedied. The Supreme Court, nonetheless, declared the legislative gap but created, by analogy, rules and procedural issues, bestowing upon the remaining courts discretion to establish a stricter regime and erga omnes effect replacing the legislator. This work criticizes the right´s regulation through judicial rulings removed from the legislative process. The methodology utilized, supported by Estate´s  functions  separation  and  democratic  process  theories,  consisted  in  exam  of legislation, court rulings AND specialized literature.

  12. Recent US legislative actions

    International Nuclear Information System (INIS)

    Daniel, P.

    1987-01-01

    A view on legislative events in the US from the outside is presented. The author comments on the general principles and advantages of free trade against the possibility of an embargo into the US on uranium, on the issue of sanctions against South Africa, and Namibia, and how these issues affect the world market for uranium

  13. Nuclear Regulatory legislation

    International Nuclear Information System (INIS)

    1984-06-01

    This compilation of statutes and material pertaining to nuclear regulatory legislation through the 97th Congress, 2nd Session, has been prepared by the Office of the Executive Legal Director, U.S. Nuclear Regulatory Commission, with the assistance of staff, for use as an internal resource document

  14. Notoriety for Profit Legislation.

    Science.gov (United States)

    1987-01-01

    this study is a relatively new and important area in victimology known as "Notoriety For Profit Legislation". The study contains descrip- tions...in the area of victimology require further study. I BIBLIOGRAPHY Books Bard, Morton, and Dawn Sangrey. The Crime Victims Book. New York: Basic Books

  15. Chapter 3. Legislation

    International Nuclear Information System (INIS)

    2000-01-01

    The Nuclear Regulatory Authority of the Slovak Republic (UJD) as central body of state administration prepares legislation within their competency and sets also binding criteria in the filed of nuclear safety. Based on provisions of the 'Atomic Act' there are 16 binding regulations under preparation. In 199 the following regulations were issued by UJD (1) Regulation No. 29/1999 Collection laws (Coll. l.) by which a list special materials and equipment is published. It came into force on 1 March 1999; (2) ) Regulation No. 30/1999 Coll. l. which defines details on maximum limits on quantities for nuclear materials for which there is no presumption of causing nuclear damage. It came into force on 1 March 1999; (3) Regulation No. 186/1999, which determines details to assure physical protection of nuclear installations, nuclear materials and radioactive waste. It came into force on 1 August 1999; (4) Regulations No. 187/1999 Coll. l. on professional competence of employees of nuclear installations. It came into force on 1 August 1999; (5) Regulation No. 198/1999 Coll. l. on accounting and inspection of nuclear materials. It came into force on 1 September 1999; (6) Regulation No. 245/1999 Coll. l. on emergency planning in case in incident or accident. It came into force on 1 October 1999; (7) Regulation No. 246/1999 Coll. l. on documentation of nuclear installations for decommissioning. It came into force on 1 October; (8) Regulation No. 284/1999 Coll. l. on details on transportation of nuclear materials and radioactive waste. It came into force on 15 November 1999. Six UJD safety guide were published last year as the part of edition 'Safety of Nuclear Installations'. UJD provides documentation for screening process of Energy sector and Environment sector as contribution to the accession process to the European Union. The most important subject within the negotiations with the European Commission were safety and operation of the NPP V-1 Bohunice. UJD grants

  16. Court interpreting and pragmatic meaning

    DEFF Research Database (Denmark)

    Jacobsen, Bente

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

  17. The Nevada mental health courts.

    Science.gov (United States)

    Palermo, George B

    2010-01-01

    The deinstitutionalization of the mentally ill which started in the 1960s greatly contributed to the overcrowding of judicial systems throughout the world. In the ensuing years, the actors involved in the adversarial system present in United States courts, a system that is primarily interested in assessing the culpability of the offender, have come to realize that the system is lacking therapeutic and reintegrative approaches to offenders, especially those who are mentally ill. Therapeutic jurisprudence, an interdisciplinary science, addresses this problematic situation of the mentally ill. It offers a fresh insight into the potentially beneficial and detrimental effects of legal decisions and views one of the roles of law as that of a healing agent. At present, many states have instituted mental health courts based on these concepts, incorporating previous drug court experiences. Their goal is to avoid the criminalization of the mentally ill and their recidivism through the creation of special programs. This article describes the mental health court programs of Washoe County and Clark County, Nevada, their organization, their therapeutic goals, and their success in keeping mentally ill offenders out of the correctional system, while improving their mental condition. In so doing, the program has lightened the load of the overburdened courts and has greatly diminished the financial burden incurred for court trials and jail and prison stays. Copyright 2010 Elsevier Ltd. All rights reserved.

  18. Three Years of Teen Court Offender Outcomes

    Science.gov (United States)

    Forgays, Deborah Kirby

    2008-01-01

    Since 1983, Teen Courts have offered a judicial alternative for many adolescent offenders. In the first year of the Whatcom County Teen Court Program, a small sample of Teen Court offenders had more favorable outcomes than did Court Diversion offenders. In the current study, the results are based on a three-year sample of 84 Whatcom County…

  19. Case law

    International Nuclear Information System (INIS)

    Anon.

    2008-01-01

    Canada: Brunswick News Inc. versus Her Majesty the Queen in the Right of the Province of New Brunswick denying release of nuclear power feasibility study: A superior court in Canada has made an important decision with regard to freedom of information legislation and protection of confidential commercial information. It denied a provincial newspaper company access to a feasibility study concerning the construction of a second nuclear power reactor in New Brunswick. U.S.A.: In the Court of federal Claims, plaintiffs Carolina Power and Light Company and Florida power corporation (collectively Progress Energy) claimed damages of U.S.D. 91 029 704 from defendant U.S. Department of Energy (D.O.E.), under the terms of D.O.E. standard contract for Disposal of spent nuclear fuel and/or high level waste. D.O.E. liability was previously established and the amount of damages was the sole issue in this case.Germany: in 2005, the federal Ministry for the Environment, Nature Conservation and Nuclear Safety (B.M.U.) instructed the regulatory and supervisory body of the federal state Baden-Wurtemberg to issue an order, which required the operator to shut its plant, without delay or further orders, in case of not obviously insignificant non-compliance with technical limits, measures or other specific safety-related requirements deemed to control incidents. The operator was further required to inform the regulatory and supervisory body immediately if it was no longer able to demonstrate the controllability of design basis accidents. In the judgement of the Federal Administrative court, the instruction to stop operation is too ambiguous since it does not specify with technical criteria should compel operators to shut their reactors.The court rules that, in compliance with the principle that administrative decisions must be precise, clear and unambiguous, an order to terminate operations must clearly state when and for what reasons an operator has this duty. a global obligation to

  20. Do specialty courts achieve better outcomes for children in foster care than general courts?

    Science.gov (United States)

    Sloan, Frank A; Gifford, Elizabeth J; Eldred, Lindsey M; Acquah, Kofi F; Blevins, Claire E

    2013-02-01

    This study assessed the effects of unified family and drug treatment courts (DTCs) on the resolution of cases involving foster care children and the resulting effects on school performance. The first analytic step was to assess the impacts of presence of unified and DTCs in North Carolina counties on time children spent in foster care and the type of placement at exit from foster care. In the second step, the same data on foster care placements were merged with school records for youth in Grades 3-8 in public schools. The effect of children's time in foster care and placement outcomes on school performance as measured by math and reading tests, grade retention, and attendance was assessed using child fixed-effects regression. Children in counties with unified family courts experienced shorter foster care spells and higher rates of reunification with parents or primary caregivers. Shorter foster care spells translated into improved school performance measured by end-of-grade reading and math test scores. Adult DTCs were associated with lower probability of reunification with parents/primary caregivers. The shortened time in foster care implies an efficiency gain attributable to unified family courts, which translate into savings for the court system through the use of fewer resources. Children also benefit through shortened stays in temporary placements, which are related to some improved educational outcomes.

  1. Employment protection legislation in Croatia

    Directory of Open Access Journals (Sweden)

    Marina Kunovac

    2014-06-01

    Full Text Available According to business climate and competitiveness indicators published by international organisations, Croatia is a country with a rigid labour market and a high level of the legal protection of employees. Given that an Act on Amendments to the Labour Act (OG 73/13 entered into force in Croatia in June 2013, this paper examines changes in employment protection legislation in Croatia and Central and Eastern European (CEE countries, as well as in Croatia's main trading partners during the period between 2008 and 2013. A cross-country comparison shows a strong downward trend in legal employment protection in most CEE countries during the observed period, primarily as concerns individual dismissal in the cases of regular employment contracts, while in the case of temporary employment the protection strengthened slightly. On the other hand, despite the adoption of amendments to the Labour Act (LA, Croatian labour legislation governing employment protection for regular employment contracts remains relatively inflexible compared to that in other countries.

  2. Antoine Thomas, SI as a «Patient» of the Kangxi Emperor (r. 1662-1722: A Case Study on the Appropriation of Theriac at the Imperial Court

    Directory of Open Access Journals (Sweden)

    Puente-Ballesteros, Beatriz

    2012-06-01

    Full Text Available In this article I shall concentrate on Antoine Thomas’ illness and death (July 28, 1709 in Peking. This will serve as a case study to elucidate certain aspects of the role played by Jesuit medicine, i.e. Jesuit physicians and Jesuit drugs, at the court of the Kangxi emperor (r. 1662-1722, the first of the three great rulers of the Qing dynasty (1644-1911. As a first step the network of power, as reflected in the so-called medical palace memorials, will be presented in order to arrive at a more comprehensive evaluation of the medical involvement of the Jesuits, as practising physicians, suppliers of foreign drugs and as patients. It will be shown that the circumstances of Thomas’ illness and death must be based on a political and social analysis of the role of court medicine as patronised by the Kangxi emperor. Secondly, the case study of Antoine Thomas will also allow us to reflect on the delocalisation and appropriation of theriac at the Chinese court - one of the foreign drugs in the supply of which Jesuits might have been participated. Last but not least, I shall introduce a number of references in archival documents which throw some additional light on Thomas’ illness and death, and how they were perceived and dealt with in the imperial court.

    En el presente artículo me centro en la enfermedad y muerte de Antoine Thomas (28 de Julio, 1709 en Beijing. Lo cual servirá como estudio para aclarar ciertos aspectos del papel jugado por la medicina Jesuita, es decir, médicos Jesuitas y medicinas Jesuitas en la corte del emperador Kangxi (r. 1662-1722, el primero de los tres grandes emperadores de la dinastía Qing (1644-1911. Primero se presentará la red de poder, según se ve reflejada en los llamados memoriales de palacio de medicina, para poder llegar a una evaluación más profunda de la involucración médica de los Jesuitas, como médicos practicantes, proveedores de medicamentos extranjeros y como pacientes. Se demostrar

  3. Courtside: The Supreme Court's View of Drug Testing High School Athletes.

    Science.gov (United States)

    Carpenter, Linda J.

    1996-01-01

    The U.S. Supreme Court recently heard a case about mandatory drug tests for student athletes. This article discusses the case, in which the U.S. Supreme Court ruled in favor of the school district's right to conduct drug tests, noting its relevance to the 4th, 5th, and 14th Amendments. (SM)

  4. Nuclear Regulatory Legislation

    International Nuclear Information System (INIS)

    1989-08-01

    This compilation of statutes and material pertaining to nuclear regulatory legislation through the 100th Congress, 2nd Session, has been prepared by the Office of the General Counsel, US Nuclear Regulatory Commission, with the assistance of staff, for use as an internal resource document. Persons using this document are placed on notice that it may not be used as an authoritative citation in lieu of the primary legislative sources. Furthermore, while every effort has been made to ensure the completeness and accuracy of this material, neither the United States Government, the Nuclear Regulatory Commission, nor any of their employees makes any expressed or implied warranty or assumes liability for the accuracy or completeness of the material presented in this compilation

  5. Draft Legislative Proposals

    DEFF Research Database (Denmark)

    Turcan, Romeo V.; Bugaian, Larisa; Niculita, Angela

    2015-01-01

    the objectives of the legislative proposals; discusses risks and challenges that HE in Moldova faces today and in the next 10-15 years; identifies expected outcomes; identifies basic principles on which the process will be founded; proposes a new structure for the HE sector; offers an example...... and responsibilities; suggests a distinct separation between governance and management; suggests teaching and research funding formulae based on inputs and outputs; and outlines a new National Qualifications Framework....

  6. 20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...

  7. Case Law

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    attacks and their resulting environmental effects. Thirdly, judgment of a U.S. district court on interstate compact authority to restrict private disposal of foreign low-level radioactive waste (2009): this case concerns the limits of authority granted by the U.S. Congress to the states collectively forming the northwest Interstate Compact on low level radioactive waste management. The court was troubled by the implications of recognizing an interstate compact unfettered power to restrict or bar any low level waste disposal at any facility within a compact region which would effectively shut down the targeted facility. The court feared that such power could severely interfere with interstate commerce and state that under the Constitution, it could not recognize those powers without a clear expression of Congressional intent to permit such interference, which it did not find. The Northwest compact, joined by Utah and the Rocky mountain Interstate compact, disagreed with the trial judge ruling, they appealed, there is no decision on the appeal up to now. Concerning European Union, a judgment of European court of justice in the case land Oberosterreich v Cez is also presented: Austria cannot justify the discrimination practised in respect of the official authorization granted in the Czech Republic for the operation of the Temelin nuclear power plant on the ground that is necessary for protecting life, public health, the environment or property rights. The existing community legislative framework, of which that authorization forms a part, contributes precisely and essential towards ensuring the protection of those value. thus, that difference in treatment cannot be regarded as either necessary or proportionate for the purposes of protection. Cez has succeeded. (N.C.)

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

    International Nuclear Information System (INIS)

    Deppe, V.

    1982-01-01

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

  9. 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.

  10. 功能用語請求項明確性之臺灣判決案例研究 Definiteness of Means/Steps-Plus-Function Clams—A Cases Study of Taiwan’s Courts Decisions

    Directory of Open Access Journals (Sweden)

    郭榮光 Jung-Kuang Kuo

    2015-12-01

    、流程,二者不得互換,否則該請求項即不明確。 Article 19(4 of Taiwan’s Enforcement Rules of the Patent Act permits meansplus- function and steps-plus-function claims. However, without reciting the structure, material or acts performing the claimed function, claims may face challenges about the definiteness requirement. One of the related debates is whether the specification should recite the corresponding structure, material or acts of the claimed function. This issue has been brought up both in Taiwan and U.S. jurisdictions. This study compares Taiwan court decisions with the U.S. decisions which touch on the definiteness of means-plus-function and steps-plus-function claims. We find that while the U.S. courts require that the specification has to recite the corresponding structure, material or acts of means-plus-function and steps-plus-function claims to satisfy the definiteness requirement, Taiwan courts do not adopt the same standard. This study argues that by requiring specifications disclose the corre-sponding structure, material or acts implementing claimed function to satisfy the definiteness requirement, the standard made by U.S. court decisions limits the metes and bounds of means-plus-function and steps-plus-function claims to a more reasonable extent in order to prevent the abuse of functional claims. This study further suggests that Taiwan’s legislative and judicial branches of the government should adopt the same standard to prevent future definiteness disputes. Additionally, this study contends that means-plus-function can be used for device claims while steps-plus-function can be used for method claims. Due to this distinction, this study concludes that the corresponding disclosure of means-plus-function claims in the specification should be structures or materials which have concrete forms, while the corresponding disclosure of steps-plus-function claims in the specification should be acts which should have no concrete forms.

  11. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following National legislative and regulatory activities: 1 - Canada: Liability and compensation; 2 - France: Liability and compensation; Nuclear safety and radiological protection; 3 - Greece: Organisation and structure; 4 - Hungary: General legislation; 5 - India: Liability and compensation; 6 - Japan: Liability and compensation; 7 - Korea: Liability and compensation; 8 - Lithuania: General legislation; Transport of radioactive material; 9 - Slovak Republic: International co-operation; Liability and compensation; 10 - Slovenia: General legislation; 11 - Switzerland: Liability and compensation; 12 - United States: Radioactive waste management

  12. Information report on state legislation

    International Nuclear Information System (INIS)

    Landau, M.

    1983-06-01

    Legislation that would consent to the Central Interstate Low-Level Radioactive Waste Compact has been introduced into Congress as H.R. 3002. Similar legislation is expected to be introduced into the Senate soon. This is the second compact consent legislation to be introduced into Congress this year - the first was the Northwest Compact, introduced in January. States in the Central Compact are AR, KS, LA, NE and OK. Enacted and introduced radioactive waste management legislation in various states is summarized

  13. International environmental legislation; Internationales Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Proelss, Alexander (ed.) [Trier Univ. (Germany)

    2017-07-01

    The book on international environmental legislation includes the following contributions: Development, sources and actors concerning the international environmental legislation, cross-national environmental justice, principles of the international environmental legislation, environmental protection by lawsuit, environmental protection and human right, environmental protection and trading, responsibility and liability, peaceful settlement of disputes, climatic change, preservation and sustainable use of the biodiversity, protection of air and space, oceanic protection, protection of inland waters, protection of the Antarctic and Arctic environment, waste and hazardous materials legislation.

  14. Is principle based legislation smart choice for capital market’s regulation

    Directory of Open Access Journals (Sweden)

    Borut Stražišar

    2012-09-01

    action, European Union is still discussing whether spot forex trade is financial instrument or not. On the other hand, broad and unclear definitions, represents a friendly environment for new casino’s financial products. Even recognised financial instruments (like derivatives and synthetic financial instruments are recognised as gambling contracts by national courts within European Union. Problems with legal enforcement of financial contracts are mentioned also in common law’s literature. There are numerous pages describing the economic and financial essence of each derivative or synthetic financial instrument. But the chapters, dealing with the legal aspects, are short and end with a similar advice: “due to small number of case law and the danger, that courts could interpret such contracts as a gambling contract, we strongly advise to settle all disputes outside the court.” In case of numerous defaults unenforceability of contracts could be the poison pill for the trust in capital markets. Accepted solutions could also be a problem for administrative or criminal sanctions. Broad and unclear definitions could violate the basic principle “nullum crimen sine lege praevia.” And least but not last, in modern financial world sins are made in interpretations of details and not of principles. Third part of submission deals with the necessary assumptions for a workable principle based legislation. It starts with basic legal culture and generally accepted rule of law. It deals with the corporate culture, consumer’s organizations, financial markets and capable supervisors. Only when all the actors perform their expected roles, the principle based legislation could work properly.

  15. Teen Courts and Law-Related Education. ERIC Digest.

    Science.gov (United States)

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  16. Teen Court: A National Movement. Technical Assistance Bulletin No. 17.

    Science.gov (United States)

    Nessel, Paula A.

    Teen courts have gained in popularity in the 1990s. These courts include youth courts, peer juries, peer courts, student courts, and other courts using juveniles to determine the sentences of juvenile offenders. The courts issue sentences that are carried out in a school or community setting and generally involve community service, jury duty,…

  17. The Impact of Legislation and Litigation on Discipline and Student Behavior in the Classroom

    Science.gov (United States)

    Yell, Mitchell L.; Rozalski, Michael E.

    2008-01-01

    In this article, the authors examine the effect of legislation and litigation on the discipline of public school students. The authors explore how the courts have influenced discipline in schools, discuss the laws that affect discipline, provide a brief overview of students' rights in public schools, discuss the discipline of students with…

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

    Directory of Open Access Journals (Sweden)

    Barbora Hola

    2016-12-01

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

  19. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily; ugilt, rasmus

    2011-01-01

    Sixty years before Carl Schmitt wrote his Political Theology, and more than a 100 years before President Bush announced a ‘war on terrorism’ the American Supreme Court grappled with the difficult issue of emergency powers in connection with issues arising out of the American Civil War (1861......–1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the American...

  20. The Virtual Court Action: procedural facilitation in law

    Directory of Open Access Journals (Sweden)

    Karen Barton

    1998-12-01

    Full Text Available When they learn procedural law, students need to understand and memorize the forms of legal court action which can be carried out by parties to a case. A large proportion of this body of law is descriptive and factual, but complex too; and the constraints of academic curricula do not allow students to learn procedural law in the real environment of the court. As a result, even with the inclusion of case law, and with examples to contextualize the procedural principles, the subject can be perceived as an exercise in knowledge acquisition alone (Vaughn, 1995.

  1. Impact of maximum levels in European legislation on exposure of mycotoxins in dried products: case of aflatoxin B1 and ochratoxin A in nuts and dried fruits.

    Science.gov (United States)

    Van de Perre, Evelien; Jacxsens, Liesbeth; Lachat, Carl; El Tahan, Fouad; De Meulenaer, Bruno

    2015-01-01

    In this study the impact of setting European criteria on exposure to aflatoxin B1 via nuts and figs and ochratoxin A via dried fruits is evaluated for the Belgian population, as an example of the European population. Two different scenarios were evaluated. In scenario 1 all collected literature data are considered, assuming that there is no border control nor legal limits in Europe. In the second scenario, contamination levels above the maximum limits are excluded. The results from scenario 1 demonstrated that if no regulation is in place, AFB1 and OTA concentrations reported in the analysed food can have potential health risk to the population. The estimated exposure of OTA for scenario 2 is below the TDI of 5 ng/kg BW⋅day, indicating that OTA concentrations accepted by EU legislation pose a low risk to the Belgian population. For AFB1, the MOE values of scenario 2 are above 10,000 and can be considered to be of low health concern, based on BDML10 for humans, except for figs (MOE = 5782). This means that for all matrices, with exception of figs, the maximum values of AFB1 in the European legislation are sufficient to be of a low health concern for consumers. Copyright © 2014. Published by Elsevier Ltd.

  2. Court based civil commitment of alcoholics and substance abusers.

    Science.gov (United States)

    Beane, E A; Beck, J C

    1991-01-01

    Problem. To study court ordered substance abuse commitment (SAC) in one jurisdiction. We investigated who was evaluated, by whom, and with what outcome. Is SAC primarily a purely civil procedure as originally intended? Are men and women being treated equally? Questionnaire survey of court clinicians to determine demographic and clinical status of persons evaluated, the process of evaluation, and the disposition. SAC is common and more frequent in criminal cases than in purely civil ones. SAC of women is clearly influenced by the restricted choices for disposition: either state prison or an unlocked facility. SAC is an important public health procedure, which courts are using in highly variable and at times unintended ways. SAC has emerged as an alternative to other dispositions in criminal cases involving substance-abusing defendants.

  3. Real-time data helps in court

    International Nuclear Information System (INIS)

    Houlahan, T.

    2000-01-01

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

  4. Sections 80, 83, 101, 116, 117 of the Rules of Administrative Courts

    International Nuclear Information System (INIS)

    Anon.

    1981-01-01

    On the jurisdiction over the decision to be made on an application filed according to sect. 80 para. 5 of the Rules of Administrative Courts in case the Administrative Court - in the proceeding on the main issue - had handed over the signed wording of the judgement to the clerk of the court who reported the wording of the decision by telephone, and an appeal was lodged against the decision before it was served in writing (unofficial guiding principle). Higher Administrative Court Muenster - Decision of April 2, 1981 - 7 B 430/81. (orig.) [de

  5. European Union. Court of Justice of the European Union: EU Law and Fundamental Rights Preclude Requested Filtering Injunction against Hosting Provider

    NARCIS (Netherlands)

    Breemen, K.

    2012-01-01

    On 16 February 2012, the Court of Justice of the European Union delivered its preliminary ruling in the case of SABAM v. Netlog NV. The judgment was issued on a request made by the Court of First Instance of Brussels.

  6. From lab bench to court bench: using science to inform decisions in juvenile court.

    Science.gov (United States)

    Lederman, Cindy S

    2011-09-01

    Juvenile court judges are asked to determine what is in the best interest of the child in every case they hear. As Judge Cindy S. Lederman writes, making these decisions without an awareness of the science of child development can be detrimental to the mental and physical well-being of the child. Yet until about a decade ago, court decisions were routinely made without taking into consideration the needs of toddlers and infants. The Miami Child Well-Being Court™ (MCWBC) program, a partnership of clinicians and judges, has brought science into the courtroom, making it integral to the decision-making process and working to ensure that the needs of the child are met.

  7. The Supreme Court of Mauritius and the Objectives of Punishment in ...

    African Journals Online (AJOL)

    The Supreme Court of Mauritius and the Objectives of Punishment in Sentencing Offenders to Penal Servitude for Life and to Other Lengthy Prisons Terms in Drugs- Related Cases: A Look at Recent Case Law.

  8. The limits of authority of the Constitutional Court of Bosnia and Herzegovina in the procedure for the assessment of compliance of laws with the Constitution of Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Simović Miodrag N.

    2014-01-01

    Full Text Available The Constitutional Court of Bosnia and Herzegovina is one of the pillars of rule of law and legal security as well as guarantee for preservation and development of democratic order in the constitutional framework of Bosnia and Herzegovina. It is not legislative, neither executive nor classical court authority, but a special kind of sui generis authority, acting as corrective factor for all three authority branches. In such a situation, the relationship between the Constitutional Court and legislative authority has a special significance, having in mind that legislative authority regulates, primarily through the law, legal order and, thereby, also defines social and political system of one state and that, on the other side, the Constitutional Court ensures that those laws are in accordance with the Constitution of Bosnia and Herzegovina and that, if it finds such a law has gone out of the framework of the Constitution, it may intervene by declaring the whole law or parts of it unconstitutional and put them out of force. Does the Constitutional Court in such a situation takes the role of legislator and what kind of legislator? What if the legislative authority does not comply with the decision of the Constitutional Court? Should Constitutional Court take the role of positive legislator? It is less problematic activity of the Constitutional Court as negative legislator in theory and practice. In such legal situation, the Constitutional Court in its decision finds unconstitutionality of a law provision (or the whole law and eliminates it from legal system generally after expiration of certain period of time when such provisions cease to be valid and the legislator replaces unconstitutional provisions with new ones within set time limit. However, we have a much more problematic situation when the Constitutional Court acts as positive legislation, i.e. when it makes a decision declaring validity of certain provisions of the law or instructing the

  9. Historical Approach to the Role of Women in the Legislation of Iran: A Case Study on the Twenty-First Parliament

    Directory of Open Access Journals (Sweden)

    Sarah Sheibani

    2017-01-01

    Full Text Available One hundred and ten years ago, men and women took constitutionalism to achieve justice in Iran. National Council was the result of the Iranian people's struggle for justice, both women and men. Men policies from the beginning of legislation put women as minors and lunatics and bankrupted and banned them from vote. However, the Constitutional Revolution as a turning point and a national revolution played a key role in changing attitudes to women and structural context of their participation provided. In this paper, with the use of descriptive-analytical as well as quantitative methods, we sought to answer the question that what was the position of women in the twenty-first Parliament. The results of this study suggest that when Iranian women were allowed to participate politics, they have achieved to show their ability in politics as we saw examples in the twenty-first Parliament in which women had twenty-two percent participation.

  10. Donee's ingratitude: How the judicial practice amended the legislation

    Directory of Open Access Journals (Sweden)

    Cvetković Mihajlo

    2016-01-01

    Full Text Available Although contracts are generally irrevocable, the donor may revoke the donation contract due to the donee's ingratitude. Such circumstances gives rise to an inevitable dispute between the contracting parties, which is commonly resolved in civil litigation proceedings. Given the fact that formal sources of law cannot predict all forms of donee's ingratitude, courts have a creative role in revocation lawsuits. While trying to fill unavoidable legislative gaps, the courts of the former Yugoslav republics have developed the legal standard of 'gross ingratitude', which has been successfully used in the judicial practice. This paper focuses on 24 judgments dealing with different aspects of donee's ingratitude: the relationship between ingratitude and criminal liability; the degrees of ingratitude; the donee's omission which is detrimental to the donor; ingratitude manifested over a longer period of time; and revocation provoked by interference of third parties.

  11. The Camera Comes to Court.

    Science.gov (United States)

    Floren, Leola

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

  12. Freer markets, more court rulings?

    NARCIS (Netherlands)

    Hildebrand, Y.

    2010-01-01

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

  13. Pragmatics in Court Interpreting: Additions

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    2003-01-01

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

  14. Opteren voor de Netherlands Commercial Court

    NARCIS (Netherlands)

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

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

  15. The Effects of Segregation and the Consequences of Desegregation A (September 1952) Social Science Statement in the Brown v. Board of Education of Topeka Supreme Court Case

    Science.gov (United States)

    Clark, Kenneth B.; Chein, Isidor; Cook, Stuart W.

    2004-01-01

    This statement was an appendix to the appellants' briefs in the Brown v. Board of Education of Topeka, Kansas, Briggs v. Elliott, and Davis v. Prince Edward County, Virginia, cases. The statement offers definitions of segregation and discusses the implications and potential effects of segregation on children both in minority and majority groups.

  16. The concept of the rule of law and the European Court of Human Rights

    NARCIS (Netherlands)

    Lautenbach, G.

    2013-01-01

    This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a

  17. "Forest Grove School District v. T.A.": The Supreme Court and Unilateral Private Placements

    Science.gov (United States)

    Yell, Mitchell L.; Katsiyannis, Antonis; Collins, Terri S.

    2010-01-01

    On June 22, 2009, the U.S. Supreme Court issued its decision in the case "Forest Grove School District v. T.A." (hereafter "Forest Grove"). In "Forest Grove," the High Court answered the question of whether the parents of students with disabilities are entitled to reimbursement for the costs associated with placing…

  18. Profile of rape victims referred by the court to the Free State ...

    African Journals Online (AJOL)

    Only two of the victims were able to give legal consent to sexual intercourse. Only one participant was able to testify in a court of law. A noteworthy finding was that in only 25 (18.2%) cases, a clinical psychologist was subpoenaed to testify in court. Conclusion. The vast majority of mentally retarded rape victims in our cohort, ...

  19. Collective Reparations for Indigenous Communities Before the Inter-American Court of Human Rights

    OpenAIRE

    Contreras-Garduño, Diana; Rombouts, Sebastiaan

    2011-01-01

    Recent case law from international courts shows an increased willingness to grant collective reparations. This article focuses on how the Inter-American Court of Human Rights has recently been involved in granting a variety of collective reparations to indigenous groups. Moreover, it illustrates the diverse nature of collective reparations, and why there is a need for them.

  20. Collective Reparations for Indigenous Communities Before the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Diana Contreras-Garduño

    2011-02-01

    Full Text Available Recent case law from international courts shows an increased willingness to grant collective reparations. This article focuses on how the Inter-American Court of Human Rights has recently been involved in granting a variety of collective reparations to indigenous groups. Moreover, it illustrates the diverse nature of collective reparations, and why there is a need for them.

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

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2010-01-01

    ("CoE" or "the Council"). However, 2009 was also the year in which the number of pending cases before the Court passed the disturbing 100,000 benchmark. Paradoxically, the main reason for both the Court's success and its current crisis is the right of petition of individuals. The present article...

  2. Review of decisions of State Courts over state matters by the ...

    African Journals Online (AJOL)

    A decision of any court in Ethiopia today can be reviewed by the Cassation Division of the Federal Supreme Court (hereinafter the Cassation Division) if it manifests a prima facie case for basic error of law and if it is a final decision and is filed within the time limit1. This article examines the scope of the Cassation Division's ...

  3. From strange bedfellows to natural allies: the shifting allegiance of fire service organisations in the push for federal fire-safe cigarette legislation.

    Science.gov (United States)

    Barbeau, E M; Kelder, G; Ahmed, S; Mantuefel, V; Balbach, E D

    2005-10-01

    Cigarettes are the leading cause of fatal fires in the USA and are associated with one in four fire deaths. Although the technology needed to make fire-safe cigarettes has been available for many years, progress has been slow on legislative and regulatory fronts to require the tobacco industry to manufacture fire-safe cigarettes. We conducted a case study, drawing on data from tobacco industry documents, archives, and key informant interviews to investigate tobacco industry strategies for thwarting fire-safe cigarette legislation in the US Congress. We apply a theoretical framework that posits that policymaking is the product of three sets of forces: interests, institutions, and ideas, to examine tobacco industry behaviour, with a special focus on their and others' attempts to court fire service organisations, including firefighters' unions as allies. We discuss the implications of our findings for future policy efforts related to fire-safe cigarettes and other tobacco control issues. Tobacco control advocates ought to: continue efforts to align key interest groups, including the firefighters unions; contest tobacco industry "diversionary" science tactics; and pursue a state based legislative strategy for fire-safe cigarettes, building towards national legislation.

  4. Governance, veterinary legislation and quality.

    Science.gov (United States)

    Petitclerc, M

    2012-08-01

    This review of governance distinguishes between ends and means and, by highlighting the complexity and differing definitions of the concept, defines its scope and focuses discussion on its characteristics in order to establish an interrelationship between veterinary legislation and governance. Good governance must be backed by legislation, and good legislation must incorporate the principles and instruments of good governance. This article lists some of the main characteristics of governance and then reviews them in parallel with the methodology used to draft veterinary legislation, emphasising the importance of goal-setting and stakeholder participation. This article describes the criteria developed by the Veterinary Legislation Support Programme (VLSP) of the World Organisation for Animal Health (OIE) for assessing the quality of veterinary legislation. It then makes a comparison between the quality assurance process and the good governance process in order to demonstrate that the introduction and proper use of the tools for developing veterinary legislation offered by the OIE VLSP leads to a virtuous circle linking legislation with good governance. Ultimately, the most important point remains the implementation of legislation. Consequently, the author points out that satisfactory implementation relies not only on legislation that is technically and legally appropriate, acceptable, applicable, sustainable, correctly drafted, well thought through and designed for the long term, but also on the physical and legal capacity of official Veterinary Services to perform their administrative and enforcement duties, and on there being the means available for all those involved to discharge their responsibilities.

  5. Special report on taxation. Court of Appeals denies tax exemption based on "substantial commercial purpose".

    Science.gov (United States)

    Schieble, M T

    1992-05-01

    When viewed against the background of continuing state and federal legislative efforts to limit the availability of tax-exempt status, the Living Faith case could be seen as yet another indication of difficult times ahead for nonprofit providers. Although it is too early to tell whether this will in fact be the case, tax-exempt providers should be aware of the Living Faith case as perhaps the clearest statement from a federal appeals court in recent years that the operation of an enterprise in too businesslike a manner may make it a taxable activity. Tax-exempt providers that now operate or plan to operate ancillary businesses, whether through joint ventures, wholly-owned subsidiaries, or otherwise, should carefully evaluate such activities against the criteria articulated in Living Faith. This analysis is important not only for purposes of determining whether such activities can qualify for tax-exempt status in and of themselves, but also as an indicator of how such activities might affect the tax-exempt status of the provider.

  6. Japan’s Supreme Court Discourse and Lifetime Employment

    DEFF Research Database (Denmark)

    Tackney, Charles T.; Sato, Toyoko

    Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach to emplo......Our study explores cultural cognition in comparative U.S. – Japan employment relations through interdisciplinary analysis of Japanese Supreme Court regulation of the post-World War II lifetime employment system and the latest data available on Japan's collective bargaining-based approach...... on the Court's discourse. Causally related to this recognition, management councils (a form of employee participation in managerial prerogative) are also a defining feature of Japanese employment relations at the enterprise level. Despite unionization rate declines in both nations, the persistence of Japan......'s participatory employee relations system contrasts sharply with recent U.S. state-based legislative assaults on long-standing collective bargaining, particularly for public sector unions. The concept of cultural cognition, recently deployed in legal studies to account for domestic U.S. risk, public policy...

  7. The Courts and the News Media.

    Science.gov (United States)

    Pickerell, Albert G.; Lipman, Michel

    This book is intended to provide reporters who cover court proceedings with a basic knowledge of the organization of California's courts and of the procedures they follow. It contains: material about court organization and jurisdiction, pretrial civil procedure, pretrial criminal procedure, and civil and criminal trial procedure; a legal…

  8. The Court in the Homeric Epos

    Science.gov (United States)

    Loginov, Alexandr

    2016-01-01

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

  9. Constitutionalizing secularism, alternative secularisms or liberal-democratic constitutionalism?
    A critical reading of some Turkish, ECtHR and Indian Supreme Court cases on ‘secularism’

    Directory of Open Access Journals (Sweden)

    Veit Bader

    2010-11-01

    Full Text Available In recent debates on the constitutional status of 'secularism' we can discern three positions. The first tries to overcome the absence of 'secularism' in most liberal-democratic constitutions by developing a more robust theory of constitutional secularism. The second develops theories of 'alternative secularisms'. The third, defended in this article, argues that we should drop secularism as a 'cacophonous' concept from our constitutional and legal language and replace it by liberal-democratic constitutionalism. I develop an analytical taxonomy of twelve different meanings of 'secularism' based on a comparative study of Turkish and Indian Supreme Court cases on secularism, and demonstrate that they are incompatible with each other and with the hard core of liberal-democratic constitutions. Next, I criticize the respective rulings in the Turkish and Indian context. Particularly in 'militant democracies', the appeal to a principle of 'secularism' turns out to be inimical to the liberal and to the democratic 'constitutional essentials'. I end with some normative recommendations on the role of constitutional review and judicial activism.

  10. Jurisdiction in international civil and commercial cases : a comparative study of the law in the IBSA countries and the Hague Convention on Choice of Court Agreements

    OpenAIRE

    2015-01-01

    LL.M. (International Commercial Law) This dissertation concerns a comparative analysis of Brazilian, Indian and South African private international law principles on the exercise of jurisdiction in international civil and commercial cases. The intention is to uncover the fundamental grounds of jurisdiction in these legal systems and in doing so draw attention to their comparable characteristics. Emphasis is placed on matters of a commercial nature. Furthermore, a discussion of the Hague Co...

  11. Facilities Management Service Delivery in Public and Private High Rise Residential Buildings in Nigeria: A case study of Eko Court Complex and Niger Towers

    Directory of Open Access Journals (Sweden)

    Olanrele O. O.

    2014-01-01

    Full Text Available This study assessed and compared the delivery of Facilities Management (FM services in public and private high rise residential buildings in Lagos, Nigeria. While some facilities or services may not be available in some public estates, the efficiency of the available ones is inadequate in comparison with the adequacy and efficiency of services provided in private estates. The objectives set for the study include identification of services that are provided in the case studies, service delivery method, and an assessment of the residents’ satisfaction of the services. This study adopted questionnaire survey for collection of data. 127 questionnaires were distributed to the residents of the case studies and 93 were returned. Three of which were discarded for incompleteness, thus 90 were analysed. The study found that most but not all of the facilities services expected in high rise buildings are available in the case studies and the services are outsourced under a standard Service Level Agreement. The service delivery in private high rise residential building is better than the public residential high rise buildings as revealed by the study. The study recommends improved standardization of services, customized services and meeting customer’s expectation for improved service delivery.

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

    Directory of Open Access Journals (Sweden)

    Iman Prihandono

    2017-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia Maican

    2017-12-01

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

  14. At the Intersection between Expropriation Law and Administrative Law: Two Critical Views on the Constitutional Court's Arun Judgment

    Directory of Open Access Journals (Sweden)

    Ernst Jacobus Marais

    2016-08-01

    Full Text Available In Arun the Constitutional Court held that section 28 of the Land Use Planning Ordinance (LUPO vests all land indicated as public roads on a development plan in the local authority upon approval of such a plan. This includes land that is in excess of the normal need of the development. The appellant must hence be compensated for the "expropriation" of such excess land if the provision is to comply with section 25(2 of the Constitution. This ruling is problematic for both expropriation law and administrative law. In terms of section 25(2 four objections may be raised against the Arun decision. Firstly, it disregards the function of the public interest requirement for expropriation, as understood in view of the law-of-general-application requirement (which, in turn, is informed by the legality principle. The state cannot expropriate property for purposes that are ultra vires (or ulterior to the authorising legislation. Yet the Arun court seems to allow just this by permitting the local authority to acquire land unrelated to the normal need of the development against payment of compensation instead of setting the attempted expropriation aside. The judgment, secondly, ignores the role of compensation under section 25(2. Merely paying compensation to an affected party cannot turn an invalid expropriation into a valid one, since compensation is merely the result of a valid expropriation and not a justification for it. Thirdly, it makes the distinction between deprivation and expropriation pivot on the effect of the property limitation, which is unable to properly distinguish between these two forms of limitation in all instances. Finally, Moseneke DCJ's ruling seems to afford an election to litigants who are affected by materially defective expropriations to choose whether to accept the expropriation and claim compensation or to have it reviewed and set aside under PAJA. This election, if it indeed exists, subverts the principles of expropriation law

  15. India: Delhi high court annuls law criminalizing adult homosexual relations.

    Science.gov (United States)

    Skanland, Celeste A

    2009-12-01

    In what is considered by many to be a landmark decision on equality and non-discrimination in India, the Delhi High Court declared in July 2009 that Section 377 of the Indian Penal Code, which criminalizes people who engage in "unnatural offences", violates the rights to equality, freedom from discrimination, and life and personal liberty, pursuant to the India Constitution (Constitution). The court also agreed with the petitioner in the case that the law severely impairs HIV/AIDS prevention efforts by discouraging men who have sex with men (MSM) from participating for fear of stigma, discrimination and police abuse under the guise of enforcing the Section.

  16. A Comprehensive Evaluation of the Supreme Court's "Forest Grove" Decision?

    Science.gov (United States)

    Zirkel, Perry A.

    2013-01-01

    The article by Dixon, Eusebio, Turton, Wright, and Hale is entitled "Forest Grove School District v. T.A. Supreme Court Case: Implications for School Psychology Practice." Its implications are that a "comprehensive evaluation" under the Individuals with Disabilities Education Act (IDEA) requires assessment of the child's…

  17. Court Decisions Specific to Public School Responses to Student Concussions

    Science.gov (United States)

    Zirkel, Perry A.

    2016-01-01

    This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

  18. Legalization in the Academy: Higher Education and the Supreme Court.

    Science.gov (United States)

    Olivas, Michael A.; Denison, Kathleen McCartan

    1984-01-01

    Six of the 22 Supreme Court decisions in the 1981-82 term concerning or affecting higher education are discussed. The cases concerned sex discrimination, tuition-free public schooling for undocumented children, residency status, dormitory drug search, student religious groups using school facilities, and the scope of Title IX. (MSE)

  19. The International Criminal Court, Justice, Peace and the Fight ...

    African Journals Online (AJOL)

    The year 2013 marked the fiftieth anniversary of the Organisation of African Unity that was replaced with the African Union (AU). It coincided with a great deal of criticism against the International Criminal Court (ICC) by AU member states that were yet instrumental in its creation and referred most of its cases. Using a ...

  20. Jury Toughness: The Impact of Conservatism on Criminal Court Verdicts.

    Science.gov (United States)

    Levine, James P.

    1983-01-01

    Compared criminal court verdicts after trials with and without juries. A study of 58,336 trials of persons charged with felonies showed that juries convict substantially more often than judges trying cases alone. Jury toughness is seen as a response to the growth of popular conservatism on criminal justice issues. (JAC)

  1. Court rejects claim of mental illness from needlestick.

    Science.gov (United States)

    1998-05-29

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

  2. Navigating SA's climate change legislation

    International Nuclear Information System (INIS)

    Dickey, Suzanne

    2006-01-01

    It is proposed that there should be a legislation to address climate change and Greenhouse Gas Emission Reduction Bill. South Australian Government Greenhouse Strategy and climate change legislation in light of the far-reaching implications this legislation could have on clients, who face the impacts of climate change in the business and natural environment. It is a commitment to reduce greenhouse gas emissions in South Australia by 2050 to 60 per cent of 1990 levels

  3. Chapter No.2. Legislation

    International Nuclear Information System (INIS)

    2002-01-01

    UJD as the central body of state administration prepares legislation within their competency and sets also binding criteria in the field of nuclear safety. Based on provisions of the 'Atomic Act' the preparation of rest regulations has continued. Following drafts of 5 were prepared regulations in 2001 and then they were sent for comments to various ministries by UJD: (a) Regulation on safety requirements for design of nuclear installations; (b) Regulation on safety requirements for commissioning and operation of nuclear installations; (c) Regulation on safety documentation; (d) Regulation on periodic safety assessment; (e) Regulation on safety requirements for siting of nuclear installations. Two following UJD safety guides were published in 2001 as the part of edition 'Safety of Nuclear Installations': (a) BNS I. 11.2/1999 'Requirements for performance of safety analyses for ATWS' (b) BNS II.3.1/2000 'Evaluation of acceptability of faults detected during the operation inspection of nuclear installation selected equipment'. As UJD is responsible for performance of such reviews according to law No. 264/1999 Coll. on conformance assessment of products about 10 drafts of technical standards were reviewed. UJD provided documentation to the Slovak Republic position document related to Chapter 14 - Energy which was submitted to the European Union (EU). The set of recommendations related to nuclear safety was elaborated by the special working group on atomic question which was established by the EU Council. Their implementation is required as a prerequisite to close negotiations on Chapter 14 - Energy. The schedule of necessary safety related measures was agreed in co-operation with the SE a.s. and the Ministry of Economy and submitted as additional information for negotiations to the EC. The negotiations on Chapter 14 - Energy were successfully closed in October 2001. The activities in the area of Chapter 22 - Environment were concentrated on submission of necessary data

  4. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

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

  5. Interpretative decisions in the practice of the Constitutional Court of Serbia

    Directory of Open Access Journals (Sweden)

    Rajić Nataša

    2014-01-01

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

  6. The Role of the Military in Securing Suspects and Evidence in the Prosecution of Terrorism Cases before Civilian Courts: Legal and Practical Challenges

    Directory of Open Access Journals (Sweden)

    Bibi van Ginkel

    2015-05-01

    Full Text Available Notwithstanding the fact that civil authorities are usually involved in the investigation and prosecution of terrorist crimes, reality on the ground often leads to a different situation. Indeed, the military may be called upon to carry out law enforcement activities when embedded in situations characterised by conflict, high risk level of threat and/or a lack of local civil capacity. In this Research Paper, the role of the military when performing law enforcement activities in terms of collecting evidence and/or securing suspected terrorists is analysed. Dr. Bibi van Ginkel and Dr. Christophe Paulussen point out that past experiences, for instance from counter-piracy operations and evidence-based operations, may provide some guidance for future cases.

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

    Science.gov (United States)

    Macdonald, Gillian S

    2016-06-01

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

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

    Science.gov (United States)

    Abeles, Norman

    2010-11-01

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

  9. Nuclear fuel tax in court

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2014-01-01

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

  10. Stricter antitrust legislation?

    International Nuclear Information System (INIS)

    Heller, W.

    2007-01-01

    In November 2006, the German Federal Ministry of Economics sent a ministerial draft bill on combating price abuses in the energy supply and food trade sectors to the trade associations for comment. The bill must be seen as part of a set of measures of the federal government seeking to improve conditions for more competition in the energy sector. An omnibus law is to add a new Section 29 to the Act against Restrictions on Competition (Antitrust Act). The addition is to bear the heading of 'Power Economy' and has been designed to prevent a utility (vendor of electricity, gas, and district heat) from abusing its position on a market which it dominates either alone or together with other utility companies. Depending on the interests involved, comments on the draft bills differ. On the whole, this tightening up of antitrust legislation is preceived more as a repair job. Stricter antitrust provisions absolutely must also be seen in their European dimension. European firms not falling under this stricter antitrust law enjoy advantages over German firms. (orig.)

  11. Irradiation of unknown pregnancy: review of 17 cases; Irradiation d'une grossesse meconnue: revue a court terme de 17 cas

    Energy Technology Data Exchange (ETDEWEB)

    Chahed, N.; Mhiri, A.; Gaigi, S.; Mtimet, S. [Centre national de radioprotection, Hopital d' enfants, Tunis (Tunisia)

    2000-12-01

    The article summarizes the analysis of 47 cases of pregnant women who did not know their pregnancy and had undergone one or more diagnostic radiological examinations. We distinguished two groups. The first group G1 consisting of 12 women whose exposure to radiation had been focused under diaphragmatic region and occurred during tire critical period of organogenesis with a gonadal dose estimated to range 12 to 52 mGy. A therapeutic abortion had been recommended to these women. The second group G2 consisting of 35 women whose exposure to radiation interested directly or indirectly tire above diaphragmatic region with dose lower than 10 mGy. To these women, a recommendation to continue their pregnancy had been given. We investigated only 17 pregnant women issues; 7 from G1 et 10 from G2, We noted that there were no spontaneous abortion or major abnormalities or malignant diseases. However, 4 minor abnormalities were identified among tire examined children sample: facial dysmorphy. anus atresia. hypospadias and harelip. These anomalies could not be attributed to the irradiation effects because the conceptus received very low doses during tire minimal risk gestation period. We believe that the malformations observed may be attributed to congenital malformation risk. (authors)

  12. Compensation in Indian courts: Appropriate for environmental catastrophies

    International Nuclear Information System (INIS)

    Bongaerts, J.C.; Heinrichs, D.

    1985-01-01

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

  13. CONCORDAT PROCEDURE. LEGISLATIVE AND JURISPRUDENTIAL HIGHLIGHTS

    Directory of Open Access Journals (Sweden)

    Mihaela Tofan

    2014-11-01

    Full Text Available Insolvency Code has revived theoreticians’ and practitioners’ discussions, equally. The voluntary arrangements procedure is considered a legal solution for the prevention and recovery from commercial actors’ financial difficulty. The current legal framework establishes a number of imperative conditions for the implementation of this procedure, but in many cases, the application of the current regulation generated different conclusions. In less than half a year, since the entry into force of the law, the practice for each court varied. The paper synthesizes separate opinions and proposes solutions for shaping a more precise legal framework.

  14. Reducing injustice from recent legislation subsidising insurance and restricting civil liability?: Baker-Morrison v NSW [2009] Aust Torts Reports 81-999; Amaca Pty Ltd v Novek [2009] Aust Torts Reports 82-001.

    Science.gov (United States)

    Faunce, Thomas; Townsend, Ruth; Reardon, Konrad

    2010-05-01

    Shortly after the start of the new millennium, the Howard Federal Government in Australia was faced with a so-called "crisis" in medical indemnity insurance which may, in fact, have been due to corporate mismanagement. After a four-person review by a committee chaired by Justice Ipp (who currently serves as a justice on the New South Wales Court of Appeal), it agreed to subsidise the indemnity costs of Australian doctors but the quid pro quo was tort law reform legislation in Australian States. That raft of legislation significantly reduced the capacity of people (particularly patients) who were injured as a result of negligence to receive compensation. The new legislative scheme has been criticised as unjust in extra-curial speeches by senior judges involved in hearing civil litigation in Australia. A resulting hypothesis is that, in cases involving this legislative framework, judges might attempt to make it more just through interpretations enabling the recovery of reasonable damages by injured persons. In this column two such cases involving the Civil Liability Act 2002 (NSW) are discussed. The cases in question (Baker-Morrison v New South Wales [2009] Aust Torts Reports 81-999; [2009] NSWCA 35 and Amaca Pty Ltd v Novek [2009] Aust Torts Reports 82-001; [2009] NSWCA 50), though not involving negligence by medical practitioners, are presented as possible examples of judges enhancing justice in the application of this legislation. The importance is emphasised of judges in medical and other civil liability cases highlighting the hardships and inequities this legislation is found to create for injured people, as a necessary precursor to abolition of this scheme and its eventual replacement with a presumptively more equitable no-fault scheme for compensation, particularly for medically-induced injury in Australia.

  15. The impact of safety legislation

    International Nuclear Information System (INIS)

    Turner, J.L.; Gill, J.R.

    1989-01-01

    The impact of medicines legislation for radiopharmaceuticals is discussed with regard to product licensing, production and quality control, marketing authorisation within the EC, licensing exemptions and authorisation for administration. As regards safety legislation for radiopharmaceuticals the requirements of the Ionising Radiations Regulations 1985 are outlined. (UK)

  16. 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,

  17. Trends in outdoor recreation legislation

    Science.gov (United States)

    George H. Siehl

    1980-01-01

    The two decades which have passed since the era of the Outdoor Recreation Resources Review Commission (ORRRC) have been active and fruitful in terms of Federal recreation legislation. The Commission and its final report "Outdoor Recreation for America" strongly influenced the burst of recreation legislation in the 1960's. Even today, the studies prepared...

  18. Food Irradiation. Standing legislation

    International Nuclear Information System (INIS)

    Verdejo S, M.

    1997-01-01

    The standing legislation in Mexico on food irradiation matter has its basis on the Constitutional Policy of the Mexican United States on the 4 Th. article by its refers to Secretary of Health, 27 Th. article to the Secretary of Energy and 123 Th. of the Secretary of Work and Social Security. The laws and regulations emanated of the proper Constitution establishing the general features which gives the normative frame to this activity. The general regulations of Radiological Safety expedited by the National Commission for Nuclear Safety and Safeguards to state the specifications which must be fulfill the industrial installations which utilizing ionizing radiations, between this line is founded, just as the requirements for the responsible of the radiological protection and the operation of these establishments. The project of Regulation of the General Health Law in matter of Sanitary Control of Benefits and Services, that in short time will be officialized, include a specific chapter on food irradiation which considers the International Organizations Recommendations and the pertaining harmonization stated for Latin America, which elaboration was in charge of specialized group where Mexico was participant. Additionally, the Secretary of Health has a Mexican Official Standard NOM-033-SSA1-1993 named 'Food irradiation; permissible doses in foods, raw materials and support additives' standing from the year 1995, where is established the associated requirements to the control registers, service constancies and dose limits for different groups of foods, moreover of the specific guidelines for its process. This standard will be adequate considering the updating Regulation of Benefits and Services and the limits established the Regulation for Latin America. The associated laws that cover in general terms it would be the requirements for food irradiation although such term is not manageable. (Author)

  19. Legislative developments in radioactive materials transportation, November 1992--March 1993

    International Nuclear Information System (INIS)

    Reed, J.B.; Cummins, J.

    1993-04-01

    This is the sixth report prepared by the National Conference of State Legislatures (NCSL) on developments in radioactive materials transportation. It updates information contained in the November 1992 Legislative and Legal Developments in Radioactive Materials Transportation report and describes activities for the period November 1, 1992--March 31, 1993. NCSL is working to bring on-line a data base that contains abstracts of state laws and regulations relating to the transportation of radioactive materials. The data base will be operated by NCSL under a cooperative agreement with the Department of Energy's (DOE) Office of Civilian Radioactive Waste Management. Limited availability of on-line capability is anticipated by the end of July 1993. Users approved by DOE and NCSL will have access to the data base. Hard copy of any legislation listed in this report can be obtained by contacting the people listed below. This report contains summaries of legislation introduced in the 1993 state legislative sessions. Bills that address nuclear materials transportation and the broader area of hazardous materials transportation are grouped by state according to their status--enacted, pending or failed. In addition, bills that deal with emergency preparedness and general nuclear waste issues are described. Also included are Federal Register notices pertinent to radioactive waste and hazardous materials transportation. A recent court decision is also summarized

  20. The Court of Justice as an inter-state court

    DEFF Research Database (Denmark)

    Butler, Graham

    2017-01-01

    law obligations, whereas Article 273 TFEU concerns asking the Court to be an adjudicator for inter-state disputes stemming from a bilateral or multilateral arrangement that relates to the subject matters of the treaties. Use of both instruments for inter-state litigation has historically been limited......, demonstrating the strong self-contained regime of law that the Union has built and developed. This article delves into the two inter-state dispute resolution instruments that are within the primary law framework of the European Union, and analyses to what extent inter-state disputes between EU Member States can...

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

    African Journals Online (AJOL)

    MJM Venter

    2017-12-05

    Dec 5, 2017 ... According to Skelton 2008 CCR 351, 358-359, 360-363 the court gave more attention to the best interests' principle in this case than it did in any other previous case. 76. S v M (Centre for Child Law as Amicus Curiae) 2007 2 SACR 539 (CC) para 26. 77. S v M (Centre for Child Law as Amicus Curiae) 2007 ...

  2. Bavarian Constitutional Court, decision of August 14, 1987 (Referendum on sites of nuclear installations)

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

    In its decision of August 14, 1987, the Bavarian Constitutional Court refuses a referendum on sites of nuclear installations. The Atomic Energy Act does not contain regulations concerning site planning of nuclear plants. The Federal State has finally determined that site decisions can only be given in a licensing procedure according sec. 7 Atomic Energy Act. In this field the Laender have no legislative competence according to the constitutional order. (CW) [de

  3. Prosecuting the Offence of Misappropriation of Public Funds: An Insight into Cameroon's Special Criminal Court

    Directory of Open Access Journals (Sweden)

    Avitus A Agbor

    2017-04-01

    Full Text Available The fight against the misappropriation of public funds perpetrated by individuals, especially public servants, for private gain, enjoys different degrees of commitment by different countries. The enactment of laws and establishment of institutional mechanisms towards this end are partly a reflection of the attainment of such a mission and can also be the measure by which such a commitment can be assessed. Rated as one of the most corrupt countries in Africa by Transparency International, the global anti-corruption watchdog, the Republic of Cameroon recently enacted a law that created a Special Criminal Court. This comes as one of the most robust and significant legislative developments in the fight against the misappropriation of public funds. The mandate of the Special Criminal Court is to bring to justice persons who "cause loss of at least 50.000.000 CFA Francs (equivalent to about USD 100.000 relating to misappropriation of public funds and other related offences provided for in the Cameroon Penal Code and International Conventions ratified by Cameroon". This paper examines the offence of the misappropriation of public funds. It looks at aspects of the Special Criminal Court as provided by the Law that established it as well as supplementary legislation enacted to address specific issues related to the Special Criminal Court. The paper also examines the offence for which individuals are prosecuted in the Special Criminal Court. As a bold step in fighting and defeating the "invisible enemy amongst us" (that is, corruption, this paper argues that an institutional mechanism like the Special Criminal Court that has docked several top-notch politicians and former cabinet members for trial, is an example to emulate and confirms that corruption can be fought if and only if the political will to do so is present.

  4. The influence of neuroscience on US Supreme Court decisions about adolescents' criminal culpability.

    Science.gov (United States)

    Steinberg, Laurence

    2013-07-01

    In the past 8 years, the US Supreme Court has issued landmark opinions in three cases that involved the criminal culpability of juveniles. In the most recent case, in 2012, a ruling prohibited states from mandating life without parole for crimes committed by minors. In these cases, the Court drew on scientific studies of the adolescent brain in concluding that adolescents, by virtue of their inherent psychological and neurobiological immaturity, are not as responsible for their behaviour as adults. This article discusses the Court's rationale in these cases and the role of scientific evidence about adolescent brain development in its decisions. I conclude that the neuroscientific evidence was probably persuasive to the Court not because it revealed something new about the nature of adolescence but precisely because it aligned with common sense and behavioural science.

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

    Science.gov (United States)

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

    2011-11-01

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

  6. Addressing adolescent pregnancy with legislation.

    Science.gov (United States)

    Montgomery, Tiffany M; Folken, Lori; Seitz, Melody A

    2014-01-01

    Adolescent pregnancy is a concern among many women's health practitioners. While it is practical and appropriate to work to prevent adolescent pregnancy by educating adolescents in health care clinics, schools and adolescent-friendly community-based organizations, suggesting and supporting legislative efforts to reduce adolescent pregnancy can help address the issue on an even larger scale. This article aims to help nurses better understand current legislation that addresses adolescent pregnancy, and to encourage support of future adolescent pregnancy prevention legislation. © 2014 AWHONN.

  7. Nuclear liability legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    2000-01-01

    This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

  8. Evaluating the impact of existing legislation in Europe with regard to Female Genital Mutilation. Spanish National Report

    Directory of Open Access Journals (Sweden)

    VVAA .

    2014-02-01

    specific legislation, but before Female Genital Mutilation was liable too under the general offence of injuries in the Penal Code. In this Report, like in the other of the project, we have examined the possibilities and difficulties in the implementation of the spanish national legislation, in order to recommend a legislative and political strategy through Europe.   The research methodology, common to all reports, was designed by the ICRH in its cooordination task, but was as well discussed by all the partners along the six steering commitee meetings we have had. The structure and content of report reflects the answers to following questions: 1. What is the legislation with regard to FGM in your country? Description of the legislation.; 2. What is the number of published court cases/suspected cases related to FGM in your country? What is the number of “hearsay” cases?; 3. Brief description of the practising community and the corresponding jurisdiction: number of Africans per country in the geographic area where the cases that you describe are located; 4. What is the procedure to be followed in case of a legal intervention to prevent or to penalise the performance of FGM?; 5. Is legislation applicable on FGM being implemented?; 6.What are the obstructing (favouring factors for the implementation of legislation applicable to FGM? First of all we have compiled information about legislation applied with regard to FGM: not only general or specific criminal law, (in the case of Spain both because we have a change of law since october 2003, but also child protection procedures. In chapter 1, you may find the result: a Constitutional analysis, changes in Criminal Law, ans an introduction to Minor protection Laws. The second issue was the knowledge of court cases, police and judicial investigation in order to study how justice works. In this part, we contact key-informants, review archival records and study other reports: usually sociological, anthropological and health

  9. Evaluating the impact of existing legislation in Europe with regard to Female Genital Mutilation. Spanish National Report

    Directory of Open Access Journals (Sweden)

    VVAA .

    2014-02-01

    specific legislation, but before Female Genital Mutilation was liable too under the general offence of injuries in the Penal Code. In this Report, like in the other of the project, we have examined the possibilities and difficulties in the implementation of the spanish national legislation, in order to recommend a legislative and political strategy through Europe.   The research methodology, common to all reports, was designed by the ICRH in its cooordination task, but was as well discussed by all the partners along the six steering commitee meetings we have had. The structure and content of report reflects the answers to following questions: 1. What is the legislation with regard to FGM in your country? Description of the legislation.; 2. What is the number of published court cases/suspected cases related to FGM in your country? What is the number of “hearsay” cases?; 3. Brief description of the practising community and the corresponding jurisdiction: number of Africans per country in the geographic area where the cases that you describe are located; 4. What is the procedure to be followed in case of a legal intervention to prevent or to penalise the performance of FGM?; 5. Is legislation applicable on FGM being implemented?; 6.What are the obstructing (favouring factors for the implementation of legislation applicable to FGM? First of all we have compiled information about legislation applied with regard to FGM: not only general or specific criminal law, (in the case of Spain both because we have a change of law since october 2003, but also child protection procedures. In chapter 1, you may find the result: a Constitutional analysis, changes in Criminal Law, ans an introduction to Minor protection Laws. The second issue was the knowledge of court cases, police and judicial investigation in order to study how justice works. In this part, we contact key-informants, review archival records and study other reports: usually sociological, anthropological and health

  10. Legislative Prohibitions on wearing a headscarf: Are they justified?

    Directory of Open Access Journals (Sweden)

    Fatima Osman

    2014-11-01

    Full Text Available A headscarf, a simple piece of cloth that covers the head, is a controversial garment that carries various connotations and meanings. While it may be accepted as just another item of clothing when worn by non-Muslim women, it is often the subject of much controversy when worn by Muslim women. In recent years the headscarf has been described as a symbol of Islam's oppression of women and simultaneously of terrorism. As the debate regarding the acceptability of the headscarf in the modern world continues, an increasing number of states have legislated to ban the wearing of the headscarf. This article critically examines the reasons underlying these bans and argues that these prohibitions are not justified. It does this by first analysing the place of the headscarf in Islam, its religious basis and its significance to Muslim women. It argues that the headscarf is more than just a mere religious symbol and that Muslim women wear the headscarf as a matter of religious obligation. The headscarf is considered to be an important religious practice protected by the right to freedom of religion. Thereafter the article examines legislative bans on the headscarf in France, Turkey and Switzerland in order to identify the most popular justifications advanced by states and courts for banning the headscarf. It critically evaluates the justifications for protecting secularism, preventing coercion, promoting equality and curbing religious extremism, and disputes that the reasons put forward by states and accepted by courts justify banning the headscarf. It thereafter explores how South African courts would respond to a headscarf ban and argues that schools and employers should accommodate the headscarf. While Muslim women may not have an absolute right to wear the headscarf, there has thus far been no justifiable reason for banning the headscarf.

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

    OpenAIRE

    Finnegan, David Louis

    2004-01-01

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

  12. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily; ugilt, rasmus

    2011-01-01

    –1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the American...... be governed by the decisions and acts of the political department of the Government to which this power was entrusted’ (Prize, p. 669). The precedent, which the Court thereby laid down, has since played out as an important leverage for the Bush government’s legal arguments in connection with the war...... on terrorism. This article engages the theoretical framework of Locke, Schmitt and Agamben in order to come to a better understanding of this important set of cases....

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

    Science.gov (United States)

    Chakhvadze, B; Chakhvadze, G

    2017-01-01

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

  14. Issues of Exercising the Right to Defence amid the Explanations of the Plenum of the Supreme Court of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Oksana A. Voltornist

    2016-04-01

    Full Text Available The article analyzes the explanations of the Plenum of the Supreme Court No. 29 dated June 30, 2015 “On application of laws by the courts ensuring the right to defense in criminal proceedings”. The author details the applied aspects of certain provisions of the aforementioned document within the criminal procedure legislation and estimates their significance for the judicial and investigative practice

  15. Chapter 3. Legislation

    International Nuclear Information System (INIS)

    2001-01-01

    The Nuclear Regulatory Authority of the Slovak Republic (UJD) as the central authority of state administration prepares legislation within their competency and sets also binding criteria in the field of nuclear safety. Based on provisions of the 'Atomic Act' a preparation of remaining 8 decrees have continued. In 2000 the following decrees were issued by UJD: (1) Decree No. 31/2000 Coll on events at nuclear installations. It came into force on 15 February 2000. (2) Decree No. 190/2000 Coll by which details of radioactive waste management and spent fuel management are regulated. It came into force on 1-st July 2000. The following six decrees are at the process of preparation: (a) Decree on quality assurance of nuclear installations, (b) Decree on safety requirements for design of nuclear installations, (c) Decree on safety requirements for commissioning and operation of nuclear installations, (d) Decree on safety documentation, (e) Decree on periodic safety assessment, (f) Decree on safety requirements for siting of nuclear installations. Following five UJD safety guides were published in 2000 as the part of edition 'Safety of Nuclear Installations': (1) BNS I.9.1/1999 Safety of nuclear facilities during decommissioning (issued in April 2000). (2) BNS III.4.1/2000 Requirements on UJD SR permit issue for fuel use in WWER 440 reactors (issued in September 2000). (3) BNS III.4.3/2000 Requirements on assessment of fuel loading for WWER 440 reactors (issued in September 2000). (4) BNS I.2.6/2000 UJD SR requirements on chapter 4 of Safety analysis report 'Core design' (issued in September 2000). (5) NS I.4.2/1996 Use of PSA methodology in the process of regulation by regulatory authority (issued in September 2000). About thirty-five drafts of technical standards were reviewed as UJD is responsible for performance such review according to the law No. 264/1999 Coll. on conformance assessment of products. UJD provided necessary documentation for negotiation positions of the

  16. National Sovereignty and the International Criminal Court

    National Research Council Canada - National Science Library

    Boland, Donald

    1999-01-01

    ...: genocide, war crimes, and crimes against humanity. However, as written, the statute creating the court reduces the sovereignty of nations in its pursuit of protecting international human rights...

  17. Unwrapping Court-Connected Mediation Agreements

    DEFF Research Database (Denmark)

    Adrian, Lin; Mykland, Solfrid

    2018-01-01

    Court-connected mediated agreements seem to both fulfil and fail the ideal of self-determination in mediation theory. In a study of 134 agreements from court-connected mediation, we found that the majority of agreements contain creative elements and display great variation in the provisions...... and understand them. The judicial language is well known for the drafters of the agreement but not the parties. Thus, court-connected mediation seems to fail aspects of self-determination when it comes to drafting agreements. We draw on new-institutional theory when we explore and explain this apparent...... contradiction within the court-connected mediation practice....

  18. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

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

  19. Press Law and Press Freedom for High School Publications: Court Cases and Related Decisions Discussing Free Expression Guarantees and Limitations for High School Students and Journalists. Contributions to the Study of Mass Media and Communications, Number 6.

    Science.gov (United States)

    Ingelhart, Louis E.

    According to this reference manual, the nation's courts offer public high school journalists the same constitutional protection for expression, free speech, and free press as adults. Part 1 traces the development of the First and Fourth Amendments and explains how these provisions apply to high school publications. Part 2 examines expression that…

  20. Montgomery County Council Legislation - Bills

    Data.gov (United States)

    Montgomery County of Maryland — The Council enacts local public laws for the ‘peace, good government, health, and welfare of the county’. The bills dataset contains all legislation considered by...

  1. Information report on state legislation

    International Nuclear Information System (INIS)

    1982-01-01

    Summaries of laws enacted by states, during 1982, dealing with the management of low-level radioactive wastes are presented in this report. Also included are adopted resolutions, introduced legislation and introduced resolutions

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

    OpenAIRE

    Solovyev, A.

    2013-01-01

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

  3. Victimological aspects of court judgments

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2012-01-01

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

  4. Politics and legislation related to the final disposal of radioactive wastes. Socio-juridical case study on the Konrad ore mine

    International Nuclear Information System (INIS)

    Pape, Jens

    2016-01-01

    The energy revolution leads not only to build more wind turbines and the much-discussed circuit line from northern to southern Germany. Instead, the now old energy form of nuclear power needs to be handled. The disposal is one of the biggest unsolved issues of our time. In the conflict between energy and environment policies, the radioactive contamination of nuclear energy must be disposed of. The book is a highly topical compendium of legal and political aspects, which are not sufficiently taken into account because of their specialty in the public discourse. Based on the case study Konrad almost all legal and political priorities are treated very understandable.

  5. Swiss legislation on dog ownership

    CERN Multimedia

    DSU Department

    2008-01-01

    The Swiss Permanent Mission in Geneva has requested CERN to inform the members of its personnel that a notice relating to Swiss legislation on dog ownership has been published on-line at the following address: http://www.eda.admin.ch/eda/en/home/topics/intorg/un/unge/gepri/pet.html This legislation is applicable to all international civil servants who own a dog. Relations with the Host States Service mailto:relations.secretariat@cern.ch http://www.cern.ch/relations/

  6. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    This part gathers the national legislative and regulatory activities. The subjects tackled are as follow: radiological protection (Belgium), transport of radioactive materials (Belgium, France), general legislation (Brazil, Ireland, Republic of Moldova, Serbia, Turkey), third part liability (Japan), radioactive waste management (Korea, Romania, Slovenia, Usa), regime of radioactive materials (Romania), organisation and structure (Switzerland), regime of nuclear installations (Usa), regulations on nuclear trade (Usa). (N.C)

  7. Evidence and argument in policymaking: development of workplace smoking legislation

    Directory of Open Access Journals (Sweden)

    Bero Lisa A

    2009-06-01

    Full Text Available Abstract Background We sought to identify factors that affect the passage of public health legislation by examining the use of arguments, particularly arguments presenting research evidence, in legislative debates regarding workplace smoking restrictions. Methods We conducted a case-study based content analysis of legislative materials used in the development of six state workplace smoking laws, including written and spoken testimony and the text of proposed and passed bills and amendments. We coded testimony given before legislators for arguments used, and identified the institutional affiliations of presenters and their position on the legislation. We compared patterns in the arguments made in testimony to the relative strength of each state's final legislation. Results Greater discussion of scientific evidence within testimony given was associated with the passage of workplace smoking legislation that provided greater protection for public health, regardless of whether supporters outnumbered opponents or vice versa. Conclusion Our findings suggest that an emphasis on scientific discourse, relative to other arguments made in legislative testimony, might help produce political outcomes that favor public health.

  8. An Exploration of Treatment and Supervision Intensity among Drug Court and Non-Drug Court Participants

    Science.gov (United States)

    Lindquist, Christine H.; Krebs, Christopher P.; Warner, Tara D.; Lattimore, Pamela K.

    2009-01-01

    Evidence is accumulating that drug court programs appear effective in reducing the substance use and recidivism of drug-involved offenders. As there is no single drug court model, programs vary from site to site and the extent to which individual programs are fully implemented is not well documented. The extent to which drug court programs deliver…

  9. The Impact of Teen Court on Young Offenders. Research Report.

    Science.gov (United States)

    Butts, Jeffrey A.; Buck, Janeen; Coggeshall, Mark B.

    This paper reports findings from the Evaluation of Teen Courts Project, which studied teen courts in Alaska, Arizona, Maryland, and Missouri. Researchers measured pre-court attitudes and post-court (6-month) recidivism among more than 500 juveniles referred to teen court for nonviolent offenses. The study compared recidivism outcomes for teen…

  10. 25 CFR 11.912 - Contempt of court.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Contempt of court. 11.912 Section 11.912 Indians BUREAU... ORDER CODE Children's Court § 11.912 Contempt of court. Any willful disobedience or interference with any order of the children's court constitutes contempt of court which may be punished in accordance...

  11. Compatibility with European law of opt-out legislation

    International Nuclear Information System (INIS)

    Feldmann, U.

    2000-01-01

    Should consensus with the utilities not be reached, Federal Minister for the Environment, Mr. Trittin, repeatedly announced to introduce opt-out legislation 'by dissent'. Both the constitutionality of such legislation and its compatibility with European law are topics of controversial debate in the literature. The decision taken by the Bavarian cabinet on February 8 in this year, to use all political and legal means against shutting down German nuclear power plants and, for this purpose, even to approach the European Commission on grounds of potential violation of European law, are reason enough to deal in more detail with the compatibility of an opt-out law with the Euratom Treaty and the EC Treaty. As the opt-out law does not yet exist, these considerations can only be of a theoretical nature. However, this is the working hypothesis assumed: Reprocessing is banned as of the entry into force of the opt-out law. This ban includes moving nuclear waste abroad for reprocessing. The peaceful use of nuclear power for electricity generation in power reactors operated for thirty years is forbidden. Older reactors may be run only for a transition period of another three years. (This includes abandoning the promotion purpose in the German Atomic Energy Act and a ban on building new power reactors). However, the operating life may be distributed in a flexible way. This contribution indicates that there are sound reasons and interesting approaches, respectively, in the literature for assuming that opting out by means of legislation, coupled with a ban on reprocessing, at least constitutes a violation of the freedom for goods and/or services. However, this cannot be derived unequivocally from either the Euratom Treaty or the EC Treaty or from rulings by the European Court of Justice. Ultimately, compatibility with European law of the ban on reprocessing can be decided only by the European Court of Justice. (orig.) [de

  12. Sustainability for Governance, Brazilian Supreme Court and Conflict of Interest

    Directory of Open Access Journals (Sweden)

    Magno Federici Gomes

    2016-08-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2016v37n73p165 This paper intends to approach the theme involving the formation of the Brazilian Supreme Court (STF and the conflict of interest. The method used for accomplishment this work was the theoretician-documentary. In that context the currently constitutional rules to form the STF, having as parameter the rules involving the good governance practices, seems not to comply to the principals of Corporate Governance. The creation of public alliances between the applicants to the Justice position with the Executive and Legislative branches implies in a relation known as conflict of interest, causing prejudices to the independence of judicial decisions and to the sustainable.

  13. Appeals court orders review of alternatives to prison.

    Science.gov (United States)

    1999-08-20

    The Tennessee Court of Criminal Appeals ruled that a man sentenced to four years in prison for exposing his ex-girlfriend to HIV may receive an alternative to incarceration. [Name removed] pleaded guilty to five counts of criminal exposure to HIV for having unprotected sexual encounters with his girlfriend, who did not learn he was HIV-positive until she found his HIV medication. At his hearing [name removed] testified that he learned of his infection eight months before the affair, but did not tell the woman because he was in denial and was concerned about being rejected by her. Because of prison overcrowding in the State, Tennessee enacted legislation to allow alternative sentencing to defendants convicted of different classes of felonies. Alternative sentencing can include parole, community corrections, or split confinement.

  14. Australian children living with gender dysphoria: does the Family Court have a role to play?

    Science.gov (United States)

    Kelly, Fiona

    2014-09-01

    A growing number of Australian children are seeking medical treatment for gender, dysphoria. Until recently, such treatment was available only to children whose parents received the authorisation of the Family Court. However, the 2013 Full Court of the Family Court decision of Re Jamie changed the legal landscape for children living with gender dysphoria by allowing parents to consent to stage one treatment (the administration of puberty "blockers"). The court did not, however, come to the same conclusion with regard to stage two treatment (the administration of testosterone or oestrogen). Stage two treatment was held to be a "special medical procedure" and thus subject to court authorisation, unless the child is Gillick competent. While Re Jamie improved the process of seeking treatment for gender dysphoria, this article argues that the Full Court failed to correctly apply the test for "special medical procedures" articulated in Marion's Case. Crucially, the court failed to grapple adequately with the distinction made in Marion's Case between therapeutic and nontherapeutic treatment.

  15. Le comte qui était comtesse : un cas de gynandrie au tribunal de Vienne (1890 The Count who was a Countess: a Case of Gynandry in the Court of Vienna (1890

    Directory of Open Access Journals (Sweden)

    Patrick Pognant

    2011-03-01

    Full Text Available Il s’agit d’une des premières expertises auprès des tribunaux de la Cour impériale conduite par Krafft-Ebing alors qu’il venait d’être nommé professeur de psychiatrie à Vienne. Il eut à mener cette expertise dans une affaire de mœurs à propos d’une jeune comtesse hongroise qui, selon lui, souffrait de gynandrie, ce qui l’aurait conduite à convoler en noces illégitimes avec une jeune fille en escroquant au passage son « beau-père ». Il sera notamment intéressant de voir comment Krafft-Ebing a orienté son expertise pour la faire coïncider avec la théorie qu’il avait élaborée à propos des psychopathies sexuelles (et notamment les degrés de l’homosexualité et comment il obtint l’acquittement de la jeune femme qui, d’ailleurs, passa le reste de sa vie dans la peau (et le pantalon d’un homme en se faisant appeler M. le Comte…This article is about one of the first expert testimonies presented to the tribunals of the imperial Court, conducted by Krafft-Ebing when he had just been named professor of psychiatry at Vienna. He was called in on a case involving a young Hungarian countess – in his view, suffering from gynandrism – charged with illegitimate marriage to a young woman and knowingly misrepresenting herself to her “father-in-law” in the process.  Of particular interest is the way Krafft-Ebing oriented his testimony, aligning it with the theory he had previously elaborated regarding sexual psychopathies (notably degrees of homosexuality. Of interest, too, is his role in the acquittal of the countess, who spent the rest of her life as a man (in body and dress, identifying himself as Monsieur le Comte…

  16. Pivotal politics in US energy and climate legislation

    International Nuclear Information System (INIS)

    Skodvin, Tora

    2010-01-01

    In the 110th Congress (2007-2008) legislation related to climate change was introduced at a faster pace than in any previous Congress, yet it did not result in a corresponding increase in enacted climate-related laws. A pertinent example of the political infeasibility of climate policy change in the 110th Congress is the case of tax credit extensions for production of renewable energy. While this issue in itself was uncontroversial, the extensions were only adopted in the 11th hour, after innumerable failed attempts. With an analytical point of departure in Krehbiel's theory of pivotal politics, this paper seeks to identify pivotal legislators in the case of the tax credit extensions and discusses how changes in the composition of pivotal legislators in the 111th Congress (2009-2010) may impact the prospects of moving climate legislation more generally. The analysis indicates that a majority of the legislative pivots in the case of tax credit extensions were Republican senators representing coal-producing states. In the case of climate change, however, the regional dimension is likely to be more significant for Democratic voting behaviour. Thus, the opportunity space for climate legislation in the 111th Congress remains narrow even with a reinforced Democratic majority in Congress. (author)

  17. Recycling of Clay Sediments for Geopolymer Binder Production. A New Perspective for Reservoir Management in the Framework of Italian Legislation: The Occhito Reservoir Case Study.

    Science.gov (United States)

    Molino, Bruno; De Vincenzo, Annamaria; Ferone, Claudio; Messina, Francesco; Colangelo, Francesco; Cioffi, Raffaele

    2014-07-31

    Reservoir silting is an unavoidable issue. It is estimated that in Italy, the potential rate of silting-up in large reservoirs ranges from 0.1% to 1% in the presence of wooded river basins and intensive agricultural land use, respectively. In medium and small-sized reservoirs, these values vary between 0.3% and 2%. Considering both the types of reservoirs, the annual average loss of storage capacity would be of about 1.59%. In this paper, a management strategy aimed at sediment productive reuse is presented. Particularly, the main engineering outcomes of an extensive experimental program on geopolymer binder synthesis is reported. The case study deals with Occhito reservoir, located in Southern Italy. Clay sediments coming from this silted-up artificial lake were characterized, calcined and activated, by means of a wide set of alkaline activating solutions. The results showed the feasibility of this recovery process, optimizing a few chemical parameters. The possible reuse in building material production (binders, precast concrete, bricks, etc. ) represents a relevant sustainable alternative to landfill and other more consolidated practices.

  18. Recycling of Clay Sediments for Geopolymer Binder Production. A New Perspective for Reservoir Management in the Framework of Italian Legislation: The Occhito Reservoir Case Study

    Directory of Open Access Journals (Sweden)

    Bruno Molino

    2014-07-01

    Full Text Available Reservoir silting is an unavoidable issue. It is estimated that in Italy, the potential rate of silting-up in large reservoirs ranges from 0.1% to 1% in the presence of wooded river basins and intensive agricultural land use, respectively. In medium and small-sized reservoirs, these values vary between 0.3% and 2%. Considering both the types of reservoirs, the annual average loss of storage capacity would be of about 1.59%. In this paper, a management strategy aimed at sediment productive reuse is presented. Particularly, the main engineering outcomes of an extensive experimental program on geopolymer binder synthesis is reported. The case study deals with Occhito reservoir, located in Southern Italy. Clay sediments coming from this silted-up artificial lake were characterized, calcined and activated, by means of a wide set of alkaline activating solutions. The results showed the feasibility of this recovery process, optimizing a few chemical parameters. The possible reuse in building material production (binders, precast concrete, bricks, etc. represents a relevant sustainable alternative to landfill and other more consolidated practices.

  19. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

    Belarus: general legislation with amendments to laws on the use of atomic energy (2009) and criminal law on acts concerning the use of radioactive sources and administrative law for non criminal violations of radiation safety requirement (2009). Egypt: general legislation with law on activities in the nuclear and radiation field (2010). France: radioactive waste management with a decree establishing a committee on industrial co-ordination of radioactive waste (2010) and third part liability with a law on the recognition and indemnification of victims of nuclear tests conducted by France (2010). Germany: general legislation with a tenth amendment to the atomic energy act (2010), and act on environmental impact assessment (2009) concerning organisation and structure we find a revised version of statutes of the Radiation Protection Commission (2009), about radiation protection we find an act on the protection against non-ionizing radiation (2009), and for transport of radioactive materials we have an ordinance on the international transport of dangerous goods by road (2009). Ireland: In radiation protection we have an order to amend Regulations on active implantable medical devices (2010). Italy: general legislation we have a decree setting out rules for the sitting, construction and operation of nuclear installations (2010). Romania: general legislation with a law on the reorganisation of public authorities (2009). Slovak Republic: general legislation with an amendment of the atomic act (2009). spain: radioactive waste management with a law regulation limited investment companies quoted on the real estate market (2009). Ukraine: general legislation with an overview of recent amendments to laws in the field of nuclear energy (2009). (N.C.)

  20. Editorial Coverage of Reagan Supreme Court Nominees.

    Science.gov (United States)

    Hale, F. Dennis

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

  1. Kentucky's Unified Court of Justice. Teachers' Manual.

    Science.gov (United States)

    Kentucky State Dept. of Education, Frankfort. Div. of Program Development.

    Resource materials and learning activities to help secondary students in Kentucky learn about their state's court system are provided. The guide begins by providing a history of the Kentucky Court of Justice. Discussed are the qualification of judges, the Retirement and Removal Commission, the Judicial Nominating Commission, and juries. Background…

  2. Court Reaffirms TIAA Must Pay Equal Pensions.

    Science.gov (United States)

    Fields, Cheryl M.

    1984-01-01

    A second court decision supporting the payment of equal retirement pensions to men and women through the Teachers Insurance Annuities Association and College Retirement Equities Fund for retirees, effective after May 1, 1980, is discussed. This federal appeals court decision allows limited retroactivity. (MSE)

  3. The Supreme Court in the Culture Wars.

    Science.gov (United States)

    Rabkin, Jeremy

    1996-01-01

    Argues that the U.S. Supreme Court has been an active and liberally biased participant in the U.S. culture war. Historical evidence is presented, including areas of tuition tax credit and segregated private schools, abortion and the Right-to-Life movement, and prayer in public schools. The author discusses how the Supreme Court has strengthened…

  4. Buyer's Guide for Tennis Court Construction.

    Science.gov (United States)

    United States Tennis Court & Track Builders Association.

    This booklet examines seven planning and decision-making tips for investing in and building tennis courts that can prolong court life and get the most from the investment. It examines defining needs, developing a budget, considering the use of a consultant, choosing a site, choosing a surface and developing working specifications, making specific…

  5. CFC legislation, passive assets and the impact of the ECJ’s Cadbury-Schweppes decision

    OpenAIRE

    Martin Ruf; Alfons J. Weichenrieder

    2013-01-01

    In its Cadbury-Schweppes decision of 12 September 2006 (C-196/04), the Court of Justice of the European Union decided that the UK controlled foreign corporation rules, which were implemented to subject low taxed passive income of foreign affiliates to UK corporate tax, implied an infringement of the freedom of establishment. Consequently, many EU countries including Germany changed their legislation. The paper discusses to which extent the ECJ ruling has impacted on the allocation of passive ...

  6. The Last Line of Defense: Federal Habeas Review of Military Death Penalty Cases

    Science.gov (United States)

    1994-04-01

    Court of Military Appeals for a writ of error coram nobis . 7 The United States carried out a total of 160 executions as a result of court-martial...Court now forecloses further civil court collateral attacks on court-martial convictions."’ 33 In United States v. Matias, the Claims Court rejected...row inmate to privately retain counsel, these extensive demands deter attorneys from handling such cases pro bono. The United States District Court

  7. Pursuing transparency through science courts

    International Nuclear Information System (INIS)

    Field, Thomas G. Jr.

    1999-01-01

    Many, disappointed with traditional ways to assess and manage health, safety and environmental risks, have sought alternatives that might better serve democratic values and truth. Arthur Kantrowitz proposed one in 1967. Named the 'Science Court' by the media, it sought to air opposing viewpoints publicly before an independent, neutral and technically competent panel of scientists. The idea has received considerable attention over the years, but some see it as too opaque and elitist. Ironically, others may view it as too transparent. Beyond that, as proposed it might have been too time-consuming and expensive, and few scientists would have welcomed a suggestion for cross-examination. Yet, its key features still offer promise for resolving difficult policy disputes and might be usefully integrated with notions since leading to the creation and endorsement of advisory science boards

  8. Pursuing transparency through science courts

    Energy Technology Data Exchange (ETDEWEB)

    Field, Thomas G. Jr. [Franklin Pierce Law Center, Concord, NH (United States)

    1999-12-01

    Many, disappointed with traditional ways to assess and manage health, safety and environmental risks, have sought alternatives that might better serve democratic values and truth. Arthur Kantrowitz proposed one in 1967. Named the 'Science Court' by the media, it sought to air opposing viewpoints publicly before an independent, neutral and technically competent panel of scientists. The idea has received considerable attention over the years, but some see it as too opaque and elitist. Ironically, others may view it as too transparent. Beyond that, as proposed it might have been too time-consuming and expensive, and few scientists would have welcomed a suggestion for cross-examination. Yet, its key features still offer promise for resolving difficult policy disputes and might be usefully integrated with notions since leading to the creation and endorsement of advisory science boards.

  9. Courting the expert: a clash of culture?

    Science.gov (United States)

    Caldwell, P

    2005-06-01

    This article reviews the utility of expert opinion in legal proceedings and the deployment of expert witnesses in adversarial litigation. The use of expert witnesses to assist courts in making just and fair conclusions may be contrasted with the partisan interests of those who call them. An adversarial system is a bad method of scientific enquiry and undermines the court's capacity to reach the 'right' answer. As a consequence, courts may reach the wrong conclusion based on bad science. The role of the expert as a witness places strain on an expert to provide certainty, where in fact there may be none. Recent reforms in the civil courts have changed little and the problem is even more acute in criminal trials. The expert can rely solely on the integrity of his or her own opinion, tempered with a little humility. However, when filtered through the rhetoric and advocacy of a court arena, even this may be compromised.

  10. 地方法院實施「案件流程管理」制度對於妥速審判之回應──以臺灣新竹地方法院刑事審前中心為例 District Court Implement Case Flow Management System Responded to Properly and Speedy Trial ─ Centred on Taiwan Hsinchu District Court Criminal Pretrial Center

    Directory of Open Access Journals (Sweden)

    邱忠義 Jong-Yi Chiou

    2013-06-01

    Full Text Available 本文試圖跳脫傳統詮釋論之法學方法,以量化及質性研究之法學實證研究方法,並利用平衡計分卡(BSC)分析法院推行「刑事案件流程管理」制度,在財務、顧客、內部程序及學習成長等四構面之因果關係,嘗試建構推行新制之願景與策略,再經由策略地圖結合關鍵績效指標(KPI)之展開,逐一分析法院試辦「案件流程管理」制度之成效,是否達到各項預設之關鍵績效指標。並以研究結果提供司法院精進此制度成效之參考,盼能推行全國一體實施,回應民眾對於妥與速之審判要求,以提升信任度,並營造法官合理審判環境,以共創雙贏。 This article attempts to jump off the traditional interpretation on the Law changed to the Law of empirical research to quantitative research and qualitative research, and use the Balanced Scorecard (BSC to analyze the court the implementation of case flow management system in the financial, customers, internal processes and learning and growth the causal relationship of the four dimensions, try to construct a vision and strategy of the implementation of the new system, combined with the commencement of key performance indicators (KPI through strategic map, to analyze the court “Criminal case flow Management” the effectiveness of the system, can achieve the various preset KPI. And results provided to the Judicial Yuan for the future extend into a system of reference. This article and hope that the introduction of a national and universal implementation in response to the public “properly with the speed of the trial” requirement (trust enhancement, and to create a reasonable judge trial, in order to create win-win.

  11. Effectiveness of Inhalant Abuse Legislation.

    Science.gov (United States)

    Batis, Jeffery C

    2017-01-28

    Since peaking in the 1990s, inhalant abuse has steadily decreased over the past two decades. Concurrently, nearly every state has passed legislation aimed at minimizing inhalant abuse. While males have historically been more likely to abuse inhalants than females, there is no longer a sex effect in self-reported rates of inhalant abuse. The objective of the present study is to evaluate the effect of anti-inhalant abuse legislation on self-reported rates of inhalant abuse, in high school age males and females. Beginning in 1993, the CDC's biannual Youth Risk Behavior Surveillance Survey asked respondents if they have ever used inhalants to get high. Data from these surveys were collected, along with the date of passage of anti-inhalant abuse legislation in 46 of 50 states. ANOVAs were conducted to assess the effect of legislation on self-reported inhalant abuse rates. There were no significant main effects or interactions that demonstrated that inhalant abuse rates decreased in males or females following passage of legislation aimed at decreasing inhalant abuse. Conclusion/Importance: To date, 46 of 50 states have passed laws aimed at minimizing inhalant abuse, and while inhalant abuse rates have been decreasing for the past two decades, there is no evidence that this decline is related to enactment of these laws. Further research is needed to determine the cause of the decrease in inhalant abuse. The laws may benefit from amendments to include options for treatment.

  12. [Ruling of the Inter-American Court of Human Rights, the Case of Artavia Murillo et al (in vitro fertilization) v. Costa Rica; new hopes for the reproductive freedom in Latin America].

    Science.gov (United States)

    Brena, Ingrid

    2013-01-01

    Modern reproductive technology has not been completely accepted and, especially in-vitro fertilization, IVF has generated serious social, political and legal controversies in Latin America. We may distinguish two trends that show us the oppositions; on one hand, the primacy of the embryo's live and its protection during artificial reproductive process and on the other, the primacy of liberal access to assisted reproduction techniques. The debate came to the fore, after a ruling by the Costa Rica's Constitutional Chamber who banned de IVF in 2000. The damaged couples after fulfilling the process toward the Inter-American Commission on Human Rights, present a petition to the Inter-American Court of Human Rights. The Court's sentence and its arguments will be the subject of these comments as well that will allow to considered that both of them should be considered as a very important step towards the construction of a secular liberal vision over the assisted reproduction in Latin America.

  13. Courts, privacy and data protection in Belgium : Fundamental rights that might as well be struck from the constitution

    NARCIS (Netherlands)

    de Hert, Paul; Brkan, Maja; Psychogiopoulou, Evangelia

    2017-01-01

    Through critical analysis of case law in Belgium courts, this chapter reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights

  14. The South African Constitutional Court's Use Of Foreign Precedent In Matters Of Religion: Without Fear Or Favour?

    Directory of Open Access Journals (Sweden)

    Christa Rautenbach

    2015-12-01

    Full Text Available Since its establishment in 1994, the South African Constitutional Court has been quite fearless in its citation of foreign precedents in its reasoning. Compared with that of similar adjudicative institutions elsewhere, the constitutional reasoning of the South African Constitutional Court is still in its infancy, but it has nevertheless earned itself high praise among observers worldwide. The Court has in particular been commended for some ground-breaking and courageous judgments which it handed down without casting either argumentative rigour or judicial self-restraint to the winds. Since its establishment in 1994 the Constitutional Court has cited foreign cases quite extensively. Although these cases deal with all matters of the law, especially human rights issues, the Constitutional Court's use of foreign cases in the area of religion is noteworthy. Against this background, this contribution remarks on the propensity of the Constitutional Court to look beyond its borders to deals with issues of religion within South Africa. The ultimate question is whether the notion of transjudicialism in the case of religion is detrimental to the reputation of the South African Constitutional Court or whether it is a characteristic of a court which is confident enough that its independence will remain intact in spite of its looking elsewhere for answers.

  15. The International Criminal Court at the mercy of powerful states: How the Rome Statute promotes legal neo-colonialism

    NARCIS (Netherlands)

    Schuerch, R.J.

    2016-01-01

    The International Criminal Court (ICC), since putting focus on African situations and cases and in particular following the Al-Bashir indictment, became the target of criticism by the political establishments of many African states which repeatedly labelled the Court an agent of powerful states

  16. Amicus Curiae Brief for the United States Supreme Court on Mental Health Issues Associated with "Physician-Assisted Suicide"

    Science.gov (United States)

    Werth, James L., Jr.; Gordon, Judith R.

    2002-01-01

    After providing background material related to the Supreme Court cases on "physician-assisted suicide" (Washington v. Glucksberg, 1997, and Vacco v. Quill, 1997), this article presents the amicus curiae brief that was submitted to the United States Supreme Court by 2 national mental health organizations, a state psychological association, and an…

  17. Generic legislation of new psychoactive drugs.

    Science.gov (United States)

    van Amsterdam, Jan; Nutt, David; van den Brink, Wim

    2013-03-01

    New psychoactive drugs (NPDs, new psychoactive substances) enter the market all the time. However, it takes several months to ban these NPDs and immediate action is generally not possible. Several European countries and drug enforcement officers insist on a faster procedure to ban NPDs. Introduction of generic legislation, in which clusters of psychotropic drugs are banned in advance, has been mentioned as a possible solution. Here we discuss the pros and cons of such an approach. First, generic legislation could unintentionally increase the expenditures of enforcement, black market practices, administrative burden and health risks for users. Second, it may have a negative impact on research and the development of new treatments. Third, due to the complexity of generic legislation, problems in the enforcement are anticipated due to lack of knowledge about the chemical nomenclature. Finally, various legal options are already available to ban the use, sale and trade of NPDs. We therefore conclude that the currently used scientific benefit-risk evaluation should be continued to limit the adverse health effects of NPDs. Only in emergency cases, where fatal incidents (may) occur, should this approach be overruled.

  18. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

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

    National Research Council Canada - National Science Library

    Short, John J

    1987-01-01

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

  20. Dissolution Threats and Legislative Bargaining

    DEFF Research Database (Denmark)

    Becher, Michael; Christiansen, Flemming Juul

    2015-01-01

    Chief executives in many parliamentary democracies have the power to dissolve the legislature. Despite a well-developed literature on the endogenous timing of parliamentary elections, political scientists know remarkably little about the strategic use of dissolution power to influence policymaking....... To address this gap, we propose and empirically evaluate a theoretical model of legislative bargaining in the shadow of executive dissolution power. The model implies that the chief executive's public support and legislative strength, as well as the time until the next constitutionally mandated election...

  1. Nuclear Liability Legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    1998-01-01

    This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

  2. Accountability legislation: Implications for financial and performance reporting

    Directory of Open Access Journals (Sweden)

    Daphne Rixon

    2012-03-01

    Full Text Available The purpose of this case study is to first examine the implications of accountability legislation on the financial and performance reporting of a public sector agency in the Canadian province of Newfoundland and Labrador and secondly, to compare the level of accountability with Stewart’s (1984 ladder of accountability. This paper is based on the first phase of a two-phase study. The first phase focuses on the initial impacts of accountability legislation on agencies and the challenges created by the legislation’s ‘one size fits all’ approach. The second phase of this study will examine the impact of the legislation on stakeholders after it has been in operation for five years. The second phase will include interviews with stakeholders to ascertain the level of satisfaction with the new legislation. The first phase of the study is significant since it highlights how governments could consider stakeholder needs when drafting such legislation. This research contributes to the body of literature on stakeholder accountability since there is a paucity of research focused specifically on the impact of accountability legislation on public sector agencies. An important contribution of this paper is the introduction of a framework for legislated accountability reporting. The main theoretical frameworks used to analyse the findings are Stewart’s (1984 ladder of accountability in conjunction with Friedman and Miles (2006 ladder of stakeholder management and engagement.

  3. 40 CFR 1508.17 - Legislation.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Legislation. 1508.17 Section 1508.17 Protection of Environment COUNCIL ON ENVIRONMENTAL QUALITY TERMINOLOGY AND INDEX § 1508.17 Legislation. Legislation includes a bill or legislative proposal to Congress developed by or with the significant...

  4. Geological and oceanographic data determining the foreshore zone according to the Greek legislation

    Directory of Open Access Journals (Sweden)

    K.G. PEHLIVANOGLOU

    2006-06-01

    Full Text Available The available scientific field data of the marine and the coastal enviroment, (wind and wave field data, shallow area bathymetry, coastal area geomorphology and topography, etc., in addition to deep and shallow wave prediction numerical modelling (by means of wind and bathymetry measurements, calculation of the nearshore wave height and maximum wave run up, were used to support the mapping of the innermost limit of the foreshore zone according to Greek legislation which defi nes that ‘the foreshore is the zone of land wetted by the highest however unexceptional sea wave run up’ and the Supreme Administrative Court standard case law. These methods were applied for two areas, which completely differ as regards the wind and the wave field, the geomorphological and topographical characteristics of the coastal area, suggesting different procedures for the determination of the innermost limit of the foreshore zone. The limits of the foreshore zones for both areas, resulting from the study, are compared to the limits set out by the authorised Administrative Commissions, which were published in the Official Gazette and also were applied by the local authorities for the management of the coastal area.

  5. Boundaries and restrictions of “The right to life” according to the European Court of Human Rights (Article 2 of ECHR jurisprudence

    Directory of Open Access Journals (Sweden)

    Pjereta Agalliu

    2018-03-01

    Full Text Available The first substantial right of the European Convention on Human Rights (henceforth referred to as the Convention is the right to life, set out in Article 2. This right was the first one to be attached to this Convention, because human life is more important than any other right. If one is deprived of the right to life in an arbitrary manner, all other rights are illusionary. Being a fundamental right, it is protected by a number of national and international 1 instruments and the most important one, which has made it most relevant in the aspect of legislative theory, but also as part of the application of the right to life, is the Convention. Based on the European Court of Human Rights’ (henceforth referred to as the Court caselaw, we manage to determine the boundaries and the restrictions of the right to life. This paper includes findings which relate to the concept of the right to life, the protection and guarantees that the Convention offers, Article 2 of the Convention in particular, and the criteria for the restrictions applying on the right to life. The active obligation of the state bears a special importance in this matter, along with the definition of the boundaries and restrictions of the right to life and the boundaries and restrictions applying to the obligations of the Adhering States to guarantee the protection of life and their responsibility in those cases recognized by the Convention when this right is restricted.

  6. New protein sources and food legislation

    DEFF Research Database (Denmark)

    Belluco, Simone; Halloran, Afton Marina Szasz; Ricci, Antonia

    2017-01-01

    Growing global food demand has generated a greater interest in the consumption of new and diversified protein sources. Novel foodstuffs represent a challenge for food law as they need proper safety assessments before obtaining market permission. The case of edible insects and European law is a good...... framework for a novel food in a regulatory context. Once admitted, edible insects require proper rules to assure consumers and stakeholders of their benefits and safety. This overview highlights the need to develop clearer legislation to govern the future production and consumption of new food in Europe...

  7. 46 CFR 67.63 - Extent of title evidence required for captured, forfeited, special legislation, and wrecked vessels.

    Science.gov (United States)

    2010-10-01

    ..., forfeited, special legislation, and wrecked vessels. 67.63 Section 67.63 Shipping COAST GUARD, DEPARTMENT OF..., special legislation, and wrecked vessels. (a) In the case of a captured or forfeited vessel, the owner... case of a vessel which is the subject of special legislation or a wrecked vessel, the owner must...

  8. Legislative vulnerability of minority groups.

    Science.gov (United States)

    Paula, Carlos Eduardo Artiaga; Silva, Ana Paula da; Bittar, Cléria Maria Lôbo

    2017-12-01

    Minorities are in an inferior position in society and therefore vulnerable in many aspects. This study analyzes legislative vulnerability and aims to categorize as "weak" or "strong" the protection conferred by law to the following minorities: elderly, disabled, LGBT, Indians, women, children/ adolescents and black people. In order to do so, it was developed a documental research in 30 federal laws in which legal provisions were searched to protect minorities. Next, the articles were organized in the following categories: civil, criminal, administrative, labor and procedural, to be analyzed afterwards. Legal protection was considered "strong" when there were legal provisions that observed the five categories and "weak" when it did not meet this criterion. It was noted that six groups have "strong" legislative protection, which elides the assertion that minorities are outside the law. The exception is the LGBT group, whose legislative protection is weak. In addition, consecrating rights through laws strengthens the institutional channels for minorities to demand their rights. Finally, it was observed that the legislative protection granted tominorities is not homogeneous but rather discriminatory, and there is an interference by the majority group in the rights regulation of vulnerable groups.

  9. Seismic maps foster landmark legislation

    Science.gov (United States)

    Borcherdt, Roger D.; Brown, Robert B.; Page, Robert A.; Wentworth, Carl M.; Hendley, James W.

    1995-01-01

    When a powerful earthquake strikes an urban region, damage concentrates not only near the quake's source. Damage can also occur many miles from the source in areas of soft ground. In recent years, scientists have developed ways to identify and map these areas of high seismic hazard. This advance has spurred pioneering legislation to reduce earthquake losses in areas of greatest hazard.

  10. New Legislation on Capitol Hill

    Science.gov (United States)

    Wertman, John

    2016-01-01

    In this brief article, John Wertman describes the evolution of the Every Student Succeeds Act (ESSA) of 2015, the role the American Association of Geographers (AAG) played over the last decade in getting it passed, and the impact the Act has on funding for K-12 geography education. The legislation, while not perfect, includes promising new…

  11. Prometheus: the Supreme Court redefines the patentability of diagnostic inventions.

    Science.gov (United States)

    Kumamoto, Andrew; Schmid, Cora L

    2012-12-01

    The United States Supreme Court recently issued an opinion regarding the patentability of claims directed to diagnostic methods in Mayo Collab. Service v. Prometheus Lab., Inc. In this opinion, the Supreme Court held that correlations between metabolite levels in the human body and either therapeutic efficacy or adverse effects are unpatentable laws of nature. It further found that a patent claim to a method including such a correlation is unpatentable if the remainder of the claim contains only conventional and well-known steps. The Prometheus decision creates uncertainty regarding the scope of patentable subject matter, particularly in the fields of diagnostic and personalized medicine, that will remain until future cases apply this new doctrine.

  12. [Expert Opinions in Court: Liability of the Expert].

    Science.gov (United States)

    Schiltenwolf, Marcus; Beckmann, Nickolas; Gaidzik, Peter

    2017-12-01

    Experts in criminal, civil and, increasingly, in social court cases have to present their expert opinions in court. This should be regarded not only as a burden, even if this may at times appear superfluous to the expert, perhaps because the discussion is mere repetition of the opinion he has already written, or because the questions appear to be biased against the expert. Nonetheless, the expert is always advised to appear calm and objective during the interrogation by judges and parties or participants and their legal representatives, and should not allow himself or herself to be provoked by questioning. Furthermore, it may be necessary to correct the written expert statement in the course of the interrogation, but this can be a sign of a truly competent medical expert. The expert consulted can be held liable for adverse health effects resulting from the interrogation and investigation, as well as for deliberate or grossly faulty reports. Georg Thieme Verlag KG Stuttgart · New York.

  13. Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?

    Directory of Open Access Journals (Sweden)

    Gruodytė Edita

    2016-12-01

    Full Text Available In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.

  14. KSR v. Teleflex. Part 1: Impact of U.S Supreme Court Patent Law on Canadian intellectual property and regulatory rights landscape.

    Science.gov (United States)

    Bouchard, Ron A

    2007-01-01

    In KSR, SCOTUS retooled the standard for obviousness to bring it back in line with the court's previous decisions in Hotchkiss and Graham. A comparative review of the law of obviousness in the United States and Canada, and its relation to innovation and competition, was undertaken in Sections II and III. The focal point of observed differences is the inherent creativity and inventiveness of the PHOSITA, which in turn informs several binary and highly rigid aspects of Canadian patent law relevant to a statutory determination of obviousness. While American and English skilled technicians are viewed by courts in their parent jurisdictions as inherently creative and thus able to construe the prior art both implicitly and explicitly, the Canadian PHOSITA possesses not even a "mere scintilla" of inventiveness. As such, the reference point for the obviousness analysis in Canada, but not in the U.S. or U.K., is a PHOSITA who has much less than the average level of normative creativity, who is indeed no PHOSITA at all due to a de minimus level of creativity. The result in either case is removal of the PHOSITA from the obviousness determination, contrary to the provisions of Canadian patent legislation. As such, the current test for obviousness in Canada parallels in many important aspects the Federal Circuit's much maligned pre-KSR "teaching, suggestion, motivation" test that was explicitly overturned in KSR. For reasons discussed in Section III, jurisdictional differences of this nature not only have the potential to harm Canadian inventors and firms seeking to market innovative products globally, but may also, paradoxically, inhibit strong innovation by granting weak patents in the context of permissive legislation and regulations governing the approval and marketing of medical products.

  15. DISPARITY OF PUNISHMENT AT THE COURT OF THE CRIME OF CORRUPTION

    Directory of Open Access Journals (Sweden)

    Arifuddin -

    2015-07-01

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

  16. The Relationship between Judicial Staff and Court Performance: Evidence from Brazilian State Courts

    Directory of Open Access Journals (Sweden)

    Adalmir Oliveira Gomes

    2016-10-01

    Full Text Available To handle increasing caseloads, the judicial systems of several countries have adopted three main strategies: developing new standards and judicial procedures; investing in information and communication technologies; and hiring additional judicial staff. This paper investigates the impact of this third strategy on the performance of Brazilian courts. We use multiple regression analysis to test an array of related hypotheses about the complex interactions between the number of judicial staff and court productivity. The empirical research uses ten-year (2003-2012 data from 27 Brazilian courts. The main findings indicate that the number of judicial assistants has a positive influence on court productivity, and the number of assistants mitigates the positive relationship between court caseload and court productivity. The results are discussed and further studies are suggested.

  17. Legislative recognition in France of psychological harassment at work.

    Science.gov (United States)

    Graser, M; Manaouil, C; Verrier, A; Doutrellot-Phillipon, C; Jardé, O

    2003-01-01

    The recent French Law on Social Modernisation of 17 January 2002 introduced into the French Labour Code and into the French Criminal Code, the concept of "moral" harassment. The definition of psychological harassment under this law adopts quite a broad conception of the notion of psychological harassment. The legislator has established a means for "friendly" settlement of disputes: mediation. When it has not been possible to settle the dispute internally, the Courts have a number of sanctions available to them. The French Labour Code provides that any termination of the contract of employment resulting from a situation of psychological harassment is automatically null and void. Such nullification should therefore be applicable whatever the nature of the termination: dismissal, resignation or negotiated departure and it punishes psychological harassment at work by imprisonment for one year and a fine of 3,750 Euros. The French Criminal Code prescribes penalties of one year and 15,000 Euros.

  18. Case law and administrative decisions

    International Nuclear Information System (INIS)

    Anon.

    2004-01-01

    Two points are related in case law: the judgement of the appeal court of Limoges regarding the dumping of radioactive waste by Cogema, and the judgement of the slovak constitutional court on Greenpeace claim. (N.C.)

  19. Court Governance in Context: Beyond Independence

    Directory of Open Access Journals (Sweden)

    Tin Bunjevac

    2011-12-01

    Full Text Available There is a growing trend in some of the world’s most advanced western democracies of entrusting certain “framework” aspects of court administration to independent judicial agencies. This trend was highlighted in my recent study of the models of court administration, in which I examined court governance systems in seven Australian and international jurisdictions.This article will focus on the reasons behind the establishment of such agencies and the need for judges and policy makers to clearly identify the problems, aims and drivers for reform before embarking on a mission to adopt a particular “model.” At first, this may seem like an obvious proposition; however, recent experience in overseas jurisdictions demonstrates that it is not easy to reach a consensus on even the most basic issues affecting the administration of justice in courts.

  20. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... community’, and Sarah Williams, who 50 years later relied on the same factor in her definitions of ‘hybrid’ and ‘internationalized’ criminal tribunals. Through examples of rulings by the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, this article will demonstrate...... that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must...

  1. Congressional Authority Over the Federal Courts

    National Research Council Canada - National Science Library

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

    2005-01-01

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

  2. Opteren voor de Netherlands Commercial Court

    OpenAIRE

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

    2017-01-01

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

  3. Ambient Response Analysis of the Heritage Court Tower Building Structure

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, P.

    2000-01-01

    In this paper an ambient response analysis of the Heritage Court Building structure is presented. The work is a part of a blind test organised by Professor Carlos Ventura, University of British Columbia. The response data were analysed using two different techniques: a non-parametric based...... on Frequency Domain Decomposition (FDD), and a parametric technique working on the raw data in time domain, a data driven Stochastic Subspace Identification (SSI) algorithm. Both techniques identified 11 modes under 10 Hz. One case of three close modes and one case of two close modes were identified. For all...

  4. Ambient Response Analysis of the Heritage Court Tower Building Structure

    DEFF Research Database (Denmark)

    Brincker, Rune; Andersen, Palle

    2000-01-01

    In this paper an ambient response analysis of the Heritage Court Building structure is presented. The work is a part of a blind test organized by Professor Carlos Ventura, University of British Columbia. The response data were analyses using two different techniques: a non-parametric based...... on Frequency Domain Decomposition (FDD), and a parametric technique working on the raw data in time domain, a data driven Stochastic Subspace Identification (SSI) algorithm. Both techniques identified 11 modes under 10 HZ. One case of three close modes and one case of two close modes were identified. For all...

  5. The Temelin-Judgement of the European Court of Justice

    International Nuclear Information System (INIS)

    Scharf, W.G.

    2010-01-01

    On 27 October 2009, the European Court of justice (E.C.J.) rendered its milestone decision in the so called Cez case which deals with the operation of the Temelin nuclear power plant in the Czech Republic. The nuclear power plant in Temelin has strongly strained the relationship between Austria and the Czech Republic throughout its history, involving not only local communities but also high level politicians, members of Parliament and European Union institutions. Against the background of this tense relationship, the case was brought before the E.C.J., whose judgment shall be analysed in this paper. (N.C.)

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

    African Journals Online (AJOL)

    On the one hand, the dualism of the court structure presupposes that the federal courts adjudicate federal criminal matters, where as state courts adjudicate state criminal matters. This principle is accompanied by an exception that the state courts adjudicate federal criminal matters by delegation power. On the other hand, ...

  7. the admissibility of subregional courts' decisions before the african

    African Journals Online (AJOL)

    AbdiJA

    subregional courts are admissible before the African Commission on Human and Peoples' Rights or the African ... subregional courts. Key words. Admissibility, African Commission, African Court, subregional courts, res ...... 189 Communication 233/99, Interights (on behalf of Pan African Movement and. Citizens for Peace in ...

  8. Hydrology and Ecology Go to Court

    Science.gov (United States)

    Wise, W. R.; Crisman, T. L.

    2009-04-01

    The authors were involved in a high profile case in the United States District Court involving Lake Okeechobee and the Everglades Agricultural Area in the State of Florida. One of the central issues of the case rested on a theory that all navigable waters of the United States comprised one "unitary" water body, and as such, transfer of water from one navigable water to another did not require any permitting action. Should this theory have prevailed, great precedent would be set regarding inter-basin transfer of volumes of water capable of significantly impact to the ecologic structure and function of all involved basins. Furthermore, the impact would certainly have had demographic implications of great significance. We were asked to serve as an expert witnesses in the case charged with developing a strategy to demonstrate that three large irrigation canals were "meaningfully hydrologically distinct" (language from the U.S. Supreme Court opinion on a related case) from Lake Okeechobee, the second largest freshwater lake wholly in the continental U.S. Although a totally hydrologic approach could have been taken easily, it was thought better for the legal team to include an aquatic ecologic perspective, a true example of the linkage of the two disciplines into ecohydrology. Together, an argument was crafted to explain to the judge how, in fact, the waters could in no way be "unitary" in character and that they were "meaningfully hydrologically distinct." The fundamentals of the arguments rested on well known and established principles of physics, chemistry, and biology. It was incumbent upon the authors to educate the judge on how to think about hydrologic and ecologic principles. Issues of interest to the judge included a forensic assessment of the hydrologic and ecologic regime of the lake and the original Everglades system when the State of Florida first joined the U.S. While there are anecdotal archives that describe some elements of the system, there are few

  9. Escassez de recursos, custos dos direitos e reserva do possível na jurisprudência do STF Resource limitation, cost of rights and the 'under reserve of the possibilities' clause in the Brazilian Federal Supreme Court case-law

    Directory of Open Access Journals (Sweden)

    Daniel Wei Liang Wang

    2008-12-01

    Full Text Available Este artigo analisa os temas da escassez de recursos, custos dos direitos e cláusula de reserva do possível na jurisprudência do Supremo Tribunal Federal brasileiro. Por meio do estudo dessas decisões, procuro, primeiramente, descobrir em que tipo de matéria esses temas são comumente debatidos nos julgamentos do Supremo Tribunal Federal. Em um segundo momento, procuro entender a forma como o tribunal trata esses temas em sua jurisprudência e os critérios utilizados em suas análises. Por fim, busco examinar se a análise jurídica dos ministros leva em consideração preocupações relativas às conseqüências econômicas e distributivas das decisões. A pesquisa de acórdãos foi feita com base nestes três temas: direito à saúde, direito à educação e intervenção federal por não pagamento de precatórios. Em uma primeira fase, analiso o tratamento dado aos custos dos direitos, à reserva do possível e à escassez de recursos dentro de cada um desses temas. E, em um segundo momento, cruzo os resultados obtidos em cada tema para mostrar as diferenças de tratamento.This article presents an analysis the concepts of costs of rights, resource limitation and the "under reserve of the possibilities" clause are featured in the Brazilian Federal Supreme Court case-law. By analyzing Brazilian Supreme Court's decisions, my aim is to verify, firstly, in which subjects these themes appear more frequently. Secondly, I intend to assess how this court deals with the referred themes in its case law and what are the criteria applied. finally, I attempt to examine if the judges decision making process takes into consideration economic and distributive consequences. The survey on court decisions was based on three categories of legal discussions: right to health, right to education, and federal intervention for the non-payment of judicial debts. Initially, I examine the treatment received by the concepts of costs of rights, resource limitation

  10. The Development and Role of the Court Administrator in Canada

    Directory of Open Access Journals (Sweden)

    Pamela Ryder-Lahey

    2008-01-01

    Full Text Available By the turn of the millennium most courts in Canada had court administrators managing their operations and their staff. As a rule, the court administrators worked in a partnership with the chairmen of their courts, who typically delegated some of their official responsibilities. But the mere presence of court administrators, not to speak of their broad range of functions, was still relatively new. Only in the 1970s did most courts acquire administrators, and it took at least another decade before they were fully accepted by judges and entered into a position of equality with some, if not many, chairs of courts.

  11. THE IMPACT OF THE DECISION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION IN CASE C-461/13 REGARDING THE NOTION OF “DETERIORATION OF THE STATUS” OF A BODY OF SURFACE WATER

    Directory of Open Access Journals (Sweden)

    Cristiana Mic-Soare

    2015-11-01

    Full Text Available The necessity of this analysis results following the recent decision passed by the Court of Justice of the European Union interpreting a fundamental provision of the Water Framework Directive 2000/60/CE, art. 4 para. (1 lit. (a pt. (i-(iii. The decision's importance arises mainly due to the foreseen impact on projects developed on bodies of surface water. Thus, one of the potentially affected areas is that of micro-hydropower plants, since the fall by one class of any quality element, even if this does not determine a fall in classification of the body of surface water as a whole, breaches the obligation not to deteriorate the status of a body of surface water. If the affected quality element is already in the lowest class, any degradation breaches the said obligation. This interpretation's impact is even higher, as the Court concluded that the analyzed provisions imply the states' obligation to refuse authorizing projects that could cause the deterioration of the status of a body of surface water or that impact on the attainment of good surface water status or of good ecological potential and good surface water chemical status. The main scientific research methods used are the comparative, logical, historical and sociological methods.

  12. A Century of Environmental Legislation

    DEFF Research Database (Denmark)

    Cain, Louis P.; Kaiser, Brooks

    2016-01-01

    At the beginning of the 20th century, three intertwined ambitions drove federal legislation over wildlife and biodiversity: establishment of multiple-use federal lands, the economic development of natural resources, and the maintenance of option values. We examine this federal intervention in nat...... depends on the community’s resource endowments. These endowments are defined not only in terms of users’ current wealth accumulation but also from their expected ability to extract utility from natural resources over time....

  13. TENORM legislation - Theory and practice

    International Nuclear Information System (INIS)

    Tsurikov, N.; Koperski, J.

    2002-01-01

    Processing of minerals often increases concentrations of naturally occurring radioactive materials (NORM) in mineral concentrates, products and waste streams. This so-called TENORM (Technologically Enhanced Naturally Occurring Radioactive Materials) phenomenon can result in usually very small increases of radiation exposures to workers and the public. However, proposed international radiation protection standards are likely to bring the TENORM issue into the realm of regulatory concern. Verbatim adoption by the national legislation's of the radiation protection standards like those proposed in the IAEA's 1996 Basic Safety Standards (BSS) would present enormous practical problems. Many industries and industrial practices would, for the first time, become subjected to the provisions of radiation protection legislation. Consequently, registration, licensing, occupational and environmental monitoring, statutory reporting, appointment of appropriately qualified staff, new approaches to the management of minerals and waste labeled as 'radioactive', etc. would be required. This would be mirrored by corresponding demands on the regulatory authorities, needing to provide an increased radiation protection regulatory control. In response to new Australian and other national radiation protection legislation that have incorporated the BSS criteria, this paper illustrates their impact on a number of industries that historically have not been considered as dealing with radioactive materials. The paper also proposes a number of initiatives that could be considered. Nationally, those initiatives should aim at adopting radiation protection legislation that is commensurate with the nature of the minerals industry operations, national circumstances, conditions and interests without compromising rational radiation protection practices. Otherwise, non-judicious application of the BSS would result in major diversions of resources from well recognized occupational health and safety issues

  14. Legislators Urge Carbon Emissions Cuts

    Science.gov (United States)

    Kumar, Mohi

    2007-02-01

    Legislators from the world's largest carbon dioxide (CO2) emitting countries met on 14-15 February in Washington, D.C., to discuss the future of the global climate and strategies to mitigate temperature increases resulting from global warming. The world faces a ``double challenge-how to reduce damaging carbon emissions while still meeting the energy demand that the world's poor need to escape poverty,'' said World Bank President Paul Wolfowitz during a keynote talk.

  15. The Uses of E-mail as a Medium on the Contante Justitie Proceedings on the Courts in Indonesia

    Directory of Open Access Journals (Sweden)

    Yasser S. Wahab

    2015-10-01

    Full Text Available This research aims to know how the contante justitie principle may be applied into the enforced legislation in Indonesia, and to investigate the synergy of proceedings by means of e-mail in realizing contante justitie. The research employed in this paper is normative research, using both primary and secondary legal sources. Primary sources obtained from compiling relevant rules on the research concerned, in addition to secondary sources taken from books, court decisions, newspapers, internet materials and others relevant with the issue; that is to oversee the contradictions of humanist and mechanical processes when utilizing the internet e-mail for the court proceedings. The use of internet media e-mail in the correspondence process is expected to cut down the time, cost and potential instability. Thus strongly supports the realization of the principle of contante justitie in court proceedings more effectively and efficiently.

  16. The USA Labor Unions Against the Legislative Restraint on Their Participation in Election Campaigns (1947-1948

    Directory of Open Access Journals (Sweden)

    Koryakova Irina Konstantinovna

    2014-09-01

    Full Text Available The article is devoted to investigating the struggle of the USA labor unions for the repeal of the Taft-Hartley law provision on the restraint of labor organizations’ political activity in connection with federal election campaigns. The author demonstrates that the united and active efforts of American labor unions became the main factor that made the USA Supreme Court interpret the Taft-Hartley law provision on the restraint of using labor expenditures for participating in election campaigns in favour of labor unions. The Taft-Hartley law was adopted in June of 1947 and became the main document determining the trends, forms and ways of governmental intervention into labor-management relations in the U.S. Signifying the transition from liberal statism to conservative statism, the Taft-Hartley law drastically changed the character of the state regulation of labor-management relations. Designed by the political forces intending to destroy the influence of trade unions, it seriously limited the resources and opportunities of labor party to uphold the interests of working population. As a result, the leaders of the American Federation of Labor and the Congress of Industrial Organizations were unanimous in their indignation regarding new legislation which actually put direct limitations on the right of trade unions to exercise political activities including the right to finance their participation in the presidential and congressional elections. According to the Section 304 of the law, labor unions were denied the right to contributions and expenditures related to all federal elections including primaries. It meant that labor was not permitted to publish the information about the candidates and to express the opinions about them as a whole in any newspaper (labor or commercial. The AFL and the CIO leaders called that Section unconstitutional and decided to strive for defining it unconstitutional by the Supreme Court. Following the recommendations

  17. [Critical Study of the last jurisprudence of the Supreme Court on requirements and guarantees regarding DNA sampling from suspects].

    Science.gov (United States)

    de Hoyos Sancho, Montserrat

    2012-01-01

    A critical study will be made of recent jurisprudence of Spanish Supreme Court in relation to the principal requirements that current legislation establishes for so-called "DNA testing", specially in connection with the rules on lawful evidence. In particular, the various hypotheses and circumstances that might concur in the collection of tissue samples from the suspect will be analyzed, as well as questions relating to the need, or otherwise, of legal assistance during such an act.

  18. A legislator`s guide to municipal solid waste management

    Energy Technology Data Exchange (ETDEWEB)

    Starkey, D; Hill, K

    1996-08-01

    The purpose of this guide is to allow individual state legislators to gain a better understanding of municipal solid waste (MSW) management issues in general, and examine the applicability of these concerns to their state. This guide incorporates a discussion of MSW management issues and a comprehensive overview of the components of an integrated solid waste management system. Major MSW topics discussed include current management issues affecting states, federal activities, and state laws and local activities. Solid waste characteristics and management approaches are also detailed.

  19. Institutional Constraints, Legislative Activism and Policy Change

    DEFF Research Database (Denmark)

    Citi, Manuele; Justesen, Mogens Kamp

    2016-01-01

    This article presents a study of how institutional constraints affect legislative activism and how legislative activism in turn affects policy change through an analysis of the European Union's legislative process. The argument revolves around the key role of the European Commission in advancing...... policy change, and emphasises that the Commission can successfully push for increased policy change by increasing its legislative activity when the institutional opportunity space widens. Using a novel panel dataset covering eight policy sectors from the period 1984–2012, the article shows...... that the number of legislative proposals significantly affects the extent of regulatory reform in the EU. The rise in the number of legislative proposals, in turn, is affected by the extent of gridlock between the EU's legislative bodies. These findings show that the Commission steps up its legislative activity...

  20. Handwriting Evidence in Federal Courts - From Frye to Kumho.

    Science.gov (United States)

    Zlotnick, J; Lin, J R

    2001-07-01

    expert critic of handwriting identification was rejected by the district court; however, on appeal, the Third Circuit held that both witnesses met the requirements of the Federal Rules of Evidence, and thus both testimonies were admissible. U.S. v. Jones (Jones) demonstrated yet another situation, where handwriting identification was challenged under Daubert. There the court found that because handwriting identification was never viewed as scientific evidence under Frye, it should not therefore be reviewed under Daubert. The Jones court admitted handwriting identification as nonscientific evidence, but stated that admissibility of nonscientific evidence should be governed by the facts of future cases. After some time and many other opinions on the admissibility of expert testimony under Daubert, several federal circuits permitted review of nonscientific expert testimony under the factors outlined in Daubert, while other federal circuits restricted such reviews only to purportedly scientific testimonies. In the latter arenas, determining whether handwriting identification was a scientific field or not had bearing on how it was reviewed for admissibility, if it was reviewed at all. This situation ended in March 1999 with the U.S. Supreme Court opinion of Kumho Tire Co., Ltd. v. Carmichael (Kumho), which held that the Daubert factors may be used for review of all expert testimony as the courts see fit, regardless of whether the field is considered scientific. In the wake of Kumho, two other cases challenged handwriting identification: U.S. v. Paul (Paul) and U.S. v. Hines (Hines). The Paul case, like Velasquez, dealt with exclusion of an expert critic of handwriting identification, and also like Velasquez, the court appeared to rely on the Federal Rules of Evidence rather than the factors outlined in Daubert to form its judgment. Hines, however, represented a significant departure from earlier cases, as handwriting identification was partially excluded in that the document

  1. Firearm-assisted suicide: legislative, policing and clinical concerns.

    Science.gov (United States)

    Sarma, Kiran; Griffin, Diarmuid; Kola, Susanna

    2010-01-01

    Until recent years the Republic of Ireland had one of the most restrictive regimes on firearms access with the Irish police (An Garda Siochana) consistently refusing to grant certificates for a wide range of guns including handguns, high calibre rifles and shotguns capable of holding more than three cartridges. In 2004 the High Court ruled that this policy was without legislative backing and since then the police began to issue certificates for firearms where the applicant is not disentitled under law from possessing a gun. Set against this backdrop, this paper explores the consequences of liberal gun regimes in the context of access to firearms by those suffering from mental illness and who pose a threat of parasuicide or suicide. Consideration is given to experiences in other jurisdictions and international research on firearm suicide prevention. Finally some recommendations for changes in legislation, policy and protocol in the Irish context are presented. 2009 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  2. Case law: France, Germany, India, Switzerland, United States

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    France: Administrative Court of Appeal of Lyon, 19 June 2012, Judgements Nos. 12LY00233 and 12LY00290 regarding EDF's permit to construct a waste conditioning and storage facility (ICEDA) in the town of Saint-Vulbas; Conseil d'Etat decision regarding Atelier de technologie de plutonium (ATPu) located at the Cadarache site. Germany: Request for arbitration against Germany at the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) because of Germany's legislation leading to the phase-out of nuclear energy. India: Cases related to the Kudankulam Nuclear Power Project (KKNPP). Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Inc. on the revocation of the operating licence for the Muehleberg nuclear power plant. United States: Judgement of the Court of Appeals for the D.C. Circuit vacating the NRC's 2010 Waste Confidence Decision and Rule Update; U.S. Supreme Court declines petition for certiorari filed by property owners on Price- Anderson Act claim for damages; Judgement of the NRC Atomic Safety and Licensing Board finding applicants ineligible to obtain a combined license because they are owned by a U.S. corporation that is 100% owned by a foreign corporation; Judgement of an NRC Atomic Safety and Licensing Board Authorizing Issuance of a license for the construction and operation of a commercial laser enrichment facility

  3. Capillary electrophoresis in court: the landmark decision of the People of Tennessee versus Ware.

    Science.gov (United States)

    Marchi, E; Pasacreta, R J

    1997-01-01

    Capillary electrophoresis is a versatile and emerging technique. In the fields of law and science, history has been made with the admissibility of CE as a method to evaluate evidence. The extremely low sample requirements, high separation efficiencies, and excellent resolution allow for quantitative techniques from extracted and amplified mitochondrial DNA (mtDNA), which was presented as evidence from hair shafts in the case of The People of Tennessee versus Paul Ware (Tennessee v. Ware). This paper discusses the history of the admissibility of scientific evidence. In 1993, the United States Supreme Court Justices rewrote the rules for admission of scientific evidence under the Federal Rules of Evidence (FRE) in Daubert v. Merrell Dow Pharmaceuticals, Inc. (Daubert) (509 U.S. 597). After rejecting the longstanding requirements under Frye v. United States (Frye), 293 F.1013 (1923), which focused on the conclusions obtained rather than the methodologies employed, Daubert went further in establishing a liberal policy in the FRE favoring the District Court judges to act as gatekeepers, thus admitting well-grounded scientific evidence. Later this year, the Supreme Court will once again review the issue of how the decisions reached in trial courts should be treated by reviewing courts. CE has demonstrated its ability to meet the requisite scientific standards in the court system. The CE evidence presented in Ware led to a felony conviction.

  4. How judges think in the Brazilian Supreme Court: Estimating ideal points and identifying dimensions

    Directory of Open Access Journals (Sweden)

    Pedro Fernando Almeida Nery Ferreira

    2014-09-01

    Full Text Available We use NOMINATE (Nominal Three Step Estimation (Poole and Rosenthal, 1983, 1997 to estimate ideal points for all Supreme Court Justices in Brazil from 2002 to 2012. Based on these estimated preferences we identify the nature of the two main dimensions along which disagreements tend to occur in this Court. These estimates correctly predict over 95% of the votes on constitutional review cases in each of the compositions of the Court which we analyze. The main contribution of the paper is to identify that the main dimension along which preferences align in the Brazilian Supreme Court is for and against the economic interest of the Executive. This is significantly different than the conservative-liberal polarization of the US Supreme Court. Our estimates show that along this dimension the composition of the Court has been clearly favorable to the Executive's economic interests, providing the setting in which the dramatic transformation in institutions and policies that the country has undergone in last two decades could take place.

  5. Preimplantation genetic diagnosis: a step by step guide to recent Italian ethical and legislative troubles.

    Science.gov (United States)

    Turillazzi, E; Fineschi, V

    2008-10-01

    To analyse legislation and medical professionals' position concerning the doctor's role in assisted reproduction techniques in Italy, and to discuss the implications for physicians of preimplantation genetic diagnosis (PGD). Until recently a strict interpretation of the assisted reproduction law (40/2004) and the guidelines subsequently issued, lead to denying infertile couples affected by genetic diseases the right to resort to PGD. In October 2006 the Constitutional Court ruled regarding the question of the constitutional legitimacy of the prohibition of PGD. The Constitutional Court declared the manifest inadmissibility of the question of the constitutional legitimacy of article 13 of law 40/2004. The debate has become very animated since the ruling. After the negative sentence of the Constitutional Court, three further sentences recognised the right of couples to obtain PGD, representing a hard blow to law 40/2004 and to the ministerial guidelines; a further confirmation of the untenability of a law that violates fundamental principles such as the right to healthcare for women and the unborn child, the right to responsible motherhood and to informed consent. It seems that in Italy the legislative inadequacy for medically assisted procreation is reprieved by the courageous decisions of the judges, which refer to the values of the Italian Constitution, in defence of the fundamental rights of the citizens.

  6. SAME SEX UNIONS OF LIFE IN THE PRACTICE OF THE EUROPEAN COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Boris Krešić

    2014-01-01

    Full Text Available In several cases the the European Court of Justice (ECJ interpreted the provisions of the Agreement on the European Community in terms of homosexual rights. The practice of the ECJ in the last five years (2008-2013 shows the tendency to expand the rights of homosexual persons. The paper brings the analysis of four decision of the ECJ in the cases where it decided on the issue of discrimination on grounds of sexual orientation. In the first two verdicts, the Court refused to compare marriage and common-law marriage to the same-sex union of life, thus limiting same-sex partners to achieve certain rights. In other two cases the Court made step forward and compared marriage and same-sex union of life but only if both, marriage and same-sex union of life are regulated by national law.

  7. SAME SEX UNIONS OF LIFE IN THE PRACTICE OF THE EUROPEAN COURT OF JUSTICE

    Directory of Open Access Journals (Sweden)

    Boris Krešić

    2014-01-01

    Full Text Available In several cases the the European Court of Justice (ECJ interpreted the provisions of the Agreement on the European Community in terms of homosexual rights. The practice of the ECJ in the last five years (2008-2013 shows the tendency to expand the rights of homosexual persons. The paper brings the analysis of four decision of the ECJ in the cases where it decided on the issue of discrimination on grounds of sexual orientation. In the first two verdicts, the Court refused to compare marriage and common-law marriage to the same-sex union of life, thus limiting same-sex partners to achieve certain rights. In other two cases the Court made step forward and compared marriage and same-sex union of life but only if both, marriage and same-sex union of life are regulated by national law

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

    International Nuclear Information System (INIS)

    Eyermann, E.

    1986-01-01

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

  9. National Courts in the Frontline: Abuse of Rights under the Citizens’ Rights Directive

    Directory of Open Access Journals (Sweden)

    Tamás Szabados

    2017-08-01

    Full Text Available The free movement and residence of Union citizens and their third country national family members may be restricted under Article 35 of Directive 2004/38/EC on the grounds of abuse of rights. Although the Court of Justice of the European Union (CJEU had the opportunity to address abuse of rights cases, so far there have been no cases where it has established that abuse of rights took place. For this reason, the legal literature has tended to downplay the significance of the abuse of rights exception. The analysis of national case law, however, demonstrates that the courts of the Member States do apply Article 35 in its implemented form and have established abuse of rights on several occasions. Moreover, national courts have decided legal questions related to the abuse of rights which were not answered previously by the CJEU.

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

    Directory of Open Access Journals (Sweden)

    Wan Abdul Fattah Wan Ismail

    2017-12-01

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

  11. Legislations the field of food irradiation

    International Nuclear Information System (INIS)

    1987-05-01

    An outline is given of the national legislation in 39 countries in the field of food irradiation. Where available the following information is given for each country: form of legislation, object of legislation including information on the irradiation treatment, the import and export trade of irradiated food, the package labelling and the authorization and control of the irradiation procedures

  12. 38 CFR 13.3 - State legislation.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false State legislation. 13.3... ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.3 State legislation. Field facility Directors are authorized to... regarding any proposed legislation relating to fiduciary matters will be taken without the approval of the...

  13. 46 CFR 67.132 - Special legislation.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 2 2010-10-01 2010-10-01 false Special legislation. 67.132 Section 67.132 Shipping... legislation. (a) Vessels not otherwise entitled to be operated in the coastwise trade or in the fisheries may obtain these privileges as a result of special legislation by the Congress of the United States. (b) In...

  14. 29 CFR 11.14 - Legislation.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Legislation. 11.14 Section 11.14 Labor Office of the... Administrative Procedures § 11.14 Legislation. Notwithstanding any provisions of this part, environmental assessments or impact statements prepared in connection with requests for new legislation or modification of...

  15. 50 CFR 80.3 - Assent legislation.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Assent legislation. 80.3 Section 80.3... WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS § 80.3 Assent legislation. A State may participate in the benefits of the Act(s) only after it has passed legislation which assents to the provisions...

  16. Legislative Basis of Pedagogical Education in Japan

    Science.gov (United States)

    Kuchai, Tetiana

    2014-01-01

    Legal framework policy of Japan in the field of education has been analyzed. The problem of influence of legislative materials on the development of education in Japan, its legislative support has been considered. It has been defined that directive materials affect the development of education system in Japan. Legislation policy of the country is…

  17. 33 CFR 276.5 - Legislative history.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legislative history. 276.5 Section 276.5 Navigation and Navigable Waters CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF... Legislative history. Discussion of this legislation is contained in the reports by the Senate Committee on...

  18. Bifurcation of Mobility, Bifurcation of Law : Externalization of migration policy before the EU Court of Justice

    NARCIS (Netherlands)

    Spijkerboer, T.P.

    2017-01-01

    The externalization of European migration policy has resulted in a bifurcation of global human mobility, which is divided along a North/South axis. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. These cases concern core

  19. ALCOHOL RELATED TRAFFIC SAFETY LEGISLATION

    Directory of Open Access Journals (Sweden)

    E.B.R. DESAPRIYA

    2002-01-01

    Full Text Available There is a substantial amount of evidence from experimental studies to indicate that a variety of individual skills are impaired at blood alcohol concentrations (BACs well below 0.05%. Epidemiological studies indicate that the risk of a crash increases sharply for drivers with BACs below 0.05%. The correlation between drunk driving and the risk of traffic accidents has been established on the individual as well as the aggregate level. The BAC level legally permitted is a public policy decision by legislators, while scientists can present experimental and epidemiological evidence indicating the BAC level at which psychomotor skills deteriorate and accident probabilities increase. There is considerable epidemiological evidence to support the fact that the risk of alcohol impaired drivers being involved in traffic crashes rises with increasing BAC's. By contrast, the evidence on the BAC at which a driver should be regarded as committing an offence has been the subject of much debate and various legislative decisions. Historically, per se laws specify BAC levels which are a compromise figure intended to reflect both the point at which a driver becomes significantly more likely to be involved in an accident than a comparative driver with a zero BAC and that which is politically acceptable, but falls within the BAC region of increased accident liability. Therefore, the per se legislation in most countries has not kept pace with scientific progress. This study suggests that if saving lives on the road is an important issue, then, passing laws that incorporate scientific and epidemiological studies, is necessary.

  20. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2014-01-01

    This section treats of the following activities sorted by country: 1 - Belarus: International cooperation, Organisation and structure, Licensing and regulatory infrastructure, Nuclear safety and radiological protection; 2 - France: Nuclear safety and radiological protection, Radioactive waste management, Environmental protection, Liability and compensation, International co-operation; 3 - Hungary: General legislation, Radioactive waste management, Nuclear security; 4 - Ireland: Nuclear safety and radiological protection (including emergency planning); 5 - Lithuania: Licensing and regulatory infrastructure; 6 - Moldova: Nuclear safety and radiological protection; 7 - Portugal: Radioactive waste management, Nuclear safety and radiological protection; 8 - Slovak Republic: Radioactive waste management, Liability and compensation; 9 - Spain: Radioactive waste management; 10 - Ukraine: Radioactive waste management; 11 - United Kingdom: Organisation and structure